lowed all poffible means of defence in the admiralty court, and if diflatisfied with the decifion, they are at liberty to appeal to a tribunal inftituted on purpofe; and the decifions are not formed on the narrow principles which avowed hoftility might be expected to create, but on fuch as are founded on general law, locally adminiftered, but in its mode of adminiftration convertible into a precedent, and fubject to the animadverfion of those nations with which Great Britain is at peace.

14

DISTRIBUTION OF PRIZES. The diftribution of the value of prizes taken by privateers has already been mentioned. The property in all other captures, is by prerogative vested in the crown; but as an incitement to, and reward of valour, it is ufual for the king by proclamation to apportion the value of all prizes among the captors and in the diftribution is included the value of the fhip, if retained for the public fervice, and a fuppofed ranfom of the crew, called head money. The proportions in which this benefit is diftributed, vary according to the dif cretion of the miniftry, but that which has been moft in ufe is as follows. To the flag-officer, when there is any fuch concerned in the capture, part of the whole, and to the captain; but if there be not any flag-officer, who has a right to a fhare, then the captain is to have. To the marine captain if any, lieutenants of the fhip, and mafter. To the marine lieutenants, if any, boatswain, gunner, carpenter, mafters mates, furgeon, and chaplain. To the midshipmen, carpenter's mates, boatfwain's mates, gunner's mates, corporal, yeoman of the sheets, coxfwain, quarter mafter, mates, affiftant furgeons, yeomen of the powder room, and the ferjeant of the marines. To the trumpeters, quarter gunners, carpenter's crew, steward, cook, armourer, fteward's mate; cook's mate, gunfmith, coopers, fwabbers, ordinary trumpeters, able feamen, ordinary feamen, volunteers by warrant, and marine foldiers, if any, 4. And where there are no marine officers or foldiers on board, the officers and foldiers of land companies, if any, have the like allowance as is appointed for them; but in cafe any officers are abfent, in time of capture, their fhares are to be caft into the laft

article.

EMBARGOES. It has been ufual in all nations at the time of going to war, to feize and detain all fhips in their ports belong ing to the enemy, even although they were trading there under the faith of treaties, and incapable of doing injury or violence.

Perhaps this practice is better vindicated by allegations of its antiquity and generality, than by arguments of its juftice. As it is always mutual it is fo far not unfair; and were the right abandoned by all nations, it would be difficult to define what voyage a fhip. fhould perform, or under what guaranty the should

R 4

fail,

fail, fo as to effect her own fecurity without doing injury to the nation whofe ports the quitted, or conveying affiftance or intelligence to the enemy. The veffels thus fecured have ever been condemned as lawful prize; but as no admiral or other perfon is intitled to the benefit, the produce remains purely the property of the crown. It is generally applied by his majesty's direction, and with the confent of parliament, in profecuting fome of the objects of the war, or in relief of the public burthens.

NAVY AGENTS. All matters relating to the interests of individuals in the navy, both in pay and prize money, are tranfacted by navy agents. Thefe perfons are not appointed by government, or limited in number; they recommend themfelves by diligence and integrity, and are paid by a moderate poundage out of the fums they receive.

The general business of the navy connected with government is tranfacted at the following offices:

NAVY PAY OFFICE, OR TREASURER OF THE NAVY'S OFFICE. The treasurer of the navy was formerly included in all commiffions, as a member of the navy board; but having generally had other duties, as a privy counsellor and confidential officer of government, the duty of prefiding at the board has been left to the comptroller; and, by the new commiflions, he is no longer a member of the board, but allowed to be present at their deliberations, if he thinks proper.

His emoluments arose from a poundage out of the payments made by him, which, with the advantages derived from monies left in his hands, became in time enormous, and the whole fyitem was altered by increasing the treasurer of the navy's falary, and debarring him from the ufe of the public money, which by the regulations of the act of 25th Geo. III. c. 31. commencing 1st of July, 1785, is not to be applied for out of the exchequer, till the current payments require, and must then be placed in the Bank of England, and drawn from thence as wanted, for each head of fervice to which it is appropriated. He has at prefent a falary of 4000l. a year net, in lieu of all other emoluments whatever, ftationary for his own use, and a house, excepted. Former treasurers had unlimited allowances of coals and candles, which are not now received.

The chief establishment of the treasurer of the navy's office confifts of a treasurer, a paymafter, five chief officers at the head of as many different branches, an affiftant in the infpector's branch, with clerks and other inferior officers.

The treasurer does not execute the duties of his office in perfon, but delegates powers for that purpose to the pay-mafter, who accordingly conducts the bufinefs. The treasurer, how

ever, is refponfible for his conduct, and for all the money iffued from the exchequer, or that shall come into his hands by any other means; his falary is 800l. a year.

The bufinefs of the five branches of which the office at prefent confifts is briefly as follows.

The Pay Branch, to pay feamen's wages and the yards. The chief perfon empoyed in this branch, has a falary of 660l., and is called deputy-paymafter. The refidue of the business is committed to the officers next mentioned, and with their places their falaries are specified. Superintendant of the payments at Deptford and Woolwich Dock yards, 495/.; at Portsmouth two, one having 440., the other 330/.; at Plymouth two who are fimilarly paid; at Sheernefs one, 330.; at Chatham one 440/ In the office in London, the firit clerk, who fuperintends the making up of accounts, has 4954.; and there are several other clerks, with falaries from 2751. to 101.

The Navy Branch, to pay bills affigned by the navy, and fick and hurt boards. The chief perfon in this department is the cafhier of the navy for paying navy bills, whofe falary is 660/.; and under him are various clerks, with falaries from 330l. to 101/.

The Victualling Branch, to pay bills affigned by the victualling board. In this divifion the cafhier has 66ol., and the other clerks falaries as in the navy branch.

The Accomptant's Branch, to bring up the accounts of the extreasurers, and to carry on and make up the account of the treasurer in office. The falary of the accomptant is 660l. and the clerks as above.

The Inspector's Branch, to infpect and examine all wills and powers of attorney, and to fee that they are duly executed, according to act of parliament, and to grant certificates as an authority for the payment of wages due to the parties.

There is alfo a branch for paying feamen's tickets, the chief cashier in which receives the fame falary as thofe at the head of the preceding departments, and the inferior clerks are paid in the fame proportion. Two clerks for prize matters receive respectively 200/. and 100l. a year, and there are several extra clerks with falaries of 781. 55.

The chief of the officers, called conductors, receives and packs the money to the out ports; and the other three conductors attend at each port to count out at the pay-table on fhore, or to convey on board fhip the money for payments at each port. And the officer called keeper of fhips' books, attends in like manner the payments in London; the firft of these persons has 330/. a year; the next three, ftationed at Portsmouth, Plymouth, and Chatham, 150/. each; and the last 140/.

OFFICE.

OFFICE. The navy pay office is in Somerset Place.

NAVY OFFICE. The firft eftablishment of a royal navy office was in the reign of Henry VIII. who appointed perfons, under the title of principal officers of his navy, to manage the civil branches thereof, under the lord high admiral; but those officers had no politive inftructions for their guidance in the execution of their duty, until the reign of Edward VI. when certain ordinances were iffued for the conduct of the officers intrufted with the management of marine affairs; which ordinances form the bafis of all the fubfequent inftructions given for the conduct of the officers to whom the management of the civil branch of the navy has been committed. The officers at that time appointed to this duty were, the vice-admiral of the fleet, the matter of the ordnance, the furveyor of marine caufes, the treasurer, the comptroller, the general furveyor of the victualling, the clerk of the fhips, and the clerk of the ftores; who were directed to meet once a week at the office on Tower Hill, to confult together for the good order of the navy, and to report their proceedings once a month to the high-admiral: particular duties are alfo allotted to each member. The affairs of the navy appear to have continued under the management of fuch officers, until the time of James I. who, in the fixteenth year of his reign, iflued a commiffion, under the great feal, to Sir Thomas Smith and others, to inquire into frauds and abufes, with power to remedy the fame, and to manage, fettle, and put the affairs of the navy into a right course. This commiflion was deter mined on the demife of James I. in 1625, and several new ones were iffued with various effect until the restoration, when Charles II. conftituted a navy board by commiflion under the great feal, confifting of the treasurer, comptroller, furveyor, and clerk of the navy, who were ftyled principal officers. To them on the 4th July, 1660, three commiffioners were added, to assist in the management of the affairs of the navy. In January, 1661, the Duke of York, then lord high admiral, eftablished. certain inftructions now in ufe for the conduct of the four principal officers; the other three, being commissioners at large, had no particular line of duty allotted them, until the year 1666, when one of them was directed to take upon him fo much of the comptroller's duty as related to the examination and controul of the treasurer's accounts; another that part which related to the victualling accounts; and in the year 1671, the third commiffioner had that part of the comptrollers' duty which related to the examination and controul of the ftore-keeper's accounts, affigned to him; which, with the addition of one commiffioner at large, is the prefent arrangement of the navy board. Thus it appears that the conftitution of this board, and the relative.

duties of its members, have undergone very little alteration (except the occafional variation of the number of commiflioners) for upwards of a century, notwithstanding the great increase of the navy; and that the duty then prefcribed to the principal officers and commiflioners remains nearly the fame at this day.

ESTABLISHMENT. The eftablishment of the navy office confifts of eleven commiflioners (exclufive of the treafurer); an affiftant to the clerk of the acts; five affiftants to the furveyor; a ftore keeper of flops; with a great number of clerks and other inferior officers. The treafurer is not included in the patents granted to the navy board, but provifion is made therein for his acting as a member of the board, when he thinks fit to attend. Of the eleven commiffioners, feven are refident in London; the other four are specially appointed to refide individually at the dock yards at Chatham, Portfmouth, Plymouth, and Halifax in North America.

DUTY. The duty of the navy board is, under the directions of the Lords of the Admiralty, to confult together how to tranfact, to the best advantage, all affairs tending to the well being and regulation of the civil eftablishment of the navy, and all its fubordinate inftruments, wherein they are to proceed by common council, and agreement of most voices; to make contracts for and attend to the proper diftribution of naval ftores of every kind, to prepare all eftimates of expences; to direct all monies for naval fervices into the treafurer's hands, and to examine and certify his accounts of expenditure.

The feven commiflioners refident in London, who properly compose the navy board, are, the comptroller, the furveyor, the clerk of the acts, the comptroller of the treafurer's accounts, the comptroller of the victualling accounts, the comptroller of the ftore keepers' accounts, and one extra commithoner.

Befides the general duty of thefe officers, as members of the navy board, they have each, as their titles import (except the extra commiffioner), fpecial duties, of which an abridged account is here given.

The Comptroller is to prefide at, and prepare matter for the difcuffion of the navy board; to conduct the general business that comes before it; to fuperintend the offices particularly committed to his charge, viz. the office for bills and accounts, domeftic and foreign, and that of the payment of feamen's wages; to controul the payment of half pay at the navy pay office, the payment of artificers and labourers at Deptford and Woolwich yards, and of the fhips paid off at thofe places; befides vifits to the yards, attendance at the admiralty and other offices in town, and general fuperintendance of all the branches of the