Note 1 — CASES OF JOHN ROSE ARCHER AND OTHERS.

Opening pages of "vol. V." (1739-1745) of the manuscript records of the vice-admiralty court held at Boston. These five volumes of records are now deposited with the Suffolk Court Files. They are described by Mr. John Noble in Pubs. Col. Soc. Mass., VIII. 169. A summary of all the cases in this particular volume, wrongly declared then to be the only one extant, is presented in the appendix to B.R. Nichols, Argument in Peele vs. Merchants Insurance Co. (Boston, 1826), pp. 127-132. Various extracts are in Mr. Noble's article, pp. 170-184. War with Spain had been declared Oct. 23. Instructions to privateers were of course issued in every war. Parts of those put forth in 1693, 1705, 1706, and 1744 are printed in F.T. Pratt, Law of Contraband of War (London, 1856), pp. 264-269, 257. Others are in R.G. Marsden, Law and Custom of the Sea, II. 404-435. Of acts of Parliament on privateers and prizes, the latest in force at this date was that of 9 Anne ch. 27, but a fresh act was under discussion in Parliament at this date, and on Dec. 20 the royal assent was given to the act 13 Geo. II. ch. 4, "for the encouraging of seamen to enter into his Majesty's service".