Whereas, by Our Order in Council dated the Twenty-ninth Day of July
last, We have ordered that general Reprisals be granted against the
Ships, Goods, and Subjects of the French King, and that as well Our
Fleets and Ships, as also all other Ships and Vessels that shall
be commissionated by Letters of Marque, or general Reprisals, or
otherwise, by Our Commissioners for executing Our Office of Lord High
Admiral of Great Britain, shall and may lawfully seize all Ships,
Vessels and Goods, belonging to the French King, and bring the same to
Judgement in any of Our Courts of Admiralty within Our Dominions: We,
being desirous to give due Encouragement to all Our faithful Subjects
who shall lawfully seize the same, and having declared in Council, by
Our Order of the Seventh of last Month, Our Intentions concerning the
Distribution of all Manner of Captures, Seizures, Prizes and Reprisals,
of all Ships and Goods, during the present Hostilities, do now make
known to all Our loving Subjects, and all others whom it may concern,
by this Our Proclamation, by and with the Advice of Our Privy Council,
that Our Will and Pleasure is, That the Neat Produce of all Prizes
taken, the Right whereof is inherent in Us, and Our Crown, be given
to the Takers in the Proportion and Manner of Proceeding herein-after
set forth: that is to say, That all Prizes taken by Ships and Vessels
having Commissions of Letters of Marque and Reprisals, may be sold and
disposed of by the Merchants, Owners, Fitters, and others to whom such
Letters of Marque and Reprisals are granted, for their own Use and
Benefit, after final Adjudication, and not before. And We do hereby
further Order and direct, that the Neat Produce of all Prizes which are
or shall be taken by any of Our Ships or Vessels of War, shall be for
the entire Benefit and Encouragement of Our Flag Officers, Captains,
Commanders, and other Commissioned Officers in Our Pay, and of the
Seamen, Marines, and Soldiers, on Board Our said Ships and Vessels at
the Time of the Capture; and that such Prizes may be lawfully sold and
disposed of by them and their Agents, after the same shall have been to
Us finally adjudged lawful Prize, and not otherwise. The Distribution
shall be made as follows; the Whole of the Neat Produce being first
divided into Eight equal Parts;
The Captain or Captains of any of Our said Ships and Vessels of War,
who shall be actually on Board at the Taking of any Prize, shall have
Three Eighth Parts; but in case any such Prize shall be taken by any
of Our Ships or Vessels 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 mentioned:
The Captains of Marines and Land Forces, Sea Lieutenants, and Master on
Board, shall have One Eighth Part, to be equally divided amongst them:
The Lieutenants and Quarter Masters of Marines, and Lieutenants,
Ensigns, and Quarter Masters of Land Forces, Secretaries of Admirals or
of Commodores, with Captains under them, Boatswains, Gunners, Purser,
Carpenter, Master's Mates, Chirurgeon, Pilot, and Chaplain on Board,
shall have One Eighth Part, to be equally divided amongst them:
The Midshipmen, Captain's Clerk, Master Sailmaker, Carpenter's Mates,
Boatswain's Mates, Gunner's Mates, Master at Arms, Corporals, Yeomen
of the Sheets, Cockswain, Quarter Masters, Quarter Masters Mates,
Chirurgeon's Mates, Yeomen of the Powder Room, Serjeants of Marines,
and Land Forces on Board, shall have One Eighth Part, to be equally
divided amongst them:
The Trumpeters, Quarter Gunners, Carpenter's Crew, Stewards, Cook,
Armourer, Steward's Mate, Cook's Mate, Gunsmith, Cooper, Swabber,
Ordinary Trumpeter, Barber, Able Seamen, Ordinary Seamen, and Marines,
and other Soldiers, and all other Persons doing Duty and assisting on
Board, shall have Two Eighth Parts, to be equally divided amongst them:
Provided, That if any Officer being on Board any of Our Ships of War,
at the Time of taking any Prize, shall have more Commissions or
Offices than One, such Officer shall be intitled only to the Share
or Shares of the Prizes which, according to the above-mentioned
Distribution, shall belong to his superior Commission or Office. And We
do hereby strictly enjoin all Commanders of Our Ships and Vessels 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, and others, who were
actually on Board Our Ships and Vessels of War under their Command at
the Time of the Capture; 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 and Vessels of War, and Lists
annexed thereto, to see that such Lists do agree with the said Muster
Books and annexed Lists, as to the Names, Qualities, or Ratings of the
Officers, Seamen, Marines, Soldiers, and others belonging to such Ships
and Vessels 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, to take care and dispose of such Prize;
and also upon Application to them (the said Commissioners) they shall
give, or cause to be given, to the said Agents, 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 otherwise shall be aiding and assisting
to the said Agents in all such Matters as shall be necessary. We do
hereby further will and direct, that the following Regulations shall
be observed concerning the One Eighth Part herein-before mentioned to
be granted to the Flag, or Flag Officers, who shall actually be on
Board at the taking of any Prize, or shall be directing or assisting
therein: First, That a Flag Officer, Commander in Chief, when 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 and Vessels under his
Command: Secondly, That a Flag Officer, sent to command at Jamaica, or
elsewhere, shall have no Right to any Share of Prizes taken by Ships or
Vessels 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 superior Flag Officer shall have no Right
to any Share or Prizes taken by the inferior Flag Officer, before the
inferior Flag Officer shall arrive within the Limits of the Command
of the superior Flag Officer, and actually receive some Order 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 or
Vessels 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 or Vessels which have
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 or Vessels of the Fleet or Squadron, shall
be divided in the following Proportions; viz. 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 equally divided amongst the other
Flag Officers: Seventhly, That Commodores with Captains under them
shall be esteemed as Flag Officers with respect to the Eighth Part of
Prizes taken, whether commanding in Chief or serving under Command. And
We do hereby further order, That in the Case of Cutters, Schooners,
and other armed Vessels commanded by Lieutenants, the Share of such
Lieutenants shall be Three Eighth Parts of the Prize, unless such
Lieutenants shall be under the Command of a Flag Officer or Officers;
in which Case the Flag Officer or Officers shall have One of the said
Three Eighths, to be divided among such Flag Officer or Flag Officers
in the Manner herein-before directed in the Case of Captains serving
under Flag Officers: Secondly, We direct that the Share of the Master
or other Person acting as Second in Command, and the Pilot, (if there
happens to be One on Board) shall be One Eighth Part, to be divided
into Three equal Parts; of which Two Thirds shall go to the Master,
or other Person acting as Second in Command, and the remaining One
Third to the Pilot; but if there is no Pilot, then such Eighth Part to
go wholly to the Master or Person acting as Second in Command: That
the Share of the Chirurgeon, or Chirurgeon's Mate, (where there is no
Chirurgeon) Midshipmen, and Clerk and Steward, shall be One Eighth;
That the Share of the Boatswain's, Gunner's, and Carpenter's Mates,
Yeomen of the Sheets, Sailmaker, Quarter Master, and Quarter Master's
Mate, shall be One Eighth; and the Share of the Seamen, Marines,
and other Persons on Board, assisting in the Capture, shall be Two
Eighth Parts. But it is Our Intention nevertheless, that the above
Distribution shall only extend to such Captures as shall be made by any
Cutter, Schooner, or armed Vessel, without any of His Majesty's Ships
or Vessels of War being present or within Sight of, and adding to the
Encouragement of the Captors, and Terror of the Enemy: But in Case
any of His Majesty's Ships or Vessels of War shall be present, or in
Sight, that then the Officers, Pilots, Petty Officers, and Men on Board
such Cutters and Schooners, or armed Vessels, shall share in the same
Proportion as is allowed to Persons of the like Rank and Denomination
on Board His Majesty's Ships and Vessels of War. Lastly, it is Our
Will and Pleasure, That this Our Declaration, and Order in Council
thereupon, shall extend not only to Captures from the French King, his
Subjects, and others inhabiting his Countries, but also shall extend
in the like Manner to all Ships and Goods now taken, and not finally
adjudged and condemned, and divided, or to be taken hereafter, under
the Act of Parliament of the Sixteenth Year of Our Reign, whereby it is
enacted, That, for the Encouragement of Our Officers of Our Ships of
War, the Flag Officers, Captains, Commanders, and other Commissioned
Officers in Our Pay, and the Seamen, Marines, and Soldiers on Board,
shall have the sole Interest and Property of and in all and every such
Ships and Goods as therein are recited, which they shall seize and
take; but being first adjudged, that is to say, finally adjudged lawful
Prize, and which are by the said Act declared forfeited to Us, and to
be divided and disposed of in such Proportion and after such Manner as
We, Our Heirs and Successors, shall by Proclamation or Proclamations
order and direct.
Given at Our Court at St. James's, the Sixteenth Day of September,
One thousand seven hundred and seventy-eight, in the Eighteenth Year
of Our Reign.