The Upper House, 31

Majestys Raigne being Transmitted hither as Yett, and there-
fore since the Peti^r is really reduced to great Poverty by becom-
ing bound as in his Petition sett forth and seems to be within
the Equitable Construction of such Law in favour of Liberty.
Resolved It be recomended to the house of Delegates to
give Leave to bring in a Bill Impowering two Comission^rs
to Call his Creditors together and Examine him upon Oath, &
that on their Certificate that he has fairly discovered and
delivered up his whole Estate, he may be discharged from the
Imprisonment
The Councill Adjourned for an hour

Original
Journal.

Post Meridiem

The Council Sate Present as in the Morning Save Coll
Holland & M^r Sanders.
Maj^r Josiah Wilson high Sherriff of Ann Arundell County
brought before his Ex^ncy and the Boarde John Spry and Thomas
Brereton the first Pretended to be Skipper of the Sloope Mar-
garetts Industry late arrived from Elizabeth River in Virginia,
and the other a Saylor shipped on board her.
The said Spry & Brereton being both of them Examined a
part Sprye Discribed Richard Clarke who went by the name
of Robert Garrett in Virginia and owned that he was Imployed
by him. Brereton declared he knew nothing of Richard Clarke
but was Ship^t on board the said Sloope by one Cartwright at
Norfolk Towne in Virginia
Neither of the Said Persons Offering to make an Ingenious
Confession but trifling with his Ex^ncy and the Board were
ordered to be Comitted to the Custody of the Sherr of Ann
Arundell County untill his Ex and the Boarde had further
Leisure to Examine them.
His Ex^ncy and this Boarde Collecting by John Sprys Exami-
nation that Richard Clarke Stayed at Little Wiccocomico in
Virginia Expecting the Returne of the Sloope It was Debated
whether it might not be adviseable to send to Virginia on that
Occasion and whether by Land or Water & unto whom there.

p. 50

And resolved that a Messenger be sent by Land with Request
to the honble the President of her Majestys Councill there to
Issue his Warr^t and take Effectuall Care to have Richard
Clarke apprehended and delivered up to this Government for
the Quiett and Ease thereof. And that a Letter be Prepared
this night wherein his Ex^ncy will be pleased to Acquaint the
President of Virginia that Col Nicholson when Governo^r there
had formerly Issued a Proclamation for apprehending the said
Richard Clarke And that it be Notifyed in the Letter that
Clarke haunts Cartewrights at the Rose & Crowne in Norfolk

p. 51