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late at night, that on Sonday Morning they both together
issued out their warrant to the Sheriff of Calvert County to
make diligent search and enquiry by Land and water in all
parts of his Bailywick for the said Coll Talbott & him where-
soever he should be found to apprehend and take into
Custody in ordr to be brought to his tryall That after the
issueing of the said warrant to the Sheriff, They the said Coll
Henry Darnall and Majr Nicholas Sewall in Company with Mr
Robert Carvile & John Llewellin went on board The Quaker-
Ketch Capt. Thomas Allen Commandr then lyeing in Pottuxen
River being The Kings Mann of Warr, where they had also
been informed that the murder was Committed, and the said
Coll Talbott deteined Prisoner; when they came on board
they demanded in his Lsps name the delivery up of the Prisoner
to be brought to tryall here in this Governmt where the ffact
was committed, and where onely and properly the same was
cognizable; but the Captain notwithstanding such demand
thrice made, still peremptorily refused to deliver the Prisoner.
They the said Coll Henry Darnall and Majr Sewall then pro-
ceeded to lett him know that he had not (in their opinion)
civilly and fairely comported himself to the Governmt for that
(they Conceived) he ought upon his arrivall here in this Prov-
ince, and before he had exercised his Comission here, to have
applyed himself to the Governmt and acquainted them there-
with; To which he roughly replyed, that for the Governmt he
had nothing to doe with it, his business was onely with the
Kings Collector who then lay murdered aboard his Ketch by
Talbott then his prisoner whom they demanded, They
answered that as he bore his Majesties Commission it had
been but civill, and what they thought he was obleiged to, to
have made knowne the same to the Governmt in what part of
the Kings Dominions soever he should come for otherwise
any Pirate or other Robber might upon pretence of such Com-
mission come and doe what mischiefe they pleased in harbour,
and be gone again before any provision could be made to
suppress them, whereupon in some seemeing disturbance he
produced his Commission and Instructions, by all wch it did
not any waies appeare to them that he had that power given
him, which he assumed to himself, of comeing into this or any
other place or Governmt within his Majties Dominions, to har-
bour without giveing notice thereof and makeing the Gov-
ernmt acquainted with his Commission
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p. '39
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