Past to the house of Deputys
by order
Richd. Ward Record'r
[1] Manuscript room, New York Public Library.
[2] A forced.
[3] A vote of the general assembly in May, 1725, Records of the Colony of R.I., IV. 361, mentions three quite other persons as claiming to have effected the recapture. No action on Simons's petition is noted in the records.
126. Instructions of George II. to Captains of Privateers. November 30, 1739.[1]
Instructions for the Commanders of such Merchant Ships and Vessells as may have Letters of Marque or Commissions for Private Men of War against the King of Spain, his Vassals and Subjects or others Inhabiting within any of His Countries, Territories or Dominions, by Vertue of Our Commission Granted under the Great Seal of Great Britain, bearing Date the Thirtieth Day of November 1739.[2] Given at our Court at St. James's the 30th Day of November 1739, in the Thirteenth Year of Our Reign.
I. That it shall be Lawful for the said Commanders of Merchant Ships and Vessells, Authorized by Letters of Marque or Commissions for Private Men of War, to set upon by force of arms and to subdue and take the Men of War, Ships and other Vessells whatsoever, as also the Goods, Moneys and Merchandizes, belonging to the King of Spain, his Vassals and Subjects, and others Inhabiting within any of his Countries, Territories or Dominions, and such other Ships, Vessells and Goods, as are, or shall be, liable to Confiscation, pursuant to the Treaties between Us and other Princes, States and Potentates: But so as that no Hostility be committed, nor Prize Attacked, Seized or taken within the Harbours of Princes and States in Amity with Us, or in their Rivers or Roads within Shott of their Cannon.
II. That all Ships of what Nation soever carrying any Soldiers, arms, Powder, Ammunition or any other Contraband Goods, to any of the Territories, Lands, Plantations or Countries of the King of Spain shall be seized as Prizes.
III. That the said Commanders of such Merchant Ships and Vessells shall bring such Ships and Goods, as they have Seized or shall so seize and take to such Port of this Our Realm of England, or some other Port 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 other Admiralty Courts, as shall be Lawfully authorized within Our Dominions: But if such Prize be taken in the Mediterranean or within the Streights of Gibraltar, then the Captor may if he doth not think fit to bring the same to some Port of England, or other Our Dominions, carry such Ship and Goods into the Ports of such Princes or States as are in alliance or amity with us.
IV. That after such Ships shall be taken and brought into any Port the Taker shall be Oblig'd 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 to be always two) of every Ship so brought into Port, before the Judge of the Admiralty of England, or his Surrogate, or before the Judge of such others Admiralty Courts, within our Dominions, as shall be Lawfully Authorized as aforesaid, or such as shall be Lawfully Commissioned in that behalf, to be sworn and examined upon such Interrogatories as shall tend to the Discovery of the Truth,[3] 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 the Judge of such other Admiralty Courts within Our Dominions, as shall be Lawfully Authorized, or others Commissioned 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 Ship; the said Taker or one of his Chief Officers, who was present, and saw the said Papers and Writings Delivered up, or otherwise found on board at the time of the Capture, making Oath, That the said Papers and Writings are brought and Delivered in as they were received or taken, without any Fraud, Addition, Subtraction or Embezilment.