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.
God save the King.
London: Printed by Charles Eyre and William Strahan, Printers to the King's most Excellent Majesty. 1778.
1 p. folio. Copies in Antiq., and P. C.; also in John Carter Brown Library. Entered on Patent Rolls, and in Crown Office Docquet Book, vol. 12; entered in Privy Council Register, III Geo., vol. 15, p. 515. Printed in "London Gazette," September 19, 1778.
[1779, January 1.]
[Fast Day in England.]
BY THE KING.
A PROCLAMATION