Privateering and Piracy in the Colonial Period / Illustrative Documents

LA PAIX.

91. Orders of Governor Nicholson to County Officers. April 28, 1700.[1]

Virginia SS.

Kiquotan[2] Aprill 28th 1700 between
3 and 4 a Clock in the
afternoon.

Capt. John Aldred, Commander of his Maj'tes Ship Essex Prize,[3] hath just now given me an Account that there are 3 or 4 Ships or vessels in Lynhaven-bay,[4] who are supposed to be pyrates. I doe therefore in his Maj'tes Name command you that upon Sight hereof you give Notice to the Commanders of the Ships and vessels in York River that they take care of their Ships and vessels, and that you do Imediately Order the Militia in your parts to be ready, and you must fortwith dispatch an Express to the Colo. and Chief Officers of the Militia of Gloster, whom I also hereby Command in his Maj'tes Name to have their Militia ready, and they are forthwith to dispatch an Express to the Colo. or chief officers of Middlesex, whom I doe also in his Maj'tes Name Command to have their Militia ready, and they are to give Notice to the Commanders of ships and vessells in Rappahannock, that they may take care of their ships and vessels, and the officers of Middlesex are imediatly to send an Express to the Colo. and Chief officers of Lancaster, whom I do also in his Maj'tes Name command to have their Militia ready, and if any Ship or vessel be in their County, to give them Notice that they may take care of their ships and vessels, and the oficers of Lancaster are forthwith to send an Express to the Collo. or Chief officers of the Militia of Northumberland, whom I do also in his Maj'tes Name Command to have their Militia ready, and they are to give Notice to the Commanders of ships or vessels in their County that they take care of their ships and vessels, and the Colonel or Chief officers of Northumberland are imediatly to send an Express to the Colo. or Chief Officers of the Militia of Westmoreland, whom I doe also in his Maj'tes Name command to have their Militia ready, and if any Ship or vessel be in their County to give the Commanders Notice that they may take Care of their Ships and vessels. The Colonel or Chief officers of Northumberland I doe hereby Impower in his Maj'tes Name forthwith to press a good boat and able men and send an account to any of his Maj'tes officers either Military or Civill in his Maj'tes Province of Maryland, of these 3 or 4 ships or vessels being in Lynhaven bay, and that they are desired imediately to Dispatch an Express to his Excell'y Nathaniel Blakiston, Esqr., his Maj'tes Capt. Gen'll and Governor in Chief and Vice Admiral of his Maj'tes Province of Maryland. And I do in his Maj'tes Name Command all officers both Millitary and Civil to Obey and follow these my Commands, and all his Maj'tes Loveing Subjects are hereby required to pay all due Obedience to these my Commands and to be Aiding and Assisting what in them lyes to their officers both millitary and Civill, and I do further hereby command all officers both millitary and Civill, and all other his Maj'tes Loveing Subjects, Strictly to observe and put in Execution an Act Passed last Session of Assembly against Pyrates and privateers.[5] And I doe hereby promise to any person or persons who shall take or kill any Pyrate that shall belong to Either of these 3 or 4 ships or vessells now in Lyn haven bay, a reward of twenty pound sterling for Each pyrate that they shall either take or kill, And lastly I do in his Maj'tes Name Command all officers both Military and Civill and all his Maj'tes Loveing Subjects of this his Maj'tes most ancient and great Colony and Dominion of virginia, that they will give all Due Obedience and follow all these my Commands as they will answer the Contrary at their utmost perills. Given under my hand and lesser Seal at Arms the Day and year above written, in the twelfth year of the Reign of our Sovereign Lord William the third, by the grace of God of England, Scotland, France, and Ireland King, Defender of the faith, etc.

To Lieut Collo. Thomas Ballard
or Majr. William Buckner at York Town
who are to take a Copy hereof, and Dispatch it as Directed and Each Colonel or Chief officer is also to take a Copy hereof and dispatch it as Directed. Lieut. Collo. Thomas Ballard and Major Wm. Buckner are to send an Express to the Hon'ble Col. Edmd. Jenings, with a Copy of this, and they are likewise to send a Copy of this to Collo. Philip Ludwell, who is in his Maj'tes Name Commanded to have the Militia of James City ready by this Order of

Kiquotan, Ap'll 28th 1700

Whereas this Day I have received Informacion that there is three or four ships or vessels now riding at anchor in Lynhaven bay, suspected to be Pyrates or Privateers,

These are therefore in his Maj'tes Name to will and require you on Sight hereof to give Notice to all officers and Souldiers under your Comand to be in readiness with their Armes and amunition at one houres Warning as you Shall receive further Orders. given under my hand and Lesser Seal at Armes the Day and Year above written.

To Lieut. Collo. Miles Cary,
Comander in Chief of his
Maj'tes Militia in Warwick County.[6]...

Fr. Nicholson.

[1] Oxford, Bodleian Library, MS. Rawlinson C. 933, fol. 8; also in P.R.O., C.O. 5:1311, no. 16. The piracies of La Paix, inside the capes of Virginia, show how bold the pirates had become, between wars, and the story of her capture how real the danger. She was a Dutch ship, which, seized by pirates, had run quite a career of depredation in the West Indies before she and her consorts appeared in Lynnhaven Bay. Her whole story is told in Bruce, Institutional History of Virginia, II. 217-226, and there the history of her capture may be followed consecutively, but the documents here presented show vividly how the news of her villanies and of her fate came to the authorities. The trial of the pirates is in C.O. 5:1411, Public Record Office (transcript in the Library of Congress). Col. Francis Nicholson was now governing Virginia for the second time, 1698-1705. Being himself in Elizabeth City County, he addresses these orders to the commanders of the militia in York, the next county. Gloucester, Middlesex, Lancaster, Northumberland, and Westmoreland, named below, were, in succession, the maritime counties lying to the northward.

[2] Hampton.

[3] A guardship of the royal navy was in these days kept in Virginian waters. At the moment, it happened, there were two, the Essex Prize, 16 guns, which had been there since the spring of 1698 and was now about to return to England, and the Shoreham, Capt. William Passenger, a larger vessel which was to take her place, and which had arrived Apr. 10, 1700. The Essex Prize was careened at the moment, and not available; Beverley, History of Virginia, p. 94.

[4] A roadstead on the south side of the Chesapeake, between Cape Henry and Willoughby Spit.

[5] The act is in Hening, Statutes at Large of Virginia, III. 176-179, passed in May, 1699. It had been superseded by the act 11 and 12 Will. III. c. 7, passed in the session of Parliament just ended, that of Nov. 16, 1699-Apr. 11, 1700, but that fact would not yet be known in Virginia. On Apr. 28, 1699, the Virginia council had issued a proclamation against pirates, which is printed in the Virginia Magazine of History, VIII. 191.

[6] Warwick and James City lay westward, up the James River. A series of directions like those sent northward was also sent southward, to Norfolk, Princess Anne, Nansemond, and Isle of Wight.

92. Deposition of William Fletcher. May 2, 1700.[1]

The Deposition of William Fletcher, Master of the ship Barbadoes merchant of Leverpoole, Sworne the Second Day of May 1700, Saith

That about 30 Leagues from the Capes upon the 23th Day of Aprill A pink[2] of about 100 tons bound from Barbadoes to virginia, no great guns, and between 50 or 60 men, most french and Dutch and some Irish men[3] lately taken by Pyrates, Seized his ship, rifled her, and barberously used him and a Merchant belonging to him, by whom they had accot. that the Cheif Pirate[4] was about 24 Guns and about 140 Tons, and another about the same burthen but what force he could not learn, and a Sloope of Six Guns: in all 4 pirates. Designing to get some good Ships and more Company as they Could, [they favored (?)] this Deponant and used much kindness to his men and persuaded them to goe with them, which when they refused the Pirates used them Cruelly, cut away all his Masts, Sailes and Rigging and bolespritt,[5] and threw all over Board, tooke all their Candles, broke their Compases, and Disabled them soe as they Supposed the ship would perish and never give Intelligence: and all 4 of the Pirates would pass by them and in a way of Deriding ask why they Cut away their Masts, and soe left them, Supposeing they had left them nothing to help themselves, for they threw over Board a Spare topmast which lay upon the Deck, but by providence their foremast and Sailes and Rigging thereof hung by their Side unknown to the Pirates, wherewith they fitted Jewry Masts[6] and found a Compass under some old Oakcum, with which on Sunday night the 28th Day of Aprill they got into the Capes and are now in Accomack:[7] but took away all Letters, Papers, Bookes, Certificates and Cocquits,[8] and would not leave any manner of writings, soe as they have no thing to Shew, tooke away his Carpenter, and another man, and took away his Long boat, and Complained for want of Powder and tobacco, and beat this Depont. after they had Stript him, that if an Irishmen had not Interceeded he beleves they would have kild him with the flat of their Curtle-axes,[9] the Cruelty being used to them by french men, and saw no Englishmen, all which and much more barbarity this Depont. affirmeth to be truth

Wm. Fletcher.

Sworn the second Day
of May 1700 before
Cha. Scarburgh.

[1] Bodleian Library, MS. Rawlinson C. 933, f. 12. An enclosure in no. 93.

[2] A pink was a vessel having a narrow stern, bulging sides, and a flattish bottom.

[3] The crew of La Paix is reported in the trial to comprise three Dutchmen, one Swede, one Norwegian, one Englishman, the rest French or from the French islands.

[4] La Paix.

[5] Bowsprit.

[6] A jury-mast is a temporary mast set up as a substitute.

[7] On the Eastern Shore of Virginia, across the Chesapeake.

[8] A ship's cocket was a custom-house certificate that the merchandise had been duly entered and had paid duty.

[9] A perversion of "cutlasses".

93. Charles Scarburgh to Governor Nicholson. May 3, 1700.[1]

Excellent Sir

I have Enclosed sent you the Deposition of Wm. Fletcher, which I suppose may be a more particular accot. then any your Excell'y may receive. he ad's that the Pirates boasted much of their great strength by sea, and that there were sufficient of them to repell any force that would be sent against them, and used many enticements to perswade his men to goe with them: and I Doubt it will be impossible to secure the Navigation to and from this Country, and stop their Piraticall Invations, without a greater force. Capt. Fletcher haveing lost his Certificate, Cocquetts, and Register, cannot be entered and suffered to Load without your Excellys order. the ship hath used this Place many Years: and this Master in her last Year produced his Certificates, Cocquets, and Register, all which are in my booke of Entryes:[2] he hath the same Owners and [as?] the ships here. his Townsmen will refitt him and hath his Loading and Tobacco ready: and it would be severe if his misfortune should Doubly injure him. besides it would prejudice his Majestys revenue to forbid him to Load, therefore suppose if he gives Security to unload in England he may be permitted to trade: if your Excellency think fitt. I lay wind bound and [at (?)] Mr. Mekennies at Elizabeth River, and on Sunday last afternoon we saw a ship come in: and imediatly the Shoreham loosed and went to turn out of the River, when we Crossing over to Castle point[3] Mr. Makennie spoke with Capt. Passenger, who told him a Pirat had pursued that ship and taken others and desired we would not adventure into the Bay but lye at the Poynt. next morning early we saw Cap. Passenger on the back of the horshooe,[4] standing Down towards 3 ships in Lyn haven bay, who when he came up with them fired upon him, and the Pyrate imediately gott to sail and stood directly with Capt. Passenger, who got the weather gage, and Imediatly followed as sharp a Dispute as (I thinke) could be betwixt two ships, of which we were full spectators Dureing the whole engagement: and in my Judgment Capt. Passenger behaved himself with much Courage and good Conduct, haveing to Deal with an Enemy under a Desperate choice of killing or hanging, and I believe few men in their circumstances but would elect the first. the Conflict briskly maintained from soon after sunrise untill about 4 afternoon. on thursday May the second Fletcher gott in here and gave the inclosed accot.,[5] which I beleive much Imports his Maj'tes service and Interest, least thinking the Pirate aforesaid might be all, security would Endanger many ships. Fletcher further saies these are not of them who tooke Burgis last Year but others, and perhaps more may come upon the same accot. as these doe. I suppose your Excelly will think fitt to lay on a Gen'll Embargoe untill some Assureance that the Coast is Clear: and believe York River will be more Convenient then James River, in Regard ships must goe to the Cape to Clear the horshooe before they can gett into James River, and soe may be Endangered. I wait your Excellys Order and Directions and withall to favour me with a true relation of the success of the Action betwixt Capt. Passenger and the Pirate:[6] I humbly take leave to subscribe Right Excellent

Your Excellencies Faithful and
most Obliged servant
Cha. Scarburgh.

May 3d
1700

[1] Bodleian Library, MS. Rawlinson A. 271, f. 48. Col. Charles Scarburgh or Scarborough was the chief magnate of the Eastern Shore, and a member of the governor's council.

[2] Colonel Scarborough was also collector of customs in his district.

[3] Old Point Comfort? It is just possible that "Mr. Mekennie", p. 264, or "Mr. Makennie", here, may mean the celebrated pioneer of Presbyterianism, Rev. Francis Makemie, who is sometimes said to have lived in Lynnhaven parish before settling down in Accomac, on the Eastern Shore.

[4] The Horseshoe is a sandy shoal running from the shore north of Old Point Comfort eastwardly toward the channel between Cape Charles and Cape Henry.

[5] Doc. no. 92.

[6] For Captain Passenger's own account, see Cal. St. P. Col., 1700, p. 311. Governor Nicholson accompanied him in person, aboard the Shoreham. During most of the fight the two ships were within pistol-shot of each other. Finally the pirate, with all masts and sails shattered, drifted aground. Then, having laid a train to thirty barrels of gunpowder, he threatened to blow the ship up, and the governor, to save the lives of the forty or fifty English prisoners, gave quarter, promising to refer the pirates to the king's mercy if they should surrender quietly. So 111 of them were sent to England in the Essex Prize and the fleet of merchantmen convoyed by her, June 9. The trial was of three who were brought in without having been included in the surrender. It was held, in accordance with the Virginian act, by a commission of oyer and terminer, appointed by the governor. All three of them were hanged, although "One of them, Cornelius Frank, said, Must I be hanged that can speake all Languages"? Another curious passage in the trial deserves to be quoted: "Mr. Atty. Gen. Did the Pyrates talk of blowing their Shipp up? Ed. Ashfeild. Yes, they did, and went to prayers upon it." Nor less the picture, in the evidence of either this or an adjoining trial, of the pirate captain "with a gold chain around his neck, and a gold Tooth-picker hanging from it"—nouveau riche!

94. John and Adam Thorowgood to Captain Passenger. May 3, 1700.[1]

Sir

This Day 7 men which had been taken by a Pirate in a Pink without any great Guns, only small Armes, and very litle Ammunition, came on shore and informed us this News, which we thought convenient to Inform you, that you may act according as the Necessity requires. Also Adam Hayes, a man who lives on the Sea side, Informes us, he Yesterday saw a Pink and Brigantine rideing at Anchor in sight of his house, 8 or 10 miles to the soward of Cape Henry. the Brigantine he suppose came out of the Capes. about 3 of the Clock in the afternoon he saw a boat goe from on board the Brigantine, to the Pink. after that two boats were Passing and repassing from one vessel to the other till near night, at which time the Pink weighed and stood of to sea. the Brigantine remained there till within Night, but this morning Neither of them to be seen. The abovesaid 7 men informed us the Pink which took them hath but 16 men which belonged to the Pyrate and 9 Prisoners. they say she belonged (before taken) to Biddeford[2] and is an Extraordinary good sailer. they also tell us they were put into a Boat and turned a Drift, they think because they were to many to be kept on board, being then 16 men Prisoners, and now as abovesaid but 9. likewise on tuesday last they tooke a Bristol man and Cut down their Masts and Boltspritte and left them as a wreck in the sea, as also another they tooke and Cut a hole in her bottom and let her sink in the sea, and that they were Ordered by the Pyrate You took last munday[3] to Cruise in the Lattitude of the Capes till they came out to them. Sir, this is all we think materiall at present to be Informed you by

Your Humble servants

Jno. Thorowgood, sher.[4]
Adam Thorwgood

Princess Ann County
the 3d of May being
Fryday, 1700.

[1] Bodleian Library, MS. Rawlinson A. 272, f. 89. An enclosure in doc. no. 95. The Thorowgoods were substantial planters of Princess Anne County, dwelling near Lynnhaven Bay.

[2] In Devonshire, England.

[3] April 29. La Paix, Capt. Louis Guittar.

[4] Sheriff. Adam was sheriff the next year.

95. Benjamin Harrison, jr., to Governor Nicholson. May 4, 1700.[1]

May it Please your Excell'y,

Last night about six of the Clock the inclosed letter[2] came to Capn. Passengers hand whilest we were on board, and he desired me to transmitt it to your Excelly. he had not time to write wee being Just comeing away, and much Company with him. About the same time came in from sea the Brigantine mencioned in the inclosed letter, and the Master of gives a relacion pretty agreable to the letter in everything only he sayes there were about 50 men on board the Pinke when he was taken, so that 'tis Probable they will lye there, to watch for other ships. as far as I can understand by this Master the litle ship mencioned in the letter to be sunk was wheeler, who brought the Brandy and wine into York River; I am

your Excellys

most Obliged Humble serv't

B. Harrison Jnr

Williams Burgh, May 4, 1700, 10 at Night.

[1] Bodleian Library, MS. Rawlinson A. 272, f. 89 b. Benjamin Harrison, jr. ("Benjamin Harrison of Berkeley") was the son of a member of the council ("Benjamin Harrison of Surry") and was himself attorney-general of the colony. He was great-grandfather of President William Henry Harrison.

[2] Doc. no. 94.

96. Governor Nicholson to Captain Passenger. May 4, 1700.[1]

James Town, May 4, 1700,[2]
about Eleven a Clock at Night.

Capt. Wm. Passenger

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 shoreham 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, God willing, wind and weather permitts: but if the shoreham 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.

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 Essex 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 shore. And for so Doeing these things, this shall be your sufficient Warrant and Authority. given under my hand the Day and Year above written.

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

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

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

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

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 shore (who had no boat of his owne) or a line to me about it, Your Excellency had sooner Notice.

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. Passenger.

[1] Bodleian Library, MS. Rawlinson C. 933, f. 10. Col. Wilson was a justice of the peace for Elizabeth City County.

[2] Doc. no. 98.

[3] May 1.

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

Kiquotan

Satterday morning being aboard the man of Warr Shoreham 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.

[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.

99. Libel by Captain William Passenger. May 11, 1700.[1]

Virga. ss. Att the Court of Admiralty held at Hampton Town on Saturday 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 Passenger, Commander of his Maj'tes ship the shoreham, and Exhibited the following Libel in these Words

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 Passenger, Commander of his Majestyes ship the shoreham, 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 Shoreham, 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 Assault, 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 shoreham, but they being overcome and taken as aforesaid the aforesaid William Passenger, 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. Passenger.

[1] Bodleian Library, MS. Rawlinson A. 272, f. 91. A libel, in admiralty law, is a plaintiff's or claimant's document containing his allegations and instituting a suit—in this instance a prize suit.

[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. Assoc., Annual Report, 1911, I. 518.

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

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 God 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 Passengers 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.

Francis Warrell.
Joshua Atkinson.

Wm. Woolgar.
Peter Shaw.

Sworne to before the Court of Oyer and Terminer for Tryall of Pirates

Test, Peter Beverley Cl. Arr.[2]

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

[2] Clerk of arraignments.

101. Deposition of Joseph Man. [June 11, 1700.][1]

Virginia Sct.

Joseph Manns aged 30 yeares Examd: and Sworn saith

That on Sunday being the 28th day of April last past Capt. John Aldred, Comander of his Maj'tys Shipp the Essex Prize, came on Shoare to Collo. William Willson at Kyquotan and informed his Excellency Francis Nicholson, Esqr., his Maj'tys Lieut. and Governor Gen'll of Virginia, and Capt. Passenger, Comander of his Maj'tys Shipp the Shorham Galley, in the hearing of this depon't, that he had been on board of a Pink and was there informed that there was a Pirate lay in Lyn haven bay and that she made her Escape from them, upon which information soe as aforesaid given Capt. Passenger immediatly went on board his Maj'tys shipp the Shorham and got her under saile, designeing to goe downe in the night, and this depon't further saith that upon the aforesaid 28th day of April in the Evening his Excellency, accompaned with Capt. John Aldred, Peter Heyman, Esqr.,[2] and this depon't, went on board his Maj'ty's ship the Shorham. the next morning about six of the Clock wee came up with the Pirate (which this depon't since understands is called the La Paix, the Captaines name said to be Lewis Guittar). we threw abroad the Kings Jack, flagg and Ancient,[3] the Pirate hoisted up blood red Colloures and refused to submit, whereupon wee immediatly Engaged with them and Continued the fight till about four a Clock in the afternoone. Peter Heyman, Esqr., standing on the left hand of this depon't within a foot of him, made severall shots into the Pirates Shipp, and about one or two of the Clock was by a shott from the Pirates shipp unhappily slaine. about four in the afternoone the Pirate struck his bloody Collours and hoisted up a flagg of truce and then fired no more Gunns, whereupon Capt. Passenger Comanded a boat and hands to board the Pirate, who brought back with them about 124 Pirates Prisoners, and it was supposed there was about 25 or 30 kill'd in the fight and that about 40 or 50 English Prisoners were redeemed, whome the Pirate had taken. And this deponant Yet further saith that two of the Pirates men, being left on board the shipp called the Nicholson, Robt. Lurten Master, which was taken by the Pirates the 28th of April, were upon the coming up of his Maj'tys ship the Shorham seized and brought on board us as prisoners, that this deponant was on board the Shorham Galley all the time of the Engagement upon the quarter deck near to his Excellency, and saw all the Transactions, and further says not.

Joseph Man.

Sworne to before the Court for tryall of Pirates

Test, Peter Beverley C. Arr.
A true copy, C.C. Thacker C. Sec. Off.[4]

[1] Bodleian Library, MS. Rawlinson A. 271, f. 44b. Man, an able seaman, was afterward taken over to England to testify against the pirates, and was granted £60 by the Privy Council for his services in the fight, besides five months' pay promised him by Nicholson. Acts P.C. Col., II. 360.

[2] Heyman was collector of customs for the lower district of James River. Gov. Nicholson caused a tombstone to be set in commemoration of him, with a laudatory inscription which is printed in the Southern Literary Messenger, IX. 695.

[3] Ensign. See doc. no. 33, note 15.

[4] Clerk in the secretary's office. The name of Chicheley Corbin Thacker deserves a comment, for double Christian names were at that period very rare. "In forty-nine church registers out of fifty, throughout the length and breadth of England, there will not be found a single instance of a double Christian name previous to the year 1700." Bardsley, Curiosities of Puritan Nomenclature, p. 226.

102. Report of Dr. George Bramston. November 27, 1702.[1]

Doctors Commons,[2] November 27th, 1702.

Sir,

The matter in yours of the 18th instant being of a Nature That was little knowne to Me, It seemed proper to take longer time to consider thereof, than otherwise would have been decent, for the Information of His Royall Highness as to the Power of the Vice-Admiralls of the Forreigne Plantations.

I humbly conceive it plaine, That they can have no Authority to condemne Prizes, in their Commissions from the Lord Admirall,[3] for He has none in that Patent which constitutes Him Lord Admirall of England.

And you may please to call to mind, that the Power by which Ships are adjudged Prize, Proceeds from a Commission for that purpose particularly granted, under the Great Seale, to his Royall Highness.

And as to what may be most proper for the condemning of Prizes in those parts, I humbly conceive it cannot be Regularly done, but by an Authority grounded upon a Commission under the Broad Seale.

All which I humbly submitt with the Assurance That I am

Sir
Your must Humble Servant

Geo. Bramston.

To be sent to Lord Nottingham[4] if it came from him.

[1] Public Record Office, Admiralty 1:3666, p. 162. The writer of this report, George Bramston, LL.D., was a notable practitioner of the civil law, and from 1702 to 1710 was master of Trinity Hall, Cambridge. His uncle writes of him in his autobiography, a few years before this, "George is doctor of law, ... fellow of Trinity Hall, and is admitted at the Commons, and lives there in some practice, but very good repute." Autobiography of Sir John Bramston, p. 29. To whom the report was nominally addressed is not clear, but it was intended indirectly for the enlightenment of Prince George of Denmark, consort of Queen Anne, whose wifely partiality had in May of this year raised him to the office of Lord High Admiral. As such, he nominally presided over the High Court of Admiralty; finding the need of having its activities supplemented by additional prize courts in the colonies, and instructed by this and similar reports, he on Dec. 7 applied for authority under the great seal to commission colonial governors (vice-admirals) to hold prize courts.

[2] Doctors' Commons (see ch. VIII. of Sketches by Boz and ch. XXV. of David Copperfield), near St. Paul's, was the headquarters of the doctors of the civil law and of the admiralty and other civil-law courts.

[3] A typical commission of a vice-admiral (Barbados, 1667) may be seen in the Publications of the Colonial Society of Massachusetts, II. 187-198.

[4] The Earl of Nottingham was one of the two secretaries of state.

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