and Goods as they have seized or shall so seize and take to such Port of this our Realm of England or some other part of our Dominions as shall be most convenient for them in order to have the same legally adjudged in Our High Court of Admiralty of England or before the Judges of such the admiralty's Court as shall be lawfully authorized within Our Dominions. 3dly That after such Ships shall be taken and brought into any Port, The Taker shall be obliged to bring or send, as soon as possible may be Three or Four of the Principal of the Company (whereof the Master and the Pilot be always two) of every ship so bro't into Port, before the Judge of the Admiralty of England, or His Surrogate or Such as shall be lawfully commissionated in that behalf to be sworn and examined upon such Interrogatories as shall tend to the discovery of the Truth touching the interest or Property of such Ship or ships and of the Goods and Merchandizes found therein : And the Taker shall be further obliged at the time he produceth the Company to be examin'd to bring and deliver into the hands of the Judge of the Admiralty of England his Surrogate or others comissioned as aforesaid all such Passes, Sea-briefs Charter-Parties Bills of Lading Cockets Letters and other Documents and writings as shall be delivered up, or found on Board any such ships; the said Taker or one of his Chief officers who was present and saw the said papers and Writings deliver'd up or otherwise found on Board at the time of the Capture making Oath That the said papers and writings are bro't and deliver❜d in as they were received or taken without any Fraud Addition Subduction or Embezzlement. 4ly That all such Ships Goods and Merchandizes taken by virtue of Letters of Marque and Reprisal shall be kept and preserved and no part of them shall be sold spoiled wasted or diminished and that the Bulk thereof shall not be broken before Judgment given in the said Court of Admiralty that the Ships Goods and merchandizes are lawful Prize; and that no person or persons taken or surprised in any ship or vessel as aforesaid though known to be of the Spaniards Party shall be in cold blood killed mained or by torture or Cruelty inhumanly treated contrary to ye common usage and just permission in such cases; And whosoever shall offend in any of the Premisses shall be severely punished. — 5ly That the said Merchants Commanders of ships and others who shall obtain the said Letters of Marque & reprisals as aforesaid for Private Men of War shall not do or attempt any thing against the true meaning of any Article or Articles Treaty or Treaties depending between Us, and any of Our Allies and shall not do or attempt anything against Our loving Subjects or the Subjects of any Prince or State in amity with us nor against their ships Vessels or Goods but only against the King of Spain his Vassals and subjects and others inhabiting within his Countries Territories or Dominions their Ships Vessels and Goods. 6ly That after Condemnation of any Prize it shall or may be lawful for the said Merchants and others to keep such and so many ships Vessels Goods and Merchandizes as shall be condemned to them for lawful Prize in their own Possession to make sale or dispose thereof in open market or otherwise to their best advantage in as ample manner as at any time heretofore has been accustomed in Cases of Letters of Marque and Reprisals; other than wrought Silks Bengalls and Stuffs mixed with Silk or Iterba of the manufacture of Persia China or East India or Callicoes painted dyed, printed or stained there which are to be deposited for exportation according to the directions of an Act. made in the Eleventh year of the Reign of the late King William Entitled an Act for the more effectual employing the Poor by encouraging the Manufactures of this Kingdom; And that it shall be lawful for all manner of persons as well our Subjects as others according to Law to buy the said Ships Vessels Goods and Merchandizes, so taken and condemned for lawful Prize without any damage or molestation to ensue thereupon to the said Buyers or any of them by reason of the contracting or dealing for the same. 7ly That if any ship or vessel belonging to us or our Subjects shall be found in distress by being in fight set upon or taken by the Spaniards the Captain Officers and Company who shall have such Letters of Marque and Reprisals as aforesaid shall use their best endeavours to give aid and succour to all such ship or ships and shall to the utmost of their power labour to free the same from the Spaniards. gly That Our Subjects and all other Persons whatsoever who shall either in their own persons serve or bear any Charge or adventure or in any sort further or set forward the said adventure according to these Articles shall stand and be freed by virtue of the said Letters of Marque and reprizals and that no Person be in any wise reputed or challang'd for an offender against our Laws but shall be freed under our Protection of and from all trouble and vexation that might in any wise grow thereby in the same manner as any other our Subjects ought to be by Law in their aiding and assisting us either in their own Persons or otherwise. gly That the said Merchants and others before the taking out letters of Marque and Reprisals shall give notice in writing sub scribed with their hands to Our Comissioners for executing the office of our High Admiral of Great Britain or the Lieutenant or Judge of the said Court of Admiralty or his Surrogate of the name of their Ship and of the Tunnage and Burthen and the names of the Captains Owners or Letters out of the said Ship with the number of men and the names of the Officers in her and for what time they are victualled and also of their ordnance Furniture and Ammunition to the end the same may be registred in the said Court of Admiralty. Ioly That those Merchants Captains and others who shall have such Letters of Marque and Reprisals as aforesaid shall hold and keep, and are hereby enjoyned to hold and keep a Correspondence by all Conveniences and upon all occasions from time to time with Our Comissioners for executing the office of High Admiral of Great Britain or their Secretary so as from time to time to render and give unto them not only an account or intelligence of their Captures or proceedings by virtue of such their Said Letters of Marque and Reprisals aforesaid; but also of whatsoever else shall occur unto them or be discover'd or declared unto them or found out by them by Examination of or conference with any Mariners or Passengers of or in the Ships or vessels taken or by any other ways or means whatsoever touching or concerning the Designs of the Spaniards or any of their Fleets Ships Vessels or Parties; and of the Stations Seas Ports and Places and of their Intents therein; and of what Merchant Ships or Vessels of the Spaniards bound out or home as they shall hear of; and of what else material in these Cases may arrive to their knowlege to the end such course may be thereupon taken and such orders given as may be requisite. II. That No Commander of a Merchant Ship who shall have a letter of Marque or Reprisals shall presume as they will answer it at their Peril to wear any Jack Pendant or any other ensign or Colours usually borne by our ships but that besides the Colours borne usually by Merchant Ships they do wear a Red Jack with the Union Jack described in the Canton at the upper Corner thereof near the Staff and that one third part of the whole Company of Every such Ship or Vessel so fitted out as aforesaid shall be land Men. 12. That such Merchants Commanders of ships and others who shall obtain such Letters of Marque and Reprisals as aforesaid shall also from time to time upon due notice being given them observe all such other Instructions and orders as we shall think fit to direct for the better carrying on of this Service. 13. That all Persons who shall violate these Instructions shall be severely punished and also required to make full reparation to Per sons injured contrary to these Instructions for all damages they shall sustain by any Capture Embezzlement Demurrage or otherwise. 14. That before any such Letters of Marque and Reprisals Issue under Seal Bail with sureties shall be given before the Lieut and Judge of our High Court of Admiralty of England or his Surrogate in the Sum of three thousand pounds Sterling if the Ship carries. above one hundred and fifty Men; and if a lesser number in the sum of fifteen hundred pounds sterling; which Bail shall be to the Effect and in the form following. Which Day Time and Place Personally appeard. Who submitting themselves to the Jurisdiction of the High Court of Admiralty of England, obliged themselves their Heirs Executors and Administrators to our Sovereign Lord the King in the Sum of pounds of lawfull mony of Great Britain to this Effect That is to say whereas is authorized by Letters of Marque or Reprisal for a Private Man of War to Arm Equip and set forth to sea the Ship called the of the burthen of about goeth Captain Tons whereof he the said with Men ordnance ammunition and victuals to set upon by force of Arms and to subdue seize and take the Men of war ships and other Vessels whatsoever together with the Goods Monies and Merchandizes belonging to the King of Spain or to any of his Vassals and Subjects or others inhabiting within any of His Countries Territories or Dominions whatsoever excepting only within the Harbours or Roads within shot of the Cannon of Princes and States in Amity with His Majesty. And whereas the said has a Copy of Certain Instructions approved of and passed by His Majesty in Council deliver'd to him to Govern himself therein as by the tenour of the said Letters of Marque or Reprisal and of the Instructions thereto relating more at large appeareth. If therefore nothing shall be done by the said or any of his Officers Mariners or Company contrary to the true meaning of the said Instructions, but that the letters of Marque or Reprisal aforesaid and the said Instructions shall in all Particulars be well and duly performed and observed as far as they shall the said Ship Captain and Company any way concern And if they or any of them shall give full Satisfaction for any Damage or Injury which shall be done by them or any of them to any of His Majestys Subjects or Allies or Neuters or their Subjects; And also if the said and his officers and Mariners shall duly and truly pay or cause to be paid to His Majesty or to such Person or Persons as shall be by His Majesty authorized to receive the same the just Tenths or tenth part according to the due and legal appraisment of all such Ships and Goods as shall be by them or any of them taken or seized and shall be by due Course of Law adjudged to be good and lawful Prize: and also shall duly and truely pay or cause to be paid to His Majesty or the Customers or Officers appointed to receive the same for His Majesty the usual Customs due to His Majesty of and for all Ships and Goods so as aforesaid taken and adjudged for Prize: That then this Bail shall be void and of none effect; And unless they shall so do they do all hereby severally consent that Execution shall Issue forth against them their Heirs Executors and Administrators Goods and Chattels wheresoever the same shall be found to the value of the said sum of pounds before mentioned. And In Testimony of the Truth thereof they have hereunto subscribed their names By His Majestys Command Holles Newcastle Copy of what was Given in by His Excellency Governor Belcher to register in the Secretarys office febry 1st 1739-40 Richd Waldron Secy [For other documents relative to the war against Spain, see Vol. V., pp. 41-45, 47–52. — ED.] [3-75] L. S. [Instructions to Privateers, November 26, 1739.] At the Council Chamber Whitehall the 26th of November 1739- The Lords of His Majestys most Honourable Privy Council -Whereas there have been formerly great Irregularitys in the manner of Granting Commissions in the Plantations to private Ships of War, and whereas for preventing the like for the future the Governors of His Majestys Colonys & Plantations in America are particularly required by their Instructions to govern themselves according to the Commissions & Instructions Granted in this Kingdom - It is therefore this day Ordered in Council that Copys of the Commissions & Instructions Directed by His Majesty to be Issued here upon occasion of the present War with Spain Be transmitted to the Governors or Commanders in Chief of all His |