Order in Council of 19 December, 1804

The Order in Council of 19 December, 1804 was a piece of British primary legislation regulating promotion in the Royal Navy.

Order in Council

Whereas there was this Day read at the Board a Memorial from the Right Honourable the Lords Commissioners of the Admiralty, Dated at the 11th of this Instant, in the Words following — viz

“May it please Your Majesty

“His late Majesty having been pleased by His Order in Council of the 3rd June 1747 to direct that on the Promotion of Flag Officers such Captains in the Navy who notwithstanding their seniority might happen to be set aside should, under the Restrictions therein stated, be appointed by Commissions from the Board of Admiralty Rear Admirals in general Terms, without expecting any Squadron or Division of Colours used in the Fleet; And that they should be esteemed as superannuated Sea Officers with a Pension equal to the Half pay of a Rear Admiral. And Your Majesty having been pleased by your Order in Council of the 16th August 1802 to direct the Half pay of the Officers in general of Your Majesty's Fleet to be increased among which the Rear Admirals from 17/6 to £1/7/6 per Diem; And the Rear Admirals who were superannuated previously thereto having applied us for an Equivalent Increase to their Pension; We have taken the same into Our Consideration, and as the Commissions granted to the above mentioned Superannuated Rear Admirals, are precisely the same as those granted to them who were superannuated in consequence of the promotion of Flag Officers in April 1804, and who have Pensions equal to the present Half pay, We are of Opinion there should not be any difference in their Pensions, and do therefore most humbly propose that Your Majesty will be graciously pleased to direct Us to cause the Pensions of the first mentioned Superannuated Rear Admirals to be increased accordingly; And also that the Pensions of such Captains of the Navy as have been set aside by the occasional promotion of Flag Officers, and not deemed entitled to be placed on the List of Superannuated Rear Admirals, may be increased from the Ten Shillings to Twelve Shillings a Day, that the same may correspond in the manner with the present Half pay of the Senior Captains on the List.

“And Doubts having arisen whether by the following Words contained in Your Majesty's Order in Council of the 8th March 1771 respecting the Qualifications of Captains to be appointed Superannuated Rear Admirals viz “Unless such Captains shall have served with the Approbation of the Board of Admiralty in any War in which His Majesty, or His Successors shall have been engaged immediately preceding their being set aside” are intended to be restricted to the increasing of Service at Sea or extended to such other Service or Services as they may be orders from the Admiralty have been employed upon; We do humbly propose to Your Majesty that these Doubts may be removed by Your Majesty declaring that Service in regulating new raised Men or in the Command of Sea Fencibles on Shore, or offers of Service although not accepted, provided there be no good and sufficient ground for rejecting the same, shall, for the future, be held and considered for the purpose of entitling such Captains to the Rank and Pension of Superannuated Rear Admirals, as equivalent to actual Service at Sea.”

His Majesty having taken the said Memorial into Consideration was please by and with the advice of His Privy Council to approve of what is therein proposed, and to order, as it is hereby ordered, that the Pensions granted to such Captains in His Majesty's Navy as were appointed Superannuated Rear Admirals prior to the 16th of August 1802 be increased to £1.2.6 per Diem, and that the Pensions of such Captains of the Navy as have been set aside by the occasional Promotion of Flag Officers and not deemed entitled to be placed on the List of Superannuated Rear Admirals, be increased from Ten Shillings to Twelve Shillings a Day; And for removing the Doubts stated to have arisen upon the Terms of His Majesty's Order in Council of the 8th March 1771, His Majesty is hereby pleased to declare that Service in regulating New raised Men, or in the Command of Sea Fencibles on Shore, or Offers of Service, although not accepted, provided there be no good and sufficient ground for rejecting the same, shall for the future be held and considered for the purpose of entitling such Captains to the Rank and Pension of Superannuated Rear Admirals as equivalent to actual Service at Sea: And the Right Honorable the Lords Commissioners of the Admiralty, are to give the necessary Directions herein accordingly.

Primary Source

• The National Archives. PC/2/166. ff. 305-307.