Anne: January 1703 | British History Online

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

'Anne: January 1703', in Calendar of State Papers Domestic: Anne, 1702-3, (London, 1916) pp. 528-566. British History Online https://www.british-history.ac.uk/cal-state-papers/domestic/anne/1702-3/pp528-566 [accessed 19 April 2024]

January 1703



Latest date, 1703, 1 Jan.	Notes of Instructions to Sir Cloudesley Shovell.
	Instructions of May 4 (1702).
	1. To go to the coast over against Pequais, make signals, furnish arms &c.
	2. To destroy salt works at Pequais.
	3 and 4. To proceed to Palermo and Messina.
	5. To Naples, signals, assist.
	6. If any Imperial troops [are] in that Kingdom to co-operate with marines, supply guns, mortars &c.
	7. To send to Leghorn per [?] one from Prince Eugene, with whom to correspond.
	Further instructions [of same date].
	1. To renew peace with Algiers, Tunis and Tripoli.
	2. To persuade them to break with France and in that [?] case to give presents as he thinks proper.
	3. To assist Dutch to make peace with them in case of their [?] rupture with France.
	4. Before his return to send two or more ships to Leghorn to take all ships of the enemy [?] (fn. 1) going in or coming out in breach of [?] (fn. 1) neutrality, the Grand Duke not having observed it nor done right to subjects, as Blackwell will tell him, and also [?] to require the displacing of the Governor.
	5. To require immediate satisfaction to Plowman if n (fn. 1) [not] done already.
	6. To require a declaration from the Grand Duke that [?] no seamen sent detained be suffered to embark again as they please. If satisfaction is refused, to exact it with damages.
	7. If detach [i.e. If Sir C. Shovell detaches] ships to the Adriatic, to destroy all French ships, even in Ven[etian ?] ports. To require of the Senate release of all [British] subjects and, if refused, to take their subjects by reprisals.
	8. To require satisfaction for ship at Malamocco [?] or [make] reprisals.
	Further notes follow as to later instructions to Sir C. Shovell, letters written to him in May and August, instructions sent him on September 3 and September 9, and a note of a letter to Aglionby of Jan. 1, 170²/3, about sending to Cevennes.
	Pp. 2½. (small). Endd. S.P. Dom., Naval 118, 1.
1 Jan. Whitehall.	Hedges to the Commissioners of Trade and Plantations.
	I send enclosed project from M. Rozencrants, the Danish envoy. You are to consider it and suggest any other points we should raise for the advantage of trade in arranging the new treaty with that Crown. Look into the Treaty of 1701 and see if the Dutch have [under it] any advantages which we should insist on having. Complaints have come from the English factors in Norway that on their removal from thence, either to come hither or to go elsewhere, they are obliged to show their books and to pay "the 6 and 10 part" of what they are worth, as if they were natives of that country. Consider a remedy for this. Despatch.
	P. ²/3. S.P. Dom., Entry Book 101, p. 272.
1 Jan.	Nottingham to the Commissioners of Sick and Wounded.
	The Spanish admiral was discharged by her Majesty's command. Three lines. S.P. Dom., Entry Book 104, p. 187.
2 Jan. Admiralty Office.	Josiah Burchett to Richard Warre.
	Please request Lord Secretary Nottingham to inform his Royal Highness of the Queen's pleasure as to the ships proposed for the East India Company's service, which is pressing; and say that the Royal Oak, Eagle, Sterling Castle and Lenox will probably be ready to proceed with the trade to Portugal by the latter end of next week. The other four cannot be so soon completed, but will be hurried on as fast as possible.
	P. ¾. (Hol.) Add. Endd. S.P. Dom., Naval 7, 1.
3 Jan. Cork.	Submission to Arbitration.
	Made between Ozea Perdriau [or Perdrau ?] of Cork and John Neille, Proctor General and special on behalf of Messrs. Moses [?], and Gibert of Bordeaux. States that having disputes between them on certain points in their accounts which could not be settled without long suits, they agree to submit them to two gentlemen of Cork, one chosen by each party, to whom they give full power to determine them, agreeing to abide by their decision as legally binding. They agree to put in bonds of 100l. conditioned for their submissions to the arbitrators' decision. They give power to the arbitrators, in case they cannot agree on any point, to appoint a third arbitrator to decide it. They have agreed to appoint Michel Halman, merchant, and [blank], gentleman, of Cork, and will submit to their decision.
	Pp. 1½, in French. Copy. Not signed or sealed. Badly written. Endd. S.P. Dom., Anne 2, 26.
4 Jan. Whitehall.	Hedges to M. Rozencrants.
	Sends the Queen's reply (fn. 2) to his memorial, which was submitted to her Majesty.
	P. ¼. French. S.P. Dom., Entry Book 101, p. 272.
Same.	Nottingham's Letters.
	1. To Captain Gibson.
	The Queen hears that it is necessary to put the men who have come from the Downs to Spithead on shore, in order to get them fit to perform the voyage. She has directed Captain Atkinson to do it. Take steps to prevent desertions.
	P. ½. S.P. Dom., Entry Book 104, p. 188.
	2. To Captain Atkinson.
	Gives him directions as mentioned in foregoing. The men to be got fit as soon as possible for their journey to the West Indies, for the Dutch fleet is ready and waits only for a wind.
	P. ²/3. Ibid, pp. 188–9.
	3. To Colonel Columbine (fn. 3).
	Mentions substance of last but one. Directs him to send to-night directions to his officers for preventing the desertions referred to therein.
	P. ½. Ibid, 189.
	4. To the Lord Treasurer.
	300l. is necessary for medicines for the force going to the West Indies. The Earl of Peterborough has advanced 100l., but the medicines cannot be had without ready money. Pray consider how it may be provided.
	P. ½. Ibid, p. 190.
5 Jan. Admiralty Office.	The Prince's Council to Nottingham.
	As four 70 gun ships will be probably ready for sea by the latter end of this week, we think the trade for Portugal may proceed with them with greater safety than they would do if they waited for a larger convoy.
	P. ¼. Signed by Rooke, Mitchell, Churchill and Hill. Endd. S.P. Dom., Naval 7. 2.
5 Jan. Southampton.	Certificate by Ant [only], Cougote, Rector of Milbrook and Minister of the French Church.
	I certify that on 3 December last, which was the Thanksgiving Day appointed by her Majesty, several French prisoners came to the French Church during divine service and behaved very scandalously, especially one Cilly. Many complaints were made to me. Susan Ligaudon, in whose house Cilly lodged, reported that Cilly and others had determined beforehand to come and affront the congregation and laugh heartily. Details.
	P. ½. Signed. Endd. S.P. Dom., Naval 118, 2.
5 Jan.	H. Marshall to Nottingham.
	The Earl of Peterborough asked me yesterday what assistants I had to help me to execute my office as Commissary of the Provisions; and when I told him that I had only one clerk, said that I could not do my duty without more help, for that I must be always, day and night, busy in getting provisions from on board ships or otherwise, and my clerks must also be constantly busy in the store houses, dealing with applications &c. [details]. I beg for more assistance. I ask, too, for a boat well fitted for six or eight oars, and for oarsmen. The boat can be supplied from Portsmouth dockyard, and men lent from the fleet.
	P. ¾. Signed. Add. Endd. S.P. Dom., Naval 118, 3.
5 Jan. Whitehall.	Nottingham to the Duke of Queensberry.
	Great want of seamen for the fleet. Queen knows that Scotland will, as formerly, provide considerable numbers and that the Council there will take best and speediest methods for raising them, if informed of her pleasure therein. Ships will be at Leith at end of February to embark them, and each of them will receive 40s.E. as the Queen's bounty.
	P. ²/3. S.P. Dom., Entry Book 104, pp. 190, 191.
Same.	Hedges to Count Wratislaw.
	Sends the Queen's answer to his memorial of 9/20 December. Details.
	P. ¹/5. French. S.P. Dom., Entry Book 101, p. 273.
7 Jan. Sick and Wounded Office.	The Commissioners of Sick and Wounded to Nottingham.
	The Marquis Gallissionniere, M. Begon, M. Coyeux and M. Camilly (French officers) are still too ill to be moved. Count de Mornay and his servants may be moved whenever you direct.
	P. ½. Signed by Adams and Sherard. Endd. S.P. Dom., Naval 118, 4.
7 Jan. Sick and Wounded Office.	The Marquis Gallissionniere. M. Begon, M. Coyeux and M. Camilly (French officers) are still too ill to be moved. Counte de Mornay and his servants may be moved whenever you direct.
	P. ½. Signed by Adamas and Sherard. Endd. S.P. Dom., Naval 118, 4.
7 Jan. Whitehall.	Nottingham's Letters.
	1. To the Commissioners of Sick and Wounded.
	Queen's command:—That some of you who are physicians yourselves visit the Marquis de la Galissoniere (fn. 4) and the other French gentlemen who are prisoners here in town and see how they are and whether they are able to travel to Oxford. Report.
	P. ¼. S.P. Dom., Entry Book 104, p. 191.
	2. To Mr. Crauford, Deputy Commissary of the Musters.
	The Earl of Peterborough having got some recruits for Sir Charles Hara's regiment, the Queen would have you muster them here before they go to Portsmouth, and on their arrival there and on their embarkation. Levy money will be allowed only to those who actually embark.
	P. ¼. Ibid, p. 192.
	3. To the Council of Trade and Plantations.
	The Queen has appointed Colonel John Seymour Governor of Maryland. Submit a draft of his commission and instructions.
	P. ¹/6. Ibid.
7 Jan. Admiralty Office.	Memorial by Prince George of Denmark to the Queen in Council.
	Regarding the court martial on Captains Kirbey [Kirkby], Cooper Wade, and Constable.
	For this see Cal. of S.P., America and West Indies, under this date.
	Pp. 2¼. Signed. Endd. S.P. Dom., Naval 7, 3.
7 Jan. Admiralty Office.	Josiah Burchett to Richard Warre.
	Please get from Lord Secretary Nottingham the Queen's approval of the draft instructions for Vice-Admiral Benbow, which were sent him (Nottingham) some time ago, and have not been returned; as the men-of-war are about to sail.
	Pray lay enclosed (from Vice-Admiral Benbow describing affairs in Jamaica) before his lordship.
	P. ¾ (small). (Hol). Endd. S.P. Dom., Naval 7, 4.
8 Jan. Admiralty Office.	Same to Same.
	Captain Owen, with the Rochester and two other frigates, has arrived at Spithead with soldiers. There being no transports ready for them their presence on the frigates causes sickness to them and the sailors. His Royal Highness's command:— To let Lord Secretary Nottingham know of this.
	P. ²/3. (Hol.) Endd. Ibid, 5.
8 Jan. Whitehall.	Hedges to the Commissioners of Prizes.
	I have yours of the 4th with a copy of an information concerning goods to a large value plundered at Port St. Mary's by Count Steinwer, Gentleman of the Horse to the Prince of Hesse. You are to proceed according to law, and, if you want advice, to take the opinion of the Queen's advocates and "Councill" [counsel] thereon.
	P. ¼. S.P. Dom., Entry Book 101, p. 270.
Same.	Nottingham to the Lord Lieutenant of Ireland.
	Lord Carlingford has sent his nephew, Mr. Throgmorton, to Ireland to attend to his affairs, and has directed him to buy some horses for the Bishop of Osnaburg. The Queen has been acquinted with the matter and has allowed it. I am to let you know that you may see that Mr. Throgmorton is not obstructed.
	P. ¼. S.P. Ireland, Entry Book 3, p. 37.
9 Jan. Admiralty Office.	Memorial by Prince George of Denmark to the Queen in Council.
	Soldiers should not be transported on H.M.'s frigates, as it is bad for the health of the seamen. The Commissioners for transportation should, as in the last war, take care of that affair; and the men-of-war be used only as convoys.
	P. ¾. Signed by H.R.H. Countersigned by Burchett. Endd. Read 14 Jan. and referred to Lord Secretary Nottingham to put H.M. in mind of. S.P. Dom., Naval 7, 6.
9 Jan.	Daniel De Foe to Nottingham. (fn. 5)
	Apologises for his concealment and prays for the Queen's mercy. Is ready to serve as a volunteer to any colonel of horse in the Queen's Army in the Netherlands whom her Majesty shall nominate, or to raise a troop of horse at his own charge and serve at their head as long as he lives. Is ready with hand, pen or head to show his gratitude if he is pardoned.
	Pp. 2. (Hol.) with seal. S.P. Dom., Anne 2, 27.
9 Jan.	Count de Mornay to Nottingham.
	I send M. de Pontchartrain's letters, which will, I think, shew that I have authority to treat about the cartel. Had you asked me this question sooner I should have asked for a more ample power, but I think this letter should suffice, because the ancient treaties of exchange were made no otherwise.
	The Commissioners have told me to be ready to leave for Oxford on Monday. I shall always be ready to obey their directions, although I am still very ill. If I have wished to stay here it is only to finish the affair of the cartel, which you allowed me to commence.
	P. 1. (Hol.) French. Endd. S.P. Dom., Naval 118, 5.
9 Jan. Oxford.	M. de Sorel to the Duke of [Ormond ?]. (fn. 6)
	Milor duc,
	Thank you for all your kindness. The Vice-Chancellor and others here are very kind to us every day. If a prison could ever be beautiful, this is so; but it never is so. We know we must be patient, as we hear the cartel is almost broken off. We have wine only for five or six days, and after that shall be reduced to beer and water, which is bad for M. D'Aligre. The wine at the inns is bad. I desire leave of the Queen to go to London for two days to order good wine. All our fellow countrymen send their respects. Pray send me back soon to my wife. Details.
	Pp. 3. (Hol.) French. Endd. Ibid, 6.
[10 Jan.]	The Committee [for Plundered Goods] to the Queen.
	In obedience to your Majesty's Order in Council of 6 December, we have been aboard the Oriana and Susanna transports, laden with goods taken from the sunk galleons at Vigo. We found the hatches all sealed down and the seals did not appear to us to have been altered. We have given orders for unlading these ships and the galleons as soon as the warehouses are able to receive the goods.
	P. ½. Signed by Granville, Boyle and Rooke. Endd. "Committee Council" and with date. Ibid, 7.
10 Jan. Whitehall.	Nottingham to Count de Mornay.
	I return your papers, which contain rather instructions than the power necessary to treat of and sign a cartel. When you have proper authority, power will be given to Commissioners by the Queen to arrange some fresh clauses and complete the whole matter of the exchange of prisoners. When you get your power you will be permitted to return to London. If you wish to exchange man for man it will be agreed to for the relief of those poor people.
	P. ½. French. S.P. Dom., Entry Book 104, p. 193.
11 Jan. Admiralty Office.	George Clarke to Nottingham.
	His Royal Highness desires to know her Majesty's pleasure as to when the four 70 gun ships, which are now ready for service, should sail.
	P. ¹/6. (Hol.) Endd. S.P. Dom., Naval 7, 7.
11 Jan. Pescott Street.	E. Dummer to Same.
	I purpose that the last sloop of the four, the Bridgewater, shall be at Falmouth about 28 January for your orders, unless unavoidably prevented. News has reached Falmouth that the first sloop reached Barbados, but I have not heard the date of her arrival.
	P. ²/3. (Hol.) Add. Endd. S.P. Dom., Naval 118, 8.
11 Jan. Whitehall.	Hedges to [Wm.] Lowndes.
	The envoy of Tripoli to the States General, who is recommended to me by Mr. Stanhope (her Majesty's envoy at the Hague), complains of his ill circumstances and sends a list of his things, which he says are detained in the Custom House. He desires them and some relief till he goes back to Tripoli. Pray submit the case to the Lord High Treasurer for his directions.
	P. ½. S.P. Dom., Entry Book 101, p. 270.
Same.	Nottingham to the Commissioners of Sick and Wounded.
	The Queen desires, as you know, that no French prisoners should be kept at Portsmouth or near enough to it to see what passes there. You are not to burden the sea-side towns with too many of them. You must try and place them inland either where there are troops to guard them or prisons to secure them.
	You may tell Count de Mornay that I have often given orders for releasing any French ships which were here before the war, and am sure they have been carried out. Colonel Codrington may indeed have threatened severe usage to the French officers taken at St. Christopher's, being provoked to it by the escape of those who were sent to Hispaniola; but he need not fear that such threats will be carried out. Tell him that the prisoners who escaped should be returned. It is a constant rule that a guard should not be insulted when taking prisoners to any place in their own Prince's dominions.
	P. ²/3. S.P. Dom., Entry Book 104, pp. 192, 193.
Same.	Hedges to the Prince's Council.
	To take steps to release two Swedish subjects who have been pressed as sailors [details], and give them tickets for their wages.
	P. ⅓. S.P. Dom., Entry Book 204, p. 332.
12 Jan. Sick and Wounded Office.	The Commissioners for Sick and Wounded to Nottingham.
	We have already ordered the removal of all the prisoners of war at Gosport to Farnham, and ordered that all other prisoners set ashore at Gosport or Portsmouth be brought there. We have not succeeded in getting the sheriffs to admit them into the county jails, though Secretary Blathwaite assures us that wherever we find suitable places for them within 80 miles of London we shall have guards. Enclosed shew how unjustly the people of Southampton complain of the infection spread by the prisoners.
	Details. We send a letter received from our agent in Jersey.
	P. ¾. Signed by Herbert. Adams and Sherard. Endd. S.P. Dom., Naval 118, 9. Enclosing:—
	A. Mathew Jobson, surgeon for sick and wounded seamen and prisoners, to the Commissioners for Sick and Wounded.
	The prisoners here are not, as alleged, very sickly. Not one has died since they have been here. Care is taken to quarter any who fall sick, when necessary.
	It is not true that they suffer because I am too ill to take care of them. I have a cold, but only staid in two days. I have trusted servants who look to them daily, and they do not want medicine. We have not lost 40 [?] out of 300 who were mostly sick with very malignant fever. The petitioners making these allegations are malicious.
	Pp. 1½. Copy. Dated, Southampton, 9 Jan. 170 ²/3. Ibid, 9A.
	B. Edward Hammond, agent at Jersey, to Same.
	On Sunday last a boat from St. Malo landed two merchants here, whom I have in custody.
	They said when examined that they came to buy stockings and tobacco and to arrange a correspondence with these two islands and so to have a constant trade to France. The merchants here are disposed to have such a trade, and do not want the French merchants who come here to be either molested or imprisoned. Lieutenant-Governor Collier has written to Lord Secretary Nottingham about it and told me, before several officers, that but for my depositing money for maintenance of the French prisoners he would take no cognizance of my authority from you or anyone else, but only from the Queen and Council and bade me tell you so.
	Pp. 1¼. Copy. Dated, 23 Dec., 1702. Ibid, 9B.
12 Jan. Whitehall.	Hedges to M. Rozencrants.
	Yours of to-day. We cannot go further in renewing the Treaties until we know how far the King of Denmark is satisfied with the answer to your late memorial, regarding the arrears of the subsidies paid by England to Denmark. Amongst the treaties which should be renewed is that of 1696 and the article by which the King of England agreed to pay the disputed 100,000 crowns. Parliament has twice considered it, and has always refused to grant the money. For this reason it seems necessary that the King of Denmark should agree to accept 200,000 in discharge of all claims under that Treaty, or to find some other way of accommodating the difference between us; or else leave the matter out of this Treaty and put in a clause to say that it is concluded without prejudice to the question of subsidies under the Treaty of 1696. There is no deliberate delay, for the Queen is resolved not only to renew the existing treaties with Denmark, but to enter into a closer alliance with that Crown—one so close that no enemy of either party can break it.
	I shall make no delay in getting for you a reply to the memorial sent as answer to a memorial handed in (as alleged) by Mr. Stanhope at the Hague. I only wait to hear the state of the affair from him.
	Pp. 1¼. French. S.P. Dom., Entry Book 101, pp. 273, 274.
12 Jan. Whitehall.	Nottingham to the Lord Keeper.
	I understand from Sir Thomas Hanmer and Sir R. Mostyn that there is a Commission of the Peace for Flint ready to be sealed and sent down, but that it is delayed owing to alterations in the list of the justices for reasons which they have given your lordship under their hands. It will be very prejudicial if this commission cannot be sealed to-day, so as to be sent down against the next Sessions on Thursday. I join them in asking you to despatch it.
	P. ⅓. S.P. Dom., Entry Book 104, p. 194.
[13 Jan.]	The Earl of Peterborough to the Duke of Marlborough.
	Your Grace seemed to expect that I should explain my thoughts to you on this occasion rather by a letter than by an interrupted discourse in the House of Lords. If the Dutch forces arrive and pursue the voyage, I am ready to go into my coach in an hour's time. In the last conversation I had with their ministers, they pretend[ed] that their ships and soldiers were ready and that the first fair wind would bring them to Portsmouth, and that their memorial goes no further than to state that the season is far gone and that they offer other services if those at first desired cannot be effected. These easterly winds and fair weather will not leave that matter long in suspense. If this affair comes yet to depend on her Majesty's resolutions, I can only say what I said the other night, " that five weeks' time is sufficient to bring the greatest design in America to a decision that a safe port and a convenient inlet for trade with the Spaniards, whether it can be possessed in the beginning or end of a campaign, the difference in respect to the Dutch is only this, that it may now towards the latter end of the season be effected with less expense to them, and their men and ships sooner returned and exposed to less hazard; [and] that if the fleet sail by the end of the month there will be near three months fit for service. Whether any other design proposed can be of equal consequence to the public I will not pretend to determine, but I can hardly pretend anything can make amends to England for the present disappointment, the men already sent into America, and four and twenty capital ships, being made wholly ineffectual to any considerable design for want of this supplemental quota of force from the Dutch, and the English troops and ships not possible to be brought back time enough for any European service next summer." It is useless for me to go immediately without sufficient force or artillery for a sudden action. Such attempts would be of no service to the public, and we can do nothing till next season; but attempts can be made upon us by our enemies.
	Civil government in Jamaica (particularly getting the grant of the revenues for 21 years, which they must comply with or have the perpetual Act passed, as by my instructions) can be as well despatched by my Lieutenant-Governor as by me; and if there is a chance of any small military expedition, Colonel Handeside has the reputation of being one of the best infantry officers we have. Towards the end of the summer, according to the Queen's designs or the motions of her enemies, I shall be in a better position and readiness to go to the West Indies than at present, since the short time I had to prepare caused me to neglect all family and private affairs in the public interest. This I was willing to do on a great occasion, but I do not think the Queen will require it of me when there is no pressing public work to do, and when I continue prepared to serve her in those parts as soon as season and opportunity allow. Any designs against the French islands may be pursued by "Coronell" Codrington. They lie properly under his jurisdiction and station and are inconsistent with the position of Jamaica, which is more conveniently situated for designs against the Spaniards. I am sensible of the honour the Queen designed for me and hope I have been zealous in her service, "and I assure you my Lord, the Queen shall ever find a real and hearty obedience from me in what part of the world she is pleased to require my service against her enemies."
	P.S. —This settled fair wind makes me lament the present disappointment the more. The Dutch excuses are more extraordinary, since all the world knows that M. Pontis' [Pointis'] expedition was undertaken at this time. His success shewed it was not too late.
	Pp. 1¾. (Hol.) Add. Endd. with date. S.P. Dom., Naval 118, 10.
13 Jan. St. James'.	The Queen to Prince George of Denmark.
	We see no reason to shew favour to Captains Richard Kirkby and Cooper Wade, who have been condemned to be shot, or to Captain John Constable, who has been condemned to be cashiered, to be unfit for the Queen's service, and whom you say should be sent prisoner from the Indies on the first occasion.
	P. ²/3. S.P. Dom., Entry Book 170, p. 124.
[14 Jan. Southampton.]	Colonel Holt to [Hedges].
	I have taken all the best information I could regarding the complaint against Captain Henley, and am sorry that the Duke of Marlborough and the "Cabinet Council" should be troubled over so small a matter. Vindicates Henley on grounds set out in the affidavits of Rich and Sutton (see enclosures). Proceeds:—The town complains of the great oppression from the number of prisoners and of the liberty which any of them who will pay the marshal a small fee can have to walk abroad.
	Relates tenor of first enclosure and desires they may be laid before his Grace.
	P. 1. Signed. Endd. with date and "At Cab[ine]t, January 22, Lord Marlborough said he would reprimand Captain Henley." S.P. Dom., Naval 118, 11. Enclosing:—
	A. Certificate of the Mayor and others of Southampton.
	We certify that there being many French and Spanish prisoners placed here, we have been much alarmed by mutiny amongst them, but that, since Captain John Henley came here we are made much easier by his conduct and care, and hope to be preserved from all danger by his continuing care.
	P. ½. Dated, 5 January, Southampton, with signatures of Thomas Bracebridge, Mayor, William Godfrey, Sheriff, William Bulkley, Ch. Smith, John Thornburgh, William Cropp, Thomas Cornelius and Jonathan Ingles, justices, and of Adam de Cardonnel, Robert Culliford, James Merick, Edmund Modey, and thirty-two other citizens of Southampton. Endd. Ibid 11A.
	B. Affidavit of William Rich, corporal of Captain John Henley's company.
	Sworn, he says:—
	On 4 December last he was corporal of the guard where the French and Spanish prisoners are kept in Southampton. Captain Henley came at 8 a.m. on that day to look at the prisoners, as he frequently did, through a large hole. Some one or more of the prisoners spat in his face, which made him angry. He called on one Sutton, deputy marshal, for the keys, and that the men who had so offended should be discovered and brought out. The prisoners refused to do this, and the Captain, in anger, struck some of them with a small sword in the scabbard without doing them any harm.
	P. ²/3. Signed, and sworn before and signed by Thomas Bracebridge, Mayor of Southampton. Dated, 11 January, 170 ²/3. Southampton. Endd. Ibid, 11B.
	c. Affidavit of Francis Sutton, Deputy Marshal of the French and Spanish prisoners.
	Corroborates foregoing.
	P. ²/3. Signed &c. as foregoing. Endd. Ibid, 11c.
14 Jan. Portsmouth.	John Powell to the Earl of Peterborough.
	This afternoon a Rear-Admiral of the Dutch, with six men-ofwar and twenty-eight merchantmen with the forces aboard arrived at Spithead. Governor Gibson sends his respects and hopes you will lodge at his house.
	P. 1. Signed. Add. to "The Earl of Peterborough at Bow Street, Covent Garden; for her Majesty's special service, London. Express." S.P. Dom., Naval 118, 12.
	Also envelope (fn. 7) in which the above letter was sent. Endd. as follows:—
	(1) This being for her Majesty's special service, all postmasters are ordered to forward the same from stage to stage, as they will answer the contrary at their perils. Portsmouth, 14 January. J. Gibson.
	(2) Received at the Post Office at Portsmouth at 5 p.m. and sent away by me: James Wansbrough.
	(3) Received at Petersfield past 8 p.m. and forwarded forthwith per John Corps.
	(4) Received at Alton past 11 p.m. and sent away presently per Mathew Hawkins.
	(5) Received at Staines near 7 o'clock and sent away per John Beauchamp.
	P. 1. Ibid, 13.
14 Jan. Whitehall.	J. Ellis to M. Vryberge.
	The Committee of Council beg you to attend at their meeting at 9 a.m. to-morrow and to bring Admiral Allemonde with you. Their lordships desire to speak with you before the Council. The Prince's Council will be present at the same time. Pray let me have an answer for the Secretary of State, who wishes to inform the Lords of the Committee of Council.
	P. ½. In French. S.P. Dom., Entry Book 101, pp. 274, 275.
15 Jan. Whitehall.	Nottingham to the Duke of Marlborough.
	Consider enclosed draft warrant for furnishing the packetboats employed between Lisbon and Falmouth with arms and ammunition, and let the Queen know if you have any objection to the granting of what is desired. Further pleasure.
	P. ½ S.P. Dom., Entry Book 104, p. 195.
15 Jan. St. James'.	Royal Order.
	The following regulations shall be observed in St. James' Park, and the keeper and his servants, gate keepers &c. shall take care that they are duly obeyed.
	1. "No groom, coachman or other person shall ride on the grass.
	2. No coaches or carts shall go on the grass.
	3. No public passage shall be suffered through the Park with carts.
	4. No rude, disorderly people or beggars or rude boys shall be admitted into the Park.
	5. No person shall be permitted to sell anything there.
	6. No persons shall be suffered to walk on the grass, but only on the gravelled path or in the Mall, except only such as are employed in the Park about planting and pruning the trees and other work.
	7. The park-keepers and others above mentioned are to take care to keep hogs and dogs out of the park."
	P. ½. S.P. Dom., Entry Book 352, pp. 101, 102.
16 Jan.	Robert Crosfield to Nottingham.
	I regretted incurring your lordship's displeasure more than being taken into custody. I heard I was to be indicted at the Old Baily, but believed in a little time your lordship's anger would wear off. I did not in the least intend to reflect upon the present ministry, as anyone who reads the book will see; and any remarks in it which may have been so taken were only designed to reflect on the maladministration in the late reign. No such charge could be brought against the Queen's Government, which is only in its infancy. For the last seven years I have been laying open the hyprocisy of the dissenting party, and now am in such a position that I am better able to wound that party than any man that may have ten times my sense. I have tra[cked] their actions for many years past and can make all honest men, even of their own party, desert them, and so " break their heads as it were with a cushin," and will do it if I can be discharged, for I have no bail.
	P. ¾. (Hol.) Add. Endd. S.P. Dom., Anne 2, 28.
Same.	Same to Same.
	"I having been occationally the cause of a bill's being brought into the House of Commons entitled 'A Bill for the more free and impartial proceedings in Parliament &c.,' and finding the said bill would no ways answer the end for which it was intended," I thought I ought to draw up my reasons against the said bill. When it was read a second time, I drew up the following reasons and sent them to a person of honour, whom I believed to be interested in the preservation of the Church of England. The bill was to be read in the full house on the 14th, but was postponed to the 16th. Meantime I send my reasons for fear the bill should have passed the House of Commons and that your lordship may see that no unkind usage can make me forget my duty.
	I am delicate and have "an astmah" and feel the closeness of the air and nearness to the water very much. I fear I shall soon die if not set free, and pray for release.
	P. ²/3. (Hol.) Add. Ibid, 29. Enclosing:—
	A. Reasons against passing a bill entitled, A Bill for the more free and impartial proceedings in Parliament.
	The passing of this bill will actually deprive all the trading part of the nation of its birthright; for the writs which are issued for calling a Parliament direct the several cities and corporations which have the right of election to choose or elect members from among themselves, so that the trading part of the nation will be deprived at once of their birthright, few or none of them having the real estate qualification for membership required by this bill, if it pass.
	The passing of this bill will greatly disgust all the gentlemen in the country whom it makes incapable of serving their country in Parliament. All men are unwilling to be deprived of that to which they have a legal right, even though they reap no advantage thereby.
	"The passing of this bill will greatly prejudice the Church of England and strengthen the hands of the Republican party, who represent themselves to the People to be the only friends to trade &c.; so that if the Scotch Union should not take place (which is much to be doubted) it may be of dangerous consequence at this time to make so great an innovation in the Legislative Power."
	The bill, if passed, can be of no great benefit to the State, for the gentlemen of England have now in a manner as much influence as they might or could have if the bill were passed.
	P. ²/3. In same hand as the covering letter. S.P. Dom., Anne 2, 29A.
13, 14 and 16 Jan. Admiralty Office.	Three Memorials by the Princes' Council regarding the Naval Campaign in the West Indies.
	For these see Cal. of S.P., America and West Indies, at these dates.
	Pp. 1½, 2, and 2½, each signed by three or more members of the Prince's Council. Each endd. S.P. Dom., Naval 7; 8, 9 and 10.
17 Jan. Oxford.	Count de Mornay to Nottingham.
	I have yours of the 10th and instructions sent by you from M. de Pontchartrain. These authorise me to consent to all the terms of the proposals which were sent to France by the Lord High Admiral. I do not think I need ask for a fuller power, since treaties of that sort are always concluded by such writings.
	As you know it was always your idea to agree on the terms here and then send the formal Treaty to France to be signed, as was done in the last war.
	You told me that you were anxious to agree on reasonable terms. M. de Pontchartrain put forward those of the last war, to which you would not consent. The other terms sent to France by his Royal Highness were accepted by the King, as I told you six weeks ago. Nevertheless you have not let me have any positive answer about them. If you have any additions to make, they can be made when the Treaty is drawn up in form. It will be sent to Calais, where M. de la Tour Montfort has authority to sign it if the person who goes over has a like authority from England.
	If you desire that the Treaty should be signed here, I am sure that authority to sign will not be refused me if I apply for it; and, as you say you have further articles to add, I beg that they may be sent me, so that I may explain them to M. de Pontchartrain. at the same time as I ask for this authority. He will tell me the King's views on them. Otherwise any step I might take might be useless as beyond my authority. I doubt if the King will consider the question of exchange of man for man unless everything is arranged at the same time. I await your positive proposals.
	Pp. 2¼. French. Signed. Add. Endd. S.P. Dom., Naval 118, 14.
18 Jan. Dovenby.	Warrant to the Mayors, Justices, Constables &c. of Cumberland to arrest Captain Christopher Dalston.
	The warrant sets out that Dalston listed one John Cubbidge (fn. 8) of Cockermouth to serve as a soldier contrary to law, that it appeared to several justices that Cubbidge was so listed without proper authority and that Dalston was ordered by them not to trouble Cubbidge further on that occasion, but that he re-took Cubbidge contrary to law and in contempt of the said order. Proceeds:—You are therefore to arrest Dalston and bring him before me with sufficient sureties to be bound for his appearing at the next General Quarter Sessions of the Peace to answer on the matter and meantime to be of good behaviour, which, if he refuse, you are to convey him to the Common Gaol at Carlisle and deliver him there to the keeper with this precept, to be kept there till he do so or be released by due course of law. You are also to cause Cubbidge to come before us or some other justice for Cumberland to be discharged according to law.
	P. 1. Signed by R. Lamplugh. Addressed as in heading and endd. as follows:—
	Sir,
	Captain Christopher Dalston came before me this morning pursuant to your warrant. "We did not, as I remember, discharge Cubbage (fn. 8) without his consent at our request upon his former retainer by usual way of voluntary listing a man into the King or Queen's service, nothing appearing to the contrary at the time, otherwise than that he was duly listed; nor do I think the Justice of Peace has anything to do in this case. If they do [anything], I perceive the Queen would get few soldiers. If the man have a mind to be acquitted he must appear before a Court Martial. This is the judgment of your most humble servant.
	R. Musgrave."
	P. ²/3. (Hol.) In all pp. 1²/3. S.P. Dom., Anne 2, 30.
18 Jan. Whitehall.	Sign Manual Warrant to Colonel Ventris Colenbine.
	To appoint John Bennet to the first vacant captaincy in his regiment.
	P. ⅓. Sign manual, and countersigned by William Blathwayt; with note by Blathwayt, dated, 20 January, that the Queen desires this warrant to apply to any other regiment under Colenbine's command. Endd. S.P. Dom., Military 3, 9.
18 Jan. Whitehall.	Hedges to the Lord Chamberlain.
	The Queen has consented to be godmother to a son of one of the Princes of the House of Saxony. I am to inform you of this that you may give orders for the usual present of plate, which is to be handed to the Baron de Ungern Sternberg, who came hither with his master's letters to the Queen.
	P. ¼. S.P. Dom., Entry Book 101, p. 275.
Same.	Nottingham to Lord Walden.
18 Jan.	The service for which the troops going to the West Indies are designed is different from, and much shorter than, what was originally intended. Queen's command:—To depute Mr. Hezekiah Marshall to muster the troops there subject to instructions from her Majesty. Please send me a deputation to him that I may send it, with his instructions, to-night.
	P. ⅓. S.P. Dom., Entry Book 104, p. 194.
18 Jan.	Instructions by the Lord High Admiral for Captain Hovendon Walker.
	I have ordered H.M.Ss. Resolution and Blackwall to join your squadron at Barbados; or, if you have left there for the Leeward Islands, the Resolution to go on there with the transports with soldiers, naval stores and provisions, and leave the Blackwall at Barbados for duty there. If these ships join you at Barbados you are to take the Resolution under your command and leave the Blackwall for duty at that island. If the Resolution joins you at the Leeward Islands, take her and the transports with her under your command and protection.
	When joined, proceed in the service as a Council of War of the sea and land officers [details] shall determine. Proceed with the utmost care in such service until May 20; and when occasion arises, spare such men and guns as you can to assist the officer in command of the land forces in any attempt on the enemy which may be resolved on. If it be thought necessary to leave a full regiment, or part of a regiment, at Martineco, if Fort Royal shall be taken, you shall leave such ammunition and provisions as the Governor or commanding land officer shall desire and think necessary for such number of men as he shall leave there.
	Having done all you can against the enemy till May 20, repair with all your ships, transports, stores and such soldiers as the chief land officer shall appoint to Port Royal in Jamaica. Join Vice-Admiral Benbow there and place yourself under his command or that of the Commander-in-Chief of the squadron for the time being. Carry to Jamaica as many French prisoners (if any) as you can, that they may be brought to Europe.
	Pp. 2½. Draft. With note of the Prince's and Burchett's signatures. Underwritten:—
	To Captain Hov. Walker, commander-in-chief of the ships detached by Sir G. Rooke from the Cadiz fleet to the West Indies, or the officer in his place.
	Endd. S.P. Dom., Naval 67, 33.
19 Jan. Whitehall.	Hedges' Letters.
	1. To M. Vryberge.
	The Queen has consented to give the Marquis de Galissonnière (fn. 9) in exchange for two daughters of the late Sieur Ribaut, consul of the States General at Rochelle, where the ladies are shut up in a convent. It is now for you to negociate the exchange.
	P. ¼, in French. S.P. Dom., Entry Book 101, p. 275.
	2. To Count Wratislaw.
	I send the Queen's answer to your memoir of 7/18 January. To yours of 12/23 January the Queen answers that she will scrupulously observe the terms of the Grand Alliance in which the affairs of America are regulated. As the journey of Cardinal Grimani from Italy to Vienna at this season is probably on some important errand, please let me know what it is.
	P. ½, in French. Ibid, p. 278.
	3. To the Lord High Treasurer.
	I send the envoy of Tripoli's memorial. The Queen is willing to do something for him, and desires you to consider how much should be given and how.
	P. ¹/6. Ibid.
Same.	Nottingham's Letters.
	1. To the Postmasters General.
	Queen's command:—Give strict orders to the packet-boats plying to Lisbon that they take no merchandize and no passengers unless under passes from her Majesty's envoy in Portugal if they are Englishmen, or from the King of Portugal or his ministers if they are Portuguese subjects.
	P. ¼. S.P. Dom., Entry Book 104, p. 195.
	2. To the Prince's Council.
	The Queen, having read his Royal Highness's report on the case of Captain John Evans, is pleased to remit his suspension. He may be employed again as his Royal Highness thinks fit. Acquaint his Royal Highness with this.
	P. ½. Ibid, pp. 196, 197.
	3. To Mr. Methuen.
	I have yours up to December 26. You must insist that none of our men-of-war or packet-boats be visited or stopped on their voyages. However, to prevent abuses of any kind to which the King of Portugal may object, the Queen has directed the commanders of those vessels not to take any goods to or from Portugal, and not to take any persons on board except with passes either from the King of Portugal or his ministers or from yourself or some other of the Queen's ministers. If they suspect contravention of these orders by any packet-boat, you must send some servant whom you can trust to inspect it and may do right if you find a case for it, but if you find the suspicion is false, your certificate to that effect must be enough. The Queen will punish herself any commander of a man-of-war who breaks the rule, but will not permit the vessel to be searched.
	I have communicated this to the Portuguese envoy. Inform the King of it and it will surely satisfy him.
	The convoy for Lisbon will reach almost as soon as this.
	Our merchants complain of a tax, called a donation, laid upon wine at Madeira, contrary to our Treaty. Get redress for them. The Portuguese envoy here is sure they will satisfy us.
	I have nothing to add on the main negociation. It is strange that you have not yet got a plain and positive answer.
	Pp. 1½. S.P. Dom., Entry Book 209, pp. 1, 2.
	4. To Paul Methuen, jun.
	Yours to 26 December received. The Queen has ordered a ship to go and take off her subjects from Teneriffe.
	In case your father should be come away, you may open my letter to him and take it as directed to yourself.
	P. ¼. Ibid, p. 2.
	5. To the Prince's Council.
	The Queen would have the convoy for the East India ships proceed as was formerly directed without the addition of the service ships mentioned in your memorial of 14 January. Her Majesty desires you to direct a ship at once to go and bring her subjects home from the Canaries. Let me know before the captain sails.
	P. ⅓. Ibid, pp. 2, 3.
19 Jan.	Instructions by the Lord High Admiral to Vice-Admiral Benbow, Vice-Admiral of the White and Commander-inChief in the West Indies (or any acting in his place).
	1. I have ordered ten ships [names given] to join you at Jamaica as soon as they have performed what service they can against the enemy in the Leeward Islands. They will bring with them transport ships with soldiers, victuals, naval stores &c., and in all probability will arrive with you by May 20. When you receive this, get all your ships together at Port Royal in Jamaica in readiness to join the aforesaid ships from the Leeward Islands when they arrive, and take them under your command; and receive on your warships and transports (save such as by charter-party are to discharge at Jamaica) such land forces as the Commander-in-Chief of the land forces [which are to join you] shall desire.
	2. Consider what four vessels [details] had best be left behind at Jamaica as a guard, and leave them there with a proper commander-in-chief and instructions. Leave also the two fireships lately equipped by that Government.
	3. You are to appoint such three other of your ships as you think best to come home to England to act as convoy to the trade which, we hear, is there ready to come home.
	4. Leave two other ships at Jamaica to come home with any trade which is ready to come home at the beginning of August. Both convoys to report at Plymouth and, failing orders there, to come on to the Downs.
	5. Detach two of the 4th rate ships with orders to go to Virginia and join the other vessels (sent there direct as a convoy from England) in convoying home the Virginia trade. The senior officer on board the convoying vessels to take command.
	6. This being done, you are to repair as soon as you can with transports, victuallers and soldiers to Newfoundland, and consider, at a Council of land and sea officers, how the enemy may be attempted and destroyed at Placentia as well as at their other settlements there, with their fishing tackle, shipping &c. Employ your squadron to help in what may be agreed on. If you can spare them, detach some vessels to attempt the enemy's fishery on the Bank, and, after the attempt, to rejoin you at Newfoundland, where you can re-form and come back to England and Portugal.
	7. If when you come from Jamaica you think that you will be too early in Newfoundland, you are to go to Boston and take aboard thence any soldiers which the Government there can spare to help you at Newfoundland, provided that the Government there can furnish embarcations to carry such men to Newfoundland and back again. Otherwise you are not to take them with you.
	8. After the attempt at Newfoundland and the Bank and the re-assembly of your squadron, you shall detach some ships to convoy the fish ships for Portugal to that port (Lisbon) and Oporto, from which these vessels shall at once return into the Channel (with trade, if any), report at Plymouth, proceed to the Downs and send in an account of their voyage. The commander to make sure before he enters any port of Portugal that there is not a rupture with that Crown. If he finds there is, he must bring his convoys direct for England.
	9. Having done this, come home with the remainder of your squadron and such merchant ships as shall be coming over. Take care that none of your ships bring over any fish except what is wanted for the ships' company. If you have on board any regiments intended for Ireland, land them at Cork, convoying the transports thither. Bring thence any regiments which may be ordered to England and ready to embark at Cork.
	10. Do not imprest men from the privateers at Jamaica, as it may disenable them to commit spoils on the enemy, unless it is absolutely necessary to do so. If you do it, take as few as you can.
	11. If you have imprested, or otherwise obtained any men from Jamaica, put them on shore before you leave, that they may be employed in the service of the island, or at least so many as you can conveniently spare.
	12. Provide for bringing home any French prisoners who may be taken and brought to you. [See foregoing instructions to Captain H. Walker, p. 543, par. 3.]
	Pp. 7¾. With note of signature by the Lord High Admiral and countersignature by Burchett. Draft. Endd. S.P. Dom., Naval 67, 34.
19 Jan.	Instructions by the Lord High Admiral to Captain Lyell of theResolution, at Spithead.
	1. Receive Colonel Collenbine and such other officers as shall accompany him, together with their servants and equipage, allowing them victuals when aboard as to your ship's company. If you cannot accommodate them all in the ship you command, see that it is done aboard the transport ships or others in her Majesty's pay that are bound to the West Indies.
	2. As soon as they are accommodated, take the Blackwall under your command, and use your utmost diligence to get in readiness to accompany you all the transport ships with naval or ordnance stores and provisions which shall be bound to the West Indies.
	3. When the Blackwall and these vessels are ready to sail, proceed at once to Barbados and put yourself under the command of Captain H. Walker, if you find him there, or anyone else acting for him.
	4. If you find Walker has gone on to the Leeward Islands, leave the Blackwall to act as guard at Barbados and go on with the other vessels to join him there. If, at Nevis, you hear that he has gone to any of the English or French plantations, join him there with the other vessels.
	Note of clause for putting the ships' companies on short provisions.
	5. Take with you any vessels bound for Jamaica or Barbados which are ready to sail and convoy them to those places.
	Pp. 2¾. Draft. With note of signature of the Lord High Admiral and countersignature by Burchett. Endd. Ibid, 35.
[About 20 Jan.]	Sir William Hodges to Hedges.
	You lately ordered that the Spanish captain and one of his men should return to Spain to get an exchange of forty-eight English prisoners there, or a testification that there were no English prisoners in Spain, for the forty-eight Spaniards now prisoners at Southampton, and [you said that] the French King would not exchange Englishmen for Spaniards, and that the forty-eight Spaniards might be set at liberty.
	The Englishmen who have been carried into the ports of Spain by the French have been allowed to depart for Portugal in order to embark for England. Fifty of them lately went from Cadiz to Faro, and were taken aboard the Revenge (Captain Kerr). Pray move her Majesty in Council that these poor Spaniards may have their liberty; for, as Spain does not detain any English seamen, it is not likely that France will surrender Englishmen for Spaniards, there being so many Frenchmen now here; so that these poor Spaniards may be left here till the war ends unless they are allowed to go in exchange for the Englishmen daily expected on the Revenge.
	Moreover their release may be of value of me and others of her Majesty's subjects who have still great concerns in Spain.
	Pp. 1 1/2. (Hol.) Endd. S.P. Dom., Anne 2, 31. Enclosing:—
	Memorandum by Count de Mornay.
	Don Fernando Chacon has begged me that the thirty-five Spaniards here should, as well as the Frenchmen who are here, be exchanged for Englishmen who are prisoners of war in France in the cartel which may be made by France and England. I promised him to insert them in the cartel. I am sure that the Comte de Pontchartrain will not object to my having done this without having got his permission, for the relief of these thirty-five men.
	P. ½. Small. In French. Dated, London, 20 Jan., 170²/3. (Hol.) Ibid, 31A.
20 Jan. Whitehall.	Nottingham's Letters.
	1. To Colonel Codrington.
	I send your commission to command in the West Indies during the time mentioned in your instructions. Hope for your success.
	As sickness and war may make vacancies in your ranks, the Queen would have you place half-pay officers (some of whom have gone to the Indies) in the vacancies as they occur, suitably to their rank. Your commission gives power for this.
	" The French have represented to her Majesty that you have threatened to hang some officers whom you took prisoners at St. Christophers in case the French prisoners whom you sent to Hispaniola, and who mastered the vessel on which they were embarked and went with it to a French island, were not restored." Now though they may justly be reclaimed, and her Majesty does not believe you will execute these menaces, yet for their satisfaction she asks me bid you not to execute them.
	The officers will tell you what artillery and mortars are sent with these ships.
	P. ²/3. with notes of enclosure of his commission (as above); his instructions (as commander-in-chief) dated Jan. 18, 170²/3 orders regarding distribution of prizes of Dec. 9, 1702, and orders and instructions for trade also of Dec. 9, 1702. Packet delivered to Brigadier Colenbine, 21 January, 170²/3.
	S.P. Dom., Entry Book 209, p. 3.
	2 and 3. To the Prince's Council.
	The Queen desires your opinion as to pardoning returned deserters, and wishes orders to be given to all the men-of-war that sail to Portugal [&c., as in Lord Nottingham's letter to the Postmasters General of 19 January, 1703].
	P. ¼. and p. ½. S.P. Dom., Entry Book 104, pp. 196, 197.
21 Jan. Whitehall.	Hedges to the Prince's Council.
	Queen's command:—To move the Lord High Admiral to detail a vessel for service in carrying the packet from Harwich to Brill.
	One of the packet-boats in use in that service is disabled and beyond repair.
	P. ½. S.P. Dom., Entry Book 101, p. 271.
22 Jan. Whitehall.	Nottingham to Captain Atkinson.
	The supernumerary ships not necessary for this expedition to be discharged according to their charter-parties.
	You were right not to unload the victuals. If not otherwise ordered by the Prince's Council or the victuallers, let them travel with the men. Do as you propose with the extra beds.
	P. ½. S.P. Dom., Entry Book 209, p. 4.
23 Jan. Admiralty Office.	JOSIAH BURCHETT to JOHN ELLIS.
	Sends, for Secretary Hedges, a letter (copy) from Captain Bloyce (fn. 10) of the Swan.
	P. ¼. Signed. S.P. Dom., Naval 7, 11. Enclosing:—
	Captain Bloyce to [Josiah Burchett].
	I met at sea a galleot hoy belonging to Gottenburgh loaded with brass, copper, pitch &c. bound for Rhoan [Rouen]. I thought it best to bring her into the Downs till I heard his Royal Highness's pleasure about her. On the 17th I met with a Dane at sea that came from St. Martin's in France and put into Brest water owing to bad weather. They say that great preparations are being made there in order to fit out what ships are in that port, that an embargo is laid on all merchant ships and privateers, and that seamen, fishermen and boatmen are summoned from all the ports to man the fleet.
	P. ²/3. Copy, dated from the Swan in the Downs, 22 January, at 3 a.m. Ibid., 11A.
23 Jan. Whitehall.	Nottingham's Letters.
	1. To Vice-Admiral Benbow.
	Yours to October 20 [details] and others from Mr. Browne and Captain Whetstone received. The Queen is very pleased with your conduct " and much offended with the baseness of those officers who deserted and betrayed you." You will hear more from the Prince's Council. I only lament your misfortune in losing your leg. I hope this will find you otherwise well and " that you are reserved to do her Majesty and your country still greater services, of which no man is more capable than yourself."
	P. ½. S.P. Dom., Entry Book 209, p. 4.
	2. To Colonel Beckford.
	Yours to 16 October received. Your accounts are very satisfactory. In future no French who are taken are to be sent to Hispaniola. The Queen is justly vexed with the officers who were the occasion of Du Casse's escaping. Your zeal in service, &c.
	P. ½. Ibid., p. 5.
	3. To Colonel Handasyd (fn. 11).
	I send enclosed to you as Sir William Beeston is dead. Haines' case seems hard. Examine it and report if he has been unduly oppressed, so that the Queen may give him relief if he deserves any and you cannot relieve him.
	P. ½, with note that it enclosed:—
	A. The case between Joseph Haines and his wife.
	B. Order in Council of July 9, 1702.
	C. Copy of certificate of Mr. Montague, 17 April, 1701, (fn. 12) and also the following:—
	D. Nottingham to Colonel Dudley.
	Yours to November 8 [details] received. There was no intention to take any of the men you should raise and send to Jamaica for recruiting the regiment there. They were to serve in distinct companies and go back to New England when their service was over. To prove this I am to tell you now that you need not send any men whom you have raised to Jamaica. If they have already gone they will be sent back to New England and you may be sure of the Queen's favour to them, and acceptance of your ready obedience &c.
	It is probable that the ships now at Jamaica will call at Boston on their way home to England. If so, any of your men there who please may join them on the services intended. (fn. 13) They will be allowed to return to Boston when they please, though, unless they go on ships belonging to New England, they will scarce have opportunity for it.
	In all (letter, notes and enclosure) pp. 1¹/8. S.P. Dom., Entry Book 209, pp. 5, 6.
	4. To Colonel Codrington.
	The Earl of Peterborough is not going (as Governor of Jamaica and commander of the forces) to the West Indies.
	Several ships are, however, going with soldiers, transport ships and stores and I send by them a commission to you and her Majesty's instructions.
	I send you the names of some gentlemen who went with recruits from Ireland, on an assurance from the Lords Justices of that kingdom that, on a vacancy, they should be provided for. There is reason for it, because at the same time some of the half-pay officers refused to go. The Queen would have them provided for next after the half-pay officers as follows:—
	Lieutenants:—John Armstrong, Alexander Gray, John Alcock, William Warsly.
	Ensigns:—John Rallins, Charles Burton, Arthur Cavenagh, William Dukenfield.
	P. ¾. Ibid., pp. 6, 7.
24 Jan. Whitehall.	Hedges to the Prince's Council.
	By command:—I send the East India Company's memorial as to the best way to suppress the pirates that infest the Indian seas, for your consideration and report.
	P. ⅓. S.P. Dom., Entry Book 204, pp. 359, 360.
24 Jan. Oxford.	Count De Mornay to [Nottingham].
	I send a letter received through Holland from M. de Pontchartrain since my last. (fn. 14) You will see that in France they expected an agreement on the articles which had been sent there before, and that I cannot answer positively on the new ones, which are quite contrary to the first.
	If you desire me to give an answer to the second, third and fourth paragraphs of M. de Pontchartrain's letter, please tell me how you would have them answered; so that I may add that answer to what you have told me to say on the difference which arose after the taking of St. Christopher's between the commanders of the two nations. When you tell me what you would have said I will send my letter for M. de Pontchartrain to you. As to what he says in the third and fourth paragraphs, it has been confirmed by letters to me from all the officers who have remained at the seaports, that naval officers visit, and seek to engage, the French prisoners [in the English service] and clergymen to make them change their religion.
	Pp. 1½, in French. Signed. Endd. in Warre's hand. S.P. Dom., Naval 118, 15. Enclosing:—
	A. M. de Pontchartrain to Count de Mornay.
	1. I have yours of 26 December. I am surprised that you receive no reply to our answer to the proposals of the Commissioners for Exchange of Prisoners. I hope they will soon make up their minds. As the King has consented to all their terms you have nothing more to offer them.
	2. If what you hear about the treatment of the French prisoners at Portsmouth is true, I am sure that the officer there will be treated with exemplary justice. Insist on demanding justice, since what has been done is contrary to international law and punishable in all countries.
	3. They write to me from Portsmouth that our prisoners are still very ill, and that no care is taken of them. Complain of this to Lord Nottingham, and tell him that our [English] prisoners if ill, are placed in a hospital at Dinan, and that when the number of sick there lately increased another house was taken for them.
	4. Escaped prisoners from Portsmouth bring us news that the English officers often go amongst those who are there and try to make them change sides, offering them money, and that they have got over three men from St. Malo. The King desires you to complain of this to Lord Nottingham and to send his answer.
	P. ⁴/5, in French. Copy. Signed by Count de Mornay and dated by him as of 21 January. S.P. Dom., Naval 118, 15A.
25 Jan.	Certificate by the Officers and Inhabitants of Holcom [Holcombe] Parish, near Bristol in Somerset.
	John Coulston came of a very good family. His grandfather was a Justice of the Peace and was a great sufferer in Oliver's time. His father was a very honest gentleman, and John Coulston himself during his abode here behaved very honourably, having given to the minister of the said parish 15l. per annum, and 10l. per annum to the parish poor, which was all the estate he had, his family being formerly reduced. He is well affected to the present Government, has been well educated and is a true Churchman, and so was his father and grandfather; so we think him a worthy person and capable to be instructed with any office.
	P. ½. Copy, with signatures (copies) of John Salmon, Roger Felps, John Everatt, Samuel Turfut, Thomas Lane, George Homener, Mibley Holage, Nicholas Nichols, Nicholas Stamp, George Strencher, Thomas Tomson, Nathaniel Rogers, Roger Colings, Denis Smith, John Talar, Stephen Partreax, John Cok, Thomas Stone, William Pestvill, Roger Admunds. S.P. Dom., Anne 2, 32.
25 Jan. Admiralty Office.	Josiah Burchett to the Commissioners of Sick and Wounded.
	Sends enclosure, and asks that directions may be given to prevent the inconveniences which may arise from the liberty granted to French officers who are detained at Plymouth.
	P. ½. (Hol.) Underwritten with note of address to the Commissioners of Sick and Wounded, but addressed, on back, to Richard Warre. Endd. S.P. Dom., Naval 118, 16. Enclosing:—
	A. Commissioner St. Lo to [Burchett].
	* * Notwithstanding that all the French prisoners were remanded to prison, I see many French officers have liberty to go abroad when they please. Many of them have been "two or three miles from Plymouth a fowling with the garrison officers." It is thought that this familiarity is dangerous, and I thought his Royal Highness should know of it * *
	P. ½. Extract. Dated, Plymouth, 22 January, 1703. Ibid, 16A.
25 Jan.	M. Dubourdieu to [Nottingham].
	My Lord. I have seen Sieur Pagis. He said to me that Mercet, Fabrot, Faure and he had in their hands all the goods which the Genevese had at the Exchequer, which may be worth more than 300,000l. sterling.
	Genevese merchants treated with the French ministers for supply for the army of Italy. They are Buission, Saladin, Lullin, Perdreaux, Faure &c. It is a fact that on the Place de Lion their credit does not go far. They must draw, for their enterprise, on the purse of Holland, England or Geneva. Their plans for England and Holland will be disconcerted by what has been done in relation to Huguetane, Seignouret, Pages [Pagis] and others.
	But, my Lord, that is not enough. Geneva is a wealthy city. The merchants here have 300,000l. sterling in the Exchequer. This means more than 20,000l. (a year) in interest. News comes to Geneva by post of the value of companies' shares &c., and they have only to offer one or two per centmore and the owners [of the money] remit to them the funds which they have here, of which they can dispose to furnish [provisions] in compliance with their treaty with France.
	It would be a stroke to ruin their credit at Geneva. This would lance the source of evil. It could best be done if your Highness would have Pagis, Mercet, Fabrot and Faure arrested. After that means should be found to sequestrate the principal and interest of the Genevese so far as the justice and delicacy of your Government would permit it. If the Republic protests, they should be reproached for their neglect of the common cause and the complaints made to them by the Emperor. They are aware of the contents of treaties which were made with their knowledge.
	To save appearances you might have a memorial thereon presented by Count Wratislaw, which should merely declare here what his master's minister has done in Switzerland. I send my views and am zealous if not able.
	If you do not think fit to arrest Mercet, Fabrot and Faure, pray have pity on Pagis, whose health and fortune suffer greatly. He may be set at liberty without fear, on caution given, for he is not the man to escape.
	Pp. 3½. French. (Hol.) Endd. in Warre's hand. S.P. Dom., Naval 118, 17.
25 Jan. Jersey.	Colonel Collier to Nottingham.
	I send enclosed, from which it appears that the prisoners only came to Jersey to try to trade in tobacco &c.; but I think they had some other errand. I will keep them prisoners till I have further orders.
	One of our privateers has brought in two barks bound from Grandville to Dieppe, which have on board 1,400,000 oysters.
	P. ¾. S.P. Dom., Channel Islands 2, 44. Enclosing:—
	A. Declaration by Edward Dumaresq.
	A month ago the Sieur St. Paul, living at St. Malo with his man, came to my house at 9 p.m. and asked me to go and sit in my Court to hear a special statement. I did so, and he asked me, as a friend of the Sieur la Vallee Bin, to protect him in buying from me 6,000l. worth of tobacco, half for himself and half for Bin's wife. I said I was surprised at his boldness in coming into an enemy's country and to me, an officer, and that I should have to hand him over to the Governor, and that I should go and tell the magistrates. He begged me not to, and to let him go to M. Sealle or M. Pipon, whom he had helped to get away from St. Malo, and that he hoped to get Messrs. Orange, who were still near St. Malo. [Details.] I kept them in my house, and informed the Lieutenant Bailly [bailiff], who referred me to Charles Dumaresq, justiciary, and said that then I could keep the foreigners till to-morrow and then inform the Governor. I did so next day, and handed over the foreigners' papers, which they had given me.
	P. ¾, in bad French. Signed. Dated, Jersey, 15 January. S.P. Dom., Channel Islands 2, 44A.
	B. Examinations of Paul Causserouge de St. Paul and Francis Brusley.
	Taken before the Lieutenant-Governor, Lieut. Jean Durell, Edward de Carteret, Baily [bailiff] of Jersey, and Philip [?] le Geyt, Charles Dumaresq and Charles Poindestre, jurets at Jersey, 15 January.
	De St. Paul says:—Lives at St. Malo. Arrived here nearly a month ago. [Details.] Went before Edward Dumaresq, who &c. [confirms last declaration]. Deponent told Dumaresq he had come to the island to try to trade and agreed to go before the Governor, but begged that his arrival might be kept a secret from the French in the island; otherwise it would become known in France, and he would not dare to return there.
	Pp. 1¹/8. Signed.
	Brusley says:— I came to Jersey to serve St. Paul as. I do business in Jersey, as St. Paul said. Confirms briefly the foregoing.
	P. ⅓. Signed with Brusley's mark.
	In all pp. 1¾. All in French. Certified true copies by Jean Dumaresq, Greffier of the Royal Court of Jersey. Endd. Ibid, 44B.
26 Jan. Sick and Wounded Office.	The Commissioners of Sick and Wounded to Nottingham.
	Send enclosed. Besides the 1,000 English prisoners at St. Malo, there are others elsewhere.
	P. ¹/5. Signed by Lee, Herbert, Adams and Sherard. Endd. S.P. Dom., Naval 118, 18. Enclosing:—
	A. Louis Magt[?] (fn. 15) to "Esq. Thomas Addison."
	I am asked by Captain Francis Appleby, of the Bonaventure, by Captain William Wanless, of the soldiers, and by the other officers taken in the said ship to bring to your notice their great indigence. They have no credit except what I give them, and beg your assistance and to know what you will do for the poor soldiers, "which are all naked and shall hardly be able to withstand the sharpness of the winter." Whilst awaiting your answer, I shall assist them to the best of my ability. I have already asked our Commissary to write to Paris about the allowance the King affords to all officers in commission; and think " the demand shall be brought to a good end."
	In Dinan we have about 1,000 prisoners, and there are others elsewhere. They are very anxious to hear that the cartel has been settled, for many of them are in great want. Polite expressions and assurances of service.
	P. 1. Dated at St. Malo, 17 January, 1703. Signed. Add. to Addison, at the Navy office, Whitehall. S.P. Dom., Naval 118, 18A.
26 Jan. Whitehall.	Hedges to the Attorney General.
	Pray consider how prisoners pardoned by the Queen on condition of their taking service in the Navy or Army may be set free and drafted into the service immediately after the warrants for pardons are signed, and without waiting for a general pardon to come out. The Queen hears that there are many delays in this matter, whereby the health of the pardoned prisoners is impaired and the Queen loses the benefit of their services.
	P. ½. S.P. Dom., Entry Book 101, p. 276.
Same.	Nottingham's Letters.
	1. To Colonel Gibson.
	Queen's command:— To inquire into and report on truth of enclosed. If true arrest Jackson and report, and meantime appoint some other person to take care of the prisoners.
	P. ¼, with note that a letter from Southampton to Mr. Cardonell, dated 23 January, was enclosed, dealing with the mismanagement of the marshal of the French prisoners.
	P. ⅓. S.P. Dom., Entry Book 104, p. 198.
	2. To Count de Mornay.
	Repeats substance of his last to Count de Mornay (see above, at 10 January, 1703, pp. 533–4).
	P. ⅓. French. Ibid.
26 Jan. St. James'.	Royal Warrant to the Lord Lieutenant of Ireland for Joshua Dawson.
	Joshua Dawson has petitioned, shewing that:—The Governors of Ireland have been used, on leaving office, to take with them "the books of entries belonging to both their Secretaries' offices, wherein were entered all King's letters, orders, warrants and letters directed to and given by such chief Governors, the removal of which has not only been a great injury to our subjects of that Kingdom for want of copies of such orders upon many occasions, but a great prejudice to all succeeding chief Governors in being deprived of the knowledge and information of what had been done by their predecessors."
	Petitioner has been employed in the office of the "Chief Secretary (fn. 16) to the said chief Governors" for many years, and, during that time, has had many applications for copies of such warrants and letters, which he has not been able to grant for the above reason. He therefore prays for the erection of a Paper Office in Ireland, in which copies of all these documents may be kept, except private letters. He has been bred up in the Chief Secretary's Office and has been zealous in his long discharge of the duties of that office.
	He prays for letters under the Privy Signet and Sign Manual creating and erecting an office, to be called the Paper Office, with directions to future chief Governors to allow him to take copies of the books of entries of all warrants, orders &c., belonging to either Secretary's office (private letters excepted), and that a room be appointed for the office in Dublin Castle; and for 100l. a year for himself and his clerks, to be inserted in the Irish Civil List as a perpetuity. You approve his request.
	Pass patents under the Great Seal &c. erecting a Paper Office accordingly, wherein shall be kept "duplicates and copies of all King's and Queen's letters whereon any warrants, orders or directions" shall be given by you and also duplicates of all warrants &c. issued thereon; and also all other warrants, petitions and letters which have [passed] or shall pass "the said Secretaries' offices or either of them" (private letters excepted). The patents shall grant to Dawson the office of Clerk of the Paper office to hold during pleasure, to exercise by himself or a deputy approved by you. Salary of 100l. a year, to be inserted in the Civil List as a perpetuity. Allow Dawson to take all the copies aforesaid "to be kept by him in the said office which is to be an office of Record," and appoint and fit up at our expense a proper room in the Castle to be his office. Favourable clauses.
	Pp. 3¼. S.P. Signet Office 15, pp. 91–4.
27 Jan. Admiralty Office.	The Prince's Council to Nottingham.
	Yours of the 20th on the matter of re-enlisting deserters who desire pardon and re-enlistment. We are of opinion that if the Queen is pleased to issue a proclamation offering pardon to all such deserters as voluntarily enter themselves on a ship or vessel by or before 15 March next it will probably bring several men into her service at sea.
	P. ¾. Signed by Rooke and Churchill. Endd. S.P. Dom., Naval 7, 12.
Same.	JOSIAH BURCHETT to RICHARD WARRE.
	Brigadier Collembine (fn. 17), who is just going to the West Indies with his regiment, says there is no order for embarking it yet. I am sure orders have gone to the men-of-war, but he may be referring to the transports which are to carry his men. The frigates are ordered to sea in company of the Portugal convoy if ready at the same time.
	Pray inform Lord Secretary Nottingham of what the Brigadier says.
	P. ½. (Hol.) Endd. S.P. Dom., Naval 118, 19.
27 Jan. Whitehall.	Hedges to the Lord High Treasurer.
	Mary Mayhook, widow of a seaman, when coming home from Boston in the Expedition (Henry Lowther, master,) was taken by a French privateer and lost 20l. in clothes. The Expedition was retaken by the Weymouth. Queen's command:—To allow Mary Mayhook 20l. out of the salvage money. Give orders accordingly.
	P. ⅓. S.P. Dom., Entry Book 101, pp. 276, 277.
Same.	Nottingham's Letters.
	1. To the Postmaster[s] General.
	I send enclosed from the Duke of Queensberry. He says there is one in town empowered to adjust this matter. Wait on him and find out who it is.
	P. ⅓. S.P. Dom., Entry Book 104, p. 199.
	2. To the Commissioners for the Sick and Wounded.
	Queen's command:—Remove immediately from Southampton Captain Coshart and all the French officers who are prisoners there to some inland town, where they may be kept close prisoners. Your officer there has been very negligent in allowing eleven of them to escape at one time, and your officer at Plymouth is also negligent in letting the prisoners at Plymouth walk in the town and go even two or three miles out of it. Queen's command:—To find some place more suitable than Plymouth, where they have an opportunity of seeing the preparations; and meantime to guard them more carefully.
	Send a weekly account shewing the number of prisoners.
	P. ³/5. Ibid, pp. 199, 200.
	3. To Major Hook, Lieutenant-Governor of Plymouth.
	The officers of the garrison at Plymouth, as well as the Governor, are to blame for the too great liberty allowed to the French prisoners there; for they carry the French about the town and to some distance from it "to shoot and for other diversions." This liberty should not be suffered, and as the Commissioners of Prisoners (fn. 18) are ordered to keep them more strictly whilst they are at Plymouth, you will do well to prevent the garrison officers from taking them abroad anywhere out of prison, so that the proper officer may have no excuse for neglect of his duty.
	P. ½. Ibid, p. 200.
	4. To the Duke of Marlborough.
	I send a letter from Colonel Colenbine (fn. 19), on which I am not competent or empowered to give an answer.
	I have told Mr. Blathwayt to send orders to him to embark. P. ½. Also note of enclosure. S.P. Dom., Entry Book 209, p. 7.
	5. To Mr. Blathwayt.
	Colonel Colenbine writes that he has no orders to embark. I thought you had taken care in that matter, for I presume that the Prince or the Duke of Marlborough must sign them. No time should be lost. The fleet has been ordered to proceed to sea with the Portugal convoy for more safety.
	Also note of information being sent to Admiral Allemonde. P. ⅓. Ibid, p. 8.
	6. To Captain Atkinson, at Portsmouth.
	Refers to Collenbine's having no orders to embark. Proceeds:—The masters of the transports need only be ordered to obey the commander of the ship on which Colonel Collenbine is, and, after arriving in the West Indies, to obey the orders of the Commanderin-Chief of the men-of-war to which they may be attached from time to time. Details.
	P. ½. Ibid.
	7. To Brigadier Colenbine.
	I have written for orders for you to embark your men, which I hope you will soon have.
	I do not know what may be necessary for your service, but have acquainted the Duke of Marlborough with your letter, so that you may have orders.
	I hope you will not take it as a diminution to you that Colonel Codrington, who is junior to you, is to command you. He is Captain General and Governor of the Leeward Islands, and, as such, has the right to command in operations which are almost under his own Government. I need not argue this matter with you, a zealous servant &c.
	Colonel Codrington is, by his instructions, limited to a time for his service, which will consist with the other service on which you are commanded. I wish you success.
	P. ²/3. Ibid, p. 9.
	8. To the Prince's Council.
	Pray report on the enclosed request sent by the Dey of Tunis.
	As the Queen will probably have a squadron in the Mediterranean this year, and that will be a proper time to renew the peace with the Governments of Algier, Tunis, Tripoli and also "Sally," and some presents are usually given to these Governments on those occasions. Pray look into the existing treaties with them and see what change, if any, should be made; and also consider the question of suitable presents.
	P. ⅓. Ibid, pp. 9, 10.
28 Jan. Admiralty Office.	The Prince's Council to Nottingham.
	Yours, with an extract of one from the Dey of Tunis. We have considered what presents should be sent to that Government and to Algier, Tripoli and "Salley," and what stores the Dey of Tunis desires from her Majesty, and what alterations or additions may or ought to be made to the present Treaties with each of those Governments. We have no objection to the sending of the usual presents to those places when occasion offers; as to which you will hear best from the Lord High Treasurer's office and the Office of Ordnance. As to the guns and mortars which the Dey of Tunis desires, and the sails and furniture for five ships of war, we cannot advise, except to say that we think it better that the few merchants trading there should pay the additional 5 per cent custom than that we should part with so many guns and stores. If these guns and stores are sent, the presenting of them may be treated as a precedent.
	We have no additions or alterations to suggest in the treaties unless the Queen, on advice of the Privy Council, thinks that some such should be made.
	Pp. 1½. Signed by Rooke, Mitchell, Churchill and Hill. Endd. S.P. Dom., Naval 7, 13.
28 Jan. Sick and Wounded Office.	The Commissioners of Sick and Wounded to Nottingham.
	Send enclosed.
	P. ¼. Signed by Lee, Herbert, Adams and Sherard. Endd. S.P. Dom., Naval 118, 20. Enclosing:—
	A. Charles Taver, Surgeon of the sick and wounded at Weymouth, to the Commissioners of Sick and Wounded.
	A French prize of about 29 tons, loaded with salt, was brought in here this morning. She was first taken by an English privateer, retaken by a French privateer, and forced into Portland Road by heavy weather. There the Castle, suspecting them enemies, fired two guns and sent a boat on board, and they surrendered. I secured three men of the French privateer who were on board. They say that the French grand fleet will not be fitted out this year, but they have about fifty privateers belonging to St. Malo, some of considerable force. They say there are about 700 English prisoners at Dinan, and that M. Chateranaud (fn. 20) has not yet returned from Paris.
	P. 1. Extract. Dated, 25 January, 1703. Ibid, 20A.
28 Jan. Whitehall.	Nottingham to the Lord Treasurer.
	Forwards a letter from Lord Hatton about the rights and privileges of Guernsey, though it most immediately concerns M. le Tebure. Asks that, if it seem reasonable, M. le Tebure may receive such an order as will free him from unnecessary trouble and charge.
	P. ¼. S.P. Dom., Entry Book 104, p. 201.
29 Jan. Oxford.	Count De Mornay to [Nottingham].
	I am sending copies of your letters and mine to M. de See above, p. 186, note. Pontchartrain, and will send such reply as you desire to his last, of which I send the substance. Details.
	P. ½, in French. Signed. Endd. in Warre's [?] hand. S.P. Dom., Naval 118, 21.
29 Jan. Sick and Wounded Office.	The Commissioners of Sick and Wounded to Nottingham.
	As ordered, we have directed Captain Cusart (fn. 21) and all the other French officers to be removed from Southampton to Farnham. It is the only inland town wherein we have been able to procure a small place for keeping prisoners at war. The inhabitants of Southampton have spread such reports of infectious sickness among the prisoners that though we inquired at all the principal inland towns, and offered six times the rent formerly given for the houses, we have not been able to obtain the accommodation we require. We shall make further inquiry and, meantime, take all possible steps to have the prisoners well secured where they are, having frequently commanded our officers not to allow any prisoner to walk about in the towns; but the closeness of the prisons has made it absolutely necessary to remove many of the sick to town quarters. There may, we fear, be a few cases of escape, but we shall punish severely those who, by their neglect, make such escapes possible, and hope thereby to prevent the recurrence of them. Our officer at Plymouth is lately dead, and we have given to his successor such instructions as will, we think, obviate complaints from that quarter in the future.
	We are gathering information with a view to sending you a weekly abstract of prisoners, and as soon as we have received that from Southampton, will write to Count de Mornay. The Marshal at Southampton, in his letter of 10 January last, told us he had buried thirty prisoners, and has 738 under him. Since then we have heard that they have been more healthy than before. We hope the complaints of neglect of the sick prisoners will appear groundless. Two of this board who were there were very well pleased with them, and the chief inhabitants said that the prisoners wanted nothing that was necessary.
	Pp. 2²/3. Signed by Lee, Herbert, Adams and Sherard. Endd. in Warre's [?] hand. Ibid, 22.
29 Jan. Whitehall.	Nottingham to the Attorney General.
	Queen's command:—To prepare a proclamation pardoning all seamen and marines if they return to any ship of the fleet by March 1 next. This shall free them from prosecution, but not entitle them to any wages they have lost by desertion, and is to be so worded as to convey no right by general terms to such wages.
	Sends a petition. Queen desires a proclamation prepared as desired, but not so as to pardon the actual murderer.
	Also note that a petition from Hillingdon and Uxbridge was enclosed for a proclamation in order to the discovery of the murderers of William Harrison and Edward Simmonds.
	In all p. ²/3. S.P. Dom., Entry Book 104, p. 201.
29 Jan. St. James'.	The Queen to the Lord Lieutenant of Ireland concerning Half-Pay Officers.
	We have received from you, through our Lord Treasurer, the annexed list of half-pay officers in Ireland who have refused to go in our service to the West Indies. Give orders to determine all payments to them from the date of this warrant.
	Regiment.	Rank and Name.
	From Cork:—
	Lord Donegall's	Ensign James Harrison.
	Lord Donegall's	Ensign Nicholas Holmes.
	Colonel Mitchelburne's.	Lieutenant S. Ferguson.
		Ensign John forsyth.
		Ensign Andrew Hamilton.
		Ensign Charles Johnston.
	Colonel Villiers'	Lieutenant Walter Travillion.
	Colonel Creighton's	Lieutenant George Hewston.
		Ensign John Johnston.
		Ensign James Laying.
	Lord Charlemont's	Lieutenant Roger Holland.
	Lord Charlemont's	Ensign John Henderson.
	Sir George St. George's	Ensign William Hamilton.
	Late Brigadier Tiffin's	Ensign Andrew Singleton.
	From Limerick:—
	Colonel Villiers'	Quartermaster J. Boycott.
	Colonel Creighton's	Captain Abraham Green.
		Captain Abraham Green.
		Captain William Browning.
		Captain Alexander Atchison.
		Captain-Lieutenant John Orban.
		Lieutenant George Graham.
		Lieutenant George Castrell.
		Lieutenant George Johnston.
		Lieutenant George Curry.
		Lieutenant Guy Carleton.
		Quartermaster Thomas Little.
		Adjutant J. Clarke.
		Ensign Henry Hodkinton.
	Colonel Mitchelburne's	Captain J. McCormuck.
		Captain J. Manson.
		Captain George Gregory.
		Captain St. Miller.
	Colonel St. John's	Captain Thomas White.
		Captain J. Blair.
		Captain William Hamilton.
		Captain-Lieutenant Robert Maughein.
		Lieutenant William Brown.
		Lieutenant John Miller.
		Lieutenant Jeremiah Felton.
		Lieutenant L. Stewart.
		Lieutenant James Forbus.
		Quartermaster Thomas Thornbury.
	Lord Mountjoy's	Captain John Murray.
	Lord Charlemont's	Lieutenant Mark Smith.
	Late Brigadier Tiffin's	Lieutenant J. Donnelon.
	Sir G. St. George's	Lieutenant Thomas Denny.
	Sir G. St. George's	Lieutenant James Moore.
	Earl Donegall's	Captain J. Davis.
	Earl Donegall's	Captain A. Gore.
	From Galway:—	Lieutenant John Deane.
		Lieutenant Luke Davis.
		Captain Murtogh Cuningham.
		Captain J.Woodward
		Captain William Gunter.
		Captain Oliver Anktill.
		Ensign John Wreckham.
		Captain J.Dunbar.
		Lieutenant J.Devitt.
		Lieutenant J. Devitt.
		Lieutenant Patrick Fox.
	Pp. 2½. S.P. Signet Office 15, pp. 99, 100, 101.
29 Jan. Whitehall.	Nottingham's Letters.
	1. To the Prince's Council.
	I send news from Dunkirk.
	Command:—To send frigates to cruise thereabouts and prevent such misfortunes.
	Also send orders to the ship which has Sir B. Granville's goods aboard to hurry on with all speed to Portsmouth in the hope of catching up the West India ships and being able to go with them. It would be prejudicial to the Queen's service to order all those vessels to wait for her.
	P. ½. S.P. Dom., Entry Book 209, p. 10.
	2. To Sir Beville Granville.
	Repeats substance of foregoing. If his vessel takes advantage of the tides she should overtake him before he gets out of the Channel, if not earlier.
	P. ⅓. Ibid, p. 11.
30 Jan. Admiralty Office.	JOSIAH BURCHETT to RICHARD WARRE.
	Inform the Secretary of State that, the Prince's Council having been told of the coming out of French ships from Dunkirk and the capture by them of the Ludlow, orders have been sent to the Weymouth, Lichfield and Lynn, to leave the Downs and stretch out towards Calais and thence to stand away towards Camper Down off the Texel. Thence they are directed to stand over towards the Bar of Newcastle and so to return by the East Coast. By this means it is hoped the French ships may be met with. Other vessels will be sent in quest of them as soon as may be.
	P. ¾. Signed. Add. Endd. S.P. Dom., Naval 7, 14. Enclosing:— (fn. 22)
	A. Extract from a letter from George St. Loe, Esq., Commissioner of the Navy at Plymouth, dated 26 January, 170²/3.
	The Dutch privateers seize Swedes, Danes and Hamburgers coming from France or Spain. Yesterday I was on board a Hamburger which was brought in hither. She was lately from Malaga and Cadiz, which places are, they say, in miserable condition for want of trade, and the French menof-war about those parts are very much afraid of our men-ofwar coming unawares on them. They have left the galleys at St. Mary Ports and themselves are gone off to Talloon [Toulon].
	The French also report, to keep up the drooping spirits of the Spaniards, that the Swedes and Danes are to join them this summer with sixty sail, so that the English and Dutch will not be able to look them in the face; "but I take it to be only French news."
	P. 1. Endd. "R. from Admiralty, January 30." S.P. Dom., Naval 7, 14A.
30 Jan. Dublin Castle.	The Lords Justices of Ireland to the Lord Lieutenant.
	In obedience to your Excellency's order we have considered with the Chancellor of the Exchequer, the three Chief Judges and the Attorney and Solicitor General about the substance or heads for such bills as may be properly prepared here before the meeting of Parliament, and we send you a rough list (fn. 23) of them, merely to show what sort of bills we intend to prepare when ordered to do so. We did not ask the judges to sign this paper as their opinion, because they and we thought that you wished the matter to be treated by way of discourse only between us and them, in order that we might send your Excellency such of their views as we thought fit; but, nevertheless, we think it right to lay before you plainly the opinion of all who joined in this discourse. They are all of opinion that in view of the poverty of the Kingdom the meeting of Parliament should be postponed as long as possible, even to another year if that might be consistent "with the other circumstances and state of the revenue and Kingdom"; that, if Parliament meet here this year it should be as late as possible in the year; that the bills mentioned are thought as proper to be sent over with the first transmission as any they can think of. With regard to the Money Bill, we considered whether the Parliament might not be more pleased and more ready to give what money they are able to give if the granting and manner of raising it were left wholly to themselves without any Money Bill being prepared or offered by the Crown at all; "and this being introduced by Mr. Solicitor, which brought us upon the former famous point of Sole Right (his remarkable part in which is not unknown to your Excellency), it concluded (as appears by the paper) to be the general opinion of everybody (the Solicitor excepted) that the Queen would think it convenient to bring in a Money Bill; and that if she should do so the proposed Excise Bill would be the most proper." The Solicitor wished it to be known that he thought it better that the Crown should offer no Money Bill at all, and gave reasons which are too long to be touched upon in a letter. He chiefly relied on the strong reasons which there were at present to please the people, who might be expected to be out of humour for giving money, and thought that if money were expected from them they should be gratified in the manner of giving it.
	"As to what was objected for the contrary opinion by others of the Queen's being advised in this to quit a right of which the Crown had been so lately so very tender, his answer was that once waving was not a quitting it; and that if it should be constantly insisted on and practised by the Crown, the people might with reason be jealous that their submitting to it would establish it by their consent. Whether Mr. Solicitor or the rest of the gentlemen consulted with are in the right or wrong as to the point of their differing opinion and advice " is submitted to your Excellency; also what part of this discourse you will submit to the Queen. We think that both parties have said what they have said in a desire for the Queen's service.
	Together with the list of bills, we send you copies of the letters which passed between the Court of England and this Government on the occasion of the meeting of the late Parliament, so that you may have precedents under your view. We shall obey all your directions.
	P.S.—The enclosed two letters are all that can be found relating to the orders from England for calling of Parliaments, which are entered in the Council books. Any other letters of the same kind were " carried away by the several chief Governors, to whom it appears that the first orders for preparation of bills were always sent, and not to them and the Council."
	Pp. 3¼. Signed by the Earl of Mount Alexander and Thomas Keightley. S.P. Ireland 363, 1. Enclosing:—
	A. The Lords Justices of England to the Lord Deputy Capell.
	As administrators of the Government in the King's absence, we congratulate you on your entry into the Government of Ireland and assure you of our readiness to give you our best assistance in promoting the King's service there and the welfare of his subjects. As the King left directions for the immediate calling of a Parliament there, we desire you to lose no time in causing such bills to be prepared as you think fit to pass in the Parliament and, as soon as they are ready, that they may be transmitted hither in form.
	P. ½. Copy, with signatures (copies) of Lord Somers (C.S.), the Earl of Pembroke (C.P.S.), the Dukes of Devonshire, Shrewsbury and Dorset, and Lord Godolphin. Add. to Lord Capell; and further note that the original was delivered to Mr. Aldworth by the Lord Deputy's order. Dated, Whitehall, 21 May, 1695. Endd. Ibid, 1A.
30 Jan. Sick and Wounded Office.	The Commissioners of Sick and Wounded to Nottingham.
	Send enclosed. Despatched to Harwich at once to prevent the escaped officers from getting away thence. Have suspended and replaced Jackson in the charge of the prisoners pending the Secretary's directions.
	P. ⅓. Signed by Lee, Sherard and Adams. Endd. S.P.Dom., Naval 118, 23. Enclosing:—
	A. Thomas Jackson, Marshal for the prisoners at Southampton, to [the Commissioners of Sick and Wounded].
	Last night news was brought that Cushart and Latooch, "who is the Irish captain that was at London," (fn. 24) made their escapes by getting open the street door, which never had any key left in it after the people went to bed. It is thought they went to Winchester with a design to get to Harwich and go over by the packet-boat. I have despatched a messenger after them [by the] London road who, if they go that way, will certainly take them. I am now mounting horse to search for them at some great Papists' houses near this town, but wish their Honours to send a despatch to Harwich at once, for, if we take them not, they will certainly be there. I have prepared a house for the others and shall get them in, but this is only a temporary arrangement, as the house is not large or strong enough. The captives are all uneasy at this news of no exchange this war. No man can take more care of them than I do.
	P.1. Copy. Dated [Southampton], 28 January, 170²/3. Ibid, 23A.
	List of French prisoners on 30 January, 1703.
	Plymouth, 1,106; Gosport, 68; Southampton, 823; Farnham, 178; Dover, 113; Yarmouth, 23; Exeter, 30; Kinsale, 354; Guernsey, 314; Jersey, 55; Tower Hill, London, 24; Oxford, on parole, 32. Total, 3,420.
	P. ²/3. (small). Ibid, 23B.
30 Jan. Whitehall.	Nottingham's Letters.
	1. To Walter Devreux, at Folkestone.
	To stop and secure, if possible, Captain Coshart, a Frenchman, and one La Touche, an Irishman, who have lately escaped from Southampton, where they were prisoners of war. If he can take them, he will be well rewarded.
	P. ¼. S.P. Dom., Entry Book 104, p. 202.
Same.	2. To the Commissioners of Victuals.
	The soldiers going to the West Indies must be at short allowance. The number of them is not 1,400, as was at first intended.
	P. ¹/8. Ibid.
30 Jan.	3. To the Prince's Council.
	In view of the enclosed news [which is not entered] I suggest that the Blackwall, as well as the Resolution, should convoy the transport ships not only to Barbados, but further till they join the men-of-war now in the West Indies.
	P. ¹/6. S.P. Dom., Entry Book 209, p. 11.
31 Jan. Portsmouth.	Colonel Gibson to Nottingham.
	I have been at Southampton and applied to the Mayor and other justices there. Jackson was before us, and also those who carried him and the French captain to Gosport, who cannot tell what they [Jackson and Coshart] did till they [the others] came and fetched them back the next day. I cannot yet find, but must discover what they [Jackson and Coshart] did during the day they were at Gosport, but I fear they were not idle. Depositions which I send shew that in Guernsey and Jersey they are much afraid of him; and, if he be got over, I am afraid they will have a bad neighbour of him. This captain knows all our creeks [?], banks and sounds as well as any Englishman, and is more dangerous in consequence. Those poor masters of Jersey and Guernsey ask that they may have better convoy in future.
	The Mayor was in doubt as to whether to put Jackson into custody or not. I then showed him for the second time your lordship's orders to me and said that if Jackson had been anywhere in the county, [so] that I could act as justice of the peace, I should have put him in the county jail; and called on him to imprison and supersede Jackson. They promised this.
	Pp. 2. (Hol.) Endd. S.P. Dom., Naval 118, 24.
Jan.	Note (fn. 25) for the Divident for January, 1703.
	The figures on the left are 11l. 6s. 8d.; those on the right 46l. 6s. 8d.
	P. ¾. Endd. S.P. Dom., Anne 2, 33.