Instructions for Enforcing the Salute
1673
Art. 22. Upon your meeting with any ship or ships within His Majestie's seas belonging to any foreign Prince or State, you are to expect that, in their passing by you, they strike their topsaile, and take in their flagge, in acknowledgment of his Majestie's sovereigntie in those seas. And if any shall refuse to do it, or offer to resist, you are to use your utmost endeavours to compel them thereunto, and in no wise to suffer any dishonour to be done to his Majesty. And in case any of his Majestie's subjects shall be so far forgetful of their dutie as to omit striking their topsails as they pass by you, when it may be done without the loss of the voiage, you are to bring them to the flagge, to answer his contempt, or otherwise to return the name of the shipp and of the master unto me, as also of the place from whence, and the port to which she shall be bound; and you are to make the master of her to pay charge of what shot you shall make at her. And you are further to notice that, in his Majestie's seas, his Majestie's ships are in nowise to strike to any, and that in other parts no ship of his Majestie is to strike her flagge or topsaile to any foreigner, unless such foreigner shall have first struck, or at the same time strike her flagge or topsaile to his Majestie's ship, except in the harbour of some forreigne Prince, or in the road within shot of cannon of some forreign fort or castle, where the captains of his Majestie's ships are to conform to the custom of the place, and to salute the forts in such manner as is usual and customary for the ships of war of his Majestie or other Princes in that place. And for your better guidance in this Article you are to take notice that his Majestie's seas do extend to Cape Finisterre.
Art. 26. Upon your meeting with any forreign ship or vessel, you are to send on board her some person, (for whose civil deportment you will be responsible), to see if there be any of his Majestie's subjects on board her, contrarie to his Majestie's proclamation forbidding any of his subjects to serve any forreign Prince or State; and such as shall be found you are to cause to be taken forth and disposed of in such sort that they may be forthcoming to answer their contempt of his Majestie's said proclamation. And you are to compel the master of the ship in which they shall be found to pay their wages for the time they have served.
Art. 27. You are also to search all private men of war, which you shall meet with, whether they be his Majestie's subjects or forreigners; and in case you shall find on board them any English goods, arms, provisions for war, or victuals, to make strict enquiry from whence they had the same; and in case a good account be not given thereof, or that you shall have just cause to suspect the same was taken from some of his Majestie's subjects, you are then to bring the vessels into some of his Majestie's ports or harbours, there to be proceeded against according to their demerit.
R.G. Marsden, Documents Relating to the Law and Custom of the Sea. (London: 1916), II:86-88.