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
|