To the Honored Memory of

JOHN JAMESON

OF BOSTON

1828-1905

VOYAGER, TEACHER, LAWYER, SCHOLAR

WHOSE LOVE OF LEARNING AND WHOSE UNSELFISH
DEVOTION MADE IT NATURAL AND POSSIBLE
THAT I SHOULD LEAD THE STUDENT’S LIFE

vii

The National Society of the Colonial Dames of America have formed the laudable habit of illustrating the colonial period of United States history, in which they are especially interested, by published volumes of original historical material, previously unprinted, and relating to that period. Thus in the course of years they have made a large addition to the number of documentary sources available to the student of that period. First they published, in 1906, in two handsome volumes, the Correspondence of William Pitt, when Secretary of State, with Colonial Governors and Military and Naval Commanders in America, edited by the late Miss Gertrude Selwyn Kimball, containing material of great importance to the history of the colonies as a whole, and of the management of the French and Indian War. Next, in 1911 and 1914, they published the two volumes of Professor James C. Ballagh's valuable edition of the Letters of Richard Henry Lee. Then, in 1912, they brought out, again in two volumes, the Correspondence of Governor William Shirley, edited by Dr. Charles H. Lincoln, and illustrating the history of several colonies, particularly those of New England, during the period of what in our colonial history is called King George's War. More recently, in 1916, the Society published an entertaining volume of hitherto unprinted Travels in the American Colonies, edited by Dr. Newton D. Mereness.

It was resolved that the next volume after these should be devoted to documents relating to maritime history. In proportion to its importance, that aspect of our colonial history has in general received too little attention. In time of peace the colonists, nearly all of whom dwelt within a hundred miles of ocean or tidewater, maintained constantly a maritime commerce that had a large importance to their economic life and gave employment to no small part of theirviii population. In time of war, their naval problems and dangers and achievements were hardly less important than those of land warfare, but have been far less exploited, whether in narrative histories or in volumes of documentary materials. Accordingly the Society's Committee on Publication readily acceded to the suggestion that a volume should be made up of documents illustrating the history of privateering and piracy as these stand related to the life of America during the colonial period—for it is agreed that few aspects of our maritime history in that period have greater importance and interest than these two. In some of our colonial wars, as later in those of the Revolution and of 1812, American privateering assumed such proportions as to make it, for brief periods, one of the leading American industries. We cannot quite say the same concerning American piracy, and indeed it might be thought disrespectful to our ancestors—or predecessors, for pirates mostly died young and left few descendants—but at least it will be conceded that piracy at times flourished in American waters, that not a few of the pirates and of those on shore who received their goods and otherwise aided them were Americans, that their activities had an important influence on the development of American commerce, and that documents relative to piracy make interesting reading.

It is a matter for regret and on the editor's part for apology, that the book should have been so long in preparation. Work on it was begun prosperously before our country was engaged in war, but the "spare time" which the editor can command, always slight in amount, was much reduced during the period of warfare. Moreover, the Society, very properly, determined that, so long as war continued, the publication of their volumes and the expenditures now attendant upon printing ought to be postponed in favor of those patriotic undertakings, especially for the relief of suffering, which have made their name grateful to all lovers of the Navy and in all places where the Comfort and the Mercy have sailed.

It may be objected against the plan of this book, that privateering and piracy should not be conjoined in one volixume, with documents intermingled in one chronological order, lest the impression be created that piracy and privateering were much the same. It is true that, in theory and in legal definition, they are widely different things and stand on totally different bases. Legally, a privateer is an armed vessel (or its commander) which, in time of war, though owners and officers and crew are private persons, has a commission from a belligerent government to commit acts of warfare on vessels of its enemy. Legally, a pirate is one who commits robbery or other acts of violence on the sea (or on the land through descent from the sea) without having any authority from, and independently of, any organized government or political society. (Fighting and bloodshed and murder, it may be remarked by the way, though natural concomitants of the pirate's trade, are not, as is often supposed, essentials of the crime of piracy.) But wide as is the legal distinction between the authorized warfare of the privateer and the unauthorized violence of the pirate, in practice it was very difficult to keep the privateer and his crew, far from the eye of authority, within the bounds of legal conduct, or to prevent him from broadening out his operations into piracy, especially if a merely privateering cruise was proving unprofitable. Privateering was open to many abuses, and it was not without good reason that the leading powers of Europe, in 1856, by the Declaration of Paris, agreed to its abandonment.

The object of the following collection of documents is not to give the whole history of any episode of piracy or of the career of any privateer, but rather, by appropriate selection, to illustrate, as well as is possible in one volume, all the different aspects of both employments, and to present specimens of all the different sorts of papers to which they gave rise. Nearly all the pieces are documents hitherto unprinted, but a few that have already been printed, mostly in books not easy of access, have been included in order to round out a story or a series. The collection ends with the termination of the last colonial war in 1763. Presented in chronological order, it may have a casual, as it certainly has a miscellaneous, appearance. But variety was intended,x and on closer inspection and comparison the selection will be seen to have a more methodical character than at first appears, corresponding to the systematic procedure followed in privateering, in prize cases, and in trials for piracy.

On the outbreak of war in which Great Britain was involved, it was customary for the King to issue a commission to the Lord High Admiral (or to the Lords of the Admiralty appointed to execute that office) authorizing him (or them) to empower proper officials, such as colonial governors, to grant letters of marque, or privateering commissions, to suitable persons under adequate safeguards.[1] The Lords of the Admiralty then issued warrants to the colonial governors (see doc. no. 127), authorizing them to issue such commissions or letters of marque. A specimen American privateering commission may be seen in doc. no. 144; a Portuguese letter of marque, and a paper by which its recipient purported to assign it to another, in docs. no. 14 and no. 15. Royal instructions were issued to all commanders of privateers (doc. no. 126), and each was required to furnish, or bondsmen were required to furnish on his behalf, caution or security[2] for the proper observance of these instructions and the payment of all dues to the crown or Admiralty. Relations between the commander and the crew, except as regulated by the superior authority of these instructions and of the prize acts or other statutes, were governed by the articles of agreement (doc. no. 202) signed when enlisting.

These were the essential documents of a privateering voyage. There would probably be also accounts for supplies, like John Tweedy's very curious bill for medicines (doc. no. 158), and accounts between crew and owners (doc. no. 146), and general accounts of the voyage (doc. no. 159). There might be an agreement of two privateers to cruise together and divide the spoil (doc. no. 160). There might even be a journal of the whole voyage, like the extraordinarily interesting journal kept on the privateerxi Revenge by the captain's quartermaster in 1741 (doc. no. 145), one of the very few such narratives preserved. Other documents of various kinds, illustrating miscellaneous incidents of privateering, will be found elsewhere in the volume.

Both privateers and naval vessels belonging to the government made prize of ships and goods belonging to the enemy, but many questions were certain to arise concerning the legality of captures and concerning the proper ownership and disposal of ships and goods. Hence the necessity for prize courts, acting under admiralty law and the law of nations. The instructions to privateers required them (see doc. no. 126, section III.) to bring captured ships or goods into some port of Great Britain or her colonial dominions, for adjudication by such a court. In England, it was the High Court of Admiralty that tried such cases. At the beginning of a war, a commission under the Great Seal,[3] addressed to the Lords of the Admiralty, instructed them to issue a warrant to the judge of that court, authorizing him during the duration of the war to take cognizance of prize causes. After 1689, it was customary to provide for trial of admiralty causes in colonial ports by giving to each colonial governor, in addition to his commission as governor, a commission as vice-admiral. Before 1689, this was done in a few instances, chiefly of proprietary colonies, the earliest such instance being that exhibited in our doc. no. 1; but in the case of colonies having no royal governor (corporation colonies) we find various courts in that earlier period exercising admiralty jurisdiction (docs. no. 8, no. 25, no. 48, and no. 105, note 1). From Queen Anne's reign on (doc. no. 102), jurisdiction in prize causes was conferred, as in the case of the judge of the High Court of Admiralty in London, by warrant (doc. no. 182) from the Lord High Admiral or Lords of the Admiralty pursuant to the commission issued to them, as stated above, at the beginning of the war. In doc. no. 116 we see the judge of the High Court of Admiralty expressing the belief that itxii would be better if all prizes were brought to his court in London for adjudication, but the inconvenience would have been too great.

The governor's commission as vice-admiral, issued (after 1689, at any rate) under the great seal of the High Court of Admiralty, gave him authority to hold an admiralty court in person. Often the governor was not well fitted for such work, though not often so frank as Sir Henry Morgan (doc. no. 46, note 1) in admitting his deficiencies. As admiralty business increased, it became customary to appoint admiralty judges to hold vice-admiralty courts in individual colonies, or in groups of colonies. Sometimes, especially in the earlier period, they were commissioned by the governor of the colony acting under a warrant from the Lords of the Admiralty (doc. no. 69) empowering him so to do; more often they were commissioned directly by those lords, under the great seal of the Admiralty. Doc. no. 180 is a commission of the former sort, doc. no. 181 of the latter. When war broke out, authority to try prize cases was conveyed, as above, to the vice-admiral, the vice-admiralty judge, and their deputies.

In the trial of a prize case, the first essential document was the libel (docs. no. 99, no. 128, no. 165, no. 184, and no. 188), by which claim was laid to ship or goods. Witnesses were examined, chiefly by means of the systematic series of questions called standing interrogatories (doc. no. 183). Their testimony, taken down in written depositions, constitutes much the largest class of documents in this volume. Most narratives of privateering or of piracy are found in the form of depositions. Reports of trials, embracing proceedings and documents and testimony, are found in docs. no. 128, no. 143, and no. 165; sentences or decrees of the judge in docs. no. 143, no. 150, and no. 155; inventories of prizes in docs. no. 33 and no. 161; an account of sales in doc. no. 186.

If a party to a prize appealed from the sentence of the vice-admiralty court (docs. no. 151 and no. 196), he was required to give bond (doc. no. 152) for due prosecution of the appeal in England. From 1628 to 1708 suchxiii appeals were heard by the High Court of Admiralty; after 1708 they went to a body of privy councillors specially commissioned for the purpose, called the Lords Commissioners of Appeal in Prize Causes (see doc. no. 151, note 1). A specimen of a decree of that tribunal reversing the sentence of a colonial vice-admiralty court is in doc. no. 195.[4]

Piracy being from its very nature a less formal proceeding than privateering, there are fewer formal documents to present as essential to its history. In the seventeenth century, there are instances of trials for piracy by various courts: e.g., the Court of Assistants in Massachusetts in 1675 (doc. no. 41, note 1) and the Massachusetts Superior Court in 1694 (doc. no. 56, note 2). But the regular method, which came to prevail, was trial by special commissions appointed for the purpose, similar to those which were appointed for the trial of pirates in England by virtue of the statute 28 Henry VIII. c. 15 (1536). We have such a colonial commission, appointed by the governor, in doc. no. 51 (1683). In 1700 the statute 11 and 12 William III. c. 7 extended to the plantations the crown's authority to appoint such commissions (see docs. no. 104, note 1, no. 106, note 1, and no. 201). A curious signed agreement to commit piracy will be found in doc. no. 50; indictments for that crime in docs. no. 56, no. 119, and no. 120; partial records of trials in docs. no. 112, no. 113, and nos. 119-122. A full account of an execution, explicit enough to satisfy the most morbid curiosity, is presented in doc. no. 104. Nos. 123 and 124 are formal bills for the execution, the digging of the graves, and the cheering drams which the executioners found needful after their grisly work.

But if American colonial piracy presents a smaller array of legal documents than American colonial privateering, it makes up for it by its rich abundance of picturesque narrative and detail. The pieces here brought together show us piracy off Lisbon and in the East Indies and at Madagascar, at Portobello and Panama and in the South Sea, in the West Indies, and all along the Atlantic coast from Newfoundlandxiv to the coast of Guiana. They exhibit to us every relation from that of the most innocent victim to that of the most hardened pirate chief. They make it clear how narrow was sometimes the line that divided piracy and privateering, and how difficult it must have been to learn the truth from witnesses so conflicting and of such dubious characters, testifying concerning actions of lawless men in remote seas or on lonely shores.

Most of the pirates famed in story, who had anything to do with colonial America, appear in one way or another in these papers. On the history of Henry Every, for instance, and even on the oft-told tale of William Kidd, not a little new light is cast. Kidd's letters from prison, the letter and petitions of his wife, the depositions of companions, the additional letters of Bellomont, make the story live again, even though no new evidence appears that is perfectly conclusive as to the still-debated question of his degree of guilt. The wonderful buccaneering adventures of Bartholomew Sharp and his companions, 1680-1682, at the Isthmus of Panama and all along the west coast of South America, are newly illustrated by long anonymous narratives, artless but effective. And indeed, to speak more generally, it is hoped that there are few aspects of the pirate's trade that are not somehow represented in these pages.

At least it will not be denied that the documents, whether for piracy or for privateering, show a considerable variety of origins. Their authors range from a Signer of the Declaration of Independence to an Irishwoman keeping a boarding-house in Havana, from a minister of Louis XIV. or a judge of the High Court of Admiralty to the most illiterate sailor, from Governor John Endicott, most rigid of Puritans, to the keeper of a rendezvous for pirates and receiver of their ill-gotten goods. Witnesses or writers of many nationalities appear: American, Englishmen, Scots, Irishmen, Frenchmen, Dutchmen, Spaniards, a Portuguese, a Dane or Sleswicker, a Bohemian, a Greek, a Jew. The languages of the documents are English, French, Dutch, Spanish, Portuguese, and Latin. Though none of them are in German or by Germans, not the least interesting piecesxv in the volume are those (docs. no. 43, no. 48, and no. 49) which show a curious connection of American colonial history with the very first (and characteristically illegal and unscrupulous) exploits of the Brandenburg-Prussian navy.

The range of repositories from which the documents have been procured is also considerable. Many were found in the state archives of Massachusetts, many in the files of the Supreme Judicial Court for Suffolk County, many in the collections of the Massachusetts Historical Society, others in the archives of Rhode Island and New York, in the office of the surrogate of New York City, and in the New York Public Library. A very important source of material, indispensable indeed for certain classes of document, was the records and papers of the vice-admiralty courts of the colonial period. Extensive portions still remain in the case of four of these courts, at Boston, New York, Philadelphia, and Charleston (see the first foot-notes to docs. no. 126, no. 184, no. 165, and no. 106, respectively). A large number of the documents, larger indeed than from any other repository but one, were drawn from the inexhaustible stores of the Public Record Office in London, namely, from the Admiralty and Colonial Office Papers. Others came from the Privy Council Office; a few, but among them two of the longest and most interesting, from among the Sloane and Harleian manuscripts in the British Museum; one whole group from the Rawlinson manuscripts in the Bodleian Library at Oxford. Three of the Kidd documents were obtained from among the manuscripts of the Duke of Portland at Welbeck Abbey. Several of the pieces, and a number of lesser extracts used in annotations, were taken from colonial newspapers, and two from printed books not often seen.

Archivists and librarians have assisted the editor with their customary and never-failing kindness. It is a pleasure to express his gratitude to Mr. J.J. Tracy and Mr. John H. Edmonds, former and present archivists of Massachusetts, Mr. Herbert O. Brigham of the Rhode Island archives, Mr. A.J.F. van Laer and Mr. Peter Nelson of those of New York; to Mr. Worthington C. Ford and Mr. Julius H. Tutxvitle of the Massachusetts Historical Society; to Hon. Charles M. Hough, judge of the United States Circuit Court in New York; to Miss C.C. Helm of his office; to the late Miss Josephine Murphy, custodian of the Suffolk Files; to Miss Mabel L. Webber, secretary and librarian of the South Carolina Historical Society; to Mr. Victor H. Paltsits of the New York Public Library; to Rev. Richard W. Goulding, librarian to the Duke of Portland; and to the authorities of the Public Record Office, the Privy Council Office, the British Museum, and the Bodleian Library. Special thanks are due to the officials of three libraries in which the work of annotation was mostly done—the Library of Congress, that of the Massachusetts Historical Society, and that of Bowdoin College. On a few nautical points the editor had the advice of his old friend the late Captain Charles Cate of North Edgecomb, Maine. And especially he has to thank the chairman of the Committee on Publication, Mrs. Charles E. Rieman, for her interest in the work and for the exemplary patience with which she has borne the delays in its completion.

It is perhaps needless to say that the spelling of the originals has been carefully preserved; it is hoped that it would not be thought to be that of the editor. The punctuation of the originals has not been deemed equally sacred. In general, it has been reproduced, but where small alterations would make the sense clear to the modern reader but could not change it, or where that same effect would be produced by introducing punctuation-marks, which writers nearly illiterate often omitted entirely, it has seemed the part of good sense to make reading-matter readable. Also, names of vessels have been uniformly italicized even when not underscored in the original manuscripts. Dates previous to 1752 are old-style dates unless, as in the case of Dutch or French documents, new style is indicated.

J. Franklin Jameson.

Washington, October 19, 1923.

xvii

INDEX

1

1. Commission from the Providence Island Company to Governor Nathaniel Butler as Vice Admiral. April 23, 1638.[1]

Commission to Captain Butler[2] for the Admiraltie of the Island.

To all to whome theis presents shall come, we the Governor and Company etc. send greetinge. Wheras our gracious Soveraigne Lord King Charles hath by his Letters patent bearing date the 4th day of December in the 6th2 yeare of his Raigne,[3] for himselfe, his heires and successors, given and graunted to us and our successors, assignes and deputies for ever All Admirall rights, benefits and jurisdiccions and likewise all priviledges and Comodityes to the said Admirall jurisdiccion in any wise appertayneinge or belonging, in and upon the seas rivers and Coastes of the Island of Providence, Henrietta[4] and all other Islands within the Limits of his Majestys grant to us made and everie or any of them within 40 Leagues of any the said Islands and in and upon all other Rivers and Creekes within the said Limits, And likewise power to hold and determine all manner of Causes and pleas for and Concerning the same,[5] Now know ye that we the said Governor and Company confiding in the Fidelitie and Judgment of Captain Nathaniel Butler, now bound in a voyage to the Island of Providence, have elected, Constituted and deputed and doe hereby elect, constitute and depute the said Captain Nathaniel Butler, to be Admirall of the said Island of Providence, Hereby giveing and graunting to the said Captain Nathaniel Butler full power and authority to doe and execute (with the advise of the Counsell of warre which shall from time to time be established by us in the said Island) all matters and things concerning the said place of Admirall according to the Instruccions that we or our successors shall from time to time give and direct for and Concerning the execucion thereof, Nevertheless reserving to our selves all such Admirall duties as shall be payable and accomptable for or in respect of the same, other then[6] such priviledges and benefits as shall upon agreement betweene us and the said Captain Butler be assigned and appropriated to him, To have, hould and exercise the said place of Admirall of the said Island untill we shall otherwise dispose of the same. And we do require all persons whatsoever3 from time to time resideing in the said Island that shall at any tyme abide or be in the harbours, ports or Creeks of the same, to yeild and give all due obedience and respect to the lawfull Commands of the said Captain Butler as Admirall of the said Island, as they will answer the Contrary at their perills. Given under our Common Seale this 23th day of Aprill In the XIIII yeare of the raigne of our Soveraigne Lord Charles, by the grace of God King of England, Scotland, France and Ireland, Defendor of the Faith, etc. And in the yeare of our Lord God 1638.

2. Governor Nathaniel Butler, “Diary of my Present Employment”. February-March, 1639.[1]

[February] 13. Wee hadd an alarme this morneinge, and in regard that the sayle that wee made came to an4 Anchor close without our Rocks called the Breakers, wee sone found that she was a stranger and in perill: wherupon I sent out two shalopes well manned and followed myself in the thirde: and by the waye wee mett with her bote being only a Canow in which all of her men wer come off from her and left her alone; But wee tooke two of her men backe with us to the shypp; and sent two of my Botes to bring her into the Harbour;[2] the which was done: Wee founde her to be a Spanish Frigate, taken by a man of Warre of Flushinge off of Cuba. she was laden with mantega de Porco,[3] Hides and tallowe; their resolution was to have carried her to St. Christophers,[4] and ther to have sold her Goods, but being not able to fetch itt, she was forced to beare up for our Iland; and but for us had wracked upon our rocks; shee was manned with eight men; and the man of warre that tooke her haveinge dispatched her as he thought for St. Christophers, remained upon the Coast of Hispaniola to looke out for more purchase:[5] and in the meantime, little knows what is become of his Prize.

14. I dined at Captain Morgan's. After dinner the Councell of Warre wer assembled at my house; wher some propositions wer considered off touchinge the new come Dutche; as alsoe about some redresses in respect of wronngs pretended to be offred by our Pillageinge seamen.

15. I was att Warwicke Fort[6] this morneinge, wher I called a Counsell of warre; and the new come in Dutche presented a coppy of their Commission signed by the Prince of Orange and the Dutche West India Company. After dinner being newly returned home, wee hadd an alarme, upon the discovery of a sayle; and I went presently out in my shalope and sent Captaine Axe out in his shalope to make a discoverye upon her; she proved to be another smale5 man of warre of Holland which had bin long upon the coast of the terra firma;[7] and hadd gotten nothinge; towards the eveninge she came to an Anchor in our Harbour. This vessell comeinge to the Ronchadores (it being only a desolate barren rocky sande twentie leagues to the eastwards of Providence, which is the nearest land unto itt)[8] found ther an Englishman the which with some others being in a smale frigate wer shypwracked upon itt, some of them gott awaye upon two rafts of which the one of them was never hearde off; Thoes upon the other raft wer driven upon the maine-land of the West-Indies, and soe att last gott home. This man with some others remained upon the sande and rocks; wher att last all of them died save this man only; who after he hadd remained ther two yeares and a halfe of which for ten monethes space, after the deathe of all the rest, he lived solitarily and all alone, being only fedd with such sea foules as resorted to the place, and sometimes some fish, he was thus taken and brought home unto us in good healthe and very lusty.

16. I went very early this mornenige to the greate Baye, wher my worcks went forwards well and almost to my wish. In the afternoone being returned home, I spent some houres in the hearinge of divers controversies amongst the Inhabitants. Towards night the Commander of the Dutche Vessel that came into our Harbour the daye before presented himself unto me and shewed me his Commission signed by the Prince of Aurenge:[9] His errand hither was to find and stoppe a leake; haveinge bin foure or five monethes upon the coast, and gotten noethinge. This morneing also, another of the new Companyes was in their Armes, upon the great Baye; and exercised by Captain Carter[10] in my presence, and did well.

17. Upon this Lorde's daye I was in the morneinge and6 eveninge at Mr. Sherrard's Churche,[11] who preached unto us, at both times. After the afternoone's sermon, the poore man that was soe hapely recovered from the Ronchadores, was introduced by Mr. Sherrarde to make a publicke thanksgiveinge to God for his deliverance with a confession in generall tearmes of his former vicious life, and a promise of future amendment. An act very commendable in itselfe, and a Course fully approvable: Though itt now brought to every man's minde and observation, that whereas the apparent evidence of God's mercye in as highe or higher a nature hadd been manifested towards Captain Axe and his company in his escape from the enemie, to thoes five persons that came safe unto us, in an extreme leakinge bote, from St. Christophers; And towards the fortie nine persons that arrived safely with us from the Barbadoes;[12] And all this done within the space of foure monethes; that none of all this should have bin remembered by Mr. Sherrard, in the same kinde; as if the safe-being of this one only man, had either bin of more remarkableness in itselfe, or of more acceptableness with him than all the others putt togither....

21. Early this morneinge I went out in my shalope to Darlies Fort[13] to looke out for the vessells that wer made the eveninge before and by sunne riseinge wee againe made them five leagues out to sea standeinge in with our Harbour; and by ten of the clocke they came ther to an Anchor: and one of them proved to be the Pinnace called the Queene of Bohemia[14] that I had sent out about five weekes before to looke out for Purchase upon the coasts of the maine; the other was a Spanish Frigate which she hadd made her Prize. I dined this daye at a weddinge.

22. The Captaine of our last arrived Pinnace came unto me and certified me concerneinge his voiage, and the take7inge of his Prize; and I gave him some Advices about the orderinge of every man's shares: And upon this daye all the montega de Porco, and the Tallow that came in the first Dutche was sold to the people att reasonable rates....

25. One of our new Companys was exercised upon this daye, by Captaine Hunt;[15] I went aborde our new prize, to sett downe orders, upon the Breakeinge of Bulke; And the Prize Goods began this morneinge to be unshypped, into our Store House. I hadd many Bussinesses brought afore me this daye, and found trouble ynough in decideinge of them.

26. Our new erected Company of Voluntiers exercised this morneinge, att our new exerciseinge place, and all the Captaines dined with me: In the afternoone, I called a Counsell of warre, where orders wer sett downe and given to the Captaines of the Fortes about makeing of all shotts att the comeinge in of shypps: Witnesses wer also examined in the Court of Admiraltie[16] about the new come in Prize, and a preparation made to an Adjudication. I hearde, determined and appeased divers differences, which might have produced ill bloud.

27. Very early this morneinge, I found worcke ready for me to heare and decide divers complaincts between the Inhabitants. Some of the Counsell of Warre dined with me; presently after dinner I caused a Proclamation pro forma to be made by sound of the Drumme, concerninge the Bussinesse of our new gotten prize: viz, That if anyone could make a claime to any of the said Prize goods or saye anything why adjudication of her being lawfull Prize should not be granted; they should come in by such a daye and should be heard accordinge to Justice. This afternoone all our Prize Goodes being landed, I went to the Store-house to see equall divisions made; And the Lordes fiftes[17] wer first layde aside; and then my dues as Admirall, and Captaine Axe's as Vice Admirall; and then some shares wer delivered accordinge to every man's part, to the common marriner[s];8 and all the Tobacco belonginge to them, was shared and delivered.

28. We wer all this daye busied att the Store-House in the shareinge of the dues to the Shyp-Company, out of the Prize Goods; and in proportioninge the Honorable Companye's Fiftes; and mine owne Admirall duties, and the Vice Admirall's, Captain Axe....

[March] 2. The Commanders and merchants of the Dutch men of warre dined with me this daye: our new prize Frigate by the presumption of her master in takeinge awaye without leave an Anchor and a Cable from her, which he claimed to be his due, and which she rode by in the Harbour, was driven ashore; for which fact he was cited to an Admirall Court....

4. I called a Court of Admiraltie this morneinge; and empannelled twelve seamen, to deliver their verdict, concerninge a misdeameanour committed by a master of a shyp, in takeinge awaye a Cable and an Anchor from a vessell rideinge in the Harbour; wherby the said vessell was driven on grounds and in perill to be lost: but thes Jurors proved themselves soe absurde and ignorant as sone made me finde the miserie of trialls in these dayes by such kinde of men: And it now produced an Order in a session of the Counsell of Warre in the afternoone, whereby all future crimes and commissions of this nature wer made punishable another waye. A new officer in the nature of a fiscall or Advocate[18] in our Court of Admiraltie was elected and sworne this daye.

5. The Prize Vessell that was driven aground was gotten off safe this morneinge, wherby the penalties inclifted[19] by the verdict in the Admiraltie Court in case it hadd perished, wer taken off.

9

3. Articles of Copartnership in New Netherland Privateering. December 4 (N.S.), 1646.[1]

Translation.

Appeared before me, Cornelis van Tienhoven,[2] authorized secretary for the Chartered West India Company in New Netherland, the Honorable Willem Kieft, Director General of New Netherland,[3] being in that capacity partner in the frigate La Garce on account of the aforesaid Company, who together with all the persons named hereafter acknowledged that he was taking a share of one just eighth part in the said frigate, Jan Damen likewise a just eighth part, Jacob Wolphersen the sum of 1500 gulden, Marten Crigier a just sixteenth part, Jacob Stoffelsen 1100 gulden, Hendrick Jacobsen Pater Vaer an eighth part, Hendrick Arentsen the sum of 1300 gulden, Captain Willem Albertsen Blauvelt[4] a just eighth part, Christiaen Pitersen Rams 1400 gulden, William de Key a just sixteenth part, Adriaen Dircksen a just thirty-second part,11 which aforesaid sums and parts the aforesaid persons, as owners in common, each on his own account, have invested and ventured, for profit or loss, and this [declaration] is made and signed in order to serve them in the future and to know exactly what each owner may have a right to demand for his profit on the monies invested. In witness and token of the truth this is signed by the aforesaid owners, December 4, 1646, in New Netherland.

4. Articles of Copartnership between Augustin Herrman and Wyllem Blawfelt. December 4 (N.S.), 1646.[1]

Translation.

We the undersigned acknowledge that we have consented and agreed to invest in the frigate La Garce, for profit or loss, the sum of 1773 gulden, of which the Sieur Augustyn[2] ventures the sixth [substituted for sixteenth, erased] part in the name of Willem Aelbertsen Blauvelt, who acknowledges that he has received the aforesaid sum from the hands of Augustyn Heerman and promises, if God the Lord grants to him, Captain Willem Albertsen, on this voyage one or more prizes, whether great or small, to turn over to the aforesaid Sieur Augustyn or his order a sixth [the clerk wrote first sixteenth] part of the captured goods out of his own eighth part. And if it shall happen, which God forbid, that the bark should be lost, the aforesaid Sieur Augustyn shall have nothing to claim from Captain Blauvelt. Done and signed December 4, 1646, in New Amsterdam.

13

5. Affidavit: the Capture of the Tabasco. July 25 (N.S.), 1649.[1]

Translation.

We the undersigned, having all voyaged together in the frigate La Garce, of which Willem Albertsz Blaeuvelt is captain, having cruised in the West Indies, testify, witness, and declare, in place and under promise of solemn oath if need be, that it is true and certain, that we captured from the Spaniard, in the river of Tabasko,[2] the bark named Tabasko, which Spaniard did not notify us of any peace or truce concluded between the King of Spain and their High Mightinesses, nor had we known or heard of any14 peace.[3] All which we the undersigned declare to be true and certain, offering also if need be to verify it under oath. This 25th of July, 1649, in New Amsterdam.

6. Affidavit of Antonio Leon and Fyck Herry. September 27 (N.S.),
1649.[1]

Translation.

Copy

Appeared before me Jacob Hendricksz Kip,[2] authorized clerk to the Honorable Director General and Honorable16 Council of New Netherland, Antony Leon, native of Majorca, 26 years old, Spaniard, and Fyck Herry, native of Castlehaven in Ireland, about 21 years old, passengers, who came from Captain Flip Drest's bark into the bark of Willem Albertsz Blaeuvelt, who testify, witness, and declare, in lieu and on offer of oaths, at the request of the joint owners of the frigate La Garce, of which the above-named Willem Blaeuvelt was captain, that it is true and certain that they, the deponents, being in the said Captain Blaeuvelt's bark, saw, and they recollect very well, that upon July 18, 1649, in the bay of Campechie,[3] there came in the evening a ship which they thought to be the bark or prize of Blaeuvelt, whereupon Blaeuvelt immediately made sail, and turned to the leeward in order that they might the better make her out. The said Blaeuvelt ran up the Prince's flag above and at the stern, not waiting for her, but doing his best to get away from her. About eleven o'clock at night she came up to him, when Blaeuvelt's quartermaster, named Gerrit Hendricksz, called: "Flip, Flip, mate Flip", but received no answer and then cried out, "Strike for the Prince of Orange!"[4] [The Spaniard] answered, "Strike for the King of Spain!" and immediately fired with cannon four shots. The fifth piece failed to go off. The sixth shot struck Blaeuvelt's ship, without his having made any preparations [to fire]; said Blaeuvelt resolved to sail close to the wind in order to get to his people. All which we deponents aforesaid declare to be true and certain, offering on demand to confirm the same by oath. This 27th of September, 1649, on the Island of Manhattan in New Netherland. Signed with a mark of the following shape, , against which is written, "This is the mark of Fyck Herry, made by himself"; a mark of this sort against which is written, "This is the mark of Antony Leon, the Spaniard, made by himself"; then, "Albert Cornelisz", and the mark of Nicolaes Stilwil,[5] both as witnesses of the genuineness of the above marks; and beneath, "Acknowledged before me, Jacob Kip, authorized clerk".

After comparison with its original, dated and signed as17 above, this is found to agree, by me, Jacob Kip, clerk, in the presence of Francooys Noyret and [blank] requested as witnesses hereto, this [blank] September, 1649, in Fort Amsterdam in New Netherland.

Franssoys Noiret, witness.[6]

7. Declaration of the Massachusetts Council, July 20, 1653.[1]

Att A Counsell held at Boston 20th July 1653.

Captaine Robert Harding[2] presenting unto us a certificate in the 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 in18juries and liberties of free trade with any of our inhabitants as any other ships whatsoever have had amongst us.

8. Declaration of Governor Endicott. August (?), 1653.[1]

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 was19 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.

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.]

20

9. Deposition of Matthew Hill. October (?), 1653.[1]

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.

Mathew Hill.

10. Deposition of Francis Blackman and John Dukley. October (?), 1653.[1]

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 say21 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]

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 shoare22 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.

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 Intelligence23 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.

24

12. Order of the Massachusetts Council. January 25, 1654.[1]

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]

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)25 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]

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]

Whereas there was some Information given unto this Court of the Illegall surprisall of the Spanish shipp for26merly 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.

10th 4th 1654

William Torrey, Cleric.[3]

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.27

14. Portuguese Commission (Letter of Marque) to Charles de Bils. February 10 (N.S.), 1658, September 10, 1662.[1]

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 Alyed28 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]

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.

29

15. Commission from de Bils to John Douglas. September 20 (N.S.), 1662.[1]

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

Aug't the 15th 1664.[3]

Edmund Downer.
William Tailer.
John Ford.

30

16. Deposition of William Browne. June 24, 1664.[1]

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:

2ly. That the said William Browne did see when a Jewe did shipp aboarde some goods,[3] and that a Jewe did marke it, and that a Jewe did dispose of the goods which the Shipp brought from Holland and that Jewes name was Isaac Cardozo, and that after the Shipp was taken it was the Mr.'s desire for to bee put ashoare, and his company likewise, for the Mr. of the said Shipp was wounded and the Capt., meeting with a vessell bound for Port Royall in Jameka, did graunt leave to the said Mr. and most of his company for to goe in her for the said Port: as witness my hand this 24. of June 1664:

Taken uppon Oath this 12. of July 1664 in Portsmouth, in Pascatayvay River, in Newe-England, in America; before mee

Brian Pendleton,[4]
Comisioner.

17. Deposition of Marcus Claesz. June 24, 1664.[1]

The deposicion of Markus Claise of Rotterdam borne, passenger in the Blow Dove, when shee was taken, and now prisoner aboarde Capt. John Dowglass.31

That when hee was demaunded of the said Capt. John Dowglass where the Shipp did belong unto, that hee the said Markus Claise did say that the said Shipp did belong unto Amsterdam, and that the Shipp was bound for Amsterdam when shee was taken, and that the Jewes were aboarde before wee set saile, and that most of the Company were Scotts, and after that the said Shipp was taken that the Mr., Robert Cooke, and most of his company did desire of the Capt. to goe ashoare uppon Jameka, and the Capt. meeting with a Barke bound for Port Royall in Jameka did graunt them leave, according to theire desire, to goe in her to the aforesaid Port at Jameka: as witnes my hand this 24. day of June 1664.

Taken uppon Oath this 12. of July 1664 in Pascatayvay River, in Newe-England, in America, before mee:

Brian Pendleton,
Comisioner.

18. Deposition of Bartholomew Martin. June 24, 1664.[1]

The deposicion of Bartholomewe Martin, Spaniard, passenger and now aboarde of Capt. John Dowglass:

That when hee was demaunded of the said Capt. John Dowglass whither hee knewe if the Shipp did belong unto the Jewes, hee answered that hee heard Isaac Cardozo a Jewe tell him privately that the Shipp did belong unto his father in Amsterdam, and that shee was Assigned unto him by his father from Amsterdam, and that the said Bartholomewe Martin did see the Jewes bring Quicksilver, and that hee knowes it is the same which was taken in the Blew Dove: as witness my hand this 24. day of June 1664.

Taken uppon Oath this 12. of July 1664 in Portsmouth, in Pascatayvay River, in Newe-England, in America, before mee:

Brian Pendleton,
Comisioner.

32

19. Commission to James Oliver and Others. July 16, 1664.[1]

Being Credibly Informed of the Arrivall of a ship at Piscatage manned with persons who have Given just cause of suspition and are suspected to have seazed the said ship in a way of piracy or in a undue and Illegall manner, Now that his Maj'ty may have his rights and dues preserved, his Good Subjects the Right owners and proprietors of ship and Goods releived wht [without] any such violent seizures

These are therefore in his Maj'tys name to Authorize and Require yow, Capt. James Olliver, Capt. Edward Hutchinson, upon Receipt hereof forth with to repaire to the sd River of piscatage and there to Apply yourselves to Capt. Brian pendleton and mr. Richard Cutts, who are hereby Alike Authorized and Joyned in Comission with yow, who together or any three of yow are hereby Impowred and Required to make seazure of the Comander, officers and Company of the said ship, whither in piscatage River or in any other Harbor, port or place within this Jurisdiction, in Case they shall Refuse to submitt themselves to your comand Relating to a due triall, to secure the said ship and Goods, and having so secured them yow are to Convey the said persons, shipp and Goods to Boston, that so a due proceeding may be had and made therein according to law and Justice, And that yow may be fully enabled to dischardg the trust here Comitted to yow, All officers and Comanders both by33 land and sea, in those parts, are hereby required in his Maj'tys name on your warrant and order to be ayding and Assisting to you therein, for wch this shall be your and their Warrant.

Given Under our hands, with the seale of the Colony hereto Affixed, at Boston in N E. this 16th day of July 1664.

R B D. F W.

20. Deposition of Daniel Sprague. July (?), 1664.[1]

I, Danell Sprage,

when I wasse Cleer and my wages paid me I Could get noe imployment nor passage, not in three weeks time that I lay there, to goe to the windward Ilands. then I thought good to goe as to Cammanus,[2] to se if I Could get passage their, and I saild with one Captaine Hermon towards the Cammanus, and as wee Came to An iland Called Camman-bricke,[3] their lay Captaine John Duglasse at Anker. he sent his boate abord of us to heer what newse from Jemecoe, and we Asked of them wether they weare bound. the quarter Maistor Answered and said, wee be bound to the windword Ilands. I Asked of them weither I Could have passage with them or noe, and hee saide, "I,[4] and wellcome". then I went Abord with my Chest and Clothes and I staid aboard all the night and Could not speake with the Captaine, but the nixt Mornin as soon as it wasse day I spoke with the Captaine. I desired of the Captaine wether he wasse bound and he told me he wasse looking out for A shipe that Came from Amsterdam in holland to Jemecoe, Called the blew dove, and said, "if I Could meet with her she is A good prise for me. I have beene ten or tewlve dayes aseeking after her and Cannot light of her, but if I Can light of her she is Aprise for me. I have the king of34 Portugalls Commishon". I, danell Sprage, [said] unto Captaine John duglasse, "without your Commishon be very firme and that you be sure you Can Make a prise of her I desire you not to Come neer her, for I know what the ship is and Came out of holland in her". he Answered and said if I would goe a longe with him he would beare me out in all damages that shuld follow or insue upon me Conserning takeing of the prise. then the shipe which I Came from Jemecoe in wasse gon from the Iland over to the Cammanus and their wasse noe other shipe left but only Captaine John Duglasse. I said unto Captaine John Duglasse, "shuld I goe with you, and you shuld Come up with this shipe and take her, and the Company seeing of me they will say that I have been at the Cammanus and have fetched A shipe one purpose to Make a prise of them". Captaine Duglass Answered and said that "I and my Company Can testifie to the Contrarie and as far as my Commishon and my life doth goe I will beare you out Against all them that shall qushton you as Conserning the takeing of this shipe: I am Captaine and I have taken her with my Commishon and I will Answer it".

thes be the men that Can testifie that they weare ten or twelve dayes out in the pursuite after thes ship be fore I Came to them: and have heer unto set their hands.

35

21. Deposition of William Browne. July 25, 1664.[1]

William Browne, age 17 or 18 yeares, Saith that he was to goe passenger for England with mr. Robert Cook, master of the Shipe Called the blow dove of london. the sd. wm. Browne heard the master Say that the Said Ship did belonge to Sr. wm. Davidson in Amsterdam[2] and I know that James wattson who came owt of holand befoire the Ship, did frawght the Sd. Ship with Some goods marked with WD. and I doe not know certanly whether there was ane S. in the midle or not, and that the Said James wattson was going with the Sd Shipe first for England and then for Amsterdam, and that the Sd. wm. Browne did See a Jewe Marke Qwicksilver and wax, which was Shiped Aboard of the Sd. Shipe, which Jewe kept a Shope publickly in Jamaica and did dispose of Some of the goods q'ch [which] came from holdand in the Said Shipe, and I doe know that there was ane English man Aboard which was a pasenger which had Some goods A board, as Cocco, 2 Tunne marked with ane O burned with the Barrell of A mwscket.[3] the Sd Shipe coming out of port Royall with 10 men or there About, with Some passengers, went in Company with Captaine Hatchwell to blewefilds bay,[4] a bowte 20 Leagwes distance from Pt. Royall, and tooke in some watter and Some Ballace, and being at ane Ankore the Captane of a little Barke with his Company boarded them and gave them a voly of Shoat, being in nwmber about 27 men, and being Some what darke the master was Shote in the Arme and the men of the blow dove were put in the howll of the Shipe: and then the Asaylants Cut the Cables, and Caryed away both veshells and them, untill they came to poynt Niggereell,[5] where they met with ane English barke coming from Caymanws and bownd for Porte Royall in Jamaica, where they putte the Said mr. of the blowe dove Aboard According to his desire36 and furnished them with Some victwales and a Caise of Spirits: and after they were gone owt of Sight they lasht there barke aboard of the prise and took most of there things owt of her and Let her goe Adrifte.

There was Aboarde the Shipe when shee was taken from Ro't Cooke bowt 48 hogsheads of Sugar, Some Cocco, Ebbony, Granadilla, Brasilita,[6] Oakem, Stockfish, match, Qwick Silver 29 or 30 Chists, 2 gold Crownes with diveres other Jewelles, 1 Barill of knives, Some Swords, 1 Barill with Sheathes and Corvall, 60 Jares of oyle, 9 Caises with Spirits, 7 or 8 packes of whyte waxe, Lignavita, Gwmme about 5 or 7 pak.

Taken upon oath this 25th of July 1664 befor me
Thomas Savage, Commiss'r.

Acknowledged in Court 5th August 1664.
Edw. Rawson, secret.

22. Deposition of Robert Lord. July 26, 1664.[1]

The deposition of Robert Lord aged 42 yeares July 26, 1664.

Saith

That being at Jamaica about the moneth of January last past, there came in the pincke blew dove which was seized at sea betweene Hispaniola and Jamaica by John Morrice Captn. of the Virgin Queene (an english man of war), who putt two or three of his men aboad to bring her into Jamaica harbor, hee with his man of war bearing her Company neere to the harbour; when the sd blew dove had bin three or foure daies at Jamaica there was a Court of Admiralty appointed for the triall of the sd Blew-dove, it being expected by the sd Captn. Morrice and Company that the sd Ship would have been a prize to them, and their great Argument was that they were sailing towards Cuba before they had seized them, and that they were laden with am37munition and goods sutable to the spanish trade: but uppon triall in the Court, their billes of Lading appeared that they were bound to Jamaica, their cocketts and dispatches being cleere from the Kings Custome-house at Dover; this deponent speaking in Court to Sr Charles Littelton (then sitting Judge of the Court)[2] that hee knew the Master Robert Cooke, and that hee lived in Ratliffe[3] neere to him, which also testifies Captn: Isack Bowles Comander of the Blackmore (one of the Royall Companies Ships),[4] the Governor (Sr Charles Littelton) did thereupon declare them to be a free ship, and to have their liberty of trade as any other Ship whatsoever that was then in the Harbour; And further saith that the aforesd Captn. John Morrice told this deponent that hee had hoped to have had a good prize of the blew-dove, but hee gott nothing of them but an English Ensigne, and a hogshead of strong beare, and that the sd Blew-dove came in with English colours, and did on all occasions weare them.

Taken upon oath, 27: 5: 64. Before me

Elia. Lusher.

23. Deposition of John Hunter. July 26, 1664.[1]

John Hunter Aged a bout 40 years deposeth and sayth

That this deponant was shipped by Captaine Robert Cooke, Commander of the blew dove of London so Caled, to sayle as a sayler in the said shipp from Jameco to Dover and so for Amsterdam: the time this deponant was shipped was about the begining of Aprill Last past in Jameco.

This Shipp blew dove, as I was informed by the people in Jameco, was brought in by a Captaine of a privat man of war uppon susspition that shee was to trade with the Span38iard as a hollander, haveing Jewes Goods on bord as thay Alleged, but was there Clered by the Governer, sir Charles Littelton, and had fower moneths trade there afterwards. this was the Common report of the people there. farther this deponant testifieth uppon his owne knowlidg, being about two moneths a seaman uppon the said Shipp before shee was taken, and when wee Came out of Jameco wee had a let pas[2] from the Governer to saile to dover and there to pay the Kings Customs and from thenc wee were to sayle unto Amsterdam and to deliver our goods unto Sir william Davis[3] or his order, as the bills of Lading maketh manifest, which this deponant did see in the hands of Captaine Dugles Now a prisner, who desired this deponant to Reade the bill of Lading unto him at sea as wee were Coming in to these parts, allso a nother bill of Lading for sum smale quantitie of wax and quicksilver which belonged unto a Jue, as I did aprehend. also I red a nother bill of Lading for severall goods belonging unto an Englishman Living in Jameco, who was going passenger for dover in the said shipp, but was turned a shore in blewfilds bay as the rest were by the said Duglas and his Company. farther this deponant testifieth that Captaine Duglas was at Jameco and did here that this shipp was there Clered and did then tell this deponant that hee would take this shipp, which this deponant towld him hee Could not Legally doe for shee beelonged unto Sir william davis in Amsterdam, his maisties Resident there. this deponant did acquaint Captaine Cooke what the said duglas said. farther this depont testifieth that when we were in blewfilds bay this duglas Came Rowing upp with two oars about eight of the Clock at night. Wee haild them and Asked whenc thay were and thayer Answer was, from the Barbados. wee Asked who was there to friend. thay Answered peter prier,[4] who said thay had lost Camanos and were going to seeke for it Againe, but presently thay Clapt thayer helme a starbord and shered Abord us giving a volly of smale shott,39 in which thay shot our master through the Arme, and so Came on bord and beate us doune in to the howld without Asking of us what wee weare and so Cut our Cable and presently put forth to sea. farther this deponant testifieth that two of the sailers being Englishmen Leaft the said Captaine Cooke at Jameco, uppon which the said Cooke was forced to shipp this deponant and a nother. and farther this deponant sayth not.

Taken upon Oath the 26th of 5th mo 1664
before mee Anthony Stoddard, Comissr.

owned in Court 5th August 1664Edw. Rawson.

24. Deposition of Charles Hadsall. July 27, 1664.[1]

The deposition off Charls Hadsall, aged forty six years or thereabouts:

Testefieth and saith that mr Robt Cooke, Comandor of the shipp blew dove, together with my selfe Comandor of the shipp Lucretia sett sayl from port Royall harbor In Jemaicah with free Lett Pases from Collonall morgan deputy Governer of Jemaicah:[2] And Coming down In Company to blew feilds bay where we Came to An Anchor to fetch our wood and watter on board and as soon as we were at anchor there Came of a Conoo from Capt John Dowglas Lying Closs under the shoar on board of my shipp with two men for to Inquire among my men whether I woold Ingage to defend the shipp blew dove, I then being on board of her the said shipp blew dove, with Squire wattson, Marchant of the said shipp, with whome I went a shoare: and Coming on board about seven a Clok In the Evning with squire wattson to the shipp blew dove and having taken my Leave of him went on board of my owne shipp: and halfe an hour after there Came a Conoo from40 the vessell of sd Dowglass on board of my shipp Lucretiah, where I demanded of the said men that Came In the Conoo whether they were bound: and they Replied for the Camanes, which they said they were formerly bound for and had mist: and now pretended they woold goe with mee to Cemanes: And further saith that they said they woold be at new england before mee. I Replied, "In whatt shipp": they said It was no matter In whatt shipp: and while these men were discoursing with mee Dowglas his barke Clapt the shipp blew dove on board, Cutt her Cables and sett sayle, and the men that were on board my shipp with me went away on board the said shipp blew dove: and soe went away, and three days after the master, marcha[nt] and sum of the Company being putt Into a small vessell Came Into blew feilds bay where I then Rod att Anchor and I going on board of them, saw the master of the shipp blew dove, shott In the arme, who told mee that they the said dowglass and his Company had took all they had from them only the Close uppon his back: And further this deponent saith that squire wattson told him that the shipp blew dove belonged to Sr Wm Davison and Captain Taillur: and that the master and marchant of the said shipp told mee there were Letters on board of the said shipp blew dove for his majesty and the duke of yorke:[3] being such Letters as were Considerable. And further saith that the master and marchant of the shipp blew dove told mee that there was In Jewells on board of said shipp to the vallue of three hundred pound sterling and about thirty Chests of quik silver and sugger he said was on board but I have forgott whatt quantity he spake off. And further this deponent saith that the shipp blew dove Rod In Jemaicah severall sabbeth days with her english Cullers out.

Taken upon oath 27: 5: 64
Before me Elia. Lusher.

owned in Court 5th August 1664 by the sd Hadsell

E.R.[4]

41

25. Petition of John Douglass. August, 1664.[1]

To the honored Governor, Deputy Governor, Majestrates and Deputies of this honoured Generall Court now sitting in Boston in the Massachusetts Colonie of New England.

The peticion of captayne John Duglas late Commandor of the Prise called the Blew Dove of Anserdam in behalfe of himselfe and Company (servants and seamen to the said Ship belonging), whose names are hereunder Subscribed.

Humbly shewing, That whereas the said Ship was seized uppon at Puscataque in his Majesties name about the eighteenth-day of July-last with all the Seamens chests and Clothes save what they have on their backs, And that the said Seamen have bin here about fiveteene dayes without any allowance from the Countrey and not a penny of money to releeve themselves, so that they had perished eare this tyme had they not bin releeved by som freinds, some of which company have bin without victualls three dayes together, They humbly crave this honored Court that they may have a speedy triall whether their prise be a lawfull prise or not, otherwise that they may have their chests, clothes and armes, which request of your Peticioners they humbly crave may be taken into Consideration and they shall, as by duty they ar bound, pray, etc.

John Douglass.

42

26. Plea of John Douglass. (August 8?), 1664.[1]

The tenth day of October, one thousand Sixe hundred Sixtey and Tow, One Capt John Daglas Brought one Commision from the king of Portugall, Sayling out of Lisborren[2] for to Make ware according to His Commision in his Ship Called St John, force 4 Gones, with men and Amunission Convennent, to Make Ware with the Ennemes of the Sayed king.

Having lived about the time of 4 or 5 Monthes about the Ilandes of the Canares with out taking any Prise, this same Capt. tucke Resselution to Sayle to wardes the Endges[3] with his Ship and Men, and After Som dayes of his Arivall to this Enges, som thing Neare the Iland Martenekea[4] he Mett with a man of ware. the Sayed Captaine dagles was ingadged to fight having a great many of his Men kild and wounded and hee him Self Deapley Wounded with a Shote from a Mosquit, the whch Shote Bracke his Arrem, and was in danger of his Life.

And for his helth he and his men was forcest to Retier to the Iland of Monseratt, inhabeated by the Engles under the Goverment of Correnall Roger Asborn.[5] thare this Sayed Capt. was Courtiously Receved by this Sayed Govenar and brought him a shoure, whare hee was in dyett and dwelt a twel month upon this sayed Iland in which this his Sayed Ship which he brought Out of Lisborne Perresed[6] thare and was uncapabell of the ware.

Afterward the Sayed Capt. Dagles he went to Jemekea and the Jenerell of the Iland of Jemekea did Exammine the Commision of Capt. John Dagles, and having found itt Good the Sayed Jenerall gave him Permision to baye[7] a43 frigat for the Sayed ware according to his Commision, and touck men, Arrems and Amunision for the ware with the Ennemis of the king of Portagall, and the Sayed Capt. John Daglas Sayeled from the Iland Jemeake with permision of the sayed Jenearell.

And about 3 Mounth After Sayling out of thees harbor Jemeke, this Sayed Capt. Dagles had Nouse by Severell Engles Vessells that thar was a vessell Redey to Sayell Out of the harbor of Jemeake loden by the Jues under the king of Spaine, and the Sayed Captaine vas very Diligant to mite with the Sayed Shipe, the which Shipe was called the blau Duff, mr. Robart Coxe Commander, and this Sayed Capt. John Daglas had knowledge of this sayed Shipe in the baye of blue fild, whare no one Inhabeted, distant 32 Leages from the harbor of Jemekea, the which Capt. went with his Sayed frigett and found a Commission from the Engea Compenia of Ansterdam,[8] With letters and loden from thes Jues for Ansterdam, and after that toucke the Depousision of 5 prisnores, the which did all Declare that the Sayed Shipe did Beloung to Ansterdam and bound for Ansterdam with his loden, and the Sayed Prisnores Gave the Sayed depusison befor Capt. Pemmellton,[9] Chefe Justes in Pescatabay.

And After the Sayed Capt. John Dagles toucke the prise, Sayled outt of the Channell Called bahem[10] and Steared his Cource to Sayle into portag'll with this his Sayed Prise, to give knowledg to the king of portugall, in which Sayed vaydge wanting vettiells and watter he Arived in Now England for to tack watter and fitt his Ship for this his Sayed vaydge to portugall.

And [after] he did Arive att the port of Pescatabay, the Sayed Capt. Daglas Did Send ashore one of his Offecers to the Sayed Capt. Pemmellton, Justice of Putatabay, desiering Permision to watter and to give him libertey to sell som goods for to baye vittells and to be goine in his vaydge to Portugall.44

And upon his Desier the sayed Justase Capt. Pemmellton Sent word to the sayed Capt. Dagles that hee was verey wellcom and that he had his libertey to doue in seviletey[11] what his mind was and upon this his word the sayed Capt. Dagles was Obleged to him.

And After 8 Dayes the touck the Sayed Capt. Dagles prisnor and his men and seased upon his vessell and goods and pout all his men out and pout outher men abord, the which did Plonder me and my men Just to Ouer Sherts.

Sertenly itt tis a very Sad Cace that a Jntallman[12] of his qualetea Should youse a stranger soe unsivell, because of the Aleance between the Crounes,[13] and not to give him libertey to goe a bout his bousnes—and he had seased my Commision and all my paperes as if I ware an Enneme to the Croune of England.

27. Power of Attorney from Sir William Davidson. September 13,
1664.[1]

Bee it knowne Unto all men by these presents that on the Thirteenth day of the month of September, Anno domini one thousand six hundred sixty and Foure, And in the sixteenth yeare of the raigne of our soveraigne Lord Charles the second, by the grace of God King of England, Scotland, Frannce and Ireland, defendor of the faith, etca. Before me William Allen, notary and tabellion publicke dwelling in this Citty of London, by the Authority of the said Kings Majesty admitted and sworne, and in the presence of the witnesses here after named personnally appeared Sir William Davidson, Knight and Barronett, his Majestyes Royall Commissionner at Amsterdam in Holland, etca., at present45 in this Citty of London, one of the Gentlemen of his Majestyes privy Chamber in ordinary;

Who hath declared that Whereas The ship or Vessell lately Called the Blew Dove of London, where of Robert Cooke of Ratcliffe was lately master and James Watson servant to the said Sir William Davidson Supra Cargoe on the said shipp, or by whatsoever other name the said ship may be Called or knowne, Together with all her Loading of Sugar, quicksilver, Cacau, Tobaccoe, Brazillet wood, and other goods, merchandises, silver mony, and other things whatsoever, lately loaden at Jamaica by the servants of the said sir William Davidson, was (as hee the said William Davidson is Certainely informed) villanously and Roguishly taken by Pyratts, Rovers, and Theeves, Comeing from Jamaica aforesaid; and Brought upp to Boston in New England, or thereabouts; Now hee the said Sir William Davidson hath, in the best manner way and forme unto him possible, made, ordained and Constituted and by these presents in his stead and place doth make, ordaine and Constitute Mr. Francis Willoughby of Charles Towne in New England, merchant,[2] his true and lawfull Atturny, Giving and by these presents graunting unto his said Atturny full power, Commission, and lawfull authority, for and in the name and to the Use of the said Sir William Davidson, to demaund, sue for, leavy, recover, receave and take possession of the said shipp lately Called the Blew dove of London (or by whatsoever other name shee may bee Called or knowne), And all furniture and appurtenances to her belonging, Together with all her Loading of sugar, quick silver, Cacau, Tobaccoe, Brazillet wood, and other goods, merchandises, silver mony, and other things whatsoever, And to make and give such acquittances and discharges as shall be requisite, And in all thinges to follow the orders and directions of the said Sir William Davidson; And further to take, seize upon, and apprehend the said Pyratts, Rovers, and Theeves, and prossecute them according to law, And if neede bee by reason of the premisses to appeare before whatsoever Lords Judges and Justices46 in any Court or Courts, there to answere, defend and reply in all matters and Causes touching or Concerneing the premisses, to doe, say, pursue, Implead, arrest, seize, sequester, attache, Imprison, and to Condemne, and out of prison againe to deliver; And further generally in and Concerneing the premisses to doe all thinges which hee the said Sir William Davidson might or Could doe if that hee should be then and there personnally present, with power to substitute one or more Atturnyes under him with like or lymmitted power and the same againe to revoake; And the said Sir William Davidson doth promise to rattify, Confirme, allow and approove of all and whatsoever his said Atturny, or his substitute or substitutes shall lawfully doe, or Cause or procure to bee donne, in and about the premisses, by vertue of these presents; In witnesse whereof the said Sir William Davidson hath signed, sealed and delivered these presents;

Thus donne and passed at London aforesaid in the presence of Captaine John Tailor of London, merchant,[3] and Mr. Nicholas Corsellis alsoe of London, merchant, as witnesses hereunto required.

In testimonium veritatis
Wm. Allen, Not's Pub'cus,
1664

28. Certificate of Cornelius de Lincourt. April 12/22, 1673.[1]

Lett it bee knowne to all kings, princes and potentates in Christendom and to all those that it may Concerne, how47 that upon the 21th day of aprill 1673 before the River of Virginia have taken and overmastered Under the Comition of his highness my lord prince William the third of Oringe, taken a Cetch called Dergens [?] Coming from Boston out of new england, goeing to the River of Virginia, whearof was skiper John Cox, which ketch I was intended for to burne or to sinck, but after severall Considerations I doe give the same ketch and all that belongs unto her freely and liberaly unto the honorable Capt. Thomas Raddon and Mr. Joseph Fox, whoe both likewise weare taken by mee, to have and to hold as their owne Ketch and to dispose thereof to their owne Content.

Signed by mee in the Ship Called Slanswelvarn at sea the 22th day of Aprill 1673.

I the underwritten do acknowledge that this above mentioned act is done and signed in the presence of my officers and signed by them before skiper Cox, Master of the above mentioned ketch, dated as above.

48

29. Deposition of John Johnson and Henry Harris. April 26, 1673.[1]

The depositions of John Johnson, aged 18 yeers, steersman, and Henry Harris, aged about 24 yeers:

These depon'ts testifie and say that they these deponts together with severall other seamen belonging unto Flushing, under the comand of Capt. Cornelious Lincort, Comand'r of the shipp Slandt Welvaeren, in English the Comonwelth, by vertu of a Comisson from his highness the prince of orange, we came up with the Providence of Falmouth (who was bound to Virginia) in the Latitude of 36: and 40: and tooke her, which when taken these depon'ts and ten more were put on bord her to Keepe and secure her, and after wee had been on bord some hours, in the night wee lost our own shipp and saw them no more, and about seven dayes after wee came up with a Londoner and thinking to take him, four of our company went on bord in the night but never returned, and the next day after the English that belonged to the sd Ship Providence, and some of the other ship before mencioned that wee had on bord with us prisoners, rose and retook her and suppressed us and have brought sd shipp and us into Piscattay River.

Grt Island[2] the 26th April 1673. taken upon oath by the persons above named before me

Elias Stileman, Comisr.[3]

30. Petition of Edward Bant. About April 28, 1673.[1]

To the Honorable County Court now sitting in Boston The humble petition of Edward Bant on the Behalf of himself and the rest of the Company belonging unto the Ship49 called the Little Barklay, being five men in number, Humbly sheweth

That they your Hon'rs petitioners, with the sd ship, were taken about Eighty Leagues East and by North from the Capes of Virginia by a Prize formerly taken by Capt. Cornelius Lincoint, commander of a ship belonging to Flushing called in English the Commonwealth. And the next day following the Commander of the said prize went on board the said Barkley, intending to have taken out her goods to put them on board his own vessell, whilst wee your petit'rs were on board his vessell as prisoners held in the Hold. And then the English Company remaining on board the sd. Barkley surprized them, the sd. Commander and his Company, and sailed away with them. And about six hours after, your petitioners, together with the other English men belonging to the aforesd prize (when in possession of the English), made an Insurrection and took the ship by violence from the Dutch men and have brought her into the harbour at Puscataqua with eight Dutch men prisoners in her, and her goods and Loading secured in the wearhouse of Mr. Nathaniell Fryer.[2]

Whereupon your Hon'rs serious wise Consideration of the premises your petitioners humbly pray your Hon'rs be pleased to order what salvage they shall have out of the said ship and cargo now in Puscataqua, and that with all expedition that may be, because they are all Strangers and willing[3] to returne to their hoames, And lying here upon great Charges, having nothing but what they borrow and cloathes on their back. And as in duty bound they shall pray for your prosperity, etc.

8 May 1673. At a Court of Assistants on adjourmt.

In ans'r to the petition of Edward Bant in behalfe of himself and fower seamen, the Court judgeth it meet to order that Mr. Nathaniel Fryer allow and pay the sum of fiveteene pounds for their salvage, taking their receipts for the same.

past. Edw. Rawson, Secre'ty.

50

31. Order of the Suffolk County Court. April 29, 1673.[1]

At a County Court held at Boston Aprill 29th 1673.

In answer to the petition presented to this Court by Henry King and Edward Bant who lately brought into the River of Piscataquay the Ship Providence of Falmoth, whereof said King was Mate in a voiadge from England to Virginia, in which voiadge they were surprized by a Dutch man of War,[2] and by the Petitioners and Company rescued out of theire hands: who have since Surrendred the said Ship and her loading into the hands of Mr. Nathaniel Fryer for the Securing and looking after both in behalf of the Owners.

This Court doe order and Empower Mr. Elias Stileman and Mr. Henry Deering, together with said Fryer, or any two of them, to take a particular acco't of the state of said ship, and to Inventory the Goods brought in by and belonging to her, and to make provition for the Securing of both for the right Owners, making a return thereof to the present Dept. Govr. by the 7th of May next, and the said Fryer is further ordered to disburse for the Company arrived in the said Ship what may bee for the Supply of theire present necessities, and also order that hee take care that the 8 Dutch men brought in prisoners in the saide Ship bee forthwith brought to Boston before Authority, to be disposed of as the matter may require, and for the other parts of the petition's, touching Salvage or wages, The Court refers them to the Counsell at theire next meeting.

Copia vera per

Isaac Addington, Cler.[3]

32. Petition of Henry King. April 30, 1673.[1]

To the Hon'able the Deputy Governor and Majest's[2] now assembled in Court.51

Hen. King.

Humbly Recommendeth to your worships candid consideration his present case and Condition, hoping to obtaine your worships Juditious approbation therein, to the end and intent that all persons Conserned and Related to the ship providence of Falmouth, which was taken by a Dutch ship of warr on the 4th instant[3] about 40 Leagues short of the Capes of Virginia and Retaken again by the means and directions of your suppliants, who requeste that your worships will please to Grant orders that your petitioner and those other seamen belonging to the said ship who were asistant in Retaking her may have their wages according to agreem't, from the time of their being shipt till the said ship providence with her Loading was brought into pascataqua River and there put into the Custody of Mr. Nathaniel Fryar, who is the Correspondant of one of the Owners of said ship with her Cargoe, where she is to Continue till orders from authority or instructions from the proprietors. Boston 30 Apr. 1673. And Your Petitioner shall Ever Pray.

At a Court of Assistants held in Boston on adjourm't, 8 May 1673.

In answer to the petition of Henry King in behalf of himself and the six seamen according to their Portlidge bills[4] Given into this Court with their declaration, the Court Judgeth it meete to Grant and order that Mr. Nathaniell Fryer pay them their severall wages, he taking their receipts for the same. Past by the Court, as Attest

Edward Rawson, Secrety.

33. Inventory of the Providence. May 5, 1673.[1]

An Inventory of the goods and things taken into the custody of Mr. Nathaniel Fryer that came in the Shipp Providence of Falmouth, of which shipp Mr. Henry King52 was Mate in a voyage from England to Virgenia but now Master.

a large hhd.

a large hhd.

a little hhd.

a little hhd.

a broad hamper.

a box.

54

a box.

a box.

a box.

a box, the baile in it.

a box.

a box.

a small box broak open.

55

a great chest.

What in 3 Chests (of the Seamens)
No. 1.

No. 2.

No. 3.

59

In Obedience to a Warrant Comeing from the County Court held in Boston the 30th day of Aprill 1673, Unto us whose names are hereunder written, for to take an Inventory of the Estate and goods in the Shipp Providence of Falmouth, lately arived in Piscataqua River, etc., and to Render an acco't thereof unto the present Deputy Governor by the 7th of May, wee haveing accordingly done the same61 (as time would afford) Doe Signifie Unto the Honourable Deputy Governor, that the before mentioned particulars are the whole, that to our certaine knowleidg is come (in the said shipp) and that, according to the wrighting at the beginning hereof, they are Secured in the said Fryers hands and the shipp well mored in the harbour at the Great Island in Piscataqua River.

34. Examination of John Johnson. May 5, 1673.[1]

The examination of John Johnson steersman of the frigott commonwealth, Capt. Cornelius Lincourt Comd'r.

December the 15th their stile[2] they came out of Flushing in the above sd Frigott with 20 gunns and ninety six men and boys, bound from Flushing to the Canarie Island, and in their way they tooke a Londoner bound from Malaga laden with fruit, which they sent to the Groyne,[3] and the men they putt on shore at the canaries. from the Canaries we sailed to the Cape de Verd Islands and from thence to Barbados, where they tooke a small French sloope, and from thence we sailed to the Capes of Verginia and in our way we mett with the Providence of Falmouth, which ship we tooke on the 15 day of Aprill, our Stile,[4] in the latitude of the capes, about 30 Leagues to the Eastward. it being a stormy night they drive away under a maine course to the northward. for 2 days afterward they stood in againe to the capes but could not see their frigott, so then we stood away for the Groine, and meet with a small Londoner bound for Verginia, who came abord on us for water, and we took the men being 5 and putt them in to the hold, then he that was Master of the ship went on board the Londoner and those men with him, whome the Londoner carried away,62 so then we followed them but could not overtake him, so the night following the English that were upon Decke conspireing with them in the hold, in the morneing they tooke the ship from us, and brought us to Piscataqua.

Taken in Boston 5 May 1673 before

John Leverett, Dep. Gov.[5]

35. Declaration of Edward Bant and Others. May 8, 1673.[1]

A Declaration of some Occurrents that happened to us in our late voiadge from London in the Ship Barkely of the saide port, Nicholas Prynne Commander, intended for Virginia, Anno 1672/3.

On the twelfth Aprill 1673 being in saide Ship about the Lattitude of the Capes of Virginia about 80 Leagues distant, wee saw a sail towards Evening, and being in want of provitions, seeing her to be a Fly boate,[2] made towards her and came up with her about Eight a clock and hailed them asking them of whence theire Ship. they answered of Falmoth. wee ask't them from whence they came. they answered from Virginia, and called mee by my name and asked mee how I did. wee asked them what places they loaded at. they answered, in Petuxin River.[3] wee told them wee wanted some provitions. they answered us if we would hoise out our Boate and come on boarde, they would spare us water and other provitions what they could. in order thereunto wee did soe, and I being desired by the Master and Merchant[4] to goe on board with the Boate to Endeavor to gett what provitions I could, our Marchant who was the owner also desired mee to stay, and hee and the Doctor would goe with mee as soon as they had sealed theire let63ters. Our Master not having ended his writing the marchant desired him to goe on board with us also and to finish his letter there, and accordingly with three more Seamen wee went on board saide Ship, and when wee came there founded severall Dutchmen on board who had the Command of her, they having lately taken her from the English. the Ship was called the Providence, belonging to Falmoth, Thomas Radden having been lately master of her. the saide Dutchman Surprized six of us and kept us prisoners and sent one of our Company with three Dutchmen on board our Ship, who lay by us till the next morning. then the Dutch Commander comanded our Ships' Boate to come on board his Ship againe, which accordingly they did, hee promising our merchant to take out our goods and to give us our Ship againe, in order whereunto hee provided one hogshead of bread to have given us as hee saide and tooke our marchant with him and went on board our Ship, and about halfe an hour after our Ship made sail and Steered to the westward: and then the Dutch men put us who formerly belonged to her down into the hole and made sail after the saide Ship for about two houres, and seeing they could not come up with her stood on theire course againe to the Eastward, and by receiving advice from those Englishmen that were at liberty were combined together for them to make way for our coming up and soe to rush out upon the Dutchmen at once and to Subdue them, for the rescueing of ourselves and Ship, which with god's blessing wee Effected, without loss of life or bloodshed to any, and then agreed among our Selves to come away with saide Ship to New England, which accordingly wee did and after Eleven days passage by reason of contrary wind and foggy weather arrived in Piscataquay River on the 23th Aprill 1673.

Edward Bant, Mate.
John Ressell.
Jonas Lewis.

Att a Court of Assistants on Adjournment the 8th May 1673, Edward Bant, John Russell and Jonas Lewis de64posed in Court that having subscribed their names to this declaration that it was the truth the whole truth and nothing but the truth:

As Attests       Edward Rawson Sec'ty

36. Declaration of Henry King and John Champion. May 8, 1673.[1]

A Declaracion of some Occurrents that happened us in our late voiadge from Falmouth intended for Virginia in the Ship Providence of Falmoth, Anno 1672/3, Thomas Radden Commander.

About the 12th November 1672 wee sailed from Falmoth in the aforesaid Ship to Plimouth for convoy and there lay till the 15th January following, when wee sailed under convoy with a fleete of about 90 sail. our convoy went with us about 80 Leagues to the Westward of Silly,[2] then with about ten sail more were parted from the fleet and were making the best Emprovement of winde and weather to gaine our port till the 4th Aprill following, when wee between the houres of four and six in the morning saw a Sail upon our weather quarter. wee made what sail wee could, hee giving us chase, in about two houres hee came up with us, showed us Dutch colours, comanded us by the lee and to strike our Topsaile and ancient:[3] wee seeing of him to bee a man of War of Force could make no resistance against him, did accordingly: then the Capt. himself came aboard of us with twelve Dutch men more, showed us his Commission Signed by the Prince of Orange, for the taking of English Ships: the Capt. was named Cornelius Linquoint and commanded the Ship in English called the Commonwealth, of 20 peice of Ordnance. then hee tooke our master, merchant and ten seamen more out of our Ship and left seven of us aboard and soe went aboard his man of war65 againe and ordered the Dutch Steersman, whome hee left with Eleven Dutchmen more on board of our Ship, to Steere after the man of War, and in case wee should bee parted by weather to Saile with our Ship to the Groyne in Galecia, as the said Steeresman informed mee: the same night following wee lost the man of War—the said Capt having told mee that if wee kept Company while the next morning hee would take the Goods out of our Ship on board the man of war and give us our own Ship againe, but having lost Company of him in the night, wee bore up the helme to the Eastward, intending for the Groyne, as the Steersman informed mee. having plied too and againe 6 days hoping to meete with the man of war againe, two days after wee bore up wee saw a sail which made towards us, being about 3 Leagues from us. betweene six and eight aclock in the evening they came up with us, and hailed us asking whence wee were. The Dutch Steersman, standing with a laden pistol presented to my breast, commanded mee to answer them in those words he should dictate to mee, bid mee answer them, of Falmoth, and to tell them wee came from Petuxine River in Virginia, and if they wanted anything if they would hoise out theire Boat and Come aboard wee would supply them, upon which they hoised out theire Boat and the Master, Merchant, Mate, Doctor and two seamen came on board in the Boate, and after they had entred our Ship the Dutchmen Surprized them and sent three Dutchmen on board theire Ship and the Ship staied by us all the night. next morning the Dutchmen intending to goe on board commanded the said Shipps boats on board, who came accordingly, and the Dutch Skipper went on board the aforesaid Ship intending to take out her goods and put on board of our Ship, as hee saide, in order whereunto hee tooke the merchant along with him. about halfe an hour after, the said Ship made sail and steered to the westward. wee in our Ship making Sail followed them between two and three houres, and finding wee could not come up with her left our chase and stood to the Eastward againe, there being five Englishmen belonging to the saide Ship prisoners in our Ships hold. about six houres after, the66 same day, wee Englishmen that were at liberty, by writing to them in the hold, conspired together with them to lett them come up and soe to rush all out together upon the Dutch men and if wee could Subdue them to rescue ourselves and Ship, which accordingly with gods' blessing wee effected without any loss of life or shedding of blood and soe intended to New England, being afraide to goe for Virginia leaste wee should meete the man of War againe and being unable to carry the Ship home for England, and after eleven days lying at Sea by reason of foggy weather and contrary windes wee arrived at Piscataquay in New England aforesaid being 23th Aprill 1673.

Henry King, Mate.
John Champion, Bosson.[4]

At a Court of Assistants held at Boston on Adjou't, 8th May '73, Henry King, John Champyn and John Sennet deposed in open Court that this Declaration is the truth, the whole truth and nothing but the truth. As Attests

Edward Rawson, Secty.

Portlidge bill of Wages due to the Company belonging to said Ship Providence is as followeth:

8 May 1673.

It is ordered that the seamen above shall be allowed and payd their severall wages (according to their Portlidge bills here Given in) by Mr. Fryer, he taking their receipts of the several seamen. As Attests, Edward Rawson, Sec'y.

67

37. Petition of Thomas Raddon. June 10, 1673.[1]

To the Hon'rble the Governour and Magistrates Assembled in Boston,

The humble request of Thomas Raddon is that whereas the authority of this Jurisdiction hath taken care to secure the ship Providence of Fallmouth in old England, wich was brought into Piscataway by reprisall and the Cargo in her, whereof I the said Thomas Raddon was shipped Master by the owners to performe a voiage to Virginia and from thence home againe, for which care I doe in the behalf of myself and owners returne humble and hearty thanks to your worships.

And whereas the Providence of God soe ordering that I am now come myselfe, my humble request is that your worships would bee pleased to give orders that the said ship and Goods may be speedily delivered unto your petitioner, that soe I may (with Gods blessing) proceed in my intended voige for the benefit of my imployers according to my obligation, and your petitioner shall ever pray for your worships prosperity.

Thos. Raddon.

In Boston this 10th of June, 1673.

This was presented to the Hono'ble Jno. Leveret, Esq'r, Gov., the 11th of June 1673. As Attest Edward Rawson.

The Governor and Magistrates having perused the Certificate and finding that Tho. Raddon above, being now arrived, and the rest of the company that was took out of her, was the Master of the said Ship Providence, ordered the Secretary to signify to Mr. Nathaniell Fryer that they advise him to deliver the said ship and what was in her to the said Tho. Raddon, Master, for the use and benefit of the owners, he discharging the charges formerly advised to. As Attest. Edw. Rawson, Secret'y.

68

38. Examination of John Tooly. June 17, 1673.[1]

It was my Chance to be in Lesbon and wanting a woage[2] I shiped my slefe [selfe] A board of a portungal buelt ship, Mr. Orchard Commander, but some five dayes After it plesed the Almyty God to take him out of the woarld, and when that wee was Agoing to bury him I heard the men that was in the boate to helpe Rowe him over the water, for the portugeses would not suffer us to bury him in Lesbone, say that thay would have A Ship Are Longe, but I did not know how, not then, and some one day thay went into the house[3] for thay Could open the Locke of the haches when thay plesed and drawed wine of the Marchantes and soe sate doune to geather to drinke, and I being near, thay not deming of it, I heard them say that thay would asay[4] it all at once, and Liquise[5] that thay would Rune away with the ship, soe I disclosed it to the Master and the Marchant for our Marchant had gone, another master, which was Capt. haddockes second mate, which was then Comander of the Engles[6] ship Lying in Lesbone Rever, John Terry by Name, soe thay tooke three of them and put them in presone at Lesbone. it was the boatswane and two men more, but by Resone that one willam forrest which was Aboard that Gave the suprecargo Mr. John Pane fare words, the suprecargo would not sufer him to be put in to preson, but that hee should Goe the woage, and because thay Could note Geete another Carpenter thay would not put the Carpenter in to preson, but that hee should goe the woage Lyquise, soe the Master John Terry shipd two men more in there Romes which ware English men, Edmun69 Cooke and John Smith, and Afterwards hee shiped 2 Duchmen whose names I know not, and wee ware bound for newfoundland for a sacke,[7] but when wee had been about A weake at sea these two men, namly Willam forrest and John peket the Carpenter, perswaded the other two Engles men, Edmun Cooke and John Smith, and one other Engles which was a board and the two Duch men, to surprise the Master, the suprecargo and Mate, a portungall boy and I, and soe to Rune away with the ship. And waching thare Oppertunity when the Master and the Marchant was a slepe in the Roundhouse, the Mate A Riting in the Cabing, and I was at helme, the Carpenter came into the sterege and cauled the [said?] Edmun Cooke and John Smith out of thare Cabing whare thay ware aslepe, and soe thay went forward togeather into the forcasell and immeadly thay Came Aft agane, the two Duchmen and willam forrest, the Carpenter and Edmun Cooke, John Smith and the other Engles man. soe the two Duchmen and the Englesman that is not named came into the sterege. the other fower wente up upon the Quarterdecke and surprised the Master and the Marchant where thay ware a slepe in the Round house, and the other three sayed to me that if I did offer to stere I was a dead man. soe the Mate hering that in the Cabin where he was a riting salied out of the Cabing in to the sterege. soe thay tooke hould of him and throed him upon his back and soe held him and would not suffer him to ster. soe I rune doune the scutell which was in the sterege and hede my slefe amounge the sayles betweene deckes, for I heard the Master and the Marchant Cry out most petifully. soe I thought to my slife when thare pasene[8] was over that I mite perswaed them to save my Life. soe thay bound the Master and the Marchant and Carryed them forward upon the forcastell. but presenly after thay Loused them agane and put them in to the Greate Cabing all togeather, and would suffer but one to Come upon the deck at a time. the Master and the Marchant profered them that if thay would thay would take a70 drame of the botell and set doune and drink frinds and that all things should be forgoting, but thay would not Exsept of there profer. soe I went upon the deck and desyred them that thay would be plesed to Lend us a sayle, for thay tould us that thay would hoyst out the boate and Give us some provisones and tourne us to shift for our slevs. soe wee desyred to beare up the helme for to put us As neare the Land as thay Could. soe [torn] some 2 howers. soe thay Gave into the boate All neceesaryes, as provisons, wood, water and Lequers, with a sayle and mast and ores, A grapnall and grapnall rope, sayle nedles, twine and pame[9] for to men[d] the sayle. Soe Will Forrest, walking upon the Quater deck with a backe swoard[10] in his hand, Commanded the boat to be hoysted out and all those forenamed nesessarys to be got in to her, with a Compas, Quadrant and a plat,[11] and soe Comanded the Master, the Marchant and the Mate and the portuges boy in to the boate. John Tooley and Allexander[12] —— would have gone into the boate with them, but thay would not suffer us to goe [torn] Master saed [or] asked them [torn] that thay would keepe us but thay would not harking unto them and would not Let us goe.

John Tooley gave in this upon examination as a true narrative of the transaction in the Ship Anthony when she was surprised by forest and Pickard, etc., he the sayd Tooley being of the age of Twenty years or thereabouts.

Before us John Leverett, Gvr.
Edward Tyng.
William Stoughton.

John Terry, M'r, being present when this was spoken by John Toolly before the Govn'r, Mr. Ting, Mr. Staughton and Major Clarke on 17 June '73, being Asked whether what John Toolly had declared was the truth the said Terry71 Ansed he acknowledged the same to be the trueth: As Attests

Edward Rawson, Sec'ty.

19 of November 1673.

This examination of John Toollys being Read in the Councill with the Acknouledg'mt of the Master John Terry that it was the Trueth, The Councill ordered his dischardge from further attending: and that the Secretary Give him the signification thereof to the said John Toolly.

As Attests,