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.
[1] Mass. Archives, vol. 60, p. 178.
[2] 1654, new style.