_96. Governor Nicholson to Captain Pa.s.senger. May 4, 1700._[1]

[Footnote 1: Bodleian Library, MS. Rawlinson A. 272, f. 90.]

JAMES TOWN, May 4, 1700,[2]

about Eleven a Clock at Night.

[Footnote 2: The seat of government had just been removed from Jamestown to the new capital, Williamsburg.]

_Capt. Wm. Pa.s.senger_

_Sir_,

Just now I received a letter from my friend Mr. Benja. Harrison, with an inclosed one to you from the two Mr. Thorowgoods, a Copy of which I here send you.[3] if his Maj'tes ship the _sh.o.r.eham_ under your Command be at present capable of goeing to sea to look after the Pirates in the Pink, etc., I would have you doe it as soon as, G.o.d willing, wind and weather permitts: but if the _sh.o.r.eham_ be not in a sailing Condicion, then you may, if you think Convenient, sent your boat or boats to looke after the said Pyrates, in order Either to take or burn the said Pink. And I do hereby Authorize and impower you to stop all ships and vessells from goeing out of the Capes, and Order them up to Kiquetan.

[Footnote 3: Docs. no. 94 and no. 95.]

If you cannot be here your Selfe Either on Monday or tuesday yet I would have Capt. John Aldred, Commander of his Maj'tes Ship the _Ess.e.x Prize_, be here; in the Interim remain

Your most affectionate Friend

If you conceive it proper, You may send the Prize which you have taken either to take, sinke, or burn the Pink on board which are the Pyrates. In Order thereunto You may Put what men and Guns on board, You think Necessary.

I hope you have secured for his Maj'tes Service the seamen which belong to Capt. Harrison, etc., and you will do the like by those, which Mr. Thorowgood sayes come on sh.o.r.e. And for so Doeing these things, this shall be your sufficient Warrant and Authority. given under my hand the Day and Year above written.

_97. William Wilson to Governor Nicholson. May 5, 1700._[1]

[Footnote 1: Bodleian Library, MS. Rawlinson C. 933, f. 10. Col.

Wilson was a justice of the peace for Elizabeth City County.]

_May it please your Excelly_

I have here enclosed a few lines[2] Concerning a Brigantine that sailed out of the Capes last wednesday.[3] it should been sent you before this. I had it this Day from Capt. Cole at Church. If the Capt.

had sent the Master on sh.o.r.e (who had no boat of his owne) or a line to me about it, Your Excellency had sooner Notice.

[Footnote 2: Doc. no. 98.]

[Footnote 3: May 1.]

The french Prisoners are equally Divided amongst the three Capts., who have them under Guard. the wounded men att John Smiths died last Night. Suppose this Pink is that that was taken a coming from Barbadoes, and the longer he lyes the more harme he do and gather more strength, which is all that offers from

Your Excellys humble servt.

to Command

WM. WILSON.

I did designe to have sent this by an Express, but there came one from your Excell'y with a Letter to Capt. Pa.s.senger.

_98. Captain Michael Cole to William Wilson. May 5, 1700._[1]

[Footnote 1: Bodleian Library, _ibid._ Capt. Michael Cole was master of the _Friends' Adventure_; he had come into James River on his way from South Carolina to London.]

KIQUOTAN

Satterday morning being aboard the man of Warr _Sh.o.r.eham_ there found the Master of Brigantine which came in here the Evening before, who sayes that on thursday morning last he was taken by the Pyrates about 2 leagues Southward the Cape Henry, in a Pink, who tooke from him his Sailes, Masts, and provisions, and all his Necessaries and Cut of[f]

the head of his Rudder as low down as they Could, to disable him of getting in. his fore Yard they also tooke from him. he likewise sayes that they spoke some English aboard and that they are about 40 or 50 strong besides the Prisoners, but they would not suffer him to Speake to any of them, but was threatned to be Shot for Speaking only to one and asked (and that softly) what are you, who answered, I am a Carpenter who belonged to a vessell of about 110 Tons loaded in York River which they sunk. when they left him they stood NE. and believes they Intend of the Coast as soone as they meet a vessell which they have an Accot. of, Dayly Expected here from Guinea.

MICH'LL COLE.

May 5, 1700.

_99. Libel by Captain William Pa.s.senger. May 11, 1700._[1]

[Footnote 1: Bodleian Library, MS. Rawlinson A. 272, f. 91. A libel, in admiralty law, is a plaintiff's or claimant's doc.u.ment containing his allegations and inst.i.tuting a suit--in this instance a prize suit.]

Virga. ss. Att the Court of Admiralty held at Hampton Town on Sat.u.r.day the 11th day of May in the 12th year of the Reign of our Sovereign Lord William the third, of England, Scotland, France and Ireland King, Defender of the faith, etc., annoq Domini 1700,

Before the Hono'ble Edward Hill, Esqr., Judge of the sd Court,[2] came Capt. William Pa.s.senger, Commander of his Maj'tes ship the _sh.o.r.eham_, and Exhibited the following Libel in these Words

[Footnote 2: A court of vice-admiralty was first erected in Virginia in 1698, and Hill was the first judge appointed. He was commissioned (Mar. 8, 1698) by Governor Andros, by virtue of the latter's commission (June 26, 1697) from the High Court of Admiralty in England; so say the Virginia council, in _Va. Mag. Hist._, XXII. 245, but the record of this latter commission in London dates it Apr. 29.

Am. Hist. a.s.soc., _Annual Report_, 1911, I. 518.]

Virg'a. ss. May the 11th in the 12th year of his Maj'tes Reign, Annoq Domini 1700.

To the Hon'ble Court of Admiralty:

William Pa.s.senger, Commander of his Majestyes ship the _sh.o.r.eham_, as well for and in behalf of his Majesty as for and in behalfe of himself, officers and Company on Board the said ship,

Humbly gives this Court to understand and be Informed that on the 29th Day of Aprill last Past, in his Maj'tyes said ship the _Sh.o.r.eham_, within the Cape of Virga: he engaged, fought and tooke a Company of Pirates or sea Robbers which were in a ship called the _Peace_, of about two hundred tons Burthen, Mounted with twenty Gunns, which said Company of Pyrates or sea Robbers in the aforesaid ship for severall dayes before their being soe taken did in an Open, Warlike, Hostile, and Piraticall manner a.s.sault, Attack, Fight, take, Robb, Burn, and spoile severall Merchant ships belonging to the subjects of our sovereign Lord the King (Vizt.)

A Pinke Called the _Baltimore_, John Loveday Master, A Sloope Called the _George_, Joseph Forest Master, A Ship Called the _Pensylvania Merchant_, Samuell Harrison Master, A Ship Called the _Indyan King_, Edward Whitaker Master, A Ship Called the _Nicholson_, Robert Lurting Master, who in a Peaceable and Lawfull manner were comeing into and goeing out of the aforesaid Cape of Virga. with their severall Goods and Merchandizes, etc. And also the aforesaid Company of Pyrates or sea Robbers, in the aforesaid ship, at and upon the aforesaid time and Place, in a Hostile and Warlike manner, did fight his Maj'tes said ship the _sh.o.r.eham_, but they being overcome and taken as aforesaid the aforesaid William Pa.s.senger, in behalfe as aforesaid, prays Condemnation of the aforesaid Pirats ship Called the _Peace_, with all her Gunns, Ammunition, tackle, furniture, and apparell, to be devided and Proportioned according to the Rules and Orders of the sea, in such Cases made and provided, etc.

W. Pa.s.sENGER.

_100. Deposition of William Woolgar and Others. [June 11, 1700.]_[1]

[Footnote 1: Bodleian Library, MS. Rawlinson A. 271, f. 40.]

Virginia sct.

William Woolgar, Peter Shaw, Francis Warrell and Joshua Atkinson Examined and Sworne say

That on or about the 28th April in the year of our Lord G.o.d One Thousand seaven hundred, being sailers on board the _Indian King_ bound for London, about three or four Leagues from Cape Henry they were attack'd and taken by a french Pirate of twenty Gunns by some called _La Paix_, who Comanded the Master of the said _Indian King_ on Board the Pirate, who upon the same hoisted out his Yaul and went a board them with 4 of his men, upon which severall of the Pirates came on board the _Indian King_ with the aforesaid Yaul and return'd her on board the Pirate with the mate, Doctor and sundry Pa.s.sengers of the shipp aforesaid. the said Deponants further say that the Pirate aforesaid, with their shipp and another small ship taken by them, came into Lyn haven, where they Attack'd and took another Shipp, whose Comander they have since understood to be called Robert Lurten, and came all to an anchor in Lyn haven bay, where they plundred the said _Indian King_ of some of her provisions and rigging with other things.

And that on the 29th in the morning their came out of James River his Maj'tys Shipp the _Shorham_, which Engaged the said Pirate about 7 a Clock in the morning and forced them to surrender about 4 or 5 a Clock in the afternoon, there being two of the said Depon'ts (to witt) William Woolgar and Peter Shaw on board the _Shorham_ the most part of the Engagement. And further the said Deponants say not.