House of Lords Journal Volume 18: 9 January 1708

DIE Veneris, 9 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Torrington takes the Oaths.

This Day Arthur Earl of Torrington took the Oaths of Allegiance and Supremacy, and the Oath of Abjuration, and also made and subscribed the Declaration, pursuant to the Statutes.

Queen's Answer to Address, for Papers concerning Trade.

The Lord Steward reported Her Majesty's Answer to the Address of this House of the Eighth of this Instant January; (videlicet,)

"That Her Majesty will give the necessary Orders, in relation to the Matters contained in the said Address."

State of the War in Spain.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That on Tuesday next, at Twelve a Clock, this House shall be put into a Committee again, to consider further of the State of the Nation, in relation to the War with Spain.

Address for Memorial of Count d'Galass, &c; and Paper concerning the Siege of Barcelona.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with White Staves do humbly attend Her Majesty, from this House, to desire that Her Majesty will be pleased to give Order to be laid before this House, the Memorial of the Count d'Galasse, delivered about the latter End of July last, giving an Account of some Failings in the Provisions that were to be sent to Spain, and of the Battle of Almanza; and also an Account of what Number of Men were to serve, in the War of Spain, Portugal, and Italy, the last Campaign, by Virtue of any Treaties or Agreements made between the Emperor, the King of Spain, the King of Portugal, The States General, and the Duke of Savoy; and how far the same respective Treaties or Agreements were actually complied with; and also all such Letters, Papers, and other Accounts, as Her Majesty can command, relating to the Siege and Taking of Barcelona by the Forces of Her Majesty and Her Allies; and what Applications have been made to the Emperor, to hinder the making the Detachment of the Forces used in the Reduction of the Kingdom of Naples, with the Emperor's Answers to such Applications.

Commodore Kerr's Answer to Mr. Wood's Complaint, referred to a Committee.

Upon reading the Answer of Captain William Kerr, to the Complaint exhibited against him:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Wood may have a Copy of the said Answer; and that the said Complaint and Answer shall be, and are hereby, referred to the Lords Committees appointed to consider the Petition of several Merchants, on Behalf of themselves and others, Traders of the City of London; whose Lordships, having heard the said Captain Kerr and Mr. Wood, by Witnesses or otherwise, as their Lordships shall think fit, are to report their Opinion to the House; and if the said Mr. Wood shall produce any foreign Affidavits, it is left to their Lordships to allow or disallow the same, as they shall think proper; and that their Lordships do meet on Friday next, at Ten a Clock, in the Prince's Lodgings; and to adjourn as they please.

Then Captain Kerr and Mr. Wood were called in; and the Lord Chancellor, by Order of the House, acquainted them with what was ordered.

Mr. Hill, at the Bar, delivered, by the Lord High Admiral's Command, several Papers, pursuant to the Orders of this House, of the Third and Thirteenth of December last; as also the Lord High Admiral's Answer to the Lords Report of the Seventeenth of December last, relating to the Merchants Petition; with several Papers referred to in the said Answer.

Lord High Admiral's Answer to the Report of the Committee, upon the Petition of the Merchants complaining of Losses for Want of Cruiz rs and Convoys.

Which Answer and Papers are as follows; (vidclicet,)

"Admiralty, 8 Jan. 170⁷/8.

"The Lord High Admiral's Answer to the Report made to the House of Peers, from the Lords Committees appointed to consider of the Petition of several Merchants, and others, Traders of the City of London.

"The Lords Spiritual and Temporal in Parliament assembled, having, by their Order, bearing Date the Seventeenth Day of December last, directed, "That a Copy of the Report should be sent to the Lord High Admiral, which was made to them on the same Day, from the Lords Committees appointed to consider of the Petition of several Merchants, on Behalf of themselves and others, Traders of the City of London; and of the Depositions to which the said Report doth refer:" And the said Merchants having represented, in their Petition, that they have, of late Years, sustained great Losses, by the Insufficiency, by the Delays, and by the unseasonable sailing of Convoys, and the Want of Cruizers; his Royal Highness has thought it necessary, that this general Complaint, as well as the several Particulars contained in the aforementioned Report, should receive such Answers as may set the whole Matter in a much truer Light than their Lordships can possibly have by those Papers only from which the Report hath been collected. And therefore it is desired, that their Lordships will be referred to the following Particulars.

"1. As to the Insufficiency of Convoys:

"The Lord High Admiral does not observe any Instances given, where the Trades that usually proceed with Convoys have ever wanted a reasonable and sufficient Strength for their Security; and even the last Year, the stated Convoys have been much stronger than formerly. The Misfortunes of several Convoys being attacked by a superior Force were no Ways to have been prevented, but by whole Squadrons: But it is to be observed, that all the Instances mentioned in their Lordships Report happened in the latter Years of this present War. In the Two First Years of Her Majesty's Reign, there were not many Ships employed, either in or towards The Mediterranean, and even those not long absent from our own Coasts; so that there were undoubtedly many more Ships, and those very proper too to be employed in the Defence of the Trade of the Nation, with respect not only to Convoys, but Cruizers: Whereas, in the latter Years of Her Majesty's Reign, the Public Service hath required the employing great Part of our Fleet abroad in The Mediterranean; and although several Ships have returned from thence to England in the latter End of those Years, yet they have not been fit for any Service until the Time appointed, wherein it was necessary they should be sent abroad again, for they were such as were the least able to continue out, and consequently wanted the greatest Repairs.

2. As to the Merchants waiting long for Convoys after the Time promised and fixed for their sailing:

"The many constant as well as accidental Services, which have absolutely required the Use of the Queen's Ships, have often left but very little Choice of Ships for Foreign Convoys; but, when Applications have been made by the Merchants, the proper Convoys have been always appointed, and ordered to be got in Readiness by the Time desired, and not afterwards diverted to other Uses; yet it hath sometimes happened, upon their coming into the Dock, that they have been found, by a long and constant Use, in a much worse Condition than was hoped and expected. The Necessity of fitting Ships at different Ports for the same Convoy, and contrary Winds, have often prevented their joining at the Rendezvous; and sometimes the Want of Men, and Necessity of removing them from Ship to Ship, and the constant Care to pay the Men so removed before they sailed, may have occasioned the Delays complained of; yet, upon a strict Inquiry, it will appear, that the Delays are as often to be imputed to the Traders, who are seldom ready to sail altogether at the same Time; and that the Queen's Ships have as often staid for the Merchants, as they for their Convoys; as their Lordships may observe from One Instance in the Paper herewith transmitted to them, marked (A.)

"3. As to the Want of sufficient Cruizers in The Soundings and Channel:

"There hath every Year been a Provision made for Cruizers in The Soundings, Channel, and North Seas; and never less than Twelve for The North Seas, and Fifteen for The Soundings; which were as many as other necessary and pressing Services would possibly admit of: But they have been very frequently diverted from the Service of cruizing, upon the Applications of the Merchants themselves, either for the convoying up Channel their homeward - bound Ships, or the fetching them from Ireland or other Parts; and in convoying the Trades to Arch-Angel, The Baltick, Holland, &c.; and there hath been a Necessity to comply with this, because those Services could not possibly be otherwise accommodated, unless some of the few Ships had been taken off, which were, on various Stations, placed on the Coast, to secure the Trade from one Port to another.

"4. As to the Complaint of the arbitrary Proceedings of the Captains of Her Majesty's Ships, in impressing Seamen from Merchant Ships in The West Indies, and at their Return into the Ports of Great Britain:

"If this hath been done, it is contrary to the constant and direct Orders given to the said Captains; by which they are required, not to impress any Men from Merchant Ships in the Plantations, without applying to, and receiving the Consent of, the respective Governors; and then never above One out of Five, which is more than have ever been exacted from them during this War; and if, for the better manning Her Majesty's Fleet, any Men are taken from Merchant Ships when they arrive here, the Captains of Her Majesty's Ships are strictly required to supply as many good Men in their Room, to bring them unto the Ports whereto they are designed, and to send a careful Officer with them; and when such Men have performed those Services, they are allowed the usual Conduct-money, to enable them to repair to their proper Ships again. But, if this should be true, it must needs seem hard to their Lordships, that the Merchants do impute to the Lord High Admiral the Miscarriages of his Officers, which have never been complained of to him without a proper Redress.

"5. As to The Gosport's being taken in her Passage to the West Indies, in June 1706, with several of Her Convoys:

"This was an Accident, that could neither be foreseen or prevented, and these Ships being taken almost Three Hundred Miles in the Sea; on which Occasion, as the Queen's Officers did all that was possible in the Defence of the Merchant Ships; so it is hoped, that their Lordships Justice and Wisdom will not make such Misfortunes criminal; and as for the Particulars of that Action, they are contained in the Paper marked (B.)

"6. Another Complaint is, "That the Lisbon Fleet, under Convoy of The Warspright and Swiftsure, was attacked in March 1706 / 7, and Fourteen Merchants Ships taken, in The Soundings."

"This Convoy had the Misfortune to fall in with 17 Ships of the Enemy's, which were going directly from Brest to The West-Indies; and, by the greatest Chance imaginable, met them in their Passage; the Particulars whereof are in the Paper marked (C.)

"7. It is further alledged, "That the Newfoundland Fleet was attacked in April, under Convoy of The Falkland and Medway Prize."

"These Two Ships did, in their Passage out of The Channel, meet with Eight Sail of the Enemy's Privateers, from 30 to 20 Guns, with which they engaged; but carried all their Convoys safe to Newfoundland, except Two, that made Sail from them, and by that Means fell into the Enemy's Hands.

"8. It is alledged, "That a Coasting Convoy was attacked in April, off The Land's End."

"This may be true; though this is the First Advice of it.

"9. Another Complaint there is, "That The Hampton Court, Royal Oak, and Grafton, sailing from The Downs the First of May last, were the next Day attacked; and The Hampton Court and Grafton, and about Twenty Merchant Ships, taken by the Dunkirk Squadron."

"It is true, those Ships were attacked, as is alledged; but there was not any Notice, at that Time, of the Dunkirk Squadron, otherwise than that they were in Flemish Road, notwithstanding what is sworn by Mr. Dawson, "That he was told, at the Admiralty-office, the said Squadron was gone Westward;" for, upon the strictest Examination of all the Advices, and of the Minutes of the Office of that very Day, there does not appear any Notice of the Enemy's Ships being sailed to the West; wherefore those Three Ships, which were One of 76 Guns and the other Two of 70 Guns, were judged a sufficient Convoy between The Downes and Spithead; nor were there then any Ships within Reach, to have strengthened them.

"10. It is also alledged, "That the Russia Ships, outward bound, the last Year, were attacked by the Enemy, and Sixteen of the Merchant Ships taken."

"As to this Matter, their Lordships are desired to be referred to a Paper marked (D.); by which their Lordships will find a particular Account of that whole Affair, from the Time that the Merchants did first apply for the Convoy; and that Sir William Whetstone, with the Squadron under his Command, did conduct them into the Latitude of 63 Degrees; and that then, leaving them to their proper Convoy, none of the Merchant Ships did fall into the Enemy's Hands, but those whose Masters did actually leave the said Convoy; and that not till they were in the Latitude of 70 Degrees, about Three Weeks after Sir William Whetstone parted with them.

"11. Complaint is also made, "That the Convoy was attacked, the 10th of October last, which was conducting the Ships with Horses for the King of Portugal, and the Trade to Lisbon."

"This Convoy, was Her Majesty's Ships The Cumberland, Devonshire, Royal Oak, Ruby, and Chester; which were Two of Eighty Guns, One of Seventy-six, and Two of Fifty Guns each; which were thought to be a sufficient Convoy to Lisbon, in the Opinion of the Merchants, till the Misfortune happened, by the accidental Junction of Two French Squadrons: But, on this Occasion, the Queen's Ships behaved themselves so well, that very few of the Merchant Ships were taken; and their Lordships will find a particular Account of this Affair in the Paper marked (E.)

"12. The Merchants also complain, "That they waited long for Convoys; and of the Prejudice they received, when they returned from Foreign Parts, for Want of Convoys to the River Thames."

"This Head being general, their Lordships are desired to be referred to what hath been already said on this Subject in the Beginning of this Paper.

"13. They further alledge, "That they had Orders in July, 1704, to buy great Quantities of Corn, for the King of Portugal's Use; and that in July and August they did the same; but that, notwithstanding their frequent Applications, they could not obtain Convoy till the Sixth of February following."

"This seems to be somewhat extraordinary; for they say, their Ships were ready to sail in July and August; whereas, in the latter of those Two Months, there were Orders given to Her Majesty's Ships The Pembroke, Canterbury, Greenwich, and Gloucester, to convoy the Trade to Lisbon; and, on the Sixth of September, Sir William Whetstene was ordered, with the Squadron under his Command, to see them 100 Leagues South-South-West from Scilly; which he did. And why the Ships that were ready in July and August (as is alledged) did not proceed with this Convoy, their Masters, or the Owners of them, or both, can give the best Account. Besides, there were several Ships of The States General, which called at Spithead in their Way to Lisbon; and (as it had been concerted at The Hague) took our Merchant Ships under their Convoy. And here it may be observed, that, although it hath been found impossible to furnish Convoys for the Trade to Portugal at the immediate Times the Merchants have applied for the same; yet there hath been 29 Convoys between England and that Kingdom from the Month of April 1703 to October last, and some of those Convoys no less than great Part of the Fleet; and at other Times considerable Squadrons; and particularly, in the Year 1706, there were Five Convoys sent from hence to Portugal within Six Months; whereas the Dutch have seldom sent above One Convoy in any One Year; which makes it very improbable that the King of Portugal's Magazines and Armies have been furnished with Corn from The Baltick.

"14. They further complain, "That the grand Fleet sailed the 10th Day of August from Portsmouth, and did not take any Merchant Ships under their Convoy."

"This was the Year 1706; when the Admiral of the Fleet had Instructions to proceed upon Services not fit to be made public, which did consequently render it impracticable for him to take Merchant Ships in his Company.

"15. Another Objection they make, "That there was an Embargo laid on their Trade and Convoys."

"It is presumed, that by the Word Embargo they mean, that there was some little Stop put to their Proceedings, until there could be a more certain Account of the Intelligence received, that there was a Squadron of the Enemy's Ships in The Soundings; which proved afterwards (as they observed) to be Dutch homeward-bound Merchant Ships from The West-Indies.

"It cannot be imagined that this Caution was designed for their Prejudice; but rather entirely for their Service, as well as for the Safety of Her Majesty's Ships. And as they own that The Norfolke, Warspright, and Exeter, did sail with their Trade; so do they alledge, that The Nassau did not join them, for Want of necessary Orders; for that the Fleet did not sail till Three in the Afternoon, and The Nassau came to Spithead before Night; whereas, on the contrary, The Nassau passed through The Downs the 14th of October 1706, and got as far Westward as Folkston; but, the Wind coming to the South-West, and there being a Likelihood of dirty Weather, she bore up for The Downs the 16th, from whence she sailed the Eighteenth, at Six at Night, and arrived at Spithead the 20th, which was Two Days after the Convoy sailed. And their Lordships may please to take Notice, that a Dutch Convoy sailed the Beginning of January 1705 / 6, in Company of several of Her Majesty's Ships; that, the 25th of February, Captain Price sailed with Five Ships of War; that, the 27th of March following, Sir George Bing sailed thither with a Squadron; that, the 18th of June, Four other Ships of War sailed thither; and that, in July, the Merchants petitioned for a Convoy to go in August; which was appointed. And the Reason of their being stopped, and an Account of this whole Affair, their Lordships will be informed of, by the Paper marked (F.)

"16. They further declare, "That, by reason of the Insufficiency of this Convoy, several Merchant Ships were taken out of the Fleet off of Portland; and that afterwards, meeting with bad Weather in The Bay of Biscay, The Warspright and Exeter came back disabled; and that the Trade, except some few Ships, proceeded to Lisbon with The Norfolke only."

"The Convoy appointed for this Trade were, Three Ships, One of 80, One of 70, and One of 60 Guns; and as this was thought a sufficient Strength, so were there not at that Time any more Ships to reinforce them; nor could it be foreseen, that Two of the Ships would have been disabled in their Passage, though Accidents of that Kind have and frequently may happen.

"17. Another Subject of their Complaint is, "That great Numbers of Merchant Ships were in Portsmouth Harbour in the Month of December 1706, and detained there, for Want of Convoy to The Downs, till the 24th of April following; and this notwithstanding several of Her Majesty's Ships were at Spithead (which they have enumerated); and that others came from the West, and did not call for them; and they particularly mention The Suffolk and Bristol."

"All the Ships which the Merchants suppose lay idle at Portsmouth, during this Time, were under Orders for particular Services, as their Lordships may perceive by the Paper marked (G.)

"18. Another Complaint is made, "That, in the Month of October 1706, Mr. Coward and Mr. Jones let their Ships to the Commissioners for Victualing, on Condition that they should go directly to Jamaica; whereas they were carried from The Downs to Portsmouth, thence to Plimouth, from that Port to Ireland, and then to Barbados and Antegoa.

"It is not doubted but these Ships were taken up, by the Commissioners for Victualing, at so much a Month Freight; and Her Majesty finding it necessary for Her Service to send a Governor to Her Island of Barbadoes, and some Forces, which were to be embarked in Ireland, with Provisions, and other Necessaries, for the Plantations of Nevis and Antegoa, there was a Necessity of these Ships accompanying the Convoy which was appointed for that Service, in regard there was not any other which could be got in Readiness for them; and their Owners will be paid for the Time they have been employed in the Service of the Public, according to the Agreement made with them.

"19. Mr. Palmer deposes, "That, in the Year 1705, a Ship, of which he was Part Owner, with several others, were convoyed from The Downs to Portsmouth, by The Lichfield Prize; but that, for Want of Orders, she could not see them to Plimouth, where they might have joined the Fleet with Sir Cloudesly Shovel, bound to Lisbon."

"Their Lordships may perceive how much this Person hath forgot himself, and imposed on them; for The Lichfield Prize did not arrive with the Trade at Spithead until the Seventh of June; and Sir Cloudesly Shovell failed from thence the 23d of May, passed by Plimouth the 25th of the said Month, and was off of Lisbon the Ninth of June; so that the Fleet was actually at Lisbon Two Days after the Time that this Gentleman says The Lichfield Prize might have joined them at Plimouth.

"20. As a further Evidence, the Merchants have produced to their Lordships The Gazette of the Eighth of May 1707, wherein there is the following Paragraph from Ostend; (videlicet,) "A Fleet of Merchant Ships, which lay Five Months in The Downs, consisting of 55 Sail, arrived at Ostend this Evening; to the great Satisfaction of this Place."

"This Advertisement was very ignorantly and unadvisedly inserted in The Gazette, the Fact itself being entirely wrong; for Her Majesty's Ships The Lynn and Deale Castle sailed to Ostend the Seventh of February, and there were then no more than Five Merchant Ships to accompany them: And Sir Edward Whitaker, with his Squadron, did the like the 27th of April following, and saw the Trade into the Port, and brought what was there from thence; but he carried with him not above 15 Ships and Vessels; and how that Number could swell to 55, is somewhat strange. Besides, it doth not appear that, at any One Time, from December to the Month of May, there were more than Five Merchant Ships in The Downs bound to Ostend; and above Three Fourths of that Time, not so much as One; and yet the Advertisement in The Gazette says, "That the 55 Ships arrived at Ostend from The Downs; and that they had lain there Five Months for a Convoy."

"21. As to the general Article relating to the untimely and unseasonable proceeding of Convoys, especially to The West Indies; their Lordships are desired to be referred to what hath been already said at the Beginning of this Paper relating to that Matter.

"22. The Virginia Merchants alledge, "That, in October 1705, some of their Ships sailed from hence, under Convoy of The Woolwich and Advice, which were ordered to stay till reinforced from England; and that they were promised The Greenwich and Hazardous should sail the First fair Wind in January following; but that they did not sail till May, which occasioned their not reaching Virginia till August."

"The Greenwich and Hazardous were ordered for this Service the 26th of February 1705 / 6, but could not get clear from Plimouth till the 24th of April; and on the 27th they were forced, by bad Weather, into Falmouth; but The Hazardous sailed soon after; for The Greenwich was disabled, and forced to come to Plimouth to refit. However, the said Ship Greenwich sailed from Plimouth the First of June, and arrived at Virginia the 11th of August; and the 17th of September came from thence, with The Hazardous, Woolwich, and Advice, and 182 Merchant Ships, and arrived with them in The Channel in November following.

"23. The said Virginia Merchants have further represented, "That, in Hopes of Convoys proceeding from hence to Virginia the last Spring, many Ships that carried Stores from hence to Lisbon, and others from London, proceeded to Virginia, but remained there till September last, expecting Convoy, and must now come Home without, in the Winter-season; and that although the last Spring Her Majesty, in Council, ordered a Convoy to be ready in August; yet the said Convoy remains at Portsmouth."

"The Delays and Misfortunes which have happened this Year to the Virginia Traders are in a great Measure to be attributed to the different Interests and Opinions of the Merchants and Planters concerned in that Trade; to the frequent Westerly Winds, which have hindered their Departure; and to the Delays occasioned by several Merchants letting their Ships to the Portugal Envoy, for transporting Horses to Lisbon; which will be more particularly explained to their Lordships by the Paper marked (H.)

"24. They further declare, "That, for some Years past, there hath not been a Frigate appointed to take Care of the Virginia Coast; for Want of which, many Ships have been taken, going in and coming out."

"The Men of War which convoy the Virginia Ships have usually Orders to cruize between The Capes, while the Trade is loading; The Strombolo had those particular Orders; and The Gosport, which was taken in her Passage (and which may occasion this Complaint), had the same; and The Guardland is now upon that Service; and the Ships going to Virginia have the same Directions.

"25. Complaint is made by Mr. John Wood, of the Difficulties he met with, in September 1706, and some Time after, in getting a Ship of his, called The Union Frigat, to Portsmouth.

"This Ship took in her Loading, of Corn, at Shoreham, One of the most difficult Ports along the Coast to get out from: But when the Ships of War are ordered either Eastward from Portsmouth, or Westward from The Downs, they have always Directions to call at the several Ports in their Way; and several have been unsuccessfully appointed to get the Ships and Vessels out of this Harbour.

"26. The said Wood does also affirm, "That, in the Months of April, May, and June last, he had several Ships freighted with Corn at Shoreham, which could not proceed to Spithead, by reason of the Enemy's Privateers; that at last there was a Convoy appointed; but soon after ran away, and left the Ships, upon a Report that the Dunkirk Squadron was upon the Coast."

"The Convoy here meant was, The Charles Galley and Gosport; though several others were before appointed to get those Vessels out of the Harbour: However, the aforesaid Two Ships did do it, about the 19th of June 1707; and, being on their Way towards Spithead, they received an Express from the Mayor of Hastings, with an Account, "That there were 18 Sail of French Men of War coming from the Eastward, with all the Sail they could make;" which Advice, although it proved false, was not safely to be neglected: But, so far were Her Majesty's Ships from running from the Trade upon this Intelligence (as is falsely and maliciously insinuated); that they kept them Company, and brought them safe to Spithead, as the Captain of The Charles Galley gave an Account, in his Letter of the 20th of June 1707; and those Ships which occasioned the Alarm were, Her Majesty's Ships The Defiance and Advice, with their Convoys, from The Downs.

"27. Mr. Winter deposes, "That he came from Gibraltar the 14th of March last, in Company of The Pearl, Hannover, and Lodington Galleys; and that off of Beachy-head Two of them were taken by French Privateers."

These Ships were all Runners (or at least called so); and had they put into Portsmouth until an Opportunity of Convoy had presented, the Person who complains of these Losses would not have run the Hazard he did; nor can it be thought, that these Ships, which the Merchants call Gallies, can, when they are laden and foul, sail much better than other Ships not under that Denomination; and therefore are consequently as much subject to Misfortunes, by going without Convoy: And it is very reasonable to belive, that, until this Trading by Gallies, or Runners, grew so much in Fashion, the Losses were much less; and so, it is to be hoped, will be again, when the Merchants will learn to alter their Way of trading, as the Enemy hath altered their Method of carrying on the War by Sea."

"The remaining Part of their Lordships Report relates chiefly to, (videlicet,)

"1. Our Merchant Ships being chased off of Beachy, and the Parts thereabouts, by the Enemy's Privateers.

"2. The Advantages to the Mediterranean Trade, by carrying it on with Gallies; but the Hazards they run in their Return Home, for Want of Cruizers in The Soundings and Channel.

"3. A French Privateer, her chasing a Dutch Ship into Plimouth, on or about the 14th of November last, whilst 3 Welch Convoys rid fast, for Want of Orders.

"4. That the List of 1146 Sail of Merchant Ships lost was far short of the real Number.

"5. The Inconveniencies by pressing Men in The West Indies, and at their Return.

"6. The Complaint of Mr. Benjamin Way, "That the Captain of The Northumberland did not take Care of his Ship, called The London Galley, which sailed from Jamaica the latter End of February last.

As to the 1st, 2d, and 5th, of these Articles; their Lordships are desired to be referred to what hath been already said.

"Then, as to the 3d, which relates to the chasing of a Dutch Dogger, it seems not at all material; only to swell a Complaint. But as to what is insinuated, "That the Three Men of War did not stir for Want of Orders:" It is well known, that, when Her Majesty's Ships get Sight of an Enemy, they stand in Need of no particular Orders to attack them; for their general Instructions, annexed to their Commissions, do sufficiently require that of them. But this happening at Five a Clock in the Evening, in the Month of November, it was impossible for any of (fn. 2) the Three Ships aforementioned to have come up with the Privateer; and the Dutch Ship was secure, under the Guns of the Fortification.

"The Lord High Admiral cannot without great Concern take Notice of the List of 1146 Ships said to be lost during this War, although it is possible great Part of that Number consists of Gallies, or Runners; that some Part of this Loss may be attributed to the inevitable Fate of War; and some hath arisen from the Wilfulness or Negligence of the Masters of Merchant Ships; who, when sufficient Convoys have been granted them, have deserted that Protection, and exposed themselves a Prey to the Enemy, of which frequent Complaints have been made.

"Lastly, as to the 6th Article, which is the Complaint of Mr. Way, "That Care was not taken of his Ship from The West Indies:" Their Lordships are desired to be referred to the Copies of Two Letters herewith transmitted to them, marked (I.) and (K.); the One from Sir John Jennings, and the other from the Captain of The Northumberland; the which give a particular Account of that Matter; which was not complained of at the Admiralty-office before it was brought to their Lordships.

"Thus much being said to the Report of the Lords Committees, grounded upon the Depositions of the Merchants; which are partly what they say of their own Knowledge, and the rest what they have gathered from others: The Lord High Admiral thinks it necessary to lay before their Lordships some further Observations, under the following Heads; to explain some Papers which have been demanded by their Lordships from the Admiralty-office.

"1. That, notwithstanding almost the continual Use of Her Majesty's Ships, the Loss sustained by Storms (particularly in the violent Tempest in the Year 1703), and the many Hazards they have been exposed unto in this extensive War, the Number of Ships of the Royal Navy is so far from being diminished since Her Majesty's Accession to the Throne, that it is increased by Ten Ships of War, although the Parliament hath not, in this Reign, given One Farthing of Money for building of Ships; and that the last War there was about Four Millions given for that and other extraordinary Services; and yet the Royal Navy was less in Strength at the End thereof, than at the Beginning, by Twenty Ships of the Line of Battle.

"2. That the Number of Ships of the Navy of France, which have been taken or destroyed by Her Majesty's Ships this War, does much exceed our Losses; as will plainly appear by the Two Papers marked L. and M.; wherein there is no Mention made of the French Ships which have been taken or destroyed by the Ships of The States General.

"3. That, during the present War, there hath been 175 of the Enemy's Privateers taken, and many of them of considerable Force.

"4. That, in the last War, which was declared the 7th of May 1689, and ended the 10th of September 1697, the whole Number of the Enemy's Ships taken and condemned were 1296; whereas, in the present War, which was declared the 4th of May 1702, unto the First of December 1707, the Number of Ships taken from the Enemy, and condemned, is 1346; which carries with it no little Disproportion.

"5. That the Re-captures by Her Majesty's Ships of War, from the 4th of May 1702 to the First of December 1707, are 108; which amounted, by Appraisement, to above the Sum of £.82,975; and the Re-captures by Privateers within that Time £.38,054.; both which Sums amount unto £.121,030, exclusive of Customs.

"6. That, in the last War, the Trading Part of the Nation had the Misfortune to lose near 4000 Ships; whereas, in this War, themselves have given an Account of 1146; and it were to be wished, that even that Loss could have been prevented. But here it may be observed, that, during the last War, we had the Ports of Spain, as well as those in The Spanish West Indies, always open, to secure our Merchant Ships and Vessels, not only from the Enemy, but from bad Weather; whereas, during the whole Course of this War, our Trade hath been entirely debarred from that so essential a Countenance and Protection.

"7. Besides, whilst Her Majesty has Yearly fitted Her Royal Navy for carrying on the War abroad; the Enemy hath, ever since the Battle off of Malaga, totally altered their Methods of carrying on their Naval War; and, instead of sending forth great Fleets, they fill the Seas with Privateers, and with Squadrons of their nimble Ships; and, by that Means, watch all Opportunities of seizing upon our Trade, for which the Situation of their Ports gives them but too good Opportunities; and yet our Merchants (who cannot but be sensible of this Danger,) carry on their Trade, in a very great Degree, in defenceless Ships, called Runners; and they being obliged, by Charter Party, to go without Convoys, are thereby but too often exposed to the Enemy, who lie in Wait for them.

"Lastly, The Lord High Admiral desires their Lordships to do him so much Justice as to believe, that no Man is more sensibly affected than he is, with the great Losses and Misfortunes which have happened to the Merchants; and he is so much more sensible of them, because, in the Way those Gentlemen carry on their Trades, by single defenceless Ships, and by the Method the Enemy now takes, whilst the French King Himself, and so great a Part of His Subjects, employ so many Ships and Men only to make War upon the Merchants, such Misfortunes will still happen: Yet his Royal Highness does hope their Lordships will believe, that the Queen's Fleet has not been useless and unemployed during this War, which cannot be carried on, agreeable to the declared Sense of their Lordships, but by supporting a Superiority at Sea, upon the Coasts of Portugal, Spain, and Italy; in all which Places the Queen's Fleet hath done great Services the last Four Years, and attempted some Things which might have secured Britain for One Age from all the Naval Power of France.

"A. In the Year 1706, when Captain Kerr commanded to The West Indies, and the Convoy sailed later than any other Year, all the Ships of his Squadron were with him at Spithead the 18th of February, except The Dunkirk Prize, a small Sixth Rate, and The Assistance; but she being in The Downes, several Jamaica Merchants delivered a Memorial, the 6th of April, by which they declared, "That the greatest Part of the Trade was then with the said Ship Assistance, and therefore desired that Captain Kerr might be stopped at Spithead until they joined him; for that otherwise it would be very much to their Prejudice; and as Orders were given accordingly, so did The Assistance arrive with the Trade at Spithead the 20th of April: Now, had the Jamaica Merchants been in such Forwardness with their Ships as they would have it understood they were; and that the Want of Convoy was the only Occasion of their not proceeding; it seems to be somewhat unaccountable, that they did not take the Opportunity of sending their Trade to The Downes, and from thence to Spithead, under the Protection of several of Her Majesty's Ships, which did, at divers Times, sail from The Nore Westward, between the Months of January and March, and had Orders to take under their Care all Trade bound their Way, by which Means they might have joined their Convoy at Spithead; and The Assistance (if she had not been altogether so ready) might have followed to Jamaica."

"B. Her Majesty's Ship The Gosport sailed from England, in Company of The Falkland and Warwick, bound to Newfoundland; and they were ordered to keep Company, for their mutual Security, so far as their joint Way should lie together; on the 22d of July d^s. m^s. 1706 they parted, in the Latitude of 48. 40. and Westing from The Lizard 293 Miles; and The Gosport had then Ten Merchant Ships in her Company: The 28th July, in the Morning, her Captain discovered Two Ships; and the Trade sailing very heavily, they came up with them, being of 54 Guns each. After a very sharp Dispute (though on such unequal Terms), The Gosport was taken, and 8 of the Merchant Ships did also fall into the Enemy's Hands; but, had The Gosport met with the French Ships while The Falkland and Warwick were in her Company, it is reasonable to believe that the Enemy's Ships might have been brought into our Ports. Besides, this Ship Gosport had not the Charge of any Merchant Ships, other than a Vessel laden with Provisions for Her Majesty's Ships at Jamaica, which was the only Reason of her being sent first thither; for otherwise she would have proceeded directly to The Capes of Virginia, between which she was designed to cruize."

"C. The Captain of The Swiftsure, who commanded the Convoy to Lisbon, gave an Account, "That, on the 22d of February 1706 / 7, in the Latitude of d^s. m^s. 47 and 4 North, 82 Leagues from Plymouth, he discovered a Squadron of 17 Sail, most of them big Ships, which steered directly for him; that thereupon he held a Consultation; and it was determined, that, by engaging the Enemy, he would not only endanger the Loss of both Her Majesty's Ships, but the Trade also; and therefore it was resolved to make what sail they could from them; and when they did so, Nine of the Enemy's Ships chased them for some Time, the rest following the Merchant Ships, most of which, by their steering various Courses, escaped: Now, as there was not any previous Notice of this Squadron of the Enemy's Ships; so, if a greater Strength had been added to this Convoy (which was not then to be had) it would have been but of little Advantage, against such a Number of the Enemy's Ships."

"D. An Account of the Convoys appointed in the Year 1707 to the Russia Trade, and of their Proceedings; (videlicet,)

"March 28th 1707. The Russia Company delivered a Memorial this Day, by which they desired a particular and sufficient Convoy might be appointed, to depart from The Nore on the 10th of May following, and to stay at Archangell Forty Days after their Arrival, for the loading of their Ships; and then to return without Loss of Time.

"May 8th. Orders were sent this Day to Captain Haddock, of The Swallow, a Ship of 50 Guns, The Warwick, of like Force, and The Looe of 40 Guns, to proceed with the Russia Trade; and to remain at Archangell, for bringing the same Home, as the Merchants had desired.

"May 13th. Captain Haddock was directed to call at New Castle for such Ships bound to Russia as might be there, and to take them under his Convoy; and he was afterwards directed to remain Twenty-four Hours off of Tinmouth Bar for the said Ships, after the Wind should be fair for their coming out, and his proceeding on his Voyage.

"May 16th. This Day the Russia Merchants desired; "That the Squadron appointed to look after the Enemy's Ships at Dunkirk might be appointed to convoy their Trade." To which they were answered, "That Monsieur Fourbin, who commanded those Ships of the Enemy, was at Dunkirk; and that the aforesaid Squadron of Her Majesty's Ships was employed to keep him in that Port, or to proceed after him in case he got out; for which Reason their Trade might proceed in Safety, with their proper Convoy." But they still desired the Squadron might proceed with their Ships, for the greater Security; but was answered, "That it could not be granted, without the Queen's particular Order." Whereupon they applied themselves to Her Majesty; and, until the 28th of May, they insisted upon the Dunkirk Squadron's accompanying their Trade; within which Time (as it was afterwards found) Monsicur Fourbin put to Sea, from the aforesaid Port of Dunkirk, and proceeded with his Squadron Northward.

"May 28th. It being not yet known that the Enemy's Ships from Dunkirk were gone Northward, Orders were sent this Day to Captain Haddock, to take under his Command The Feversham a Ship of 32 Guns, and The Queenbrough a Ship of 24; and to carry them with him as far as the Northermost Part of Shotland, for the better Security of the Trade; and from thence to send them to New Castle: That they put their Orders in Execution, in Company of the laden Colliers, to The Nore.

"June 4th. There being now Advice, "That the French Squadron from Dunkirk was gone Northwards, Orders were this Day sent to Sir William Whetstone, to take under his Command The Swallow, Warwick, and Looe (the proper Convoy to the Russia Trade); as also The Feversham and Queenbrough (New Castle Convoys); and with them, and the other Ships hereafter mentioned, (videlicet,) The Drcadnought. Mountague, Bonadventure, Weymouth, Worcester, Tyger, Bristol, Rochester, Colchester, Portsmouth, and LudlowCastle, to proceed with the Russia Trade as far as Tinmouth Bar, and then to send The Feversham and Queenbrough to New Castle; with the rest of the Ships under his Command he was ordered to remain off of Tinmouth Bar 24 Hours, and then to proceed with the Trade as far as the Northermost Part of Shotland (which was as far as the Merchants desired; for they said, they could then proceed safe with their appointed and proper Convoy); and then to part with The Warwick, Swallow, and Looe. Sir William Whetstone was also ordered to attack the Enemy, if he met them in his Passage, or had any Intelligence of them. And how far he put these Instructions in Execution, and that he proceeded with the Russia Trade as far as the Merchants desired, may be seen by the Copies of his Two Letters, N° 1 and 2.

"July 17th 1707. A Letter was received from Captain Haddock, Commander in Chief of the Russia Convoy, from The Bar of Archangel, giving an Account of his Proceedings since his parting with Sir William Whetstone; of his meeting the Enemy, who did not think fit to attack him; and of his safe Arrival with the greatest Part of the Fleet; as also the Negligence or Wilfulness of some of the Masters of the Merchant Ships that sell into the Enemy's Hands; a Copy of which Letter is sent with this Paper (N° 3.); as also of another from him (N° 4.); and a Letter and Affidavit from Colonel Villers, then Governor of Tinmouth (N° 5.)

"Aug. 7th. The Company delivered a Memorial this Day, by which they desired, "That a sufficient Strength might forthwith proceed to Archangell, to join the Convoy there, which, together with the Dutch, might be able to protect their Fleet from the Dunkirk Squadron; and declared their Opinion, "That, if the Dutch had escaped the Enemy, Three of Four Men of War joined to them might be a good Security, considering the Season of the Year; and, in the mean Time, they desired that a clean Frigate might be sent to Archangell, with Orders to the Convoy there to join the Dutch." To which they were answered, "That there was no Squadron of Her Majesty's Ships within Reach, superior to the Enemy, that could be presently sent on this Service."

"Aug. 7th. Upon the Russia Company their receiving Intelligence that some of their Ships had fallen into the Enemy's Hands, and their Desire therefore lest Captain Haddock might be intercepted by them in his Passage Home; Orders were sent to him, to join with the Ships of The States General, appointed to convoy Home their Trade from Archangell; and he was directed to acquaint the Commodore of the Dutch Ships with the Reasons thereof: He was further ordered, if the Dutch had no Ships there, to remain until he judged, by the Intelligence he might receive, or otherwise, he might come Home without any Hazard from the Enemy's Ships; but withal, to have an especial Regard not to stay so long at Archangel as might hazard his wintering there. These Orders were sent and delivered to him by the Captain of The Flambrough.

"Aug. 23d, 1707. Upon Application, this Day, from the Russia Company, Orders were sent to Sir William Whetstone, at New Castle, and a Duplicate thereof to Yarmouth Roads, to cause Six Fourth-rate Ships of his Squadron to be forthwith victualed out of the rest; and then to send them, without Loss of Time, as far towards Archangell as Kildine in The White Sea, with Directions to them to cruize there, in the fair Way of the Fleet expected from Russia; and, upon meeting them, to convoy them to The Buoy of the Nore. Accordingly, there were Six Ships sent on this Service, under Command of Captain Mighells of The Dreadnought; and of his being driven into Lieth; as also the Advices he received of the Russia Fleet's being passed by, in their Way Home; and of his whole Proceedings thereupon, it is inserted in the Copy of his Letter, herewith transmitted to their Lordships (N° 6.)

"Sept. 17th. Upon the Desire of the Moscovia Merchants, since the Season of the Year was so far advanced, Orders were sent to Sir William Whetstone, to direct the aforesaid Six Ships to cruize 30 Leagues N. N. Eastward of Shottland till the Middle of October; then between The Stadtland and Shetland till the 25th of the same Month; and afterwards 25 Leagues off of Buchaness.

"Captain Haddock, of The Swallow, with The Warwick and Looe, sailed from Archangell the 3d Day of September, with 66 English Merchant Ships and Ten Dutch; as also Twelve Hamburghers, with a Ship of War of 50 Guns, that kept him Company; and The Flambrough joined him off of Catness. By the Intelligence he had before he sailed, he judged the Enemy had left The Cape of Lapland; and therefore did not think proper to stay for the Dutch, since they could not be ready in any Time to come away, for they arrived not till the Middle of August.

"The usual Convoys to Russia; videlicet,

N° 1.

SIR,

"I take the Opportunity of this fair Weather, to send a Boat a-shore, with this Express, to inform you of our Return from the Russia Fleet, which we parted with on the 20th June, in the Evening, something farther Northerly than Shetland. They had a very fair Wind, which continued with them for several Days; and I doubt not but that they were in a very fair and safe Way to obtain their Passage for Archangel: I left them 74 Sail in Number. We have heard of Monsieur Fourbin's being out, with Eleven Sail of Men of War, being joined with Three from Brest, of 66, 60, and 50 Guns; The Salisbury is the smallest Ship of them all: Some think he is gone North about Scotland, but his Design is kept mighty secret at Dunkirk; and, by the Governor's Inquiry of Vessels that come there, his Return is expected. I am now making the best of our Endeavours to get Owsley Bay, in order to re-victual, as directed by my Instructions. Our Ships are all in Want of Beer, and Two Months Provisions. I hope the Commissioners of Victualing will take Care to supply us; and that Stores may be sent from the Navy board, especially Colours and Sails, particularly for this Ship.

"We have brought in with us Three great Dutch Fly-boats, laden with Sugar from Surinam, having on Board them 3000 Hogsheads, taken by Two French Privateers, of 22 and 26 Guns, which we chased, but could not come up with them; but these we re-took, and a Dutch Dogger with Herrings, and Two small Privateers, of which I shall give you a more particular Account by my next. The Russia Convoy and Merchant-men thought themselves in good Security when we parted with them. We have had an extreme cold Summer in these Northern Latitudes.

"I am,

On Board The Dreadnought, off Lowestoft, July 8th, 1707.

"Your Honour's, &c.

"Wm. Whetstone.

Josiah Burchet Esquire, Secretary to his Royal Highness."

"N° 2.

SIR,

"By Way of Lowestoft, I Yesterday gave you Account, by Express, of our Return from the Russia Fleet, which we left in the Latitude of 63=0'0, all in good Condition. I went somewhat further with them than directed in my Instructions, because we have heard of 14 Sail of Ships, which laid N. E. of Shetland, which since we find to be the Dutch Rear Admiral and his Squadron, consisting just of that Number, who now is cruizing on the North Part of Scotland. In our Passage to and again, we happened to take 3 small Privateers, whose Names are in the enclosed Paper; as is also the Names and Lading of 3 great Dutch Fly-boats, laden with Sugar from Surrinam, and taken by Two French Privateers Ten Days before we met with them. There is also a Dogger, partly loaden with Herrings, which we retook at the same Time. By the Lieutenant of One of the Privateers which had taken the Dogger, and Six Days before came out of Dunkirk, gives a Report, "That Monsieur Fourbin, just before he sailed, was joined with Three Ships of War from Brest, of 66, 60, and 50 Guns, which made up his Number 11 Sail of Men of War, The Salisbury being the least of them; they should have been Twelve, but One of them which they lest behind, was so disabled in the Fight with The Hampton Court, &c. that she could not be sitted out." Most think that Monsieur Fourbin is gone North about Scotland; but which Way soever, his Design is kept wonderful private in Dunkirk. I am,

Sir,

Dreadnought, in Owsley Bay, July 9th, 1707.

Yours, &c.

Wm. Whetstone.

Josiah Burchet Esquire, Secretary to his Royal Highness."

"An Account of the Privateers and Prizes brought in.

"The Hope, of Callice, Peter Leave Commander, 4 Guns, 2 Patereroes, 38 Men, delivered at Newcastle.

"St. Joseph, of Newport, Anthony Carroon Commander, 2 Guns, 40 Men.

"Revenge, of Dunkirk, 2 Guns, 35 Men.

N° 3.

"Swallow, off of The Bar of Archangel, 18th July, 1707.

Honoured Sir,

"I came to an Anchor off The Bar of Archangel the 15th Instant, with the Men of War; and 55 Sail of Merchant-men arrived in our Company, the 11th, off of Kildine; about Two in the Afternoon, it clearing up after a Fog, we saw Five Sail of Ships standing off to the Northward, that hoisted Dutch Colours, and an English Pink following them; and Two more Ships were seen farther to Leeward. We apprehended them to be French, having heard several Guns. In the Forenoon they took in their small Sails, still stretched off, but paid away more large. We stood in for the Shore; but, upon a Consultation with the Captains of The Warwick and Looe, came to a Resolution of bearing away. The Wind continued fair, and a fresh Gale, and afterwards proved thick Weather; so passed them, and are got safe hither. I am informed, they were seen to stand in for the Land again; and they made in the Morning the private Signal that I had given out to the Trade, which I shall alter Homeward-bound. Two Ships that I fired at to bring to, which took no Notice of it, I am told, are taken; whatever Misfortune befalls any of them, is owing to their leaving the Convoy, and the little Regard they have shewn to the (fn. 3) Signals that have been made them. I have no certain Account, as yet, who are missing. 74 Sail were under our Convoy, 67 of which came for Instructions; it is said, not above 8 or 9 Sail are wanting. So, I remain,

SIR,

Yours, &c.

R'd Haddock.

"To Mr. Burchett."

N° 4.

Honoured Sir,

"I send this by Express; and pray you will acquaint his Royal Highness and the Council of my Arrival in Grimsby Road, with the Men of War and Homewardbound Trade from Russia.

We sailed from The Bar of Archangel the 3d September last, the Fleet consisting of 92 Sail in all; videlicet, 66 English Merchants Ships, 10 Dutch that had wintered there the last Year; and 12 Hamburghers, under the Convoy of a 50 Gun Man of War, who came in Company with us. The Flambrough joined me that Night off of Catnose, by whom I am favoured with yours, and received the Prince's Orders of the 7th of August from Windsor.

"By the Intelligence we had, I concluded the French Squadron had left the Coast of Lapland; and the Dutch Men of War not arriving till the Middle of August, there could be no Thoughts of staying for them. We had a very favourable Passage out of The White Sea and about The Cape, till got to the Southward of Shotland; since that, we have met with contrary Winds for a long Time, and a great deal of bad Weather; the 9th of last Month put into Shotland, being 68 Sail, 55 of the Trade, besides the 4 Men of War and 9 Dutch, with whom we have lately fell in with 4 of The States Ships that were cruizing to the Northward off of The Dogger Bank, to look for their Trade.

"We were 10 Days in Shotland; and, by stormy Weather since, about Half a Score Sail more are separated, so that but 45 Sail of the Trade are got in here with us; I hear some are arrived, and hope the rest will get all well Home.

"I doubt not but you have had an Account, that Monsieur Fourbin took and destroyed 17 of the Dutch outward-bound Russia Ships. As soon as Wind and Weather permits, I shall take Care to prosecute my Orders. In the Interim, I remain,

SIR,

Swallow, in Grimsby Road, this 3d of November, 1707.

"Yours, &c.

"R'd Haddock.

"To Josiah Burchett Esquire, Secretary to his Royal Highness."

"N° 5.

Tinmouth Castle, August 1st, 1707.

SIR,

"Last Post, I gave you an Account of the Misfortune that happened unto our Russia Fleet; but for Fear of making the Post wait, I omitted giving an Account of the Men of War; which is as followeth: Admiral Whetstone convoyed the Russia Fleet between the Islands of Shotland, and kept the Fleet Company until they were out of Sight of the said Islands, and then he left them; and Two Days after he left them, the Commander of the said Russia Fleet made a Signal, by hoisting and lowering his Colours Eleven Times after one another, which, the Russia Fleet did own, was to acquaint them, that there was Eleven Sail in Sight; but they hearing no more of them for Two Days together, and being within One Hundred Leagues of Archangel, did trust to their sailing; so made the best of their Way; I mean, those Ships that had the Misfortune to be taken, which I gave you an Account of in my last; and after they were taken, did see the Three Men of War, with the rest of the Fleet, come in, in Sight; and that the French Men of War was very near them; and that the Three English Men of War lay by, in order for to sight them; and in the mean Time the Russia Fleet made the best of their Way for Archangell; and when the Fleet was passed at some Distance, the Men of War did follow, to take Care of them, the French Fleet not thinking fit to engage them; and the French Men of War went into Cailden Harbour, to clean. The Masters and Sailors give a very good Character of the Conduct of their Convoy; and withal cannot but own, that if they had kept their Convoy Company, that they had not been so great Sufferers; and those that were in Caldaine Harbour thought themselves safe enough, being in the Czar's Country. They told me, "That the French Men of War did own, that they did see them when they went between The Shotland Islands; and if they had gone without the Islands, they must have fallen in with them." The French Men of War also told them, "That they did see them part with Admiral Whetstone; and then they made the best of their Way for the Coast of Cailden, knowing that the Fleet must pass by there." And they told the Russia Masters, "That they had Orders, from their Masters, to destroy the Russia Fleet, if that it was in The Sound itself." This is the Account I can give; who am,

SIR,

Your humble Servant,

Hen. Villers.

"To Josiah Burchett Esquire, Secretary to his Royal Highness."

Northumberland, August 2d, 1707.

Whereas Information hath this Day been made before me, One of Her Majesty's Justices of the Peace for the said County, by Mr. John Bryan, Master of the Ship called The Vigilancy, of Lynn; and Ninnion Masters, Master of The Ninnion and Benjamin, of London; and Tho. Redford, Master of The Elizabeth, of London; and John Hills, Master of The Friendship, of Ramsgate; That between the 9th and 16th of July last past, that near Caldee, in Lapland, 69 D. 30 M. the said Masters were taken by a French Squadron, consisting of Seven Sail, from 44 to 60 Guns; Three of the said Ships they knew to be The Blackwall, Salisbury, and Jersey; the other Four, The Mars (which was commanded by Admiral Fourbin), The Pretty, The Griffin, and The Adrian; and that the First of the said Masters Ship was bought for 300 Crowns, in order for Transportation of 205 Prisoners, which the Admiral has the Masters Notes for, and left the said Squadron under the Island of Kildin, the 19th of July last, where the said French Ships were cleaning. And declared, That they had Three Months Provisions with them when they left them, and expected Two Men of War more to join them, which were disabled, and sent to Norway to be refitted; which said Men are landed here in North Shields, this 2d August. They do further make Oath of what they knew of the rest of the Fleet, as will appear by the other Side.

"The Masters, whose Names are in the other Side, do further make Oath, That Joseph Kell, Master of The Liddell, of London; Richard Normand, Master of The Snow, of Lyn; Nicholas Constant, Master of The Thomas and Henry, of Margets; Tho. Linskin, Master of The Midford Castle, of Whitby; Benjamin Laxtin, Master of The Gee, of Belfast; Millame, Master of The Africa, of Whitehaven; and Dennis Roughton, Master of The Concord, of Whitby; which Masters are arrived in the aforesaid Ships: They further make Oath, That Geo. Forster, Master of The Love's Encrease, of London; Edw'd Harle, Master of The Anne, of South Shields; and Richie, Master of London; and several Merchants which were in Richie's Ship, took their Passage from Lapland to Arch Angell, with the last Three Masters, there was also One Hamburgher taken, and a Ship belonging to the Czar; which last Ship they burned, and also Richie's Ship, full of Goods; and declared,

"They would burn all the other Ships." And further these Deponents say not.

John Bryant.

Tho^s. Redford.

Nynion Masters.

John Hill.

"Capt. & jurat. coram me, 2 Die Augusti, 1707, Hen. Villiers."

N° 6.

Honoured Sir,

"These come to acquaint his Royal Highness, that, on the 16th of October, I met Five Russia Ships undermentioned, in the Latitude of 62 : 15, about 30 Leagues off of Shetland, which was separated from their Fleet on the 2d, in the Latitude of 58 : 40, being a hard Gale at S. E. and they being to Leeward and astern of their Fleet, and could not weather Shetland; so drove to the Northward again, between Fowle Isle and Shitland; and they say, "They are sure they were the Northermost Ships of their Fleet." On the 22d, I met with Two Hambro' Ships from Russia, about 20 Leagues, Shetland in the S. W. ½ W. of me; and they were parted from their Convoy the 3d, and they believe they were the Northermost of their Fleet; and further say, "That they believe the Five English Russia Ships are the Northermost as aforesaid; they seeing them, at the Time when they parted from the rest of the Fleet." I have met Three Dutch Sirrinam Men, at several Times, bound Home to the Northward of Shetland, which have been beating with contrary Winds, sometimes between Shetland and the Coast of Norway; and they have seen no Ship beside us. On the 26th, being a hard Gale at S. S. W. at 9 in the Morning, being under my Mainsail and Mizen, Four of my Main-shrouds broke; that in less than Half an Hour the Main-mast went by the Board, at the Partners of the Upper Deck; and on the 28th at Night, being under a Fore-sail and Mizen, Four of my Fore-shrouds broke, so that I was very near losing my Fore-mast. After I lost my Mast, Two Dutch Ships and the Two Hambro' Ships separated from me. I was detained to the Northward of Shetland till the 28th, by contrary Winds; and, depending on the News I had from the Russia Ships, I made the best of my Way to the Southward; the Wind being so far Westerly, and blowing hard, and most over on the Coast of Norway, could not fetch Shetland, to call in there; and The Frith being the First Land I made, and the Wind coming to the S. S. W. I put in here; and hearing no News of the Fleet's Arrival, I desire to know how I shall proceed; it being all the Captains Opinions, we should remain here for an Answer, for they may be passed, though we have no News of them here. In case they should not be arrived, and the Squadron should go to the Northward again, my Ship is not in a Condition to go; for my Maintop-sail, with Three Reefs, is now my Mainsail. I got in here, with the Squadron and Five Russia Ships, and a Dutch West India Ship, this Afternoon.

I am,

Honoured Sir,

Your most obedient Servant,

Dreadnought, Leith Roads, Nov. 3d. 1707.

James Mighells.

"To Josiah Burchett Esquire, Secretary to his Royal Highness."

E. "Her Majesty's Ships The Cumberland, Devonshire, Royal Oak, Ruby, and Chester, which were Two of 80 Guns, One of 76, and Two of 50 Guns each, sailed from Spithead on their Way towards Lisbon, the 7th of October 1707, and were off of Plymouth the 9th, and unfortunarely fell in with the Enemy the next Day; but before they sailed from Spilhead, Captain Edwards of The Cumberland (who commanded in Chief) was directed to call at Plymouth for the Ships hereafter mentioned; videlicet, The Dover, Hampshire, Salisbury, Antelope, and August, each of 50 Guns; as also The Charles Galley and a Fireship; but they were sailed into The Soundings, unknown to the Admiralty, before he came off of that Port, by Order of Captain Evans (except The Dover and August, which were disabled, and a Fireship), they being Part of his Squadron, and the only Ships thereof which the bad Weather had left in any Condition for the Sea; nor were there any Ships at Portsmouth or Plymouth, which could be joined to this Convoy, except The Northumberland, One of those that were particularly ordered to be got ready for Service in The Mediterranean; and so little Prospect was there of the Conjunction of the Enemy's Squadrons, that, except the Intelligence from Brest, of the ½ 2/8th of September (received from the Earl of Sunderland's Office), "that Monsieur Fourbin arrived there the 26th; that he would careen all his Ships, and put to Sea again in a Month or Five Weeks;" there was no Advice of any of the Enemy's Ships in those Parts, more than what the Captain of Her Majesty's Ship The Canterbury gave; videlicet, "That, on the 10th September, 1707, he saw Four Ships of War, from 60 to 40 Guns, besides One that bore a Flag at Mizentopmast Head, and some Merchant Ships; and these Ships were Part of the Squadron commanded by Monsieur Fourbin, with the Prizes he had taken at Kildine, going to Russia, with which he was going to Brest."

"Admiralty-office, 31 Januarii, 1706 / 7.

F. An Account of what Convoys have been appointed for the Portugal Trade the last Year, the Times that were fixed for the sailing of such Convoys, and upon what Day they did actually sail, with what Notice was given to the Merchants of such Convoys, prepared pursuant to a Precept from the Committee to whom the Petition of the Mayor, Magistrates, &c. of the Borough of Cliston-Dartmouth Hardness, &c. is referred, relating to the Trade of Newfoundland.

"19th February, 1705 / 6. The Portugal Merchants, by Petition, desired, "That a Convoy might be appointed, to see their Trade from Plymouth thither; and that their Ships might be seen over the respective Bars of Viana, Figuera, and the other Ports, and such Ships as might be there, to Lisbon;" and Mr. Shepheard and several other Gentlemen came to the Office with the said Petition.

"It was thereupon resolved, "That Orders should be sent to Captain Price, who commanded the First Squadron bound to Lisbon, to take the Portugal Trade under his Convoy; and to send either The Litchfield or Hampshire, to see all the Ships in Safety bound to the several Ports between The North Cape and The Rock of Lisbon; and then to repair to Lisbon, and join the other Convoys;" and Directions were sent to Captain Price accordingly, the 19th February 1705 / 6."

"25th February. This Day Captain Price in The Somerset, together with The Royal Oak, Ipswich, Resolution, Hampshire, and Litchfield, sailed from Plymouth; and The Litchfield saw 24 of the Merchant Ships safe into their Ports, between Viana and The Borlings; and there being but One Sail ready to proceed from those Parts, she carried her to Lisbon, where Captain Price arrived the 10th of March, with 70 Merchant Ships and Transports.

"Besides this, Mr. Burchet did, by Command of his Royal Highness, write a Letter to the Dutch Envoy, and desired him, "That the Ships of The States General, bound to Lisbon, might be directed to call at Plymouth for our Trade;" the which they did; and they, in Company of Her Majesty's Ship Northumberland, sailed from Plymouth the 9th January 1705 / 6."

"27th March, 1706. This Day Sir Geo. Byng was off of Plymouth, with a Squadron bound to Lisbon; and was joined by the Trade from thence, which, with those he carried from Spithead, were upwards of 100 Sail."

"18th June, 1706. This Day The Expedition, Gloucester, Anglesea, and Litchfield's Prize, set Sail from Lisbon, and arrived off of Plymouth the 17th July, with 160 Sail of Merchant Ships.

"July 1706. The Merchants trading to Portugal petitioned Her Majesty; and represented the Inconveniencies from the Want of timely Convoy, both Out and Home; and prayed therefore, "That the said Convoy might consist of One 3d Rate, Two 4th Rates, and Two 5th Rates, to be disposed of in the Manner following; (videlicet,)

"1st. The Two 5th Rates to see the Trade into Viana and the other Ports, and the other Three to Lisbon; but if any Ships were bound to Faro, that One Ship of War might see them thither: That this Convoy might be ready to sail from The Downes the First fair Wind after the 15th of August; and to return immediately from Lisbon, with such Trade as should be ready.

"2d. That the Convoy might be ready to sail again the First fair Wind after the 15th of November; and bring Home immediately all Ships that should be loaden, which would be those they carried out in August.

"3. That the Convoy might be ready to sail again the First fair Wind after the 15th of February, and bring Home the Ships they should find loaden; and since the Ships that would then go out could have no Freight Home till the next Vintage, there would be no further Occasion of Convoy from Portugal till the 15th of August next following."

"This Petition was referred by Her Majesty to his Royal Highness Lord High Admiral. And the Prince reported to Her Majesty, "That he had no Objections to the Convoys the Merchants proposed, provided the other Services would admit thereof; and that, as they desired, a Convoy should be going to Lisbon the Beginning of the next Month."

"24th July, 1706. It was this Day determined, "That Orders should be given to The Warspight and Norfolk, Two Ships of the 3d Rate, that, when they joined at Spithead, they should take under their Protection the Trade bound to Portugal, and, calling at the several Western Ports as far as Plymouth, carry all the Trade from thence also to Lisbon; but that The Warspight should see the Merchant Ships to Viana, Oporto, &c. and then repair to Lisbon, and join The Norfolk, and both of them come from thence with the Trade to England in Five Days after the Arrival of The Norfolk, or sooner if The Warspight joined her at Lisbon before."

"18th October. The Norfolk and Warspight, as also The Exeter and Swallow, sailed from Plymouth, and took from Spithead and the several Western Ports all the Trade which was bound to Portugal, and in a Readiness to accompany them; but The Warspight, Exeter, and Swallow, meeting with bad Weather, which much disabled them, they were obliged to return to Plymouth to re-sit; and The Norfolk proceeded on with the Trade, and arrived at Lisbon the 10th of November; and the very Day that these Ships sailed from England, (videlicet, the 18th of October,) The Pembroke, Tygar, and Mary Galley, came from Lisbon, and arrived in Torbay the 7th of November, with what Trade was ready to come under their Convoy."

"Note, That his Royal Highness, finding The Norfolk and the other Ships lay at Spithead, and that they did not proceed on their Voyage when the Fleet sailed from Torbay with Sir Cloudesly Shovell; his Highness demanded of Captain Wynn (who commanded in Chief) his Reasons for so doing. Who returned an Answer, "That, when the Wind came up fair, he made a Signal for the Merchant Ships to come out of the Harbour, into which they had been by bad Weather forced to retire; but that few of them got out that Day; and that, towards the Evening, it blew so very hard, that none of them could stir; that the next Day, the Weather was more moderate, and several of the Merchant Ships got out; but that on the 3d, at Six in the Morning, the Wind came to W. by S. and prevented his sailing that Day, as he designed; and so it continued until he received Orders for stopping him, which was on the 7th, upon Account of the Advice that there was a Squadron of French Ships in The Soundings."

"The 8th of October, the Portugal Merchants were acquainted, by Letter, with the Advices received of a Squadron of French Ships to the Westward; and that thereupon the Lisbon Convoy was stopped at Spithead; and they were told, The Nassau and Swallow were ordered to join the said Convoy at Spithead, in order to their accompanying them as far as the Latitude of Cape Finisterre."

"The 9th Day of October, several Merchants trading to Portugal came to the Office, and were acquainted, "That the Prince had appointed The Nassau and Swallow to strengthen their Convoy. And some of them desiring that the Convoy might not be stopped for those Two Ships; and others insisting on the contrary; they were desired to give what they requested in Writing, and put their Hands thereunto; the which they promised to do."

"The next Day, being the 10th of October, several Gentlemen trading to Portugal attended, with a Petition, signed by Sir John Houblon, Sir Edmund Harrison, and many others, in relation to their Convoy, then at Spithead; the which Petition was read; and they were acquainted, "That there was no further Intelligence of the before mentioned French Squadron." They were desired to give their Opinion, in Writing, " Whether the Trade should sail with the Two Men of War, as was first designed, or stay for a Reinforcement?" which most Part of them declined to do: And as some, who were concerned in the Corn Vessels, desired that the Two Men of War might sail with the Trade; so were others, concerned in the Woollen Manufacture, of a contrary Opinion; so that, not agreeing amongst themselves, they were desired to withdraw, and set down what they had to propose in Writing; whereupon most of the Merchants went from the Office: But Sir John Lambert and Five others signed a Paper; desiring, "That such further Reinforcement might be added to the Two First Ships as could be allowed, provided the Convoy might be ready to sail the next Week; but, rather than any further Delay should be made, they desired the Trade might then proceed with the present Convoy."

"Now, since there was no further Account of the Enemy's Squadron in The Soundings, Orders were sent, the 12th of October 1706, to Captain Wynn of The Norfolk, to proceed with her, the said Warspight, and Exeter, according to former Directions, without making any Stay for The Nassau or Swallow; and to send back The Exeter, when he came into the Latitude of Cape Finisterre; but that, if The Nassau and Swallow, or either of them, did timely join him, he should take them with him into the aforesaid Latitude; and accordingly they proceeded on their Voyage, in the Manner before mentioned.

"11th Nov'r 1706. The Merchants trading to Portugal were acquainted, "That The Torbay, Chichester, Restoration, and Elizabeth, were under Orders to proceed from The Nore to Spithead; and that from thence they would sail to Lisbon." Accordingly Sir Thomas Dilkes, who commanded the aforementioned Ships, was under Sail from Torbay the 16th of January, with 120 Sail under his Convoy, Ten whereof joined him from Topsham."

"An Account of what Notice was given to the Merchants trading to Portugal, relating to the Convoys for the Year 1706.

"15th Nov'r 1705. They were desired to hasten their Ships to The Downes, that so they might take the Benefit of the Coast Convoy from thence to Spithead, in regard the Lisbon Convoy was to proceed from thence with all Speed.

"23d Nov'r 1705. The Merchants were acquainted, "That the Convoys bound to Lisbon would be ordered to take particular Care to see such Ships and Vessels to Viana, Oporto, Aviero, and Figuera, as should be bound thither."

"25th July 1706. They were acquainted, "That The Norfolk was added to the Convoy now designed for Lisbon; and that it was intended they should sail by the Beginning of the next Month."

"12th October. They were desired "to hasten their Ships, for that the Convoy from Spithead would be ordered forthwith to sail."

"25th October. The Merchants were informed, "That it was designed a Convoy should sail to Portugal the 15th of the next Month."

"11th November. Information was given to them, "That the Convoy designed to Lisbon had Orders, so soon as they came to The Nore, to proceed to Spithead, and from thence on their Voyage; and that, if they had any Trade ready to proceed to Portugal, it was necessary the same should be hastened to The Nore, to take the Benefit of the Convoy."

"18th Nov'r 1706. They were desired to get their Ships in the River, bound to Portugal, to The Buoy of The Nore by this Day Fortnight; for that the Convoy was to sail from thence to The Downes the First fair Wind after that Time, and so to Spithead, and then forward on their Voyage.

"5th December. They were further acquainted, "That The Winchelsea and Child's Play, as also The St. Albans and Anglesea, were under Orders to proceed from The Nore to The Downs, over The Flats, and to convoy all Vessels, ready to sail with them, bound to Lisbon, &c. (fn. 4) and as far as Spithead:" And this Notice was given to them, that they might get their Trade timely at Spithead, to proceed to Lisbon under the Protection of The Swiftsure and Warspight, which staid there to convoy the Ships with Bread to Spain."

G. "The Suffolk and Bristol passed by Spithead, in a hard Gale of Wind, and in thick Weather; so that they could not with Safety make any Stay, although they had Orders.

"As to Sir Thomas Hardy's passing by Spithead, with the Ships from India, without calling for the Trade; he gave an Account, in his Letters, "That, on the Third of March 1706 / 7, he was off of the Isle of Wight, with Sixty-three Sail of Merchant Ships, several whereof had received great Damage, insomuch that the Ships of War were obliged to take them in a Tow: That in the Evening it blew very hard at West by South; which obliged him, as soon as 'twas Light, to make the best of his Way to The Downes, for Security of Her Majesty's Ships and the Trade."

"The Southampton (One of the Ships mentioned) was with The Lizard a Standing Convoy to the Trade betwixt Exeter and Milford; nor had she been at Spithead at that Time, were it not to pay the Men belonging to her to the Time that other Ships of the Fleet were paid.

"The Anglesey, which, the Merchants say, lay at Spithead ready fitted a considerable Time, was One of the Ships appointed for the Convoy to Turky, which Convoy sailed from Plymouth the Beginning of February 1706 / 7 and in 4 or 5 Days after met with such bad Weather, that some of them lost their Masts, and were obliged to return to Plymouth; and One or Two of the Merchant Ships being forced to Portsmouth, the aforesaid Ship Anglesey was ordered from Plymouth for them.

"It is also alledged, "That, during the Time the Trade lay at Portsmouth for Want of Convoy, several Frigates sailed from thence, and cruized as far as Dungeness." Those Frigates were ordered to cruize, and clear the Coast of Privateers; but not thought a sufficient Security for this Trade, The Ruby and Feversham being then under Orders to convoy them; but, upon Application from several Merchants, were sent to Topsham, to bring the Trade from thence bound Eastward to Portsmouth, and to call there for the aforementioned Merchant Ships; which Service they did perform.

"And as for the other Ships of War, which the Merchants affirm were at Spithead between the aforesaid Month of December 1706 and the 24th of April following, great Part of the said Ships were in Portsmouth Harbour, and not in a Condition to go out to Spithead, for Want of Men: Others were sitting out for The Mediterranean, and likewise in Want of Men to sail them. A small Frigate or Two lay in a constant Readiness to proceed to The Streights, with Her Majesty's Dispatches; and others were preparing for the Plantations. In fine, not any of the Ships enumerated by the Merchants could be diverted from the Services whereunto they were appointed."

H. "Her Majesty's Ships The Chester and Ruby were appointed for the First Convoy to Virginia, and arrived at Spithead from Plymouth the 28th of April, where Orders had been lodged Three Days before for their proceeding on their Voyage. There was but One of the Virginia Ships arrived from The Downes the 6th of May, and the Convoy lay Wind-bound at Spithead till the 21st of June, and then they sailed; but the Commander in Chief receiving an Account from the Lord Forbes (which he had from the Mayor of Hastings), "that Twelve French Men of War were standing Westward, with all the Sail they could make," he returned to Spithead. But those Ships were The Defiance and Advice, with their Convoys from The Downes, as hath been before mentioned.

"Upon Advice from a Dutch Dogger, "That on the 24th of June he fell in with Six French Ships of War, about Five Leagues from The Lizard; " Sir Thomas Hardy, who was going with a Squadron as far as The Burlings, was ordered to take The Chester and Ruby, and the New England, Newfoundland, and Leeward Island Convoys with him. He sailed the 8th of July; but could not get out of The Channel, being often forced back to Torbay, and the last Time the 15th of August. The 19th of the same Month he received Orders (pursuant to the Queen's Commands) to send The Chester and Ruby to Spithead, with the Virginia Trade, that, so soon as the Ships with Horses for the King of Portugal should be ready, they might proceed with them to Lisbon, and afterwards to Virginia. These Two Ships arrived at Spithead the 27th August; but the Trade for Virginia kept Company with Sir Thomas Hardy.

"The 6th of September there was Advice, "that some French Ships of War and Privateers were cruizing between Ushant and Scilly, "and the Merchants themselves mentioned the same in their Memorial; whereupon The Ruby and Chester were stopt at Spithead, that so they might go out with The Cumberland, Devonshire, and Royal Oak; and accordingly they sailed with them the 7th of October, and unhappily sell into the Enemy's Hands, as hath been before mentioned.

"Her Majesty's Ships Bristol, Guernsey, Oxford, and Burlington, were appointed to be the other Convoy to Virginia; and although the Merchants did, on the 1st of April, desire that they might sail from hence by the 15th of August, yet, by a Memorial in that Month, they desired they might sail the 15th of September, and accordingly did petition the Queen; and yet their Trade from The River did not get to The Nore before the latter End of October.

"The 12th of November they sent to the Admiraltyoffice a List of their Ships which were in The Downs, and desired "that the Convoy at Spithead might not sail until they had joined, in regard they were a Third Part of their Fleet;" so that, had the Convoy been sooner ready, the Trade would not have been so, to have accompained them.

"Hereupon Orders were sent, for the First Ship that should come to The Downes to convoy their Trade to Spithead; and Sir John Leake (who had Orders to convoy the Virginia Trade 100 Leagues into the Sea, and to proceed with only Two of their Convoys if no more of them were ready) was ordered to remain there 24 Hours after the Wind should come fair, for their joining him; and at this Time The Oxford, Guernsey, and Bristol, Three of the Four Ships appointed for this Convoy, were at Spithead.

"Sir John Leake being ordered on Shore, he was directed to send Sir John Norris to Sea with his Squadron, and to order him to take Care of the Virginia Ships; but he was detained at Spithead, by contrary Winds, until the 31st of the Month of December, and then he sailed."

"November 24th, 1707.

1. "SIR,

"I have yours of the 22d, with the enclosed Petition, as a Complaint from the Merchants against Captain Roffey, who had my Orders to bring such Merchant Ships as were ready to sail from Port Royal in Jamaica, and join me in Blewfield's Bay: Upon his Arrival there with me, I made the Signal for all the Masters of the Merchant Ships, in order to my Captain's giving them Sailing Instructions (which, as I well remember, was about Five in all that came on Board, they being bound to Carolina, Virginia, Pensilvania, and New England); and am certain, the Master of the Ship they mention never came on Board me for Orders of sailing.

"I particularly remember, when we were shot near The Gulf, and were to double Cape Bonna and several dangerous Shoals that lie 8 or 9 Leagues from it into Sea, that a Vessel, in the Close of the Evening, made a Signal of Distress. Captain Rossey of The Northumberland bore down to her, to know her Want; which was, that her Fore-mast was much sprung in the Partners, and that they could not keep the Sea; but that they must bear away (the Wind being then Northerly) for the Camannas: And by the Information of a Master of another Galley, that sailed Four Days after me, and joined me in The Gulf, he told me, "That he saw the aforesaid Vessel lying in Safety at the Islands of Camannas." Had I broughtto, and lain-by for her with the whole Squadron, I should have been in great Danger of being lost upon the Shoals; as likewise of starving, if I had not gained my Passage through The Gulf as I did. This is Matter of Fact, as well as I can remember, relating to these Merchants Complaints; and that their Ship did not lose a Maintop-mast, as they alledge.

"Captain Roffey of The Northumberland, and Captain Morris of The Monk, had both of them my Orders to take particular Care of the Merchant Men; and, for their Justification, I am obliged to acquaint his Royal Highness and Council, that both of them performed their Duty exactly well; and I dare believe, if the said Galley (they mention) had been well masted, she had got well to England, if they had such a Ship bound thither: And I cannot but wonder at the Merchants, that they should think I should run into imminent Danger of losing Twelve Men of War, and 3 or 4000 Men's Lives, in order to save

"One disabled Ship. This is all the Answer I can at present make to their unreasonable Complaint. I am, Sir,

"Your most humble Servant,

"Jn°. Jennings.

"To Mr. Burchett."

"Northumberland, in The Downs, "Nov'r 23d, 1707.

K. "SIR,

"In Obedience to his Royal Highness's Commands of the 20th Instant, I have enclosed Copies of the Orders I received from Sir John Jennings, relating to the Merchant Ships, when at Jamaica. And, according to the First, I gave Sailing Instructions to those Masters that said they were ready to sail; and, according to the Second, I made the usual Signal, to acquaint them of my sailing; and on the 22d of February 1706 / 7 I sailed, and on the 23d joined Sir John at Blewfield's, who then commanded. I am very certain, that the Ship complained of sailed not with me from The Keys; for Mr. Lott, their Factor, told me, "That, unless I spared them some Men, she could not sail with me;" and, because I did not, they humbly conceive it a great Failure in my Duty to Her Majesty and theirselves. She might be One of the Three that joined us the Day we sailed from Blewsield's, for aught I know; but I must pray Leave to conceive with them, that I am no Ways answerable for the Folly or Neglect of either their Master or Factor. I have writ to Sir John Jennings, and have enclosed a Copy of the Complaint, who can inform his Royal Highness better of the Names of those Ships that joined us off Blewfield's, he having the Command. I am

"Your Honour's most humble Servant,

"Kerrill Roffey.

"To Mr. Burchett."

"By Sir John Jennings Knight, Rear Admiral of the Blue Squadron of Her Majesty's Fleet.

"You are hereby directed, with the First Opportunity of Wind and Weather, to sail with Her Majesty's Ship The Northumberland under your Command, and join me as soon as possibly you can in Blewfield's Bay; and in case The Mary, Roebuck, and Falcon, are now there, or shall arrive off The Keys before you sail, you are to take the said Three Ships under your Command till you arrive with me, the Captains thereof being directed to follow your Orders. And whereas I think it necessary that The Dunkirk's Prize should attend you down here, you are likewise to take her under your Command, to sail in Company with you here; and in case she should be out cruizing, then you are hereby empowered to hire a Sloop, to attend your Ship to this Place, as likewise for the better Conveniency of the Store-keeper of the Navy and Agent Victualer, for their sending Stores and Provisions for the Ships here with me.

"And in case there should be any Merchant Ships now ready laden, bound for England, and that can be ready to sail with you in 48 Hours after the Receipt of these my Orders, you are to stay so long, to give them safe Convoy to me; otherwise to acquaint them, that if they can join me here by the 20th Instant, that I shall order them Convoy for England: For which this shall be your Warrant.

"Dated on Board The Devonshire, in Blewfield's Bay, this 12th February 1706 / 7.

"Jn°. Jennings.

"To Captain Kerrill Roffey, of Her Majesty's Ship The Northumberland:"

"By Sir John Jennings Knight, Rear Admiral of the Blue Squadron of Her Majesty's Fleet.

"Whereas, by the great Sickness that has happened on Board Her Majesty's Ship under your Command, she is become unserviceable to proceed on the present Expedition I am now going upon, by the great Number of your Men being put on Shore upon The Keys, for the Recovery of their Health:

"You are hereby directed, as soon as you shall find your Men recover, to get them on Board again, and to keep your Ship in a constant Readiness to sail for England; and, upon my sending a Ship to Jamaica, you shall receive Men, and further Orders for your proceeding directly for England; giving Notice to the Merchants, that you are to take under your Convoy all such Merchant Ships as shall be in a Readiness to sail with you: And whilst you shall remain here at The Keys, you are to take under your Command The Assistance, Swan, and St. Antonio Sloop, giving the Two former all the Assistance you possibly can, in their being fitted and careened. And whereas I have ordered The Swan, as soon as she can be got ready for the Sea, to proceed to her former Station, you are to permit her to put the said Orders in Execution. And in case any Vessels shall arrive, from New York, New England, or any other Ports, laden with Provisions, you are to give Mr. Gyde, the Agent Victualer, timely Notice of the same; he being ordered by me to buy all the Provisions he possibly can, for the Use of my Squadron and that of Commodore Kerr's. For which this shall be your Warrant.

"Dated on Board The Devonshire, off The Keys at Port Royal, this 15th January 1706 / 7.

"Jn°. Jennings.

"To Captain Kerril Roffey, of Her Majesty's Ship Northumberland."

"Admiralty-office, 7th January 1707.

L. "A List of what Ships and Vessels of War have been taken from the Enemy, or destroyed, by Her Majesty's Ships, during this War; with their Force, where they have been taken or destroyed, and how.

"Memorandum, As to the Ships in this List said to be taken at Ostend, they were rescued from continuing in the Enemy's Service, by Her Majesty's Ships being off that Port, and facilitating the taking of it."

"ABSTRACT.

"Admiralty-office, 7th January 1707.

M. "A List of Her Majesty's Ships and Vessels, which have been taken by the Enemy, or destroyed, during this War; with their Force, where they have been taken or destroyed, and how.

ABSTRACT.

State of the Fleet and Trade.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the House be put into a Committee, to consider further of the State of the Nation, in relation to the Fleet and Trade of the United Kingdom of Great Britain, on Thursday next, at Twelve a Clock; and that the Consideration of the aforementioned Papers be referred to the said Committee.

Kempe versus Tutte, in Error.

Whereas this Day was appointed, to hear the Errors argued, upon the Writ of Error depending in this House, wherein Thomas Kempe and Page Hocket are Plaintiffs, and Randolph Tutte Defendant:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Errors argued, in this Case, on Monday next, at Eleven a Clock; and that the other Causes, on which Days are appointed to be heard, shall be removed, to come on in Course.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, duodecimum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

Sabbati, 10 Die Aprilis, 1708, hitherto examined by us,
Herbert.
Somers.
Halifax.