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 injuries 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 was arrested and some of the company were imprisoned, who were examined apt [apart] what ship it was they had taken and whence shee was, whither of Holland or of Spayne,[3] or wheather they had used any cruelty to any of the Company they tooke, either by wounding, killing or setting any of them ashore upon any Iland or other place to the endangering of there lives. they all agreed in one relation that no such thing was done by them or any man hurt, And there beeing not any person heere to enforme against the[m] and they making it appeare by a dutch certificate under the seale of Amsterdam and by other dutch writings w'ch are extant with us found in the seisd ship, that shee was a dutch ship of Amsterdam sett out by diverse Marchants of that citty, the councell released the said Capt and the rest w'ch had beene inprisoned, And sent to the rest of the ships company that they might freely come into our harbor, where they should have trafficke and protection from all Injuries and liberty of trade with any of our inhabitants as any other ships whatsoever, the ship afterwards came into Salem harbor,[4] And the Governor gave order to have the whole Cargo of goods to be brought ashore, that theire might bee a true Invoyce taken thereof, that the state of England[5] might have the tenth. And the rather because it was reported to be a vessell of great treasury And the account thereof might be expected from the goverment, being brought in to this Jurisdiction, And to the end there might be the better satisfaction given to such as might inquier after it. In Wittnesse of the premisses I have hereunto sett my hand and caused the seale of the Colony to be afixed.

This is A true Coppie Compared with the originall

per Edward Rawson, Secret'y.

[The words "Jno. Endecott Gov'n'r and the seale of the Colony" appear in the margin.]

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

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 say That in the month of May last past There was a Spanish Ship, as it was affirmed to be, taken at Barbados by a company of men that were some of them there resident and some of them inhabitants there, wherein there was eight men of the shipps company when it was taken, and two of them leapt over board and were taken up by other shipps but six of them were taken away with them in the said shipp. And there was a flying report that they were come on shoare againe the same day, but the constant report was that they were not, neither was any of them seene by these depon'ts after they were carryed away whilst these depon'ts remayned in Barbados, w'ch was foure months after.

Francis Blackman.
John ID Dukley.
his marke

11. Letter of Governor Searle of Barbados. November 4, 1653.[1]

Honnored Sr.

Theare arived some sixe mo. since before this Iland a spannish ship belonging to Tennarife (one of the Canary Ilands) Commanded by Emanuell Rodriges, Capt. thereof, who having mett with much contrary weather in theire voiage homewards wer necessitated to put for this place, and being before the Iland sent in theire request to have libertie to wood and water. accordingly it was graunted unto them, with Assurance of receiving like protection, freedome, and libertie in our ports, as any other Nation in league and Amitie with the Commonwealt[h] of England, which gave them Incouridgment to bring theire shipp into harbor within Command of our forts, and having staied and Refreshed themselves some three weeks time and taken in such necessaryes and provicions as they needed, whiles the Comander with the major parte of his men were on shoare abo[ut] theire dispatches, the said ship was Unhappily surprized in the harbor by a wicked deboist[2] Crew of persons, who getting aboard and by force suppressed those few seamen which were in the shipp, Cutt the Cables and sett saile.

Assoone as the surprise was discovered some shott were made at them, but theire resolution to Carry so desperate an Attempt (knowing w't the end would have binn had they fayled therein) and sensiblenesse [?] in theire dispatch to gett the ship without Command, as also the night Coming on, and having the Advantage of winde and Currant, no meanes Could be used to recover the shipp Againe, by which action the Comander, with his men, who but a little before were possessed (as well of theire owne as others Interested) with very Considerable estates, were left on shoare to be Releived by our charitie.

The Inhabitants of this Iland with myself Cannot but have a very great Resentment of so vile an Act, which hath Reflected so much not only uppon Authoritie but the Iland in Generall, and may heareafter reflect to the prejudice of particcular persons heare who trade at the Canary Ilands.

Wee have lately understood these Robbers by fained pretenses and discourses, to Coulor theire Action have endeavored to shelter themselves under your Authoritie in New England, but its hoped and beleived that such persons will not be harboured, nor such Actions Countenanced by you there. if they should it may proove for the future of evill consequence to this Colonie. it was least of all suspected theire Confidence would have led them thither, otherwise wee should from hence have ere this requested your Assistannce for stoping the shipp and goods, and persons of those Robbers, untill the parties concerned therein might have Intelligence of theire being in New England, there to prosecute for theire rights;

The Capt. of the said ship with some others of the Compa. went hence for England hoping there to meete with them, others of them are gonn to some of the leiward Ilands, and some to the Canaries. assoone as Intelligence cann be given to the proprietors at tennarife, you will I judge have some one from thence, to prosecute for theire shipp and goods.

The persons who Committed this Robberie being thorough theire deboistnes brought into Considerable engagements to severall of the Inhabitants of this Iland, had long before sought waies to make escapes from of this place, to Avoide theire Confinement which the lawe would have forced them unto for sattisfaccion of theire just debts; and had not this ship presented, theire Attempts would have binn to have zeased on some other, as since hath binn prooved, which might as well have binn some Vessell heare of your Collony, as any other; theire example have binn encouradgement to others to Attempt the like, but wee are, and shall be as dilligent to prevent the same as possible wee may. if all or some of the cheife of those Robbers (if they are still with you), were sent hither that exemplary Justice might be Inflicted on them, it maybe a meanes to terrify others from such actions for the future.

What Justice you please to execute in this particcular, will not only be well resented by us heare; but also thankefully acknowledged and greately vindicate the Justice of your Authoritie against such as otheruise may be apt to blemish the same.

Since the Surprisall of said shipp here arived another vessell from the Canarie Ilands, to offer trade with the Inhabitants, who notwithstanding the Assurance they receaved from me of freedom and protection therein, yet afterwards being Informed of the Aforesaid action would not trust themselves amongst us but departed; which doe tend much to the prejudice of the Collonie. I shall not further enlarge at present but referr all to your Consideracion; and Commend you to the Almighty in whom I Rest

Yours in what I may to serve you

Daniel Searle.

Berbadoes 4th of November 1653.

a true copy, etc., and the address.

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

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) 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 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.