258 Records Illustrating the History of Maryland

P. R. O.

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

dated as by a Coppy I have seen if true the 18 Feb 1689 at
the Court at Kensington which was neare two months after
the fact committed and soe he never Legally vested in that
office and if such procl: had beene before without a Direct
Comm^on or a Com^d a question of it could have Iustified such
an armed force if blood had been by him spilt what the Law
could have s^d to in that case lett it speake—Soe that all things
considered he was nott legally the Kings officer nor was in the
one Execution of his Office it was in the night qui male agit
odit Lumen with an armed force as Cap Payne Maj^r Sewall
had not been on any Tradeing designe nor was it a boate for
trade nor proffit but pleasure a vessell of the Country only
made use of upon acc^t of visitts to his friends and no law to
Enforce him to Entry upon such occations nor a vessell of any
force nor had they any gunns or amonicon but such as people
usually carry in boates or sloops for necessary defence and
game he had made no transgression ag^t the Lawes for trade
it was not usual for M^r Payne to go at such unreasonable
tymes in the night only on board shipps w^th psons so accou-
tered hee had another designe then the K. service or getting
K dues he expected to be shares in the Booty otherwise and it
was said he had been that night late drincking and the heat of
the wine & his Zeale for his new master put him upon that
costly attempt besides he might and was freely offered him-
selfe to come on board as the witnesses for the king being the
soldiers present by Payne if examined to that could I presume
have deposed Asquith one of them did Sweare.—
These and many other argums might have been used to
have mittigated the Crime if Councell had been allowed them
to have had freedome of speech butt all as well as prisoners
were overawed by an armed force of horse and foot attending

all that court of Tryall and much more were contained in my

private notes besides what might have been urged by the other
good that were desired to be of Councill for the Prisoners.
On good fryday the Committee of the Convention mett on
Easter Tuesday the Convention in Thursday the prisoners
brought to St Maryes in order to theire Tryall on Friday
they sent to speake with me I went and with much adoe had
Liberty to see them a guard being present they told me
they heard they were to be tryed next week I advised them
to Petition the convention for longer time to summon Evi-
dences some of whome lived in Ann Arundell County and
to have order for spas they desired me to draw and present
theire petition and pray that they might have council allowed
them in matter of law as they desired M^r Carroll M^r G Thom-
son M^r Dent and myselfe and that some of those good might
be permitted to be Consulted in Private I drew the Pettition