12. That, on the death of the captain, the command to devolve on the next officer, and so on in rotation; and, for the encouragement of the able seamen and others, on the loss of officers, they are to be replaced out of the ship's company, according to their gallant behaviour, as the captain shall appoint.

13. That whoever deserts the ship Terrible, within the time herein-under-mentioned, shall forfeit his prize-money to the owners and company, to enable them to procure others in their room.

14. All and every one on board does covenant and agree to serve on board the said ship Terrible the term of six months, beginning at the said ship's departure from

the Downs.

15. And, lastly, for the true performance of all and every the afore-mentioned covenants and agreements, each and every the said parties do bind themselves, their heirs, executors, and administrators, in the penal sum of five hundred pounds, lawful money of Great Britain, firmly by these presents: In witness whereof, the said parties to these presents have hereunto severally set their hands and seals, the day of in the year of our Lord

and the (fifth) year of the reign of our sovereign Lord King George the Fourth.

Rules of Discipline and Government, to be observed on board of a Private Ship of War.

1. All the officers and ship's company are to obey the captain's orders with promptness and respect.

2. The officers are strictly enjoined not to interfere with the duty of their superiors, or with any other than their own.

3. The captain is to define a limited space between the main-mast and the stern, to be considered as a quarter-deck; upon which the men, unless on duty, are not to walk; such space being hereby directed to be considered as the parade for the officers.

4. The officers are strictly enjoined to enforce respect, by abstaining, on all occasions, from familiar intercourse with the men.

5. The chief mate and prize-masters are to be called lieutenants, and to be at all times treated with obedience and respect; and they are to have the respective charge of the watches and prizes.

6. The boatswain and carpenter are daily to examine the masts, spars, and rigging; and are to report any defects found therein to the captain, commanding officer, or officer of the watch, either at eight in the morning, twelve at noon, or eight at night.

7. The gunner is constantly and invariably to inspect the magazine, and is to request orders from time to time, or at any time he may deem it requisite, from the captain, commanding officer, or officer of the watch, respecting the quantity of powder to be filled; which orders, whether general or particular, he is most strictly to attend to; and to take all necessary precautions of safety; and he is, at all times, to report any improper or dangerous use of lights in any part of the vessel.

8. The steward has charge (under the direction of the captain, commanding officer, or officer of the watch) of the provisions, and is to issue them out at the times, and in the quantities, that shall be specified: and he is most strictly to abide by the orders only which he may receive.

9. The boatswain, gunner, carpenter, and steward, are respectively to keep an account of, and to be responsible for, the respective stores intrusted to their care: and all the officers and men are to be particularly careful of the water.

* 10. The surgeon is to be comfortably accommodated, and treated with respect. No person but the captain, or commanding officer, or officer of the watch, is to interfere in his department; and he is not to interfere in the duty or department of any other officer.

11. The master at arms is to notice any improper behaviour or defect of cleanliness in the people between decks, and to report it to the captain or officer of the watch; he is also, with the ship's corporal in their respective watches, to see that the sentinels are on the quarter-deck, or in any other part of the ship to which they may be appointed; and that they perform their duty by night and by day: he is, also, to see them regularly relieved in their watches and to their meals. He is, likewise, to see all lights out between decks, every night at eight o'clock, unless orders to the contrary are given by the commanding officer.

12. The cook is to pay due attention to the cooking of the people's victuals, and he must not only have it ready at twelve o'clock at noon, but have it cooked clean and comfortable for them. He is also required to be careful of the fire and water, and to keep the galley clear of all idlers, so that he may not be incommoded in the performance of his duty.

13. The crew are strictly enjoined, at all times, to obedience and respect to the captain and officers; without which no good government can prevail: they are, one and all, to be particularly careful of the fires, lights, and water, and strictly to practise cleanliness, generally and individually, as the great means of health and comfort.

The following are the General Instructions to Privateers, issued under an Order in Council, at the commencement of the last War with France, and dated 16th May, 1803.

ART. 1. Against what, and where, Letters of Marque may act hostilely. It shall be lawful for the commanders of ships authorized by letters of marque and reprisals for private men of war, to set upon, by

force of arms, and subdue and take, the men of war, ships, and vessels, goods, wares, and merchandises, belonging to the French republic, or to any person being subjects to the French republic, or inhabitants within any of the territories of the French republic; but so that no hostility be committed, nor prize attacked, seized, or taken, within the harbours of princes or states in amity with us, or in their rivers or roads, within the shot of their cannon, unless by permission of such princes or states, or of their commanders or governors in chief of such places.

ART. II. Captures to be brought into port.-The commanders of the ships and vessels so authorized as aforesaid, shall bring all ships, vessels, and goods, which they shall seize and take, into such port of England, or some other port of our dominions, as shall be most convenient for them, in order to have the same legally adjudged by our high court of admiralty of England, or before the judge of any other admiralty court, lawfully authorized, within our dominions.

ART. III. Conduct of the captors after the capture is brought into port.-After such ships, vessels, and goods, shall be taken and brought into any port, the taker, or one of his chief officers, or some other person present at the capture, shall be obliged to bring or send, as soon as possibly may be, three or four of the principal of the company (whereof the master, supercargo, mate, or boatswain, to be always two) of every ship or vessel so brought into port, before the judge of our high court of admiralty of England, or his surrogate, or before the judge of such other admiralty court within our dominions, 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, concerning the interest or property of such ship or ships, vessel or vessels, and of the goods, merchandises, and other effects, found therein; and the taker shall be further obliged, at the time he produceth the company to be examined, and before any monition shall be issued, to bring in and deliver into the hands of the judge of the high court of admiralty of England, his surrogate, or the judge of such other admiralty court within our dominions, lawfully authorized, or others commissioned as aforesaid, all such papers, 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 ship; the taker, or one of his chief officers, or some other person who shall be present at the capture, 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 and taken, without any fraud, addition, subduction, or embezzlement whatever, or otherwise to account for the same upon oath, to the satisfaction of the court.

ART. IV. Not to break bulk before judgment.-The ships, vessels, goods, wares, merchandises, and effects, taken by virtue of letters of marque and reprisals as aforesaid, shall be kept and preserved, and no part of them shall be sold, spoiled, wasted, or diminished, and 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 ships, goods, and merchandises are lawful prize.

ART. V. Privateers to assist ships in distress.—If a belonging to us, or our subjects, shall be found in in fight set upon or taken by the enemy, or by reas accident, the commanders, officers, and company, of ships or vessels as shall have letters of marque and said, shall use their best endeavours to give aid and su ship and ships, and shall, to the utmost of their powe the same from the enemy, or any other distress.

ART. VI. Application to the admiralty for letters of commanders or owners of such ships and vessels, out letters of marque and reprisals, shall make applic subscribed with their hands, to our high admiral of our commissioners for executing that office for the ti lieutenant or judge of the said high court of admiral gate, and shall therein set forth a particular, true, an tion of the ship or vessel for which such letter of mare is requested, specifying the burthen of such ship or number and nature of the guns, and what other warli ammunition are on board the same, to what place and name or names of the principal owner or owners vessel, and the number of men intended to be put on and for what time they are victualled: also the nam -manders and officers.

ART. VII. Correspondence with the admiralty. T of ships and vessels having letters of marque and repris shall hold and keep, and are hereby enjoined to hold respondence, by all conveniences, and upon all occa high admiral of Great Britain, or our commissioner that office for the time being, or their secretary, so time, to render or give him or them, not only an accoun of their captures and proceedings by virtue of such also of whatever else shall seem unto them, or be declared to them, or found out by them, or by exa conference with, any marines or passengers of or vessels taken, or by any other ways or means whats - or concerning the designs of the enemy, or any of the vessels, or parties, and of the stations, sea-ports, and their intents therein; and what ships or vessels of th out or home, or where cruising, as they shall hear else material in these cases may arrive at their knowl such course may be thereon taken, and such orders gi requisite.

„ART. VIII. What colours a privateer is to wear. of any ship or vessel, having a letter of marque and rep said, shall presume, as they will answer it at their per jack, pendant, or other ensign or colours usually born but, besides the colours usually borne by merchants' wear a red jack, with the union jack described in the upper corner thereof, near the staff.

ART. IX. Not to ransom any capture. No command or vessel, having a letter of marque and reprisal as ransom, or agree to ransom, or quit or set at libert véssel, or their cargoes, which shall be seized and taken

ART. X. To deliver their prisoners to the proper commissioners.All captains or commanding officers of ships having letters of marque and reprisals, shall send an account of, and deliver over, what prisoners shall be taken on board any prizes, to the commissioners appointed or to be appointed for the exchange of prisoners of war, or the persons appointed in the sea-port towns to take charge of prisoners; and such prisoners shall be subject only to the orders, regulations, and directions of the said commissioners; and no commander or other officer of any ship, having a letter of marque or reprisal as aforesaid, shall presume, upon any pretence whatsoever, to ransom any prisoner.

ART. XI. Commission forfeited for acting contrary hereto. In case the commander of any ship, having a letter of marque and reprisal as aforesaid, shall act contrary to these instructions, or any such further instructions of which he shall have due notice, he shall forfeit his commission to all intents and purposes, and shall, together with his bail, be proceeded against according to law, and be condemned in costs and damages.

ART. XII. Copies of journals.—All commanders of ships and vessels, having letters of marque and reprisals, shall, by every opportunity, send exact copies of their journals to the secretary of the admiralty, and proceed to the condemnation of the prizes as soon as may be, and without delay.

ART. XIII. To observe all orders.-Commanders of ships and vessels, having letters of marque and reprisals, shall, upon due notice being given to them, observe all such other instructions and orders as we shall think fit to direct from time to time, for the better carrying on this service.

ART. XIV. Violating these instructions. All persons who shall violate these or any other of our instructions, shall be severely punished, and also required to make full reparation to persons injured contrary to our instructions, for all damages they shall sustain by any capture, embezzlement, demurrage, or otherwise.

ART. XV. Bail to be given.-Before any letter of marque or reprisal for the purposes aforesaid shall issue under seal, bail shall be given with sureties, 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 less 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

and

who, submitting themselves to the jurisdiction of the high court of admiralty of England, obliged themselves, their heirs, executors, and administrators, unto our Sovereign Lord the King, in the sum of pounds of lawful money of Great Britain, to this effect; that is to say, that whereas is duly authorized by letters of marque and reprisals, with the ship called the

of the burthen of about tons, whereof he the said goeth master, by force of arms to attack, surprise, seize, and take, all ships and vessels, goods, wares, and merchandises, chattels and effects, belonging to the French Republic, or to any persons being subjects of the French Republic, or inhabiting within any of the territories of the French Republic; excepting only within the harbours or roads within shot of the canna of princes and states in amity with his Majesty. And whereas he the said hath a copy of certain instructions, approved of and passed by his Majesty in council, as by the tenour of