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A38310 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. England and Wales. Parliament. House of Lords.; William III, King of England, 1650-1702. 1699 (1699) Wing E2801; ESTC R29789 4,905 14

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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 Expedition 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 Neglect of Duty and Breach of Orders We have likewise 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 Orders 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 Desborow Whereupon we had Resort to the Original Depositions 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 Captain 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 Carbonier to gain Intelligence if those Ships had done any Injury there That their Captain went a-shore and returned 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 Depositions 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 Desborow 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 Frigat-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 Orders or Neglect of Duty could justly be charged upon the Petitioner Charles Desborow Whereupon this House proceeded to Pass the Three following Votes viz. I. It is Resolved by the Lords Spiritual and Temporal 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 given 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 Service both at Home and Abroad which we are sensible hath extremely suffered on this Occasion and for preventing the like discredit damage and mismanagement for the future And whereas several Matters of very great Consequence have been throughout the course of these Examinations Sworn against Captain Norris which we forbear to enter into a more particular Enquiry of because the said Captain Norris was not here to answer for himself 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 Die Veneris 21 April 1699. The Earl of Bradford Reported His Majesty's Answer to the Address Relating to Captain Desborow as follows THAT His Majesty will Consider of the Address and give the necessary Directions in order to what the House desires FINIS