Proceedings of the Council of Maryland, 1681-85. 319

can say and alledge that the persons impeached for the plot
have had that Liberty granted them to produce their Evidence.
Chanc:—So have you, but they have not had given them the

sume of what the Evidences could swear against them before
they came to Tryall.
Att: Gen^ll—Every man accused is presumed to know what
he has done.
Fend^ll—Still I am surprised If I cannot have liberty to pro-
vide my evidences and be made sensible of my charge.
Chanc:—Never was prisoner brought to a Barr Copyes
given him of what might be brought in Evidence ag^l him and
if this be all you have to say it is not reason sufficient to putt
off your Tryall any longer.—We must proceed.
Att: Gen^ll—Call William Boyden
Cl:—William Boyden—The Evidence that you shall give to
the Court and the Jury in behalf of the R^t Hon^ble the Lord
Prop^ry against the Prisoner at the Barr shall be the Truth, the
whole Truth and nothing but the Truth according to the best
of your knowledge—So help you God.
Att: Gen^ll—Tell the Court and the Jury what you have to
say ag^t the prisoner at the Barr.
Boyden.—About two years since Cap^t Fendall being at my
house told me that he had all the late proceedings in England
at home at his house that my Lord was a Traytor and he could
prove it, that people were fooles if they paid Taxes and he
would bear them out in it if they did not he also then said
now is the time for people to speak their minds and say any-
thing for it was no Treason and he hoped within a few years
to have more hon^r in the Country than ever he had. On the
Sunday after Fendall was taken Robert Middleton told me in
presence of severall others that Cap^t Fendall was now going
to call my Lord to an acc^t and it was high tyme so to do, soon
after Cap^t Fendall was taken att the request of Lieut: George
Godfrey and others I went down to Cap^t Fendall's house to
enquire whether he were kept prisoner or not and to let him
know if I saw him that George Godfrey with his Troop were
ready to serve him, but Cap^t Fendall was then in Custody as I
was informed and not returned home, I lay that night with one
M^r Thomas who told me that Samuel Fendall was then gone
over into Virginia for some men to assist his Brother out of
prison.
Fendall—Boyden has taken the wisest course and serves me
as he has done Godfrey knows himself guilty and to slip his
own neck out of the collar lays it upon others.
Chanc:—Cap^t Fendall you must understand that the method
of this Court in these cases is first to hear the Evidences dis-
tinctly without interruption what they had to say and then the
Prisoner.

P. R. O.

Colonial
Papers.