Part 22
Given at Whitehall the Eighteenth Day of June, 1741, in the Fifteenth Year of His Majesty's Reign.
GOD SAVE THE KING.
London, Printed by John Baskett, Printer to the King's most Excellent Majesty. 1741.
_1 p. folio. Copies in Antiq., and P. C. Entered in Privy Council Register, II Geo., vol. 7, p. 490. Printed in the "London Gazette," June 20, 1741._
FOOTNOTE:
[1] Issued by the Lords Justices, during the absence of the King at Hanover.
1741, June 18.
[Regulating Distribution of Prizes.]
BY THE LORDS JUSTICES.
A DECLARATION
APPOINTING THE DISTRIBUTION OF PRIZES TAKEN SINCE THE DECLARATION OF WAR, AND BEFORE THE COMMENCEMENT OF THE ACT OF PARLIAMENT FOR GRANTING THE PRIZES TO THE CAPTORS.
Wilmington, P. Devonshire, Montagu, Cha. Wager. Dorset, Holles Newcastle, Pembroke,
Whereas by an Act of Parliament made in the Thirteenth Year of His Majesty's Reign, 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 among 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 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, in Pursuance whereof a Proclamation was issued on the Nineteenth of June, One thousand seven hundred and forty, directing in what Manner and Proportion the said Prizes should be distributed among the Captors: And whereas between the Time of His Majesty's Declaration of War against Spain, which was on the Nineteenth of October, One thousand seven hundred and thirty-nine, and the aforementioned Fourth of January, One thousand seven hundred and thirty nine, His Majesty's Ships of War have seized and taken in Europe several Ships, Vessels, and Goods belonging to the Enemy; and between the said Nineteenth of October One thousand seven hundred and thirty-nine, and the said Twenty Fourth of June, One thousand seven hundred and forty, His Majesty's Ships of War have taken divers other Ships, Vessels, and Goods of the Enemy, in other Parts of the World, the Property whereof became vested in His Majesty;
[The remainder of the proclamation provides for the distribution of prize money arising from the sale of the enemy's vessels seized within the specified intervals, among the officers and seamen of the ships concerned in the capture, according to the proclamation of June 19, 1740.]
Given at Whitehall the Eighteenth Day of June, One thousand seven hundred and forty one, in the Fifteenth Year of His Majesty's Reign.
GOD SAVE THE KING.
London, Printed by John Baskett, Printer to the King's most Excellent Majesty. 1741.
_1 p. folio. Copy in P. C. Entered in Privy Council Register, II Geo., vol. 7, p. 493. Printed in "London Gazette," June 20, 1741._
1744, March 29.
[Declaration of War against France.]
HIS MAJESTY'S.
DECLARATION
OF WAR AGAINST THE FRENCH KING.
GEORGE R.
The Troubles, which broke out in Germany, on Account of the Succession of the late Emperor Charles the Sixth, having been begun, and carried on, by the Instigation, Assistance, and Support of the French King, with a View to overturn the Balance of Power in Europe, and to extend the dangerous Influence of that Crown, in direct Violation of the solemn Guaranty of the Pragmatic Sanction given by him in the Year One thousand seven hundred and thirty eight, in Consideration of the Cession of Lorraine; and We having, on Our Part, executed Our Engagements for maintaining the Pragmatic Sanction, with that good Faith, which is inseparable from Us; and having opposed the Attempts made against the Dominions of the Queen of Hungary; We are not surprised, that Our Conduct, in this Respect, should have drawn upon Us the Resentment of the French King, who has found his ambitious Views, in a great Measure, disappointed by the Assistance We have furnished to Our Ally, unjustly attacked by him; or that he should alledge it as a principal Reason for declaring War against Us.
From the Time, that We found Ourselves obliged, for the Maintenance of the just Rights of Our Subjects, to enter into a War with Spain, instead of observing a strict Neutrality, which We might have promised Ourselves on the Part of the French King, from whom We were even founded by Treaty to have demanded Assistance; he has given Encouragement and Support to Our Enemies, by conniving at his Subjects acting as Privateers under Spanish Commissions, both in Europe and America; and by sending in the Year One thousand seven hundred and forty, a strong Squadron into the American Seas, in order to prevent Us, from prosecuting the just War, which We were carrying on against Spain, in those Parts; And We have the most authentick Proof, that an Order was given to the Commander of the French Squadron, not only to act in a hostile Manner against Our Ships, either jointly with the Spaniards, or separately; but even to concert Measures with Our Enemies, for attacking one of Our principal Dominions in America; a Duplicate of that Order dated the Seventh of October, One thousand seven hundred and forty, having fallen into the Hands of the Commander in Chief of Our Squadron in the West Indies. This injurious Proceeding was greatly aggravated by the French Minister at Our Court, having declared on Occasion of sending the said Squadron, that the French King was very far from having any Design, or Intention, of breaking with Us.
The same offensive Conduct was continued, on the Part of the French King, towards Us, by his Squadron in the Mediterranean, in the Year One thousand seven hundred and forty one, joining with, and protecting the Ships of Our Enemies, in Sight of Our Fleet, which was preparing to attack them.
These unwarrantable Proceedings; The notorious Breach of Treaties, by repairing the Fortifications, and erecting New Works at Dunkirk; the open Hostilities lately committed against Our Fleet in the Mediterranean; the Affront and Indignity offered to Us, by the Reception of the Son of the Pretender to Our Crown, in the French Dominions; the Embarkation actually made at Dunkirk, of a considerable Body of Troops, notoriously designed for an Invasion of this Kingdom, in Favour of the Pretender to Our Crown; and the sending a Squadron of French Ships of War into the Channel, to support the said Embarkation and Invasion; will be lasting Monuments of the little Regard had by the French Court, for the most solemn Engagements, when the Observance of them is inconsistent with Interest, Ambition, or Resentment.
We cannot omit taking Notice of the unjust Insinuations contained in the French King's Declaration of War against Us, with respect to the Convention made at Hanover, in October, One thousand seven hundred and forty one. That Convention, regarding Our Electorate only, had no Relation to Our Conduct as King of Great Britain: the Allegations concerning it, are groundless and injurious: Our Proceedings in that Respect, having been perfectly consistent with that good Faith which We have always made the Rule of Our Actions.
It is unnecessary to mention the Objections made to the Behaviour of Our Ministers in Foreign Courts; since it is notorious, that the principal View, and Object, of the Negotiations of the French Ministers in the several Courts of Europe, have been, either to stir up intestine Commotions in the Countries, where they resided; or to create Differences, and Misunderstandings, between them, and their respective Allies.
The Charge of Piracy, Cruelty, and Barbarity against Our Ships of War, is equally unjust and unbecoming; and We have all such Proceedings so much in Abhorrence, that, if any Practices of that Nature had been made appear to us, We should have taken effectual Care to put a Stop to them, and to have punished the Offenders in the severest Manner.
We being therefore indispensibly obliged to take up Arms, and entirely relying on the Help of Almighty God, who knows the Uprightness of Our Intentions, have thought fit to declare, and do hereby declare War against the French King; and We will, in pursuance of such Declaration, vigorously prosecute the same by Sea and Land; being assured of the ready Concurrence and Assistance, of all Our loving Subjects, in so just a Cause: And We do hereby will, and require, Our Generals and Commanders of Our Forces, Our Commissioners for Executing the Office of High Admiral of Great Britain, Our Lieutenants of Our several Counties, Governors of Our Forts and Garrisons, and all other Officers under them, by Sea and Land, to do, and execute, all Acts of Hostility, in the Prosecution of this War against the said French King, his Vassals, and Subjects, and to oppose their Attempts; willing, and requiring, all Our Subjects to take Notice of the same, whom We henceforth strictly forbid to hold any Correspondence, or Communication, with the Subjects of the French King: And We do hereby command Our own Subjects, and advertise all other Persons of what Nation soever, not to transport or carry any Soldiers, Arms, Powder, Ammunition, or other Contraband Goods, to any of the Territories, Lands, Plantations, or Countries of the said French King; declaring, that whatsoever Ship or Vessel shall be met withal, transporting or carrying any Soldiers, Arms, Powder, Ammunition, or other Contraband Goods, to any of the Territories, Lands, Plantations, or Countries of the said French King, the same being taken, shall be condemned as good and lawful Prize. And whereas there are remaining in Our Kingdoms divers of the Subjects of the French King, We do hereby declare Our Royal Intention to be, that all the French Subjects, who shall demean themselves dutifully towards Us, shall be safe in their Persons and Estates.
Given at Our Court at St. James's, the Twenty ninth Day of March, 1744, in the Seventeenth Year of Our Reign.
GOD SAVE THE KING.
London, Printed by Thomas Baskett and Robert Baskett, Printers to the King's most Excellent Majesty. 1744.
_1 p. folio. Copies in B. M., and P. C.; also in John Carter Brown Library. Entered on Patent Rolls; entered in Privy Council Register, II Geo., vol. 9, p. 269. Printed in "London Gazette," March 31, 1744. The declaration was reprinted in Boston by T. Fleet, 1744, as a broadside. Copies are in the American Antiquarian Society and the Boston Public Library._
1744, June 14.
[Regarding Distribution of Prizes.]
BY THE KING.
A PROCLAMATION
GEORGE R.
Whereas Application has been made to Us, in order to prevent Disputes arising among the Flag Officers, who have been or may hereafter be employed in Our Service, upon the Construction of that Part of the Proclamation of Our Lords Justices, during Our Absence, on the Nineteenth Day of June, One thousand seven hundred and forty, appointing a Distribution of the Spanish Prizes and Bounty Money, which relates to the Shares granted to the Flag or Flag Officers, who shall be actually on Board at the taking any Prize, or shall be directing or assisting therein: And whereas We having taken the Opinion of Our Lords Commissioners of the Admiralty, do judge it expedient to make such a Regulation, as may explain and settle the Right of Flag Officers, and Commanders, in all Cases of Prizes taken from any of Our Enemies at Sea; We therefore, with the Advice of Our Privy Council, do by this Our Proclamation[1] publish, order, and declare, That the following Regulations be observed: First, That a Flag Officer commanding in Chief upon Service, shall have One Eighth Part of all 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 Prizes taken by Ships employed there before he arrives, within the Limits of his Command: Thirdly, That when an inferior Flag Officer, or Private Ships, are 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 Prizes taken by them, before their Arrival within the Limits of his Command: Fourthly, That a Chief Flag Officer, returning home from Jamaica, or elsewhere, shall have no Share in Prizes taken by the Ships left at Jamaica, or elsewhere, after he has got out of the Limits of his Command: Fifthly, That if a Flag Officer is sent to command in the Out-ports of this Kingdom, he shall have no Share in Prizes taken by Ships that sail from that Port, by Order from the Admiralty: Sixthly, That when more Flag Officers than one serve together, the Eighth Part of all Prizes taken by any Ships of the Fleet or Squadron, shall be divided in the following Proportion, viz. If there be but Two Flag Officers, the Chief shall have Two Third Parts, 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, whether commanding in Chief, or serving under Command.
Given at Our Court at Kensington, this Fourteenth Day of June, 1744, in the Eighteenth Year of Our Reign.
GOD SAVE THE KING.
London, Printed by Thomas Baskett and Robert Baskett, Printers to the King's most Excellent Majesty. 1744.
_1 p. folio. Copy in P. C. Entered on Patent Rolls; entered in Privy Council Register, II Geo., vol. 9, p. 355. Printed in "London Gazette," June 16, 1744._
FOOTNOTE:
[1] A long proclamation was issued November 7, 1744, providing for the distribution of the bounty for destroying French ships, which is omitted from this volume since it contains no direct reference to America. It was printed in the _London Gazette_ of November 10, 1744, and a copy of the original broadside is in the Privy Council Office.
1752, June 25.
[Continuing Officers in Georgia.]
BY THE LORDS JUSTICES.
A PROCLAMATION.
Hardwicke, C. Hartington, Granville, P. Holdernesse.[1]
Whereas by Letters Patent of his present Majesty, under his great Seal, which erected the Territories and Country of Georgia in America into One Free Province, under the Trustees for establishing the Colony of Georgia in America, the immediate Government thereof was, after the Determination of a Term of Twenty-one Years therein mentioned, to come to his said Majesty, his Heirs and Successors; which Term is not yet expired: And whereas the said Trustees having voluntarily made a Proposal to his Majesty, to make an absolute Surrender of all the Powers, Rights, and Trusts, vested in them by the said Charter; which his Majesty having been pleased graciously to accept, the said Trustees did, by their Indenture of Grant and Surrender, bearing Date the Twentieth Instant, grant and surrender to his Majesty, his Heirs, and Successors, the said Charter, and all Powers, Jurisdictions, Countries, and Territories, thereby granted to them; by which, the immediate Care of the said Province, and of his Majesty's Subjects there, is now devolved upon his Majesty;[2] We being desirious of making Provision for the present Government of the said Province, and securing the Peace and good Order thereof, until his Majesty shall establish such other Form and Order of Government therein, as to his Majesty, in his Royal Wisdom, shall seem most for the Honour of his State, and the Happiness of his Subjects there; have thought fit, with the Advice of his Majesty's Privy-Council, to issue this Proclamation; and do hereby order, signify, and declare his Majesty's Pleasure, That all Persons who now are, or, at the Time of the Publication of this Proclamation, shall be duly and lawfully possessed of, or invested in, any Offices or Places of Authority, Government, or Employment, Ecclesiastical, Civil, or Military, in his Majesty's said Colony of Georgia, and particularly all Governors, Lieutenants, or Deputy Governors, President, and Assistants, Council, Judges, Justices, Magistrates, Provost Marshals, Sheriffs, Justices of the Peace, and all others in any Place or Rank of Government, or concerned in the Administration of Government, either Inferior or Superior, and all other Officers and Ministers holding any Office, Place, or Employment there, shall hold under his Majesty, and be continued in their said several and respective Places, Offices, or Employments, and enjoy the same with the like Salaries, Fees, and Emoluments thereto belonging, which have hitherto been actually paid, until his Majesty's Pleasure be further known, or other Provision be made for the due Government and Ordering of his Majesty's said Colony: And that in the mean Time, for the Preservation of the publick Peace and Tranquillity of the said Province, We do strictly command all the said Persons, of whatsoever Rank, Degree, or Condition, to proceed in the Execution of their respective Offices, and to perform all the Duties thereunto belonging: And further, We do hereby will and command all and singular his Majesty's Subjects in the said Colony, of what Estate or Degree they, or any of them, be, to be obedient to, and aiding, helping, and assisting the said Officers and Ministers in the Performance and Execution of their said Offices, Places, and Employments, as they tender his Majesty's Displeasure, and will answer the contrary at their utmost Perils: All which Matters and Things, herein before commanded and directed, We do, by this Proclamation, order and direct to be done, performed, submitted to, and obeyed, until his Majesty shall further make known his Royal Will and Pleasure thereupon.
Given at Whitehall the Twenty-fifth Day of June, 1752, in the Twenty sixth Year of his Majesty's Reign.
GOD SAVE THE KING
_Manuscript copy in P. C. No printed copy found. Entered on Patent Rolls, and in Crown Office Docquet Book, vol. 11; entered in Privy Council Register, II Geo., vol. 14, p. 105. Printed in "London Gazette," July 4, 1752, from which the above transcript was made._
FOOTNOTES:
[1] Issued by the Lords Justices, during the absence of the King at Hanover.
[2] The charter establishing the colony of Georgia, dated June 9, 1732, was formally surrendered by the Trustees, June 23, 1752, and the colony became a royal province (see C. C. Jones' _History of Georgia_, i, 450-459).
1756, May 17.
[Declaration of War against France.]
HIS MAJESTY'S
DECLARATION
OF WAR AGAINST THE FRENCH KING.
GEORGE R.
The unwarrantable Proceedings of the French in the West Indies, and North America, since the Conclusion of the Treaty of Aix la Chapelle, and the Usurpations and Encroachments made by them upon Our Territories, and the Settlements of Our Subjects in those Parts, particularly in Our Province of Nova Scotia, have been so notorious, and so frequent, that they cannot but be looked upon as a sufficient Evidence of a formed Design and Resolution in that Court, to pursue invariably such Measures, as should most effectually promote their ambitious Views, without any Regard to the most solemn Treaties and Engagements. We have not been wanting on Our Part, to make, from time to time, the most serious Representations to the French King, upon these repeated Acts of Violence, and to endeavour to obtain Redress and Satisfaction for the Injuries done to Our Subjects, and to prevent the like Causes of Complaint for the future: But though frequent Assurances have been given, that every thing should be settled agreeable to the Treaties subsisting between the Two Crowns, and particularly that the Evacuation of the Four Neutral Islands in the West Indies should be effected (which was expressly promised to Our Ambassadour in France) the Execution of these Assurances, and of the Treaties on which they were founded, has been evaded under the most frivolous Pretences; and the unjustifiable Practices of the French Governors, and of the Officers acting under their Authority, were still carried on, till, at length, in the Month of April, One thousand seven hundred and fifty four, they broke out in open Acts of Hostility, when, in Time of profound Peace, without any Declaration of War, and without any previous Notice given, or Application made, a Body of French Troops under the Command of an Officer bearing the French King's Commission, attacked in a hostile Manner, and possessed themselves of the English Fort on the Ohio in North America.
But notwithstanding this Act of Hostility, which could not but be looked upon as a Commencement of War, yet, from Our earnest Desire of Peace, and in Hopes the Court of France would disavow this Violence and Injustice, We contented Ourselves with sending such a Force to America, as was indispensably necessary for the immediate Defence and Protection of Our Subjects against fresh Attacks and Insults.
In the mean Time great Naval Armaments were preparing in the Ports of France, and a considerable Body of French Troops embarked for[1] North America; and though the French Ambassadour was sent back to England with specious Professions of a Desire to accommodate these Differences, yet it appeared, that their real Design was only to gain Time for the Passage of those Troops to America, which they hoped would secure the Superiority of the French Forces in those Parts, and enable them to carry their ambitions and oppressive Projects into Execution.
In these Circumstances We could not but think it incumbent upon Us, to endeavour to prevent the Success of so dangerous a Design, and to oppose the Landing of the French Troops in America; and in Consequence of the just and necessary Measures We had taken for that Purpose, the French Ambassadour was immediately recalled from Our Court, the Fortifications at Dunkirk, which had been repairing for some Time, were enlarged; great Bodies of Troops marched down to the Coast; and Our Kingdoms were threatened with an Invasion.
In order to prevent the Execution of these Designs, and to provide for the Security of Our Kingdoms, which were thus threatened, We could no longer forbear giving Orders for the seizing at Sea the Ships of the French King, and his Subjects. Notwithstanding which, as We were still unwilling to give up all Hopes that an Accommodation might be effected, We have contented Ourselves hitherto with detaining the said Ships, and preserving them, and (as far as was possible) their Cargoes intire, without proceeding to the Confiscation of them; but it being now evident, by the hostile Invasion actually made by the French King of Our Island of Minorca, that it is the determined Resolution of that Court to hearken to no Terms of Peace, but to carry on the War, which has been long begun on their Part, with the utmost Violence, We can no longer remain, consistently with what We owe to Our own Honour, and to the Welfare of Our Subjects, within those Bounds, which, from a Desire of Peace, We had hitherto observed.