APPOINTING THE DISTRIBUTION OF PRIZES TAKEN, AND THE BOUNTY FOR
TAKING SHIPS OF WAR OF THE ENEMY.
Jo. Cant. Hervey C. P. S. Pembroke,
Hardwicke C. Dorset, Ilay,
Wilmington P. Devonshire, Holles Newcastle.[1]
Whereas by an Act of Parliament made in the last Session of Parliament,
intituled, An Act for the more effectual securing and encouraging
the Trade of His Majesty's British Subjects to America, and for the
Encouragement of Seamen to enter into His Majesty's Service, it is,
amongst other Things, enacted, That the Flag Officers, Commanders, and
other Officers, Seamen, Marines, and Soldiers on Board every Ship and
Vessel of War, in His Majesty's Pay, shall have the sole Interest and
Property of and in all and every Ship, Vessel, Goods, and Merchandize
which they shall take after the Fourth Day of January, in the Year of
Our Lord One thousand seven hundred and thirty nine,[2] in Europe,
and after the Twenty Fourth Day of June, in the Year of Our Lord One
thousand seven hundred and forty, in any other Part of the World
(being first adjudged lawful Prize, in any of His Majesty's Courts
of Admiralty in Great Britain, or in His Plantations in America, or
elsewhere) to be divided in such Proportions, and after such Manner,
as His Majesty, His Heirs, and Successors shall think fit to order
and direct by Proclamation, to be issued for that Purpose. And as a
farther Encouragement to the Officers, Seamen, Marines, Soldiers, and
others on Board His Majesty's Ships of War, as also of Privateers, to
attack, take, and destroy any Ships of Force belonging to the Enemy, it
is thereby also enacted, That there shall be paid by the Treasurer of
His Majesty's Navy, upon Bills to be made forth by the Commissioners
of the Navy, to be paid according to the Course thereof, without Fee
or Reward, unto the Officers, Seamen, Marines, Soldiers, and others
that shall have been actually on Board such of His Majesty's Ship or
Ships of War, or Privateer or Privateers, in any Action where any
Ship or Ships of War, or Privateers shall have been taken from the
Enemy, sunk, burnt, or otherwise destroyed, Five Pounds for every Man,
which was living on Board any Ship or Ships so taken, sunk, burnt, or
otherwise destroyed, at the Beginning of the Engagement between them,
the Numbers of such Men to be proved by the Oaths of Three or more of
the chief Officers or Men, which were belonging to the said Ship or
Ships of War, or Privateers of the Enemy, at the Time of her or their
being taken as Prize, sunk, burnt, or otherwise destroyed, before the
Mayor, or other chief Magistrate of the Port, whereunto any Prize,
or Officers, or Men of such Ships as were sunk, burnt, or otherwise
destroyed, shall be brought; which Oaths the said Mayor, or other
chief Magistrate of any such Port is hereby impowered and required
to administer, and shall forthwith grant a Certificate thereof,
without Fee or Reward, directed to the Commissioners of the Navy: Upon
producing which Certificate to the Commissioners of the Navy, together
with an authentick Copy of the Condemnation of such Ship so taken; or
if such Ship be sunk, burnt, or otherwise destroyed, on producing only
a Certificate from the Mayor, or other chief Magistrate, as aforesaid,
the said Commissioners of His Majesty's Navy, or such Person or Persons
as they shall appoint for that Purpose, shall, according to the Course
of the Navy, within Fifteen Days, make out Bills for the Amount of such
Bounty, directed to the Treasurer of the Navy, payable to, and to be
divided amongst the Officers, Seamen, Marines, and Soldiers on Board
His Majesty's Ships of War, in Manner, Form, and Proportion, as, by
His Majesty's Proclamation, to be issued for that Purpose, shall be
directed and appointed; and amongst the Owners, Officers, and Seamen
of any private Vessel, or Ship of War, in such Manner and Proportion,
as, by any Agreement in Writing, they shall have entered into for that
Purpose, shall be directed; We taking the Premisses into Consideration,
do, pursuant to the said Act of Parliament (with the Advice of His
Majesty's Privy Council) by this Proclamation order, direct, and
appoint, that the neat Produce of all Prizes taken by His Majesty's
Ships of War, and Bounty Money for Prisoners taken in such Prizes, be
divided into Eight equal Parts, whereof the Captain or Captains of any
of His Majesty's Ships of War, who shall be actually on Board at the
taking of any Prize, shall be allowed Three Eighth Parts; But in case
any Prize shall be taken by any Ship or Ships of War, under the Command
of a Flag or Flags, the Flag Officer or Officers being actually on
Board, or directing and assisting in the Capture, to have One Eighth
Part of the said Three Eighths; to the Captains of the Marines, and
Land Forces, Sea Lieutenants, and Master on Board any such Ships,
shall be allowed One Eighth Part, to be equally divided amongst them;
to the Lieutenants and Quarter-masters of Marines, and Lieutenants,
Ensigns, and Quarter-masters of Land Forces, Boatswain, Gunner,
Purser, Carpenter, Masters, Mate, Chirurgeons, and Chaplain on Board
any such Ship, One Eighth Part to be equally divided amongst them;
to the Midshipmen, Carpenter's Mates, Boatswain's Mates, Gunner's
Mates, Master at Arms, Corporals, Yeoman of the Sheets, Coxswain,
Quarter-master, Quarter-master's Mates, Chirurgeon's Mates, Yeoman of
the Powder Room, and Serjeants of Marines or Land Forces on Board any
such Ships, One Eighth Part to be equally divided amongst them; to the
Trumpeters, Quarter-gunners, Carpenter's Crew, Steward, Cook, Armourer,
Steward's Mate, Cook's Mate, Gunsmith, Cooper, Swabber, ordinary
Trumpeter, Barber, able Seamen, ordinary Seamen, and Marine or other
Soldiers, Two Eighth Parts, to be equally divided amongst them: And
in case any Sea Captain, inferior Commission or Warrant Sea Officers,
belonging to any Ship of War, for whom any Shares of Prizes are hereby
allowed, be absent, and not on Board at the Time of the Capture of
any Prize, the Share of such Sea Captain, inferior Commission, or
Warrant Sea Officer, shall be cast into the Shares hereby allowed
to the Trumpeter, Quarter-gunners, Carpenter's Crew, Steward, Cook,
Armourer, Steward's Mate, Cook's Mate, Gunsmith, Cooper, Swabber,
ordinary Trumpeter, Barber, able Seamen, ordinary Seamen, and Marine
or other Soldiers, to be equally divided amongst them; provided that
if any Officer or Officers on Board any of His Majesty's Ships of War,
at the Time of taking any such Prizes, shall have more Commissions,
or Offices, than one, he or they shall be intitled only to the Share
or Shares of such Prizes, which, according to the above mentioned
Distribution, shall belong to his or their respective superior
Commissions or Offices. And We do hereby strictly enjoin all and
every Commander and Commanders of any Ships of War, taking any Prize,
as soon as may be, to transmit, or cause to be transmitted, to the
Commissioners of His Majesty's Navy, a true List of the Names of all
the Officers, Seamen, Marines, Soldiers, and others, who were actually
on Board His Majesty's Ships of War, under his or their Command, at the
taking such Prize; which List shall contain the Quality of the Service
of each Person on Board and be subscribed by the Captain or commanding
Officer and Three or more of the chief Officers on Board. And We do
hereby require and direct the Commissioners of His Majesty's Navy,
or any Three or more of them, after Condemnation of such Prize, to
examine, or cause to be examined such List, by the Muster-book of such
Ships of War, and Lists annex'd thereto, to see that such List doth
agree with the said Muster-book and annex'd Lists, as to the Names,
Qualities, or Ratings of the Officers, Seamen, Marines, Soldiers, and
others, belonging to such Ship of War; and upon Request forthwith to
grant a Certificate of the Truth of any List transmitted to them, to
the Agents nominated and appointed by the Captors pursuant to the said
Act, to take care or dispose of such Prize, and also upon Application
to them, to give or cause to be given unto the Agents, who shall at any
Time or Times be appointed, as aforesaid, by the Captors of any Prizes
taken by any of the Ships of War of His Majesty, all such Lists, from
the Muster-book of any such Ships of War, and annexed Lists, as the
said Agents shall find requisite for their Direction, in paying the
Produce of such Prizes, or the Bounty, in case any Bounty shall be due
for taking the same, and to be otherwise aiding and assisting to the
said Agents, as shall be necessary.
Given at Whitehall the Nineteenth Day of June, 1740, and in the
Fourteenth Year of His Majesty's Reign.