Martiis, 28 die Junii;

Decimo Gulielmi 3tii.

Prayers.

Privilege.

A PETITION of Dame Sarah Bassett, Widow and Relict of Sir William Basset Knight, deceased, was presented to the House.

And the same relating to Sir Edward Hungerford, a Member of the House; who not being in the House;

Ordered, That the Petition do lie upon the Table until Friday Morning next: And that Sir Edward Hungerford do then attend in his Place; and the Petition be then read.

Privilege of a Member in a Suit.

A Petition of Don Phelipe de la Guerra, Agent and Consul from his Catholick Majesty, on behalf of the Executors of the last Will and Testament of Sir William Godolphin Knight, deceased, Subjects of his said Catholick Majesty, residing in the Kingdom of Spain, was presented to the House:

And the same relating to Charles Godolphin Esquire, a Member of the House; who not being in the House;

Ordered, That the said Petition do lie upon the Table until Mr. Godolphin do attend in his Place.

Ship Ruby.

An ingrossed Bill, that the Ship, called the Ruby Prize, formerly called the Entreprenant, taken as Prize, may have a Freedom of trading as an English-built Ship, was read the Third time.

Resolved, That the Bill do pass: And that the Title be, An Act, That the Ships, called the Ruby Prize, and Plymouth, may have Freedom of trading as English-built Ships.

Ordered, That Mr. Gery do carry the Bill to the Lords, and desire their Concurrence thereunto.

A Member to attend.

Ordered, That Sir William Brownlow do attend in his Place, upon Thursday Morning next: And that the Petition, relating to him, which lies upon the Table, be then read.

Duties on Whale-bone.

A Petition of the Company of Merchants of London trading to Greenland was presented to the House, and read; setting forth, That the Fishing-Trade to Greenland hath always been esteemed an advantageous Trade to this Nation; and that, for the Recovery thereof, they have sustained, at least, 50,000 l. Loss: That, by Two Acts of Parliament made in their Behalf, no Duty for any Blubber, Oil, or Fins, by them imported in any Ships, should be paid: And praying to be heard at the Bar of the House, before the Bill do pass for laying 6 d. per Pound on Whale-fins.

Ordered, That the said Petition do lie upon the Table until the said Bill be read a Second time.

Supply Bill; Duties on Whalebone, &c.

The Bill was read a Second time.

Resolved, That the Bill be committed to a Committee of the whole House.

Resolved, That this House will, To-morrow Morning, resolve itself into a Committee of the whole House, to consider of the said Bill.

Ordered, That the Consideration of the said Petition be referred to the said Committee: And that the Petitioners do attend the same; and be heard thereupon To-morrow Morning.

Desberough's Share of Prize.

Mr. Arnold reported, from the Committee, to whom the Petition of Captain Desborough was referred, the Matter, as it appeared to the said Committee; which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same was read; and is as followeth; viz.

It was admitted, That Captain Desborough was Commander of the Mary Gally; and that such a Squadron was sent to Newfoundland, as in the Petition; and that his Majesty gave such Prizes as they should take, amongst them, for their Encouragement; and that several Prizes were taken, in their Cruisings, after their Arrival at Newfoundland; but not to be distributed, as Captain Desborough alleged.

Captain Desborough said, That, about the 7th of June, the said Squadron arrived at Newfoundland; and, about the 15th, a Division went out a cruising, and took a Prize half-laden with Fish; and another, of about 160 Ton, laden with Wine, Brandy, Provisions, and Cloaths for Soldiers and Officers; and, about the 20th of June, returned to Saint John's:

That, about the 2d of July, another Division went out to cruise; and, on the 5th, took Two Prizes, Merchant Ships, coming from France, under the Convoy of Monsieur Nesmond, which cost 40,000 l. as the Prisoners said; and were laden with 700 Bales of Linen and Woollen Cloths, 600 Hogsheads of Claret, and 4 or 500 Hogsheads of Brandy; besides several other rich Merchandizes, and Plate:

That, the 19th of July, they returned, with those Prizes, into St. John's Harbour, and fell to plunder them; and put the Goods on board the Monk, Portland, and Guernsey; which were so crowded, that they were incapable of fighting, and could not be timely cleared, in case an Enemy had come to attack them:

That, about the 23d July, Four English Prisoners made their Escape from Mr. Ponti's Five Ships, who appeared, the 21th, off the Harbour of St. John's; and the Petitioner's Boat took them off the Shore; and examined them in the Boat; and all of them gave an Account, That they had escaped from Ponti, who was come from Cartagena, very richly laden, and very weak of Men and Provisions: And, the same Day, the Petitioner carried them before Commodore Norris, who examined them; and, at first, told him the same Story; but being, afterwards threatened, they varied in their Informations, and thought they had committed a Crime, in escaping from the French.

(fn. 1) [That the Petitioner expected his Share of the Prizes, being in Company when they were taken; but neither he, nor his Ship's Company, had any.]

To prove this Matter, he called

William Essex: Who said, That several Days he saw Prize-Goods, both Wines and Brandy, carried on board the Monk and Guernsey; and that a Fair was kept on board the Monk, for Sale of the Goods, where he has seen Four or Five Inhabitants of the Place at a time (fn. 2) [a buying]; and also Fishermen:

That he was several Days on board the Monk; and she was so pestered with Prize-Goods, between the Decks, both before and after the Four English Prisoners gave an Account of Ponti's being on the Coast, that the Seamen had not Room to manage the Guns, in case they had been attacked.

And, being asked, What Quantity of Goods he thought might be on board the Monk? he said, He could not tell; but believed there might be about 30 or 40 Tons.

Mr. Edward Tanner said, That he was Surgeon of a Transport-Ship, lying in St. John's Harbour; and was aboard the Monk, and Guernsey, which was very much pestered with Prize-Goods; of which he bought some; and was drinking in the Surgeon's Cabin, between Decks, which was very much crowded with them, and also the Gun-room, when the Report was of the Enemy's being on the Coast.

Stephen Rainsford said, That he was on board the Monk, and Guernsey, at the Time Ponti appeared on the Coast; and, between the Decks and the Guns, they were so stored with Prize-Goods, that the Men could not traverse the Guns, if attacked; but he was not down in the Hold.

Tho. Smart, Cockswain of the Monk's Boat, said, He saw several Bale-Goods brought on board the Monk; but does not believe, there were so many stored between the Decks, but that they might be put into the Hold upon Occasion; nor does he know what Goods were in the Hold, tho' he lies there; nor what Quantities between the Decks.

John Huntington said, That many Prize-Goods were brought on board the Monk, and other Ships: That the Goods on board the Monk lay so between Decks, and on the Quarter-deck, and abast the Mast, being Hogsheads of Wine and Brandy, that when it was said, that Ponti appeared before the Harbour, the Guns before the Mast could not play; but that the Hold was not so full but it would have received them.

Being asked, If the Goods belonged to the Officers, or the Men? he answered, To both; but the Men were cheated of their Shares; and several Complaints were made, that their Wine and Brandy was drawn out; tho he cannot say any Complaint was made to Commodore Norris.

Thomas Philliter said, That great Quantities of PrizeGoods, of Hogsheads of Wine and Brandy, and BaleGoods, were stored on board the Monk, Guernsey, and other Ships: That he was in the Monk; which was so overstored, abast the Mast, that she could not be cleared in time, if she must have fought: That her Hold was so full of such Goods, that there was not Room enough for Provisions.

Charles Hasfeild said, That he was often on board the Monk; and did see so many Prize-Goods stoved between Decks and the Guns, that they could not be traversed at the time when the said Five Ships appeared.

Nicolas Harman said, That he was often on board the Monk; where he saw about Ten or Fifteen Hogsheads and Quarter-Casks lie upon the Deck, to serve the Men with; which he believes might be removed out of the Way on Occasion; but he did not see any Bale-Goods in the Hold.

John Symonds said, That he was that Morning, when the Five Trench Ships appeared, on board the Monk; and saw Bale-Goods, and Wine and Brandy in Casks, in the Steerage; which he believes might have been cleared, in an Hour and Half; and that the Enemy could not have come up with them in less than Two or Three Hours; but those Goods, then, so lay in the Way, that the Guns in the Steerage could not be traversed without removing the Goods: And said, 'tis not usual to stow Goods in the Steerage, but in the Hold.

John Bayly, Quarter-gunner of the Monk, said, That he was quartered in the Powder-room, in time of Service; and that he saw therein several Bales of Goods, Five QuarterCasks of Brandy, and Two of Wine, lying close to a Chest of Cartridges filled with Powder; but knows not by whose Order they were put there; but believes they belonged to Lieutenant Bass and the Master; and saw several Longboats full of Bale-Goods, carried from on board the biggest of the Two Prize-Ships: That there were about 150 Men on board the Monk, who had a Quart of Wine per Day, for about Thirty Days, ordered them, of the PrizeWines; and they had also some small Dividend of PrizeGoods; the Informant receiving the Value of about Forty Shillings.

It appeared to the Committee, That what Bayly called the Powder-room, was the Filling-room, over the Powder-room, where nothing but the Ship's Rubbish lies; and is never used as a Powder-room, but in time of Fight.

To prove Intelligence of Pontie's Squadron,

Mr. Shuttleworth, a Merchant, said, That, he being in a Merchant-Ship, at Carbonere, the 24th of July, One Captain Scomberbatch, an English Prisoner taken by Ponti, who came on Shore there from Consumption-Bay, to get fresh Provision for Ponti's Squadron, being informed of Commodore Norris's Squadron at St. John's, delivered a Letter to Mr. Edwards and the Informant, for Captain Norris, acquainting him, That they were Monsieur Ponti's Squadron, from Cartagena, richly loaden, and weakly manned; and that, That was the Time to make himself, and serve his Country: That the said Edwards and the Informant crossed the Bay in a Boat, being chased, and like to be taken, by the French; and, the 24th of July, delivered the Letter to Captain Norris: That, afterwards, the Informant offered to go, as a Fisherman, to Pontie's Fleet, in Confirmation of the Report he had given; but a Council of War was called, wherein it was generally agreed, That the Five Ships were Part of Nesmond's Squadron; as appeared by Captain Norris's Orders, given to Captain Desborough, when he was sent out for Intelligence.

That, on the 26th Day of July, he went out with Captain Littleton in his Long-boat, near Carbonere; and took 25 French Prisoners; about Eight whereof, Captain Littleton examined separately in French, by Shuttleworth's Interpretation: who all agreed, That they were belonging to Ponti's Ships, who was very richly laden, and weakly manned; and, rather than they would starve, ventured into an Enemy's Coast for Provision: Of which Captain Norris was acquainted; who thereupon called a Council of War the 28th; wherein it was resolved not to pursue the French Fleet.

Captain Desborough said, That he, on the 24th Day of July, was ordered to go to Sea, to gain Intelligence of the Enemy; but could not get out of the Harbour till the 26th: That he was present at the Council of War held the 24th; when the Question was put, That our Squadron should go to Sea, and gave his Reasons for going to Sea, and fighting the Enemy; but Captain Norris, as he remembers, and the Generality of the Captains, were not for going to Sea; and Captain Drake, Captain Littleton, and Captain Roffee, were always against it; and thinks it did not come to Captain Norris his Turn, to declare his Opinion; he not signing in his Presence, as most of the others did.

28th July, He saw Five Sail of French Ships, in Conception-Bay: One of about 80 Guns, with a Flag at Main-top-mast Head; the others of about 70, 60, 50, and 45 Guns, apiece; which they viewed fairly, being about Four or Six Miles Distance; and, the same Day, got into St. John's, and acquainted Captain Norris therewith, at a Council of War then sitting; and offered divers Reasons for going to Sea; but his Intelligence was not believed.

The same Day he was ordered out again, to get further Intelligence; and, on the 29th, he saw Four Lights, it being thick and foggy; they were near them, and made them to be the Enemy, standing E. by N. and bore after them; the sternmost fired a Gun, and all the Lights were put out, upon a Signal; and so lost Sight of them in a Fog; and, on the 31st, went into St. John's with the Boat; and gave this Account to Captain Norris.

Desborough's Share of Prize.

That the same Day he was ordered out again; and, on the 2d of August, took on the Bank, a French Ship, of about 70 or 80 Ton, belonging to Nants, having nothing in her but Salt to cure Fish: That, on the 18th of August, off Cape-Pine, he described 15 Sail of French Men of War, and Fire-ships, and came within 3 Guns Shot of them; and kept them Company till they could get about Cape St. Mary's, to go into Placentia; and, on the 9th, got into St. John's with the Boat; and gave Captain Norris an Account of his last Cruize.

To prove his Cruisings,

John Stoneman, Master of the Mary Galley, produced his Journal: which, he said, is true, and was made at the times, as the several Observations happened:

And Captain Norris also delivered in a Copy of Captain Desborough's Journal, from the 26th of July to the 9th of August last; which agrees in Effect with the Master's.

11 August: That a Court-Martial was held on board the Monk; where the Petitioner was tried for his Neglect of Duty, and Breach of Orders, and dismissed of his Employment, as Commander of the Mary Gally; and Captain Cleasby was put into his Room: And the Petitioner desired to return to England in the Mary Gally, but was denied, the Cabin being taken up by Two Women, who had been Prisoners: That, afterwards, he went on board the Lime, whereof Captain Trevanion, his old Acquaintance, was Commander; where he was civilly treated till he made Complaint of his hard Usage: and then he was told, that Captain Norris had ordered him to be set on Shore, if he made such Complaints; whereupon, he betook himself to his Prize that he had taken; which was very unfit for a Voyage; and was unfortunately cast away on the Coast of Ireland; where he lost all his Papers, and was in great Danger of being drowned.

To prove Embezzlement of the King's Stores; he called, William Essex: Who said, That several Stages were built, and covered with the King's Sails, for curing of Fish that was caught; and was sure, that some Fish that was so made, was put on board a Prize-Ship called the Bullet, taken by the Monk; and Provisions were also taken out of the Monk; and put on board the Prize, which was afterwards sent away to be sold.

Stephen Rainsford said, That the Stages were fixed with the King's Nails, Sails, and Materials to cure Fish; which, after it was made, was put on board the said Prize-Ship, and sent to the Straits to be sold; and the Ship was also fitted up with the King's Stores; and manned with the King's Men:

That a Stage for curing Fish, called the Lyon Stage, was built with the King's Materials, and kept by Captain Dove: And that he saw the said Prize-Ship hauled up and cleaned by several of the King's Men; and afterwards she was sent away to be sold with Fish.

William Clark said, That the Portland Boat was out a-fishing for Commodore Norris his Use, as the Men told him.

Captain Desborow said, The Men might have been better employed for his Majesty's Service, in keeping their Ships clean, and in Order, and by going ashore to help make the Fortifications.

In Answer to all which Charges;

First, As to the Prizes, and Distribution and Stowage; Captain Norris said, That though his Majesty had given them such Prizes as they should take, the Prizes were distributed according to his Instructions, and an Act of Parliament for that Purpose:

That the Ships were never so pestered with Prize-Goods, but that they might have been ready to fight on any Occasion; and none of the Goods being taken out of the Hold of the said Two Prizes, till after the Five French Ships had left St. John's Harbour.

Desborough's Share of Prize.

Captain Smith, a Land-Officer: That he was on board the Monk the 22th, when Ponti appeared in the Offing-of St. John's Harbour; and is sure the Ship was not then pestered with Prize-Goods; every Thing being so clear, that the Guns might play any Way; and at all times might be cleared, as Occasion required: That once, upon a Suspicion of the Enemy's attacking them, his Chest, wherein all his Linen was, standing upon Deck, was put down in the Hold; at which he was very angry, because he believes, there was not 10 l. worth of Goods then aboard.

Lieutenant Harvey, his Lieutenant: That his Cabin was between Decks on board the Monk; but he saw no Incumbrance of Goods, at any time, to hinder the Guns or Men; only, some small Quantities at a time, while they were distributed to the Men.

Captain Stapleton said, He was between Decks on board the Monk; and that he never saw, at any time, upon the Deck, more Goods than would lie on the Table before the Committee: And that no Goods were taken out of the Hold of the said Prize-Ships, till after the Enemy had left St. John's Harbour; tho' he believes, the Men might take some small Matters from between Decks before that time; but great Part of the Prize-Goods were returned into the Prize-Office.

Samuel Jones, Master of the Monk, said, That not One Bale of Goods, nor a Cask of any Thing, was taken out of the Prize-Ships till about the 26th of July; which was Three or Four Days after the Enemy appeared before St. John's Harbour; tho' perhaps the Men might take some little Matters between Decks.

Captain Littleton and Lieutenant Hubbert confirmed the same.

As to the Value of the Prizes, and Quantity of the Goods; Captain Norris said, there was not above the Value of 6,000 l. taken out of the Two Ships, which was distributed amongst the Persons to whom it belonged; the rest of the Goods being returned into the Prize-Office.

Captain Stapleton said, That there was not aboard the said Prize-Ships when they were taken, above Two hundred Thirty Bales of Goods, which were designed for the Canada Trade; and consisted of coarse Linen, coarse Blankets, and old Shoes; and might be worth about Four or Five Pounds per Bale: And that Captain Desborow bought some of the Linen, at 6 d. per Yard.

Captain Littleton said, That there were several Hogsheads of Nuts taken on board the said Prizes; and that some of the Bales consisted of old Shoes, and old Stockens, and Brass Rings, and Glass Beads; and believes, that the whole Value of the Gods taken out of the Prize-Ships could not be worth above 6,000 l.; which was shared according to every Man's Proportion.

Captain Roffee also confirmed the same Matter.

Samuel Jones said, That he took an Account of the Bales taken out of the said Prize-Ships, which were between Two hundred Twenty, and Two hundred Thirty; and thinks they could not be worth above Four or Five Pounds per Bale; and all the Goods that were shared, not in Value above 6,000 l.

Lieutenant Hubert said, That he saw several Goods and Things of small Value shared amongst the Men.

Captain Norris informed the Committee, That the Captains of the English Squadron, before they lest England, met together; when it was proposed, That what Prizes soever should be taken, should be shared amongst them; but Captain Desborow was utterly against it, and made a separate Agreement for that Purpose with Captain Trevanion Commander of the Lime; because, as it was imagined, they were the best Sailers:

Captain Trevanion said, That he made such Contract with Captain Desborow; and believes, he was not for shareing with the rest, because he sailed better than they.

Captain Desborow owned the Agreement with Captain Trevanion: And said, That Captain Norris, Captain Littleton, Captain Stapleton, and Captain Roffee, shared Prizes between them.

It was admitted, That Intelligence was given of the Enemy, by the Four Prisoners, by Cumberbath's Letter, also by the Twenty-five French Prisoners, and by Captain Desborow; but not in such Manner as aforesaid.

Captain Norris said, That the Prizes taken on the 5th of July, were Merchant Ships, coming from France, under the Convoy of Mr. Nesmond's Squadron; consisting of 15 Sail of Men of War; bound for Placentia, as the Prisoners informed:

That on the 21st of July, several Sail, supposed to be the Enemy, were seen in the Offing: Whereupon, our Ships all moored in a line of Battle, and boomed the Harbour:

On the 22th July, the Regiment, upon a Report, That several Indians, with the French, intended to attack them, by a Council of War was received on board:

The 23th, the Four English Prisoners were brought on board the Monk; and examined; who telling different Stories, little or no Credit was given to them, having been taken but the Day before they escaped; and never on board the French Men of War:

And, on the 24th, a Council of War was called; wherein it was generally agreed, That, in Consideration of the said Five Ships, and a Report of more being seen to the Southward, they were Part of Mr. Nesmond's Squadron; and that a clean Frigate should make their Squadron: And, accordingly, Captain Desborow was ordered out for that Purpose:

That afterwards, the same Day, he received an Express, from the Masters of several Merchant-Ships at Carbonere, of Five French Men of War being seen off there; and thereupon, he called another Consultation, whereat they were adjudged to be Part of Monsieur Nesmond's Squadron: And, upon the Question put, Whether or no our Squadron should go to Sea; every Man signed his Vote to his Name; and it passed in the Negative.

That Captain Norris said, He could not say, who were for fighting, or who not; but, he is sure, he then, and on all other Occasions, voted to go to Sea; and did sign the Paper for that Purpose with the rest.

To prove which;

Captain Dove said, That, on all Occasions, Captain Norris was ready for, and voted, to go to Sea; and particularly, at the said Consultation of the 24th of July; when there was a Division.

Captain Stapleton said, that Captain Norris (fn. 3) [always] shewed (fn. 4) [great] Willingness to engage the Enemy, whether Ponti's or Nesmond's Squadron.

Captain Wade said, That Mr. Norris was always very forward to go out; and that, at the Council of War, of the 24th July, he divided upon the Question for going to Sea.

Captain Littleton said, Captain Norris, at that Council of War, declared for going to Sea so publickly, that Captain Desborow must needs hear him: and that he always was for fighting the Enemy: And the Sea-Officers were generally for fighting, but the Land-Officers generally against it.

Captain Braxton, Captain Hargrove, Captain Smith, all Land-Officers, said, That, Captain Norris always shewed an extraordinary Willingness to engage the Enemy.

Captain Norris said, That, upon the Receipt of Captain Scomberbatch's Letter, he called a Consultation the 25th of July; and, upon the Debates of his Letter, wherein he says, he came from on board Monsieur Ponti, and is said to be returned to him again, it was believed that Monsieur Nesmond was come into the Country; and that Cumberbatch was sent a-shore for their Service: So it was agreed that their Squadron should continue in St. John's, till further Intelligence.

Captain Littleton said, That he took the 25 French Prisoners, and examined several of them; who said, they belonged to Ponti's Squadron, and came from St. Peter's Island, to buy Provisions: But the next Day they were carried before Commodore Norris, and examined at a Council of War; and then they said, They had not been at St. Peter's: And, upon other Intelligence, both by Sea and Land, it appearing at the said Council of War, held 28th July, That the said Squadron was to rendezvous, at Placentia; and, when they lay off St. John's Harbour, they had fair Winds to go to Placentia, yet plied to the Northward, and went into Consumption-Bay, and staid there some time, knowing of our Strength; it was very probable Monsieur Nesmond was at Placentia, or upon the Coast of Newfoundland: And, upon Debate of the Matters; and that the publick Service might suffer greatly by dividing the Fleet and Land Forces, in case their Com munication should be prevented: it was agreed, That our Squadron should not sail in Pursuit of the French Fleet:

That, the Day before those Prisoners were taken, Captain Doyley, Commander of an English Gally, saw a clean Frigate of about 60 Guns, belonging to Nesmond's Squadron, who also chased Doyley as he said, take an English Merchant-Ship near the Bank.

Captain Norris said, That Captain Desborow's Intelligence of Ponti, to the Council of War held the 28th July, was looked upon to be but a slight Account: So he was ordered to Sea again.

Captain Dove, said, That the Council of War could not believe, that Captain Desborow could be within Nine or Ten Miles of Ponti, by the Account he gave of his Bearings on the Cape, and Time of the Day, when he said, he was within Four or Six Miles, and fairly saw them; for that, Captain Norris's Lieutenant being then out in his Long-boat, and within Four Miles of the said Ships, at the same time Captain Desbrow said he was within Four or Six Miles, as appeared by both their Journals; yet the Lieutenant could not tell what to make of them, other than that they were Five Sail: And Captain Desborow, being then asked, whether it was a Swallow-Tail Flag, or not, that he saw, said, He could not tell.

Captain Stapleton, said, That the Mary Gally came in Four or Five Hours before the Long-boat; so that it was presumed, Captain Desborow had not been near enough to discover the Enemy.

Captain Norris said, That, as to Captain Desborow's Second Intelligence, of the 31th of July, of the said Five French Ships, he was afterwards, viz. on the 11th of August, tried by a Court-Martial for Neglect of Duty, and Breach of Orders; for that, though the Enemy made false Fires, and put out their Lights, being Signs of Fear, yet Captain Desborow went to Carbonere, and did not give Intelligence thereof till Three Days after, when he might have done it the next Morning; for which he was dismissed from his Employment.

That Captain Desborow was, after his said Neglect of Duty, sent out to gain further Intelligence of the Enemy; because there was never another clean Ship in the Squadron fit for that Service; and for that, it was thought, he might be the more diligent, being told of his Fault; and, accordingly, brought such an Account, as he before alledged, of the 15 Sail of French Ships.

Captain Norris also said, That he always acted according to a Council of War, pursuant to his Instructions, without any particular Prejudice to Captain Desborow.

Captain Desborow said, That after he had lost Ponti in a Fog, it pouring down Rain, and it being before resolved not to fight him, he went to Carbonere to learn Intelligence of him; where, going ashore, the People, for Joy that he was gone, fired several Guns, and drank the King's Health; and then the Petitioner drank Confusion to those that were not for fighting Ponti: And said, That if he had committed a Fault, he hoped it was only an Error in Judgment, his Orders being to return in Three Days, which he did.

To answer the Charge of Embezzling Stores;

Captain Norris said, That he did not give any Encouragement for the Men to fish, any otherwise, than that it was thought, by the general Approbation of the Officers, to be for his Majesty's Service, that they might take some Fish, their Provisions being very short; but denied, That he had any Share of what was caught, or gave Orders for their Fishing; though he believes, 'tis usual for Men of War to fish, in some measure, when they come there:

That all the Fish laden on the Prize-Ship, that was taken by the Monk, was bought with his own Money; and sent to Portugal to be sold, there being no Buyers at Newfoundland, nor other Seamen, than what belonged to his Majesty's Ships, who are commonly put on board Prize-Ships, but not to prejudice the Service.

As to the other Matters charged by the Petitioner, after his Dismission;

Desborough's Share of Prize.

Captain Norris said, That, upon Application made by Captain Trevanion, in behalf of Captain Desborow, he said, That he desired to come to England in the Mary Gally; to which Captain Norris replied, That he might so do with all his Heart, or in any other of the King's Ships; But, the Cabin of the said Gally, being taken up by an English Merchant, and his Wife and Daughter, who had been taken Prisoners by the French, Captain Desborow went on board the Lime, Captain Trevanion Commander, where he was very civilly treated; yet he was frequently making Complaints of his ill Treatment: And, Captain Trevamon telling Captain Norris of it, he bid him set Desborow ashore, in case he continued railing: And he desired, That he might have the said Prize Ship he had taken; Captain Norris freely gave her up to him, with all his Right therein; and ordered the several Captains of the Squadron to furnish him with what Stores he should want, and they could spare, for fitting up his said Ship, to be deducted out of his Pay; but knew nothing to the contrary, till he came to England, but that Captain Desborow did come home in the Lime.

Captain Trevanion affirmed the Truth of this Matter to the Committee; and said, That he brought Captain Desborow's Books and Papers to England, on board the Lime.

Captain Desborow: That he never before heard of Captain Norris's Civility to him, in that Nature; and owned that Captain Trevanion brought home his ShipBooks and Accounts; but that he had lost all his private Papers, when he was cast away.

Also the Petition of Geo. Shuttleworth Merchant, which lay on the Table, was read:

And a Debate arising thereupon;

Resolved, That the Debate be adjourned till To-morrow Morning.

Impeachment of Goudet, &c.

A Message from the Lords, by Mr. Justice Blinco and Mr. Baron Hatsell:

Mr. Speaker.

The Lords have appointed to proceed upon the Tryals of John Goudet, and others, upon the Impeachments against them, on Monday Morning next, at Ten of the Clock in the Forenoon, in Westminster-hall.

And then the Messengers withdrew.

Conference with Lords.

A Message from the Lords, by Sir Richard Holford, and Mr. Pitt:

Mr. Speaker,

The Lords do desire a present Conference with this House in the Painted Chamber, upon the Subject-Matter of the Impeachments against John Goudet, and others.

And then the Messengers withdrew.

Resolved, That this House doth agree to a Conference with the Lords, as the Lords do desire.

And the Messengers were called in; and Mr. Speaker acquainted them therewith.

Ordered, That the Members who managed the last Conference, do manage this Conference.

And they went to the Conference.

And, being returned;

Goudet, &c. pleads guilty.

Mr. Clarke reported, That they had met the Lords at the Conference: And that the Earl of Bridgwater managed the Conference: Who acquainted them, That John Goudet, David Barrau, Stephen Seignoret, Rene Baudovin, Nicholas Santini, Peter Diharce, Merchants, and John Peirse Gentleman, being Seven of the Persons who stand impeached by the House of Commons, have severally, at the Bar of the House of Lords, relinquished their Pleas and Answers to the Articles of Impeachment against them, and have confessed themselves guilty; which Confessions their Lordships have recorded; and have ordered them to be taken into Custody.

Supply Bill; Duties on Whale-bone, &c.

Resolved, That this House will, To-morrow Morning, after the Committee for the Bill for taking away half the Duties laid on Stone and Earthen-wares, and Tobaccopipes; and for granting, in lieu thereof, new Duties upon Whale-fins, and Scotch Linen; resolve itself into a Committee of the whole House, to consider of the Bill to prevent the Frauds and Abuses of Distillers, and others chargeable with the Duties upon Low Wines, and Spirits.

Mercurii, 29 die Junii;

And then the House adjourned till To-morrow Morning, Ten a Clock.

Decimo Gulielmi 3tii.

Prayers.

Ship Sally Rose.

Sir Cloudesly Shovell, according to Order, presented to the House a Bill to give Leave to the Ship Sally Rose, formerly taken as Prize, to arrive, and import her Lading, and to trade as an English built Ship: And the same was received.

The Bill was read the First time.

Resolved, That the Bill be read a Second time Tomorrow Morning.

Privilege of a Member in a Suit.

Mr. Godolphin attending in his Place;

The Petition relating to him was read; setting forth, That in an Act, passed this Session of Parliament, for establishing the Administration of the Goods and Chattels of Sir William Godolphin Knight, deceased, it is by a certain Proviso therein contained, Enacted, That after the several Legacies therein mentioned shall be satisfied, out of the personal Estate of the said Sir Wm. such other Legacies of him, other than are for superstitious Uses, as shall be made appear to be devised by Writing, or by any Nuncupative Will, reduced into Writing since the 10th of March 1695, shall be paid out of the Residue of his personal Estate, provided such Will appear before the 24th of June 1699, unless prevented by the Administrators; and, if not appearing by the said 24th June, then such Residue to come to the Administrators: And praying, That the said Mr. Godolphin may be obliged to wave his Privilege, to the End the Petitioner may prove Sir William's giving Legacies agreeable to the said Act.

And he was heard thereunto.

Raising the Militia.

A Message from the Lords, by Sir Miles Cook and Sir Lacon William Child:

Mr. Speaker,

The Lords have agreed to the Bill, intituled, An Act for raising the Militia for the Year One thousand Six hundred and Ninety-eight, although the Month's Pay, formerly advanced, be not repaid, without any Amendment.

And then the Messengers withdrew.

Duty on Scotch Linen.

A Petition of Henry Raper, and others, Merchants in London, trading to Scotland, in behalf of themselves, and many other Merchants, and Traders in Manufactures, of England, was offered to the House; relating to the Duties laid upon Scotch Linen:

And the Question being put, That the Petition be received;

It passed in the Negative.

Return of Juries at Assizes.

Ordered, That a Message be sent to the Lords, to put them in mind of the Bill, intituled, An Act for the more easy Return of Juries at the Assizes and Sessions.

Ordered, That Sir Marmaduke Wyvell do carry the said Message.

Supply Bill; Duties on Glass, &c.

The House, according to Order, resolved itself into a Committee of the whole House, to consider of the Bill for taking away half the Duties lately imposed on Glasswares; and the whole Duties lately laid on Stone and Earthen-wares, and Tobacco-pipes; and for granting, in lieu thereof, new Duties upon Whale-sins, and Scotch Linen.

Mr. Speaker left the Chair.

Sir Thomas Littleton took the Chair of the Committee.

Mr. Speaker resumed the Chair.

Sir Thomas Littleton reported from the said Committee. That they had gone through the Bill, and made several Amendments thereunto; which they had directed him to report, when the House will please to receive the same.

Ordered, That the Report be made To-morrow Morning.

Duties on Low Wines.

Resolved, That this House will, To-morrow Morning, resolve itself into a Committee of the whole House, to consider of the Bill to prevent the Frauds and Abuses of Distillers, and others chargeable with the Duties upon Low Wines, and Spirits.

Answer to Address.

The Lord Conningsby reported to the House, That his Majesty having been attended with their Address touching the City, Governor, and Garrison, of Londonderry, his Majesty was pleased to say, That he will take them into his Consideration, according to the Desire of this House.

And then the House adjourned till To-morrow Morning, Ten a Clock.