Privateering and Piracy in the Colonial Period / Illustrative Documents

PROVIDENCE ISLAND.

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 6th 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 whatsoever 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.

H. Darley, Deputy.[7]		Ro. Warwick.
W. Say and Seale.		E. Mandeville.
Ro. Brook.	Jo. Pym.	Jo. Gourden.

[1] Public Record Office of Great Britain, C.O. 124:1, p. 118. This document and the next take us back to an almost-forgotten colonial experiment of the English Puritans, contemporary with their undertakings in New England but far removed from them in locality. Old Providence Island—to be distinguished from New Providence (Nassau) in the Bahamas—is an isolated little island in the western Caribbean lying off the coast of Nicaragua. It now belongs to Colombia, and is often called Santa Catalina. In 1630 a company of English investors, desiring to found a Puritan colony, and also to oppose Spain in the Caribbean, obtained from Charles I. a patent for a large area including Providence and other islands. John Pym was their leading member. The history of their colony is interestingly recounted in Professor A.P. Newton's The Colonizing Activities of the English Puritans (New Haven, 1914). The colony became merely a base for privateering against the Spaniards, who conquered and suppressed it in 1641. Thomas Gage, who passed by the island in a Spanish ship in 1637, says, "The greatest feare that I perceived possessed the Spaniards in this Voyage, was about the Island of Providence, called by them Sta. Catarina or St. Catharine, from whence they feared lest some English Ships should come out against them with great strength. They cursed the English in it, and called the Island the den of theeves and Pirates." The English American, or A New Survey of the West-India's (London, 1648), p. 199. For the whole matter of West Indian buccaneering, see Miss Violet Barbour's article, "Privateers and Pirates of the West Indies", in the American Historical Review, XVI. 529-566.

[2] Nathaniel Butler, third governor of Providence Island, sent out with a considerable expedition in April, 1638, had earlier been governor of Bermuda and then a member of the royal council for Virginia.

[3] December 4, 1630. The patent is summarized by Newton, pp. 86-90, and the part conferring admiralty rights is printed in R.G. Marsden, Law and Custom of the Sea (Navy Records Society), I. 470-472.

[4] Henrietta lay some sixty miles southwest of Providence.

[5] A very exceptional grant of power, including the right to grant letters of marque. R.G. Marsden, "Early Prize Jurisdiction and Prize Law in England," in English Historical Review, XXV. 257.

[6] Than.

[7] The signers are as follows. Henry Darley, deputy treasurer, a Yorkshire squire, was a conspicuous Puritan and an intimate friend of Pym. Robert Rich (1587-1658), second earl of Warwick, afterward a chief leader of the Puritans in the Civil War, and lord high admiral under Parliament, had before this been conspicuous in privateering and colonial ventures, and president of the Council for New England. Viscount Saye and Sele (1582-1662) and Lord Brooke (1608-1643), eminent Puritan and Parliamentarian lords, are best known in American history as patentees of the Saybrook colony, but were much more deeply interested in the Providence Island venture. Edward viscount Mandeville (courtesy title borne until his father's death in 1642) is better known as the second earl of Manchester (1602-1671), the celebrated Parliamentarian general. John Pym needs no identification. John Gourdon or Gurdon was an East Anglian squire, neighbor of John Winthrop of Groton.

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 an 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 smale 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 and 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 takeinge 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]; 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.

[1] British Museum, Sloane MSS., 758; pp. 143-173 contain Gov. Nathaniel Butler's "Diary of my Present Employment", extracts from the earlier part of which are given here, exhibiting the dealings of a minor colonial governor with problems of privateering, and incidentally somewhat of his daily life. The whole journal runs from February 10, 1639, to May 3, 1640, and is largely occupied with an unsuccessful privateering voyage in the Caribbean which the governor undertook on his own account. England was not at war in February, 1639, but war had long existed between Spain and the Netherlands, and the depredations carried out from Providence were sure ultimately to provoke Spanish reprisals. It was moreover almost an accepted maxim that there was "No peace beyond the Line", i.e., west of the prime meridian and south of the Tropic of Cancer.

[2] The harbor, and the town of New Westminster, were on the northwest side of the island. There is a map in Newton, opp. p. 12.

[3] Lard.

[4] St. Christopher's was at this time occupied jointly by the English and the French.

[5] In the old sense of prey or plunder.

[6] Warwick Fort overlooked the harbor from its north side. Capt. Samuel Axe, mentioned below, a soldier of the Dutch wars, had made the fortifications of the island.

[7] Tierra Firma, the Spanish Main, or north coast of South America.

[8] Roncador means snorer; the cay is still called by that name. The story of this man's shipwreck and preservation figures in Increase Mather's Essay for the Recording of Illustrious Providences (London, 1684), ch. II. The famous U.S.S. Kearsarge was wrecked on the Roncadores in 1894.

[9] Orange.

[10] Capt. Andrew Carter succeeded Butler, as deputy governor, and lost the island to the Spaniards.

[11] Rev. Hope Sherrard, one of the two ministers of the island, and a rigid Puritan, which Governor Butler was not.

[12] Apparently the party led, through remarkable adventures, by the other minister, Rev. Nicholas Leverton. See Calamy, Nonconformists' Memorial, I. 371.

[13] At the extreme north point of the island.

[14] The queen of Bohemia for whom the pinnace had been named was the princess Elizabeth, the ill-fated daughter of James I.

[15] Capt. Robert Hunt, governor 1636-1638, and an experienced soldier.

[16] The preceding document associates the council of war in the governor's exercise of admiralty jurisdiction.

[17] Dues to the proprietors, under their patent.

[18] Representative of the crown or proprietors.

[19] Inflicted.

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