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

P. R. O.
Colonial
Papers.

ag^t the person of the R^t Hon^ble the Lord Prop^ry and to the sub-
version of the state and Goverm^t of this Province upon your
arraignm^t you pleaded not guilty and for your tryall put your-
self upon your Country which Country have found you guilty
of seditious words by you spoken and if this Court thought
you guilty of the breach of the Act of Assembly they thought
so. We have duly weighed and considered it by ourselves
and do find as great a breach of the Act as possible can be
without force to make it good I am therefore to pronounce
to you your sentence thus to be That you pay unto the R^l
Hon^ble the Lord Prop^ry the sum of Forty thousand pounds of
Tobacco for a Fine Be kept in safe custody at your own
proper costes and charges untill you shall have paid the same
and after the same is paid to be for ever banished out of this
Province.
Just. Tailler—The offence has been so great that unless we
should (on purpose to encourage offenders of the like nature
to pursue such evill consequences) wholly remit and take no
notice of a crime of so high a nature as this We could not have
done more in favour of the Prisoner than now is and I think
the sentence mitigated with all the Moderation possible.
Scry—Capt Fendall your best way is to endeavour the speedy
payment of the Fine or giving Security for the same so soon
as possible you can that you may be remitted from the other
part of your sentence of lying in prison at your own proper
costs and charges till that be done. The sentence is as favour-
able as could be expected The Law of our Province would
have allowed boaring of the Tongue cropping one or both
Ears and other corporall punishments but wee have forbourne
that and taken this moderate and less shamefull way of
punishm^t
Chanc:—Sheriff take away the Prisoner and take care of him.
Philip Calvert.

Att a Prouinciall Court Held at the Citty of s^t Maryes In
the Province of Maryland The Eight Day of Nouember in the
Sixth yeare of the Dominion of the Right honnorable Charles
Lord Baltemore: Absolute Lord and Proprietary of the said
Province &c^a Anno Dominj 1681. and there continued untill
the Nineteenth Day of the same month of Nouember Before
his Lordspps Justices thereunto assigned—for the keeping of
the Peace of this Province and moreover for the hearing and
Determining of Diuers fellonyes murthers Transgressions and
other misdeeds in the said Province perpetrated and com-
mitted &c: