Anne: October 1702

Calendar of State Papers Domestic: Anne, 1702-3. Originally published by His Majesty's Stationery Office, London, 1916.

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'Anne: October 1702', in Calendar of State Papers Domestic: Anne, 1702-3, (London, 1916) pp. 263-282. British History Online https://www.british-history.ac.uk/cal-state-papers/domestic/anne/1702-3/pp263-282 [accessed 24 March 2024]

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October 1702

1 Oct.
Admiralty Office.
Josiah Burchett to Nottingham.
Sends extract (fn. 1) of a letter just received from Commander St. Loe at Plymouth.
Five lines. Signed. Endd. S.P. Dom., Naval 6, 133. Enclosing:—
Commander St. Loe to Burchett.
I have made further inquiry regarding the galleons of John Fermen, one of the prisoners lately taken by a Dutch privateer on a French firep [fireship]. He is a Dunkerker and calls himself a Catholic, but expressly informs as follows: —About 14 August he heard eight guns firing at some ship belonging to the galleons, himself being to leeward. Could see nothing owing to fog. They were off the banks of Newfoundland, and, by their course, steered for Placentia. This agrees with other accounts. Though steering for Placentia, the galleons really intended, he says, for Cape Rase [Race] to get provisions and men, which they badly wanted; and that they did not go into Placentia because the entrance is narrow and the galleons steer very wildly. Moreover, the harbour is bad, but that at Cape Race is able to entertain a great fleet.
He says that a packet was sent to France from the Banks of Newfoundland to say where the galleons were left. Two days later the aforesaid firep [fireship] was sent on the like errand and fell in with some French men-of-war, but lost them; and in looking for them the fireship fell in with the Dutch privateer. Some letters were thrown overboard, which he believes were advices to France.
He says that Montezuma died in the Havanna and that Count Nermond and Count Rosemadack (both flags) are also dead. Otherwise he confirms the accounts previously sent. I have given him a small gratification, with promise of more if what he says is true and any of the galleons, by his means, fall into our hands. Other details. I believe that he is telling the truth and that the galleons are still abroad and submit that it would be well if two ships of war were sent to cruise off Santa Cruz at the Canaries and wait for them; for I believe they will make for that place for refreshment. When they are sighted one cruiser should leave to inform the squadron and the other should dog them till he can find where they are.
Pp. 2. Endd. Dated, Plymouth Yard, 29 Sept. Ibid, 133a.
1 Oct.
1 Oct.
Bath.
Hedges to the Lord Treasurer.
My last foreign letters say little of consequence. M. D'Hervart reports that the Elector of Bavaria is gone home, fearing the detachments that are sent against him. "All we have consider—able" from sea is that one of the galleons is arrived at St. Lucar. If this be so, it is probable that the others have gone for the coast of Spain, though the account which I received last night from Captain St. Loe appears to show they are not so near. Lord Nottingham has a letter from Port Louis of 26 September saying they were in a miserable condition and not able to defend themselves. I hope Sir C. Shovell, who, I hear, has gone out, may find them if they come for France.
P.S.—I suppose you know the Lords of the Committee are preparing to send recruits to the Duke of Ormond.
P. ½. S.P. Dom., Entry Book 101, p. 249.
1 Oct.
Whitehall.
Nottingham's Letters.
1. To the Commissioners of Sick and Wounded.
The Committee of Council approve the removal of the prisoners of war from the Savoy to Dover. Give directions accordingly.
Count de Mornay says he has heard from M. de Pontchartrain concerning a cartel. Go and hear his proposals and report to me.
P. ½ S.P. Dom., Entry Book 104, pp. 118, 119.
2. To Same.
To set at liberty Laurence Ruben, Francis Willaert and a boy called John Shiker, unless there is some particular reason against doing so. Robert Elfrey of Harwich and two other men have been released from Newport in Flanders on an obligation that this should be done.
P. ½. Ibid, p. 119.
3. To Same.
Queen's command:—To pay 24l. 1s. 2½d. to Charles Morris of Dover for hiring and fitting up a house in which to keep prisoners of war.
P. ¼. Ibid, p. 120.
4. To Same.
The Royal African Company represent that there are several prisoners of war at Plymouth (not Frenchmen), particularly one William Collier, a German, who are willing to serve the Company in their forts at Guinea. Queen's command:—Give order to the Commissary at Plymouth to deliver Collier and such other prisoners (if not French or Spanish) as are willing so to serve to the Company's superintendent at Plymouth that they may be sent to Guinea in one of the Company's ships now lying there.
P. ½. Ibid, pp. 120, 121.
5. To the Attorney General.
Sends a petition of John Albery, lately laid before the Committee of Council, for prosecution of the offender mentioned in it.
P. ¼. Ibid, p. 121.
6. To the Prince's Council.
The Committee of Council approve of the suggestion that certain seamen taken by Sir Cloudesley Shovell on prizes and suspected to be English, Scotch or Irish be put on board ships bound for the West Indies to serve the Queen. Give directions accordingly.
P. ¼. S.P. Dom., Entry Book 104, p. 121.
7. To Same.
The Committee think the commanders of sloops which, pursuant to a contract with Mr. Dummer, are to carry letters &c. to and from the several British islands in America should have commissions granted to them, as the packet-boats have; and I am, to let you know it, so that you may receive his Royal Highness' directions therein and dispatch such commissions. The present commanders are Captain Ralph Corbett, commander of the Bridgman, and Captain Richard Sympson of the Mansbridge.
P. ½. Ibid, p. 122.
8. To Same.
Committee of Council's order:— The Governor of Jamaica should have a ship to take his equipage there, as the Governor of Barbados had. Take his Royal Highness' orders for directions to the Navy Board to supply one.
P. ⅓. Ibid, pp. 122, 123.
9. To the Commissioners for Sick and Wounded.
To consider a letter from the Mayor of Southampton re provision of an adequate guard for the French and Spanish prisoners, which are there in large numbers.
Note.— That Mr. Cornelius, the Mayor of Southampton, reported on 28 September that there were over 600 French and Spanish prisoners there and a guard of only one officer and sixteen or eighteen men.
P. ½. Ibid, p. 123.
2 Oct.
Whitehall.
Nottingham to Bernard Ellis, Esq., Lieutenant-Governor of Guernsey.
The Queen would have you acquaint Lieutenant la Boulay that he must take the first opportunity of coming into England that he must take the first opportunity of coming into England and appear before one of the Secretaries of State to answer the charges against him.
P. ¼. Ibid.
3 Oct.
Whitehall.
Same to the Earl of Carlisle.
I sent the lists of Deputy—Lieutenants to Secretary Hedges, who has returned them approved; but I did not include Mr. Henry as well as Mr. George Fletcher (as in your list), as you said this was a mistake. I did not include Mr. Andrew Huddleston for the reason formerly given, in which your lordship seemed to agree.
P. ⅓. Ibid, p. 124.
5 Oct.
Whitehall.
Nottingham to the Commissioners for Sick and Wounded.
Yours of the 2nd, with letters of the Count de Mornay and M. de Pontchartrain, have been considered by the Committee of Council. I am directed to tell you:—
You should inquire into the treatment of French prisoners here, and especially at Portsmouth. The Queen desires that they may be treated as prisoners of war should be, and as well as is consistent with their safe custody, that no occasion may be given to the ill-usage of such of her subjects as may be unfortunately taken by the French.
He mentions two French privateer captains who are in irons at Southwark on suspicion of being English. Pray let me know the facts about them, that such steps may be taken as are just.
You may tell Count de Mornay that I am surprised at the list [he sends] of French vessels detained in Jersey, Guernsey and the Isle of Wight, because I had long ago sent orders to release all those which were there before the Declaration of War. I do not believe there are now any in those islands, but I will repeat the Queen's orders; save only the Susanna of Cherbourg, who brought over spies, and whose captain has deserted her and never claimed her.
You may further tell him that the difference in number between the French prisoners here and the English in France is so great that they could not reasonably expect that the exchange should take place in the manner suggested, which is all for all; but that if the French will agree to exchange man for man of the same quality, this shall be done, and the ransom of the rest allowed on fair terms, which terms shall continue for restitution of prisoners hereafter taken.
The proposal for bringing all the English prisoners to Calais or St. Malo has great inconveniences to us, because the English prisoners now at Dunkirk, Rochfort &c. would have to march there; and we know, by experience in the late war, that many perished in so long a march. The French must therefore either appoint more places of embarkation or devise some better way of bringing the men to the ports "than by driving them thither as was practised in the late war."
It seems very curious that the Governor of Bayonne should seize a number of English merchantment and demand a ransom for them and give no account of it to the French Court. The circumstances of these merchants are such that they should not be made prisoners, and her Majesty insists on their being released. An answer on this point is expected at once, so that her Majesty may resolve on her action as to the French merchants and prisoners here, with regard to whose release the French desire a cartel to be settled.
Pp. 2½. S.P. Dom., Entry Book 104, pp. 124–7.
6 Oct.
Whitehall.
Nottingham's Letters.
1. To the Earl of Berkeley.
[I send] the list of Deputy-Lieutenants sent in by your. lordship, which have come back from Bath with her Majesty's approbation. I have signed them.
Six lines. S.P. Dom., Entry Book 104, p. 127.
2. To the Mayor of Southampton.
Yours of 21 September re insufficient guard for prisoners has been sent to the Commissioners of Sick and Wounded (the proper officers). They say the guard has been so strengthened as to give you the security you desire.
P. ½. Ibid, pp. 130, 131.
Memorial of the Parishioners of Althorp to the Queen.
We prostrate ourselves [&c.] on behalf of our present curate, Mr. Martin Horbury (fn. 2), that he may succeed Mr. Sedgwick, late rector of this place. He is a sober, honest and peaceable man, who has lived among us for twelve years and "very deeply interessed himself in our most hearty love "by his life amongst us. We are all ready to serve him for his own sake and for that of his father, who was rector here. We pray your Majesty to condescend unto us, and will ever pray &c.
P. ½. Signed by Francis Hutton, Robert Elwick and ninety other parishioners. Followed by:—
7 Oct. Martin Horbury to Richard Dalston.
Prays that the letter may be laid before the Queen or Mr. Secretary.
A note.(Hol.) The whole p. 1. Add. (in Horbury's hand) to Mr. Dalston at his house "in the Pall Mall." S.P. Dom., Anne 1, 79.
7 Oct.
Jersey.
Colonel Collier to Nottingham.
The Commissary of St. Malo, in compliance with a request which (promising similar treatment) I made to him, has sent back not only some gentlement of this island who were taken when fishing just outside the harbour, but also Peter Seal, an English factor at Bilbao, who was stopped at St. Malo when trying to get home before the war, and Christopher Jones, who was commander of the Somerset, of Minehead, and was taken on July 13, when bound for London from Antigua with sugar, and says that his ship was retaken before he reached France; also Mr. Wybert, commander of the Betty [details], which was taken the 16th of July, but retaken in 18 hours, and two hands taken on the Hopewell of Lancaster, which was taken coming from Port O Port [Oporto] and ransomed. The Commissary wrote very civilly asking that, in return, all such prisoners as were detained here when war was declared should be returned. For the return of the boat the gentlemen who came in her gave security at St. Malo's. We have four [French] merchants and two gentlemen detained here, the merchants being traders here since long before the war, but I cannot release them without fresh orders, [details] which please send.
P.S.—They say there is great joy in France at the return of the galleons, our retreat from Cadiz and the capture of Guastela [Guastalla] in Italy.
Pp. 1½. Signed. Endd. S.P. Dom., Channel Islands 2, 37.
7 Oct.
Whitehall.
Nottingham to Mr. Vernon.
I understand that Mr. Bradshaw is bailed by the Lord Chief Justice, and the others have desired to be bailed by me. I do not know with what sum they are charged or what security they gave on coming into office. What bail should I require of each of them?
P. ¼. S.P. Dom., Entry Book 104, p. 127.
8 Oct.
Whitehall.
Same to the Lieutenant Governor of Jersey.
I have received a list of French ships detained (as alleged) at Jersey, and again order you to discharged any of them which were there before the Declaration of War and to give me the reasons why any others are detained.
List of five ships follows, with details as to their port, lading, masters &c.
Also note of similar letter addressed to the Lieutenant Governor of Guernsey and of eight vessels stopped at Grenezey [Guernsey] with similar details.
In all pp. 1¾. Ibid, pp. 129, 130.
[9 Oct.] Petition to the Queen of Thomas Watson, D.D., Bishop of St. David's, shewing that:—
Some clergy and officers of petitioner's diocese, angry at his attempts to reform non-residence and other disorders complained of in his diocese, raised and spread many false and scandalous reports to make petitioner odious. They made use of that ill fame to present articles of simony and other pretended crimes against him. These were so presented to the Archbishop that he was "prevailed with" to cite petitioner to appear at Lambeth, and afterwards to pronounce sentence of deprivation, with excessive costs, against him, which his Judges Delegates confirmed.
The prosecution was wholly malicious, the witnesses untrustworthy, and the evidence insufficient to justify the sentence. The petitioner's witnesses were not allowed to give evidence, and several allegations material to his case were excluded by his Grace's agents and the delegates.
Prays for "a commission of review, with a clause of new matter directed to such noble peers, Bishops, Judges of the Common Law and Doctors of the Civil Law," as the Queen thinks fit to hear and determine the cause.
P. 1. Signed. Endd. S.P. Dom., Anne 1, 80.
13 Oct.
Whitehall.
Hedges' Letters.
1. To the Prince's Council.
At M. Leyoncrona's request, to direct the release of a Swedish sailor lately pressed on board the Sunderland, that he may have a ticket for his wages, if they think fit.
P. ¼. S.P. Dom., Entry Book 204, P. 348.
2. To the Postmaster[s] General.
I send a despatch which the Queen has ordered to be sent to the Earl of Marlborough and her Majesty's ministers abroad on the occasion of the late success at Vigo. I have charged King, the messenger, with them, and desire that he may be supplied at once with a packet-boat or, if there be none at hand, some other convenient boat.
P. ⅓. S.P. Dom., Entry Book 101, p. 259.
14 Oct.
Whitehall.
Hedges to Mr. Blathwayt.
The Prussian Ambassador Extraordinary, M. de Spanheim, has presented a demand for the arrears of subsidies due to his master. He mentions your name in it, and as I believe you know the state of the matter, I send the demand. Please return it with a state of that arrear to be laid before the Queen.
P. ⅓. Ibid, P. 250.
Same. Nottingham's Letters.
1. To the Prince's Council.
The French proposal for a general exchange of prisoners having been rejected, the Lords of the Committee desire your opinion as to fixing terms and rates for a cartel.
Repeats objections of his letter of 5 October, 1702 [above, p. 266], as to the concentration of British prisoners in France at Calais and St. Malo. Proceeds:— Please consider to what other French ports they should come, and how the hardships experienced in the last war may be avoided.
P. 2/3. S.P. Dom., Entry Book 104, pp. 131, 132.
2. To the Commissioners of Sick and Wounded.
Queen's command:—Given order to release Laurence Hendrixsen, master of a busse belonging to Bouges [Bruges], and one of his crew. John Bilton, master of a ship belonging to Burlington [Bridlington], and his son, who were taken by a privateer of Ostend, have, the Queen hears, been released on condition of these men receiving their liberty. (fn. 3)
P. ¾. Ibid, p. 133.
15 Oct.
Whitehall.
Same.
1. To the Prince's Council.
Colonel Nicholson, in a letter of 23 July, recommended that all vessels leave thence, at latest, at the commencement of June (and before if possible), as they suffer much by worm and sickness of men, by waiting. I am to send this to you that you may discuss it with the merchants.
Pp. ½.S.P. Dom., Entry Book 104, pp. 133, 134.
2. To the Commissioners of Sick and Wounded.
If no objection, agree to exchange of Dupont Gille Simon, captain of a French privateer, for Josuah Inglelate and Phineas Thomas, masters of ships belonging to the Royal African Company who are in prison at St. Malo and Dinant.
P. ½. Ibid, pp. 134, 135.
3. To Henry Hooke, Lieutenant-Governor of Plymouth.
Yours of the 25th. Your conduct in the case of the French prisoners set ashore by the Dutch privateer is approved. It is very fit Mr. Warren, who did much to obtain their liberty by being surety for them, should be obliged to answer for it at the Sessions.
P. ½.Ibid, p. 132.
16 Oct.
Whitehall.
Hedges to the Lord Lieutenant of Ireland.
Your report of 17 July last re Captain William Flower has been laid before the Queen, who commands that, in consideration of his claim and services, you give him such employment, military or civil, as you think fit for him.
P. ¼. S.P. Dom., Entry Book 101, p. 250.
Same entered again. Ibid, p. 257.
Same. Nottingham's Letters.
1. To the Commissioners of Sick and Wounded.
The main fleet under Sir George Rooke being about to return, you are to take care of any sick and wounded soldiers who may be landed in such manner as you are directed by his Royal Highness to take care of sick and wounded seamen. Keep distinct accounts of the two services.
P. ⅓.S.P. Dom., Entry Book 104, p. 135.
2. To the Officers of Ordnance.
What tents have you ready in case of necessity? Were any sent from your office with the Duke of Ormond? If so, how many?
P. ¼. Ibid, p. 136.
3. To the Lord Treasurer.
Relates the fact of Sir G. Rooke bringing home plunder from Port St. Mary's in Spain. Proceeds:— The Queen would have you give orders to the Customs Officers to allow no such goods to be landed. Further pleasure.
P. ½. Ibid.
4. To the Commissioners of Transport.
Queen's command:— You must not give any charge in on the horses and men that went with the fleet to Cadiz.
Five lines. Ibid, p. 146.
17 Oct.
Whitehall.
Hedges' Letters.
1. To the Commissioners of Prizes.
The Queen hears that great quantities of goods and money [details] have been pillaged from the Spaniards at Port St. Mary's and elsewhere, and are on board the fleet and attendant ships. Some of these have already arrived and the rest are daily expected. The Queen is resolved that the strictest account of them be taken and none embezzled. She desires you to take the advice of her counsel in the Court of Admiralty, and, through your officers at the various ports, to lay hands on these goods when they arrive. If possible prevent their being put ashore, but if any of them are put ashore, have them arrested and put in safe keeping until further order. For doing this, you are to apply to his Royal Highness for letters of assistance to the sea and land officers on board the fleet and to the Lord Treasurer for orders to the Commissioners of the Customs to help you with their officers and agents if necessary. Give an account of your proceedings in this matter from time to time that I may lay the same before the Queen and take her further pleasure. "You are to consider that this is a thing of great consequence and the nature of it is such that it does not admit of any delay."
P. 1. S.P. Dom., Entry Book 101, pp. 252–3.
2. To the Dutch Ambassadors.
Hopes for a meeting between them and the Commissioners appointed to treat with them. Confusion owing to the approaching meeting of Parliament. When things are in order all care will be used to conclude the Treaty.
P. 2/3, in French. Ibid, p. 267.
17 Oct.
Prize Office.
The Commissioners of Prizes to Hedges.
We have sent orders to all our sub-commissioners and agents to seize all goods and effects mentioned in your letter of directions to us when Sir George Rooke's ships come in from Spain.
We send our advocates' opinion as to procedure for obtaining and securing the plunder. We will enjoin care upon our officers and let you have constant reports.
P. 2/3. Signed by Edward Brereton, George Morley, R. Yard and Ant. Duncombe. Endd., S.P. Dom., Naval 117, 48. Enclosing:—
a. Opinion of T. Cooke and William Oldys [Barristers-at-Law].
In order to make more effectual discovery of what plundered goods are brought in her Majesty's fleet now coming from Spain under the command of Sir George Rooke, it is our opinion that commissions of inquiry should issue from the High Court of Admirtalty, together with warrants to arrest and secure such of the said goods as shall thereby be discovered. Those commissions and warrants should be directed to the Prize officers and other proper persons residing at the ports at which the said fleet, or any ships belonging to it, arrive.
P. ½. Dated, 17 October, 1702. Ibid, 48a.
17 Oct.
Whitehall.
Nottingham's Letters.
1. To the Lord Treasurer.
The Queen thinks fit to allow Sir David Mitchell 500l. for his journey into Holland, and desires you to give order accordingly.
Five lines. S.P. Dom., Entry Book 104, p. 146.
2. To the Attorney General.
The Queen has ordered the Duke of Ormond to confine the officers concerned in the plunder of Port St. Mary's contrary to her Majesty's express command in her declaration and to the Duke's directions. Her Majesty desires that they be tried, and your opinion is required on the best way of trying them. I send you this notice that you may have your opinion ready by 10 a.m. on Monday next, when the Committee of Council will meet at my office, and expect it from you. Sir John Cooke, Judge Advocate, is ordered to attend at the same time and occasion.
P. ¾. Ibid, p. 137.
18 Oct.
Whitehall.
Hedges to the Commissioners of Prizes.
Queen's command:—In pursuance of her Majesty's pleasure expressed yesterday as to the arrest of the plunder that is on the fleet, transport and other vessels, your officers at the ports are to take ashore all such plunder when they have taken an account of it, and put it into her Majesty's warehouses, that the ships in which it is be not delayed from further services. Take the necessary care in this.
P. ½. S.P. Dom., Entry Book 101, p. 257.
19 Oct.
Whitehall.
Nottingham's Letters.
1. To the Officers of the Ordnance.
The muskets usually furnished out of the Tower are deemed too heavy for service in the West Indies, and those used by the "bucquaniers" thought more serviceable. Give orders at once for as many of these as can be ready in ten or twelve days and let me know how many can be ready in that time.
P. ½. S.P. Dom., Entry Book, 104, p. 138.
2. To the Lord Treasurer.
The Queen has appointed Mr. Hezekiah Marshall to be Commissary General of the musters, provisions and victuals to the forces sent out under the command of the Earl of Peterborough to the West Indies, and gives him a salary of 400l. a year for himself and one clerk, and one half of this to be advanced to him. Give directions accordingly.
P. ½. Ibid.
19 Oct.
Prize Office.
The Commissioners of Prizes to Hedges.
Shall we send our directions to our agents (for securing the plunder in the Queen's warehouses) by express, or may they wait for the post to-morrow ?
P. ½. Signed as their last letter (above, p. 271). Endd. S.P. Dom., Naval 117, 49.
19 Oct.
Whitehall.
Hedges to the Prince's Council.
By command:— Encloses copy of a paper sent in by the Levant merchants asking for a convoy for eight of their ships, which they design to send at once to Turkey. His Royal Highness to consider it.
P. ¼. S.P. Dom., Entry Book 204, p. 355.
20 Oct.
Whitehall.
Same to Same.
Similar to same to same of 13 October [above, pp. 268–9]; for release of two Swedes. [Details.]
P. ½. Ibid, p. 349.
20 Oct. Sir Edward Northey (Attorney General) to [Nottingham].
In regard to the matters you proposed to me yesterday:—I find by the Petition of Right (3 Car. I) it is complained that several Commissions had issued under the Great Seal by which certain persons had been assigned Commissioners with powers to proceed within the land according to the justice of martial law against soldiers who should commit murder, robbery, felony, mutiny or other outrage or misdemeanour, and to try and execute them according to that law. The Commissions complained of were issued in time of peace, when martial law ought not to have been executed, but the petition admits that that law may be exercised in an army in time of war. Nevertheless, in all the Annual Acts passed during the late war for punishing officers or soldiers who should mutiny or desert, there is a declaration of Parliament saving to all men the right to be tried by their peers according to the known and established laws of the realm. This, being declared in time of war, seems to mean that even in time of war martial law cannot be exercised without an Act of Parliament. It remains to be considered:
(1) Whether these declarations of the Parliament against martial law extend to the Queen's forces out of the realm so that they cannot be subject to martial law there.
(2) Whether they apply to those forces so as to prevent persons from being tried by martial law here for offences committed out of the realm.
(3) Whether by virtue of the Annual Mutiny Act, martial law may be used to try other offences in the army than those (mutiny, sedition and desertion) specially mentioned in it.
I ask these questions because offences committed beyond seas cannot be tried by a jury here, nor can offences which are not offences against the common law, but against martial law. If these cannot be tried by Courts-Martial, they must go' unpunished.
This matter is of such consideration that I do most humbly propose that these questions, with such others as your lordship thinks fit, be laid before all the Queen's "Councell" in the law or a Committee of the "Privy Councell" at which both the Chief Justices may be consulted. Their opinion will be of more use and authority than that of "councell" can be.
I give you this trouble lest the Queen's service should be prejudiced by my sudden and single opinion on the questions proposed to me.
Pp. 2. (Hol.) Endd. S.P. Dom., Anne 1, 81.
20 Oct.
Whitehall.
Nottingham's Letters.
1. To the Prince's Council.
The Earl of Peterborough has suggested that the twenty-two brass guns—24 pounders—and sixteen sakers taken on board the Neptune or Trident, and now in the Tower, might be of use for the Boyne in the West Indies. The Queen approves this. Receive his Royal Highness's directions for orders to the officers of the Ordnance to put these guns on board suitable ships.
The Queen is willing that the Fubbs yacht should be ordered with the Earl to Jamaica if you have no objection to it. Take directions from his Royal Highness to sheathe her, or any other yacht which you send instead.
Pp. 11/6. S.P. Dom., Entry Book 104, pp. 139, 140.
2. To the Attorney General.
The Queen desires you to prepare a warrant with the heads of a charter for refounding the Hospital of the Savoy, with the clauses and powers mentioned in the accompanying report. Insert in the clause a reserving power to the Queen to permit the inhabitants of St. Mary de Strand parish to use the Savoy Chapel as formerly.
P. ½. Ibid, p. 140. Enclosing:—
Report to the Queen on the re-foundation of the Hospital of the Savoy.
l. s. d.
The certain rents payable to the Savoy Hospital before it was dissolved were 444 13 7
The fines on renewing leases were at least 100 0 0
The burial fees for burials in the chapel were about 15 0 0
I think the hospital may be refounded to consist of a Master, a Chaplain and twenty poor widows, to be called "the Master, Chaplain and Poor of the Hospital of King Henry VIIth in the Savoy, founded by Queen Anne," &c., with the clauses and powers usual in such cases.
The said master, &c., to be subject to such laws and ordinances as your Majesty thinks fit for the government of the hospital and its members.
The master and chaplain to be in Holy Orders, and to be constituted by your Majesty and your successors under the Great Seal on any avoidance.
The poor to be nominated by your Majesty and your successors under your sign manual on any vacancy. If your Majesty do not fill a vacancy within [blank] months, then the master to appoint to it.
The master, chaplain and poor to hold for life subject to the orders and to removal for misdemeanour or breach of the ordinances.
The poor to be removed by the master and chaplain and the master and chaplain by the Visitor.
The number of poor to be twenty, unless the Visitor decides that the revenue will support more.
The master to have 100l. a year and lodging and the chaplain 50l. a year and lodging. The poor to have 6d. a day and 40s. a year to buy a "gown of black cloth." Each of the poor to have a lodging. The rest of the revenue to be spent in officers' salaries and repairs, &c.
Repeats rule as to ordinances. Proceeds:—
That for the support of the Hospital your Majesty may be pleased to grant the said master, chaplain and poor and their successors for ever all the late site of the dissolved hospital and all its houses and buildings and lands, manors and revenues.
The inhabitants of the parish of "St. Mary le Strand " have no parish church and have long used the Savoy Chapel as such and found a preacher there at their own expense and have petitioned to be allowed to continue to use it. I think this may be granted. The chapel is large enough for the needs of the inhabitants of that parish and of the Savoy precinct and for the said poor. Provision may be made by ordinance for the said parish touching the chapel.
Fitting lodgings should be provided for the master, chaplain and poor; but this is difficult because the room where the poor were formerly lodged is now used by your Majesty for a barrack for soldiers, and has been so for near 30 years. Another part is used as a prison for deserters and prisoners of war, and the greatest part of the grounds within the hospital is let on long leases by the late master and chaplains, only the master's house being unlet and in your Majesty's disposal, as are the barracks and prison buildings. If the use as barrack and prison is to continue, accommodation must be found for the poor. Sir Christopher Wren, Surveyor of your Majesty's Works, tells me that the barrack and prison are much out of repair and that it will need 1,500l, to repair them, and much more to equip them as a lodging for the poor. The rents due are not nearly sufficient for this purpose.
Pp. 4¼. S.P. Dom., Entry Book 104, pp. 141–5.
3. To the Lord Treasurer.
The plunder taken at Port St. Mary's, if marked and inventoried by Sir George Rooke, but not otherwise, may be taken ashore and stored in her Majesty's storehouses. Pray give orders accordingly.
P. ½. Ibid, pp.145, 146.
21 Oct.
Admiralty Office.
Report by Prince George OF Denmark (as Lord High Admiral) on the Petition of Mathew Aylmer.
As ordered on July 11 last I have considered the petition; and report that the petitioner laid down his commission as flag officer on her Majesty's constituting Mr. Churchill Admiral of the Blue, and that he was afterwards removed from his post as Commissioner of the Navy by her Majesty. I do not find that Admiral Killigrew and Sir Ralph Delavall refused to serve in their respective stations, as alleged in the petition; but, being left out of the Commission of the Admiralty and not employed at sea after 1693, King William gave them the pensions they now enjoy in consideration of their good services at sea.
P. ¾. Signed, George, and countersigned by Burchett. S.P. Dom., Naval 6, 134.
21 Oct. Hedges to the Prince's Council.
Similar to same to same of 13 Oct. (q.v. above, pp. 268–9); for release of four Swedes. [Details.]
P. ¼. S.P. Dom., Entry Book 204, p. 349.
21 Oct.
Admiralty Office.
The Prince's Council to Nottingham.
Yours of yesterday. His Royal Highness has given order for the Solsdyke yacht to be fitted out to attend Lord Peterborough to his post as Governor of Jamaica. The Fubbs mentioned in your letter, is with Sir George Rooke.
The guns which his lordship desires carried to the Boyne are not fit for sea, and the Boyne is already gunned according to the Order in Council, and, without a fresh order, cannot be altered; nor do we know how these guns could be carried to the Boyne in the West Indies or how the guns on board of her could be brought thence; but if the Queen thinks it right that his lordship should have these guns her pleasure must be signified directly to the Master-General of the Ordnance.
P. ¾. Signed by Mitchell, Churchill and Hill. Endd. S.P. Dom., Naval 6, 135.
22 Oct.
Whitehall.
Nottingham to the Council of Trade and Plantation.
The Queen has heard great complaints against Mr. Atwood, late Chief Justice, and Mr. Weaver, late solicitor of the Colony of New York. Send particulars of the charges and evidence against them, that the right proceedings may be taken. They have come from New York to Plymouth.
P. ¼. S.P. Dom., Entry Book 104, p. 149.
23 Oct.
Admiralty Office.
The Prince's Council to Nottingham.
We have yours of the 19th with the petition of the Company trading to the Levant, asking for a convoy of four good ships to escort the fleet which they are about to send to Turkey. One of the merchants was with us this morning on the matter; but it is impossible that the number of vessels desired can be got together in twenty days, as the Company desire, as they are now employed in other services and are out of the reach of his Royal Highness's orders—either with Sir C. Shovell, in the squadron sent to look after the Dunkerque ships, as convoy for the Earl of Marlborough, or at Newfoundland, or needed to protect the ships bound to Portugal.
We have acquainted the merchants that, if they will let their trade stay, a convoy will be provided for it as soon as possible in case it be the Queen's pleasure that so many ships be employed in this service.
Pp. 1¼. Signed by Mitchell, Churchill and Hill. Endd. S.P. Dom., Naval 6, 136.
24 Oct. John Thomson to Charles Eyres.
Pray send down a subpoena returnable in time that we may file a bill this term. that the defendants may answer by next term. William Tuckey [?], plaintiff [?], against John Smith, Elizabeth, his wife, and Mary Smith. Pray send it next post.
Four lines. Signed. Add. to Charles Eyres at his seat in the Exchequer Office; Inner Temple. Endd. S.P. Dom., Anne1, 82.
24 Oct.
Whitehall.
Hedges to Hugh Tonkin, Esq., or other the High Sheriff of Cornwall.
Queen's command:— Not to execute sentence on Francis Foxworthy, who was condemned for the murder of Edward Gribley [sic] at the Summer Assizes at Launceston. A warrant for his pardon has been signed, but will take some time to go through the necessary offices.
P. ⅓. S.P. Dom., Entry Book 101, pp. 250–1.
25 Oct. [Vice-Admiral (fn. 4) ] Aylmer to [Nottingham].
I send the enclosed to correct an error which, as his Royal Highness's secretary tells me, has got into the report on my petition. Pray lay it before the Queen when my report is read.
P. 2/3. (Hol). Endd. S.P. Dom., Naval 117, 50. Enclosing:—
a. In answer to a report on Mr. Aylmer's petition.
He did not lay down upon Mr. Churchill's being made Admiral of the Blue, as is alleged in the report. Mr. Churchill became Vice-Admiral of the Red, which post (and many others) Mr. Aylmer had previously held (as he presumes, without blame). He cannot be said to have declined the service from which he was displaced.
The Queen removed him from being a Commissioner of the Navy. Hopes she will consider his long service, as alleged in his petition.
P. ¾. Ibid, 50a.
26 Oct.
Whitehall.
Nottingham's Letters.
1. To Lord Chief Justice Holt.
The Queen desires his opinion and that of the judges and her counsel on enclosed paper; which opinion is to be laid before her Majesty in Council on Friday next.
2. To Seafield.
To-morrow at 6 p.m., at the Council Chamber in the Cockpit, is appointed for the meeting of the Commissioners of both Kingdoms for the Union. Pray give notice to the Scottish Commissioners accordingly.
3. To the Commissioners of Sick and Wounded.
To send an account of how many prisoners of war are now in England and where they are confined.
4. To Dr. Brampston.
Queen's command to prosecute in the Court of Admiralty the Mary of Ross (James Allen master), lately from Nantes and driven into Falmouth by contrary winds.
5. To the Lord Treasurer.
Queen's command:— 200l. to Mr. Edmond Hawley, who is going abroad on the Queen's special service.
Five short letters. In all pp. 1½. S.P. Dom., Entry Book 104, pp. 147–8.
26 Oct.
St. James'.
The Queen to the Chancellor and Privy Council of Scotland.
Postponing the meeting of the Scottish Parliament from 12 November next to 6 April, 1703. This is done for many reasons, "particularly that the setting on foot and carrying on the Treaty of Union towards a happy conclusion to be reported to our next Parliament will need a longer time."
P. 1. S.P. Scotland, Warrant Book 18, pp. 235–6.
Same. Same to the Scottish Commissioners for the Union with England.
Postponing the date of their meeting with the Commissioners for England at Westminster from 27 October to 10 November next.
P. 2/3. Ibid, pp. 236, 237, and S.P. Scotland, Series II, Vol. 2, p. 6.
27 Oct.
St. James'.
Same to the English Commissioners for the Union.
Adjourning their sittings to November 10 next at Westminster.
Also note of the Commissioners' meeting on this day.
Pp. 2¼. S.P. Scotland, Series II, Vol. 2, pp. 4–6.
27 Oct.
General Post Office.
The Postmasters General to the Lord High Treasurer.
The postrenters of Scotland have from time to time run considerably in arrears to this office, and we have, to recover the money, sued on the bonds from both principals and securities, but meet with such delays in the prosecution that we fear the money may be lost unless the Queen gives special directions to her officers in Scotland to assist. Sir David Dalrymple and one of the Scottish Judges are now in London, so we think this a good time to move in the matter. The late King directed that we and Mr. Hill should meet the Secretaries of State of Scotland and endeavour to adjust these matters. We accordingly did meet and came to some arguments [sic] thereupon, and were in hopes some part of the money would long ere this have been paid; but as delays still take place, we think it right to let your lordship know of them.
Pp. 11/8. Signed by R. Cotton and Tho. Frankland. Endd. S.P. Dom., Anne 1, 83.
27 Oct.
Admiralty Office.
Josiah Burchett to Nottingham.
Acting on instructions received from the Prince's Council yesterday, I have prepared a draft of instructions to Vice-Admiral Benbow on account of the Earl of Peterborough's going Governor to Jamaica. They were read to the Prince's Council this morning, and you will receive a copy herewith [missing].
P. ½. (Hol.) Endd. S.P. Dom., Naval 6, 137.
27 Oct.
Sick and Wounded Office.
The Commissioners of Sick and Wounded to Same.
Send enclosed account, according to order.
Five lines. Signed by H. Lee, P. Herbert, R. Adams and W. Sherard.
Endd. S.P. Dom., Naval 117, 51. Enclosing:—
Account of the prisoners of war now in England &c.
At various places in England [details], 1,844. In Guernsey, 73. At Kinsale, 82. There are also some in Jersey, but the agent there was taken by the French whilst coming hither; so there is no account of them.
P. ½. Dated, Sick and Wounded Office, 27 Oct., Ibid, 51a.
27 Oct.
Whitehall.
Hedges to M. Vrybergen. (fn. 5)
I have received your letters regarding the paper laden on the vessel of Robert Maitre [or of which Robert —— is master ?], which has been condemned in the Court of Admiralty. There is at present no remedy but to appeal from the sentence to the Lords Commissioners of Prize Appeals. I have prevented the sale of the paper, which is all I can do for you. As to the request of the Sieur David de Neufville and other subjects of the StatesGeneral concerning the cargo of brandy on the Trais [Trois?] Amis; which has been insured by them, I have laid it before her Majesty, who, in your favour, has granted [disclaimed] her share of the 45 barrels [pieces] of brandy which have been condemned by the Court of Admiralty.
P. ½, in French. S.P. Dom., Entry Book 101, p. 258.
28 Oct.
Whitehall.
Same to the Prince's Council.
Similar to same to same of 13 October, 1702 [above, pp. 268–9]; for release of two Swedes. [Details.]
P. ¼. S.P. Dom., Entry Book 204, p. 350.
29 Oct.
Penzance.
Depositions by William Lanyon and others.
We, William Lanyon, jun., of Penzance, Edward Jones, of same, and William Paule, of Newlyn, say on oath:—
One Solomon Le Griel, a Frenchman, lived here over three years recently. He has said often that war would soon be and that he would do his best to ruin Penzance and the other towns bordering on the sea coast and the said port of Penzance (being in the Mount's Bay). We also say that Le Griel, being like to be questioned for these statements, got privately away, and set forth a privateer from Deip [Dieppe] to effect this design; but about ten days since was taken near Mount's Bay by a Dutch privateer, commanded by one Captain Garret, and carried into Falmouth, where he is now prisoner of war to the said captain. He has, we are told, there confessed that his design was to burn and plunder Penzance and the other towns in Mount's Bay; and gives out that he shall soon have his liberty from the Dutch, and is well assured of another ship with which he will carry out his design of burning and plundering the said towns as aforesaid. We fear he will do so if liberated during this war.
P. 2/3. Signed by Lanyon, Jones (with his mark) and Pawle, and underwritten:—
We, the undersigned, know most of this deposition to be true and believe the rest to be true, the deponents being men of good reputation. We hope Le Griel will be kept prisoner during the rest of the war. Signed by Dan Hawke [or Hawkey], Mayor, and John Pellow, justice, and with seal of the town of Penzance bearing John Baptist's head on a charger. (fn. 6) End.S.P. Dom., Anne 1, 84.
30 Oct.
Whitehall.
Hedges to the Postmasters General.
Queen's pleasure:—Order a special boat to be hired to take over to-night's mail, no packet-boat being on this side.
Three lines. S.P. Dom., Entry Book 101, p. 251.
30 Oct.
Sick and Wounded Office.
The Commissioners of Sick and Wounded to the Secretaries of the Admiralty.
We have considered the copy of a cartel between France and the States General for exchange of prisoners taken at land during the late war, and your information and that of Count de Mornay regarding the payments made by the Queen and by the French King to officers and seamen serving in their fleets. We tried to frame a scheme for a cartel according to these scales of wages, but the differences between them makes this difficult. The general principle in regard to ransom appears to be to ask about one month's pay; but we have suggested rates somewhat higher than this. [Details.] We have fixed the ransom for men in privateers as if they were in first-rate ships. This, if agreed to, would be advantageous, first, because it would discourage [French] privateers, and, secondly, because we have captured many of those vessels. We send a copy of the account received from Count de Mornay, compared with her Majesty's scale of payments to officers and men on the fleet. Pray let us know when we are to wait on his Royal Highness with our scheme.
Pp. 1½. Copy, and signed (copies) by all the Commissioners. Endd. S.P. Dom., Naval 117, 52. Enclosing:—
a. Some heads for a cartel for exchange of prisoners taken at sea.
Between England and France:—
1. All prisoners taken by England (except those at Kinsale or in the Channel Islands) shall be collected at Plymouth, Southampton or Dover, and thence brought by English ships under control of the Commissioners, at the cost of France, to certain ports in France, vizt., Calais, Rochfort and St. Malo or to some other port in the Bay. To these ports all the English taken at sea by the French shall be brought from all parts of that Kingdom. They must be brought by sea, or by easy journeys by land, and not chained together. Coaches or messengers shall be provided by the French King for commissioned officers and volunteers by letter, for all seamen who are sick or lame, and for all those others who may be ready to pay for them at the rate which the French King pays. The English ships going to St. Malo to pick up any French prisoners which may be at Jersey or Guernsey. Prisoners in Ireland to be sent by the Commissioners there as often as opportunity offers.
2. As soon as the English ships arrive at the French ports mentioned they shall be sent back with all the English prisoners which are there. The intendants at the said ports shall give receipts for all the French prisoners which they receive, and receive the like for the English whom they give. Both shall express their names and qualities, with a view to a final adjustment of the account. Each Government shall allow to its prisoners such allowance for subsistance as the other requires. Accounts of such allowances to be kept and cleared in French money. [Details.]
To avoid disputes the following shall be deemed to be the fixed scale of ransoms:—
An Admiral of the squadron of the French fleet shall be exchanged for the like officer in the English fleet, or shall pay 8,000 livres.
A Vice-Admiral shall be exchanged for the like officer in the English fleet, or shall pay 4,000 livres.
A Lieutenant–General or Intendant-General shall be exchanged for a Rear-Admiral of the English fleet, or pay 2,400 livres.
The list continues in a descending scale, ending with common seamen, who may be exchanged for each other or16 livres; and boys for each other or 8 livres. All privateersmen to be rated as men of ships of 40 guns or upwards in the fleet.
Other rates are laid down for masters and men of merchant ships.
Pp. 3½. Copy. Endd. S.P. Dom., Naval 117, 52a.
31 Oct.
Whitehall.
Hedges' Letters.
1. To the Lord Mayor of London.
The Queen has received news from the Duke of Ormond and Sir George Rooke that the fleet and land forces have seized and burnt the French men–of–war and Spanish galleons at Vigo. I am to tell you of this that you may give the necessary directions for rejoicings to be made in the City.
P. ¼. S.P. Dom., Entry Book 101, p. 251.
2. To Lieutenant–General Churchill.
Similar to foregoing. The cannon at the Tower to be fired.
P. ¼. Ibid, p. 252.
Same. Nottingham to the Lord Treasurer.
The Queen is willing to give ten trees to the vicar and churchwardens of Mansfield, Notts, for repair of their school. You are, please, to give orders accordingly.
Also note of the petition of the vicar, &c., asking for the trees.
In all p. ⅓. S.P. Dom., Entry Book 104, p. 149.
Oct. Note for the Divident for October. (fn. 7)
Mentions, inter alia, the grants or commissions to Mr. D' Hervertworth, the Duke of Somerset, Greenwich Hospital, the Earl of Peterborough and Duke of Bolton.
The figures in the left column make up to 8l. 6s. 8d.; and those in the right 31l. 0s. 0d.
P. 2/3. Endd. S.P. Dom., Anne 1, 85.
About Oct. Petition to the Queen of Captain William Wanless, shewing that:—
Petitioner, on his journey from Ireland to Jamaica, was captured and taken prisoner to France and remained there nine months. Before his departure he had, in order to equip himself for the Queen's service, to contract many debts. By means of his many great losses he is unable to pay these, and may get into trouble on account of them.
Prays for some "restoration" for his losses.
P. ½. Endd. Ibid, 86. Annexing:—
Account of petitioner's losses.
Losses in clothes, cure of hand (10l. 15s.), paid for wounded men, going to Ireland, sickness there and returning (40l.) and pay ordered from 8 Oct., 1702. (fn. 8) —total, 257l.
Petitioner also lost two hogsheads of brandy, which he bought on an adventure. These were taken from him by the French. He has received 80l. in Ireland; so is now 177l. 0s. 0d. a loser.
P. ¾. Ibid, 86a.

Footnotes

  • 1. Burchett calls it a copy: but the enclosure is not a complete letter and is endorsed "Extract."
  • 2. Also spelt "Horberry."
  • 3. These letters regarding exchange of prisoners are hereinafter shortly cal—endared as "for exchange of A.B. for C.D."
  • 4. He had lately been so; see the enclosure.
  • 5. Envoy Extraordinary of the States General at the English Court.
  • 6. As to the Volksetymologie which encircles the crest, see Gilbert's History of Cornwall, Vol. IV, p. 316.
  • 7. See above, pp. 15, 16.
  • 8. This is the only date in the document.