in the Years 1691-92. 251

An account of the Case of M^r Iohn Woodcock
George Mason W^m Burley & W^m Ayleward
touching the Death of M^r Iohn Payne and
their tryall for the same.

I shall not need in this place to begin with the relation of
the occasion of that sad accident w^ch happened in Christmass
1689. having hereafter occation to speak thereof but these
gent^en being by order from his Majestie to the Governour of
Virginia sent hither in order to be proceeded against for the
murder of the s^d Payne & being here in the Custody of the
Sheriff of St Maries County I Rec^d from them a letter Directed
to M^r Carroll & Myselfe with severall papers of w^ch they
desired our advice and direction in point of Law how they
might Legally defend themselves in case the Pend that ruled
here should bring them to a Tryall as it was Reported they
would by vertue of his Maj^ts letter to them directed for that
purpose the Contents of which letter and Authority thereby
given was altogether unknowne to me till after the Tryall I
saw a coppy of it onely I was Informed it was but a letter and
not a Commission of Oyer & Terminner under the Great seale
and not directed to persons particularly named as is usual in
such Cases Upon perusall of whose papers finding their case
had been under Exam of the Govern' & Co: of Virginia & they
Imprisoned for the fact w^ch was agrauated by the Gent here
with all the Circumstances Imaginable to render it a horrid
Willfull Murder severall Examinations haveing been Taken
there in Virginia touching the same it seemed to that Gov-
ernment not a crime of so high a nature seeing that these
Prisoners were by them lett out to bayle so Considering the
proceedings in Virg: and that yett notwithstanding here it was
generally given out to be a Bloody willfull murther of the
Kings Officer as Collector in the Executing of his Office.
Therefore as well to satisfie my owne Interiour as to be ready
upon any occation (if I might be permitted) to assist the Pris-
oners in order to a faire and Legall Tryall for their Liues by
Indifferente luges & Iury I did my Indeavour according to my
small ability to Instruct myselfe in such points of Law as might
be urged before pleading to the fact as allsoe in what might
upon the fact arrive w^ch I did put downe in writeing.
And in the first place I considered his Lopp^s Charter and
the many Royaltyes & imunity thereby granted in such
manner as any Bpp of Durham ever had in his County Pal-
atine w^th Power of Life and Death &c that his Lopp & Father
had held the same neare 60: yeares and therefore by advice
of his Lopps atturney Gen^ll I framed a plea to the Iuridiction
of the Court without Commission from his Lordship to be
Coram non Judice and to maintayne that plea Argumts were

P. R. O.

Maryland
B. I. Vol. 2,
B. E.
p. 27