in the Years 1691-92. 261

of the Iury that convicted them and saw keenely burnt in the
hand and were present when Price was Condemned w^ch last I
could prove being the Present' and Drew Petiⁿ for his pardon
& I was sped, by the Sher to Testifye for the Prison^r yett nott
permitted to goe to Court and were ready to depose the same
in court and hundereds knew them both to be certainly true
yett because the Record was nott produced and could nott be
found they were admitted as good Evidence for the K. ag^t the
Prison^er the Prisoners called for theire papers which were taken
from me amongst w^ch was the warr^t from Coode to Green-
halgh and Taylards letter testyfying the like to payne and
that payne had requested him to writt to G. to give payne a
meeting and bring 6 able men as afd as allsoe the Coppy of
the K. Procl. to continue his Prot^on in America dated 18 feb.
89 as afd theire proceedings in Virginia about Bayle takeing
Coppy of keenelys oath in Virginia which differed from that
theire Service in Court and some Private memorandum of
theire owne writeing and Observations but the same were
denyed them as is Reported and although the Coⁿ should have
been the Prisoners Council all things were highly agravated
against them by M^r N. B. the president and the K. Collector
the Att. Generall the K Collector alsoe who gave the charge
that M^r I. P. absolutely was the K. Collector and in due exe-
cution of his office and therefore the Law imployed Molline
and as further agravation of the Crime agt them the sd M^r N.
B sayed they were papists and had armes which was ag^t the K
declaration w^ch was made to reach hither the killing of M^r
Rousby was another circumstance urged ag' Them no notice
was taken of Cap^t Coods warr^t or Paynes being Cap^t or any
Examination thereinto yett not denyed by any of the K Evi-
dence nor any name of the Date of the proclamation for con-
tinueing the officers there was as I heard M^r Paynes Commⁿ of
Collector produced in Court but w^ch of them I cann heare if it
was that he had from K: I: 2^d was nott to the purpose and if
that from K: W: & Q: M: it came in long after his death and
soe was as little to the purpose unless it were to possess the
Iury w^th an untruth that he was Coll^r to K: W. when he dyed
as to the unseasonableness of the Tyme of the night the Pres-
edent of the Court said it was nott materiall it being after
twelve att night was the morning of the day from 12 to 12.
being the Computation of day and night and had he read
Cook 3 Inst cap Burglary he would have found another
description of day and night as long as day light continues
whereby a mans countenance may be discerned it is called day
and when darkness comes and day light is past soe as by the
light of day you cannot discerne a mans countenance then it is
called night which doth agravate the offence sith the night is

P. R. O.

Maryland
B. I. Vol. 2,

B. F.