[Providing for Distribution of Prize Money.]

BY THE LORDS JUSTICES.

A PROCLAMATION

Appointing the Distribution of Prizes taken, and the Bounty for taking Ships of War of the Enemy.

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.

God save the King.

London, Printed by John Baskett, Printer to the King's most Excellent Majesty. 1740.

1 p. folio. Copies in Antiq., Dalk., and P. C. Entered in Privy Council Register, II Geo., vol. 7, p. 118. Printed in "London Gazette," June 24, 1740.

FOOTNOTES:

[1] This proclamation was issued by the Lords Justices in the absence of the King, who from May to October, 1740, was at Hanover endeavoring to secure the allegiance to England of Frederick the Great.