XV. That before any such Letters of Marque or Commissions issue under Seal, Bail with Sureties shall be given before the Lieutenant 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 Appeared —— Who submitting themselves to the Jurisdiction of the High Court of Admiralty of England, Obliged themselves, their Heirs, Executors and Admin'rs to Our Sovereign Lord the King, in the Sum of —— Pounds of Lawful Money of Great Britain, to this Effect, That is to Say, Whereas —— is Authorized by Letters of Marque, or a Commission for a Private Man of War, to Arm, Equip, and set forth to Sea, the Ship called the —— of the burthen of about —— Tons whereof he the said —— goeth Captain, 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 Vessells 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, and such other Ships, Vessels and Goods, as are or shall be liable to Confiscation, excepting only within the Harbours or Roads within Shot of the Cannon of Princes and States in Amity with His Majesty, and whereas he the said —— has a Copy of certain Instructions Approved of and Passed by His Majesty in Council, delivered to him to Govern himself therein, as by the Tenour of the said Commission, and of the Instructions thereto relating, more at large appeareth. If therefore nothing 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 Commission aforesaid and the said Instructions shall in all particulars be well and truly 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 Majesty's 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 Appraizement 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 truly 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: And moreover if the said —— shall not take any Ship or Vessel, or any Goods or Merchandizes belonging to the Enemy, or otherwise liable to Confiscation, thro' Consent or Clandestinely, or by Collusion, by Vertue, Colour or pretence of his said Commission; 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 Majesty's Command.
Harrington.[6]
A True Copy
Exam'd per John Payne D. Reg'r.[7]
[1] Opening pages of "vol. V." (1739-1745) of the manuscript records of the vice-admiralty court held at Boston. These five volumes of records are now deposited with the Suffolk Court Files. They are described by Mr. John Noble in Pubs. Col. Soc. Mass., VIII. 169. A summary of all the cases in this particular volume, wrongly declared then to be the only one extant, is presented in the appendix to B.R. Nichols, Argument in Peele vs. Merchants Insurance Co. (Boston, 1826), pp. 127-132. Various extracts are in Mr. Noble's article, pp. 170-184. War with Spain had been declared Oct. 23. Instructions to privateers were of course issued in every war. Parts of those put forth in 1693, 1705, 1706, and 1744 are printed in F.T. Pratt, Law of Contraband of War (London, 1856), pp. 264-269, 257. Others are in R.G. Marsden, Law and Custom of the Sea, II. 404-435. Of acts of Parliament on privateers and prizes, the latest in force at this date was that of 9 Anne ch. 27, but a fresh act was under discussion in Parliament at this date, and on Dec. 20 the royal assent was given to the act 13 Geo. II. ch. 4, "for the encouraging of seamen to enter into his Majesty's service".
[2] Commission to the Lords of the Admiralty authorizing them to provide for the issue of privateering commissions or letters of marque; see [doc. no. 127].
[3] See [doc. no. 183].
[4] 11 and 12 Will. III. ch. 10.
[5] Like the present red flag of the British merchant marine.