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

P. R. O.
Colonial
Papers.

Court—You have here in Court owned yourself that you
met him.
Fend^ll—I deny it not, but that I said those words.
Chanc:—It is sworn by a man of credit and a Protestant,
have you any more to say.
Fend^ll—I have done.
Chanc:—Cap^t Fendall you stand indicted for mutinous and
seditious speeches practices and attempts ag^l the person of the
Lord Prop^ry to the subversion of the State and Government of
this Province.
Fend"—Nothing of it is proved.
Chanc:—Give me leave to speak S^r
Fend^ll—I understood you spoke to me
Chanc:—So I did to the Jury pray let me go on.
Fend^ll—I submitt
Chanc:—Here is Boyden proves Cap^t Fendall called my
Lord Traytor and said he could prove it that people were
Fools if they paid Taxes and he would bear them out if they did
not that now was the time for people to speak their minds and
say anything it was no Treason words I think sufficiently mu-
tinous and seditious and what the words bearing out can make
but force I leave to any Judgm^t There is Bright another Evi-
dence that swears that Cap^t Fendall said he believed in his
Conscience the Papists and Indians did confederate together
when the people were cut off at Point Lookout and this in his

comon discourse, that my Lord did uphold the Indians In whett

they did, what tends this to but Mutiny and Sedition, But he
need not go to the Southward for land The King and Parlia-
ment in England were at Warrs and here would be land
enough shortly for them all which words cannot well be con-
strued without force intended to be used; Here is likewise M^r
Dent swears to the words spoken of the papists and Indians
joyning together and that if my Lord and four or five more
were secured then—what can this mean but force, here are
severall overt acts to make good to make good the Indictm^t If
only one be proved by one Witness and another by another
though there be not two Witnesses to one and the same part
yet if there be more than one to prove the several parts or
overt acts it is sufficient
Chanc:—You Gentlemen of the Jury you have heard the
charge against the Prisoner as also the severall Evidences and
the Prisoner's defence to prove the mutinous and seditious
words spoken by the prisoner you have heard Boyden say &c^a
as also Taylor Bright and his Wife and M^r Dent who all swear
to the words, particularly Boyden that the people were fools if
they paid Taxes and he the said Fendall would bear them out
if they did not what bearing out could mean without force