Appendix to Council Proceedings, 1696—1729.  579

     I was inform'd that there were more persons in town guilty B. M.

    of Pyracye. I then Issued out my warrant for Apprehending Vol. 25.

    them alsoe but the Governr hearing of it sent to Claypool the

    Sherriff for me and asked me what I had to do to send my

    warrants out agt anybody without acquainting him of it, tell

    ing me he was Chief Justice & that I should Exhibite my In-

    formations before him if I had any, & not send my warrants

    up & down whifling to scare People (meaning the Pyrates) &

    further sayd tht those men you have Committed shall be

    brought to a speedy Tryall, but however let me hear now what

    you have to charge them with, for they shall not be kept in

    prison for your pleasure. I replyed the Kings Evidence was

    ready when a legall Court was appointed to trye them, but

    still refusing to acquaint him what I had to prove agt them, he

    called me Rascall, & bid me send my warrants out agt those

    men (meaning the Pyrates) if I dared, & that he had a good

    mind to committ me. I told him he was Governr & took his

    liberty to give me ill language, otherwise I would not take it,

    that was hard to be soe heared for Serving my King & Coun

    trey. He likewise ordered the Constables not to serve any

    more of my warrants as appeared afterwards by their refuse

    ing to serve them.

     The Governr being that day highly incens'd, writt the

    warrant n° 2 with his own hand, directed to the Sherriff of

    Philadelphia to disarme me. I liv'd five miles out of the

    town, and was often threatned by those Pyrates, & did at tht

    time ride arm'd for my defence, for they were at liberty.

    Curtis the Under sherriff accordingly served the warrant, &

    took from me my sword & pistolls in the town of Philadel

    phia, and left me to ride home without any arms, keeping

    them till the Pyrates were Gone.

     The Governr called his Councill & told them it was great

    pity those men in the Goale for Pyracy should lye there, and

    desired them to Consider of a way for their Tryall, they say'd

    they knew noe power sufficient in this Country to try them,

    neither would they be concerned in it, but if he pleas'd to

    ordr them to be sent aboard any of his Majtys frigotts there in

    Virginia or Maryland bound to England they would be at the

    charge of it, his answer was he did not want their advice for

    that (or words to that Effect) and dismissed them seemingly

    displeased; this Samll Carpenter John Custis & most of the

    Councill told me.

     At length the Lords Justices Proclamation received by Coll

    Nicholson wth orders to be forthwith sent to Governr Mark

    ham was delivered to him by the Maryland Post (to whom he

    gave a receipt for it) for apprehending Every's men & to be

    published immediately. About 2 hours after the Sherriff was