REGULATIONS with RESPECT to PRIVATEERS.

Repeated complaints having been made to the government by neutral nations, especially the Dutch, that their ships had been plundered, and their crews maltreated by some of the English privateers, the legislature resolved to provide effectually against any such outrageous practices for the future: and with this view the commons ordered a bill to be brought in for amending and explaining an act of the twenty-ninth year of his late majesty’s reign, intituled, “An act for the encouragement of seamen, and more speedy and effectual manning of his majesty’s navy.” While the committee was employed in perusing commissions and papers relating to private ships of war, that they might be fully acquainted with the nature of the subject, a considerable number of merchants and others, inhabiting the islands of Guernsey and Jersey, presented a petition to the house, alleging, that the inhabitants of those islands which lie in the British channel within sight of the French coast, had now, as well as in former wars, embarked their fortunes in equipping small privateers, which used to run in close with the French shore, and being disguised like fishing boats, had not only taken a considerable number of prizes, to the great annoyance of the enemy, but also obtained material intelligence of their designs on many important occasions; that these services could not be performed by large vessels, which durst not approach so near the coast, and indeed could not appear without giving the alarm, which was communicated from place to place by appointed signals. Being informed that a bill was depending, in order to prohibit privateers of small burden, they declared that such a law, if extended to privateers equipped in those islands, would ruin such as had invested their fortunes in small privateers, and not only deprive the kingdom of the before-mentioned advantages, but expose Great Britain to infinite prejudice from the small armed vessels of France, which the enemy, in that case, could pour abroad over the whole channel to the great annoyance of navigation and commerce. They prayed, therefore, that such privateers as belonged to the islands of Guernsey and Jersey might be wholly excepted from the penalties contained in the bill, or that they, the petitioners, might be heard by their counsel, and be indulged with such relief as the house should judge expedient. This representation being referred to the consideration of the committee, produced divers amendments to the hill, which at length obtained the royal assent, and contained these regulations: That, after the first day of January in the present year, no commission should be granted to a privateer in Europe under the burden of one hundred tons, the force of ten carriage guns, being three-pounders or above, with forty men at the least, unless the lords of the admiralty, or persons authorized by them, should think fit to grant the same to any ship of inferior force or burden, the owners thereof giving such bail or security as should be prescribed: that the lords of the admiralty might at any time revoke, by an order in writing under their hands, any commission granted to a privateer; this revocation being subject to an appeal to his majesty in council, whose determination should be final: that, previous to the granting any commission, the persons proposing to be bound, and give security, should severally make oath of their being respectively worth more money than the sum for which they were then to be bound, over and above the payment of all their just debts: that persons applying for such commissions should make application in writing, and therein set forth a particular and exact description of the vessel, specifying the burden, and the number and nature of the guns on board, to what place belonging, as well as the name or names of the principal owner or owners, and the number of men: these particulars to be inserted in the commission; and every commander to produce such commission to the custom-house officer who should examine the vessel, and, finding her answer the description, give a certificate thereof gratis, to be deemed a necessary clearance, without which the commander should not depart: that if, after the first day of July, any captain of a privateer should agree for the ransom of any neutral vessel, or the cargo, or any part thereof, after it should have been taken as prize, and in pursuance of such agreement should actually discharge such prize, he should be deemed guilty of piracy; but that with respect to contraband merchandise, he might take it on board his own ship, with the consent of the commander of the neutral vessel, and then set her at liberty; and that no person should purloin or embezzle the said merchandise before condemnation: that no judge, or other person belonging to any court of admiralty, should be concerned in any privateer: that owners of vessels, not being under fifty, or above one hundred tons, whose commissions are declared void, should be indemnified for their loss by the public: that a court of oyer and terminer, and gaol delivery, for the trial of offences committed within the jurisdiction of the admiralty, should be held twice a-year in the Old Bailey at London, or in such other place within England as the board of admiralty should appoint: that the judge of any court of admiralty, after an appeal interposed, as well as before, should, at the request of the captor or claimant, issue an order for appraising the capture, when the parties do not agree upon the value, and an inventory to be taken; then exact security for the full value, and cause the capture to be delivered to the person giving such security; but, should objection be made to the taking such security, the judge should, at the request of either party, order such merchandise to be entered, landed, and sold at public auction, and the produce to be deposited at the bank, or in some public securities: and in case of security being given, the judge should grant a pass in favour of the capture. Finally, the force of this act was limited to the duration of the then war with France only. This regulation very clearly demonstrated, that whatever violences might have been committed on the ships of neutral nations, they were by no means countenanced by the legislature, or the body of the people.