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pray consider and Mr Dent likewise swears that if but my
Lord and four or five more were secured—which way could
that be done but with force, here are severall overt acts and
five Evidences to prove them though not all of them to one
particular part I think sufficient to make good the Indictmt
P. Lynes Foreman—We desire to have the Act of Assembly
with us to see what it directs.
Court.—You have not to do with that you have only to find
whether or no the words have been spoken accordingly as the
Prisoner is charged, you are not to muse yourselves with mat-
ter of Law but you are to enquire into matter of fact.
Fendall—That is a charge for a grand jury
Chanc:—It is properly before this Jury they have nothing
more to do then to enquire into matter of fact whither such
and such things have been done or not the rest lyes before
the Court the Grand Jury having only found such an In-
formation fit to be prosecuted and left it to the petit Jury to
try it.
Fendall—This had not been known.
Cl:—Sheriff, an Officer here to attend the Jury.
Sher:—Edmund Dennis
Cl:—You shall &ca
Chanc: as the Jury are going out—I am to tell you that if
you cannot find the Indictmt as it is laid you may if you think
fitt find specially—
Jury go out
They return—
Cl:—Philip Lynes &ca are you agreed of your Verdict, who
shall say for you
Jur:—Our Foreman.
Cl:—Josias Fendall hold up thy hand at the barr— Look
upon the prisoner you shall be sworne what say you is he
guilty of that whereof he stands indicted or not guilty
Jur: give in their Verdict
Cl: reads—We find Josias Fendall guilty of speaking severall
seditious words without force or practice and if the honble Court
think him guilty of the breach of the Act of Assembly we do
or else not
And so you say all.
Jur:—Yes
Cl:—Take away the Prisoner Sheriff the Court will consider
till tomorrow
November the 16th 1681.
The Court being sate Capt Fendall was called to the Barr.
Chanc:—Capt Fendall you were yesterday arraigned at this
Barr for mutinous and seditious speeches practices and attempts
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