Assembly Proceedings, Sept. 20-Oct. 18, 1694. 79

Munday October 15^th 1694.

Councill Sate and were all present
Read the House of Burgesses Answer to the Petition of
George Mason & William Burley prison's under the sentence
of death, which said peticon & Answer Run in these following
Words Viz^t

To his Ex^ncie the Gover^r & hon^ble Assembly of Maryland now
sitting the 27^th of 7^br 1694:
The Humble Peticon of the Distressed Prison" George
Mason & Will^m Burley
Sheweth
That your Pet^rs for these many yeares last past have been
confined tho more willing to dye than live to put the Countrey
to so vast a Charge as our Eternall Imprisonm^t will create.
Wherefore humbly pray wee may be brought before this
hon^ble house beseeching y^r Ex^ocie and this Great Assembly to
Enquire into the Comission by which wee were tryed whether
there were any or noe, or whither it was of Oyer & Terminer
under that Seale, And as the Law directs & noe otherwise, &
whether our present Circumstances may not admitt us to
Bayle upon such Security as this hon^ble house shall think fit &
we will Ever Pray &^ca

Original

Journal.

By the Assembly Octob^r 10^th 1694.

According to the pet^rs desire this house have Enquired into
the Legallity of the Comission by w^ch they were tryed, And
say that upon the Death of M^r John Payne his Brother Doctor
Payne of London peticoned their Maj^ties that Justice might be
done upon the persons accused of his Broth^rs Murther w^ch was
the pet^rs & one Woodcock, that upon the same their Ma^ts sent
their Lett^rs Mandatory, to the then present Governm^t of this
province, the Convention lawfully appointed & Authorized by
their Ma^ts who upon Receipt thereof Did Constitute Certaine
Justices by a Legall Comission from their Maj^ties to be a prov^ll
Court & to haue Cognizance of all pleas of the Crowne &
civill Matters w^th in this Province & that the said Justices soe
Constituted & after verdict of twelve good & Legall men that
the pet^rs w^th the said Woodcock was Guilty, according to Law
passed Sentence of Death upon them But after Tryall the s^d
Woodcock Confessing the fact was done by him onely, & that
the other two had noe other hand in it then being present on
board the yat, when the said Payne was killed:
The said Convention repreived the said prisoners and left
them to their Ma^ts pleasure for a pardon, whoe soe Remained

p. 62