cife, or clerk of the cheque, to whom fuch order fhall be directed, and the third fhall be delivered to the treasurer of the navy. And at the end of twenty-eight days or more, after the date of fuch declaration and order, the fame, together with fuch certificate as is mentioned therein from the miniiter and churchwarden of the parish where fuch wife or mother thall refide, fhall be prefented to the treafurer of the navy, or other public officer to whom the fame is addreffed, who fhall examine into the truth thereof (upon the oath of fuch wife or mother, if neceffary); and upon his being fatisfied, he fhall immediately pay to fuch wife or mother the fum fo allotted, without fee or deduction, taking her receipt for the fame, and fhall fign his name as witnefs thereto, and fhall mark fuch receipt with the fame number as that of her hulband's declaration and order, and thall alfo mark thereon the fum paid, and the date, and the time from whence, and up to what time the fame fo became due, and fhall deliver back fuch declaration and order to fuch wife or mother; and fhall also mark fuch triplicate in like manner; and at the end of every twenty-eight days afterwards,upon fimilar application, a like payment fhall be made in the fame manner. If the wife of any fuch perfon fhall die and leave a child or children under fourteen, the minifter and church-warden where fuch wife refided at the time of her death, fhall certify to the commiffioners of the navy the day of her death; and if children are left, the ages of those under fourteen, as nearly as they can, and how many are boys; and fhall alfo certify their intention of appointing a fit perfon, refident within fuch parish, to receive that part of the father's wages allotted for the maintenance of his children, in cafe of his wife's death; and along with fuch certificate fhall alfo tranfmit the triplicate of the declaration and order, which was in her poffeflion at the time of her death; and if the commiflioners of the navy are fatisfied of the truth thereof, and that the father is ftill alive, and in the fervice of his majefty, they fhall make out three certificates and orders, which thall be triplicates of each other, in a prefcribed form, and fhall fend them to the minifter or churchwarden of the parish where the wife died, who shall fill up the blanks, and fign them, and having procured two juftices of the county, wherein fuch parifh lies, to atteft the fame, fhall return the faid three triplicates to the commiflioners of the navy. Certain forms of caution are then to be fulfilled, and at the end of twenty-eight days more, from the laft payment made to the wife who died, or from the date of the original de claration and order, in cafe fhe has received no payment thereon, the perfon fo appointed may apply to fuch public officer, to whom the fame is addreffed, for payment of what may be due thereon, and fhall then produce the original declaration and

order, and the certificate of the minifter and churchwarden, and attestation by the juftices, and allowance by three commiffioners, as aforefaid; and fhall alfo deliver a certificate from the minifter and churchwarden, specifying that there is a child, or the number of children, under fourteen, then living in their parish, diftinguifhing how many are boys, and their ages as near as they can; and fhall in all things proceed in the fame manner as before directed; and fuch payment fhall be continued fo long as all, or any one of fuch children fhall remain under fourteen, or the father fhall live and continue in the king's fervice; except as afterwards excepted, where no demand fhall have been made within fix months. And if any such feaman, landman, or marine, fhall be promoted, he may increase the allowance out of his pay to his wife, children, or mother, to the amount allowed to his rank as aforefaid; and the fame rules and regulations fhall be obferved as before are directed and preferibed. Many claufes are introduced into this truly wife and benevolent law, for the prevention of fraud and delay; and it is enacted, that if any fuch wife as aforefaid fhall defert, or otherwife neglect and leave unfupported and unmaintained any fuch child under fourteen, and who fhall for one month become chargeable to any parish, the minifter and churchwarden of fuch parifh may certify the fact to the commiflioners of the navy, and alfo their intention to appoint a proper perfon to receive, and apply to the ufe of fuch child, the pay fo allowed for the fupport of her and fuch child; and if fuch commithioners be fatisfied therewith, they fhall proceed to appoint a proper perfon to receive fuch pay in the fame manner as if fuch wife had died. All allotments of wages to be paid in pursuance of this act shall be fully paid, without deduction, although a part thereof be in fractions of the smallest denomination; and every perfon withholding any part thereof under any pretence whatever, fhall forfeit 20/. And if any perfon fhall make, forge, or counterfeit any fuch declaration or order, or any certificate or reccipt herein before defcribed or mentioned, or publifh the fame, in order to enable any perfon to obtain any fuch wages fo allotted as aforefaid, he fhall be guilty of felony without benefit of clergy.

MARINES. Befide the regular feamen employed on board his majesty's fhips, there are bodies of marines, or foldiers, raised for the fea fervice, and trained to fight either in a naval engagement or in an action afhore. Thefe ufeful corps were first raifed in 1755, and their utility was frequently manifested in the feven years war, particularly at the fiege of Belleifle, where they acquired a great character although they were then but little exercifed in military difcipline. At fea they are incorporated with the fhip's crew, of which they make a part: and many of

them learn in a fhort time to be excellent feamen, to which their officers are ordered by the admiralty to encourage them, although no fea officer is to order them to go aloft against their inclination: In a sea fight their small arms are of very great advantage in fcouring the decks of the enemy, and they are of great use in preventing attempts to board. The fole direction of the corps of marines is vefted in the lords commiffioners of the admiralty; and in the admiralty is a diftinct apartment for this purpofe. The fecretary to the admiralty, is likewife fecretary to the maines, and he has under him feveral clerks for the management of this department. The marine forces of Great Britain in the time of peace are stationed in three divifions; one of which is quartered at Chatham, one at Portfmouth, and another at Plymouth. By a late regulation, they are ordered to do duty at the feveral dock-yards of thofe ports, to prevent embezzlement of the king's ftores, for which a captain's guard mounts every day. The marine corps are under the command of their own field officers, 'who difcipline them, and regulate their different duties. In 1760, George II. formed a new establishment of marine officers, entitled, the general, lieutenant-general, and three colonels of marines (one of each divifion), to be taken from officers in the roval navy. The first two are always enjoyed by flag officers, the laft by poft captains only. This eftablishment was formed to reward diftinguithed oflicers.

GOVERNMENT. When at fea, the marines are under the general naval regulations, and there are annual acts for the better governing his majetty's royal marine forces whilft on fhore, which are in moit refpects the fame with the regulations concerning the land forces; only with fome neceffary variations, on account of thofe forces being fubject to the jurifdiction of the admiralty. Thus, the lord high admiral, or three commiffioners of the admiralty, are to form articles of war, and grant commiffions for holding courts martial. The juftice's certificate for enlifting is to fet forth, that the fecond and third fections of the articles of war, for the better government of his majesty's royal marine forces, while on fhore in Great Britain or Ireland, were read to the perfon inliited, and that he had taken the oath of fidelity mentioned in the twelfth fection of the faid articles of war. Notice of a deferter being apprehended, is to be sent to the secretary of the admiralty. The billeting and carriages are to be in pursuance of orders from the admiralty.

ESTABLISHMENT. The prefent establishment of the marines, confifts of 173 companies, befides four of artillery; and their head quarters are, at Chatham 48 companies, at Portfmouth and Plymouth 49 companies each, and at Woolwich 31 companics.

PAY.

PAY. The establishment for the pay of his majesty's marine forces, has already been described at page 19 of this volume.

PRIVATEERS. A privateer is a kind of private man of war; the ufe of fuch fhips is not very ancient, and fome perfons accountthose but one degree removed from pirates, who without any respect to the caule, or having any immediate injury done them, or not being so much as hired for the fervice, plunder men and goods, and ruin innocent traders, making a traffic of it amidit the calamities of war. That privateers in general are lawful when under right conduct, there is no room to question; all ways of bringing an enemy to reafon, which are not repugnant to the laws of nations, are allowed; and it is of no confequence whether a perfon fo commiflioned is paid from the public fund, or content to pay himself, out of the spoils of the enemy; or if he acts for no pay at all, but out of love to his country, and loyalty to his prince. It has therefore been cuftomary, fince the trade of Europe has been fo extensive, for princes and states, in times of war, to iffue commiflions to private men to equip fhips and the perfons concerned in privateers administer at their own costs a part of a war, by providing veffels of force, and all other military utenfils, to damage the enemy; and they have, inftead of pay, leave granted to keep what they can take, allowing the admiral his fhare. Befides the common commissions, mention is made of fpecial commiffions, granted to perfons that take pay, who are under difcipline; and if they do not obey orders, may be punished with death. And the wars in later ages have generally given occafion for the iffuing commillions to annoy the enemies in their commerce, and hinder fuch fupplies as might strengthen them, or lengthen out the war; and likewife to prevent the feparation of ships of greater force from their fleet. By a law made in the fixth year of the reign of queen Anne, the lord high admiral, or commiffioners of the admiralty, during the war, were empowered to grant commissions to commanders of British fhips (on their giving security as ufual, upon granting fuch commiflions, except for payment of the tenths to the lord admiral) for the feizing and taking fhips and goods belonging to enemies, in any fea of river; and perfons ferving on board privateers are not to be imprefied by any fhip of war, under 207. penalty, Privateers may not attempt any thing against the law of nations; as to affauit an enemy in a port or haven, under the protection of any prince or republic, be the friend, ally, or neuter; for the peace of fuch place mult be kept inviolably. When thefe private commiflions are granted, great care is always to be taken, to preferve the leagues of allies, neuters, and friends, according to their feveral treate

The owners of privateers are not to convert any part of their captures to their own ufe, until they are condemned as prize and whether a fhip fhall be prize or not, is tried in the admiralty, and no prohibition can be granted.

LETTERS OF MARQUE AND REPRISAL. Letters of marque are extraordinary commiflions granted by authority for reparation to merchants, taken and defpoiled by ftrangers at fea; and reprifal is the retaking of that which has been captured, or the taking of an equivalent. The goods of others may be taken upon the fea, by letters of marque and jus reprifaliarum; but not by any private authority, only by the power of that prince or ftate, whofe fubject the injured perfon is.

In modern times, the actual fact of caption by an enemy and a refufal of reftitution is not required in order to the iffuing of letters of marque and reprital; they form part of the general fyftem of warfare, and are of ufe only as vouchers for certifying to the fhips of our own nation, or to the officers of friendly and neutral countries, the quality of the armed fhip which is furnished with them. In ancient times, however, they were formally required and regularly iffued. The earlieft notice on English record of letters of marque, occurs in 1295, when they were granted by Edward I. to one of his Gafcon subjects, to indemnify him for an injury fuftained from the king of Portugal. 'Afterward they were granted to a private merchant for recovery of a debt; but by later treaties, provifion has been made that they shall not be iffued rathly, nor are they now allowed in any other cafe than that of a war between two countries. Before any letters of marque or reprifals are iflued, it is enjoined, that fecurity be given, in the high court of admiralty, before the judge, in the fum of three thousand pounds, if the fhip carry above one hundred and fifty men, and, if a lefs number, fifteen hundred pounds, to make good any damages that fhall be done, contrary to the intent and true meaning of their inftructions, and (in cafe the whole of the prizes is not given to the captors) to caufe to be paid to his majefty, or to fuch perfon as fhall be authorised to receive the fame, the full tenth part of the prizes, goods, and merchandizes, according to the price at which the fame fhall be appraifed, as alfo the customs due to the

crown.

PRIZES. The right of taking prizes is among the most ancient and established cuftoms of war. It was formerly carried to a much greater extent than modern policy allows. The fyftem at prefent obferved in England and the British dependencies, with refpect to captures at fea, is perfectly correfpondent with the pureft principles of the law of nations. No prize can be appropriated until legally condemned; the proprietors are al

lowed