254 Records Illustrating the History of Maryland

P. R. O.

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

allows in favorem videl I^st as to theire challenges to the Arraye
or to the Poll or both & cited the books for them and indeed
I think they had good cause to have excepted to that part of
the Iury array (if nott to all for that reason) because the fore-
man of the Iury and some others of the Iury was of Calvert
County where the fact was Committed the rest were of the
whole body of the Province as has been usuall in the Pro^ll Court
& M^r Andrew Abbington the Sherif of Calvert County who
returned those of his County was adm to the deceased Payne
his Deputy Collector and Gossep as I am credibly Informed
and his great friend att whose house he lays buryed and
M^r W^m Parker the foreman had before the Tryall spoken hard
words against the Prisoners in prejudice of their lives as I am
alsoe Informed they were thereby allsoe to be putt in minde
to Demande Councill in matter of Law if upon the fact any
did arise and was nott doubted butt there would to clear them
of the Imputation of willfull murther & to Extenuate the
Crime to manslaughter the most if nott se Defendendo butt
of all those Benefitts and advertisements they were Deprived
being kept Close prisoners that none could come and con-
verse with them without the hearing of the Guard & that not
permitted neither to anything might be for theire advice and
defence and the takeing away theire papers as hereafter I shall
mention Sheppards Epitome chap: maynetenance seems to
say that after a felany is Committed a man may help the
Prisoners by his Councill Lres or the like to bring him out of
his trouble and I never knew it denyed here for the friends to
visitt prisoners in prison soe they were secure from Rescues
or Escapes and the Law Allowing Councill in matters of law
as may be seen in Divers cases in the books I conceived it
could be noe crime to be prepared aforehand for the same if
it should be adjudged fitt to asseigne them Councill and for
that purpose I had drawne up some heads of what might on
your Prisoners behalfe have been insisted on in Mitigation of
their Crime to be offered to a Court Legally Constituted and
nott Consisting of members principall agents in these our
unhappy Turmoyles for to these Gentlemen it was nott intend
to be Directed nor Perhapps all to any other Court but as
occation should offer and require and in those my Private
notes and conceptions I had used this method to bring the
same to the fountain of this unhappy accident and other mis-
cheifs to sett forth his Lordsps. Charter the long Continuance
of succession of the Gouvernmt. to his Lordpp the Act of
religion the foundation under God of our Envyed happiness
the Care taken by former assemblyes (out of respect to his
Lop^s good Gouvernmt) of an act of recognition of his Lo^ps right
and Title to the Dominion of the Province by the s^d Charter