Davis and the "Delight" arrived in the West Indies in early 1688 and eventually arrived in Philadelphia in May. Although he and Lionel Wafer and John Hingson would be arrested on 22 June 1688 for piracy in Virginia for two years as they crossed Port Comfort to Elizabeth River. On 26 June 1688 at his trial, Davis denied ever being a privateer, saying he had been a resident of Jamaica for seven years. A black servant, Peter Cloise contradicted the statement on 16 August 1688; Davis petitioned under a King James II Proclamation of 1685 for Privateering. In October 1686, Lord Sunderland issued a Council of Trade and Plantations instruction for their prosecution - but they may have received a royal pardon.