_100. Deposition of William Woolgar and Others. [June 11, 1700.]_[1]
[Footnote 1: Bodleian Library, MS. Rawlinson A. 271, f. 40.]
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. WM. WOOLGAR. JOSHUA ATKINSON. PETER SHAW.
Sworne to before the Court of Oyer and Terminer for Tryall of Pirates
_101. Deposition of Joseph Man. [June 11, 1700.]_[1]
[Footnote 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.]
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.