Dutch language with the seale of Amsterdam affixed to it that the ship
called in the certificate the _holy ghost_ togather with the skipper
thereof did belong unto the united provinces (Although at the first
arrivall of the s'd ship diverse rumors were spread which did render
them suspitious to have unjustly surprised the s'd ship) whereupon the
Counsell thought it there duty to enquire into the matter, yet having
now examined the s'd Captaine and Considerd the Certificate afores'd
together with a charter partie found in the s'd ship, Wee doe declare
that wee have nothing wherewith to charge the sd Capt. or the company
but have discharged the said Captaine and the rest of the company
heere, together with their clothes, And therfore doe signify unto them
that they have free liberty to enter our harbours where they shall
have protection from all injuries and liberties of free trade with
any of our inhabitants as any other ships whatsoever have had amongst
us.
[Footnote 2: Capt. Robert Harding, now of Ratcliff, London, was well
known in Boston, being, apparently, the same who came out with
Winthrop, went to Rhode Island, was an assistant there, and then
returned to England.]
20 July 1653. A True Coppie of the paper
was signed by written to the Capt and Company
JNO. ENDECOT, Gov. of the dutch prise--20th of
RIC. BELLINGHAM, Dept. Gov. the 5th mo. 1653.[3]
INCREASE NOWELL. EDWARD RAWSON, Secret'y.
SYMON BRADSTREET.
SAMUELL SYMONDS.
ROBT. BRIDGES.
JNO. GLOVER.
DANIELL GOOKIN.
DANIEL DENISON, Maj'r Gen'll.
[Footnote 3: The fifth month, in the reckoning usual among the English
at this time, was July, March being the first. The civil year began on
March 25.]
_8. Declaration of Governor Endicott. August (?), 1653._[1]
[Footnote 1: Mass. Archives, vol. 60, p. 174.]
To all whom these presents may concerne, greeting etc.
Know yee that the ship called the _holy gost_ of Amsterdam of the
burthen about 160 tune beeing taken as a prize and carried away out of
the Roade of the Iland of Barbados by some seamen and some planters
and Inhabitants of the said Iland, the said Ship and company in their
sayling Faling upon the coasts of new England were mett with at sea
about 50 leagues from our harbor of Boston in great extremity, wanting
provision, by a ship bound from London to our Ports whoe supplied them
for there present need and pilatted them into one of our harbors
called Natasket[2] where there is not a fort to bring a ship under
Command. the Councell hearing of such a ship lying there sent to the
Capt and company of the said ship and invited them to come into our
harbor at Boston, they being afrade so to doe by reason (as the
Councell was enformed) they were told that if they came into the
harbor the Capt and Company should bee imprisoned and the ship seased.
afterwards the Capt coming a shore, as alsoe some of the company, the
Capt was arrested and some of the company were imprisoned, who were
examined apt [apart] what ship it was they had taken and whence shee
was, whither of Holland or of Spayne,[3] or wheather they had used any
cruelty to any of the Company they tooke, either by wounding, killing
or setting any of them ashore upon any Iland or other place to the
endangering of there lives. they all agreed in one relation that no
such thing was done by them or any man hurt, And there beeing not any
person heere to enforme against the[m] and they making it appeare by a
dutch certificate under the seale of Amsterdam and by other dutch
writings w'ch are extant with us found in the seisd ship, that shee
was a dutch ship of Amsterdam sett out by diverse Marchants of that
citty, the councell released the said Capt and the rest w'ch had beene
inprisoned, And sent to the rest of the ships company that they might
freely come into our harbor, where they should have trafficke and
protection from all Injuries and liberty of trade with any of our
inhabitants as any other ships whatsoever, the ship afterwards came
into Salem harbor,[4] And the Governor gave order to have the whole
Cargo of goods to be brought ashore, that theire might bee a true
Invoyce taken thereof, that the state of England[5] might have the
tenth. And the rather because it was reported to be a vessell of great
treasury And the account thereof might be expected from the goverment,
being brought in to this Jurisdiction, And to the end there might be
the better satisfaction given to such as might inquier after it. In
Wittnesse of the premisses I have hereunto sett my hand and caused the
seale of the Colony to be afixed.
[Footnote 2: Nantasket.]
[Footnote 3: England and the Dutch were now at war (1653-1654), and
the ship if Dutch might be good prize, but there was no war with
Spain.]
[Footnote 4: There are several entries regarding it in the _Records of
the Essex Quarterly Courts_, I., but under the name of the _Happy
Entrance_.]
[Footnote 5: The Commonwealth government.]
This is A true Coppie Compared with the originall
per EDWARD RAWSON, Secret'y.
[The words "Jno. Endecott Gov'n'r and the seale of the Colony" appear
in the margin.]
_9. Deposition of Matthew Hill. October (?), 1653._[1]
[Footnote 1: Mass. Archives, vol. 60, p. 172a.]
Mathew Hill aged 30 yeares and upwards deposeth and sayth
That upon the seaventh day of May 1653 last past aboute two of the
clock in the afternoone of the same day The Prize-men and company that
take the Spanish Ship out of Carlile Roade in Barbados,[2] there being
at that tyme when shee was taken eight men of the shipps owne company
on board when they tooke her (as the Gunner thereof informed this
depon't) and that two of them leaped over board, w'ch were taken up by
other shipps, and that they tooke thother six men with them, and were
expected to have beene sent on shore back againe, but they cume not
nor were ever heard of (by any meanes that this depon't could
understand of) in foure months tyme whilst this depon't resided in
Barbados after the ship was so taken, nor is yet that this depn't
heares of. And this depon't further sayth That the Spanyord reported
that there was a chest of gold dust six foote long and another chest
of Jewells and Pearles, but named not how bigg it was, and seaven
hogsheads of peeces of eight,[3] besides all other traffick that was
in the said Shipp, And sayth that the Pylate of the said shipp
affirmed that if there were Thirty men of them their share would come
to one thousand pounds a peece, And also sayth That the Gunner of the
said Ship being an Englishman (and this depn'ts country man) informed
this depon't That his owne share in the said Shipp was worth eight
hundred pounds sterl.
[Footnote 2: Carlisle Road or Bay is the roadstead of Bridgetown,
Barbados.]
[Footnote 3: Spanish dollars, pieces of eight reals.]
MATHEW HILL.
_10. Deposition of Francis Blackman and John Dukley. October (?),
1653._[1]
[Footnote 1: Mass. Archives, vol. 60, p. 173.]
Mr. Francis Blackman, aged 60 yeares or there about, and mr. John
Dukley aged 4[_illegible_] yeares or there abouts, doe joyntly and
severally depose and say That in the month of May last past There was
a Spanish Ship, as it was affirmed to be, taken at Barbados by a
company of men that were some of them there resident and some of them
inhabitants there, wherein there was eight men of the shipps company
when it was taken, and two of them leapt over board and were taken up
by other shipps but six of them were taken away with them in the said
shipp. And there was a flying report that they were come on shoare
againe the same day, but the constant report was that they were not,
neither was any of them seene by these depon'ts after they were
carryed away whilst these depon'ts remayned in Barbados, w'ch was
foure months after.
FRANCIS BLACKMAN.
JOHN ID DUKLEY.
his marke
_11. Letter of Governor Searle of Barbados. November 4, 1653._[1]
[Footnote 1: Mass. Archives, vol. 60, pp. 176, 177. Daniel Searle was
governor of Barbados, under the Commonwealth, from 1652 to 1660.]
_Honnored Sr._
Theare arived some sixe mo. since before this Iland a spannish ship
belonging to Tennarife (one of the Canary Ilands) Commanded by
Emanuell Rodriges, Capt. thereof, who having mett with much contrary
weather in theire voiage homewards wer necessitated to put for this
place, and being before the Iland sent in theire request to have
libertie to wood and water. accordingly it was graunted unto them,
with Assurance of receiving like protection, freedome, and libertie in
our ports, as any other Nation in league and Amitie with the
Commonwealt[h] of England, which gave them Incouridgment to bring
theire shipp into harbor within Command of our forts, and having
staied and Refreshed themselves some three weeks time and taken in
such necessaryes and provicions as they needed, whiles the Comander
with the major parte of his men were on shoare abo[ut] theire
dispatches, the said ship was Unhappily surprized in the harbor by a
wicked deboist[2] Crew of persons, who getting aboard and by force
suppressed those few seamen which were in the shipp, Cutt the Cables
and sett saile.
[Footnote 2: Debauched.]
Assoone as the surprise was discovered some shott were made at them,
but theire resolution to Carry so desperate an Attempt (knowing w't
the end would have binn had they fayled therein) and sensiblenesse [?]
in theire dispatch to gett the ship without Command, as also the night
Coming on, and having the Advantage of winde and Currant, no meanes
Could be used to recover the shipp Againe, by which action the
Comander, with his men, who but a little before were possessed (as
well of theire owne as others Interested) with very Considerable
estates, were left on shoare to be Releived by our charitie.
The Inhabitants of this Iland with myself Cannot but have a very great
Resentment of so vile an Act, which hath Reflected so much not only
uppon Authoritie but the Iland in Generall, and may heareafter reflect
to the prejudice of particcular persons heare who trade at the Canary
Ilands.
Wee have lately understood these Robbers by fained pretenses and
discourses, to Coulor theire Action have endeavored to shelter
themselves under your Authoritie in New England, but its hoped and
beleived that such persons will not be harboured, nor such Actions
Countenanced by you there. if they should it may proove for the future
of evill consequence to this Colonie. it was least of all suspected
theire Confidence would have led them thither, otherwise wee should
from hence have ere this requested your Assistannce for stoping the
shipp and goods, and persons of those Robbers, untill the parties
concerned therein might have Intelligence of theire being in New
England, there to prosecute for theire rights;
The Capt. of the said ship with some others of the Compa. went hence
for England hoping there to meete with them, others of them are gonn
to some of the leiward Ilands, and some to the Canaries. assoone as
Intelligence cann be given to the proprietors at tennarife, you will
I judge have some one from thence, to prosecute for theire shipp and
goods.
The persons who Committed this Robberie being thorough theire
deboistnes brought into Considerable engagements to severall of the
Inhabitants of this Iland, had long before sought waies to make
escapes from of this place, to Avoide theire Confinement which the
lawe would have forced them unto for sattisfaccion of theire just
debts; and had not this ship presented, theire Attempts would have
binn to have zeased on some other, as since hath binn prooved, which
might as well have binn some Vessell heare of your Collony, as any
other; theire example have binn encouradgement to others to Attempt
the like, but wee are, and shall be as dilligent to prevent the same
as possible wee may. if all or some of the cheife of those Robbers (if
they are still with you), were sent hither that exemplary Justice
might be Inflicted on them, it maybe a meanes to terrify others from
such actions for the future.
What Justice you please to execute in this particcular, will not only
be well resented by us heare; but also thankefully acknowledged and
greately vindicate the Justice of your Authoritie against such as
otheruise may be apt to blemish the same.
Since the Surprisall of said shipp here arived another vessell from
the Canarie Ilands, to offer trade with the Inhabitants, who
notwithstanding the Assurance they receaved from me of freedom and
protection therein, yet afterwards being Informed of the Aforesaid
action would not trust themselves amongst us but departed; which doe
tend much to the prejudice of the Collonie. I shall not further
enlarge at present but referr all to your Consideracion; and Commend
you to the Almighty in whom I Rest
Yours in what I may to serve you
DANIEL SEARLE.
BERBADOES 4th of November 1653.
a true copy, etc., and the address.
_12. Order of the Massachusetts Council. January 25, 1654._[1]
[Footnote 1: Mass. Archives, vol. 60, p. 178.]
Att A Counsell Called by the Governor on occasion of a letter sent
from the Governor of Berbadoes to the Governor heere respecting the
prizemen and held at Salem the 24th of January, 1653.[2]
[Footnote 2: 1654, new style.]
After the Counsell had Considered of that letter they Ordered that the
Secretary should forthwith transcribe true Coppies of the originall
and translacion of the Dutch Certifficat and the other Dutch writting
found in the shipp called the _holy ghost_, and presented by Capt.
Robt. Harding to the Counsell, Attested by the Secretary and sent to
the Gov'nor and Counsell at the berbadoes, And further Ordered that
the Secretary may give true coppies thereof to the Capt. or any other
of the prizemen or any other that shall desier them;
And though by what the Governor of Berbadoes hath hitherto Certefied
to us, it does not legally appeare that the vessell was or is a
spannish vessell, but the Contrary rather seemeth unto us by the dutch
Certifficat and other writting sealed and the Inscription on the
sterne of hir _De heyly[3] Gheest_, with the picture of the dove and
burden of the ship concurring with them, yett for these severall
reasons, viz. 1. Becawse it cann be no Injury to Capt. Robt. Harding,
Left. Thom. Morrice, and that company to Justify theire oune act at
Berbadoes, (if it were a lawfull act). 2. Because there is
probabillitie, some evidence appearing, that severall of the shipps
former company that was aboard are missing, wch were not brought into
this Jurisdiccion, what is become of them cannot so well be cleered,
nor the Case triable any where so well as at the Berbadoes where the
fact was donne. 3. Becawse Capt. Harding, Left. Morrice and the rest,
as is suspected, have not discovered all the treasure that was in the
shipp and thereby have deceaved the Commonwealth of England (In Case
it should proove a pricze) which cannot be cleered so well, any where
as at Berbadoes, who have as wee are Informed inquired of hr [?] the
value of the prize, and the Rather becawse they broke bulke at
Pemequid, out of our Jurisdiccion,[4] and that after they had our
order, which they seemed to decline by theire Accepting proteccion
from Capt. Gilbert Crane, as appeares by proofe, who was in our
harbors under the Imploiment of the Parliament of England for masts
and Tarre.[5]
[Footnote 3: Heylige.]
[Footnote 4: The Pemaquid settlement lay on the Maine coast near the
mouth of the Damariscotta River; it belonged at this date to Richard
Russell and Nicholas Davison, private proprietors.]
[Footnote 5: Capt. Gilbert Crane, in the _King David_, went out for
this purpose in 1653 and returned to England in 1654.]
Itt is therefore Ordered that the Capt. Robt. Harding, Left. Thomas
Morris and the rest of that company now in hold and such as shall be
taken heere after shall with all conveniency be sent to the Berbadoes
and In the meane time Remaine in prison, unlesse the Counsell shall
take further order.
Itt is further Ordered that Capt. Robert Harding, Left. Thomas Morris
and Henry Cowes shall, when Capt. Jno. Allen or any other that shall
first be Ready to sett saile to the Berbadoes, be delivered safe
aboard to him or them, by him or them to be delivered to the Governor
and Counsell at Berbadoes, And It is left to any three of the
majestrates to send the rest by such conveyances as they shall Judge
meete.
And that the Secretary shall from the Counsell give a strict charge to
the keeper of the prison to secure them in prison so as they escape
no[t] as he will Answer it on his utmost perrill.
25. January 1653. voted alltogither.
EDWARD RAWSON, Secret.
_13. Vote of the Massachusetts House of Deputies. June 10, 1654._[1]
[Footnote 1: Mass. Archives, vol. 60, pp. 184, 183. On May 3 the
General Court had voted that the imprisoned privateers (or pirates)
should be released on bonds of a thousand pounds apiece for
reappearance when summoned; _Records of Massachusetts Bay_, III. 344.
We have now a conflict between the two houses, the House of Deputies
wishing to drop prosecution, the Assistants adhering to the vote of
May; _id._, IV. 196. In October the prisoners were released from their
bonds; _id._, III. 361, IV. 207, 218.]
Whereas there was some Information given unto this Court of the
Illegall surprisall of the Spanish shipp formerly Called the _Holy
Ghost_ and since Called the _happie Entrance_, of which shipp Capt.
Robt. Hardinge was Commaunder, yet forasmuch as neither Capt. John
Allen who so informed, nor any other person, would Ingage to procecute
agaynst the sd Capt. Hardinge and Company, The Court thought it not
meete to take Cognizance thereof, after which Capt. Crane undertooke
to receive the tenth for the State of England, and whatsoever was Done
by him or by mr. Endecot, then Gov'r, or Capt. Breedon[2] or any other
person in any respect whatsoever about the sd shipp or Goods or tenth
part thereof, neither was nor wilbe owned by this Court in any kind.
the Deputyes have past this and desire our hon'rd magists. Consent
hereto.
[Footnote 2: Capt. Thomas Breedon, afterward proprietary governor of
Nova Scotia, had bought the ship. _Records of Essex Quarterly Courts_,
I. 319, 320.]
10th 4th 1654 WILLIAM TORREY, Cleric.[3]
[Footnote 3: Torrey was clerk of the House of Deputies, Rawson
secretary of the Court of Assistants. Ensign Jeremiah Howchen, whose
dissent from the majority opinion of the deputies is recorded below,
was deputy for Hingham.]
The magists. Cannot Consent heereto, It Contradicting the last act of
the Court.
EDWARD RAWSON, Secret'y.
[Another copy of the vote, likewise attested by Torrey, has instead of
the above subscription the following:]
this vote to be entred in the booke altho not Consented to by the
magists.
Contradicent., mr Jer Howchen.
THE _BLUE DOVE_.
_14. Portuguese Commission (Letter of Marque) to Charles de Bils.
February 10 (N.S.), 1658, September 10, 1662._[1]
[Footnote 1: Mass. Archives, vol. 60, p. 215. A copy of the Portuguese
original is in the archives, as well as this rough translation. The
dates are new style. The grantor was King Alfonso VI., brother of
Catharine of Braganza, queen of England from 1662 to 1685. War with
Spain had continued since the Portuguese revolt of 1640. This series
of papers shows well to what abuses the whole system of letters of
marque was open. For an English commission, of later date (1741), see
doc. no. 144.]
Alfonso, by the grace of God King of Portugall and of the Algarves [on
both sides] of the seas In Africa, Lord of ginney and of the Conquest,
navigation, and Commerce of Ethiopia, Arabia, Persia, and of India,
Know all to whom this my letter patent shall Appeare that itt
Behooving mee to provide shipps to oppose sea Roavers thatt frequent
the Coasts of these my Kingdomes, for the conveniency of tradeinge to
them, And Consideringe the merritts and Partts thatt Doe concurr in
the person of Charles de Bils, Confidinge in him that In all thatt I
shall Impose to his trust hee will serve mee to my Content, Itt Is my
will and pleasure to nominate and by these Presents doe name for Capt.
of a shipp of warr, by virtue of w'ch power hee may provide att his
owne charge a shipp of one hundred Tonnes with whatt boates
nessesarie, and provide her with Gunns, People, ammunition and
provisions as hee shall thinke Convenientt, to wage warr with the
subjects of the Kinge of spaine, Turks, Pirats, Sea Roavers, take
there shipps and there marchandizes and all that belongs unto them and
Carry them to Any Portts of this Kingdome to give An Accountt of them
in my office, where they shall bee taken Account of In a booke kept
for said purpose, where they shall bee Judged if Lawfull Prizes. hee
may vizitt or search whatt shippes hee thinks goe loaden with our
Enimies goods, goe to there ports, favouringe In all things any Alyed
to this Crowne, Payinge the Customes of sd. Prizes, according to the
Rates of the Custome Houses of this Kingdome. Wherefore I Request all
Kings, Princes, Potentats, Lords, Republicks, states, theire
Leiftenants, Generalls, Admirals, Governours of there provinces,
Citties and Portts, Captaines And Corporals of Warr, to give to the
said Charles de Bils all the Assistance, helpe and favour, Passage and
Entrance into theire Portts, with his said shipp, people, prizes and
all things theire unto pertaininge, offerringe my selfe in the like
occasion to doe the same, and Command my Governours, Generalls,
officers of Warr, to lett them goe and passe with there prizes as long
time as shall be nessesarie, for Confirmation of w'ch I commanded this
letter Pattent to bee past, signed and sealed with the great seale of
my Armes. Given in the Cittie of Lisbone the tenth day of february.
Written by Antonio Marques In the Yeare of the Nativity of our Lord
Jesus Christ one thousand six hundred fifty Eightt. Diogo Ferres Bravo
Caused itt to bee written. QUEENE.[2] And because said Charles de
Bills Presen[t]inge himselfe before mee, Declareinge hee had lost said
patent, desireinge mee to favour him to Command to passe him Another
With safety [?] I commanded itt to bee past him outt of the Register
Booke, W'ch Is the same declared above. given in lisbone the tenth of
September six hundred sixty two.
frances Pereira da cunha caused itt to bee written.
(Sealed with
the Armes
of portugall.)
THE KING.[2]
[Footnote 2: When the original commission was issued the king was a
minor, and it was signed by his mother the queen regent, Donha Luiza;
but in June, 1662, by a palace revolution, King Alfonso assumed
authority.]
The Patent by w'ch your Mag'tie was pleased to nominate Charles de
Bils for captaine of a warr shipp of One Hundred tonnes, w'ch hee
offerred to furnish att his owne Cost with such Boates as hee shall
thinke nessesarie and to provide them with Gunnes, People,
Ammunitions, and victuals that hee thinks needfull. Reformed. By Your
Mag'tie.
_15. Commission from de Bils to John Douglas. September 20 (N.S.),
1662._[1]
[Footnote 1: Mass. Archives, vol. 60, p. 216.]
By his mag'ties decree of the tenth of october 657, And Dispach of the
counsell of the 8th of september 662. Itt Is Registred In the 22 Booke
of the s[ecre]taria of Warr, fol. 72.
Wee, Charles de Bils, Captaine by the King our Lord, by virtue of my
fore written Patent, Sealed with The great Seale and Signed by his
mag'tie, Constitute and doe Constitute D. John Duglas for Commander of
my shipp Called _st. John_ In my name and as if I were Personally
Presentt to make Warr With the Enimies of this Crowne of Portugall,
Accordingly And in the same manner as it Is declared In my Patent, for
Effectinge of W'ch I grant to the said my Constituted all the Powers
to mee granted, for Confirmacion of w'ch I deliver him this my Patent
signed with my hand and Sealed with the seale of my Armes. made In
lisbone the twentieth of september one thousand Six hundred sixty two.
CHARLES DE BILS.
Wee the under written doe testyfie that the Aboves'd and what is
Conteyned on the other Side[2] is a true translation of a Comission
Graunted by the Queene of Portugall and afterwards Confirmed by the
King of that Country unto Charles de Bills and afterwards Assigned
over by Sayd Charles de Bills unto Capt John Duglas as witnes our
hands
[Footnote 2: Documents 14 and 15.]
Aug't the 15th 1664.[3]
[Footnote 3: Old style, presumably.]
EDMUND DOWNER.
WILLIAM TAILER.
JOHN FORD.
_16. Deposition of William Browne. June 24, 1664._[1]
[Footnote 1: Mass. Archives, vol. 60, p. 218a.]
The deposicion of William Browne, passenger with Mr Robert Cooke, in
the _Blow Dove_, and now prisoner aboard Capt. Jno. Dowglass:
That when hee was demaunded of the said Capt. John Dowglass where the
said Shipp did belong unto, that the said William Browne did saye that
hee heard the Mr say severall times, that the said Shipp did belong
unto Amsterdam, and that the said Shipp was bound for Amsterdam, and
that most of the company[2] were Scotts:
[Footnote 2: Crew.]