[Footnote 1: Ma.s.s. Archives, vol. 60, p. 215. A copy of the Portuguese original is in the archives, as well as this rough translation. The dates are new style. The grantor was King Alfonso VI., brother of Catharine of Braganza, queen of England from 1662 to 1685. War with Spain had continued since the Portuguese revolt of 1640. This series of papers shows well to what abuses the whole system of letters of marque was open. For an English commission, of later date (1741), see doc. no. 144.]

Alfonso, by the grace of G.o.d 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 a.s.sistance, helpe and favour, Pa.s.sage 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 pa.s.se 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 pa.s.se him Another With safety [?] I commanded itt to bee past him outt of the Register Booke, W'ch Is the same declared above. given in lisbone the tenth of September six hundred sixty two.

frances Pereira da cunha caused itt to bee written.

(Sealed with the Armes of portugall.)

THE KING.[2]

[Footnote 2: When the original commission was issued the king was a minor, and it was signed by his mother the queen regent, Donha Luiza; but in June, 1662, by a palace revolution, King Alfonso a.s.sumed authority.]

The Patent by w'ch your Mag'tie was pleased to nominate Charles de Bils for captaine of a warr shipp of One Hundred tonnes, w'ch hee offerred to furnish att his owne Cost with such Boates as hee shall thinke nessesarie and to provide them with Gunnes, People, Ammunitions, and victuals that hee thinks needfull. Reformed. By Your Mag'tie.

_15. Commission from de Bils to John Douglas. September 20 (N.S.), 1662._[1]

[Footnote 1: Ma.s.s. Archives, vol. 60, p. 216.]

By his mag'ties decree of the tenth of october 657, And Dis.p.a.ch 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, Const.i.tute and doe Const.i.tute 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 Const.i.tuted 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 a.s.signed over by Sayd Charles de Bills unto Capt John Duglas as witnes our hands

[Footnote 2: Doc.u.ments 14 and 15.]

Aug't the 15th 1664.[3]

[Footnote 3: Old style, presumably.]

EDMUND DOWNER.

WILLIAM TAILER.

JOHN FORD.

_16. Deposition of William Browne. June 24, 1664._[1]

[Footnote 1: Ma.s.s. Archives, vol. 60, p. 218a.]

The deposicion of William Browne, pa.s.senger with Mr Robert Cooke, in the _Blow Dove_, and now prisoner aboard Capt. Jno. Dowgla.s.s:

That when hee was demaunded of the said Capt. John Dowgla.s.s where the said Shipp did belong unto, that the said William Browne did saye that hee heard the Mr say severall times, that the said Shipp did belong unto Amsterdam, and that the said Shipp was bound for Amsterdam, and that most of the company[2] were Scotts:

[Footnote 2: Crew.]

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 ash.o.a.re, 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:

[Footnote 3: At Port Royal, Jamaica. The _Blue Dove_ was taken between Jamaica and Hispaniola, while sailing for Amsterdam.]

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

BRIAN PENDLETON,[4]

Comisioner.

[Footnote 4: Brian Pendleton was a selectman of Portsmouth, and one of its leading men.]

_17. Deposition of Marcus Claesz. June 24, 1664._[1]

[Footnote 1: Ma.s.s. Archives, vol. 60. p. 218.]

The deposicion of Markus Claise of Rotterdam borne, pa.s.senger in the _Blow Dove_, when shee was taken, and now prisoner aboarde Capt. John Dowgla.s.s.

That when hee was demaunded of the said Capt. John Dowgla.s.s 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 ash.o.a.re 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]

[Footnote 1: Ma.s.s. Archives, vol. 60, p. 217a.]

The deposicion of Bartholomewe Martin, Spaniard, pa.s.senger and now aboarde of Capt. John Dowgla.s.s:

That when hee was demaunded of the said Capt. John Dowgla.s.s 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 a.s.signed 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.

_19. Commission to James Oliver and Others. July 16, 1664._[1]

[Footnote 1: Ma.s.s. Archives, vol. 60, p. 220. Of the persons commissioned, Oliver was a prominent merchant in Boston; Hutchinson was a son of Anne Hutchinson, and was killed in King Philip's War; Pendleton and Cutts were selectmen of Portsmouth. The signatures are those of "Richard Bellingham, Deputy" (Governor), and Francis Willoughby of the Court of a.s.sistants; see doc.u.ment 27. Four days later, July 20, 1664, Samuel Maverick, coming out from England as one of the four commissioners to regulate New England, writes to Capt.

Thomas Breedon from Portsmouth, "It hapned, that as wee were ready to come in, There went out from hence a Pinck [small ship with narrow stern], taken as a prize by a ship of Jamaica, but by authority from the Governor of the Ma.s.sachusetts, the prize was as I understand seized upon and those that first took her, secured as prisoners by Capt. Oliver, and carryed for Boston," and he remonstrates against this as a usurpation of the commissioners' authority. _N.Y. Col.

Doc._, III. 65.]

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 by land and sea, in those parts, are hereby required in his Maj'tys name on your warrant and order to be ayding and a.s.sisting 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.