262 Records Illustrating the History of Maryland

P. R. O.

Maryland
B. I. Vol. 2,
B. F.

the Time wherein men is to rest and wherein beasts runn about
seeking theire Prey and as the same is an agravacon of a fact
in some case soe the resistance made in such a tyme should in
this case lessen the Charge ag' the Prison^rs soe upon the whole
Evidence the three first were found guilty and aylwood nott
guilty on fryday they rec^d sentence to Dye on Saturday.
Mason and Burley reprived till further order and sent up to
Notley Hall Tuesday following was appointed for Execution
of Woodcock: on which day he dyed piously and couragiously.
After sentence past it being gennerally discourst th^t it was
very strange th^t the Records of the Conviction of Price and
keenely could nott be found in the office w^ch was so well
knowne to many hundereds of people M^rIohn Knellin could
then say that Cap^t Coode had taken (as he verily beleived)
out of the office those Records with some others and carryed.
them for England butt att the tryall he was silent in that point
only they could nott be found—
The Prisoners were so overawed w^th th^r maj^ties souldiers there
& the severity of theire Iudges none permitted as amicus curie
or Otherwise to speak for them or tu them that they had nott
Power to move in arrest of the Iudgement or to apeal to the
K. and Co: or to move for writt of Error w^ch first and last are
often allowable in Law in like Cases and to have Councill
asseigned them as appeares in the book.
W^m Asquith the Left^t of the Party that went w^th Cap^t Payne
swore that he heard Payne was by them on board Invited by
himselfe to come on bord soe noe Resistance against him as
Collector—
It is verily belived that w^thout Price and keenely Evidence
they would not have been found guilty.

(Endorsed)
The case of Woodcock Mason
Burleigh and Aylwood tryed
for the murder of M^r Pain
Rec^d the 10^th of Oct 91
from My Ld Baltimore

P. R. O.

To the Right Hon^ble Daniell Earl of
Nottingham.
May the 10^th 1691.
R^t Hon^ble
The Letter enclosed is left to my care of Conveyance, by
reason of my being Presid^t of the Committee (in the intervals
of the convention) for the present Government of this Prov-
ince; Wherefore have presumed (thinking it most expedient)
humbly to beseech your Hon^rs favo^rs to present it to his Maj^tie