House of Lords Journal Volume 17: 16 February 1703

DIE Martis, 16 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Fane's Bill.

The House took into Consideration the Amendments made by the Commons to the Bill, intituled, "An Act to enable the surviving Trustees and Executors of the last Will and Testament of Thomas Fane Esquire, deceased, to pay an Annuity unto Mildmay Fane Esquire, for his Maintenance and Education, until he shall attain his Age of One and Twenty Years.

Which were read Thrice, and agreed to.

ORDERED, The Commons have Notice, that the Lords have agreed to their Amendments made to the said Bill.

Subsidies Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for granting to Her Majesty several Subsidies, for carrying on the War against France and Spain."

ORDERED, That the said Bill be read a Second Time on Monday next, at Twelve a Clock.

Messages from H. C. with a Bill to return the Bill; for enlarging the Time to take the Oath of Abjuration; Hoare's Bill; and Butler's Bill.

A Message was brought from the House of Commons, by Sir Mathew Dudley and others:

To return the Bill, intituled, "An Act for enlarging the Time for taking the Oath of Abjuration; and indemnifying such Persons as have not taken the same by the Time limited, and shall take the same by a Time to be appointed;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.

A Message from the House of Commons, by Mr. Dolben and others:

Who brought up a Bill, intituled, "An Act to enable Her Majesty to settle the Lands and Revenues of the late dissolved Hospital of The Savoy to such charitable and public Uses as are therein mentioned; and for making the Chapel there a Parochial Church;" to which they desire the Concurrence of this House.

A Message was brought from the House of Commons, by Sir John Levison Gower and others:

To return a Bill, intituled, "An Act to enable the Executrix of James Hoare Esquire, deceased, to pay a Sum of Money, in Discharge of a Trust in her reposed by his Will;" and to acquaint this House, that they have agreed to the same, without any Amendment.

A Message was brought from the House of Commons, by Mr. Gape and others:

To return the Bill, intituled, "An Act for setting aside a Settlement, in order that William Butler may have a good Conveyance of Lands from Raphael Whistler, according to Articles agreed on;" and to acquaint this House, that they have agreed to the same, without any Amendment.

D. Ormond and Flag Officers Journals, on the Expedition to Cadiz and Vigo, Report about.

The Duke of Bolton reported from the Lords Committees, appointed to consider the Duke of Ormond's Journal, delivered into this House the Thirtieth of November last; as also the Journals of the Flag Officers and Captains of the Fleet in the last Summer's Expedition to Cadiz and Vigo; and an Account of Provision brought Home, as follows; (videlicet,)

Memorandum, This Report was entered by Order of the Committee for the Journal.

"The Lords Committees, appointed to consider of the Duke of Ormond's Journal, and also the Journals of the Flag Officers and Captains of the Fleet in the last Summer's Expedition to Cadiz and Vigo, and an Account of Provision brought Home, have met; and have examined several Persons upon Oath; and perused the Journals in relation to that Expedition; and have commanded the following Report to be laid before the House.

"By Sir George Rook's Journal, of the 12^th of August, it appears as followeth; (videlicet,)

"We steered away East, and E. by S. for Cadiz, with little Wind at N. and N. N. W. till 3 a Clock Afternoon; we came to an Anchor a good Distance off the Town, in 22 Fathom Water; St. Sebastian's Point bearing E. N. E. about 5 Miles off, and Rotta N. & by E.

"On the 13^th of August the Admiral called a Council of War; where it was adjudged impracticable to attempt landing in the Island of Cadiz; which Council of War follows:

"Upon a Reconsideration of Sir Geo. Rook's Instructions; the several Advices and Intelligences we have had from Mr. Methwen and his Agents, the Prince of Hesse D' Armsteadt, and the concurrent Informations we have received from several Fishermen, &c. taken on the Coast; from which it may be reasonable to conclude the Enemy has about 4000 disciplined Troops in the Town of Cadiz, besides Burghers, &c.; and 1000 Horse of old Troops, besides the Militia for the Guard of the Coast.

"And, in regard the Fleet can give no other Assistance to the Disembarkment, than covering the Forces in their landing, and bombarding the Town, and the Impossibility of supplying the Forces from the Fleet in Blowing Weather; it is adjudged impracticable to attempt the Island of Cadiz immediately in these Circumstances: But, in Consideration the taking the Fort of St. Catarina and Port St. Maria may facilitate the Access of the Fleet into the Harbour, and annoying the Town with our Bombs, getting of better Intelligence of their Condition, and for supplying the Fleet with Water, which we begin to be in Want of, and trying the Affections and Inclinations of the People of the Country to the House of Austria; it is resolved, to land our Forces in The Bay of Bulls, in order to reduce the aforesaid Fort and Town; and, upon the Success of this Attempt, it may be considered what further is to be done in Prosecution of Her Majesty's Instructions; and that his Grace the Duke of Ormonde do send a Summons to the Town, to submit to their lawful King, of the House of Austria.

"On the 13^th of August, the Duke of Ormonde did send an Engineer, with the Lieutenant of The Ranelagh, to view and sound the Coast on the West Side of the Island of Cadiz; who, on his Return, found the Duke of Ormonde on board the Admiral, and made his Report to him there.

Col. Peter Carle.

"The Answers which Colonel Peter Carle, on Oath, made to the Questions asked him by the Lords Committees, are as follow:

"Q. What Report did you make, pursuant to the Direction given you, when you were sent to sound the River St. Pedro?

"A. Pursuant to the Orders I received, I went from near St. Pedro towards Cadiz, within Shot of the Batteries of the Town, which fired upon me. My Report was, There was no Fort, no Battery, nor Intrenchment, to hinder the Landing. Lieutenant Cowe, that was with me, sounded the Coast.

"Q. Made you no Report of the Facility of the Landing?

"A. My Opinion was, That a Descent might be made there; and it was also my Opinion, that it was the only Way the Town could be taken by.

"Q. By whose Order went you to view the Place; and to whom did you make your Report?

"A. It was by the Duke of Ormond's Order; he gave me Orders in the Evening, and I went about Break of Day: At my Return, I found the Duke of Ormond on Board the Admiral, and made my Report to him.

"Q. How near the Shore were you, when you took a View of the Place?

"A. I went all along within Musket Shot of the Shore; in Three different Places Igrounded my Boat within Twenty or Forty Yards of the Shore, or thereabouts.

"Q. At what Distance of Landing were those Places one from another?

"A. I think, about Two Miles.

"Q. Were you, after your Arrival in The Bay of Bulls, sent to view the Isle of Lyons?

"A. No.

"Q. Was the Water very smooth, the Day you went to sound the River St. Pedro?

"A. It was smooth Water, and a fine Day.

"The Answers that John Cowe, Lieutenant of The Ranelaugh, on Oath, made to the Questions that were asked him, are as follow:

John Cowe.

"Q. What Report did you make, pursuant to the Directions given you, when you were sent to sound the River St. Pedro?

"A. I made no Report.

"Q. What did you observe on that Occasion?

"A. I was ordered in with the Boat; and I put her on Shore several Times.

"Q. How near the Shore did you then come?

"A. The Boat rowed us so near the Shore, that we could have stept ashore dry, at the First Place.

"Q. At how many Places did you put your Boat ashore?

"A. I believe, Four or Five Times between Hercules Pillars and St. Pedro.

"Q. What Distance might there be, from the first touching with your Boat, to the last touching between St. Pedro and Hercules Pillars?

"A. I believe, about Three Quarters of a Mile.

"Q. How far from the Shore was the shallowest Place you grounded your Boat upon?

"A. I believe, it was about Twenty or Thirty Yards.

"Q. How near came you to the Entrance of the River St. Pedro?

"A. I believe, not within a Mile.

"Q. Did you not sound from Hercules Pillars towards the Town?

"A. No.

"Q. Did you row along the Shore; and at what Distance?

"A. Sometimes within the Length of a Cable, and sometimes not Half so far.

"Q. What Landing did you observe there was, when you rowed at so near a Distance?

"A. We observed, that, if there had been any Thing of Weather, Boats might have landed; the Ground seemed to us to be very clear about the narrowest Place of the Island.

"Q. Did you put the Boat's Head ashore?

"A. We did not.

"Q. Was the Water smooth when you were on that Coast?

"It was smooth enough for landing; but they could not expect to land dry, without wetting their Fect, between Hercules Pillars and the Town.

"Q. Did you observe any Trenches, or Fortifications, or Lines, to impede the Landing on the West Shore, so far as you rowed?

"A. I saw none at all till I came near the Town.

"Q. Where did you sound the Coast?

"A. We sounded it, at our going first ashore, between the Rocks; and we found about Nine or Ten Foot Water; and the Ground was hard sandy Ground.

"Q. Could Boats shelter in that Bay, in blowing Weather?

"A. I cannot tell whether they may; I think it probable they cannot.

"The Council of War of the Thirteenth of August was closed, but the Officers had not left the Ship, when the Engineer made his Report to the Duke of Ormonde: As it is on Oath by the Engineer, and also in Sir Geo. Rook's Answer, he saith, he thinks the Council of War was closed before the Return of the Engineer.

"The Examination of Lewis Peteet, on Oath, who was sent by the Duke of Ormonde, to sound the Entrance into St. Pedro, about 25th August, is as follows:

Lewis Peteet.

"Q. Were you sent to sound the River or Coast of St. Pedro?

"A. I was sent, by the Duke of Ormonde, Two Days before we were at Matagorda, about the 25th August, as near as I remember.

"Q. What did you observe there?

"A. The Place was very fit for landing in the Island of Lyons.

"Q. Did you observe the Entrance into the River?

"A. I did, on both Sides; and it was good landing; I could have been ashore, if I had had a Mind to it.

"Q. How wide is the Entrance?

"A. About Half a Quarter of a Mile, as near as I can guess: The Northernmost Entrance that is between the Island St. Pedro and the Island of Lyons is about Half a Mile; the Southernmost Entrance into the River Swaw is not a Quarter of a Mile between the Island of Lyons and the main Land.

"Q. Did you sound going into St. Pedro, and about the Coast there?

"A. The Master of The Newport was with me; who did sound all along, and found some Places Two Fathom and an Half, at other Places Three Fathoms, Three Fathoms and Half, and Four Fathoms.

"Q. Whereabout did you find those Depths?

A. It was between the Island St. Pedro, the main Land, and the Island of Lyons.

"Q. What Time of the Tide was it, when he sounded?

"A. It was about Half Tide, as near as I can remember.

"Q. Whether was it in the Midst of the Channel that he found the Two Fathom and Half Water?

"A. It was almost in the Midst of the Channel.

"Q. How far distant from the Island of St. Pedro were you in the River?

"A. About Half a Mile Distance.

"Q. How did you find the Strand between Hercules Pillars and the Island of St. Sebastian; did you find it a smooth Shore, and fit for landing?

"A. I found Five or Six Places fit for landing, and at those Places the Water was very smooth.

"Who did you make your Report to?

"A. I made my Report to the Duke of Ormonde and the Council of War the next Day.

"In Admiral Hobson's Letter, writ by Direction of Sir Geo. Rooke to the Secretary of State, as also by the Examination of Sir Stafford Fairbone, is expressed, That, at the Fleet's Arrival before Cadiz, they saw several of the Enemy's Ships sail out of that Bay to go above The Pontals, the Wind being then fair; which Rear Admiral Greydon, on his Examination on Oath, agrees to.

"The Forces were landed in The Bay of Bulls, as appears by the Duke of Ormond's Journal, August 15th and 21th; and the Letter of the 28th to the Earl of Nottingham, as follow:

D. Ormond's Journal.

"Between 10 and 11 the English Forces began to land on the Right, and the Dutch on the Left, but with great Difficulty; for the Wind, having blown hard all Night, made such a Surf on the Shore, that few of the Officers and Soldiers landed without wading to the Neck, and many plunged to the Bottom.

"Fort St. Catalina, during the Descent, constantly fired from her Tower and Battery, but without any Damage worth mentioning.

D. Ormond's Letter to E. Nottingham.

"My Lord,

"I here send your Lordship the Account of our landing in The Bay of Bulls the 15th; it was with some Difficulty, by reason of a great Surf on the Shore. Some of the Boats were staved, and some few Men lost, but not One Officer: As soon as about Sixty of the Grenadiers were landed, there came down a Party of Spanish Horse, about the same Number, commanded by a Lieutenant General, who charged our Men, commanded by my Lord Donnegal and Colonel Pierce; who received them so well, that they soon beat them off, killing the Lieutenant General and other Officers. Your Lordship will see, by the Result of the Council of War, why we landed where we did; though, I must own, I was for landing on the Backside of the Island of Cadiz; and now some of the Sea Officers think I was not in the Wrong. I am sure, there is no Likelihood of our getting into the Island any other Way; for the Weather is so violently hot, that we cannot march, for Want of Horses and Carriages to case the Officers and Soldiers, who have no Way of carrying their Tents or Provisions but on their Backs: The Enemy have about 700 Horse, that keep within less than Half a Mile of our advanced Guard; and when we try to attack them, they immediately retire; and, it being an open Country, having not Horse enough to encounter them without our Foot, we never can get at them.

"Two Pieces of heavy Cannon, with Ammunition proportionable, is all that we can march with at a Time. I do not see that our Declarations do us any Good; some of the poor People that received them have been hanged for delivering them; and the General of the Coast has sent out a Proclamation, to forbid any Spaniard to have any Communication with us upon Pain of Death, so that all the Towns we come at are left; which is of very ill Consequence; for our Men, coming into the Town, find the Houses furnished, and Wine in the Cellars, and not One living Creature in the Houses, which makes Disorders which cannot be helped.

"Your Lordship will see in the enclosed, an Account of our Transactions since our landing. I wish we had had more Horse, and then we might have had better Intelligence when we came into the Bay; but we do not find that People are at all willing to come to us; and all the Priests leave the Convents, though we did all we could to invite them.

"We are trying now to get one of The Pontals, which is called The Matagorda, and to endeavour to open the Passage for our Ships; though some of the Seamen differ in their Opinions, whether they can get in, if we take the Place.

"The City is in good Order as to its Fortifications; and though it was thought to be easy when I had the Honour to talk with your Lordship, we find it quite contrary.

"I hope your Lordship will let Her Majesty know, what I here write to you. I wish it were in my Power to do Her more Service; but with the few Horse we have, it is hardly to be done.

"I much wonder, my Lord, to see that Sir George Rooke should have Orders sent to him, not to think of nor and that I should hear nothing of it from your Lordship.

"I won't trouble you any longer now; only desire you to let Her Majesty know, that, at the Landing, both Officers and Soldiers did their Duty, and behaved themselves as brave Men. I am,

"My Lord,

"Yours, &c.

"Ormonde.

"Rear Admiral Greydon declares, upon Oath, That the Instructions of the 7th of June were all read at the Council of War on the 13th of August; and those of the 17th of June were laid upon the Table, but he is not positive whether they were read; and at all the Councils of War he was at, they had Liberty to read any Order; and Sir George Rooke denied not to let him or any of the Council of War read any Order desired.

"Sir George Rooke saith, He believes all the Instructions were read; he appeals to the Duke of Ormonde, and all the Flag Officers, whether every Instruction, and every Letter that accompanied them, were not read; they were not only read publicly, but they lay upon the Table, and every Officer had his Liberty to peruse them.

"Sir Stafford Fairbone, upon Oath, saith, He doth not remember that the Instructions were then read, but the Heads of them were partly communicated by Sir George Rooke; he remembers not that that particular Article of the Fleet's being as offensive to the Enemy as it could, was either read or communicated to the Council on the 13th of August; he remembers that Article was read at a Council held the 12th of September, when the Council broke up, by reason of an Alarm from his Grace the Duke of Ormond's Camp at S'ta. Victoria; he remembers there were Papers laid upon the Table at the Council of War held the 13th of August, but what those Papers were he doth not know.

"In the Council of War of the 16th of July, it is expressed, that Her Majesty's several Orders and Instructions to Sir George Rooke, of the 8th, 16th, and 17th of June, and of the 12th Instant, were read, and maturely considered.

"On the 13th of August, in Sir George Rook's Journal, it is said, Her Majesty's Instructions were considered again; on the 12th of September, it is said, All my Orders and Instructions from Her Majesty, and the Secretaries Letters thereupon, were deliberately read.

"Sir Stafford Fairbone, on Oath, saith, He knows not whether the Spanish Captain was examined before he was set on Shore; he sent him to the Admiral, and he returned him again to release him, and suffer him to go back with his Boat to Cadiz.

"Sir Geo. Rooke saith, Rear Admiral Fairbone sent off a Spanish Boat, with an Officer, which came from Cadiz, and was bound to Port St. Marie's; whom after Rear Admiral Greydon had examined, I sent him back again, with Orders to let him pass on to Port St. Marie's; and if that he went back to Cadiz, it was without my Orders or Permission.

Letters between the D. of Ormond and Sir G. Rooke.

"Royal Soveraign, Oct'r 14th, 1702.

"My Lord Duke,

"The Two Days Fatigue in our happy past Service, on which I must acknowledge your Grace had a great Share in its Performance, has thrown the Gout into One of my Legs, and disappoints my Intentions of paying my Duty to your Grace, which I have Two or Three Times attempted: It being my Resolution to send the great Ships and Bomb Vessels away to England, with the First Opportunity; I humbly offer it to your Grace's Consideration, whether it may not be for the Service, to send such of the Land Forces in the Transport Ships, by this Opportunity, as will not be necessary to assist in carrying Home the rest of the Fleet, from whom I must draw large Detachments, for the manning of the Men of War Prizes that I intend to carry Home. I also offer it to your Consideration, whether yourself will not think it proper, now all Probability of Service is over, to take this Opportunity of the great Ships, of going Home yourself; which, with my humble Duty and Service, concludes me,

"My Lord, &c.

"G. Rooke.

"My Answer to the Admiral.

"Redondalla, Oct'r 14th, 1702.

"SIR,

"I received the Favour of yours this Morning; and give you Joy of the Success the Fleet has had under your Command, and am very glad the Army had a Share in so great a Piece of Service: I am very sorry to hear of your Indisposition, and am much obliged to you for your Intentions to do me the Favour of a Visit; if I could have left the Troops, I would have saved you that Trouble.

"If you will agree to our Stay here, and to leave with us such a Number of Ships as may be thought necessary, I will march with the Army directly to Vigo, and attack the Place; which I do not doubt we may take, and maintain ourselves there this Winter, till further Orders from the Queen, and be in Readiness next Spring to pursue the Advantages we have now gained, and perhaps bring Portugal to a Declaration for us.

"This we will do, if you will consent to it; if not, I desire with the soonest your Answer.

I should think it very much for the Service, that Mr. Methwen should acquaint the King of Portugal of this Success; which I can't but fancy will make Him entirely leave the French Interest, since He has now nothing to fear from it. I am,

"SIR,

"Yours, &c.

"P. S.

"Since I find you cannot afford Provisions for the Prisoners in the Fort, rather than let them starve, I shall be constrained to give them their Liberty.

"October 15th, 1702.

"This Morning I received the Admiral's Answer to mine of the Fourteenth.

"Royal Soveraigne, October 14th, 1702, past Nine at Night.

"My Lord Duke,

"I have just now received the Favour of your Grace's Letter of this Day; and am very ready and willing to do every Thing I can that may contribute to the public Service; and if your Grace thinks it so, to remain in this Part of Spain with the Army, I will venture to leave Five or Six Frigates with you, though I can hardly think those Ships safe any longer than they are at Sea, considering that the French who had such Advantages were not; and I believe I can also leave your Grace Six Weeks or Two Months Provisions for the Army, which is the most I can do, great Part of what was intended for that Purpose having been sent to The West Indies. If your Grace has Intentions to continue here, I believe it will be best to let the Guns remain at the Fort; I shall order Boats to Redondello To-morrow in the Evening, to bring off the sick Men; and then your Grace will have Time to determine, whether to march to Vigo, or to the Place you propose for embarking the Day following; and if you march to Vigo, I believe the Prisoners should be sent to the other Side, that they may not reinforce the Garrison. As soon as the Frigates come in from Sir Cloudesly Shovell's Station, I shall send an Express to Lisbon, to give Mr. Methwen an Account of our Success here, as I shall send The Pembroke to England on Friday Morning.

"I am, &c.

"G. Rooke.

"My Letter to the Admiral, from the Camp at Redondello.

"October 15th, 1702.

"SIR,

"I have just now received yours in Answer to mine; and since I find you cannot give the Forces more than Six Weeks or Two Months Provisions, nor leave more than Six Ships, which you do not think safe, I shall give over the Thoughts of going to Vigo, and wintering in these Parts; I intend to embark Tomorrow in the Evening, if the Tide serves, at the Place where The Hope and Dartmouth Frigates lie, and desire Boats may be in Readiness to receive us.

"As to the Cannon, you will be pleased to take them off when you think fit. I am,

"SIR, &c.

"Ormonde.

"My Letter to the Admiral, from Redondello, October 16th, concerning the Re-embarkation.

"SIR,

"I design to march the Army by Three a Clock this Afternoon, and hope there will be Boats enough to carry the Men off at once; the Weather being so bad, that I could not leave them exposed.

"Yours, &c.

"Ormonde.

"My Letter to the Admiral, from Redondello, Octo. 16th, 1702, to put off the Embarkation of the Forces.

"SIR,

"Baron Sparr having acquainted me, that, by reason of the Dutch wanting their Boats, it is almost impossible to march the whole Army To-day; I desire you will be pleased to order Boats enough to be in Readiness To-morrow, at the Entrance of the River that goes from this Place. Monsieur Waseneir (who is now with me) has also desired me to write to you concerning the Division of the Cannon and Ammunition of the Fort among the Dutch; it was always my Opinion, they had a just Pretension to a Third Part; and I am very willing they should have it.

"Yours, &c.

"Ormonde.

"P. S.

"The Dutch Admirals seem desirous of a Council of War about Vigo; if you consent to it, I desire the Ship designed for England may be delayed till that is over.

"The Admiral's Answer, by Mr. Curry.

"Royal Soveraign, Octo. 16th, 1702.

"The Admiral is so very ill with the Gout, both in his Right Hand, Knees, and Feet, that he cannot stir; therefore has commanded me, to desire you will acquaint my Lord Duke, that he has received his Letter of this Day, and will give Orders for Boats bringing off the Regiments he desires To-morrow; and is very willing and ready to give the Dutch their Third Part of the Cannon at the Fort; the Reason he did not before order it, being from my Lord Duke's Directions, that they should all be delivered to him. He is also ready to call a Council of War about Vigo, whenever his Grace pleases. I am also directed to desire you will let his Grace know he cannot stop The Pembroke longer than To-morrow; for he thinks the News of the Success here will found but ill from Portugal, since he may be blamed for not sending an Express sooner; but, if his Grace pleases, he will send another Way as soon as he thinks fit. I am, &c.

"Hu. Curry.

Account of Provisions brought Home.

"The Agent Victualler's Account of the Quantitles of Provisions brought Home in Victualling Ships, is as follows:

"The abovesaid Provisions will serve 20000 Men, at whole Allowance for.

"At the Council of War June 15th, conditional Resolutions were taken in relation to attacking the Enemy, if at Corunna; as also conditional Resolutions for attacking the Enemy at Vigo. Sir George Rooke seems to think he was, by his Instructions, tied up from taking the same Method in relation to Cadiz.

"Sir Staff'd Fairbone sworn at the Bar.

Sir Staff. Fairbone.

"Q. Being asked, Where they anchored when the Fleet came first before Cadiz; what moved them to anchor there; and whether they anchored in Pursuance of any Resolution of a Council of War; and whether they saw any of the Enemy's Ships in The Bay of Cadiz at their First Arrival there?

"A. He faith, The Fleet anchored to the Southward of St. Sebastian's, most Part of them in a Line; he knows not that they anchored in Pursuance of any Council of War, nor why they anchored there.

"A Council of Sea and Land General Officers was held the 11th of August, before the Fleet came to Cadiz, which broke up (to the best of his Remembrance) for Want of more Intelligence, believing the Intelligence had then was not sufficient.

"The Reason given for not sending Ships above The Pontals was, to the best of his Remembrance, because it was said, by a certain Letter, that Anchors were laid to prevent Ships going in.

"The other Difficulties started were, those of the Batteries, and a new Fort within.

"In the Part of the Fleet where he was, he saw Two or Three Sail of Ships running up above The Pontals; One of them seemed to have pretty square Sails, and he believes was a Man of War.

"If any Ships were sunk between or above The Pontalls, he believes it was Three or Four Days after the Fleet arrived before Cadiz: To the best of his Remembrance, The Kent, and a Ship or Two more, were sent to gain Intelligence off of Rota, or thereabouts.

"Q. Were the Instructions, of 7th and 17th June 1702, laid before you at the Council of War held the 13th of August, at the First Arrival at Cadiz?

"A. He saith, He remembers there were Papers laid upon the Table, but what these Papers were he doth not know.

"Q. Did not the Instructions lie on the Table at the Council of War held the 13th of August, for any one to read that pleased?

"A. He saith, He doth not remember that the Instructions were then read; but the Heads of them were partly communicated by Sir George Rooke: He remembers not that that particular Article of the Fleet's being as offensive to the Enemy as it could, was either read or communicated to the Council on the 13th August.

"He remembers that Article was read at a Council held the 12th September; when the Council broke up, by reason of an Alarm from his Grace the Duke of Ormond's Camp at S'ta Victoria.

"Q. Was there an Opportunity of Wind and Weather of failing above The Pontals before the Ships were sunk there?

"A. He saith, He believes there was; and he was of Opinion, that, though Anchors were sunk between The Pontals, it needed not have hindered our going up.

"Q. The Councils of War of 13th and 29th August being read to him:

"A. He saith, Reasons were offered, at the Council of War of 13th August, why it was not advisable to land upon the Island of Lyons: He saith, He did, at that Council of War, offer to go up above The Pontals, if the Admiral, or that Council, had thought sitting; but it was argued, it would be inevitable Ruin to whatever Ships were sent in.

"Q. Who, at that Council of War, were of the Opinion that the going above The Pontals would be inevitable Ruin to the Ships that should be sent on that Service?

"A. He saith, He cannot remember every body.

"Q. Did not the Weather permit the throwing Bombs while you were there?

"A. He saith, The Weather did serve before we came away; but then the Boats of the Squadron within the Bay, as well as of the Ships without, were employed in re-imbarking Men that were sick, Tents, and Baggage, &c. so the Boats could not be spared for that Service; and if there was good Weather before the Resolution of Bombarding, it was omitted at the Instance of his Grace the Duke of Ormonde, who thought it most necessary to make our Bombardment when the Descent would be made on the Island of Cadiz or Lyons; he acquainted Sir Geo. Rooke, by a Letter of the 11th or 12th September, that the Water was then smooth; the Substance of which Letter was considered, though not read, at the Council of War the 12th of September, which broke up upon the Account of the Alarm from the Duke of Ormond's Camp.

"Q. Did all the Flag Officers, at the Council of War on 13th August, agree that it was not feasible to go above The Pontals?

"A. He remembers not, that any were of Opinion, with himself, that it was feasible.

"Q. Did you hear of any Reinforcement that came to Cadiz after the Fleet was there?

"A. He saith, He did not hear of any.

"Q. Was the Spanish Captain examined before he was set on Shore?

"A. He saith, he knows not; he sent him to the Admiral, and he returned him again to him, to release him, and suffer him to go back with his Boat to Cadiz.

"Q. Do you remember that you saw, or heard, while you were before Cadiz, that there was a (fn. 1) Boom fixed between the Two Pontals?

"A. He saith, He doth not remember that he ever saw, or heard, there was any Boom fixed between the Two Pontals; but the Officers sent within The Pontals gave an Account, that they believed there was none, because they were above The Pontals with their Boats.

"Q. Were the Ships in any Sort of Huddle during the Attack at Vigo?

"A. He saith, They were in some Sort of Huddle, occasioned by the Boom that brought some of the Ships up.

"John Greydon Esquire sworn.

Admiral Greyden.

"Q. Was there, at the First Council of War for landing the Forces, any One present that advised the sending Ships to attack the Ships above The Pontals?

"A. He saith, He never heard of any at the First Council of War.

"Q. Whether the whole Instructions that you have heard read were laid before the Council of War on the 13th August; and whether they were read at that Council, or laid upon the Table?

"A. The First Instructions of the 7th June were all read; and those of the 17th were laid upon the Table, but he is not positive whether they were read; and at all the Councils of War that he was at, they had Liberty to read any Order; and Sir G. Rooke denied not to let him, or any of the Council of War, read any Order desired.

"Q. Whether you knew of any Ships being sunk above The Pontals, to impede the Passage; and at what Time?

"A. By the Account of the People when we came in, we heard there were about Seventy Anchors sunk; the Ships, he believes, were sunk the Third Day after we came into The Bay of Bulls: We heard also, that there was a Boom laid, of Cables, and Masts, and Yards, linked together with Iron; and that there were Eight or Ten Anchors at equal Distances to ride it by; and he afterwards saw it himself.

"Q. Whether, in the Time you lay before Cadiz, or in the Bay of Cadiz, there was Weather to bombard the Town?

"A. I believe there was, One or Two Days before we went into the Bay of Cadiz; but it was before any Council of War agreed to do it.

"Q. Whether there was any Opportunity of doing it after the Council of War agreed to do it?

"A. I do not think there was good Weather; there was a great Swell, which rendered the Bombs that were flung, useless; and that was done in One of the fairest Days we lay there; for I was upon the Place when it was done.

"Q. What were those Bombs flung at?

"A. They were flung at The Pontals, at the Gallies, at The Matagorda, and at the Town; which all fell very wide from the Marks: That thrown at the Town sell into the Bay.

"Q. Did the Bomb Vessels shift their Stations for throwing their Bombs into The Pontals, The Matagorda, and the Town?

"A. They did not.

"Q. At what Place were the Bomb Vessels within Reach of the Cannon?

"A. From Matagorda and the Gallies, One of them was in the Reach of the new Battery of Sixteen Guns; and where we rid, the Guns at S'ta Philippi reached beyond us.

"Q. What is the Distance between the Two Pontals?

"A. I believe Half a Mile.

"Q. Is there Difficulty in going in; whether, in Time of Peace, you had not used to have Pilots; and have you been ever within The Pontals?

"A. I went in, in 1696, in The Vanguard, and I know the Passage very well, and it is difficult; and no Ships of War, though in Time of Peace, usually go in without a Pilot, and those Pilots often run the Ships ashore.

"Q. Whether, before the Ships were sunk, there was any Consultation of going into The Pontals?

"A. There was so at the First Council of War; as also about the Landing.

"Q. Know you of any Letter of the Prince of Hess, that was read at any Council of War; and what was the Result of that Council?

"A. The Council of War will shew that.

"Q. Whether you think it was impracticable to land on the Island of Cadiz?

"A. I did not think so; I gave my Vote for it: There were but Five of us of that Opinion.

"Q. Who were the Four besides yourself?

"A. I believe, the Duke of Ormonde, Sir Gco. Rooke, Baron Weseneir, and Captain Leigh.

"Q. Did you believe it was possible to take Cadiz by landing in The Bay of Bulls?

"A. He saith, My Opinion I gave was, for landing on the other Side.

"Albert Bourger sworn.

Albert Bourger.

"Q. Where lay the Bomb Vessels, when you threw the Bombs?

"A. Fourteen Hundred Yards from St. Catalina; Three English and Two Dutch Bomb Vessels lay there.

"Were you placed to bombard The Matagorda?

"A. No; I had no such Order.

"Q. Were any Bombs from the Bomb Vessels thrown into The Matagorda?

"A. None were thrown by my Order; but Two or Three were thrown, and they broke in the Air.

"Q. Did the Bomb Vessels remove from the First Station where they threw their Bombs?

"A. They did; they moved back the First Night to the Squadron commanded by Sir Stafford Fairborne: In the mean Time, I went ashore to Port St. Marie's; I left the Captain on board, to receive Orders from the Flag concerning the Bomb Vessels: After that, I was ordered to Matagorda, to land some Field Pieces and Battering Pieces; as I was on Shore in the Evening, I saw some Shells thrown (about Three), but know not by what Order; they came a great Distance from the Shore: Two or Three Days after, One Bomb Vessel moved again, to throw Bombs at the Gallies; but threw none.

"Q. What Weather was it during that Time?

"A. It was always a swelling Sea, so I thought it to no Purpose to throw at the Gallies: One Evening I had Order from Sir Staff'd Fairbone to be in a Readiness with my Vessels; this was Two or Three Days before Sir Stafford sailed out of the Bay of Cadiz: The Weather was pretty well that Night, otherwise there was constantly a Swell when I was at Sea; but I was often on Shore.

"Q. Was the Swell so great, that, if the Bomb Vessels had been hawled within a proper Distance for bombarding Cadiz, you could have done Service?

"A. In case I had had an Order to have gone in to have viewed the Ground that calm Evening, and had found Depth of Water at a proper Distance, I believe I could have done Service: There must have been at least Five Fathom Water; the Vessels draw Twelve or Fourteen Foot Water.

"Q. Were you at any Time directed, or knew of any Direction to any other, for viewing, whether, at any proper Place or Station for bombarding the Town of Cadiz, there run such a Swell as would have made the Bombardment ineffectual?

"A. I had no such Direction, nor knew of any such.

"Q. Does the Water at every Tide slow round The Matagorda?

"A. I can't be positive; but I have seen the Water flow about it.

"Q. Can you give any Account of the Strength of the Fort of St. Lewis?

"A. I know not the Strength of it; but I believe there is 24 or 30 Guns.

"Sir Stafford Fairbone, being sworn, was asked,

Sir Stafford Fairbone.

"Q. What was the Occasion of Admiral Rook's going on board Admiral Hobson, before he attacked the Boom at Vigo; and what did you observe or hear there?

"A. The Occasion, as far as I can remember, was upon the Ships stopping that were ordered in, that Sir G. Rooke came in his Boat along the Side of The Essex, and took me in his Boat, and went aboard The Torbay to view the Boom, and the Strength of the Batteries: After some Debates, he asked, "What was to be done?" and I answered him, "That I thought no Time was to be lost."

"Q. What Distance was The Torbay from the Batteries?

"A. I believe, about Random Shot.

"Q. Did Sir G. Rooke observe the Stop of the Ships himself, or had he any Notice thereof from any other?

"A. The Stop of the Ships was visible to every body: I have heard that Sir Thomas Hobson did send him a Message, and I believe it was by Captain Jennings.

"Q. Know you what that Message was, that was sent by Sir Thomas Hobson to Sir G. Rooke?

"A. I was not with Sir G. Rook when the Message came; but I believe Captain Jennings can best infrom you: I can't charge my Memory with what the Message was.

"Q. What were the Debates when you were aboard The Torbay?

"A. The Strength of the Boom, and the Strength of the Batteries; and whether we might not be able to break them.

"Q. Were not the Boom and the Batteries viewed before that Time?

"A. I believe they were; whether they were so near, or no, I cannot tell.

"Q. At what Distance from the Boom were The Torbay, and the other Ships, when the Resolution was taken of attempting the Boom?

"A. The Resolution was taken the Day before, in a Council of War; and The Torbay was then intermixed with the rest of the Fleet.

"Q. Who were the Officers aboard The Torbay, when these Debates were?

"A. Sir G. Rooke, Sir Thomas Hobson, Captain Lake, Captain Jennings, Captain Baker, and myself; there might be other Captains, but I do not remember them.

"Q. Did you at any Time hear, from any of the Prisoners, in what State the Enemies Ships, the Boom, and Batteries were, when you first came to an Anchor in the Harbour of Vigo?

"A. After the forcing of the Boom, a Scotchman, who was a Prisoner to the French, was brought aboard on me; and he, to the best of my Remembrance, told me, "That, if we had been so fortunate as to have made our Attack the First Day, we had found the Boom scarce fixed, the Batteries without Powder and Ball, and the Ships not primed ready to be set on Fire."

"Q. How near did the Admiral anchor to the Boom, after the Action was over?

"A. I think, about Half a Mile without the Boom, or thereabouts.

"Q. Whether the Ships anchoring so far in were not in Danger, by the Ships of the Enemies that floated burning?

"A. Yes, truly, I think they were in some Danger; I was up myself about 48 Hours, to prevent the Ships coming aboard of our Ships, by ordering the Enemies Ships on Fire to be towed on Shore.

"Q. Where lay the Admiral's Ship in the Beginning of the Action?

"A. I presume, in the Station of the Line; I know not but it might be about Two Miles, I can't exactly tell the Distance, moving forward till he came into the Distance of Half a Mile, as is said before.

"Captain John Jennings, being called in, and asked, upon his Oath,

Capt. Jennings.

"Q. What was the Occasion of Admiral Rook's going on board Admiral Hobson before he attacked the Boom at Vigo, and what he observed or heard there?

"A. My Direction from Sir Thomas Hobson was verbal; and, to the best of my Remembrance, I went on board Sir G. Rooke, and acquainted him, "That Vice Admiral Hobson bid me acquaint him, That the Occasion of his coming to an Anchor was by reason of its being calm, and likewise of the Dutch not being come up to sustain the Line; and withal to tell him, That he conceived the Place much stronger than any Report had been given to him of it; and likewise, that he desired that he would come on board to view the Strength of the Place, if he thought it proper:" We were then within Point Blank Shot of the Batteries. Upon my delivering this Message to Sir Geo. Rooke, he being then about a Mile and Half (to the best of my Judgement) from The Torbay; he immediately ordered his Boat to be manned, and I saw him call on board The Essex for Sir Stafford Fairbone, and took him into the Boat with him, and soon after came on board The Torbay (there being no Wind, quite calm).

"Q. What did you observe to have passed on board The Torbay, between Sir Geo. Rooke and the Officers that were then on board?

"A. I observed, that Sir G. Rooke, Sir Thomas Hobson, Sir Stafford Fairbone, and Count Guildenlieu, went into the Cabin together; Captain Baker and I were then on the Quarter Deck.

"Q. Did Sir G. Rooke view the Boom, the Batteries, and Fortifications, before he went into the Cabin?

"A. I saw him looking in his Glass out of the Cabinwindows on the Batteries and the Ships; as every body else that were there did at Times.

"Q How long was Sir G. Rooke on board The Torbay, before he gave Orders to proceed upon the attacking of the Boom?

"A. It's impossible I should remember the Time exactly; he was about Three Quarters of an Hour.

"Q. What Officers were aboard Sir Tho. Hobson when he gave you Orders to go to Sir Geo. Rooke?

"A. To the best of my Remembrance, Sir Andrew Lake and Captain Baker; I remember no others.

"Q. How long were you on board The Torbay before Sir Thom's Hobson sent you to Sir G. Rooke?

"A. I believe, about a Quarter of an Hour.

"Q. Were there any other Captains, or superior Officers, on board The Torbay, at any Time of that Day while you were there, besides those you have already named, before you were sent by Sir Thomas Hobson to Sir G. Rooke?

"A. All the Captains of the Line were there that Day, before they came to an Anchor.

"Q. Were you sent upon that Message, by Sir Thomas Hobson, to Sir Geo. Rooke, upon his own Observation, or upon any Consultation with the Captains then on board?

"A. By his own Observation; and not by any Consultation that I know of.

"Q. Were not the Boom and Batteries viewed before that Time?

"A. Not in the Day-time, that I know of; Captain Norris was sent the Night before, to view the Boom, and likewise to command the Guard-boats.

"Q. Did you, at any Time, hear from any of the Prisoners in what State the Enemies Ships, the Boom, and Batteries were, when you first came to an Anchor in the Harbour of Vigo?

"A. If there were any Prisoners, they were on board The Soveraign; and I was not there.

"Q. How near did the Admiral anchor to the Boom, after the Action was over?

"A. I believe, about a Mile, or less; but I can't be positive.

"Q. Whether the Ships anchoring so far in were not in Danger by the Ships of the Enemies, that floated burning?

"A. In no Danger in the World being burnt.

"Q. Did you not hear of any that were forced to cut or slip their Cables, to avoid the floating Ships that were on Fire?

"A. None but The Torbay, that I know of; but there might be others.

"Q. Do you know that any of the Ships put themselves in a Condition of anchoring by the Stern at the Attack at Vigo?

"A. I had an Anchor astern; I cannot answer as to any other Ships than my own.

"Q. Know you by what Boat Captain Lake was taken out of the Water?

"A. My own Eight-oar Boat took him up, and carried him aboard his own Ship.

"Q. Do you know, whether the Fire was in a Manner extinguished before Captain Lake got on board?

"A. It was most of it extinguished: There was a great Smoke on board; but I did not observe any Fire.

"Q. Was it possible for Captain Lake to get sooner on board than he did?

"A. No; without any other Boat had taken him up first.

"D. Ormonde.

"Questions asked the Duke of Ormonde, with his Answers thereto.

D. of Ormond.

"Q. Did you propose marching the Army to St. Pedro?

"A. I proposed marching, if it was thought feasible.

"Q. Whether you know of any Regular Troops that joined the Spaniards after your First Landing?

"A. Deserters told me, there was a Regiment of Horse from Gibraltar, which had been in Garrison at Ceuta, and another from Malaga.

"Q. When did they come, and how came they?

"A. I think, they came about a Week after the English Forces were landed.

"Q. Whether was there, at any Council of War, any Offer by any Person to go above The Pontals?

"A. Sir Stafford Fairbone did offer to go, with any Ships they would give him; and I believe it was at the First Council of War.

"Q. Who were sent to found the River St. Pedro?

"A. Colonel Carle and Sir Thomas Smith, and, I think, Captain Cowe, then First Lieutenant of The Ranelagh.

"Q. Whether, at the Council of War the 13th of August, they were unanimous?

"A. I was always of Opinion for landing there: I remember Mr. Greydon was; but I know not whether Sir G. Rooke was, or no.

"Q. Was it by Advice of Sir G. Rooke that the Army marched to Redondello?

"A. I was marching before I could hear from him, as well as I can remember.

"Q. Did Sir G. Rooke give you Notice of there being a great Surf, or of the Danger of landing in it?

"A. I heard nothing from him in relation to that Matter.

"Q. When received you the Instructions of the 24th September 1702?

"A. About Two Days before I came to Vigo.

"Q. What was done thereupon?

"A. I put them in Arrest, before I landed at Vigo.

"Q. Was the Queen's Letter, of 16th October 1702, received by you?

"A. I do not remember that I received it.

"Q. Why did you not land your Forces on some Part of the Isle of Lyons?

"A. I was for landing there; but was over-ruled by the Council of War.

"Q. Whether was the Council of General Officers, mentioned August 13th, unanimous in that Resolution?

"A. I believe, they were not.

"Captain Peter Watton.

Captain Watton.

"Q. How was the Wind and Weather, when the Fleet came first to Cadiz?

"A. The Wind was W. N. W. We anchored in Twenty-four Fathom. We were, I believe, Two Miles from St. Sebastian, about Two Leagues from St. Pedro: I saw none of the Enemies Gallies in The Bay of Bulls: I saw One small Vessel running up: I never was in the Entrance to St. Pedro.

"There are indifferent Gravel Groundings generally: There is an ugly Swelling there: I believe there is about Ten or Eleven Fathoms between The Pontals, at High Water.

"It must be a small Ship that can turn between The Pontals: I believe, the Distance is not Half a Mile: I saw some Ships sired and sunk between The Pontals, but I remember not the Time; it was presently after our coming into the Bay, I think it was the Day after: I believe it is Four Miles between St. Sebastian and S'ta Catalina.

"Captain Rich'd Hughes.

Captain Hughes.

"Q. How was the Wind and Weather, when the Fleet came first to Cadiz?

"A. The Wind was N. W. and W. N. W.

"Q. Was any of the Enemies Ships or Gallies in the Bay, when you came there?

"A. I saw no Ships in the Bay; I saw Three or Four above The Pontals: I never was at Cadiz before.

"Captain John Fletcher.

Captain Fletcher.

"Q. How was the Wind and Weather, when the Fleet came first before Cadiz?

"A. The Wind was W. by N. W.; pretty fair Weather.

"Q. Where anchored you?

"A. On the Back Side of Cadiz, Two and Twenty Fathom Water; about Five or Six Miles from the Shore; Three Leagues from St. Pedro.

"Q. How is the Anchorage about St. Pedro?

"A. I never was in a Boat there; Frigates went to cruize there; but what Account they brought, I know not: Captain Morris, in The Newport, was sent to found the Place.

"Q. Whether were any of the Enemies Ships or Gallies in the Bay of Cadiz, at your coming there?

"A. I remember One Ship going up: I know not that the Enemies Ships were at Anchor there; and I took her to be above The Pontals.

"Q. How wide is the Channel between The Pontals?

"A. About Two Cables wide.

"Q. What Water is there at Low Water?

"A. Four or Five Fathoms.

"Q. What Depth of Water above The Pontals?

"A. Six or Seven Fathom.

"Q. When were the Ships sunk above The Pontals?

"A. I believe, on our coming there; but they were not, as I think, sunk nor fired all at once.

"Sir Geo. Rooke.

"Sir G. Rooke.

"Q. Why was not the Manner of attacking Cadiz resolved before you came in Sight of it?

"A. It would have been very improper, till we knew in what Condition Cadiz was, as to the Number of Ships that might have been in the Bay for its Defence.

"Q. Was it foreign for a Council of War to resolve, before they came to Cadiz, in case the Enemy had any Number of Ships in the Bay, that they should be attacked?

"A. I think it was, with relation to the Instructions, which have an Exception in that Case.

"Q. Whether the Council of General Officers, mentioned August 13th, were unanimous in that Resolution?

"A. I must refer to the Councils of War?

"Q. What Report was made by the Engineer?

"A. I cannot justly tell; but, to the best of my Remembrance, they gave an Account of the Soundings, and that there was tolerable good Landing in the Back of the Island.

"Q. Why they landed not on the Isle of Cadiz?

"A. I believe, the Councils of War mention the Reasons.

"The Council of War was read.

"Q. Whether all the Instructions were read?

"A. I believe so: I appeal to the Duke of Ormonde and all the Flag Officers, whether every Instruction and every Letter that accompanied them were not read: They were not only read publicly; but they lay upon the Table, and every Officer had his Liberty to peruse them.

"Q. If the Army was landed at the Back of the Island, whether Assistance could not be given them by the River St. Pedro?

"A. Every Man knows that the Ground is foul on the Back of the Island; nor am I satisfied there is a Passage there, when the Wind is out: I offered a Reward to any Spaniard, or other, that could give me Information, and undertake that Charge: The Pilots were all on board for that Purpose. I think, the Council of War was closed before the Return of the Engineer and the Boats.

"Q. Why The Pontals were not immediately attacked, when the Winds were so fair that you saw the French Ships and Gallies fail within The Pontalls?

"A. Do you find, by my Instructions, or any Council of War, that I had Power to make any such Attempt? Was I to engage the Consederate Fleet, without the Resolution of a Council of War?

"Q. Whether it was considered, at any Council of War, to attack The Pontals with the Ships?

"A. At every Council of War, it was considered how to make the Fleet most useful to annoy the Enemy; the taking of Fort Catalina and Matagorda was in order to the attacking their Ships: It was agreed, in a Council of War, that there was no going into the Bay without taking those Forts.

"Q. Whether Sir G. Rooke was of Opinion, that the Ships could not lie safe from the Shot of the Town and the Fort Catalina until it was taken?

"A. I was of that Opinion, and I am of that Opinion; and that Opinion is confirmed to me by the Flag Officers and the Officers that were in the Bay of Cadiz after the Fort was taken.

"Q. Whether you agree, that it is Five Miles Distance from the said Fort to the Town?

"A. It is above Three Miles, it may be Four: The Flag Officers acquainted me, that it was impossible for any Detachment of Ships to lie there, without being molested with the Guns.

"Q. When did the Flag Officers give you this Account?

"A. After they had been in the Bay of Cadiz.

"Q. Why did you not agree to cut off the Communication between Fort St. Marie's and the Town?

"A. I think, it was by a Council of War agreed, that it was impracticable to lay a Squadron of Ships within The Diamond till Fort St. Catalina was taken; and the Communication could not be cut off, but by a Squadron of Ships lying in the Bay of Cadiz.

"Q. Whether you gave the Duke of Ormonde Notice, in the landing the Forces, of there being a great Surf, and the Danger of it?

"A. Surfs appear to every Man's Eye: There was no Failure on my Part; he had a Flag Officer and Five Captains to attend, and assist, and aid him: I was ill in Bed at that Time; if I had been up, I could not have used greater Caution.

"Q. Why were not the bigger Ships made Use of, since there were not small ones sufficient?

"A. The bigger Ships were made Use of; there were Ships of Sixty or Seventy Guns, particularly The Lenox: Bigger Ships could not lie in the Bay of Cadiz, without being in the Shot of the Cannon of the Town.

"Q. Whether, on landing, Order was given, that no Plunder should be received on board?

"A. I believe not: I could not conceive they went to plunder ; but, as soon as I heard there was any plundering, contrary to the Declaration, I gave Order that none should be received on board; and what was on board, should be reserved for the Queen's Service.

"Q. Did you afterwards give any Order to receive any Goods on board?

"I did not; unless it were for Provisions.

"Sir Geo. Rooke.

"Q. Whether were the Pilots, you endeavoured to procure, for the Passage into St. Pedro, or the Passage into The Pontals?

"A. I endeavoured to get Pilots, not only for the Entrance into The Pantals and for the Passage into St. Pedro, but into the River of Civel also.

"Q. Whether you thought it impracticable to land the Forces on any Part of the Island of Lyons?

"A. I did not think it impracticable to land the Forces on the Back of the Island of Cadiz; but it would have been very difficult to have landed the Horse and Artillery.

"Q. How did you know there were Batteries of 200 Guns on the Shore?

"A. I did not say there was Batteries of 200 Guns on the Shore; but there was more than that Number on the Shore, in the Town, in Three new Batteries between the Town and The Pontals, in the Two Forts at the Entrance of The Pontal and Fort Lewis, and in their Ships and Gallies, all which faced and bore upon the Bay.

"Q. How came the Resolution of the Council of War, of the 29th August, to be taken?

"A. It was upon a Letter from the Duke of Ormond, brought off by Sir Henry Bellasyse.

"Q. Why, when St. Catalina Fort was taken, did you not fail with the Fleet into the Bay of Cadiz?

"A. Because there was not Room for the detached Squadron of Sixteen Ships and the Bomb Vessels to ride secure from the Danger of the Ground, and the Shot of the Town.

"Q. Whether you thought it possible Cadiz should be taken, by landing in The Bay of Bulls?

"A. No, nor without it; for, unless a Squadron of Ships could lay in the Bay of Cadiz, which was judged impracticable till Fort Catalina was taken, the Communication between the Town and Port St. Mary's and the River of Sherrys could not be cut off; without which, I think, there is no Reason to believe the Town could be reduced with the Number of Forces under the Duke of Ormond's Command.

"Q. What Cruizers were abroad, and under what Orders, at any Time during your riding in The Bay of Bulls?

"A. The Paper marked N° 1. is a Copy of Orders to the Cruizers.

"Q. What spare Ordnance Stores did you carry out of England?

"A. None for the Fleet.

"Q. How many Bomb Vessels, and what Number of Bombs, did you carry with you; and did you think that Number of Bombs and Vessels sufficient for the Service you were going on?

"A. We had Five English Bomb Vessels, and Three Dutch; the Paper marked N° 2. explains what Number of Bombs and Carcases were for our English Mortars; but what the Dutch had I cannot say, though I do believe the Number of Bombs and Vessels were sufficient for the Service we were going on.

"Q. Was any Care taken to ship off or destroy the Provisions or Naval Stores at Port St. Marie's?

"A. The Agent Victualer, and his Clerks, were employed a considerable Time to get off the Provisions, with Lieutenants and other Officers and Men to bring them off, as also the Naval Stores; and what was not brought off, I do hope and believe was destroyed, according to the Resolution of a Council of War on that Behalf.

"Q. Why was the Spanish Captain set ashore at Cadiz; and what Account did he give you of the State of the Place and Batteries?

"A. Rear Admiral Fairborne sent off a Spanish Boat with an Officer, which came from Cadiz, and was bound to Port St. Mary's; whom after Rear Admiral Graydon had examined, I sent him back again to Sir Stafford Fairborne, with Orders to let him pass on to Port St. Mary's; and if that he went back to Cadiz, it was without my Orders or Permission.

"Q. Whether there was any Number of Spanish Prisoners set ashore contrary to the Duke of Ormond's Opinion and Desire?

"A. Not that I remember.

"Q. What were the Reasons for the Result of the Council of War of the 2d of September?

"A. The Council of War mentions the Occasion, which was a Council of the Land General Officers brought off by Brigadier Seymour.

"Q. What Number of Ships did the whole Fleet consist of?

"A. Fifty Ships of the Line of Battle, Thirty-eight Frigates, Fire Ships, Bomb Vessels, and Hospital, Store Ships, &c. Forty-three Transport Ships, Eight Victualers, Twenty Ordnance Ships, Twenty-one Tenders.

"One Hundred and Eighty, besides the Dutch Transports and Tenders.

"G. Rooke.

Sir G. Rooke.

"Q. Were there more Difficulties, when you came to Cadiz, than you were informed of before you went thither?

"A. There were several Fortifications on float, which we could have no Account of before we went. The taking Cadiz is more difficult than taking Brest or Tholoun, though I do not say either of them is feasible.

"Q. Who were those, in the Council of War of the 15th of June, that were of Opinion it was too late for the Fleet to proceed farther than The Corunna?

"A. Nobody that I know of, though I cannot undertake to remember my own Opinion at so great a Distance of Time; much less can I pretend to give an Account of other Men's.

"Q. Whether the Council of War of 13th August were unanimous in their Opinion of not landing on the Back of the Island of Cadiz; and if they were not, which of them was dissenting?

"A. I cannot say they were all unanimous, nor which of them were dissenting.

"Q. Whether any of the Council of War of the 13th August proposed to attack the Ships above The Pontals?

"A. I cannot say whether there was any such Proposal or not, though possibly there might be.

"Q. What Account did Captain Morrice give, pursuant to the Order of the 25th August, of the Entrance into St. Pedro River, and when?

"A. Captain Morrice returned 26th August from St. Pedro; and gave me an Account, "That a Mile and Half from the Mouth of the Entrance into St. Pedro was very foul Ground, and not safe for a Ship to stand in nearer; that the Creek's Mouth is about a Quarter of a Mile broad, and near Three Fathoms at High Water; that there was a Battery on the Island of St. Pedro, which fired a Gun, that grazed very near his Boat; and, in his Opinion, Boats might go in at any Time of Tide in fair Weather." So soon as he returned, I ordered him ashore, with the Engineer, to attend the Duke of Ormonde. And if this Answer be not satisfactory, the Captain is in Town.

"Q. In what Disposition did the Fleet fail into Vigo; and what Method did you take in finding your Way into it?

"A. We made an Attempt or Two of getting in, but was disappointed by the Night's coming on; so that I was obliged to lay the Fleet by, on the Tenth of October at Night, in order to be in Reach of a Day's Sail of the Port; on the 11th, at Break of Day, we saw the Islands of Bayonne, upon which I made the Signals for bearing away; but within Half an Hour it proved Rainy Thick Weather: The Kent and Lowestaff being near the Islands, and having Sight of the Islands, we kept Sight of them generally speaking, and sending the Yacht and a Smack a-head to secure their Sight of the Two Frigates, I sent The Somerset, whose Master was acquainted with the Port, next to them, and followed myself in The Roy'l Soveraign; and every Ship keeping Sight one of another, we entered the Port, and came near the Town of Vigo before we were discovered: And as nothing but my Zeal for the Service, and the Prospect of so great an Advantage to my Country, could have induced me to so hazardous an Undertaking; so am I now satisfied, nothing but the Success would have justified that Attempt.

"Q. How was the Attack disposed at Vigo?

"A. I take it, the Line of Battle is in my Journal, though that was altered by a Concert with some of the Flag Officers, and the Approbation of the rest, by which the Two Vice Admirals, with their Divisions, were intended to fall upon the Boom at once; and in case that had brought them up, it was ordered that every Ship in their Turn should have fallen into the Intervals, and have made One entire Battery upon the Enemy.

"Q. Was the Boom and the Battery viewed before the Attempt?

"A. While we were holding the Council of War for the Attack, Captain Norris, who rode next the Boom, came on board, and gave us a pretty near Account of the Batteries and Position of the Boom: There was also at Night Guard-boats sent in, to make their Observations; but, the Night being dark, they could give little or no Account of the Batteries, and only that there was a Boom in the Entrance of the Harbour where the Enemy lay. The next Day, after the Line was formed, upon a Message from Vice Admiral Hopson, I went aboard his Ship, with Rear Admiral Fairbone, Count Guldenlieu, and others, and viewed the Batteries and Boom myself, and ordered that the Attack should be made as it was before directed.

"Q. Did you order the Ships, that made the Attack at Vigo, to put themselves in a Condition of anchoring by the Stern?

"A. No, nor I saw no Reason for it. I cannot but observe, these Questions seem to imply that there was too little Caution used at Vigo, where the Difficulties were not very considerable; as the former does, that there was too much at Cadiz, where the Hazards were so obvious as to render the Attempt irrational and impracticable.

"Q. What was the Reason Vigo was not attempted, in order to winter the Forces there?

"A. I presume, the Letters that passed between the Duke of Ormond and myself, on that Subject, may be a full and sufficient Answer.

"Q. How many Ships of Force may be harboured in Byonne?

"A. I presume, it is meant Bayonne; of which Port or Bay I have no Knowledge.

"Q. Could they not be secured there from any Enemy?

"A. I presume not; because the French and Spanish Ships were at Vigo; and I think it may reasonably be concluded, they would have put themselves into that Harbour, which was most likely to prove their Security.

"Q. Did you send to take a View of the Harbour of Bayonne?

"A. No, I did not; I thought it more advantageous to the Service to get the great Ships Home in Safety, than to keep them abroad in the Winter Season, by trifling away the Time in unnecessary Discoveries.

"G. Rooke.

"Sir G. Rooke.

"Q. What did you mean by Fortifications afloat, in your Answer on the 27th January last, to the Question then asked you?

"A. I meant Ships, Gallies, and some on Hulks; the Officers that were on that Service can best inform; I was then ill. There was a Battery between Matagorda and Port Lewis, with a Chain; there were Three Men of War to support the Boom, and with them the Gallies: I know not but there might be more; I am sure there were so many, they annoyed the Approaches more than the Batteries.

"Q. Did Captain Wright go with you?

"A. No."

ORDERED, That the Report made this Day from the Lords Committees shall be taken into Consideration Tomorrow, at One a Clock; and nothing to intervene.

Rear Admiral Greydon & al. to attend.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Rear Admiral Greydon, Sir Stafford Fairborne, Captain Cowe, Colonel Carle, Colonel Peteet, Albert Bourger, Captain Jennings, Captain Fletcher, Captain Watton, and Captain Hughes, do attend this House To-morrow, at One a Clock.

Message from H. C. for a Conference relating to Commissioners of Public Accompts:

A Message was brought from the House of Commons, by Mr. Boyle and others:

To desire a Conference with this House, upon the Subject-matter of the Message of the Fourth Instant, relating to the Commissioners for taking, examining, and stating, the Public Accompts of the Kingdom, and the Proceedings of this House in relation to the Observations of the said Commissioners.

Answer.

The Commons, being called in, were told, "That this House will send an Answer by Messengers of their own."

Committee to consider of an Answer to it.

ORDERED, That the Lords present this Day, or any Five of them, be a Committee, to consider of the Message brought from the House of Commons, in Answer to the Message to them of the Fourth Instant, relating to the Commissioners for examining and stating the Public Accompts of the Kingdom, and the Proceedings of this House on the Observations of the said Commissioners; and to inspect the Journals, in relation to Messages of the like Nature; and report to the House.

Messages from H. C. with a Bill; and to return the one for taking, &c. the Public Accompts.

A Message was brought from the House of Commons, by Mr. Hammond and others:

To return the Bill, intituled, "An Act for taking, examining, and stating, the Public Accompts of the Kingdom;" and to acquaint this House, that they have agreed to their Lordships Amendment made to the said Bill.

A Message from the House of Commons, by Mr. Pagett and others:

Who brought up a Bill, intituled, "An Act for raising the Militia of this Kingdom, for the Year One Thousand Seven Hundred and Three, notwithstanding the Month's Pay formerly advanced be not re-paid;" to which they desire the Concurrence of this House.

Members of H. C. Qualification, Bill.

The Order being read, for reading of the Bill, intituled, "An Act for providing, that no Persons shall be chose Members of the House of Commons, but such as have sufficient Real Estates," a Second Time.

It was proposed, "To put off the Reading of the said Bill."

After Debate;

The Question was put, "Whether this Bill shall be now read?"

It was Resolved in the Negative.

ORDERED, That the said Bill be read a Second Time on Monday next, at Twelve a Clock; and all the Lords summoned.

Mutiny Bill.

Then the House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for punishing Officers or Soldiers, who shall mutiny, or desert Her Majesty's Service, in England or Ireland; and for punishing false Musters, and for better Payment of Quarters in England."

After some Time, the House was resumed.

And the Lord North and Grey reported, "That the Committee had gone through the said Bill, and made some Amendments therein; which he is ready to report, when the House orders it."

ORDERED, That the said Report be made To-morrow, the First Business.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum septimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

17th March, 170 2/3, hitherto examined by us,

Stamford.
Ric. Peterborough.
Jo. Bangor.
Bergevennt.
Mohun.
Herbert.
Halifax.