240 Proceedings of the Council of Maryland, 1708.

     Lib. C. B.  him, And not restored untill he gives his Excy and the

                 Board the Satisfaction desired.

                   Upon Applycation of Major Iosiah Wilson Serjeant at

                 Armes that reasonable Fees may be settled upon him for

                 the Execution of his Office It was resolved that fifty pound

         p. 118  of Tobo be allowed him for Serving an Attachment of Con-

                 tempt and Sixty pounds of Tobo for Comitment and Sixty

                 pounds of Tobacco for releasemt and 30 ls tobo p diem for

                 Imprisonment are reasonable Fees to be taken by the said

                 Officer.

                       Att a Councill held the 3d

                           day of Aprill 1708.

                                 Present

                         His Excy the Governour

                               Colo William Holland   Mr Iustie Smith

                  The honble   Colo Thomas Ennalls          &

                               Mr Saml Young          Mr Justice Lloyd

                   Mr Thomas Tench president of her Matys Councill being

                 dead and not above Six of that Board remaining Colo John

                 Contee was Admitted and Sworne of the Councill and tooke

                 his place at the Board.

                   The proceedings of the last Councill Relating to Richard

                 Clarke were read to the Gentn Present and approved of

                 by them.

                   His Excy was pleased to ask the Gentlemen present

                 whither the said Clarke being attainted of high Treason and

                 Fellony ought to have any day in Court given him to Which

                 her Majestys Councill and the Justices of the provinciall

         p. 119  Court do say that he ought not to have any. next whether

                 he should be Executed and in what time to which the Boarde

                 Unanimously advise he be Executed pursuant to the Tenour

                 of the Act of Assembly against him and that on Fryday next

                 pursuant to his Excys direction to the Sherriff of Ann Arun-

                 dell County, Exprest in a Warrant for his Execution under

                 the Great Seale and Signed by his Excy the Governour.

                   Then was read the Deposition of Capt Thomas Larkin

                 taken yesterday before his EXUCY Col Ennalls and Esqr Young

                 as followeth Vizt The said Thomas Larkin being sworne

                 upon the holy Evangelists of Alimighty God Saith that on

                 Tuesday or Wednesday night the second or third day of

                 March the Depont happening into the Court house at Gun

                 powder River in Baltemore County. A certain John Gay

                 saying to this Depont what have you got Clarke among you