to the Queen in council. 22 Geo. 2. c. 3. Party aggriev- VIII. Provided nevertheless, and it is hereby further enacted ed may appeal by the authority aforefaid, That if any captor or captors, claimant or claimants, fhall not reft fatisfied with the sentence given in fuch court of admiralty, it shall and may be lawful to the party or parties thereby aggrieved, to appeal from the faid court of admiralty, to her Majefty in her privy council, fuch appeal to be allowed in the like manner as appeals to her Majesty are now allowed from the court of admiralty within this kingdom, fo as the fame be made within fourteen days after fentence, and good fecurity be likewife given by the appellant or appellants, that he or they will effectually profecute fuch appeal, and answer the condemnation, as alfo pay treble cofts as thall be awarded by her Majefty in cafe the fentence of fuch court of admiralty be. affirmed, and fo as execution be not fufpended by reafon of any fuch appeal; any thing in this act before contained to the contrary thereof in any wife notwithstanding. IX. And be it further enacted by the authority aforefaid, No mariner That no mariner or other perfon who fhall ferve on board, or ferving on board priva- be retained to serve on board any privateer, or trading fhip or teer, or trad- veffel, that fhall be imployed in any part of America, nor any ing ship in mariner, or other perfon, being on thoar in any part thereof, America, or being on floar fhall be liable to be impreffed or taken away, or fhall be imthere, liable to preffed or taken away by any officer or officers of or belonging be impreffed, to any of her Majefty's fhips of war, impowered by the lord unlefs delert- high admiral, or any other perfon whatsoever, unless fuch ma ers. Penalty. to entertain riner fhall have before deferted from fuch fhip of war belonging to her Majefty at any time after the fourteenth day of February, one thoufand feven hundred and feven, upon pain that any officer or officers fo impreffing or taking away, or caufing to 'be impreffed or taken away, any mariner or other perfon contrary to the tenor and true meaning of this act, fhall forfeit to the mafter, or owner or owners of any fuch fhip or veffel, twenty pounds for every man he or they fhall fo impress or take, to be recovered with full cofts of fuit, in any court within any part of her Majefty's dominions. No privateer X. And for preventing the desertion of any mariners or feaor trading hip men from her Majesty's fhips of war, to any fuch trading or deferters from privateer fhip or veffel, as aforefaid, be it further enacted by hips of war. the authority aforefaid, That every mafter or commander of fuch trading or privateer fhip or veffel, as aforefaid, fhall before he fhall receive or entertain any mariner, feaman, or other perfon to ferve on board fuch privateer or trading fhip or veffel, endeavour (by all the ways and means that he reasonably and conveniently may or can) to difcover whether fuch mariner, feaman, or other person hath deferted from any of her Majefty's fhips of war: and in cafe any fuch mafter or commander fhall receive or entertain any mariner, feaman, or other perfon, on board fuch trading fhip or privateer, as aforefaid, without fuch reasonable endeavour for fuch discovery firft had and made, or which he fhall know, or be informed hath deserted from any of her Majefty's fhips of war, fuch mafter or commander fhall forfeit forfeit to the Queen's majesty, her heirs and fucceffors, twenty Penalty. 439 &c. before XI. And for the more effectual preventing merchant ships or privateers from harbouring or entertaining any feamen who shall defert her Majefty's fervice, be it further enacted by the authority aforefaid, That from and after the twenty fifth day of April, From 25 one thousand seven hundred and eight, every master of a mer- April, 1708. chant fhip or veffel, and commander of a privateer, shall before he shall fet fail from any port, deliver to the chief officer they fet fail Commanders, of the customs of the port from whence he fhall fet fail, an ex- from port to act lift of all the men belonging to fuch merchant ship or veffel, deliver a list or privateer, containing their names, ages, and defcriptions of their perfons; upon pain that he fhall forfeit ten pounds to her customs, &c.. Majefty, her heirs and fucceffors, for every fuch man he fhall Penalty. fo receive and entertain on board, whose name shall not be inferted in fuch lift, to be recovered with cofts of fuit in any court within any part of her Majefty's dominions. of their men to officers of XII. And it is hereby further enacted, That fuch officer of Officer to rethe customs do return to fuch mafter or commander, an at- turn to master, tested copy of such lift fo delivered unto him, and that upon an attested the death or alteration of any feaman the faid lift be immediate- copy of fuch ly altered and delivered in to the naval officer or chief officer lift, &c. of the customs in any port where fuch merchant fhip or veffel, or privateer, fhall arrive, in manner as aforefaid: all which faid lifts fhall from time to time be produced and fhewn to any of the captains or other officers of any of her Majesty's fhips of war, demanding the fame and if any man or men belonging any of her Majefty's fhips of war, fhall be found on board any merchant fhip or veffel, or privateer, whose name thall not be contained in fuch lift, as aforefaid, the mafter or commander of fuch veffel or privateer fhall forfeit to her Majefty, her heirs and fucceffors, the fum of twenty pounds for every fuch man which fhall be fo found on board, to be recovered in manner as aforefaid. to rica, to carry with them &c. XIII. And for the better furnishing feamen to serve on board Trading ships her Majesty's fhips of war, which fhall be in or about the fe- and packet veral parts of America, for annoying the enemy, and protecting boats to Amethe trade there, it is hereby further enacted, That the master or commander of every trading fhip or veffel, and every packet mariners for boat, which shall from time to time, from and after the faid the Queen's twenty fifth day of April, be outward-bound, and going for fhips there, any part of America, fhall be, and are hereby obliged (at the defire of any of her Majefty's officers thereunto lawfully authorized, and at the charges of her Majefty) to receive on board and carry to the port or place, whereto fuch trading ship, veffel, or packet boat fhall be fo bound, and deliver to fuch officer or perfon, to whom they fhall be affigned, any number of mariners, feamen, or other perfons actually entred into her Majefty's fervice and pay (over and above the complement of mariners Ff4 On penalty, Queen (during war) may grant com miffions, &c. &c. in any parts of America, &c. And affure to them what fhips, &c. they shall fo take, &c. mariners or feamen, which fuch trading ship, veffel, or packet boat ufually carries, or which fhall be fufficient for navigating the fame for fuch intended voyage, not exceeding the proportion of a fifth part of the number of such ufual or fufficient complement of mariners, or feamen) upon pain of forfeiting twenty pounds for every such seaman or mariner, that he or they fhall refuse to take on board and carry, to be paid and recovered, as aforefaid. XIV. And for the more effectual annoying her Majesty's faid enemies, and abating their power and wealth in the parts of America, by numbers of private ships of war to be equipped and to take or de- fet out in a warlike manner by and at the charge of her Majeftroy enemies fty's subjects, and encouraging her Majesty's subjects to engage fhips, goods, in joint and united as well as feparate expences, expeditions, and adventures for those purposes; be it further enacted by the authority aforesaid, That her Majesty be, and fhe, her heirs and fucceffors are hereby impowered from time to time, during the continuance of the prefent war, to grant or make any charter, commiffion, or grant, charters, commiffions, or grants, for the better or more effectual enabling any fociety or focieties, or particular perfons, to join in any expeditions or adventures by fea or land, for the attacking, furprising, taking, or destroying any fhips, goods, moveables and immoveables, fettlements, factories, creeks, harbours, places of ftrength, lands, forts, castles, and fortifications, now or hereafter of or belonging to or poffeffed by any of her Majefty's enemies, in any part or parts of America, and for the better making and carrying on any preparations for such purpose and purposes, and for the making and affuring to the focieties and perfons which may be concerned, their heirs, fucceffors, executors, adminiftrators, and affigns, full and undoubted properties, rights, and titles of, in and to, and the full enjoyment of all and every the fhips, ammunition, ftores of war, goods, chattels, moveables and immoveables, fettlements, factories, places of ftrength or fecurity, lands, forts, caftles, and fortifications, now or hereafter of or belonging to, or poffeffed by any of her Majefty's enemies in any of the parts of America, which fuch fociety or perfons fhall take or cause to be taken from any of her Majefty's enemies during this present war, together with all the proceed, profits, and advantages, which may accrue of or by the fame, or any of them, with and under fuch regulations, and in fuch manner and form, as her Majefty, her heirs and fucceffors, shall think fit, and at any time or times afterwards (although the present war fhould be then ended) by any further grants or charters to confirm, corroborate, and further affure the premiffes, and every or any of them to the faid focieties, and perfons concerned, their and every of their fucceffors, heirs, executors, adminiftrators, and affigns, so as to enable them, and every of them, to have, hold, and enjoy the full benefit thereof, according to the true intent and meaning of this act, XV. Pro XV. Provided always, That nothing shall be contained in Queen's fubany charter, commiffion or grant, made in purfuance of this jects to enjoy act, to exclude or restrain any of her Majefty's fubjects from a free trade to having a full and free trade to and in any part of America. America. &c. between XVI. Provided nevertheless, and it is hereby declared to be No fhip to the true intent and meaning of this act, and be it further enact- moleft the fubed by the authority aforefaid, That it fhall not be lawful to any jects of Spain, commander of any of her Majefty's fhips of war, privateer or in their trade, merchant ship having letters of marque, to attack, furprize, feize, Rio la Hacha take, destroy, or offer any violence, fpoil, or moleftation whatsoever and the river between Rio la Hacha, and the river Chagre on the Spanish coast Chagre. in America, or within five leagues at fea of any part of that fhore, to any floop, barcolongo, canoa, or other boat, goods, or merchandizes belonging to any of the fubjects of Spain, who fhall be concerned in any intercourse of trade with any of her Majesty's fubjects, or to any floop, barcolongo, canoa, or other boat, goods, or merchandizes belonging to any of her Majesty's fubjects which shall be found going to, or coming from any port or place within the limits aforefaid. XVII. And whereas by an act of parliament made in the third 4 & 5 Ann. and fourth years of her Majefty's reign, intituled, An act for pro- c. 13. hibiting all trade and commerce with France, it is, amongst other things, enacted, That the feveral contraband goods or merchandizes therein particulary enumerated, fhall not be carried by any of her Majefty's fubjects to any port or place belonging to the crown of Spain, nor any trade whatsoever be permitted or allowed with the fubjects of Spain, for the faid contraband goods or merchandizes; and forafmuch as fome doubts may arife concerning the extent of that claufe, be it therefore hereby further declared and enacted by the authority aforefaid, That the fame shall not extend or be conftrued to reftrain any of her Majefty's fubjects from carrying any of the faid contraband goods or merchandizes to any port or place within the limits aforefaid, but it fhall and may be lawful to and for any of her Majesty's subjects to trade with the fubjects of Spain, for the faid contraband goods and merchandizes, or any of them, within the limits aforefaid; any thing in this, or in the said laft recited act, or in any former act, to the contrary hereof in any wife notwithstanding. XVIII. And whereas good and neceffary laws have been made, and Commanders are fill in force within feveral of her faid Majefty's colonies or of privateers, plantations in America, for the preventing and carrying off from the &c. to be subfaid colonies or plantations, any fervant or flave, without the confent ject to the of the owner, or the carrying off from thence any other perfon what- tion to flaves. Joever, until fuch perfon fhall have taken out his ticket from the fecretary's office within fuch refpective colony or plantation, in fuch manner, and under fuch penalties and forfeitures, as in and by the faid feveral laws is declared and provided; be it therefore further enacted by the authority aforefaid, That all commanders of private fhips of war, or merchant fhips having letters of marque, fhall, upon their going into any of thofe ports or harbours, be fubject, and they are hereby determined to be fubject to the fe veral directions, provifions, penalties, and forfeitures, in and by fuch laws made and provided; any thing in this act contained to the contrary hereof in any wife notwithstanding. XIX. And for the better fupply of mariners and feamen to During war, ferve in her Majefty's fhips of war and on board privateers, privateers or trading fhips merchant fhips, and trading veffels, and for the better carrying may be navi- on the prefent war, and the trade of Great Britain, during the gated by fo- continuance thereof; be it further enacted by the authority areign feamen. forefaid, That during the continuance of this prefent war, and So as one fourth be no longer, it fhall and may be lawful for any privateer or merBritish. chant, or trading fhip or veffel, to be navigated by foreign seamen or mariners, not being natives of Great Britain, or of any of the colonies or plantations thereto belonging, or her Majefty's natural, or naturalized subjects, fo as the number of fuch foreign feamen or mariners do not exceed three fourths of the mariners at any one time employed to navigate fuch privateer or merchant or trading fhip or veffel, and that one fourth at leaft of the mariners or feamen fo employed, be at all times natives, or her Majesty's naturalized fubjects of Great Britain (fudden death, and the hazard and cafualties of war and the feas faved and excepted) one act of parliament made in the twelfth year of the reign of his late majesty King Charles the 12 Car. 2.c.18. Second, intituled, An act for the encouraging and encreafing of Shipping and navigation, or any other statute or law to the contrary notwithstanding. Foreign feamen ferving 2 years on board any British hips to be deemed natural-born fubjects. Queen may license 20 thips bought in foreign parts to be ufed for priva teers. XX. And for the better encouraging of foreign mariners and feamen to come and ferve on board fhips belonging to the kingdom of Great Britain; be it further enacted by the authority aforefaid, That every fuch foreign mariner or feaman who thall from and after the faid twenty fifth day of April, have faithfully ferved on board any of her Majefty's fhips of war, or any privateer or merchant, or trading fhip or fhips, veffel or veffels, which at the time of fuch fervice fhall belong to any of her Majefty's fubjects of Great Britain, for the fpace of two years, fhall, to all intents and purposes, be deemed and taken to be a natural-born fubject of her Majesty's kingdom of Great Britain, and have and enjoy all the privileges, powers, rights, and capacities which fuch foreign mariner or feamen could, should, or ought to have had and enjoyed, in cafe he had been a naturalborn fubject of her Majesty's, and actually a native within the kingdom of Great Britain." XXI. And for the more expeditious providing of ships and veffels to be equipped and ufed as and for privateers for the fpeedy annoying her Majefty's enemies, and putting in execution the purposes by this act intended, be it further enacted by the anthority aforefaid, That it shall and may be lawful for her Majefty, her heirs and fucceffors, to grant to any perfon or perfons who fhall be actually engaged in any adventure, in pursuance of this act, a licence to buy or procure in any foreign parts, any fhip or fhips (firft giving fecurity to her Majefty, that fuch ship and fhips thall be employed in fuch adventures) fo as the whole number |