428 Provincial Court Proceedings, 1660.

Liber
P. C. R

iust power of his lo^p, and the Subvertion of the Government of this
Province and contrary to the peace of his said Lo^p his rule and
dominion.

Attorney
General v.
Fendall
Vide 3 Md.
Arch. Coun.
395

The Indictm^t retourned by the Grand Jury aforenamed ag^t Josias
Fendall late Gouernor of this Province, wherupon they retourned
Billa Vera
The Jury do present for the Lord Proprietary that Josias Fendall
late Governor of this Province of Maryland contrary to his Oath
and trust, not haueing the feare of God before his Eyes, and by
instigation of the Diuell mutinously & contrary to the Act of As-
sembly in that case provided within this Province of Maryland, the
Dominion of his lo^p over and in this Province aforesaid to take away
hath plotted contriued and by force attempted that is to Say

[Vide I Md.
Arch. Ass.
389]

On Tuesday 13^th March 1659 at the howse of M^r Robert Slye
Marchant in Saint Clements Mannor in the County of Saint Maryes
by word and writeing ag^t his lo^ps lawfull power of makeing lawes
Within this Province by the Express words of his Pattent to him
granted did declare
And further do present that the said Josias Fendall did with
Thomas Gerrard, John Hatch, W^m ffuller Sampson Waring Thomas
Hinson and Joseph Wicks and William Burgess and divers other
persons calling themselues an Assembly to one Act entituled an Act
for repealing all former acts falsely and ag^t the express words of his
Comission consent, As also to another pretended Act entituled an
Act providing ag^t any disturbance in the present Government where-
by they made it fellony for any person to disturbe" the Government
soe as it was established by that pretended Assembly, and to divers
other Acts tending to abolish his lo^ps iust rule and dominion over this
Province
And further also do present that the said Josias Fendall by force
the dominion of his said lo^p to take away hath attempted (vizt) vpon
the 28^th day of March signing Comissions to Millitary Officers, and
afterwards in the moneths of July August and .... the forces by
those officers raised

p. 430

And further also do present that the said Josias Fendall hath in
opposition to his lo^ps iust rule and dominion severall writts as well
in Causes Ciuill as Criminall signed and proces by vertue of his
pretended Commission from the said pretended Assembly receiued
the 5^th of May 30^th and 31^th of July 16^th of August 21^th of September

[The
records of
these Council
meetings are
lost]

and 15^th of Nouember held Councells with Thomas Gerrard Robert
Slye and Nathaniell Vtye 15^th of September publishing a declaration
comanding all persons to owne no Authority but what come imedi-
atly from his Ma^ty, or the Grand Assembly of this Province thereby
collourably sheltring his Rebellion vnder a pretence of his Sacred
Ma^ties name, And also a letter dated 20^th of Nouember, and after