The humble address of the Lords spiritual and temporal to His Majesty in relation to the petition of Charles Desborow, late captain of His Majesty's ship Mary Gally, employ'd in the expedition to Newfoundland in the year 1697 under the command of Captain John Norris : and His Majesty's most gracious answer thereto.

Die Lunae 17 April. 1699.

WE Your Majesty's most Dutiful and Loyal Subjects, The Lords Spiritual and Temporal in Parliament Assembled, Humbly acquaint Your Majesty, That We have received a Petition from Charles Desborow, late Captain of Your Majesty's Ship the Mary Gally, em∣poly'd in the Expedition to Newfoundland in the Year 1697. under the Command of Captain Norris: Which Petition sets forth, That on the 21st of July, 1697. Mon∣sieur Ponti appeared off the Port of St. John's, which gave the fairest Opportunity imaginable to those that were then employed on that Expedition, to have taken the French, if the Intelligence that from time to time was given by the said Charles Desborow and others, had been believed: And that instead of receiving any En∣couragement for his Readiness to do Service to the Na∣tion, he was unjustly charged with Breach of Orders, and Neglect of Duty, and dismist from his Command.

Which We conceived to be a Matter of so Ill Conse∣quence to Your Majesty's Service, if there were Truth in it, that We thought fit to enter into a particular Exa∣mination upon Oath, of the Allegations of the said Peti∣tion: Wherein the said Desborow does acquaint the Com∣mittee of this House, That on the 21st of July Five French Ships appeared off St. John's, which were re∣ported by Prisoners taken, to be part of Monsieur Nes∣mond's Squadron appointed to Attack St. John's.

That on the 23d of July, Four Englishmen who had been taken Prisoners by Ponti, made their Escape, and informed him the said Desborow, That the Five Ships before-mentioned belonged to Ponti: That most of his Men were sick, and that their Provisions were short. These Four Men informed Commadore Norris the same thing, and also that they came from the West-Indies; but he would not believe them.

That Alexander Cumberbatch (who was a Prisoner with Ponti, but being sent under a Guard to the Shore to get him Provisions, and liberty to Water) gave us Notice hereof by Letter; and told us, That if we would serve our Country, this was the time.

That Edwards and Shuttleworth brought this Letter from Cumberbatch, and affirmed the same thing, but we would not believe them.

That on the 26th of July the said Desborow was sent out to discover them; and Captain Littleton was sent out the same day, or the next, to Carbonier, where pur∣suing a French Boat sent out from Ponti, the Frenchmen were forced on Shore, and surrendred themselves to the Merchant-men that kept Guard on the Island of Carbo∣nier, who brought Five and twenty of them to Captain Norris, to whom they owned it was Ponti's Fleet, and not Nesmond's; but he would not believe them, but threatned to Whip them.

While this was duing, the said Desborow came in, and assured them, There were Five French Men of War, and no other Ships near them; but neither the French Prisoners, Shuttleworth, the said Desborow, nor the four English that had been Prisoners, could be believed; so it was resolved, Not to go out to sight them.

William Essex and Charles H••shfield being Examined before the said Committee, said much to the same Ef∣fect;

and particularly, That they heard the four En∣glish Prisoners say, That those French Vessels were Five Men of War under Ponti, come from Carthage∣na, who they said were weakly Manned, and had but little Wood and Water Aboard.

And Cumberbatch inform'd the said Committee, That when he came out of France, the Commissioners of the Admiralty gave him 500 l. and a Medal and Chain of 150 l. value; and gave his Mate 50 l. and a Medal of 30 l. for the Intelligence he the said Cumberbatch had gi∣ven to Commadore Norris at St. John's.

John Bayly deposed, That the Ship Monk, where Captain Norris was Commander, had several Bails of Linnen and Woollen, Brandy, and Wine, Haberdashery Ware, and Druggets on Board; and that the Bails lay between the Guns, and before the Cabbin-door, from the 21st to the 28th of July; and that the said Ship was so pestred with Goods, that she was not fit to go to Sea all the while Ponti lay there; and they took the Fishes, Top-Masts, and Chains, to make a Boom a-cross the Harbour, to keep Ponti out.

George Wittered also deposed, That the said Monk was so pestred with Goods on the 21st of July, when Ponti appeared at the Mouth of the Harbour, that she was not fit to go out; and that they took the Fishes, Top-Masts, and Chains, to make a Boom to keep Pon∣ti out.

We have likewise lookt into the Resolution of the Council of War, of the 24th of July, 1697. which was called upon the receiving an Express from the Ma∣sters of the Merchants Ships at Carboneir, of Five French Men of War being seen off that Port, which the Officers of the said Council of War judged to be a Part of Monsieur Nesmond's Squadron; where it was

considered, Whether the Squadron should go to Sea or not; to which Council of War the Land-Officers were joined; and the Question being put, the Votes were as follow; every man signing his Opinion to his own Name.

Seamen.

• Francis Dove, Yea.
• Robert Stapilton, Yea.
• James Littleton, No.
• Charles Desborow, Yea.
• Cooper Wade, Yea.
• Roffey, No.
• James Mighells, Yea.
• Tho. Day, Yea.
• John Cranby, Yea.
• John Drake, No.
• Nicholas Trevannon, No.
• John Norris, Yea.
• Tho. Smith, No.

Landmen.

• John Gibson, No.
• Tho Dore, No.
• Tho. Handusyd, No.
• Cliff. Brexton, No.
• Griff. May, No.
• Hugh Boyd, No.
• M. Smith, No.
• Jos. Hargrave, No.
• Rob. Dalyell, No.
• H. Petit, No.
• George Watkins, No.

These Votes were signed the 24th of July, at Three of the Clock in the Afternoon; by which it was carried, That the Squadron should not go to Sea.

After this We Examined all the Captains that are now in England, that had been employed on that Expe∣dition; who owned the Intelligence above mentioned, but distrusted the Truth thereof, thinking still it must be Nesmond, and not Ponti: And yet by an unaccountable Negligence took no care to send out others to be further satisfied of the Truth of the aforesaid Intelligence.

As concerning the said Desborow's being broke by a Court-Martial on the 11th of August following for Neg∣lect

of Duty, and Breach of Orders; We have like∣wise Examined as many of the Captains of that Court-Martial, as are now in England, who do not charge the said Desborow with any particular Breach of Or∣ders, or Neglect of Duty; but res••rred themselves to the Depositions taken at the Court-Martial for the Ground of their Reasons for breaking the said Desbo∣row: Whereupon we had Resort to the Original De∣positions then taken upon Oath; and First of John Stoneman, the Master of Your Majesty's said Ship, Mary Galley; which saith, That having Sailed out of St. John's Harbour on Monday the Six and twentieth Day of July, they Steered to the Northward, and on the Seven and twentieth of the same, they gave Chace to Three small Sail, one whereof proved to be the Lisbon Merchant. Captain Sookes Commander, who came that Morning from Carbonier, and acquainted them, That the Night before there was taken a French Man of War's Boat, with several Prisoners; and that Cap∣tain Littleton was gone thence with them to St. John's: Also that there were Five Sail of French Men of War then at Anchor in Conception Bay: He further deposeth, That on the Eight and twentieth they saw them at about Four Miles distance from them; that the biggest of them had a White Flag at Main-top Mast-Head, which he judged to be a Ship of about 80 Guns under Sail; That thereupon they made the best of their way to St. John's Harbour, to acquaint the Commander in Chief with it; That they plyed off and on, off St. John's till the 29th; when they Sailed again to the Northward, the Wind at South West and by West, and the Weather very Foggy; That at 11 that Night they fell in with the aforesaid Five Sail near Cape St. Francis; That the Sternmost of them Fired a Gun, and made false Fires. Upon which all their Lights were put out immediately,

and they lost sight of them, it being hazy Weather; That they stood upon a Wind till it clear'd, which was about 2 in the Morning, when the Wind coming out at N. N. E. and seeing no Sail, they stood in for Car∣bonier to gain Intelligence if those Ships had done any Injury there; That their Captain went a-shore, and re∣turned at 9 at Night, and brought a French Prisoner with him; which had been taken in the forementioned Boat. He further adds, That that Night about 12 a Clock the Current set them so near to the Shoar, that ••hey were obliged to come to an Anchor till 3 in the Morning, when they weighed and made Sail for St. John's; but the Wind being contrary, they got not off that Harbour till the 31st, when their Captain went into the Harbour in his Boat, to acquaint the Commander in Chief with what Intelligence he had learnt.

Mr. John Crow, Lieutenant of Your Majesty's said Ship Mary Galley, John Car, and Nicholas Bundocks Mates of Your Majesty's said Ship, in their several De∣positions say near to the same Effect.

Mr. Arthur Bass, Lieutenant of Your Majesty's Ship Monk, doth depose upon Oath, That being sent by Captain John Norris, Commander in Chief of Your Majesty's Ships in Newfoundland, to get Intelligence from the Northern Parts of the Coasts, on the 28th of July, under Bell-Isle, he saw Five Ships which he was informed by the Inhabitants of that place were French Ships, Men of War; and that he did at the same time see in the Bay Your Majesty's Ship the Mary Galley, and to the best of his Judgment she was from 6 to 8 a Clock no nearer to the French Ships than two or three Leagues.

Which being the only Deposition that charges Desbo∣row with being at that distance from the French Ships,

We must observe, That the said Bass was not on Board the same Ship with Desborow, which the other Four Deponents were; and besides, the said Cumberbatch, who was then Aboard Ponty's Ships, does depose, That on the 28th of July (as he believes it was) he saw a Fri∣gat-built Ship of 36 Guns which he took for English; which Ship in truth proved to be the said Mary Galley; so that it does not appear to us, That any Breach of Or∣ders, or Neglect of Duty, could justly be charged up∣on the Petitioner Charles Desborow: Whereupon this House proceeded to Pass the Three following Votes. (viz.)

I. It is Resolved by the Lords Spiritual and Tempo∣ral in Parliament Assembled, That it is the Opinion of this House, That Captain Charles Desborow was unjustly broken; and also that an Humble Address be Presented to His Majesty from this House, That he may be restored to His Majesty's Favour, and his own just Rights.

II. It is Resolved, That the Squadron Commanded by Captain Norris, at St. John's in Newfoundland, not going out to sight Ponti upon the several Intelligences gi∣ven, was a very high miscarriage, to the great Disservice of the King and Kingdom.

III. It is Resolved, That the joining the Land-Officers with the Sea Officers in the Council of War of the 24th of July, 1697. was one occasion of the Miscarriage in not fighting Ponti.

All which, according to our Duty, we lay before Your Majesty, to the end Your Majesty may be plainly and impartially informed of the great Miscarriage in that Expedition, and the true Cause and Ground of it; not doubting, but that Your-Majesty upon a serious Reflection of this our Humble Representation, will give

effectual Orders for the Redressing and Recompencing this poor Man's Grievances and Sufferings in particular, and for Vindicating the Reputation of Your own Ser∣vice both at Home and Abroad, which we are sensible hath extremely suffered on this Occasion, and for pre∣venting the like discredit, damage, and mismanagement for the future.

And whereas several Matters of very great Conse∣quence, have been throughout the course of these Exa∣minations Sworn against Captain Norris, which we for∣bear to enter into a more particular Enquiry of, because the said Captain Norris was not here to answer for him∣self: We humbly desire, That Your Majesty would give effectual Orders that the said Captain Norris be forthwith Remanded, and ordered to Attend this House the next Session of Parliament, to Answer such Matters as have been now objected against him: And that in the mean time the said Captain Norris may be suspended from his Employment in Your Majesty's Service.