Note 180 — Chapter XV · ON THE REIGN OF WILLIAM III.

Some English subjects took James's commission, and fitted out privateers which attacked our ships. They were taken, and it was resolved to try them as pirates; when Dr. Oldys, the king's advocate, had the assurance to object that this could not be done, as if James had still the prerogatives of a sovereign prince by the law of nations. He was of course turned out, and the men hanged; but this is one instance among many of the difficulty under which the government laboured through the unfortunate distinction of facto and jure. Ralph, 423. The boards of customs and excise were filled by Godolphin with Jacobites. Shrewsb. Corresp. 51.