[Appointing the Distribution of Prizes.]

BY THE KING.

A PROCLAMATION

Appointing the Distribution of Prizes taken during the Continuance of the Rebellion now subsisting in divers Parts of the Continent of North America.

George R.

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.

God save the King.

London: Printed by Charles Eyre and William Strahan, Printers to the King's most Excellent Majesty. 1775.

1 p. folio. Copies in Antiq., and P. C. Entered on Patent Rolls, and in Crown Office Docquet Book, vol. 12; entered in Privy Council Register, III Geo., vol. 12, p. 267. Printed in "London Gazette," December 23, 1775.