"Article III. In case the Spanish vessels cruising in the Straits, at the entrance, or the outlet, according to the exigence of the case or the place, and conformably to the orders, with which they may be charged, should judge it necessary to convoy neutral vessels, which are traversing the Straits, or even those which are coasting along Africa, these neutral vessels shall not make opposition to submit to the convoy, without going away from it, or furnishing reasons of suspicion; nevertheless, as they, may arrive in great numbers, and at different times, in such manner that it may become prejudicial to wait for the time to be convoyed, and that, moreover, it would be extremely embarrassing to escort each ship in particular, they shall direct their course conformably to the first article, towards the coast of Africa, and shall follow it until some Spanish vessel, stationed or cruising in the Straits, presents itself to escort them out of sight of the place of the enemy and its avenues; and to this end the vessels, to which the signal shall be given, shall stop, as it was said above, and shall conform themselves to the dispositions made in respect to them, by producing without the smallest difficulty, or resistance, their papers, and submitting to all that which is prescribed by the treaties, and the common law of nations to the end to prove the property of ships, the legality of their documents, as well as of their cargoes and destination.
"Article IV. When such vessels, under the appearance of neutrals, shall come out of ports situated on the coast of Africa, in the Straits, they shall be visited, and treated according to the nature of their cargo, or the suspicions which they shall have excited, of intentions to sail to carry succors to Gibraltar, supposing always that the vessels coming out of the said ports with the design of going into Gibraltar, have in fact hoisted, a neutral flag and abused it.
"Article V. When neutral vessels shall not conform themselves to the said dispositions, in whole or in part, in particular cases, they shall be seized and carried into port, where they shall be declared good prize with all their effects and cargoes, only for being loaded with provisions, or with those sorts of effects specified by the article 15th of the regulation for armed vessels, without there being occasion for any other judicial proof; and, in case that the articles before mentioned should not be found on board of these vessels, the motives of their contravention of these articles shall be juridically examined, and an account of them rendered to his Majesty by the Secretary of State, and of the Department of the Marine, who shall afterwards make known the resolution of his Majesty.
"Article VI. In case, independently of the contravention of these articles, it should be proved that a vessel under a neutral flag should be entered into the place, or discovered going in (which would manifest a visible and formal design of going there) without having lain to, or waited for the Spanish vessel, which should have pursued her and made her the signal, or should have gone far from the coast of Africa, or finally, shall have separated herself from the convoy, she shall be in all respects both in going in and in coming out treated as an enemy's ship, declared according to the tenor of the laws of war to be good prize, as well as all her cargo, and all the crew shall be made prisoners of war; because that in such a case the flag and documents ought to be supposed false, the ship and cargo to belong to the enemy, or that one or the other is destined for his service.
"Article VII. The neutral vessels, which shall be visited by the King's ships, or privateers, upon other seas or coasts of the ocean, and the Mediterranean, which have no communication with the Straits of Gibraltar, shall neither be stopped nor brought into port except in the cases specified by the royal regulation, made the 10th of July, 1779, for privateers; no vexation nor violence shall be exercised against the masters of these ships, nor shall anything be taken away from them, how small soever may be the value of it, under the penalty established by the said regulation, extended even by article nineteenth to that of death, according to the exigency of the case.
"Article VIII. In case the vessels, stopped by the King's ships or privateers, shall throw their papers into the sea, and this fact shall be juridically proved, they shall, for this reason only, be declared good prize; which has been sufficiently made known by the sixteenth article of the regulation for privateers, which treats of this object.
"Article IX. If it shall be proved that in the cargoes of vessels stopped, there should be found some effects the property of the enemy, in such case, if the captain shall have declared it freely, the said effects shall be unloaded alone, the freight of them shall be paid, without retaining long the masters or hindering in any manner their navigation, always provided, that as far as possible the said vessels shall not be put in a situation to run any risk by the taking out the effects before mentioned; a receipt shall be given to the captain for the effects discharged, of the condition they were in, as well as the amount of their freight as far as the place of their destination; which shall be proved by their charter parties or documents, to the end to be able to be satisfied, what shall be their due from the Commissary of the Marine of the first port they shall make, that of which they shall give notice by the way of the Ministry, to the end that if the receipt of which they are the bearers has been given them by a privateer, the amount of it may be paid by the owners, and if it has been furnished them by a King's ship, measures the most convenient in this respect shall be taken, that in case it should be judged absolutely necessary to conduct the said vessels into some port there to discharge them, they may be indemnified for that which shall be due to them, by reason of their freight, for so many days as it shall be judged indispensably necessary for them to take up, both in going to the said ports and in returning; but, nevertheless, in case the captains should conceal the effects, the property of the enemy, or deny that they belong to the enemy, they ought to be pursued juridically, and the Judges of the Marine shall examine the case and decide it, with liberty of appeal to a council of war, who, conformably to the usage of the English tribunals, shall declare lawful prize all these effects, which shall appear legally to belong to an enemy, by means of which, considering the concealment and the denial of the said effects, no account shall be made, neither of the freight nor of the days lost to masters of vessels, since they will have been themselves the causes of the delay occasioned to their navigation.
"Article X. When in the said case, or in others similar, the ships of friends or of neutrals shall be stopped and brought into the ports, other than those of their destination, contrary to the forms prescribed or without having given cause for it by well founded reasons, either by the direction of their course, or by the state of their papers, by some resistance on their part, the nature of their cargo, or by other legal causes, founded either on treaties or the usages of nations universally adopted, the armed vessels, which shall have seized such vessels, shall be condemned to make good the lost days as well as the damages and prejudices caused to a seized ship; this condemnation or justification shall be mentioned in the same sentence, which shall contain the declarations of good or bad prize, and to this end they shall proceed with the utmost despatch without injuring however the privileges or principal points, whereof the nature of the thing requires observance, and the decisions, whether of condemnation or acquittal, ought to be executed under sureties, as it is regulated for the advantage of privateers; and if it happens that the vessels, which should have caused the damage, belong to the King, in that case the tribunals or Judges of the Marine shall give notice of it to the Secretary of your Excellency, sending to him at the same time justifying pieces and their opinion, to the end that his Majesty may ordain convenient damages, and what shall be judged necessary to prevent or remedy like cases; and it is in this sense that the fortieth and other articles of the regulation for privateering ought to be understood.
"Article XI. The sale of prizes and their cargoes, mentioned by the thirtyseventh, fortyfourth, and other articles of the royal ordinance for privateering, shall be made, not only after having prepared an inventory of them, and in presence of the masters of the interested, or of those who are legally authorised, but also skilful persons shall have previously made a formal estimate, in which the causes of avarice, or others influencing more or less upon the price of effects, shall be examined and juridically proved, in such sort, that at all times one may notoriously prove both the price of merchandises taxed before the sale, and consequently the frauds which might be committed during the said sale, as well as the prejudices that might result from them.
"Article XII. The intention of his Majesty being, that this royal declaration be observed, as making part of his ordinances imprinted and published in all his ports and maritime places, the King commands me to transmit it to your Excellency, to have it published to this end, and that you see to its punctual execution, while, on my part, I shall communicate it to all the Ambassadors and foreign Ministers residing in this Court, to the end that each one may give notice of it to his respective nation.