406 Proceedings of the Council of Maryland, 1660- 1661 .

Liber H. H.

Estate to the vse of his Lop. the Lord Proprietary of this Pro-
vince whereby yo^r peticon^r is left wholy Destitute of a Sub-
sistance both for himselfe, his wife and Children, And also by
the same order banished for ever this his Lopp^s Province
Jt is the humble request of yo^r peticon^r that yo^r Honor will
be pleased to take into yo^r Gratious Consideracon, the sad and
deplorable Condicon of yo^r peticon^r and in mercy graunt vnto
him such a proporcon of his Estate as may be a Comfortable
Subsistance to himselfe and family, And likewise repeale his
Banishm^t that soe he may be made Capable of enjoying such
a parte of his Estate as yo^r Honor shall thinke fitt to Graunt
vnto him And he will willingly give yo^r Honor security that he
will neither Acte or abbett any thing against the peace and
safety of this Province And that yo^w will be pleased to allott
him a reasonable tyme for the procureing of such Security
And he shall as in duty bound pray &c

Josias Fendall

Wherevpon the Councell tooke into Consideracon the said
peticon and Desired that the Sentence of Banishm^t be by the
Governor pardoned And that the said Josias Fendall be had
held and reputed as a Freeman of this Province to all Intents
and pourposes Saving that he shall not at any tyme beare office
within this Province nor have voyce in Electing, nor be elected
Burgesse in any future Assembly Provided he the said Fendall
Give such sufficient Security as the Governor shall thinke fitt
for his Good behaviour towards the Governm^t here And as to
his Estate they further desired that he might have it restored
in Statu quo prius (vizt) before Judgem^t passed 27^th of February
in the Provinciall Courte paying his iust fees to the Sherriffe
and officers of the Courte and chargeing a Bill of Exchange
for fifty pounds Ster. payable in London at tenn dayes Sight
to some person whome the Governor shall appoynte
And further that he may haue 20 dayes tyme to Give in
Security for his Good behaviour as aforesaid and that after
which Security given he may haue a pardon vnder the Create
Seale according to the Intent of theis presents

All which at the Instance of the Councell
the Governor Granted.

At a Councell held at Saint Marys 28^th of February 1660

Present

Philip Calvert Govern^t
Henry Coursey Sec:

Ed. LLoyd

John Bateman | Councello^li>
Rob^t Clarke

Baker Brookes