256 Records Illustrating the History of Maryland

P. R. O.

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

afd that the Maj^r att his Returne home haveing notice of these
orders to aprehend him was then indeede forced to leave his
family and goe for Protection into Virginia as they did hither
in Bacons time thincking to stay till a settlement come from
England w^ch not comeing according to Expectation about
Christmass he w^th these men the Prisoners came in the yacht
afd to fetch his wife and Childern and necessaryes for them
and being at anchor at Bartuxant neare his house the night
before they intended to goe away againe the Major being att
his house ashore that M^r Payne as Cap^t and nott as Collector
did press_tsev^ll men and armes to goe with him and seize the
Major and his yacht in the night time some hours before day
they haveing first seazed the Boate came with that armed
Power to seize them all they in the yacht refused to lett them
enter knowing Payne had such warrant from Coode but
offered M^r Payne to lett him come alone on bord to see the
permitt they had from Virginia and that they had no goods
butt what was theire necessaryes and to give himselfe what
other satisfaction he desired butt he would nott Enter without
the rest and soe they fell to words of passion and Oaths one
that they would and the others that they should nott Enter
but at theire Perill if they attempted it for they would fire att
them and M^r Payne and his men persisting in theire attempt
to board them gunns were fired and payne killed Mason and
Woodcock wounded and nott knowing till long after they
came to Virginia that Payne was killed they made the best of
theire way and went back for Virginia and after rendered
themselves freely to the Gouvernmt there and were bayled
as of—
Now this is the murther layd to their charge ag^t w^ch Crime
(as Murther by mallice either prepense or Implyed in Law)
matter of Law upon the Fact would necessarily arrise upon
sev^ll points as was conceived Malice prepence there could be
none nor was pretended malice implyed would be the thing
Insisted on that he was the kings officer and slaine in the Due
Execution of his Office soe to bring the Prisoners in the Case of
Mackelly in Coods Rep: of a Bayliffe being killed in the Ser-
vice of the Parties of Law To w^ch might have been objected on
the prisoners side by pleading att Barr or arrest of Iudgemt
that he came nott as the Kings officer but as Cap^t Payne by
warrant from Coode in which M^r Payne had been active to
execute he had before sent to M^r Greenhalgh to give him
meeting at St Maryes about the same designe and went him-
selfe thither to that purpose Cap^t Greenhalgh was to provide
able men well armed and a man to manage the yacht for the
matter would be effected Easily but things must be carryed
secretly there was the Designe not as Collector for any trans-