318 Proceedings of the Council of Maryland, 1681-85.

P. R. O.
Colonial
Papers.

to the Jury) Look upon the Prisoner you that are sworn and
hearken to his cause, you shall understand that he stands in-
dicted by the name of Josias Fendall late of Charles County
Gent: for that &c^a (ut Jndictm^t fo: I^s) upon his Indictm^t he hath
pleaded not guilty and for his Tryall hath put himself upon
God and his Country which Country you are so that your
charge is to enquire whether he be guilty of those false
scandalous mutinous and seditious speeches practices and
attempts whereof he stands indicted or not guilty If you find
him guilty you shall enquire what Lands Tenem^ts goods or
chattels he had at the tyme he comitted the same or at any
tyme sythence If you find him not guilty then shall you
enquire if he did fly for it If you find that he did fly for it
Then shall you enquire what goods or chattels he had at the
tyme when he did fly for it or at any time sithence. If you find
him not guilty nor that he did fly for it say so and no more,
and hear your Evidence.
Clk—John Bright
Att: Gen^l—Call first Boyden and Taylor
Fendall—I should have had due notice of my Tryall that I
might have provided my evidence w^ch I have been prevented
in by being kept close prisoner without knowledge of either
my charge or the persons in evidence against me.
Chanc:—What you have alleadged (if it might make for
your advantage) should have been urged before the Jury had
been sworn but by consenting thereunto you have submitted
to your Tryall neither in Truth can you plead Ignorance for
that you very well know the last Court your Tryall was deferred
by reason of the absence of some of the Justices who were
wanting to make a full Court and then you had notice given
you that you should come to Tryall this very Court
Fend^ll—True, but still I knew not my Evidence nor Crime
Chanc:—It was not at all convenient for you to know all the
Evidence but most of their depositions were read to you before
the Councell.
Just. Tailler—If you had known the Evidence you would
have known what they had to say against you and taken them
off by your Influence upon the people in that County where
they dwelt.
Chanc.—To end the dispute, the short and the long is this
You have suffered the Jurors to be sworne, have had Liberty
to except and have made your excepcons which have been
allowed of much in your favour you must now proceed to your
Tryall.
Just. Tailler—Cap^t Fendall you have by that put yourself
now upon your Tryall
Fend^ll—If I must be so surprised I cannot help it, but this I