company to Justify theire oune act at Berbadoes, (if it were a lawfull act). 2. Because there is probabillitie, some evidence appearing, that severall of the shipps former company that was aboard are missing, wch were not brought into this Jurisdiccion, what is become of them cannot so well be cleered, nor the Case triable any where so well as at the Berbadoes where the fact was donne. 3. Becawse Capt. Harding, Left. Morrice and the rest, as is suspected, have not discovered all the treasure that was in the shipp and thereby have deceaved the Commonwealth of England (In Case it should proove a pricze) which cannot be cleered so well, any where as at Berbadoes, who have as wee are Informed inquired of hr [?] the value of the prize, and the Rather becawse they broke bulke at Pemequid, out of our Jurisdiccion,[4] and that after they had our order, which they seemed to decline by theire Accepting proteccion from Capt. Gilbert Crane, as appeares by proofe, who was in our harbors under the Imploiment of the Parliament of England for masts and Tarre.[5]
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.
[1] Mass. Archives, vol. 60, p. 178.
[2] 1654, new style.
[3] Heylige.
[4] The Pemaquid settlement lay on the Maine coast near the mouth of the Damariscotta River; it belonged at this date to Richard Russell and Nicholas Davison, private proprietors.
[5] Capt. Gilbert Crane, in the King David, went out for this purpose in 1653 and returned to England in 1654.
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 formerly Called the Holy Ghost and since Called the happie Entrance, of which shipp Capt. Robt. Hardinge was Commaunder, yet forasmuch as neither Capt. John Allen who so informed, nor any other person, would Ingage to procecute agaynst the sd Capt. Hardinge and Company, The Court thought it not meete to take Cognizance thereof, after which Capt. Crane undertooke to receive the tenth for the State of England, and whatsoever was Done by him or by mr. Endecot, then Gov'r, or Capt. Breedon[2] or any other person in any respect whatsoever about the sd shipp or Goods or tenth part thereof, neither was nor wilbe owned by this Court in any kind. the Deputyes have past this and desire our hon'rd magists. Consent hereto.
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.
[1] Mass. Archives, vol. 60, pp. 184, 183. On May 3 the General Court had voted that the imprisoned privateers (or pirates) should be released on bonds of a thousand pounds apiece for reappearance when summoned; Records of Massachusetts Bay, III. 344. We have now a conflict between the two houses, the House of Deputies wishing to drop prosecution, the Assistants adhering to the vote of May; id., IV. 196. In October the prisoners were released from their bonds; id., III. 361, IV. 207, 218.
[2] Capt. Thomas Breedon, afterward proprietary governor of Nova Scotia, had bought the ship. Records of Essex Quarterly Courts, I. 319, 320.
[3] Torrey was clerk of the House of Deputies, Rawson secretary of the Court of Assistants. Ensign Jeremiah Howchen, whose dissent from the majority opinion of the deputies is recorded below, was deputy for Hingham.
THE BLUE DOVE.
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 Alyed to this Crowne, Payinge the Customes of sd. Prizes, according to the Rates of the Custome Houses of this Kingdome. Wherefore I Request all Kings, Princes, Potentats, Lords, Republicks, states, theire Leiftenants, Generalls, Admirals, Governours of there provinces, Citties and Portts, Captaines And Corporals of Warr, to give to the said Charles de Bils all the Assistance, helpe and favour, Passage and Entrance into theire Portts, with his said shipp, people, prizes and all things theire unto pertaininge, offerringe my selfe in the like occasion to doe the same, and Command my Governours, Generalls, officers of Warr, to lett them goe and passe with there prizes
