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
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