Part 21
Whereas our Royal Father of Glorious Memory, by His Proclamation, bearing Date the Nineteenth Day of July, in the Eighth Year of His Reign[1], did charge and command all His loving Subjects, who then were, or should be possessed of any Passes, which before the said Nineteenth Day of July had been issued for Ships and Vessels belonging to His said late Majesty's Subjects trading to Portugal, the Canaries, Guinea, the Indies, into the Mediterranean, or elsewhere, in the Way of the Cruizers of the Government of Algiers (excepting such as had been granted to such Ships or Vessels as were gone or going to the East Indies, or the South Seas, or any other long Trading Voyages) to return the same, and furnish themselves with Passes of a new Form, under the Hands and Seals of the Commissioners for executing the Office of High Admiral of Great Britain and Ireland, in lieu thereof, for their several Ships and Vessels, in such Manner as by the said recited Proclamation was directed: And whereas it hath been humbly represented unto Us, That it may have happened that several Passes granted pursuant to the said recited Proclamation may, either by Accident, or undue Means, have fallen into the Hands of Foreigners, who by Colour of such Passes may carry on their Trade; We, taking the Premises into Our Royal Consideration, and judging it necessary to put a speedy Stop to all such indirect Practices, which do not only tend to the Prejudice of Our trading Subjects, but may occasion a Misunderstanding between Us and the Governments on the Coast of Barbary, for preventing thereof have thought fit, by the Advice of our Privy Council, to publish this Our Royal Proclamation, and do hereby declare, That all such Passes of the present Form now in being shall not continue in Force longer than Twelve Months, to be computed from the First Day of March next ensuing the Date hereof (except such Passes as have been granted to Ships gone or going to the East Indies, or other remote Voyages, where they cannot be timely furnished with new Passes) and We do hereby strictly charge and command all Our loving Subjects, who are or shall be possessed of any such Passes, That they do within the Space of Twelve Months, to be computed from the said First Day of March next, return the same (except such as are before excepted) into the Office of the Admiralty of Great Britain, or to the respective Collectors of Our Customs at the Out-Ports of Great Britain and Ireland, or to the Governors of some of Our Foreign Plantations or Dominions, in order to their being cancelled; and that they do furnish themselves with Passes of a new Form, under the Hands and Seals of our Commissioners for executing the Office of High Admiral of Great Britain and Ireland, in lieu thereof, for their several Ships and Vessels, according to the Treaties subsisting between Us and the said Governments on the Coast of Barbary, and the Regulations made by Our said Royal Father, by Order in His Privy Council, on the Fourteenth Day of June, in the Year One thousand seven hundred and twenty two, and Our Instructions given to Our said Commissioners for executing the Office of High Admiral of Great Britain and Ireland, touching the same: And whereas many Ships and Vessels belonging to Our loving Subjects continue several Years trading from Port to Port in the Mediterranean without returning Home, whereby they cannot so conveniently procure their Passes to be exchanged, We do hereby, for the Ease of Our Trading Subjects, publish and declare Our Pleasure, That upon the Application of any Owner of any Ship or Vessel, or other substantial Merchant, to the Office of the Admiralty of Great Britain, and Oath made by him of the Property of such Ship or Vessel, and that Three Fourths of the Company are Our Subjects, according to an Act made in the Twelfth Year of the Reign of Our Royal Predecessor King Charles the Second [intituled, An Act for the Encouraging and Increasing of Shipping and Navigation] and upon entring into the usual Bond for the Return of such Pass at the End of the Voyage, it shall and may be lawful for Our Commissioners for executing the Office of High Admiral of Great Britain and Ireland, or Our High Admiral of Great Britain and Ireland for the time being, and they are respectively impowered to make out a new Pass for such Ship or Vessel, and send the same to such of His Majesty's Consuls in the Mediterranean, as the said Owner or Merchant shall desire, with Direction to such Consul, that upon Application to him from the Master of the Ship for which the Pass is made out, and surrendering up his old Pass, and entring into a like Bond for the Return of such new Pass, he shall deliver out the said new Pass to such Master, and transmit the old one, with the Bond, to the Office of the Admiralty of Great Britain. And in order more effectually to hinder for the future any Abuses that may be attempted by Foreigners relating to the new Passes to be issued as aforesaid, We do hereby further declare Our Royal Will and Pleasure, That all such new Passes to be hereafter issued for any Ships or Vessels whatsoever belonging to any of Our Subjects of the Island of Minorca or Gibraltar, shall be made out in a peculiar Form, different from the Form of the new Passes to be issued for Ships and Vessels belonging to any other Part of our Dominions, and that such new Passes shall be lodged with the respective Governors, Lieutenant Governors, or Commanders in Chief for the time being, of the said Island of Minorca and Gibraltar, and issued out only by them, according to the Regulations made by Our said Royal Father in Council, as aforesaid; and the said respective Governors, Lieutenant Governors, and Commanders in Chief are hereby charged and required not to issue or deliver out any such Passes to any Persons whatsoever, other than such as are really Our Subjects inhabiting in the said Island of Minorca or Gibraltar respectively, and strictly to conform themselves in all respects to the Regulations and Instructions made and given, as aforesaid. And We do hereby further publish and declare, That by Our Orders made in Our Privy Council on the Eighteenth Day of this instant December, We have ordered and directed, that the proper Officers of Our Customs in the several Ports of Our Kingdoms of Great Britain and Ireland do demand of the Masters of all Merchant Ships, so soon as they shall return into Port from a Foreign Voyage, all Passes granted as aforesaid, which shall be in their Possession, to be produced to the said respective Officers of Our Customs; and that if the same shall appear to be of an older Date than Twelve Months for Ships and Vessels trading on this side the Streights Mouth, or for Ships and Vessels trading to a greater Distance, in case the Voyages of such last mentioned Ships and Vessels shall be determined, then such Passes shall be delivered up to the said respective Officers of Our Customs, and be by them returned to the Office of the Admiralty of Great Britain; and in case the Master of any such Ship or Vessel shall refuse to produce or deliver up such Passes, according to the true Intent of Our said Order, then the said Officers shall certify the Name of every such Master, and of the Ship or Vessel, to Our Commissioners for executing the Office of High Admiral of Great Britain and Ireland, or to Our High Admiral of Great Britain and Ireland for the time being, to the end that Directions may be given for putting the Bond, entered into on the granting any such Pass, in Suit. And all Our Governors, Lieutenant Governors, and Commanders in Chief of any of Our Islands, Colonies, or Plantations, Consuls residing in Foreign Parts, and all other Our Officers and Ministers whatsoever, and all other Our loving Subjects whom it may concern, are hereby expressly required and commanded to yield due Obedience unto, and strictly to observe all the Orders, Instructions, Regulations, and Directions before mentioned, on Pain of Our high Displeasure.
Given at Our Court at St. James's the Thirty first Day of December, 1729. in the Third Year of Our Reign.
GOD SAVE THE KING.
London, Printed by the Assigns of His Majesty's Printer, and of Henry Hills, deceas'd. 1729.
_1 p. folio. Copies in Dalk., and P. C. Entered in Privy Council Register, II Geo., vol. 2, p. 126. Printed in "London Gazette," January 3, 1730._
FOOTNOTE:
[1] See proclamation of July 19, 1722, printed on p. 180.
1740, April 9.
[Encouraging Trade with America.]
BY THE KING.
A PROCLAMATION
GEORGE R.
Whereas by an Act passed this present Sessions 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;[1] it is, among other Things, enacted, for the encouraging his Majesty's Subjects to engage in joint and united, as well as separate Expences, Expeditions, and Adventures, That We, our Heirs, and Successors, be impowered, from time to time, during the Continuance of the present or any future War[2], to grant Charters or Commissions for the more effectual enabling any Societies, or particular Persons to join in Expeditions by Sea or Land, and to sail to, and in any of the Seas in America, for the attacking, taking, or destroying any Ships, Goods, Moveables or Immoveables, Settlements, Factories, Creeks, Harbours, Places of Strength, Lands, Forts, Castles, and Fortifications, now belonging, or hereafter to belong to, or to be possest by any Enemy, in any Part or Parts of America; and for the better making and carrying on any Preparations for such Purposes, and for the making and assuring to the Societies or Persons concerned, their Heirs, Successors, Executors, Administrators, and Assigns, full and undoubted Properties, Rights, and Titles, in and to the same, which such Societies or Persons shall take or cause to be taken from the Enemy, under such Regulations, and in such Manner and Form, as We, our Heirs and Successors, shall think fit, and at any Times hereafter, by any further Grants or Charters to confirm, and further assure the Premisses to them, so as to enable them to have and enjoy the full Benefit thereof, but so, as that nothing therein contained shall extend to exclude or restrain any of our Subjects from having a full and free Trade to and in any Part of America: And whereas We are desirous, that none of our loving Subjects should be ignorant of the said Encouragement, We have thought fit, with the Advice of our Privy Council, to publish the same, by this Our Royal Proclamation, to the End that all Officers, Seamen, Marines, Soldiers, and others, Our Subjects, may be fully informed of the Benefit thereby intended for such of them, as shall be willing to assist by their Endeavours in the vigorous Prosecution of the War, and the Annoyance of the Enemy.
Given at our Court at St. James's the Ninth Day of April, 1740, in the Thirteenth Year of our Reign.
GOD SAVE THE KING.
London, Printed by John Baskett, Printer to the King's most Excellent Majesty. 1740.
_1 p. folio. Copies in Dalk., and P. C.; also in N. Y. Public Library. Entered on Patent Rolls; entered in Privy Council Register, II Geo., vol. 7, p. 9. Printed in "London Gazette," April 12, 1740._
FOOTNOTES:
[1] "_Statutes at Large_" (_Basket_, 1764), vi, 379.
[2] War with Spain was declared October 19, 1739.
1740, June 19.
[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.
Jo. Cant. Hervey C. P. S. Pembroke, Hardwicke C. Dorset, Ilay, Wilmington P. Devonshire, Holles Newcastle.[1]
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.
[2] 1739-40. War had been declared with Spain, October 19, 1739.
1741, June 18.
[Regulating Distribution of Prizes.]
BY THE LORDS JUSTICES.
A DECLARATION
APPOINTING THE DISTRIBUTION OR PRIZES TAKEN BY WAY OF REPRIZAL BEFORE HIS MAJESTY'S DECLARATION OF WAR.
Wilmington, P. Devonshire, Montagu, Cha. Wager.[1] Dorset, Holles Newcastle, Pembroke,
His Majesty having, on the Tenth Day of July, One thousand seven hundred and thirty nine, taken into His serious Consideration the many and repeated Depredations which had been committed, and the many unjust Seizures which had been made in the West Indies, and elsewhere, by Spanish Guarda Costas, and Ships acting under the Commissions of the King of Spain, or his Governors, contrary to the Law of Nations, and in Violation of the Treaties subsisting between the Crown of Great Britain and Spain, whereby His Majesty's trading Subjects had sustained great Losses; and His Majesty having determined to take such Measures as were necessary for vindicating the Honour of His Crown, and for procuring Reparation and Satisfaction to His injured Subjects, was pleased, by and with the Advice of His Privy Council, upon the said Tenth Day of July, to order that General Reprizals should be granted against the Ships, Goods, and Subjects of the King of Spain; so that, as well His Majesty's Fleet and Ships, as also all other Ships and Vessels that should be commissionated by Letters of Marque or General Reprizals, or otherwise, by His Majesty's Commissioners for executing the Office of Lord High Admiral of Great Britain, should and might lawfully seize all Ships, Vessels, and Goods belonging to the King of Spain, or his Subjects, or others inhabiting within any the Territories of the King of Spain, and bring the same to Judgement in any of the Courts of Admiralty within His Majesty's Dominions:
[The remainder of this proclamation, which has no further direct reference to the American plantations, provides for the distribution of the prize money arising from the sale of Spanish vessels seized between July 10 and the time of the declaration of war, October 19, 1739: namely, that one half should go to those who had suffered from unjust Spanish depredation according to such regulations as should later be determined, and one half should go to officers and sailors concerned in the capture according to the regulations of the Proclamation of June 19, 1740. Commanders who had taken prizes were to transmit to the Commissioners of the Navy true lists of all officers and seamen on board at the time of capture.]