188      Proceedings of the Council of Maryland, 1705.

      Lib. C. B.  lett the Masters If now they will not be Suffered to goe

                  without better Convoy, So that they may applye themselves

                  to the best Service of their owners.

                   Mr John Gresham Sheriff of Ann Arundell County being

                  called for, came, and his Excellency was pleased to ask him

                  what care he tooke of his Prison that it had been broken and

                  the Indian and ffellons Escaped His Excellency Says he told

                  Mr Gresham that the Indian and Celie should not be together,

                  which he Says his Excellency did, but that he could not Part

                  them because the Key of the other Roome was lost, much

                  Blameing his Deputys Neglect. As to the Sherriff of Ann

                  Arundell Countys Suffering the Prisoners to Escape by the

                  Negligence of his Officer it is reffered to the Attorney Gen

                  erall to inform the Provinciall Court thereof.

           p. 34  Benjamine Celie having lately broke Prison and being now

                  retaken and brought before this Board and Examined Says

                  that when he went out of Prison there was at the Prison doore

                  John Dawly and ffreeborns Miller & one Cuningham who

                  brought him a Dram That the Sawyer and the Smith had

                  been with him before. Believes One William Chaplin of

                  Charles County who workt with him gave him the ffile and

                  that it was Offered him Severall times before he tooke it

                  Sayd he has not wanted for Drinke believes Richard Clarks

                  ffriends have been kind to him. Ordered that Anthony Mil-

                  burne who was also Comitted on Suspition of haveing

                  Assisted Celie in his Escape be brought before the Board

                  and being brought and Examined Says that he did send

                  Benjamine Celie Some Rume but thought no harme in doing

                  so Ordered the said Benja Celie and Anthony Milburne be

                  remanded.

                   Humpherye Hernaman comitted on Suspition of assisting

                  to Breake the Prison being Examined Says Docter Hoopers

                  man Charles Stevens had bought a pair of Stockings of Ben-

                  jamine Celie and desired him to Change a Doller & give

                  Celie three Shillings which he did. Says he never brought a

           P. 35  file out of his Masters Shopp. Ordered that the said Hum

                  phery Hernaman be remanded.

                   And the Question being Refered to her Majestys attorney

                  Generail Whether Humphery Hernaman (being comitted for

                  assisting Benjamin Celie, the Indian and a ffelon, to break the

                  Prison on Sunday the 25th of March last, & against whom

                  there is a Violent Presumption of Rescuing the Said Prison

                  ers Comitted for Treason and Burglary) is not by Law lyable

                  to the Same pains and Judgment as if those Prisoners had

                  been Actually convicted

                   The Said Attorney Generall Says he will be in the Same

                  Circumstances if the Evidence amounts to a Conviction but