Privateering and Piracy in the Colonial Period / Illustrative Documents

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V. That all such Ships, Goods and Merchandizes taken by Vertue of Letters of Marque or Commissions for Private Men of War, 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 be given in the High Court of Admiralty of England, or some other Court of Admiralty Lawfully Authorized in that behalf, that the said Ships, Goods and Merchandizes are Lawful Prize; and that no Person or Persons, taken or Surprized in any Ship or Vessell as aforesaid, tho' known to be of the Enemy's Party, shall be in Cold Blood killed, maimed, or by Torture and Cruelty Inhumanly Treated, contrary to the Common Usage and just Permission of War: and whoever shall offend in any of the premises shall be severely punished.

VI. That the said Commanders of such Merchant Ships and Vessells, who shall obtain the said Letters of Marque, or Commissions, as aforesaid for Private Men of War, shall not do or attempt anything against the true meaning of any article or articles, Treaty or Treaties depending between Us, or any of Our Allies, touching the freedom of Commerce in the Time of War, and the Authority of the Pass Ports or Certificates under a certain Form in some one of the Articles or Treaties so depending between Us and Our Allies as aforesaid, when produced and shewn by any of the Subjects of Our said 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, Vessells or Goods, but only against the King of Spain, his Vassals and Subjects, and others Inhabiting within His Countries, Territories or Dominions, their Ships Vessells and Goods,—except as before Excepted; and against such other Ships, Vessells and Goods, as are or shall be liable to Confiscation.

VII. That after Condemnation of any Prize, it shall or may be Lawful for the Commanders of such Merchant Ships or Vessells or the Owners of the same, to keep such and so many Ships, Vessells Goods and Merchandizes as shall be Condemned to them, for Lawful Prizes, 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, or of Just Prizes in Time of War; other than wrought Silks, Bengalls, and Stuffs mixed with Silk or [Herbs] 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, Entituled An Act for the More Effectual Employing the Poor by Encouraging the Manufactures of this Kingdom:[4] 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, Vessells, Goods and Merchandizes, so taken and Condemned for Lawful Prize, without any Damage or Molestation to Ensue thereupon to the said Byers, or any of them, by reason of the Contracting or Dealing for the same.

VIII. That if any Ship or Vessell, belong'g to Us or Our Subjects, or to Our Allies or their Subjects, shall be found in Distress, by being in fight, set upon, or taken by the Enemy, the Captain, Officers and Company, who shall have such Letters of Marque or Commission, 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 Enemy.

IX. 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 vertue of the said Commission; and that no person be in any wise reputed or challenged 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 said Subjects ought to be by Law, in their Aiding or Assisting Us, either in their own persons, or otherwise, in a Lawful War against Our declared Enemies.

X. That the said Commanders of such Merchant Ships and Vessells or their Owners or Agents before the taking out Commissions, shall give Notice in Writing, Subscribed with their hands, to Our High Admiral of Great Britain, for the Time being, or Our Commissioners for Executing the Office of Our High Admiral or the Commissioners for Executing that Office for the Time being, or the Lieutenant or Judge of the said High Court of Admiralty, or his Surrogate, of the Name of their Ship, and of the Tunnage and Burthen, and the Names of the Captain, Owners or Setters 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, as also of their Ordnance, Furniture and Ammunition; To the End the same may be Registered in the said Court of Admiralty.

XI. That those Commanders of such Merchant Ships and Vessels, who shall have such Letters of Marque or Commissions as aforesaid, shall hold and keep, and are hereby Enjoyn'd to hold and keep a Correspondence, by all Conveniences, and upon all occasions, from Time to Time, with Our High Admiral of Great Britain for the Time being, or Our Commissioners for Executing the Office of Our High Admiral, or the Commissioners for Executing that office for the Time being, or their Secretary, so as from Time to Time to render and give unto him or them not only an account and Intelligence of their Captures or Proceedings by vertue of such their said Letters of Marque, or Commissions as aforesaid; but also of whatsoever else shall Occur unto them, or be discovered 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 Vessells taken, or by any other ways or means whatsoever, touching or concerning the designs of the Enemy, or any of their Fleets, Ships, Vessells or Parties; and of the Stations, Seas, Ports and Places and of their Intents therein; and of what Merchant Ships or Vessells of the Enemy, bound out or Home, as they shall hear of; and of what else Material in these Cases may arrive to their knowledge, to the End such Course may be thereupon taken, and such Orders given as may be requisite.

XII. That no Commander of a Merchant Ship or Vessel who shall have a Letter of Marque or Commission as aforesaid, shall presume, as they will answer it at their Peril, to wear any Jack, Pendant or any other Ensign or Colour, Usually born by Our Ships, but that besides the Colours born 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,[5] and that One third part of the whole Company of every such Ship or Vessel so fitted out as aforesaid shall be Land Men.

XIII. That such Commanders of Merchant Ships and Vessels who shall Obtain such Letters of Marque or Commissions, 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.

XIV. That all Persons who shall Violate these Instructions shall be severely punished, and also required to make full Repairation to Persons Injured contrary to these Instructions for all Damages they shall sustain by any Capture, Embezilment Demurrage or otherwise.