That he had used his Endeayours to dissuade people from joining the said Riotors in their proceeding, and that he had accepted a Commission from the said Government for and exercised the office of a Magistrate for the said County of Charlotte, and that all this he had a good Right to do and looked upon as his duty. That after some farther argumentation the said pretended Judges withdrew to another House to consider of their Judgment and in about two or three Hours returned to the door of the House, where the Deponent remained, and ordered him to be brought out near a Tree, where the said pretended Judges placed themselves encircled by a Number of' armed Men, into the Midst of which Circle

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896. CONTROVERSY RESPECTING THE

this Deponent was conducted as a prisoner by four men with drawn Swords, and that thereupon the said Ethan Allen who all along acted as the chief or principal judge pronounced the following sentence against this Deponent, which he read from a paper, which he held in his hand to wit, That they had erected a combination of judicious men. for his Trial and had accused him in the Manner before mentioned (repeating the accusation) That the Deponent had pleaded Self Justification which they (the said pretended Judges) had found insufficient to excuse him from punishment, and that therefore their Judgment was that the Deponent should be tyed up to a Tree and receive two hundred lashes

on the naked Back, and then as soon as he should be able should depart the New Hampshire Grants and not return again upon pain of receiving five hundred Lashes. That upon some persons observing that he this Deponent ought. not to be suffered to return while Matters remained in their present condition, the said Allen added no, not 'till his Majesty's pleasure shall be known in the premises.