Proceedings of the Council of Maryland, 1681-85/6. 413

Pet^r according to the Law in that case made, ffor that your
Pet^r being altogether ignorant of the construction thereof, and
the Jury not minding the same, it being not read to them, or
that part thereof w^ch otherwise (before the verdict) your Pet^r
might have claymed the benefitt of, viz: that in such cases the
Offend^r should be convicted by the oathes of two Evidences

Lib. R. R. R.

or more, yett notwithstanding that, the Jury (through their
ignorance of that pte of the law) brought your Pet^r in guilty,
that soe he was convicted by the oath of one onely person w^ch
is contrary to the forme thereof, upon w^ch the hon^ble Justices of
the Prov^ll Court could doe noe otherwise then give judgem^t
and thereupon they pronounced the heavy and grevious Sen-
tence of banishm^t upon your pef and not onely soe but to
have and receive the seveere punishm^t of whipping which is
grevious and will tend to the utter shame and ruine of your
pet^r unless releived by favour of your Hono^rs mercy.
Your pet^r therefore in most humble & submissive manner
supplicates your Hono^rs to consider the severity of your pet"
Sentence, and have compassion on him, & mitigate the afore-
said Sentence, and remitt your pet^r the Corporall punishm^t of
whipping And your pet^r shall use all speedy meanes that
may be to depart the Province to ffulfill the other part of the
Sentence, though much to the greviance of your pet^rs wife and
family.
And your pet^r shall ever pray &c.

Ord^r to find good security for his behaviour during life

It is the Opinion of this board that the Jury haveing pro-
ceeded erroniously and brought in their verdict contrary to
Law The pet^r be wholly discharged from the Sentence passed
upon him; But the words by him spoken being of misbeha-
viour and apparently (though not according to Law sufficient
to convict and condemn him upon the Statute) his reall words;
It is Ordered that he be become bound to the Lord Prop^ry in the
summe of two hundred pounds sterl together with two good
& Sufficient sureties in each one hundred pounds sterl; for
his good behaviour dureing life.
Notice taken by the board that the Sheriff of Cecill County
had not according to his p^rcept returned the bodys of Swithen
Wells and Samuel Wheeler, wherefore ordered that he be
once more commanded to take them into his custody and
have them before his L^sps: Justices of the Prov^ll Court at the
next Provinciall Court to be holden at S^t Maries on the last
Tuesday in Novemb. next to answer their charge also to sum-
mons M^r Edward Inglish and M^r Edward Jones to testifie ag^t
them, according to the foll precept (viz:)

p. 257
p. 258