Whereas by an Act, made in this present Session of Parliament,
intituled, An Act to prohibit all Trade and Intercourse with
the Colonies of New Hampshire, Massachuset's Bay, Rhode Island,
Connecticut, New York, New Jersey, Pensylvania, the Three Lower
Counties on Delaware, Maryland, Virginia, North Carolina, South
Carolina, and Georgia, during the Continuance of the present Rebellion
within the said Colonies respectively; for repealing an Act, made in
the Fourteenth Year of the Reign of His present Majesty, to discontinue
the Landing and Discharging, Lading or Shipping, of Goods, Wares, and
Merchandize, at the Town and within the Harbour of Boston, in the
Province of Massachuset's Bay; and also Two Acts, made in the last
Session of Parliament, for restraining the Trade and Commerce of the
Colonies in the said Acts respectively mentioned; and to enable any
Person or Persons, appointed and authorized by His Majesty to grant
Pardons, to issue Proclamations, in the Cases, and for the Purposes
therein mentioned; It is, amongst other Things, enacted, That all Ships
and Vessels of or belonging to the Inhabitants of the said Colonies,
together with their Cargoes, Apparel, and Furniture, except as in the
said Act are excepted, and all other Ships and Vessels whatsoever,
together with their Cargoes, Apparel, and Furniture, which shall be
found trading in any Port or Place of the said Colonies, or going to
trade, or coming from trading, in any such Port or Place, except as
are therein also excepted, shall become forfeited to His Majesty, as
if the same were the Ships and Effects of Open Enemies, and shall
be so adjudged, deemed, and taken, in all Courts of Admiralty, and
in all other Courts whatsoever: And, for the Encouragement of the
Officers and Seamen of His Majesty's Ships of War, it is thereby
also further enacted, That the Flag Officers, Captains, Commanders,
and other commissioned Officers in His Majesty's Pay, and also the
Seamen, Marines, and Soldiers on Board, shall have the sole Interest
and Property of and in all and every such Ship, Vessel, Goods, and
Merchandize, which they shall seize and take, (being first adjudged
lawful Prize in any of His Majesty's Courts of Admiralty) to be
divided in such Proportions, and after such Manner, as His Majesty
shall think fit to order and direct by Proclamation or Proclamations
hereafter to be issued for those Purposes: We, taking the Premises into
Consideration, do, pursuant to the said Act of Parliament, (with the
Advice of Our Privy Council), by this Our Proclamation, order, direct,
and appoint, That the neat Produce of all Prizes taken, in Pursuance
of the said Act, by Our Ships of War, be divided into Eight equal
Parts, and be distributed in Manner following; that is to say, To the
Captain or Captains of any of Our Ships of War, who shall be actually
on Board at the Taking of any Prize, Three Eighth Parts; but in case
any such Prize shall be taken by any of Our 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,
shall have One of the said Three Eighth Parts, the said One Eighth
Part to be paid to such Flag or Flag Officers, in such Proportions,
and subject to such Regulations, as are herein-after for that Purpose
mentioned: To the Captains of Marines and Land Forces, Sea Lieutenants
and Master, on Board any such Ships, 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, Master's Mate, Chirurgeon, Pilot,
and Chaplain, on Board any such Ship, One Eighth Part, to be equally
divided amongst them: To the Midshipmen, Secretary to Flag Officers,
Captain's Clerk, Master Sail Maker, Carpenter's Mates, Boatswain's
Mates, Gunner's Mates, Master at Arms, Corporals, Yeomen of the Sheets,
Coxswain, Quarter Masters, Quarter Master's Mates, Chirurgeon's Mates,
Yeomen 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, and all other Persons doing
Duty, or assisting on Board any such Ships, 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 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 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, and other Persons doing Duty, or assisting on Board
any such Ships, to be equally divided amongst them. Provided, That if
any Officer or Officers on Board any of Our 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 the
said 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 Our Navy, a true
List of the Names of all the Officers, Seamen, Marines, Soldiers, or
others, who were actually on Board Our 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
Our Navy, or any Three or more of them, to examine, or cause to be
examined, such Lists by the Muster Books of such Ships of War, and
Lists annexed thereto, to see that such Lists do agree with the said
Muster Book, and annexed 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, all such Lists from
the Muster Books 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, and to be otherwise aiding and assisting to
the said Agents, as shall be necessary. And as touching the said One
Eighth Part, herein before mentioned to be granted to the Flag or Flag
Officers, who shall be actually on Board at the taking of any Prize,
or shall be directing and assisting therein, We have thought fit, and
do, by these Presents, publish, order, and declare, That the following
Regulations be observed; First, That a Flag Officer commanding in
Chief, where there is but One Flag Officer upon Service, shall have to
his own Use the said One Eighth Part of the Prizes taken by Ships under
his Command: Secondly, That a Flag Officer sent to command at Jamaica,
or elsewhere, shall have no Right to any Share of the Prizes taken, by
Ships employed there, before he arrives at the Place to which he is
sent, and actually takes upon him the Command: Thirdly, That when an
inferior Flag Officer is sent out to reinforce a superior Flag Officer
at Jamaica, or elsewhere, the said superior Flag Officer shall have
no Right to any Share in the Prizes taken by them before they arrive
within the Limits of his Command, and actually receive some Orders from
him: Fourthly, That a Chief Flag Officer returning home from Jamaica,
or elsewhere, shall have no Share of the Prizes taken by the Ships
left behind to act under another Command: Fifthly, That if a Flag
Officer is sent to command in the Out-ports of this Kingdom, he shall
have no Share of the Prizes taken by Ships that sailed from that Port,
by Order from the Admiralty: Sixthly, That when more Flag Officers
than One serve together, the Eighth Part of the Prizes taken by any
Ships of the Fleet, or Squadron, shall be divided in the following
Proportions; videlicet, If there be but Two Flag Officers, the Chief
shall have Two Third Parts of the said One Eighth Part, and the other
shall have the remaining Third Part; but if the Number of Flag Officers
be more than Two, the Chief shall have only One Half, and the other
Half shall be divided equally among the other Flag Officers: Seventhly,
That Commodores, with Captains under them, shall be esteemed as Flag
Officers, with respect to their Right to an Eighth Part of Prizes
taken, whether commanding in Chief, or serving under Command.
Given at our Court at St. James's, the Twenty-second Day of December,
One thousand seven hundred and seventy-five, in the Sixteenth Year of
Our Reign.