Anne: November 1702 | British History Online

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

'Anne: November 1702', in Calendar of State Papers Domestic: Anne, 1702-3, (London, 1916) pp. 283-324. British History Online https://www.british-history.ac.uk/cal-state-papers/domestic/anne/1702-3/pp283-324 [accessed 15 April 2024]

November 1702


	County.	No.of Surveyors.	Salary.	No. of Riding Officers.	Salary.	No. of Shallops.	Yearly Charge.

1 Nov. Whitehall.	Hedges' Letters.
	1. To Viscount Shannon.
	Summoning him to attend a meeting of the Lords of the Council at Lord Secretary Nottingham's office at 10 a.m. on November 2.
	Four lines. S.P. Dom., Entry Book 101, p. 259.
	2. To the Commissioners for Victualling the Navy.
	Similar to foregoing.
	Four lines. Ibid.
	3. To the Attorney General.
	Queen's command:— Prepare a proclamation for a General Thanksgiving for the success of the Queen's forces by land and sea this year, especially of her forces under the Earl of Marlborough in the Low Countries and of the fleet and forces under the Duke of Ormond and Sir George Rooke; and attend the Council with it at 6 p.m. to-morrow. It is intended to celebrate it on one day in London and Westminster and throughout the country on another. Please to leave blanks in the draft accordingly.
	P. ½. Ibid, p. 260.
2 Nov.	Resolution of the Judges.
	On the Act of 25 Car. II, cap. 2 (regarding Popish Recusants):—Where there is a commission and an oath of office to be taken, the sacrament may be taken within three months after the date of the commission or after taking the oath of office, and the oaths and test may be taken the next term or next sessions after the date of the commission or taking of the oath of office. Where there is no oath of office to be taken, the Commissioners may take the sacrament within three months after the date of the commission or after their doing the first act by virtue of the commission, and may take the oaths and test the next term or sessions after such date.
	P. ½. Copy, with copies of signatures of twelve judges. Endd. S.P. Dom., Anne 1, 87.
2 Nov. Abd. [Aberdeen.]	Alexander Ker to William Keith.
	I send you a list of the persons elected for all Scotland. We reckon the burros [boroughs] to be 34 or 35. If the D[uke] of H[amilton] could fall upon a way to secure Proves [Provost] Allardeis (fn. 1) to his party for the interest of the Queen and country I think it might be a fit time; for if he once engage[s] he will not be readily broke; but I fear him to be of Seafield's party. The barons [i.e. county members] are 56 or 60. I hope they will prove true to the service of the Queen and country.
	There is a report here that when D.H. [the Duke of Hamilton] came to London he was informed that the Parliament of Scotland was to be adjourned to 6 April, 1703; that he had an audience and pointed out to the Queen the danger of so long an adjournment, and that she promised to recall the order for it, and gave orders to the Duke of Queensberry for it. I am told the proclamation of adjournment lay at Edger [sic] ten days before the proclamation [i.e. before it was issued] but no stop came, so it is thought that the other party is prevailing. I should be greatly obliged if you would let me know once a week how things are going.
	P. ²/3. Signed. Add. to Mr. William Keith, c./o. Mr. Strachne, bookseller, at the sign of the Golden Bell, over against the Royal Exchange, London, with cryptic endorsement, and postmarks.
	Also marked pd. 3[d] to Ed[inburgh]. S.P. Scotland, Series II, 1, 11. Enclosing:—
	a. List of Barons [for shires] and Members for boroughs returned to the Parliament of Scotland.
	For this see the Return of Members of Parliament (1878), Vol. III, pp. 598–602.
	Pp. 1¾. Ibid, 11a.
3 Nov. Admiralty Office.	Josiah Burchett to Richard Warre.
	I am to inform you that several store ships and transport ships have come to St. Helen's with three men–of–war that have arrived there from the fleet of Sir George Rooke; so that Lord Secretary Nottingham may take orders from the Queen as to what is to be done with these and others expected "suddenly" home with Sir George Rooke himself. It is unnecessary and expensive that they should remain longer at Spithead if they are not needed. The soldiers are reported very sickly and should be put ashore if the Queen's service will allow it.
	P. ¾. (Hol.?) Add. to Warre as Secretary to Lord Secretary Nottingham. Endd. S.P. Dom., Naval 6, 138.
3 Nov.	J. Macky to [Nottingham].
	I have not exceeded your instructions in the matter of exchange of prisoners. The Commissioners for exchange of prisoners have ceased treating with Count de Mornay and gave in a scheme for a cartel of their own to the Council last Friday which, when approved, must be sent to France by some one. I may be able to do much service if I am allowed to go over. I have lived at Dover in good reputation ever since the Peace of Ryswick. I must have your approval or I am undone.
	My packet-boats cost me 3,000l., and they being now laid aside by the war, I am ruined unless I have your protection.
	I was never a party man, and have always done my best under the several Secretaries of State that did govern the Southern province. As director of the packet-boats at Dover I shall always try to serve you. Details.
	Pp. 1½. (Hol.) Add. Enddp. S.P. Dom., Naval 117, 53.
3 Nov. Admiralty Office.	Proposals for Manning the Fleet in 1703.
	Five first-rate ships require in harbour 100 men each and to make up their middle complements 3,250. For eight secondrate ships the figures are 100 men each when in port and 4,400 to make up the middle complements. For eight third-rates the figures are 800 and 3,120.
	The twenty-five fourth-rates in pay bear each 50 men supernumerary to the complements, and the fifteen fifth-rates each 40. Total of these two, 1,850.
	The total number of men wanted to make up the middle complements of the ships of the first three rates mentioned above is 10,770. (fn. 2)
	It is proposed to raise these in the following way:—
	Those borne on the ships in harbour and as supernumeraries on the fourth– and fifth-rates to be put into the ships						3,950
	Twenty-five fourth-rates to be reduced to their middle complements, which, at 29 men each, is						725
	Fifteen fifth-rates to be likewise reduced at 20 men each						300
	Marine soldiers						5,000
							9,975
	So that there will want but 805 men to man the whole fleet to their middle complements.
	By this means there will be borne about 4,000 men as supernumeraries and in the ships in harbour in ordinary, which, at 45s. a man a month for wages and victuals, comes to 9,000l. a month.
	P. 1. Endd. "R. enclosed from Mr. Burchett," with date. S.P. Dom., Naval 111, p. 529.
3 Nov. Whitehall.	Hedges to Colonel John Gibson, Lieutenant–Governor of Portsmouth.
	Stop the execution of sentence on John Evans, who lies under sentence of death for desertion. The Queen has signed a warrant for respiting the execution till 11 November; but it is not ready to go by this post.
	P. ¼. Add. to Gibson or, in his absence, to the Commander-inChief at Portsmouth, and all others concerned. S.P. Dom., Entry Book 101, p. 260.
Latest date, 4 Nov.	Documents relating to the Disorders at Port St. Mary's.
	1. The Judges' opinion as the proper way of dealing with those responsible for the disorders was considered by the Queen in Council.
	Order, 30 October, 1702. The Judges to consider whether those persons may be brought to trial by Court– Martial on board the fleet before they arrive in England.
	P. ⅓.
	2. Opinion of the Judges.
	They answer the above question in the affirmative after con sidering the Duke of Ormond's commission. The Queen's Serjeants, Attorney and Solicitor General and all the civilians at Doctors' Commons concur. Martial law may be exercised on the high seas before the ships return to this realm for offences committed by land forces on land beyond sea, if the expedition and authority of the General continue. The words "according to the late Act of Parliament" contained in the General's commission did not confine his jurisdiction to cases of offences mentioned in that enactment, but only applied that Act to procedure in the Courts which he assembles.
	P. ¾. Dated, 4 November, 1702.
	3. Commission to the Duke of Ormond.
	Gives him power to issue rules and regulations and to punish with death or other penalties those who violate them, after trial by a Court-Martial, which he may assemble as he thinks right "pursuant to the directions of a late Act " (fn. 3) for punishing mutiny and desertion. Power to appoint a Provost-Marshal to use and execute the usual duties of that office. The Queen has appointed a Judge Advocate to attend the said Court-Martials and see that the proceedings are in order. If he is sick or dies the Duke may appoint another in his place. Power to replace all officers who are removed or executed by a decree of the Court. Power to order payment for the officers &c.
	Pp. 2. Dated, St. James', 12 April, 1702. In all pp. 3¾. All copies. Endd. S.P. Dom., Naval 117, 54.
	This concludes the documents relating to this case.
4/15 Nov. London.	Count De Morney to Nottingham.
	I hear that the French prisoners are dying every day in prison. This obliges me to ask you if what has been arranged here about exchange will be sent over there; for I must make some answer to M. de Pontchartrain. I am trying to do all I can to clothe these poor people, &c. Pray send me the project [for an exchange] if it has been settled, that' I may send it to France. Pray allow the means to settle this matter. I take the liberty to ask urgently for an answer. I ask your attention for my letters of 2 November.
	Pp. 1½. In French. Signed. Endd. Ibid, 55. Enclosing:—
	M. Latour Montfort to [Count de Mornay].
	The King has just sent me a power to treat for a general exchange of prisoners with M. Mackay, director of the packet-boats, who is to come here. As I know you have a like power, pray tell me what you have done, that I may not interfere with anything you have begun. Please send your answer to M. Minet at Dover, to be forwarded to M. Pigaulle, merchant, at Calais.
	Pp. 1¼. (small). In French. Dated, Calais, 5 Nov. [n.s.]. Signed. Endd. S.P. Dom., Naval 117, 55a.
4 Nov. Admiralty Office.	An Account of the Condition of Her Majesty's Ships.
	Gives a detailed account of the state of repair of all the ships under repair and of those building and re-building, and of those that lie up in harbour, excluding those now in sea pay. States the harbour in which each vessel is, her rate and name, when the shipwrights' works may be completed, when the rigging may be ready and stores on board if the seamen attend, and makes observations on the repairs and fittings of the vessels.
	Gives list of the vessels lying up at Deptford, Chatham, Woolwich and Portsmouth, stating when they may probably be completed if taken in hand.
	Pp. 2½. Columns with details. S.P. Dom., Naval 111, pp. 533–5.
4 Nov. Whitehall.	Nottingham's Letters.
	1. To the Prince's Council.
	Her Majesty approves the proposals for a cartel at sea with France and Spain prepared by the Commissioners for Sick and Wounded and sent by Mr. Burchett. If you have no further objections, you are to deliver them to the Count de Mornay; but the Queen would have an article added to them that any agreement made by any master of any English merchant-ship for his liberty on terms in excess of those in the cartel shall be void.
	P. ²/3. S.P. Dom., Entry Book 104, pp. 153, 154.
	2. To the Commisioners of Sick and Wounded.
	To consider and report upon the letters from and to Count de Mornay, which are herewith. To consider also and report on inland places where prisoners of war may be kept more safely than at seaport towns.
	P. ¼. Ibid, pp. 149–150. Enclosing:—
	1. Count de Mornay to [Nottingham].
	I send a letter received from M. Cochard (fn. 4) concerning some French prisoners of war who have been killed and wounded for a cause which seems to me very slight. I ask justice for them and for six or seven other French prisoners who have been long kept in prison at Plymouth. They were not taken by the English but by a Flushing privateer, which put them ashore where they were seized for having, it is said, spoken objectionable words. They deny the charge, but even if it is true, I do not think that they should have so long and severe a punishment.
	P. ¾. French. Dated, London, 2 November, 1702.
	2. M. Coshert (fn. 5) to Count de Mornay. (fn. 6)
	Since I wrote last there has been a terrible disorder in prison. The prisoners have been complaining for three weeks of having no straw on which to sleep. They complained to the Mayor, but got no relief. The prisoners, knowing that there was straw in a neighbouring house in which captives were going to be kept, should their numbers increase, resolved (ten or twelve of them) to go and sleep there, hoping to be more comfortable. They did this without disturbance for three days. On the fourth one of the servants of the jailor, seeing that they were doing so, tried to get them out with violence. He called to the guard, who came, and with their sergeant leading them, killed one prisoner and wounded seven dangerously. One was cruelly wounded six times in the body. I complained to the Mayor, who assembled all the justices, who sent and express to Portsmouth. The person most to blame is the sergeant. There were many English witnesses of the deed, but I fear we shall have no justice. The inhabitants seem very [well?] intentioned towards the prisoners. I hope this kindness will last. Details.
	Pp. 1¾. Dated, Southampton, 1 November. In all pp. 2¾. S.P. Dom., Entry Book 104, pp. 150–3.
5 Nov. Admiralty Office.	Josiah Burchett to Richard Warre.
	Sends orders to one of the two ships at Plymouth to take Lord Secretary Nottingham's packet to Lisbon. As the wind now is ships cannot get out of Plymouth, and it may be better to send the packet from Falmouth. The Prince's Council wish this considered.
	P. ½. (Hol.) Endd. S.P. Dom., Naval 6, 139.
5 Nov.	[Richard] Hill to Same.
	Pray let Lord Nottingham know that the Prince of Hesse has arrived in the Downs; and perhaps you may wish to delay the express for Lisbon till you hear what he says.
	P. ½. (Hol.) Add. Endd. S.P. Dom., Anne 1, 88.
General date, 7 Nov.	Documents relating to the Provisioning of Transports for Colonel Ross' Regiment of Dragoons and others.
	Memorial from the Officers "commanding the respective regiments of this embarcation."
	The regiment of dragoons of Colonel Ross and the recruits of the regiments of Lumly. Wood, Wyndham and Schonbergh were embarked on 28 May. The squadron of Lord Arran's with the regiment of Royal Scotch Dragoons were refused to be embarqued on the same day by the Commissioners of Transport and were not embarqued till the following Saturday. This occasioned the losing of a good wind to the whole convoy. The regiments first embarked suffered from heat of weather and short provisions. The Commissioners had not put sufficient hay on board, and what they put on board was bad. The provisions shipped were so bad that on several ships the cheese and beer could not be used.
	It is asked that the embarkation of the whole be on one day, the allowance for each horse enlarged, the Commissioners ordered to put good food on board, and some time allowed for refreshing the horses on shore, they having suffered very much by the late embarkation.
	P. 1. Endd. "Read 7 Nov., 1702." S.P. Dom., Anne 1, 89.
	Certificate by the undersigned Officers.
	We, who command the several troops of dragoons of Colonel Ross' regiment, certify that the provisions put on board the ships for the regiment were very bad. The hay was short and the small beer very bad. In spite of all care the provisions could scarcely be made to last six days, though we almost starved our horses. We were forced to send ashore to the Isle of Sheppey for hay.
	P. ½. Signed (autograph) by Hu—Caldwell, John Hill, William Ross, John Johnson, Alexander Abercromby and Daniel Donagon. Ibid, 90.
	Same by James Logan, Nathaniel Fish, Richard Allen, Joseph Hare, Henry Wright and John Bertis.
	We are masters of the ships appointed to transport Colonel Ross' regiment of dragoons and certify [corroborate generally the foregoing].
	I, James Logan, master of the Benjamin, certify that of the hay put aboard me I weighed ten trusses, which weighed between 36lb. and 40lb. each truss. The number of trusses was 136, and these had to satisfy 68 horses for ten days. The beer was so bad that the men could not drink it. I complained to Commissioner Roope of this before we started, and he promised to send in some extra hay, but never did.
	I, Nathaniel Fish, master of the Mary and Sarah, certify that of the hay put aboard me I weighed three trusses. Of these one weighed 35lb., one 38lb., and one 45lb. I received 124 trusses for 62 horses for ten days. The beer was too bad to drink, and much of the cheese "insufficient." (fn. 7)
	We, Joseph Hare, master of the Centurion, Henry Wright, master of the William and Mary, Richard Allen, master of the Olive Branch, John Bertis, master of the Exchange, certify that the hay put aboard us was taken out of the same lighters as the other hay was, and presume it was of the same weight. Corroborate foregoing as to cheese and beer, and also bread.
	P. ²/3. Signed by those named in the heading. The last paragraph signed by four officers. S.P. Dom., Anne 1, 91.
	This concludes the documents relating to this case.
7 Nov. Admiralty Office.	Josiah Burchett to Richard Warre.
	Reports the arrival of several ships loaded with provisions at Spithead from the fleet. The Navy Board propose to victual the ships at Spithead with some of them and to put the rest ashore at Portsmouth, so as to discharge the transports, which are expensive. Proceeds:—Lay this before Lord Secretary Nottingham, that the ships and provisions, if not needed, may be disposed of as suggested.
	P. ¾. (Hol.) Endd. S.P. Dom., Naval 6, 140.
Same.	Same to Same.
	The Prince's Council have to-day received the Queen's commands that the galleons, and all ships containing anything taken out of the galleons, be sent up the Thames to London. Orders have also been issued that all 70, 60 and 50 gun ships are to be cleaned and refitted at Portsmouth and Plymouth. Many of these Sir George Rooke has, we understand, left with Sir Cloudesley Shovell at Vigo, and probably they have goods aboard them which were taken from the galleons. Are such ships to go up the river, or should they transfer their booty to other ships and go to Portsmouth for cleaning, as aforesaid ?
	P. ¾. (Hol.) Endd. Ibid, 141.
7 Nov. Whitehall.	Nottingham's Letters.
	1. To the Commissioners of Transport.
	Queen's command:—You shall order the horse to be disembarked wherever they arrive if their ship is detained by contrary winds or cannot have a convoy to escort her up the river.
	P. ¼. S.P. Dom., Entry Book 104, p. 154.
	2. To the Earl of Carlisle.
	Has recommended Colonel Fetherston to the Queen as Lieutenant-Governor of Carlisle. The Queen has signed his commission.
	P. ¼. Ibid, p. 155.
	3. To Lord Sherrard.
	The Queen has approved the list of Deputy-Lieutenants for Rutland submitted by him.
	P. ¼. Ibid.
8 Nov. London.	Count de Mornay to [Nottingham].
	I have received from the Commissioners clauses for a cartel, have had them translated into French, and am ready to send them to-morrow if you wish it. Pray give leave to send the project from Dover on an English ship to Calais or let M. Gratton, who is here with me, take it.
	I hear that twenty prisoners at Plymouth are dead and fifty in hospital. They poison one another, being greatly crowded. [Details.]
	Pp. 1½. French. (Hol.) Endd. S.P. Dom., Naval 117, 56.
9 Nov.	J. Macky (fn. 8) to Nottingham.
	Officers to take the cartel by Calais, which is the quickest way to France. Wishes to redeem a packet-boat and some sailors who have lain there since the declaration of war. Details.
	P. ¾. (Hol.) Ibid, 57.
9 Nov. St. James'.	Royal Warrant to the Attorney and Solicitor General.
	To prepare a bill &c. for the renewed commission to rebuild St. Paul's Cathedral. (fn. 9)
	Pp. 2⅓. S.P. Dom., Entry Book 350, pp. 276–8.
Same.	Same to the Commissioners of Prizes.
	David de Neufeville, Mathew van Beek and other subjects of the United Provinces shew that, before the war, they had insured 45 pieces of brandy laden at Bayonne on the Three Friends (Gerret Kuyper master), which, when going to Amsterdam was seized by a French man-o-war and retaken by Captain Andrew Douglas, commander of the Norwich. The brandy has been condemned in the High Court of Admiralty as good prize. They have asked for a grant of our share of the "neat" proceeds from the [sale of the] brandy. We grant this petition. When the brandy is sold, pay them a sum equal to the "neat" proceeds of our share.
	P.1. Ibid, pp. 278, 279.
9 Nov. Whitehall.	Nottingham to the Lord Lieutenant of Ireland.
	The Queen has appointed a solemn day of thanksgiving for the success of her fleets and armies this year, and has issued a Form of Prayer therefor and a proclamation. I send you the form and proclamation.
	Direct the Lords Justices of Ireland to appoint such a day of public thanksgiving throughout Ireland, to be observed with the usual and proper solemnities.
	P. ½. S.P. Ireland, Entry Book 3, p. 36.
10 Nov. Whitehall.	Nottingham's Letters.
	1. To the Prince's Council.
	I transmit the information against Captain Holman, with Mr. Attorney's report upon it, that you may report to her Majesty what you know of this matter, with your opinion as to what may be done.
	Also note—Enclosed were the Mayor of Plymouth's letter to Lord Secretary Nottingham and the informations on oath of Benjamin Lewis and Richard Humbly against Captain Holman, dated Plymouth, 20 October, 1702.
	P. ½. S.P. Dom., Entry Book 104, p. 155.
	2. To the Officers of the Ordnance.
	The Queen, having seen the documents, desires the steps taken in the last war for defence of Bridlington to be taken now. Give orders accordingly.
	Also note— Enclosed were a letter from Burchett to Warre of 27 October and a letter from Bridlington asking for guns and stores for their defence.
	P. ¾. Ibid, pp. 156, 157.
	3. To Colonel Collier.
	Recites former letters and repeats:— You are commanded to permit the four French gentlemen and two merchants mentioned in your letter to return.
	P. ½. Ibid, p. 157.
10 Nov. Cockpit.	Proceedings of the Commissioners for the Union with Scotland.
	Commissions read. Speeches of the Lord Keeper and Duke of Queensberry. Interchange of Commissions.
	[See Acts of the Parliament of Scotland, Vol.XI, Appx., pp. 145–8.] S.P. Scotland, Series II, 2, pp. 7–14.
11 Nov. Admiralty Office.	Account of the Condition of Her Majesty's Ships.
	Similar to that of 4 November, 1702, supra. Gives details of work done [apparently between 4 and 11 November] on the various vessels.
	Pp. 2. S.P. Dom., Naval 111, pp. 525, 526.
11 Nov. Whitehall.	Hedges to Colonel Gibson [Lieutenant Governor of Portsmouth].
	Stop the execution on John Evans. (fn. 10) The Queen has signed a warrant for respiting sentence on him till her further pleasure be known; but it is not ready to go by this post.
	P. ⅓. S.P. Dom., Entry Book 101, p. 261.
Same.	Nottingham's Letters.
	1. To Captain Atkinson.
	Yours of yesterday. Admiral Churchill tells me that orders have gone for the transport ships to remain at Spithead until further orders.
	P. ¼. S.P. Dom., Entry Book 104, p. 158.
	2. To Captain Leake.
	Congratulates him on his success at Newfoundland.
	P. ¼. Ibid.
12 Nov. Vienna.	Bond.
	We, Thomas Lediard and Zacharias Sedgwick, of London, merchants, acknowledge ourselves and estates bound to be answerable to the Hon. George Stepney, her Majesty's Envoy Extraordinary at the Imperial Court, on account of the security which he had given for me, Sedgwick, by reason of a lawsuit depending between me and Christopher Hazzi concerning the taking of accounts. Within six months of this date we undertake to annul this bill and to provide new sureties in case the said lawsuit be not at an end.
	P. 1. Copy (small). Signed (copies) and sealed in the presence of Thomas Gangani and Hugh Hughes, who also sign (copies). Endd. S.P. Dom., Anne 1, 92.
13 Nov.	Walter Devereux to Nottingham.
	My proposal (with regard to frauds committed on the coast of Kent &c.) being referred to the Admiralty by your lordship's favour, I went on Tuesday to Mr. Churchill to know what time I should attend their Board, and he answered me very short and told me "that he would not concern himself with it and that he told your lordship so before, and bid me go with my owleing to the Commissioners of Customs, for it was their business and not his." I was surprised to hear such language from one in his post, especially as the Queen has so earnestly recommended it to the House of Commons to take care to prevent the exportation of wool, and [expressed] her own readiness to give all due encouragement for that purpose.
	I think my proposal for this purpose is the best, and hope for the Queen's favour for it, on no recommendation except yours and that of my Lord Rochester. His lordship has promised to give me all favour, being well satisfied with my proposal and certificates.
	Mr. Henry Baker, who has the management of the coasts of Kent and Sussex, though he only comes there once or twice a year, has had the face—I hear [details]—to set forth in a petition to the Queen and Council that he has stopped exportation in Kent and Sussex, and pretends to do the same throughout the Kingdom, whereon the Commissioners of Trade have ordered him to draw up heads for a bill to be presented [to] a Committee in Parliament. That your lordship may see the falsehood of these allegations I send you an account which I had from one of the transporters, who can give undeniable proof of its truth; and says this is not a quarter of what was transported by him and others in the latter part of the late reign, and all within a distance of seven miles or so.
	I beg leave to let your lordship know what I have done to discover those on the coasts near me that hold correspondence with France, which, I think, will do the Queen service.
	P. 1. (Hol.) Add. Ibid 93.
13 Nov.	Sir Henry Bellasyse to [Nottingham].
	Sends a petition which he came too late to deliver to the Queen in person.
	P. ¹/8. (Hol.) S.P. Dom., Anne 1, 94. Enclosing:—
	Petition of Sir Henry Bellasyse to the Queen, shewing that:—
	Some persons have spread a scandalous report that your petitioner had been guilty of plundering the people of Port St. Marie's in Spain; and that this [his action in doing so] has since been represented to your Majesty as prejudicial to your service in those parts, and the cause why the design upon Cadiz miscarried. The said report is groundless, though highly reflecting on your petitioner's honour and very injurious to him.
	Prays that the Queen will examine the matter in order that he may have an opportunity of vindicating his honour before her.
	P. ½. Signed. Ibid, 94a.
[Same.]	Remedies Proposed by John Haynes for the more Effectual Preventing the Export of Wool.
	1. That no wool be conveyed by water to or from any place in England, except from the islands belonging thereto to the mainland thereof.
	2. That such a number of shallops and boats be appointed to guard the navigable rivers and such officers in the maritime counties as is provided in a scheme for that purpose.
	3. That a farthing in the lb. be laid on wool, which will bring many thousand pounds to the Queen, pay the officers, and defray all charges incident for preventing the exportation of wool.
	4. That the wool allowed the Isles of Jersey and Guernsey be reduced to the same quantity as by the Act of 12 Charles II.
	5. For preventing the exportation of wool from Ireland—that no wool be conveyed from Ireland to England without convoy to see it safely delivered in England.
	6. That if a tax be put on wool, a method of collecting it will be proposed which will effectually detect exportation. The tax to be paid by the clothier and manufacturer, the same being their general consent and desire.
	P. 1. Signed by Haynes. Ibid. 95. Followed by:—
	Table of Officers needful to prevent the Export of Wool.
	They shall have 90l. a year salary, as in Kent and Sussex. Each officer shall keep an able horse and man to ride with him and be a witness to his actions.
	The table is as follows:—
			£		£		£
	Northumberland	1	150	15	1,350	2	200
	Cumberland and Westmoreland.	1	150	7	630	2	200
	Durham (Bishopric)	1	100	4	360	1	100
	Yorks	1	150	7	630	2	200
	Lancashire and Cheshire..	1	150	11	990	3	300
	Lincolnshire	1	150	8	720	2	200
	Norfolk	1	150	8	720	2	200
	Suffolk and Essex	1	150	10	900	3	300
	Kent	1	150	10	900	3	300
	Sussex	1	150	9	810	2	200
	Hants	1	150	10	900	3	300
	Dorset	1	150	8	720	2	200
	Devon	1	150	8	720	2	200
	Cornwall	1	150	10	900	4	400
	Total	14	2,050	125	11,250	33	3,300
	The whole yearly charge amounts to 16,6001.
	Note.—For the fitting out of two frigates and four armed sloops by the Admiralty was paid 23,920l. exclusive of the charge of the Office of Ordnance; and for fitting out three of same by the Treasury was paid 2,760., and the charge of riding officers for one year was 2,890l These accounts were ordered to be laid before a Committee of Parliament in the month of January, 1698/9.
	For the counties of Kent and Sussex, &c. [imperfect].
	In all pp. 2. Endd. with date. S.P. Dom., Anne 1, 95a.
13 Nov. Whitehall.	Hedges to the Lord High Admiral.
	Her Majesty hears that Sir Henry Bellasye (sic) and Sir Charles Hara have broken the arrest they were put under by the Duke of Ormond. Command:—To order their suspension from their commands.
	P. ⅓. S.P. Dom., Entry Book 204, p. 356.
14 Nov. Whitehall.	Nottingham's Letters.
	1. To Mr. Blathwayt.
	The Queen directs that the garrison at Newfoundland be relieved by the next convoy; and this to be done every year or two at most.
	Will transmit Captain Leake's account of Newfoundland to the Council of Trade.
	P. ½. S.P. Dom., Entry Book 104, p. 159.
	2. To the Lord Treasurer.
	Queen's command:—To give directions for paying 60l. a year to Mr. Alexander Griffith as Attorney General of New Jersey.
	P. ¼. Ibid.
16 Nov. Admiralty Office.	Report by the Lord High Admiral.
	On reference from her Majesty, I have considered the petition of the "Court of Managers for the United Trade to the East Indies." It sets forth that they have received many advices from their factories and captains of their ships that the trade in the Indian Seas has become by reason of pirates dangerous to Europeans, and to the Indians, who have, "by order of the Great Mogul, seized the petitioners' factors and servants and imprisoned them at Surat and plundered their warehouses"; and at the same time demand a large further sum to make good the losses sustained by them [the Indians] by reason of pirates.
	" In consideration whereof and that the Mogul's troops are come down before Fort St. George and Fort St. David's, in order to ruin all the factories and settlements in his dominions in case they do not comply with his unreasonable demands, and that the Arabs of Muscat are of late years grown very insolent and without any reason have seized several ships belonging to this nation to a great value, and joined themselves to the Mogul's subjects in order to commit further depredations," they pray that some ships of war may be sent to India to protect their trade and suppress the pirates. The petitioners have "been discoursed thereupon," and desire two ships of 50 guns, one of 30 and a bomb vessel.
	If the service of next year will admit of these vessels being sent, I think they should be sent, and that as soon as possible.
	Pp. 1¾. Signed. Countersigned by Burchett. Endd. S.P. Dom., Naval 6, 142.
16 Nov. Guernsey.	Bernard Ellis to Viscount Hatton.
	Details as to debentures for old arrears.
	Proceeds:—A Portuguese ship was driven ashore on the 9th on the Vale. She is suspected to be Spanish and bound for Dunkirk. She is valued at 6,000l. We have 275 prisoners of war, which, with the privateers, will starve the island in a short time, if a frigate be not allowed us, which may bring provisions from England. The garrison is on very hard duty to keep these prisoners, there being no house to keep them in. I am still without instructions as to how to treat the French barks which have been detained here ever since 30 April. The Court is much excited about the dispute between Priaulx and Houil [?], as well as the difference they have with Sir Edmund Andros about the signing of contracts, which must both be brought before the Council.
	P. 1. (Hol.) Add. Endd. S.P. Dom., Channel Islands 2, 39.
16 Nov. Whitehall.	Hedges' Letters.
	1. To Sir Charles Cotterell.
	The Queen has resolved to give M. Nitz Schwutz [Nitzschwitz] his audience of leave on Wednesday night a little before 7 p.m. Give him notice of it.
	Three lines. S.P. Dom., Entry Book 101, p. 261.
	2. To Sir George Rooke.
	Command:—To send a report on all your proceedings from the time you arrived at Cadiz till you left. The Duke of Ormond is required to do the like before he lays it before the House of Lords. I hope you will have a good passage. All your friends here think that the sooner your health permits you to come to town the better.
	P. ½. S.P. Dom., Entry Book 204, p. 356.
	3. To Baron de Dier.
	Her Majesty will on your request receive your Excellency in audience to-day between four and five o'clock.
	Four lines, in French. S.P. Dom., Entry Book 101, p. 261.
17 Nov. Horse Guards.	George Clarke to Nottingham.
	As Sir Charles Hedges is ill, I write on behalf of the general officers, who desire to know the Queen's pleasure in relation to Colonel Stanhope and Lieutenant-Colonel Soames, whom they summoned as witnesses in their present inquiry into the action of Sir Henry Bellasyse and Sir Charles Hara in Spain. Colonel Stanhope declines giving evidence in the matter, alleging he was only a volunteer, that he went along with Sir H. Bellasyse and lived like a friend in the house with him; and he thinks it a great hardship to have to tell anything that may have come to his knowledge, by reason of Bellasyse's kindness. LieutenantColonel Soames says that he is ready to give evidence in any trial of this matter, but is of opinion that to speak at this inquiry would make him an informer, which he begs leave to avoid. Is it the Queen's pleasure that the general officers should give Sir Henry Bellasyse his charge before these gentlemen are examined?
	Pp. 1½. Signed. Endd. S.P. Dom., Military 3, 1.
17 Nov. London.	Count De Mornay to Nottingham.
	In regard to the English merchants arrested at Bayonne, M. de Pontchartrain says that if they are Englishmen who came to France since the outbreak of war they cannot complain of being detained; but that the King will release them as soon as the cartel is signed. He says that, in spite of your orders, many complaints come of the treatment of prisoners. I get daily complaints from Plymouth and Dover, which I send to the Commissioners.
	I have sent the proposals [for a cartel] by Holland, as you would not agree to their going by Dover.
	Pp. 1½. French. (Signed.) S.P. Dom., Naval 117, 58.
17 Nov. Whitehall.	Nottingham's letters.
	1. To the Duke of Ormond.
	The House of Lords have ordered your Grace to lay before them an account of the whole of your expedition, and have desired that the Queen's instructions to you and to Sir George Rooke be laid before them. I told their lordships that those instructions contained many other designs besides that on Cadiz, which might probably hereafter be put in execution, and that it would not be proper that these should now be published. Their lordships then asked that those parts only which related to Cadiz should be laid before them. I let you know of this that you may be pleased to frame your account accordingly. The Queen desires you first to lay before her an account of your proceedings from the time you landed at Cadiz until you reembarked your men, inclusive of your action at Vigo. This you must lay before the House of Lords, too, who have asked for an account of all that was done towards intercepting M. Chateau-Regnaud's squadrons.
	Pp. 1¼. S.P. Dom., Entry Book 104, pp. 160, 161.
	2. To the Commissioners for Trade and Plantations.
	Queen's command:—Her Hajesty has appointed the Earl of Peterborough Governor of Jamaica. If you want any additional instructions to be given him in this capacity, beyond those already presented by you in Council, you may lay them before her Majesty.
	P. ¼. Ibid, 161.
	3. To the Prince's Council.
	Queen's command:—To give orders for carrying Brigadier Seymour's regiment from where it shall arrive to Plymouth.
	P. ¹/6. Ibid.
	4. To Sir John Cooke, Advocate General.
	The Queen desires you, after perusing the enclosed, to report on Captain Holman's case.
	Encloses:—(a) The information of Benjamin Lewis, surgeon, given before the Mayor of Plymouth on 20 October, 1702, against Capt. Benjamin Holman, of the William and Mary galley, privateer, concerning his letting a Frenchman go who had with him several drafts of the English coast and paper books, some written in characters. (b) A like information by Richard Huntly, barber surgeon. (c) A letter from William Cock, Mayor of Plymouth, to Lord Secretary Nottingham, sending the aforesaid, announcing, that he had confined Holman and asking for orders. (d) An opinion of the Attorney General advising that Captain Holman be brought up to town and prosecuted if he can give no satisfactory account of the matters mentioned in the affidavits. The trial must be in the Admiralty Court (for an offence on the high seas), and there is not enough evidence to support a charge of treason. (e) A letter from the Prince's Council to Lord Secretary Nottingham, sending papers in justification of Captain Holman, and announcing that the Marshal of the Court of Admiralty would be sent to bring him up if the Secretary still thought he should be tried at an Admiralty sessions. (f) Captain Holman's letter giving an account of the matter. The person concerned was a French lad, aged 16, born of a Dutch father in Bordeaux, who had been to learn Dutch in Holland and was returning with a few books. He had no maps, and there was no suspicion of his being a spy. He makes reflections on the character and motives of the witness Lewis. His letter is attested by the officers of his ship.
	Pp. 1½. S.P. Dom., Entry Book 104, pp. 162, 163.
General date, 18 Nov.	Documents Relating to the Case of George and Thomas Finch.
	Petition of the Finches to Nottingham, shewing that:—
	Petitioners have long been traders to Spain and particularly to Port St. Mary's, where they settled a house for trade. This was managed by their partner, Mr. Edward Harding, lately residing there.
	On the treaty of "Reswick," petitioners, believing that a lasting peace had been made, sent out considerable effects of English commodities to their house at Port St. Mary's.
	As soon as they were informed of the Partition Treaty and afterwards of the King of Spain's will, your petitioners, anticipating a war, ceased to send out further goods, but gave immediate and repeated orders to their partner to send back all their goods by what way he could.
	However, owing to the size of their said trade and business, there was left at Port St. Mary when the English and Dutch forces landed there (notwithstanding all diligence used by their partner) goods, debts and effects in flota to the value of about 25,000 dollars.
	On 2, June 1702, by reason of the war, their partner was obliged, for safety of their goods, to place them in trust and custody of Don Juan del Camino, as appears by the instrument of which a copy is annexed.
	Their partner informs them by a letter dated 2 October, 1702 (a copy whereof is also annexed), that Camino's house was plundered by the English and Dutch forces, by which means all the said goods and all the notes and obligations for their debts and effects in flota were utterly lost.
	They can bring such evidence as may be desired to support these allegations.
	They pray that their case may be laid before the Queen and that they may have such relief as their case deserves.
	P. ¾ (large). Signed. Dated as in margin. S.P. Dom., Anne 1, 96. Enclosing:—
	a. Deed of Assignment between Edward Harding and Don Juan del Camino.
	The Assignment is as mentioned in the covering letter. It states that:—
	Harding has long been a partner with the Finches and agent for his said "company" in London and has recently, in view of current affairs, tried to collect their goods, wind up their affairs and return to London to give an account.
	In spite of his diligence certain goods still remain here, which are the property of his company. They are nine pots of musk (weights given), two cedar cases with sundry of his [or his principals'] books, linen and writings, two debts due from Eugenio de Paz Faxardo of Audugar, William and James White, of this city[details];and also a bond of adventure executed by John Joribio de Cossio and Franco de Composano of this city, to be repaid at the return of the flota [details], an invoice for woollen goods, a note made by John Baptista de Sassos, and other bills signed by John Baptista de Yiera, John del Camino, George John Jacome, Michael de San Jestevan, John Antonio Moreno, Robert de la Haya and— Marion and Cornelius Everaert, (fn. 11) which amount in all to the value of 20,995 ps. exos. [dollars?] odd over and above the two debts.
	These he puts into the hands of Mr. John del Camino, and confiding in his wisdom, reputation, fidelity and credit, constitutes him possessor of the whole and also real depositary and administrator, to the end he may receive the sums due, and sell the musks at the best price and give receipts. If the depositor dies before the end of this concern, account must be rendered to his company or their heirs or legatees without disturbance by the depositor's heirs.
	And John del Camino accepts the trust reposed in him and undertakes to discharge it and acknowledge the receipt of the aforesaid goods, bills &c.
	Pp. 1¾. If. (Copy.) Signed (copy). Dated, Port St. Mary's, 2 June, 1702. Headed, "Translated out of Spanish." Ibid, 96a,
	b. Edward Harding to George and Thomas Finch.
	It is a long time since I heard from you and, if you have written since, never expect they will come to hand. Details as to bills sent to London. Proceeds:—I have sold all your concerns and made over what I could not at that time recover to D.J.C. At that time I was morally assured I should be able to recover all in, but the unhappy arrival of our fleet has frustrated all my expectation and, but for my duty, I would forbear to give you the following sorrowful account.
	On August 23 our fleet arrived, spreading themselves from St. Phelipe towards the back-side of Cadiz, near the river of St. Peter; by which working all people supposed they would attack Cadiz that way. Upon this there was a Council of War held, but the day following they removed and came into the Bay of Bulls, landing their soldiers and train of artillery in Rota and Canvelos, which alarmed exceedingly our town of St. Lucar; for we had continually messages every day from the English camp that they would soon be with us, and it can hardly be expressed "the cries and uproars that were among us, and the hazards that some of us Englishmen underwent at that juncture, who were then retired to the College of St. George"; but instead of going to St. Lucar they bent their course to Port St. Mary's and entered the town without any opposition on 1 September, and remained in it 23 days. The Duke of Ormond then drew near the town and made about three hours' stay to see if any principal men of it would come to him; but finding that the people of all degrees forsook their habitations, he went forward "without the least intentions to plunder, it being contrary to the tenor of his declaration he spread before his entrance. But there were some principal officers in our army and the Dutch, well known for their covetousness, who contradicted the Duke's orders, encouraging their soldiers to plunder, which they performed the very day they went in, in an extreme manner, not leaving behind them anything of value. In the time they were in Port they detached some of their soldiers and mariners to Port Royal and took possession of that place, and from thence they pretended to take the Mata Gorda, that thereby they might the more easier enter Pontales, but, after nine or ten days battering before it and loosing some men, finding it too hot work, they gave their design of taking Cadiz quite over," and last week drew off and re-embarked their men, who are now safe aboard and ready to go back to England, save only seven or eight men-of-war bound (as some say) for the West Indies.
	"Thus has ended the great design of our fleet and land soldiers—who have been so long time preparing—with only the carrying away (for the major part) their countrymen and allies' goods." Moreover, they have made it impossible for us to recover any of our debts standing out in the country or concerns in the Judges (fn. 12); for many of the Spaniards are quite undone, and the others, if they are knavish, will have a good cloak for their pretence. I think they have done in this case too much or too little. If they had attacked Cadiz at first, as many thought they would, 'twas very feazable they might be masters of the place, and they would have humbled the Spaniards' proud spirits, and our commerce would hereafter have had from them all due respects; but in regard our fleet lost that great enterprize, I think they did too much in plundering Port St. Mary, where their countrymen and allies were more concerned than the Spaniards, and I am afraid they[the Spaniards ?] will soon charge us with more than they lost.
	I am sensible some will say that the Spaniards deserved to be plundered for not coming in to the Duke and keep[ing]their habitations; but to this there were two hindrances. The first grinded very hard upon them, for upon the approach of the Duke of Ormond, the Captain-General and Correjidor proclaimed the whole town as traitors and subject to martial law if they did not follow them out of the town, which they all performed save only some few poor miserable families. The second hindrance is that "although there are many discontented people who are uneasy with the present Spanish Government, yet they thought it not prudence to be too hasty in siding with our arms until they had plainly seen our part successful by taking into their possession some strong place." Otherwise they might have been hanged when the[our] enterprize failed. The soldiers have made a very great havoc in the Scriv[ener's] office, taking out and tearing the registers, which will bring upon the commerce a very great confusion. They did not spare any books and papers of strangers, tearing and throwing them into the street. This may be of very ill consequence when the Spaniards return to their habitations, for if some that lie about the streets untorn fall into the Correjidor's hands he may inspect into strangers' concerns. The two chests marked R. 11 and 12, with all our books and papers and all my linen and wearing apparel suffered the same fate, for having sent our man Mr. Nicholas from this place to the fleet and from thence ashore into port in order to save them, upon his entering into Don J. C.'s he found all gone save only the journal, ledger and copy-books of letters, with some odd papers, which he brought home.
	'Tis reported there was no good understanding between our Admiral and the Dutch, nor their land officers and ours. I will in a very few days go hence to Lisbon, where I will wait and try to hear what has become of our scattered friends and debtors, and try to get in what they owe, in which I hope I will succeed better than I expect. However, if you think it better that I should return at once I will do so. I would not willingly be here an hour longer than I am serviceable.
	"Our fleet has left behind them such a filthy stench among the Spaniards that a whole age will hardly blot it out." We hear that they have decided that no convent, church or altars shall value the English or Dutch, and it is thought that in a little while the English Roman Catholics will fare no better. Their disgust is so great that I believe their resolution for searching out strangers' effects will be executed. Messrs. Batt and Hopkins have been in great trouble in Seville and have been imprisoned in their houses for not showing their books and papers. Mr. Batt, for bribes, was released [details]. I thank God I escaped their hands [details]. We have various reports [details] that the [Spanish] flota has arrived from Havana at Coruna or some other port in the Bay of Biscay. Don Juan de Vizarren, Regnoso and other Indians [West Indian merchants] have lost much of their own goods and of those of other nations which were entrusted to them.
	God grant you patience to bear your losses.
	Pp. 2. Dated, Faro, 2 October, 1702.
	P.S.—Ady, 5 October.—The above is a copy of what I wrote you via Lisborne. I have only to add that yesterday morning our whole fleet were seen off this coast "with a fair Levant." (fn. 13) So they may be with you before this. The Spanish flota is safe at Vigo, and some think that the sudden departure of our fleet was made with the object of surprizing the French ships that accompanied them to that port. We shall soon see what is the integrity of the Spaniards, but I doubt it much in view of the way they have been provoked.
	In all pp. 2⅓. (Hol.) S.P. Dom., Anne 1, 96b.
	This concludes the documents relating to this case.
18 Nov. Whitehall.	Nottingham to the Attorney General.
	The Queen approves of Captain John Levingston's being released, and of Lord Belhaven's being bail for him. Act accordingly.
	P. ¼. S.P. Dom., Entry Book 104, p. 172.
18 Nov. Admiralty Office.	Report by the Lord High Admiral.
	I have lately received a petition from several merchants trading to Portugal in which they say that there are nine large French ships cruising on that coast, and may be a greater force (besides privateers), making rendezvous at Vigo; and asking for an enlarged convoy since their trade to Portugal has increased since they originally asked for one of four ships.
	If it is thought right to strengthen the convoy as they desire, so as to make it superior to the aforesaid French squadron, there may be soon got ready six or seven 70 gun ships, and two or three more of 50 guns, with a small frigate or two for that service.
	Pp. 1½. Signed by the Lord High Admiral, and countersigned by George Clarke. Endd. S.P. Dom., Naval 6, 143.
19 Nov.	Address of the House of Lords.
	In favour of the Bishop of Worcester, Lord Almoner.
	For this address see Lords' Journals (England), Vol. XVII, p.168.
	Also the Queen's answer:—
	I have not yet received any complaint of the Bishop of Worcester and admit what the Lords say, but "look upon it as my undoubted right to continue or displace any servant attending upon my own person when I shall think proper."
	Also the Lords further resolve that no Peer should suffer any sort of punishment by any proceeding of the House of Commons "otherwise than according to the known and ancient rules and methods of Parliament."
	PP. 1¼.Copy. Endd. S.P. Dom., Anne 1, 97.
20 Nov. Sick and Wounded Office.	The Commissioners of Sick and Wounded to Nottingham.
	We believe Captain De Graton, who has just escaped, has got clean away and we cannot find that any of the prisoners who were in lodgings with him were privy to his escape. We have suspended the messenger, and warned his successor to be more careful.
	Pp.1 1/10.Signed by Lee and Herbert. Endd. S.P. Dom., Naval 117, p. 59.
20 Nov. Whitehall.	Hedges' Letters.
	1. To the Lord Treasurer.
	I take leave to remind you of Mrs. Greg, sister to the late King's Resident at the Court of Denmark, who died of a languishing distemper brought on by a journey he was ordered to take into Holstein. He was a very diligent and useful servant, and his debts are 1,000l. and more and near 1,000l. is due to him. The lady has to stay there till these debts are paid. Her condition is, I am told, very bad. The same is the condition of the rest of her Majesty's ministers abroad, who greatly want money.
	P. ½. S.P. Dom., Entry Book 101, pp. 253–4.
	2. To the Mayor of Southampton.
	John Sorre and Isaac de Vic, linen drapers, came into England on the Declaration of King Charles II and settled at Southampton, where they have since had full liberty and have plied their trade, living peaceably and paying their taxes; but the magistrates of that town have lately troubled them in their liberty. Queen's command:—That these men be countenanced and encouraged all that may be, they behaving loyally.
	P. ½. Ibid, p. 254. Also entered Ibid, p. 262.
20 Nov. Whitehall.	Nottingham's Letters.
	1. To Mr. Glasier, Proctor-General to the Lord Admiral.
	Sends enclosed re Holman. Queen's command:—To send them to you and that you "take care of" the prosecution.
	The enclosed were similar to those enclosed in the letter of 17 November, 1702 [above, p. 299]; and there was also one from Sir J. Cooke of November 19.
	P. 1. S.P. Dom., Entry Book 104, pp. 163, 164.
	2. To the Mayors of Rye, Harwich, Sandwich, Dover and Deal.
	To search, in their precincts, for Captain Graton, a Frenchman [accurate description given], secure him, and send word to London.
	P. ²/3. Ibid, pp. 164, 165.
21 Nov. Whitehall.	Hedges to [William] Lowndes.
	Count Guldenlew, Admiral of Denmark, who has been on board the fleet all the last summer, tells me that his baggage and some tobacco, which he brought from Vigo, are on a sloop of the Royal Sovereign at Chatham, and that the officers of the Customs refuse to let them be brought ashore. Get directions from the Lord Treasurer to the Commissioners of the Customs that they be discharged.
	P. ¼. S.P. Dom., Entry Book 101, p. 255.
21 Nov. Admiralty Office.	Report by the Lord High Admiral.
	Refers to his report of 18 November (above, p. 303). In answer to further reference, thinks the ships mentioned in it may be used for that purpose without prejudice to the public service in regard they will probably be back by February and be able to join the Grand Fleet or any other service.
	P. ½. Signed by the Lord High Admiral and countersigned by Burchett. Endd. S.P.Dom., Naval 6, 144.
21 Nov. Whitehall.	Nottingham's Letters.
	1. To the Mayor of Dover.
	I find nothing in the papers sent to justify a prosecution of Ambrose Johnson, but as he refused the oaths, and his intent might be to go into France, you must proceed against him as the Act directs and bring the matter before Quarter Sessions.
	P. ¼. S.P. Dom., Entry Book 104, p. 165.
	2. To the Commissioners of the Navy.
	On September 1, I wrote by the Queen's command to his Royal Highness's Council for directions to be sent to you to accept and Pay such bills as Mr. Broughton, her Majesty's Consul at Venice, should draw upon you for expenses incurred in taking care of poor English sailors, and also I directed him to send an account of his expenses when he sent the bills. [Details.] Have you received any such bill, and, if so, what have you done upon it? I desire to tell him.
	P. ½. S.P. Dom., Entry Book 104, pp. 165, 166.
	3. To the Mayor of Plymouth.
	Communicates the decision to prosecute Captain Holman. The papers are with the "Proctor" to the Lord High Admiral, who will direct what further is to be done.
	P. ½. Ibid, pp. 166, 167.
21 Nov. Sick and Wounded Office.	The Commissioners of Sick and Wounded to Nottingham.
	None of the sailors ashore at Rochester, Deal or Portsmouth have contagious distempers. A thousand men have been in quarters at Gosport and Portsmouth for a week and cannot be removed without danger, and about 500 more are ready to come on shore so soon as quarters can be got for them, which will be provided in a few days at Fareham and elsewhere. [Details.] The number of sick on shore at Portsmouth and Gosport before the arrival of those from Vigo was not above 240, of whom 190 will be discharged in a few days. At Deal 400 are sick, but few dangerously—only 16 deaths in ten days, and these of men who were ill-accommodated in their ships and past recovery before they landed.
	Pp. 1¼. Signed by Lee and Herbert. Endd. S.P. Dom., Naval 117, 60.
21 Nov. London.	Count De Mornay to Nottingham.
	I did not countenance M. de Graton's escape and knew nothing of it. I feel sure he will be reproved in France for escaping at this time of negociation. Pray believe me.
	Pp. 1¼. in French. Signed. Endd. Ibid, 61.
Latest date, 21 Nov.	Extracts from Letters [to ——] on the Plunder and Booty from Port St. Mary's and Vigo.
	From Mr. Clutterbuck at Portsmouth, October 23.
	The captain of the Flamborough refuses "modestly" to have some wine brought ashore. I see he has drawn some wine and brandy out in bottles and presume you do not mean to have such things on shore, which are of small value and only for common use. Moreover the captain says on his oath he bought the brandy of a Spaniard.
	An inventory was enclosed with details of wine, vinegar and cloth.
	From Sir George Parker, Portsmouth, October 24.
	Repeats information in foregoing paragraph as to the Flamborough. Proceeds:—Yesterday I went aboard the Pembroke, which brought the express from Sir George Rooke. I made a rough inventory of the booty there. There was cocoa, snuff and wine. [Details.]
	From Mr. Hook, Plymouth, November 17.
	To-day the transport Elizabeth and Mary (Thomas Braines commander) came in with dragoons aboard her. One of our officers went aboard her at once to search for plundered goods. I send the inventory: 13 pieces of linen, 2 pieces of kentin, about 7 yards of camlet.
	In the custody of Adjutant Scarfe [or Scaife]:—Seven pieces of kentin, a piece of linen about 10 yards, a parcel of toys in a small red silk bag, a bag of about 30lb. of snuff, about one yard of red damask silk, one silk fur gown, an old piece of brocado silk, an old piece of white silk, two pieces of old damask silk, a piece of old black velvet, two old velvet waistcoats, a small piece of scarlet serge, about eight yards of camlet.
	Other or similar details follow of goods found in the possession of Mr. Guest, Mr. Hollanworth, Mr. Bright, Captain Braines and the mate. Nearly all the booty is either cloth of some kind or cocoa, but the captain has "a picture without a frame" and "a small paper bag of china and glasses." The mate has "three little pippets" and "one image painted with gold."
	Mr. Bargrave writes from Deal on November 7 that he has searched thePlymouth (Captain Kirktown) and found only 6cwt. of snuff and 4cwt of cocoa.
	Mr. Hugh Jones writes from Falmouth on 7 November:—I confirm my brother's letters. I have landed the goods at the hazard of my life. If I had not "been back'd with all the packetboats' ment in arms to assist [I] could not repel the fury of the Dragoons." The goods are worth about 1,500l. Particulars will be sent later.
	His brother's letters mention several puncheons of linen, a great many boxes of snuff of good value on the Charity (commander James Burney). He has seized it and has put waiters on board the ship, but the captain refuses to hand over the goods till he sees the Prince's order for it. It may be proper to obtain this same, but writer will see in the meantime that no embezzlement be made and that the ship be stopped in harbour till the captain complies. This he will do when his brother comes back with the Prince's order.
	The inventory mentions 21 timber cases of snuff, five tin cases and six barrels of same, a bundle of whalebone, five puncheons of linen, eight bags of pepper, one barrel of indigo and other details.
	Mr. Manley and Mr. Hook write from Plymouth on 8 November.
	They deal only with the Elizabeth and Mary and say that about 10cwt. more of cocoa have been found on her.
	Mr. Charles Bargrave writes from Deal on 9 November:—
	The boat has been off and has brought ashore some goods, which are stored in the Custom House. As soon as possible to-morrow I will board every man-of-war and tender and first demand all the goods in the abstract sent me. Where these are refused I will take an account of the captain and ship and will then wait on the Admiral, from whom I have already obtained an order to all the commanders to deliver their plunder to me and assist me. After this, if the fleet do not sail, I will get a hoy or two and take out all the plunder I can. Meantime, I have put waiters on board. It is a full day's work for all of us to search one ship and our boats cannot clear one in one day.
	List follows of plunder taken from the Delight frigate (Captain Robert Spelman), the Lucy tender (Captain Evens) and the Mary and Margaret tender (master, Thomas Whales).
	Coarse "parragan," bags of cochineal, casks of pepper, frankincense, wool &c. [details].
	The master of the Mary and Margaret denied that he had any such goods on board; but, on search, they were found.
	Samuel Powell writes from Deal on 9 November.
	Reports taking plunder [details] out of the Willing Mind (John Winnecott, master), and the Speedwell (John Tibbard master). Out of Lord Portmore's baggage he took 25 pieces of plate (spoons, forks &c.), a bag of dollars (said to be 400), snuff &c. All has been lodged in the Custom House under three locks.
	Mr. Bargrave writes from Deal on 10 November.
	Reports goods taken from the St. George transport (Captain George Purvis) and warehoused. A pipe of white wine still remains on board.
	Mr. Jones writes from Falmouth on November 7, and reports various goods taken ashore which belonged to Captains Sherrard and Fitzpatrick and Major Lloyd; also wine from the Friends' Adventure (William Baldwin, master).
	Sir George Parker writes from Portsmouth, 12 November.
	We went yesterday aboard Sir C. Shovell to desire his assistance in securing the plunder. He showed us two orders from the Lord High Admiral, one ordering that nothing should be taken out of the men-of-war till further order; and another directing the plunder on board the men-of-war to be taken aboard five or six frigates, which should sail soon to the Downs.
	We yesterday secured some plate and money, which we met coming ashore in charge of some land officers' servants.
	Mr. Hooke writes from Plymouth, November 13.
	The dragoons are believed to have carried ashore many of the goods mentioned in my inventory of 1 November. This could not have been done had not the Customs officers refused to take anything ashore but what was marked and numbered by Sir George Rooke. Moreover, while I was denied in this way, one of the tide surveyors to the Customs last Wednesday brought ashore from the Elizabeth and Mary all the cocoa and what else remained of the inventory I sent you up, and put them into her Majesty's storehouse. I have since seen them weighed and inventoried. My orders from you cannot be carried out unless we and the Custom House officers co-operate heartily. On Wednesday the Susanna and Oriana transports came in, and to-day the Adventure and Lawrell ketches and the Griffin pink, all from Vigo. We have taken plunder out of them. The first two are full of plunder from Vigo, and the hatches sealed up by Sir C. Shovell. I have added my seal and put two waiters aboard pending further directions. Account follows of the plunder landed from the Elizabeth and Mary transport.
	Mr. Bargrave writes from Deal on 13 November.
	I send list of goods taken by himself and Mr. Powell from the St. John tender (Charles Crickett, master)—plate, snuff, iron &c. Two Custom House waiters and [an]other for the prize [were left] on board her.
	We called on board the Thomas and John (— Stephen master), and got a list of goods on board from the mate, the master being away. [Details of goods.] We put on board two Custom House waiters and one for us. We also boarded the Two Shreives transport (John Frost commander), and got an account of the plunder. [Details.] None were taken ashore. We also, on the 13th November, boarded the Benjamin transport (Philip Dumble [?] master), and took off plunder. [Details.] There was little wine left, the company having drunk of it all the way home. We also took some wine and salt out of the Honor's Adventure (fn. 14) storeship (Robert Bartholomew master). Other goods [details] were left aboard, the master promising to deliver them in London. The ship leaves the Downs to-day. Two Custom House waiters on board.
	Details follow as to the Providence transport (Nicholas Willis commander). The mate said the master had a cocquett for all these, but I shall to-morrow shew him his mistake. I have chartered a hooker to take off plunder and will do my best to prevent embezzlement. The goods are stored under three locks.
	Mr. Bargrave writes from Deal on 14 November.
	He encloses an account of the goods on board the Ruby (Alexander Kenton master), dated 14 November, all which goods the master undertakes to deliver to the proper officers at the first safe harbour.
	Mr. Cole writes from Cowes on 14 November.
	Encloses a list of small goods taken by the prize officers from a small hoy (Walter Jones master) of Cowes, just come down from Spithead.
	Mr. Jones writes from Falmouth, 12 November.
	He sends a list of plunder taken at Port St. Marie's by the Charity (John Burney commander) and lodged in the prize office cellar at Falmouth on 3 November, 1702.
	List follows of wool, pepper, snuff, sherry, port &c.
	Sir George Parker writes from Cowes, 16 November, sending a list of goods [details given] brought out of the Thirston[?] (Thomas Broming master).
	Mr. Bargrave writes from Deal on 17 November.
	Rough weather has prevented me putting Mr. Hunt, of the Customs, aboard Captain Kenton's ship the Ruby. The same night she drove, in rough weather, to "Romansgate pier." There Mr. Mockford, Surveyor of Customs, seized her because she had no waiter aboard, and put her goods into the Custom House store. "This is the plagues we undergo here with unreasonable men." Captain Whitehall shewed me three letters directed to him from the Commissioners of Customs [details given], dated 17th, 20th, and 22nd October. After conflicting orders it appeared from the last letter that the Queen's intention is to prohibit the landing only of such plundered goods as are not marked and inventoried by Sir George Rooke. Those so marked to be landed and stored. I am trying to get the plunder ashore, and the surveyor has been assisting, with Mr. Warren. I can do nothing if the Customs officers receive orders which conflict with mine.
	Similar letters follow from:—
	Mr. Hook, Plymouth, 15 November. Plundered goods brought ashore. Heavy weather. List enclosed.
	Mr. Jones, Fowey, 16 November. Plunder brought ashore.
	Mr. Newman, Dartmouth, 17 November. Sends an inventory of plunder on board the Swiftsure (Captain Wynn), which is going to Portsmouth.
	Mr. Bargrave, Deal, 17 November. Plunder taken from the John pink (Captain Crickett). Account sent. Information regarding the Joseph and Thomas transport (Thomas Rogers commander) and the Two Sheriffs transport (John Frost com mander). The last two have gone to London.
	Same, 18 November. Rough weather. Delay of Captain Kenton in allowing goods to be landed. List of goods demanded of Captain Nicholas Willis, of the Providence transport. He disputed having some of them.
	Sir George Parker, Portsmouth, 19 November. Seizure of plate. Hoys unlading plunder.
	Mr. Solers, Sheerness, 19 November. Is on the watch to prevent plunder-running; but it is difficult to run it owing to the rough weather.
	Sir George Parker and Mr. Goreing, Portsmouth, 21 November. Sir George Rooke never put a particular mark on any goods but merely took lists from the captains &c. of his ships. They have tried to store apart the plunder from each ship; but even those who brought it cannot always say whether it came from Port St. Marie's or Vigo. The goods are few and unlikely to pay for the cost of landing, storage &c.
	Mr. Cole, Cowes, 21 November. Plate-running from the prize ships by Mr. Bills, goldsmith, of Newport, I.W. Capture and re-capture. Mr. Bills has promised that it shall be forthcoming. Hoys' loads from Spithead. List of goods brought in them.
	List of goods landed out of the Mary of Portsmouth (—Seater master).
	In all pp. 26.S.P. Dom., Naval 117, 62.
Latest date, 23 Nov.	Affidavits by Thomas Hutchins and others.
	Thomas Hutchins, William Seymour, Charles Hall, Thomas Garrard, Charles Fettiplace, Charles Garrard, and Edward Batten all swear that Thomas Smallbone, of Bockhampton, in the parish of Lambourne, Berks, has lived in the said parish for near two years and a half, and has during that time lived peaceably and as a dutiful subject.
	Four affidavits: The first three sworn before Thomas Garrard, a J.P. for Berks; the last signed by Garrard himself and the other three men named after him above but not sworn before anyone. Each p. ¼. All dated November 21, except the last which is dated November 23. The last endd. S.P. Dom., Anne 1, 98–101.
23 Nov. Navy Office.	The Navy Board to Nottingham.
	Yours of the 21st. We have no orders to meet bills drawn by Consul Broughton to meet the expenses of taking care of English seamen at Venice. We lately refused such a bill, [it] being [for] no naval service, and presume that this is the reason why his Royal Highness has given us no orders in the matter.
	P. ½. Signed by Charles Sergison, Daniel Furzer, D[ennis] Lyddell and Geo. Tollet. (fn. 15) S.P. Dom., Naval 117, 63.
23 Nov. Kirby.	Lord Hatton to [Same].
	I send enclosed. The privateers of Guernsey want a Prize Court there to adjudge prizes. I have no other concern in the matter than to keep out unworthy persons who apply for posts. The Lieutenant-Governor and some of the magistrates of the island should be employed; as was done in the first Dutch war in King Charles II's time. Captain Edwards of the Bedford galley has been ordered to cruise off Guernsey and Jersey to protect the trade of those islands; but I think [details] that he will spend most of his time in looking after French prizes and that the island will have little or no help from him.
	The Queen's answers to the addresses of the Lords and Commons gives an extraordinary instance of her good judgment in "so nice an affair." It seems as if she wishes to make her people happy in spite of their troubles [?].
	Pp. 1½. Signed. The Postscript holograph. Endd. S.P. Dom., Channel Islands 2, 40. Enclosing:—
	a. Depositions of Peter Le Cocq and others.
	These relate to the stranding of a ship bound from Portugal to Dunkirk at the Valle [Vale] in Guernsey, her crew, cargo &c.
	Three substantial depositions signed by Le Cocq, Robert Leighton and Jaques Henry; confirmed by fifteen others. The ship had tobacco, brandy, sugar &c. aboard.
	In all pp. 4. The depositions signed and taken at Guernsey on 14 November, 1702, by Robert Lee, P. Martin and Elias Perchard, Commissioners of Prizes for the island (fn. 16), and countersigned by J. Bonamy, greffier and notary public. Ibid, 40a.
23 Nov. Whitehall.	Nottingham's Letters.
	1. To the Archbishop of Canterbury.
	Sends Mr. Lewis Maidwell's petition and a printed copy of the charter for founding "the Royal School &c." The late King granted the charter. The Archbishop to report what may be done for the petitioner's satisfaction.
	P. ½. S.P. Dom., Entry Book 104, p. 168.
	2. To [Jeffrey] Glasier, Proctor General of the High Court of Admiralty.
	Sends enclosures shewing that Lewis and Huntly, the witnesses against Captain Holman, live at Cumstock, Devon. They desire that any letters for them be left at the post house, Exeter.
	P. ½. Ibid, p. 169.
24 Nov. Sick and Wounded Office.	The Commissioners for Sick and Wounded to Nottingham.
	We have removed the Count de Mornay and all the other prisoners at Scotland Yard to the Tower. The Count, having seen the accounts of the English merchants detained at Bayonne, (fn. 17) has undertaken to write to M. de Pontchartrain again about them. On the question of the treatment of French prisoners, their letters to him shew that their chief grievance is insufficient liberty to go out; but some who, being sick, were put into town quarters, have escaped; and those who were surgeons and permitted to visit them have done the same. Nevertheless we have written to Plymouth for an account of the whole.
	We again regret the escape of Captain de Gratton (fn. 18). We have allowed our officer to search further for him.
	Pp. 1¾. Signed by Lee and Herbert. Endd. S.P. Dom., Naval 117, 64.
24 Nov. Doctors' Commons.	Jeffrey Glasier to [Same?].
	I have yours with enclosures and have entered a criminal prosecution against Captain Holman and sent a warrant to arrest him by last Saturday's post to Plymouth. I will proceed with vigour and will write to the witnesses by this post; and when the warrant is executed and returned shall proceed further.
	P. ²/3. (Hol.) Endd. S.P. Dom., Anne 1, 102.
24 Nov. Whitehall.	Nottingham to the Commissioners of Sick and Wounded.
	The Queen approves your having quartered the sick men as you have done.
	As Captain Graton (fn. 18) has escaped, the Queen thinks that Count de Mornay and the other prisoners in Scotland Yard should be sent to the Tower. You are to take care of this.
	M. de Pontchartrain has written to the Count de Mornay that the English merchants at Bayonne shall be released when the cartel is made. Their case has nothing to do with the cartel, and, pursuant to the Treaty of Ryswick they should be discharged, since they came into France some days before the declaration of war and had also passports from the Spanish Governor. You will explain to Count de Mornay that the Queen gave at first a general order for discharging all French merchants who were here before the war, and, since that, has given special orders on any application. We expect that English merchants will receive a like treatment in France. Desire Count de Mornay to write to France accordingly.
	You should hear what Count de Mornay has to say about the ill-treatment of French prisoners at Plymouth: and give redress where there is a case for it. Let him know I have directed this.
	Also note that the merchants at Bayonne left Bilboa [Bilbao] on 23/12 June, 1702, and arrived at Bayonne 25/14 June.
	The declaration of war bears date at Bilbao 25/14 June and in France, 3 July/22 June.
	P. 1. S.P. Dom., Entry Book 104, pp. 167, 168.
25 Nov. Westminster.	Renewed Commission for Building St. Paul's.
	To Sir Samuel Dashwood, Lord Mayor of London, Thomas, Archbishop of Canterbury, John, Archbishop of York, Henry, Bishop of London, Thomas, Bishop of Rochester, William, Bishop of Worcester, Simon, Bishop of Ely, James, Bishop of Lincoln, and to the Bishops of those sees for the time being; Sir Charles Hedges, Secretary of State and Judge of the Court of Admiralty, Sir Edward Northey, Attorney General, Sir Simon Harcourt, Solicitor General, and to the holders of these offices for the time being; Sir William Trumbull and Sir Thomas Meeres, knights, George Oxendon, LL.D., principal official of the Arches Court of Canterbury and Vicar General of the Archbishop of Canterbury's Court, and to the holder of his office for the time being; Sir Richard Raines, Judge of the Prerogative Court of Canterbury, Sir John Cook, Kt., LL.D., Advocate General, Henry Newton, LL.D., Chancellor of the diocese of London, Sir Robert Bedingfield, and Sir Samuel Garrett, knights, Sheriffs of the City, and William Sherlock, D.D., Dean of St. Paul's, Henry Godolphin, D.D., William Stanley, D.D., and John Younger, D.D., Residentiaries there, Sir Christopher Wren, Kt., Surveyor General of our Works, and to those who hold these several offices for the time being; George Brampston, LL.D., John Harwood, LL.D., and Sir Thomas and Sir Henry St. George, Kts.
	Recites the commissions of King Charles II (12 November, 1673), James II (22 January, 1686/7) and William and Mary (3 June, 1692), and says that since those commissions issued considerable progress has been made in the said building.
	Proceeds:— We appoint you Commissioners to carry on, finish and adorn the said church. You or any six of you (of whom the Bishop of London or Dean of St. Paul's shall always be one) shall carry on the work in such way and by such rules as you think proper, and may employ artists and workmen therefor, and minister to them such oaths for the performance of their several duties as you think reasonable and pay them as you think right. You shall consider and issue regulations for keeping the materials and the money supplied for the work, and preventing the issue of such money for any use other than the public use intended. You shall take steps to have books and accounts properly kept and audited [details] and may appoint subcommittees (of yourselves and others) to manage the work and give them what powers you think fit, and revoke their appointments or revive them, or replace them as you think conducive to the service; and shall take all necessary steps to finish the work and make ordinances for its maintenance and protection. Such ordinances to be presented to us for approval under our signature, or the Great Seal, or otherwise, "that so they may be put in due execution accordingly."
	Lest there be any obstruction to finishing a work which is well advanced, we authorise you, the Bishop of London, and you, the present Dean and Residentiaries of St. Paul's and your successors, to collect subscriptions for the purpose, and to appoint persons to assist in collecting subscriptions, and to keep registers, as formerly, of such subscriptions. All money so raised, or paid in under the late Act of Parliament (fn. 19) by an imposition on coals, which is issued (according to that Act) by warrant signed and sealed by the Archbishop of Canterbury, the Bishop of London and the Lord Mayor of London, for the time being, or any two of them for the use of the cathedral, shall be paid to such person as any six of you (of whom the Bishop of London or the Dean of St. Paul's, for the time being, shall always be one) shall appoint.
	To help in paying so vast an expense, and to insure the discovery of all bequests made and all subscriptions given for the work, we authorise you or any six or more of you (of whom &c. as before) to inquire by the oaths of lawful men and by examination of witnesses on oath (whom you may swear, whether as jurymen or witnesses), or without oath, to inquire in regard to all such sums how they have been spent and what yet remains in hand; and also whether any materials or utensils collected for building of the cathedral have been disposed or carried away; and to call for and swear witnesses and call for the production of registers and accounts. For your ease and better expedition in carrying out part of your commission, we command all surveyors, actuaries, registers, officers &c. whom you of the Commission ask for to be attendant on and assisting you in the execution of your duties.
	All sheriffs, justices, constables, bailiffs and all other our subjects, on any warrant or precept issued from you, shall return jurors, and serve orders and summonses and in all things aid you in the effectual execution of your Commission. We further authorise any six of you to take steps [details] for getting in any sums payable for the building, but not yet paid in.
	This Commission shall continue in force and you (or any &c. as before) shall continue to execute it although the same be not continued by adjournment.
	Pp. 17½. Large 8vo. Printed in London by I. Dawks, 1703. S.P. Dom., Anne 1, 103.
25 Nov. Sick and Wounded Office.	The Commissioners of Sick and Wounded to Nottingham.
	We have removed the prisoners to the Tower as directed. As Count de Mornay complains much of gout, we sent a messenger to the Tower to communicate his orders as to their going there, and see that the Count might be carried directly to his lodgings. The commanding officer replied that he did not think himself authorised to receive the prisoners without the Queen's command. As we have been ordered by the Lord High Admiral to send to the Tower all the French and Spanish officers lately brought from Vigo, we presume to ask that the Queen be moved to send orders to the Tower for their reception.
	The Count was ill in bed last night. Shall we move the rest of the prisoners without him or continue them where they are until we can move all together?
	Pp. 1¾. Signed by Lee and Herbert. Endd. S.P. Dom., Naval 117, 65.
25 Nov.	Count De Mornay to [the Duke of Ormond].
	I send a memorandum as desired. Pray excuse me the journey in my present state and accompanied by eight persons who are nearly all at my expense. Pray send the orders to-day. I am your grateful servant &c.
	Pp. 1½, in French. Signed. Ibid, 66. Enclosing:—
	Points which I wish the Duke of Ormond to present in my favour.
	I had nothing to do with the Sieur Graton's escape. He was not of my ship and was taken two months before me.
	Neither I nor my crew have broken any rules laid down for us. I should not be punished for Graton's escape.
	If my word is trusted I will give it for all those who are with me. I only ask to be told what is desired of me in my captivity.
	If my word is not trusted, I will give security.
	If I am put in the Tower I hope that those who have been with me (and who I have supported and who have no other means of support) may be provided for.
	If anything has been maliciously said against me I can prove that I have always behaved as I should have done since I came here.
	Pp. 1¹/8, in French. Ibid, 66a.
About 25 Nov.	Same to [Nottingham ?].
	I am too ill to go to see you and beg you to send some one by whom I can send a message to you before I go to the Tower; where I am to go this afternoon.
	Pp. 1¹/6, in French. Undated. Signed. Ibid, 67.
25 Nov.	Statement of and Report on Mr. Whitaker's Accounts as Solicitor to the Admiralty and Navy.
	List of the gentlemen of the Common and Civil Law to whom Mr. Whitaker has charged the payment of several sums of money for fees in his accounts delivered to the Commissioners.
	(1) Gentlemen of the Common Law.
	To the Attorney the following fees were [charged] as paid:—1692, 36l. 15s. 3d.; 1693, 42l. 19s. 11d.; 1694, 135l. 14s. 5d.; 1695, 160l. 6s. 2d.; 1696, 241l. 7s. 8d.; 1697, 206l. 9s. 0d.; 1698, 147l. 16s. 6d.; 1699, 68l. 18s. 0d.; 1700, 36l. 19s. 10d.
	To the Solicitor General:—1692, 11l. 9s. 9d.; 1693, 16l. 9s. 3d.; 1694, 63l. 8s. 3d.; 1695, 82l. 5s. 9d.; 1696, 202l. 15s. 0d.; 1697, 92l. 10s. 4d.; 1698, 122l. 2s. 0d.; 1699, 62l. 16s. 0d.; 1700, 46l. 5s. 0d.
	List follows of fees paid to Messrs. Ayloffe, Browne, Blaney, Broderick, Breckstone, Cowper, Conyers, Clift, Cheshire, Darnell (S), (fn. 20) Dodd, Deane, Eyres, Farrer, Gould (S), Girdler (S), Guidot, Hatsell (S), Hooper, Hawles, Hillyard, Ingleby, Killingworth (S), Lutwich (S), Lovell (S), Levinz (S), Lechmere, Leigh, Lemon, Mulso, Montagu, Mompesson, Newport, Northey, Neale, Powis (Sir Thomas), Pratt (S), Powell, Pocock, Richardson, Robinson, Raymond, Shower (Sir B.), Selby (S), Squire, Strode, Smith, Thompson (S), Tremaine (S), Upton, Williams (Sir W.), Wright (S), Whitaker (S), Edward Whitaker, Ward, Webb, The King's Serjeant, Mr. Justice Powell's favourite, and Counsel not named. The total of fees (details given in each case) paid to these gentlemen was 4,695l. 19s. 6d.
	Fees were also paid to the following Doctors of the Civil Law:—The King's Advocate and Drs. King, Littleton, Lane, Newton, Oldys and Pinfold.
	Total of fees to these, 219l. 11s. 11d.
	Proctors, interpreters and notaries were paid in all 688l. 15s. 6d.
	Report by Thomas Morice and others on Mr. Whitaker's accounts.
	On 10 September last, in answer to many precepts and letters, Mr. Whitaker brought in his accounts of money received and paid as Solicitor &c. [see title] for the purpose of our examination pursuant to the Act. The accounts were nearly 1,700 pages, accompanied by parcels of papers relating thereto. He said he had alterations to make in them and did not attest them till 24 September.
	In addition to their large volume there were other reasons which made it difficult for us to examine the accounts. The times and causes of payment, and the vouchers, were not placed in order and did not agree with the times and sums in his former accounts delivered to Parliament. The receipts produced did not agree with the sums charged.
	We have, however, gone through it as carefully as we could, and lay a state thereof, with our observations, before your lordships.
	General and detailed criticism of the accounts follows, shewing that Whitaker has charged extravagantly for his services.
	In all pp. 9¼ (large). Signed (copies), Thomas Morice, S. Atkins, Thomas Lister, William Farrer, George Langton. Endd. S.P. Dom., Naval 117, 68.
25 Nov. Whitehall.	Nottingham's Letters.
	1. To the Director of the packet-boat at Falmouth.
	You must not let the packet-boat for Lisbon sail with yesterday's mail till I send you leave.
	Three lines. "By a flying packet." S.P. Dom., Entry Book 104, p. 169.
	2. To the Commissioners of Sick and Wounded.
	Queen's command:—To cause MM. d'Aligre, Gallissonniere and Soreli, the Spanish admiral taken at Vigo and the Count de Mornay (as soon as his health will permit) to be conducted to Oxford, and leave them there as prisoners of war on parole not to go out of Oxford and not to write or transmit any matter to France or Spain unless it is first sent to a Secretary of State. They must, to avoid mistakes, sign a paper promising this upon honour.
	The rest of the prisoners taken at Vigo must be kept in safety in some inland town where some of the Queen's forces are. As to this you must inquire of Mr. Blathwayt, who will tell you of a proper place. He must have orders to have a proper guard set.
	P. ½. Ibid, pp. 169, 170.
25 Nov.	Account of the Proceedings of the Commissioners appointed by Act of Parliament to take, examine and determine the Debts due to the Army &c.
	We have done our best to state the accounts of the regiments &c. under command of the Queen's natural-born subjects. We have adjusted the accounts of 54 regiments, two independent companies and 20 garrisons. A list of these, and of others brought in too late to be stated, and of others not yet brought in (in spite of all notice given), we present in paper No. 1 (fn. 21) to your lordships. (fn. 22)
	We have taken care to state the items of debt for clothing, poundage &c. [details]. Very few regiments have complied with the Act of Parliament by naming a person to whom we might certify the debt to the regiment to be payable in order to his receiving debentures for the same.
	For greater accuracy we have taken respites and allowances [details] into account in the case of each regiment. Details appear in papers 2 (fn. 21) and 3. (fn. 21)
	We have stated an account of the interest allowed by the Act on the debt for the transport service in 1693 and have issued out debentures for the same to those who appear for them.
	We find the sum due to Dutch and other foreign transports is 22,850l. odd. 4,770 gilders are placed in the account as paid in part of interest and 7,486l. odd more is asked as interest on this at 6 per cent. for six years to March 31, 1696. No agreement was made for such interest, and we think none should be paid, and that what has been paid should be accounted as payment of principal.
	The accounts of the regiments on the Irish establishment were laid before us by the Paymaster of the forces there, and we find that the army was paid according to the English establishment, but that by a warrant from "her late Majesty" to General Ginckle, dated 12 February, 169 0/1, a lower rate of pay was directed. This warrant was never superseded and would [if applied in estimating the debt] reduce it by 30,000l. This being so, we did dot pass the said accounts or make out certificates for them till we should receive directions from Parliament. We send a copy of her Majesty's warrant in paper No. 4. (fn. 23)
	We have not been able to deal satisfactorily with the accounts of the regiment lately commanded by Colonel John Gibson. In the case of Captain Griffin May's company erasures and additions appear on which we have not received proper satisfaction. [Details.]
	We have been so busy with our first duty—that of stating arrears—that we have not been able to give much time to the accounts of the Commissioners of Prizes.
	The accounts are so complicated, and the several Commissioners profess to be so little able to answer our questions, that we fear it will take a very long time to make an account which will comply with the Act. Details as to the ships taken, their tackle &c. are often wholly lacking, "and in some no mention of the time when, place where, or persons to whom sold, [so] that no estimate can be made of the condition, burthen, nor consequently of the value of the said ships or goods, or any discovery of embezzlements or frauds in the sales, many of which were not public." Several ships, being of the same name as others, may, for want of the distinctions mentioned above, pass without coming into account at all.
	The arrears to the army and other services now and formerly certified and laid before your lordships are as follows:—
		In our present Commission.			In our last Commission.
		l.	s.	d.	l.	s.	d.
	To the army and garrisonsrisons.	554,836	2	10¹/8	251,369	9	9¼
	For Transfort Service in 1693 and 1697				93,734	9	6
					345,103	19	3¼
	Interest of the debt for transport service in 1693	31,506	16	6
	Royal Hospital at Chelsa	19,068	19	1½
					605,411	18	5 6/8
	Total				950,515	17	8⁷/8
	We have certified this sum, and as it is to be paid out of the Irish forfeitures, we hope our certificate may have prevented, as much as possible, any delay in the sale of those estates.
	Pp. 2½ (large). Copy. Signed (copies) by Thomas Morice S. Atkins, Thomas Lister, William Farrer and George Langton Endd. S.P. Dom., Military 3, 2.
26 Nov. Whitehall.	Hedges to the Prince's Council.
	The Swedish Resident here wrote to me some time ago to procure the clearing of John Philipson and Derrick Brunstead, pressed some time ago on board her Majesty's ship Hampshire, and that they may receive tickets for their wages. Please give directions for this.
	P. ¹/6. S.P. Dom., Entry Book 101, p. 255.
Same.	Nottingham to the Duke of Queensberry.
	Sends enclosed memorial and asks for information as to what is to be done in it.
	Five lines. S.P. Dom., Entry Book 104, p. 170. Enclosing:—
	The Postmasters-General to, [Nottingham].
	The Postrenters of Scotland have for some time run considerably in arrear to this office. We have put their bonds in suit, but the delays are so great that we fear a great part of the money may be lost unless the Queen directs her officers in Scotland to help us. As Sir David Dalrymple and one of the Judges of the Sessions are now in town, we think it would be a good time to move in the matter. Under the late King's direction we met the Secretaries of State of Scotland with Mr. Hill and came to "arguments" which we hoped would result in payment; but it is still delayed.
	P. 1. Ibid, pp. 170–1.
27 Nov. Whitehall.	Hedges to William Blathwayt.
	The enclosed case of Mrs. Lucy Motram having been laid by me before the Queen, her Majesty commands that you insert her name in the list you are now making of officers' widows in the like condition who are fit objects of her Majesty's bounty.
	P. ¹/5. S.P. Dom., Entry Book 101, p. 262.
Same.	Nottingham to the Lord Lieutenant of Ireland.
	The Queen is informed that Lord Roche's brother and sister are in Ireland and amongst their relations, where they are not so likely to be educated in the Protestant religion as if they were here. You are to endeavour to bring them to England if their mother will consent to it.
	P. ¼. S.P. Ireland, Entry Book 3, p. 37.
28 Nov. Admiralty Office.	Memorandum from the Lord High Admiral.
	The Somerset, Ranelagh, Shrewsbury and Cambridge, third-rate ships of 80 guns, are found in fit condition to go to sea. It is proposed to her Majesty that they be not paid off.
	P. ¹/6. Signed. Countersigned by Clarke. Endd. S.P. Dom., Naval 6, 145.
28 Nov. Whitehall.	Nottingham to Mr. Jones at Falmouth.
	Sends a packet for Lisbon to be delivered to the captain of the packet-boat, who is to sail as soon as wind permits. Particular care to be taken of the packet, which is for the Envoy in Portugal.
	P. ½. S.P. Dom., Entry Book 104, pp. 172, 173.
29 Nov. Horse Guards.	George Clarke to Hedges.
	Having received the Queen's command to lay an account of the proceedings of the general officers in relation to the charge against Sir Charles Hara and Sir Henry Belasyse before the Committee of Council, I applied to the Secretary of War for the names of the general officers. I got a list on the 17th and requested those in town to be at the Horse Guards next morning, when I read them the Order in Council, by virtue of which I had given them notice to attend. They said that misdemeanours were, in it, alleged to be charged against the two officers, but as no charge appeared to them, they directed me to inform you of this, that you might receive the Queen's further commands, and adjourned to the 23rd. On the 23rd the Secretary at War sent me a letter, in answer to what had been wrote to you, saying that the charge against these two officers was to be received by inquiry from the Duke of Ormond and Sir George Rooke. On hearing this letter the general officers directed copies of it to be sent to Ormond and Rooke, with notice of their intention to meet on the 25th and be ready to receive any charge exhibited against the gentlemen after whose behaviour at Port St. Marie's inquiry was made. His Grace attended before the meeting broke up and was acquainted with what had been ordered. In the letters to Sir George Rooke, it was added—that he would let the general officers know of what plunder had been put aboard the fleet when off Cadiz, to whom it appeared to belong by the directions put upon it, and by whom put on board. At the meeting a petition of Sir Charles Hara to the Prince was also read, in which he prayed that the charge against him of his breaking his arrest and his suspension thereupon might be examined by the general officers. The general officers, having the Queen's command to examine into the matter, directed Sir Charles's presence at their meeting on the 25th.
	On the 25th Sir George Rooke laid before the officers an account of the plunder for which he had been asked, and said he had nothing to add in relation to the charges. The Duke sent word that he could not be present on the 25th, but would be present on the 27th, so the officers adjourned till that day and ordered Sir C. Hara to attend again then. The Duke attended on the 27th and showed orders from her Majesty, which he had received at sea, requiring him strictly to examine the charges made against Sir Charles Hara and Sir Henry Belasyse by Count de Wratislau, the Emperor's envoy, and to break or suspend them as he should see cause. The Duke delivered in this order and the letter, or a copy of it, from the Count to you of 20 September (to which the Queen's order referred), complaining of the disorders committed by Sir Henry Belasyse and Sir C. Hara at the taking of Port St. Marie's, which he said he was informed of by several letters he had the night before from the fleet. The general officers thereupon directed a letter should be sent to the Count de Wratislau to desire he would let them know the names of the persons who had made the charges, that they might be summoned, and, if he pleased, would send them the letters. The Duke of Ormond named four officers who, he thought, should be summoned; and all the field officers in town of the regiments, and captains of the Guards that had been at Cadiz, were notified to attend the next meeting of the general officers, which was fixed for December 3rd, in the hope that on that day the general officers from Holland would be present and help in the inquiry, as some of those who had been in the expedition to Cadiz desired to withdraw, not wishing to be inquirers into a matter in which their names might be mentioned as persons concerned. Sir Charles Hara was called in and delivered a paper (fn. 24) in answer to the charge of breaking arrest, and said the ship in which he was [under arrest] was ordered into Portsmouth harbour, as he was told by the captain before he went on shore. The Duke of Ormond related how he had put Sir Charles under arrest, and, after debate, four of the officers were of opinion that he had not broken his arrest and four that he had, and gave their reasons in a paper enclosed. (fn. 25)
	Sir Henry Belasyse's petition that the general officers should hear and determine the charge against him of breaking his arrest, and the Queen's pleasure that they should hear it, were received; and Sir Henry Belasyse was called in. Sir Henry came in and said that he believed that the Duke had not intended to arrest him, but only to prevent his being present at a Council of War which was to be held "on board Sir George Rooke" the day before the attempt upon Vigo; and that, if the Duke had arrested him, he had not broken his arrest, for reasons given in a paper (fn. 26) which he put in. After debate the general officers decided that Sir Henry had been arrested and had broken his arrest, and adjourned to 3 December.
	Pp. 3½. Signed. S.P. Dom., Military 3, 3. Enclosing:—
	a. Reasons offered by Sir Charles Hara shewing that he did not intend to break his arrest, and, as he conceives, has not done so.
	1. It has always been the custom for officers under arrest to march with their corps in spite of their arrest, without asking permission to do so. With submission, I conceive that if I had been confined at Port St. Marie's I might have embarqued and marched with the army to any place without prejudice to my arrest.
	2. I had no ship assigned for my arrest, nor was I in custody. The captain of the ship did not speak of it.
	3. The fleet, coming to England, divided. The ship I was in went into Portsmouth and the Duke of Ormond into the Downs; so that I could not get leave from him to land. I did not know where his Grace was or what had become of him till I came to London.
	4. On arriving at Portsmouth I acquainted the Judge Advocate and the Secretary to the Generalissimo of the Army with it; and when I came to town set forth in my petition to his Royal Highness the Prince of Denmark that I was in arrest, and did not stir out of my house till I received an order of suspension for having broke it.
	5. The crime in breach of arrest is contempt of authority: and of this I have not been guilty. I acted on necessity.
	Pp. 1¾. Endd. S.P. Dom., Military 3, 3a.
	b. Reports by the General Officers on the cases of Sir Charles Hara and Sir Henry Belasyse.
	Recites the facts alleged in Hara's memorandum above. Proceeds:—We, the undersigned, therefore think that Sir Charles did not break his arrest.
	Signed by Generals William Stewart, [Lord] Portmore, Gustavus Hamilton and William Lloyd.
	But, in not returning to the ship he was in all the voyage but going into another when the Duke of Ormond told him he was under arrest, we, the undersigned, think that he broke his arrest.
	Signed by Generals Cholmondeley, Seymour and the Earl of Essex.
	And in coming ashore without the leave of your Majesty or the Duke of Ormond, I, General Churchill, think that he broke his arrest.
	Signed by Churchill.
	We are all of opinion that Sir Henry Belasyse broke his arrest.
	Signed by all the above Generals.
	In all pp. 2¾. Dated, Horse Guards, 27 November, 1702. Endd. Ibid, 3b.
	c. Reasons offered by Sir Henry Belasyse for the same purpose as last but one.
	Same as Enclosure A above. Pp. 1¾. Endd. Endd. with date, 29 November, 1702. Ibid, 3c.
30 Nov. St. Germainsen-Leye.	R. Taylore to — Nicholls.
	I have procured an order for your removal from Dinant to Calais. You owe this favour entirely to the goodness of the Queen, who was so gracious as to intercede for you. I doubt not but you will study to deserve it all the days of your life. The order either is or will be sent to Dinant from Versailles by M. de Pontchartrain. Let me know if I can serve you in any other way.
	P.S.—Let me hear whether this reaches you and direct to me in English thus—For Mr. Taylor, at Sir Daniel Arthur's, banker, in Paris.
	P. 1.Add. (in French) to Nicholls, master of an English vessel, prisoner at Dinant in Brittany. Endd. as follows:—(1) 11 July, 1703. I received this letter from Mr. Cockrain at Bath, and sent it to Lord Nottingham. (2) (in French): It is for a prisoner who has been transfered from St. Valery to Dinant, who is much recommended. To be delivered safely. (3) With note as to Nicholls' capture and that this letter was intercepted by Captain Patrick Ewings of Bristol at the post office in Dinant. S.P. Dom., Anne 1, 104.
30 Nov. Guernsey.	Bernard Ellis to [Nottingham].
	Details as to the orders sent for discharging French vessels stopped at Guernsey and his action in accordance with them. Proceeds:—The want of a convoy has delayed official correspondence and caused great want of provisions. There are almost 300 prisoners in the island, who are a great burden. Lieutenant la Boulay has acknowledged his crime before the Royal Court. I have told him to attend you when he returns from Guernsey, where he is on a sloop for Lord Peterborough's service.
	Pp. 1½. Signed. Endd. S.P. Dom., Channel Islands 2, 41. Enclosing:—
	a. List of the French vessels which were in Guernsey before the outbreak of war with France and Spain. Six vessels. Details as to their tonnage, crews and date of arrival and departure.
	P. ¾. Ibid., 41a.
30 Nov. Admiralty Office.	Josiah Burchett to Richard Warre.
	The account demanded by Lord Secretary Nottingham in his letter of the 26th will be prepared and laid before him as soon as possible, both with respect to the ships that may be counted on for next year's service and to the convoys and cruisers that may be necessary.
	There are orders given to the Swan and a brigantine to endeavour to prevent the export of wool or the importation of French silk during the inability, by sickness or otherwise, of the riding officers in Romney March and thereabouts. The Flamborough, a 6th rate, will be also appointed for that service as soon as she arrives at Spithead.
	P. ¾. (Hol.) Add. Endd. S.P. Dom., Naval 6, 146.
30 Nov.	Memorandum on Pensions to Officers' Widows.
	The following widows of commanders and masters of ships are pensioners to Trinity House at 5s. a month.
	Anne Loe, Sarah Parker, Elizabeth Combs, Elizabeth Johnson, Mary Phillips, Lucy Jacobs, Elizabeth Curtis, Grace Alderson, Anne Fairweather, Elizabeth Ellis, Anne Chalke, Elizabeth Bleach, Mary Radley.
	The following petitioners of the like quality (whose late husbands commanded the King's ships) have no pensions:—
	Elizabeth Bond, Elizabeth Nugent, Isabella Ormerod, Martha Bull, Frances Cotton, Anna Thornborough, Submission Thornton, Williams, Beanes, Eliza Fox.
	P. 1. Endd. with date and "From Sir Richard Haddock." S.P. Dom., Naval 117, 69.
Circa 30 Nov.	[Richard] Hill to [Nottingham].
	Sir George Rooke desires me to give you the enclosed from M. d'Alegre [D'Aligre] and to say he is very desirous that the prisoner have leave to come to town and to be released.
	P. ½. (Hol.) Endd: "Nov., 1702." Ibid, 70. Enclosing:—
	a. Colonel Gibson to Sir George Rooke.
	I send enclosed. I lodged the Chevalier d'Alegre [D' Aligre] for his convenience at Captain Dalzell's, but yesterday had an order from the Commissioners for Prisoners of War (fn. 27) to deliver him to the Marshal, whom I expect from Southampton to carry him thither. The Chevalier is very anxious to be in London and relies on you for procuring that favour.
	Pray thank the Lord Lieutenant of Ireland and the Lord High Treasurer for their kindness to me in your absence.
	P. 1. (Hol.) Dated, Portsmouth, 26 November. Endd. Ibid. 70a. Enclosing:—
	aa. The Chevalier D'Aligre to Sir George Rooke.
	I was seized at Vigo and brought here. I beg leave to go to London to take steps to recover my liberty.
	P. ½. (French.) (Hol.) Dated, Portsmouth, 25 Nov. Add. Endd. Ibid, 70aa.
Nov.	Note for the Dividend (fn. 28) for November, 1702.
	The figures in the right column total up to 48l. 6s. 8d.; those on the left to 14l. 0s 0d.
	P. ¾. Endd. S.P. Dom., Anne 1, 105.
Nov.	Print of the Arms of the City of London.
	Supported on a human head, and with a scroll below bearing the words "Jacobus Siscell, Londini, Tinctor."
	A fragment. Ibid, 106, ad fin.