Instructions for the Commanders of private Ships and Vessels employed in Trade, or retained in our Service, which shall or may have Commissions pursuant to an Act passed in Parliament in the Seventeenth Year of our Reign, enabling our Commissioners for executing the Office of Lord High Admiral of Great Britain, to grant Commissions for the seizing and taking all Ships and Vessels, Goods, Wares, and Merchandizes, Chattels and Effects whatsoever, belonging to the Inhabitants of the Colonies now in Rebellion; and all Ships and Vessels, with their Cargoes, Apparel and Furniture, belonging to our Subjects in Great Britain or Ireland, which shall be found trading to or from the said Colonies, contrary to the Provisions of an Act passed in Parliament in the Sixteenth year of our Reign, prohibiting all Trade and commerce with the Colonies of New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pensilvania, The three lower Counties on Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, during the continuance of the present Rebellion within the said Colonies respectively. Given at our Court at St James's, the 27th day of March 1777, in the Seventeenth Year of Our Reign.
Article 1st That the Commanders of private Ships and Vessels employed in Trade, or retained in our Service, being duly commissioned thereto, shall and may lawfully set upon ,by force of Arms, and subdue and take the Ships and Vessels, Goods, Wares, and Merchandizes, of the Inhabitants of the said Rebellious Colonies; and all Ships and Vessels, with their Cargoes, Apparel and Furniture belonging to our Subjects in Great Britain or Ireland, which shall be found trading to or from the said Colonies, contrary to the Provisions of the said Act. But so as that no Hostility be commited, nor prize attacked, seized or taken within the Harbours of Princes and States in Amity with us, or in their Rivers or Roads within Shot of their Cannon unless by Permission of such Princes or States, or of their Commanders or Governors in Chief in such places.
Art. 2d That the Commanders of Ships and Vessels so Commissioned as aforesaid; shall bring all Ships, Vessels, and Goods which they shall seize a'nd take into such Port of this our Realm of England or some other Port of our Dominions not in Rebellion as shall be most convenient for them, in order to have the same legally adjudged in our High Court of Admira:lty of England, or before the Judges of any other Admiralty Court lawfully authorised within our Dominions.
Art. 3d That after such Ships, Vessels and Goods, shall be taken and brought into any Port, the Taker, or one of His Chief Officers, or some other person present at the Capture, shall be obliged to bring or send, as soon as possibly may be, three or four of the principal of the Company (whereof the Master, Mate or Boatswain, to be always two) of every Ship or Vessel so brought into Port, before the Judge of our High Court of Admiralty of England, or his Surrogate, or befme the Judge of such other Admiralty Court, within our Dominions, lawfully authorised 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 concerning the Interest or Property of such Ship or Ships, Vessel or Vessels, and of the Goods, Merchandizes, or other Effects found therein; and the Taker shall be farther obliged, at the time he produceth the Company to be examined, and before any Monition shall be issued, to bring and deliver into the Hands of the Judge of the High Court of Admiralty of England, his Surrogate, or the Judge of such other Admiralty Court, within our Dominions lawfully authorised, or others commissioned as aforesaid, all such Papers, 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 Ship. The Taker, or one of his Chief Officers, or some other person who was present at the Capture, 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, and taken without any Fraud, Addition, Subduction or Embezzlement, or otherwise to Account for the same upon Oath, to the Satisfaction of the Court.
Art. 4th That the Ships, Vessels, Goods, Wares, Merchandizes, and Effects taken by virtue of our Commissions as.aforesaid, 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 authorised in that Behalf, that the Ships, Goods, and Merchandizes are Lawful Prize.
Art. 5th 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 Enemy, or by Reason of any other Accident, the Commanders, Officers, and Company of such Merchant Ships, or Vessels as shall be so commissioned as aforesaid, shall use their best endeavours, and give Aid anct Succour to all such Ship and Ships, and shall, to the utmost of their power, labour to free the same from the Enemy, or any other Distress.
Art. 6th That that the Commanders of such Ships and Vessels before the taking out Commissions, shall make application in Writing, subscribed with their Hands to our Jiigh Admiral of Great Britain, or our Comn;iissioners for executing that Office for the time being, or the Lieutenant or Judge of the said High Co,ut of Admiralty, or his Surrogate, and shall therein set forth a particular, true and exact Description of the Ship or Vessel employed in Trade, or retained in our Service, for which such Commission is requested, specifying the Cargo thereof, the Burthen of such Ship or Vessel, and the Number and Nature of the Guns, & what other warlike Furniture and Ammunition are on board the same, to what Place the Ship belongs, and on what Voyage bound, and the Name or Names of the principal Owner or Owners of such Ship and Vessel, and the Number of Men intended to be put on board the same, and for what Time they are victualled, also the Names of the Commander and Officers.
Art. 7th That the Commanders of Ships and, Vessels having Commissions as aforesaid, shall hold and keep, and are hereby enjoined to hold and, keep, a Correspondence by all conveniences and upon all occasioqs, with, our High Admiral of Great Britain, or our Commissioners for executing that Office for the time being, or their Secretary; so as from time to time to render and give him or them not only an Account or Intelligence of their Captures and Proceedings by virtue of such Commissions, but also of whatsoever else shall occur unto them, or be discovered and declared to 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 and means whatsoever, touching or concerning the Designs of the Enemy, 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 Ships or Vessels of the Enemy bound out or Home, or where cruizing, as they shall hear of; and of what else material in these Cases may arrive at their Knowledge; to the end such Course may be thereupon taken, and such Orders given as may be requisite.
Art. 8th That no Commander of any Ship or Vessel having a Commission as aforesaid, shall presume, as they will answer it at their peril, to wear any Jack, Pendant, or other Ensign, or Colours usually born by our Ships; but that besides the Colours usually born 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.
Art. 9th That no Commander of any Ship or Vessel so Commissioned as aforesaid, shall ransom or agree to ransom or quit or set at liberty any Ship or Vessel; or their Cargoes, which shall be seized and taken, upon Pain of being deemed and adjudged to be guilty of Piracy, Felony and Robbery upon the Seas, and to be punished accordingly.
Art. 10th That no Prisoners shall be ransomed by the Takers.
Art. 11th That the Commanders of Merchant Ships Commissioned as aforesaid, shall send an Account of all the Prisoners whom they shall take, with their Numbers, Names and Qualities to our Commissioners for executing the Office of Lord High Admiral for the time being, or their Secretary: And with Respect to the Masters and other Persons, and all such others of the Mariners and Crews of the said Prize Ships as shall be seized and taken, not having any pretended Commission for the committing Hostilities upon the High Seas against us and our Subjects, the Takers shall cause them to be put on Board any of our Ships or Vessels of War, and that such of the said Prisoners shall be entered upon the Book or Books of our said Ships or Vessels as they, the Commanders of our Ships, shall respectively think fit: And with Respect to all Prisoners who shall not be put on Board and entered upon the Books of our Ships or Vessels qf War, the Takers shall detain or cause them to be detained and kept in or on Board any Ship or Ships, Vessel or Vessels, until the arrival of such last mentioned Ships & Vessels in some Port in Great Britain or Ireland, or in any part of America not in Rebellion: And with Respect to Prisoners taken on Board Armed Ships or Vessels fitted out with Commission by the pretended authority of the Assembly calling themselves The Congress of the United States of America, or which may or shall be fitted out by any other pretended authority whatsoever contrary to Law, for the committing Hostilities upon the High Seas against us and our Subjects, the Takers shall deliver and cause such Prisoners on their arrival in any Port or Place of Great Britain or Ireland, or elsewhere in His Majesty's Dominions not in Rebellion, to be delivered to the Care and Custody of some Civil Magistrate of such Port or Place, or to such of our Officers and Commanders or others there, who are hereby authorised and required to receive the said Prisoners.
Art. 12th That in case the Commander of any Ship, Commissioned as aforesaid, shall act contrary to these Instructions, or any such farther Instructions of which he shall have due Notice, he shall forfeit his Commission to all intents and Purposes, and shall, together with his Bail, be proceeded against according to Law, and be condemned in Costs and Damages.
Art. 13th That all Commanders of Ships and Vessels so Commissioned, shall by every opportunity send exact Copies of their .Journals to the Secretary of the Admiralty, and proceed to the Condemnation of their Prizes as soon as may be, and without Delay.
Art. 14th That Commanders of Ships and Vessels so Commissioned, shall, upon due notice being given to them, observe all such other Instructions and Orders as we shall think fit to direct from time to dme for the better carrying on this Service.
Art. 15th That all Persons who shall violate these, or any other of our Instructions, shall be severely punished, and also required to make full Reparation to Persons injured contrary to our Instructions, for all Damages they shall sustain by any Capture, Embezzlement, Demurrage, or otherwise.
Art. 16th That before any Commissions for the Purposes aforesaid shall issue under Seal, Bail shall be given with Sureties, 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 less 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
and
who submitting themselves to the Jurisdiction of the High Court of Admiralty of England, obliged themselves, their Heirs, Executors, and Administrators, in the Sum of Pounds of Lawful Money of Great Britain, to this Effect, that is to say, That Whereas is duly authorised by Commission, with the Ship called the
of the Burthen of about Tons, whereof he the said
goeth Master, by Force of Arms to attack, suprize, seize, and take all Ships and Vessels, Goods, Wares and Merchandize, Chattels and Effects, belonging to the Inhabitants of the Colonies of New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, the three lower Counties on Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, now in Rebellion, and all Ships and Vessels with their Cargoes, Apparel and Furniture, belonging to His Majesty's Subjects in Great Britain or Ireland, which shall be found trading to or from the said Colonies, contrary to the Provisions of an Act passed in the last Session of Parliament, intitled, An Act to prohibit all Trade and Intercourse with the said Colonies.
And whereas he the said
hath a Copy of Certain Instructions approved of and passed by His Majesty in Council, as by the Tenor of the said Commission and 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, and of all other Instructions which may be issued in like Manner hereafter, and whereof due Notice shall be given him, but that the Commission aforesaid, and the said Instructions shall in all particulars be well and duly observed ahd performed, as far as they shall the said Ship, Master and Company any way concern; and if thry 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 of foreign States, in Amity with His Majesty, 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 Mafesty, the usual Customs due to His Majesty, of and for all Ships and Goods so as aforesaid taken and adjudged (or 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, through Consent, or Clandestinely, or by Collusion,. by Virtue, Colour, or Pretence of his said Comniission, that then this Bail shall be void, and of norie effect; and unless they shall so do, they do aH hereby severally conseht that Execution shafl issue forth against them, their Heirs, Executors, and Administrators, Goods and Chattels, wheresoever the same shall be found, to the value of the Sum of Pounds before mentioned, and in Testimony of the Truth thereof they have hereunto subscribed their Names.
By His Majesty's Command