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.]
And in as much as the Said Nicholas Simons is now under a necessity to
leave off his Employment of a Mariner for fear of the Sd. Pirates And
has a new Employment to Seek for his Support he being in but low
Circumstances,
He therefore most humbly prays your Honours would be pleased to take
the premisses into your most just and wise consideration and bestow of
your Bounty upon him as in your accustomed goodness you Shall See
meet.
And your Peti'r as in Duty Bound Shall ever pray etc
Boston May NICHOLAS SIMONS.
1725
The above petitioner was the principle person
in Resqueing the Ship out of the hands of
the pirats, and had Incouragem't of a gratuity
by this Assembly for his good Service.
SAM'L CRANSTON Go'r
Past to the house of Deputys
by order
RICHD. WARD Record'r
_126. Instructions of George II. to Captains of Privateers. November
30, 1739._[1]
[Footnote 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".]
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.
[Footnote 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.]
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.
[Footnote 3: See doc. no. 183.]
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.
[Footnote 4: 11 and 12 Will. III. ch. 10.]
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.
[Footnote 5: Like the present red flag of the British merchant
marine.]
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.
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]
[Footnote 6: William Stanhope, lord Harrington, afterward earl of
Harrington, was one of the two secretaries of state from 1730 to 1742,
and from 1744 to 1746.]
[Footnote 7: Deputy register of the vice-admiralty court in Boston.]
_127. (Draft of) Warrant to Governors to issue Letters of Marque.
April 26, 1740._[1]
[Footnote 1: Public Record Office, Admiralty 1:3674.]
By the Commissioners for executing the Office of Lord High Admiral of
Great Britain and Ireland, etc.
Whereas by an Act passed this present Session of Parliament
(intituled, an Act for the more Effectual securing and encouraging the
Trade of his Majesty's British subjects to America, and for the
Encouragement of Seamen to enter into his Majesty's service)[2] it is,
amongst other Things, therein enacted "That any Person or Persons in
any part of America or elsewhere, by us impowered and appointed,
shall, from and after the fourth Day of January, one thousand seven
hundred and thirty nine, at the Request of any British Owner or Owners
of any Ship or Vessel, giving such Bail and Security as have been
usually taken upon granting Commissions, or Letters of Marque (except
only for the payment of the Tenths of the Value of Prizes which shall
be taken, to the Lord High Admiral, or Commissioners for executing the
Office of Lord High Admiral for the time being) cause to be issued
forth in the usual manner, one or more Commission or Commissions, to
any Person or Persons whom such Owner or Owners shall nominate to be
Commander; or in case of Death, successively Commanders of such Ship
or Vessel, for the attacking, surprizing, seizing and taking, by and
with such Ship or Vessel, or the Crew thereof, any Place or Fortress
upon the Land, or any Ship or Vessel, Goods, Ammunition, Arms, Stores
of War, or Merchandizes, belonging to or possessed by any of his
Majesty's Enemies, in any Sea, Creek, Haven, or River",
[Footnote 2: 13 Geo. II. ch. 4.]
These are therefore to impower you, Edward Trelawny, Esquire, Governor
of Jamaica,[3] and by these Presents we do impower and appoint you the
said Edward Trelawny, Esquire, to cause to be issued forth, pursuant
to the said Act, by Warrant under your Hand, and the Seal of the said
Island, directed to the Judge of the Admiralty of the said Island of
Jamaica, Commissions or Letters of Marque, at the Request of any
British Owner or Owners of any Ship or Vessel, to any Person or
Persons whom such Owner or Owners shall nominate to be Commander; or
in case of Death successively Commanders of such Ship or Vessel; and
to cause such Bail and Security to be taken as is directed by the said
Act, and moreover to cause that, in granting such Commissions or
Letters of Marque, all other Things be had and done conformable to,
and as the said Act requires. For which this shall be your Warrant.
Given under our Hands and the Seal of the Office of Admiralty this
---- Day of ---- 1740.
[Footnote 3: Governor of Jamaica from 1738 to 1752.]
To ----
_May it please your Lordships,_
This contains a Draught of an Instrument submitted to your Lordships,
as proper to be signed, and issued out to the Governors of his
Majesty's Colonies and Islands in America, prepared by me; pursuant to
your Lordships Order of the 15th of April 1740.
E. ISHAM.[4]
April 26th 1740.
[Footnote 4: Edmund Isham, advocate general of the Admiralty.]
DUMARESQ VS. THE _AMSTERDAM POST_.
_128. Record of the Admiralty Court, and Libel. July 23, August 30,
1740._[1]
[Footnote 1: Records of the admiralty court, Boston, Suffolk County
Court-house, vol. V.; see doc. no. 126, note 1. It is to be understood
that the libel, and the other documents which follow, nos. 129-143,
are to be found imbedded in the record of the case in the volume
named, not separate. The case is interesting as showing some of the
deceptions which might be, and often were, resorted to in time of war.
War existed between Great Britain and Spain; the Dutch were neutrals.
Briefly, the _Amsterdam Post_ was provided with two sets of papers,
one Spanish, to be used in case she were overhauled by a Spanish
war-vessel or privateer, one Dutch, to be used in case she fell into
British hands. Robert Auchmuty was judge of the admiralty court in
Boston from 1733 to 1747.]
At a Court of Admiralty holden at Boston before the Hono'ble Robert
Auchmuty Esq., Judge of said Court, the 30th day of August A.D. 1740.
New Engl'd }
Prov. of the Massa's Bay } Boston, July 23, 1740.
To the Hono'ble Robt. Auchmuty, Esqr., Jud. of Vice Adm'ty.
The Libel of Philip Dumaresq,[2] Commander of the Private Man of War
Sloop _Young Eagle_ of Boston, Sheweth,
[Footnote 2: Philip Dumaresq, son of Elias Dumaresq, seigneur des
Augres in the island of Jersey, and of Frances de Carteret, came to
Boston before 1716, and died there in 1743 or 1744. He was one of the
first vestrymen of Trinity Church.]