in the Years 1689-90. 149

of the new men of any note in Calvert County being of the
same mind, An Arrundel County being one of the most con-
siderable, and in which is not five papists, they would not
choose Burgisses at Coode's Command, however they have
at some rate or other procured some from the other Countys
the said Smith, M^r Michaell Taney, and M^r Cecilius Butler
taken prisoners and kept with great severity about tenn days,
in which time many of the Burgisses which were men of their
own faction, and chosen by their own souldiers, used all means
to persuade the said Smith, Tany,and Butler to submitt to and
own their power, at last being called to the House of As-
sembly, Coode in a large Speech sett forth that to endeavour
to hinder them in their proceedings was no less than rebellious,
for that they seized and took the Country for their Majesties
Service, Smith replied that his faith and Allegiance would
not admitt him to submitt to any other power in this place,
than what is lawfully decended from the Crown of England,
if you have any such I honor and obey, the Speaker reply'd
we are satisfied in our power, said Smith, I have heard you
have a proclamation which you say gives you power to do
what you have done, I have often desired to see it, I never
could, I now desire that I may hear it read, the Cap^t of the
Guard was commanded to take away the Prisoner, Tany &
Butler called for singly afterwards, all called together when
M^r Speaker told the Prisoners, the House had considered
upon their Cause, and it is agreed they should give Bond
with good security for to answer before the Kings Majestys
Officers when they come from England; and be of the good
behaviour in the mean time, the prisoners Answer they will
give Bond to Answer but not otherwise, for if at any time in
discourse shall say you had noe lawfull power, it shall be
esteemed no good behaviour, and soe hurried to prison again.
Smith demands again to know by what power he is thus taken
and kept a Prisoner, and what Law of England or this Coun-
try, he hath broken, for answer, take them away guard.
Smith, Tany and Butler continue Prisoners to the great dislike
of many people, but they use all the means to persuade their
friends to bear it with patience, till a Lawfull power come to
release them.

Maryland. 1689.
Cap^t Smith's Case.
Read. 16^th Dec^er 1689.

Copy of M^r Smith's Papers,
dated 16^th Dec^r 1689.
Gentlemen,
I am a free born Subject of England, therefore as such I

P. R. O.
Colonial
Papers.