POVs: Rogers's, Eleanor's, Max's, (likely Anne's). Spoiler alert: S4, refers canon S1-S3 plot.

At the end of each chapter I share notes of references, quotes, allusions or historical facts. You're free to skip them. It's added for those who enjoy such tidbits.

Now that Woodes Rogers has a colonial court he empowers it to pronounce divorces with the right to remarry, independently from England's Church Council. Commodore Chamberlain and the routed British surviving forces return broken. Max makes a deal with the governor. Eleanor and Woodes discuss how to proceed from hereon.

Prologue

"Lord governor," said Pastor Lambrick as he looked up from the legal bill that Rogers and his lawyers had drawn up. "The Church of England only allows divorce in the case of adultery, and the people in question cannot remarry!"

Rogers flexed his jaw annoyed, but he had come prepared for this. "Judge Adams could you please explain it to Pastor Lambrick."

The copious man said, "Massachusetts Bay approved of a judicially decreed divorce in 1639. Pennsylvania and New Haven have their own courts assess such cases, without involving Whitehall or the Church Council in England."

"But –"

"As governor I can empower my court in these matters," Said Rogers. "Many of the men now pardoned were once forced onto the account by the pirates. These men have wives somewhere in England or Ireland, but have not seen them for many years. Instead they formed a relation here in Nassau, they might even have children here. Now, I could drag them before court and convict them for adultery or send them packing to their English wives. In doing so, I run the risk of losing them to the rebels either here or at sea. Or I can regulate their domestic situation. At the very least their second wives will convince them not to run off to this Long John Silver."

Judge Adams said, "It would also legitimize any children they might have. Bastards are non-citizens and are the parish's responsibility to provide for. We gain citizens and save money if we legalize them."

Rogers leaned on his elbows. "Indeed." He smiled reassuringly to the pastor. "The bill still adheres to canon law insofar that only adultery or non- adherence to marriage duties are grounds for divorce. You would not have to declare the divorces. You only have to marry them and Christen their children." He coughed. "Unless you have further ethical objections? If so, I will be obliged to invite another clergyman to Nassau."

Eyes wide, pastor Lambrick nodded and shook his head simultaneously all at once. "That will not be necessary, my lord. I-I see your point completely. Yes, yes. It would improve Christian morality amongst the people of Nassau."

Rogers heaved a deep breath and smiled contently. "Thank you, pastor." Rogers pushed a file in the direction of Judge Adams. "My Lord Adams, this will be your first divorce case."

The judge lifted his eyebrows, discreetly opened the file, peeked inside and rapidly closed it again. "I will give it my utmost priority."

The governor smiled politely. "It would be greatly appreciated."

Just then Lieutenant Perkins intruded on the meeting. "My Lord, the fleet has been sighted."

"Gentlemen," said Rogers to the judge and pastor, while he gestured his goodbye to them. As they filed out, he took his cane and got up. "What was the first impression?" he asked Perkins.

"Heavily battered, sir."

Rogers sighed. "Well, let us hope that they return victorious nonetheless."

But as he went below, he soon learned of the defeat. Through the main gate, patched up regulars limped by, carrying either dangerously wounded comrades or the dead, with the haunted empty look of defeat. Rogers felt his knees buckle at the sight of the throng of survivors. Coming up behind him, Eleanor rushed to his side, grabbing his hand. He poured strength from that for a moment, before letting go. "I have to be with them," he rasped. "They fought and lost for me."

She closed her eyes and nodded. "I will be here when you return."

He stepped out into the sunlight and for a fleeting glance met Max's wide open eyes as she stared at the procession of the slain. Rogers joined his men, walking side by side with them to the sick bay. Some men stared ahead of themselves into nothingness, hardly noticing him. Others did recognize him, and a glint of fire sparked in their eyes as they saw their own struggle reflected in his healing cuts and scars, his hollow cheeks and recovering frame. These men realized they had battled in hell and carnage for a man who would have fought alongside them if he could have, a man who cared, a man who had gone before them, fighting Charles Vane with his bare hands himself. These men gained a look of determination as they passed Vane's gibbet.

Rogers spent the rest of the day at the sick bay, listening to them, hearing story after story. One man recounted how one mate of his was shot in the head as they jumped out of the launches, and his other mate's leg had been blown off by gunpowder laid out at the shore. But he had done his duty and his mortar shot had blasted a portion of the barricades to splinters. "Killed three of those motherfuckers, sir. I did. And sent the rest running, before I was shot." He had been lucky. Somehow the bullet that had entered his eye had ricocheted against his socket and never entered his brain.

"Crushed by debris, sir," said a sailor who's lower leg was amputated. It reeked of putrid. "A fleet of seven ships appeared from around the bend, flying the black. I heard it was Blackbeard and that Calico Jack. We gunned them to keep them at a distance. It was easy with their broadside to us. And then one of our civilian ships in the line, the Orion, gunned us with its stern chasers."

A massive captain of the regulars held the hand of his unconscious comrade. "It won't be the head wound that will do him in," the man said. "It's the knife wound in his gut. I carried him all the way from the maroon settlement to the beach on my back."

Rogers looked closer at the man. He had learned their names by heart on the voyage to Nassau from England. Men felt empowered when their superior could address them by name. "What happened, Captain Berringer."

A spark ignited in Berringer's eyes. "An ambush, sir. Captain Hornigold cautioned against going after the bloody devils when they retreated. But up stepped one of the pirates hours later, saying he had enough of Flint and he would lead us to the settlement and the cache."

"And Hornigold believed him?"

"Not without some evidence first, sir. Hornigold handed him a gun and asked him to shoot one of the devils we captured on the beach – his former crewmember. The bastard shot him without blinking an eye. So, Hornigold and his vanguard followed him to the settlement and only then had us called up. Just as we arrived, Hornigold shouted it was a trap. That's when they jumped us from under the ground and every bush. Less than half of us made it out of that hellhole back alive. And we lost more men while being gunned in the sloops to get back to the ships." He stood and faced Rogers. "But I can assure you, sir, they will pay for that. We went in green, but came out wiser."

Rogers appraised the man. He had no scratch on him. "And Hornigold?"

"Him and his vanguard are dead, sir." And then the man looked at him. Really looked at Rogers, and asked, "Has there been any trouble here in our absence?"

"There are a few insurgents, writing threat notes to those who took the pardon, making demands. Captain Throckmorton was one of them. They hanged him yesterday. I declared martial law."

Captain Berringer touted his lips. His face hardened and he straightened himself. "I will report for duty at once, sir."

Rogers nodded and smiled. "You are a good man, Captain Berringer."

"I don't know if I am, but I am committed."

When finally, Rogers left the sick bay, he nearly bumped into the commodore. "Miss Guthrie informed me I could find you here, my lord."

Rogers inclined his head and feigned a little smile. "You found me, Commodore." He gestured at the street. "Join me."

The commodore's account was stripped of all the color and feeling of the soldiers' stories, a summation of casualties, estimation of damage and ship loss. The Orion had been taken while the HMS Shark and Hornigold's Royal Lion had been destroyed. The HMS Millford and HMS Rose were in need of repairs. Over a hundred regulars had died in the woods and the beach, at least as many were wounded. Hornigold's men had been nearly wiped out clean, and a third of the plantations' militia was lost. Due to one battle and illness, Rogers' forces had been reduced to half it had been – over seven hundred men. That is at least the double of Athens' three hundred.

"If Miss Guthrie had not sent Captain Hornigold and the civilian ships along, we would have won," said Chamberlain. "Hornigold fell for the trap and it was a civilian ship led by untrained men that allowed itself to be overrun by a pirate vanguard to gun us from our own line at close range."

"Thank you, Commodore," said Rogers as they arrived at the mansion. "See to the repairs immediately. I presume you have already left a report for me in my office?"

"Indeed, my lord."

Max awaited him in his office. And he knew her reasons for coming when he saw the note she held in her hands. It had a black spot. "My lord, this was delivered to Khar, one of Throckmorton's men."

Rogers picked it up and read it. "I defeated the governor's forces and fleet and reckoned with the traitor Captain Hornigold and your Captain Throckmorton. Join them, or repent. Have Captain Vane removed from the gibbet by nightfall. Yours truly, Long John Silver." Rogers pressed his lips together. With the openly seen defeat of his men in the street, more men would choose to join the rebels. Meanwhile, Eleanor had decreed to have Vane removed only by nightfall tomorrow. Even if Rogers did not remove Vane from the gibbet today, it would look like he gave into it by tomorrow, especially if anything happened to Khar. "What did Khar have to say about this?"

"He cursed them for killing his captain yesterday and challenged them to try."

"Where is he now?"

"He took Mrs. Underhill and her daughter back to the interior in a skiff," Max said. Rogers cursed under his breath and crumpled the letter. "And there is something else. I checked my books and inventories. It turned out that I owned more than originally thought – arms, gunpowder, ammunition. Since I did not buy or sell stolen cargo, after I bought the consortium's shares, I was unaware of a certain storage, that Mr. Scott had not liquidated as he did for the warehouses. However, when I inspected the storage itself, it was empty."

He frowned. "What do you mean?"

"It appears that Mr. Scott used my storage, Eleanor's storage, to set aside supplies for the maroons. He has been unaccounted for since your arrival in the bay," Max said. Eleanor had told him about Hornigold's suspicions about Mr. Scott. She had tried to mask her pain of knowing her lifelong mentor had knowingly chosen to fight her, when she told him last night. "And yet, my storage was not emptied of these supplies when you secured Nassau. It was done on the night of Mr. Dufresne's murder. The books and the murder were a diversion, my lord, to make us look one way, while the pirates pillaged it for arms."

"You know this?"

"I have made inquiries via those I trust, yes," she said.

Rogers chuckled. "And I suppose you do not have any intention of giving up the names of your sources."

Max shook her head. "No, my lord. It seems to me this is a point where the resistance can gain momentum. Would it not be better if my sources can gain their trust, know their plans, their movements? I could pass on the information to you for your benefit." Max licked her lips and shifted on the chair. "It would therefore be better if you lift me from my military escort. Allow the rebels to feel safe and complacent in my tavern and brothel. It would only help me to gain more information and allow them to make mistakes. But if I am under constant protection by your personnel, I fear it would only make them more secretive with the real information you need. I have my own bodyguards, my lord."

Rogers dropped his hand on the desk. He smiled at Max. "Well played."

"You agree to this?"

"Yes," he said. He lifted his eyebrows at her. "But I will need results."

Max stood, far more relaxed than when he entered. "You will."

Next, he asked for Perkins to gather a small group of regulars and had them sent to the Underhill estate immediately, with the orders to seek out Khar as well as relay the information to the family that the maroons had been supplied from Nassau by Mr. Scott. When they were gone, he took Chamberlain's report and read it, standing by the window.

The door opened gently and Eleanor stepped inside, lingering at the doorway. She bowed her head and sagged her shoulders. "It's all my fault. I should have sent more, or wait until you were recovered. And Vane's hanging -"

"No more of this, Eleanor," he said. He extended his hand to her. She came to him and took his. He lifted her chin so he could look into her sad, blue eyes. "You sent all that you could send. Captain Hornigold was as cautious as any man could be. I've listened to the men. He realized it was a trap, shortly before Flint and his men jumped them, and ordered a retreat. Without Hornigold, without your foresight, we would have lost more. I have no doubt on that."

"But the Orion."

Rogers shook his head. "Chamberlain is a fool to believe the HMS Millford could not have been boarded and overrun in a similar manner. Every one of them made the mistake to only have eyes for Teach's fleet, not their backs." He smiled at her. "Not every battle is winnable, Eleanor, and sometimes there are only bad options when intelligent men are committed to war against all reason." He stroked her chin with his thumb. "In such a situation we have only one option left – win the war."

"What will you do?"

Rogers stepped back and walked to his office window from where he could see Charles Vane's display in the gibbet. Tomorrow it would be gone. He looked forward to it, but he refused to go against Eleanor's decree. "What will I do?" Were I a Greek, I could build temples, offer sacrifices and plead with the Pythoness to advise me on whether I could defeat the Persians. No doubt she would answer me in a double tongue and tell me I could destroy an empire, without me knowing whether she means the pirates or the British. He did not answer her that. Instead he said, "If people consider joining the rebels out of fear of Long John Silver, then I will have to make them fear us more. If the rebels hate you for hanging Vane, I will make them hate me more. We mount our defenses of the fortress, to prepare for an attack from either Spain or the pirate fleet. I will award those who provide us with information and have anyone found colluding with the enemy tried for treason."

Eleanor stepped up beside him and caressed his shoulder. It gentled the hardened feelings in him. He turned his head halfway to take in the golden halo of her hair. "Do you think Flint and Teach will attack soon?" she asked.

"Not as long as we still have a considerable naval fleet in the bay. They halved my forces, but they are still outnumbered. It would be suicidal for them to attack at this moment."

"And Spain?"

Rogers sighed. Yes, what about Spain? "They have not made a move yet. I think Spain hopes the pirates will weaken us further. If that is true, neither will make a move before the other, and that buys us time."

Eleanor frowned. "In the meantime our commerce will fall flat. With the pirates having a fleet so nearby they can harass merchant ships going or coming."

Rogers raised his eyebrows at her perceptiveness. Though it should not have surprised him as much anymore. Commerce was indeed a problem. He needed money to invest in the fort and he needed to pay off loans. "Well, Chamberlain will have to make himself useful in keeping the nearby waters clear and defend any commercial vessel with an escort."

Eleanor moved away from him and paced his office. "Flint will require supplies as well for his small army."

"Yes, and Max just confirmed to me that Mr. Scott embezzled you to supply the maroons all those years."

Eleanor halted mid-step. "I suspected as much." She shook her head. "Regardless, their island is effectively cut off from Nassau supplies. They will have to hunt cargo." She began her pacing again. "But they lack experienced captains. On open sea, we might lure those out and let the naval captains overtake them. At least we can reduce the size of their fleet that way."

Rogers stepped up to her and pulled her to him, nodding. "We took a blow, but we are not defeated, nor are we without resources. And since I'm to have the smartest wife in the New World we might win it."

Eleanor blushed and put her arms around his shoulders. "I must confess I am puzzled how I can become your wife, when you are already married."

"I gave our court the power to pronounce divorces with the right to remarry and filed my case with Judge Adams."

Eleanor frowned. "What happens to Sarah then?"

"Well, she would be free to remarry herself, if she wants, or join her brother's home. She hates living under my mother's roof. So, I expect her to welcome the freedom to do with her life as she wants, especially since we separated years ago."

"And your children?"

He pulled her closer. "They will remain under my mother's custody, but naturally she may visit them."

"You won't send for them?"

Rogers shook his head. "God no, not before they're older. I have enough on my mind protecting you from your enemies." He leaned in to kiss her rosebud lips. For a sweet long moment he allowed himself the taste of his nectar. Then he broke the kiss and let go of her waist. "And that is all the more reason to not let us get carried away and abstain instead."

"What? Why?" Eleanor backed away in surprise. "I don't recollect any abstention last night."

"We have to do this right." He smiled as he took a tress of her hair in his fingers, before letting it go with a sigh. "For your standing with my men. For my credibility as governor. And yes, even out of respect for Sarah." I put her into the limelight and at risk. Rogers had no intention of doing so again.

"How long?"

With a straight face and in all seriousness, he said, "Until we are married."

"How long?" she insisted.

"First, Judge Adams will have to make his judgment, and I will have to send word for Sarah; allow sailing time for her to receive word." He drawled, enjoying the sight of her face darkening. "Ahm, that would be a fortnight. Then we have to announce the banns. So, more than a month."

Eleanor looked appalled. "The banns! More than a fucking month!"

He chuckled at her obvious frustration. While Eleanor had gotten better in guarding her language, she could not control her swearing when emotional, especially when she did not get her way. He reached for her waist to gather her to him again. "You have a lifetime to make up for it with wifely duties," he teased.

"Life can be fucking short around here," she warned him, as she balled her fists against his chest and resisted his pull. "You almost died twice the past month!"

"Well, perhaps I can convince Pastor Lambrick to agree to a license," he whispered in her ear, breathing in her fragrance. It would not be easy to abstain. He wanted her that very moment, merge with her, lose himself in her. But one of his duties as her husband-to-be was to preserve some semblance of honor. Even his divorce request might cause a ripple amongst his officers, especially Chamberlain. Just a nuzzle. And he planted a kiss in her neck, beneath her ear. "And then we can be married in a fortnight."

"You get such a license!" She stabbed her finger in his chest, stepping away. "And let me remind you that a husband has duties as well."

As she moved away towards the door, he called out after her. "It would also be better if we were chaperoned in the meantime." He was not sure whether he could preserve decorum around her otherwise, for long.

"Fuck chaperones. I'm not having that!"

(Literary allusion to the Greek-Persian wars, Herodotus, Histories: the 300 of Athens, and Delphi's Oracle that according to Herodotus prophesied that if King Croesus of Lydia sought war with the Persian Cyrus the Great he would make a great empire fall. While Athens managed to stop Persia and Darius in its expansive tracks, it was not until Alexander the Great that the Persian Empire was truly defeated. Croesus reigned for 14 years, but was defeated by Cyrus. While Woodes Rogers was not the actual governor in place between his 1st and 2nd term, the king allowed him governor's wages for the years he was in debtor's prison until he second term, so at least he was paid as a governor for 14 years. Of course the ambiguity is whether Woodes Rogers represents the Greeks or Persia, and which king he'd be then. Obviously, Woodes wishes he could identify himself with a classical victor (as would Flint).

Divorce laws: In England you had two possibilities - divorce or annullment. Both were decided by the Church of England Council (clergymen) or had to be filed before Parliament. Prior to the 17th century an adulterer received the death penalty, making the innocent party a widow or widower who could then remarry. With the expansion of the empire, it was easier for an adulterer to escape justice. As long as the adulterer was alive, the abandoned partner would not be able to remarry. Hence, the English Church allowed them to file for divorce and gain the right to remarry as if they were widowed. Divorces were also granted to couples who were effectively separated from bed and table for years. In such a case neither were allowed to remarry. It merely excused them of their sexual duties, and preserved the legitimacy of their children. An annullment gave the right to both parties to remarry, but could only be granted if there was a pre-existing impediment to consummation or the marriage turned out to be illegal in some way (pre-existing marriage, age, or proximity of blood). The children of an annulled marriage became bastards.

4x01's reveal of Woodes Rogers' marriage to Eleanor Guthrie would have been impossible in England. However, the colonies had their civil courts decide on the matter, and the norms varied when granting a divorce, and also in the allowance to remarry. In general, the northern colonies were more liberal, while the southern colonies tried to prevent it. Knowing that a large number of the early settlers were banished people or people running from the law, sometimes leaving a wife or husband behind, and that it was in the colony's interest they procreated and these children were legitimized, we can understand why the colonies felt a need to deviate from the Church Canon up to a level. Bringing the people of Nassau into a legitimate civil marriage situation would be an example for liberal divorce procedures being put into place, and Rogers uses it to his advantage. This is how I try to reconcile the show's canon with historical examples of the colonial period. It is however, a complete fiction, as the historical Woodes Rogers remained officially married to Sarah Whetstone, though they were in practice separated since 1713, and there certainly is no historical record of him having married another woman.

Banns and Marriage License: this Church Canon became state law in England in 1753 and also enforced the rule that people had to marry in a church (with the exemption of Jews). Before that time, if a priest married a couple without banns or license or outside a church, the English Chuch might regard that as a clandestine marriage, but legally it stood. Rogers could likely pressure Pastor Lambrick to do this for him and Eleanor as soon as he has a judge declare the divorce. But as the governor, he'd prefer to make it as socially acceptable as he can. And it allows me to make time jumps to reach 4x01 as quickly as possible.

Delay of Flint's attack: Many people wonder how come Flint and Teach did not attack Nassau immediately, after the battle of the Maroon Island. First of all, Flint and Teach did not whipe out +1500 (the number that Flint estimates in 3x07 to the Maroon Queen) men in the battle of 3x10. They would still have been outnumbered at the time. Since the rebellion was still in its 1st week and only counted a handful, they had no local army. Most likely they had to rely on choking Nassau's commerce while ensuring their own supply by hunting cargo. Flint and Teach sailed onto Nassau with only four ships in 4x01, while in 3x10 Teach's fleet counted 6, add the Walrus, and the captured Orion. It appears 4 ships were lost in between 3x10 and 4x1. So, there were skirmishes at sea, where Flint and Teach lost the minor ships. Rogers' civilian fleet seems to have remained mostly intact. He still had 3 sloops to chase Teach in 4x01, and two more ships.)