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]