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et contra :

Journals of the House of Lords.
and Executrixes of Robert Warburton Esquice, deceased, Die Maris, 16° Februarii.

279
the Seventeenth Day of October and Eighth Day of
November One Thousand Seven Hundred; and the
Affirmation thereof, on the Thirteenth of May, One

Domini tam Spirituales quam Temporales présentes
Thousand Seven Hundred and One, on the Behalf of Pe.

fuerunt :
ter Warburton Esquire; and praying, " That so much of Arch. Ebor. :
" the said Decree as gives the Respondent a Double Epus. London:

Ds. Custos Magni
* Share of the Personal Estate, and of the Four Hundred Epus. Durem. &

Sigilli.

Ds. Bergevenny. « Pounds therein mentioned, and also from the Denial of

Comes Pembroke, Ds. Lawarr. Crew.

Præfes. ' “ Costs for the Appellants, may be reversed;" as alsoupon Epus. Roffen.

Ds. Ferrers. March. Normanby,

Ds. Wharton. the Answer of the said Peter Warburton put in thereunto; Epus. Sarun,

C. P. S.

Ds. North & Grey. and due Confideration of what was offered thereupon:

Epus. Norwic.
Dux Devonshire,

Ds. Brooke.
Judgement

Senescallus. Ds. Poulett. offirmed, with It is Ordered and Adjudged, by the Lords Spiritual Epus. Petrib: Costs. and Temporal in Parliament assembled, That the faid. Epus. Gloucestr. Dux Somerset.

Ds. Howard Esc.

Ds. Mohun.
Petition and Appeal of Alice Warburton and Hester War Epus. Ciceftr. Dux Richmond.

Ds. Raby.
burton shall be, and is hereby, dismissed this House; and Epus. Oxon. Dux Northumberland.

Ds. Colepeper. that the Decrees therein complained of, and the Affirma. Epus. Bangor: Dux St. Albans.

Ds. Lucas. tion thereof, shall be, and they are hereby, affirmed:

Epus. Carliol.

Dux Bolton.
And it is further ORDERED, That the Appellants Alice

Dux Bedford.

Ds, Rockingham. Warburton and Hester Warburton shall pay, or cause to

Dux Marlborough.

Ds. Berkeley Str.

Ds. Dartmouth. be paid, unto the Respondent Peter Warburton, the Sum

Comes Lindsey, Mag- Ds. Stawel. of Ten Pounds for his Costs, in defending the said Ap

nus Camerarius. Ds. Guilford. peal in this House.

Comes Carlife, Maref. Ds. Cholmondeley. callus.

Ds. Weston.

Comes Jersey, Came- Ds. Herbert. Warburton After hearing Counsel, upon the Petition and Appeal

rarius.

Ds. Haversham. verfus Warburton, of Peter Warburton, being a Cross Appeal to the Peri.

Ds. Bernard,

Comes Derby. tion and Appeal of Alice Warburton and Hester Warbur

Ds. Halifax.

Comes Northampton.
ton, from a Decree and Orders made in the Court of

Comes Denbigh.
Chancery, in a Cause wherein the Petitioner was Com-

Comes Manchester.
plainant, against the said Alice Warburton and Hester

Comes Rivers.
Ivarburton, Executrixes of Robert Warburton Esquire,

Come's Peterborowo.
deceased, John Warburton Doctor in Physic, Mathew

Comes Stamford.
Henry and Mary his Wife, were Defendants; and praying,

Comes Kingston.
" That so much of the said Decree and Orders as directs

Comes Carnarvon. “the raising, charging, and paying the Two Hundred

Comes Thanet. " and Thirty-eight Pounds, Eleven Shillings, and Six

Comes Sunderland. “ Pence, in the said Appeal mentioned, and Interest,

Comes Scarsdale. " and disallows him bis Costs of the said Suit, may be

Comes Sandwich. “ set aside and reversed; and that Costs may be taxed,

Comes Efex. “ and paid to him ;” as also upon the Answer of the

Comes Angleseyi faid Alice Warburton and Hester Warburton, Daughters

Comes Burlington. and Execuirixes of Robert Warburton Esquire, John War

Comes Feversham.
burton Doctor in Physic, Mathew Henry and Mary his

Comes Radnor.
Wife put in thereunto; and due Consideration of what

Comes Berkeley.
was offered thereupon:

Comes Nottingham. Judgement It is ORDERED and Adjudged, by the Lords Spiri

Comes Rochester. tual and Temporal in Parliament assembled, That the

Comes Abingdon. said Petition and Appeal of Peter Warburton shall be,

Comes Holderneffe.

Comes Plimouth. and is liereby, dismissed this House; and that the Decree

Comes Portland.
and Orders therein complained' of fhall be, and they are

Comes Montagu.
Comes Torrington.

Comes Scarbrough.
MefTage from
A Message from the House of Commons, by Mr.

Comes Warrington.
H. C, with a
Conyers and others:

Comes Bradford.
Who brought up a Bill, intituled, " An Act for gran-

Comes Orford.
“ ting to Her Majesty several Subsidies, for carrying on

Viscount Townshend. “the War against France and Spain;" to which they

Viscount Weymouth. desire the Concurrence of this House.

Viscount Longueville.

affirmed.

hereby, affirmed.

Bill,

Adjourn.

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

PRAYERS.

The House took into consideration the Amendments Fane's Bill. 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 lhall attain his

Age of One and Twenty Years.

Which were read Thrice, and agreed to.

ORDERED,

H, C. with

ORDERED, The Commons have Notice, that the " Town, in 22 Fathom Water; St. Sebastian's Point bearLords have agreed to their Amendments made to the “ing E. N. E. about 5 Miles off, and Rotta N. & by E. said Bill.

" On the 13th of August the Admiral called a Coun

“ cil of War, where it was adjudged impracticable to Subsidies Bill.

Hodie 19 vite leéta eft Billa, intituled, " An Act for attempt landing in the Iand of Cadiz; which Coun

granting to Her Majesty several Subsidies, for carry “ cil of War follows: “ing on the War against France and Spain.

“ Upon a Reconsideration of Sir Geo. Rook's InstrucORDERED, That the said Bill be read a Second Time “ tions; the several Advices and Intelligences we have on Monday next, at Twelve a Clock.

" had from Mr. Methwen and his Agents, the Prince of

.: Helle D'Armsteadt, and the concurrent Informations Messages from

We have received from several Filhermen, &c. taken A Message was brought from the House of Commons, a Bill to re

" on the Coast; from which it may be reasonable to conby Sir Mathew Dudley and others :

“clude the Enemy has about 4000 disciplined Troops in turn the Bill; for enlarging

To return the Bill, intituled, " An Act for enlarging “ the Town of Cadiz, besides Burghers, &c.; and 1000 the Time to " the Time for taking the Oath of Abjuration; and in “ Horse of old Troops, besides the Militia for the take the Oatlı ... demnifying such Persons as have not taken the same

“ Guard of the Coast. tion; Hoare's " by the Time limited, and shall take the same by a Bill; and Butler's Bill. “ Time to be appointed;" and to acquaint this House,

And, in regard the Fleet can give no other Allisthat they have agreed to their Lordships Amendments “tance to the Disembarkment, than covering the Forces made to the said Bill.

“ 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 A Message from the House of Commons, by Mr.

attempt the Illand of Cadiz immediately in these CirDolben and others :

"cumstances : But, in Consideration the taking the Fort Who brought up a Bill, intituled, “ An Act to en “ of St. Catarina and Port St. Maria may facilitate the “ able Her Majesty to settle the Lands and Revenues of “ Access of the Fleet into the Harbour, and annoying “ the late dissolved Hospital of The Savoy to such chari " the Town with our Bombs, getting of better Intel“ table and public Uses as are therein mentioned; and ligence of their Condition, and for supplying the “ for making the Chapel there a Parochial Church ;" “ Fleet with Water, which we begin to be in Want of, to which they desire the Concurrence of this House. “ and trying the Affections and Inclinations of the Peo

“ple of the Country to the House of Austria; it is re-
A Message was brought from the House of Commons,

“solved, to land our Forces in The Bay of Bulls, in order
to reduce the aforesaid Fort and Town; and, upon

the
by Sir John Levison Gower and others:

“ Success of this Attempt, it may be considered what
To return a Bill, intituled, “ An Act to enable the “ further is to be done in Prosecution of Her Majesty's
“ Executrix of James Hoare Esquire, deceased, to pay a “ Instructions, and that his Grace the Duke of Ormonde
“Sum of Money, in Discharge of a Trust in her reposed“ do send a Summons to the Town, to submit to their
“ by his Will;" and to acquaint this House, that they “ lawful King, of the House of Austria.
have agreed to the same, without
thout any Amendment.

“ On the 13th of August, the Duke of Ormonde did

“ send an Engineer, with the Lieutenant of The Ranelagh, A Message was brought from the House of Commons, « to view and found the Coast on the West Side of the by Mr. Gape and others :

“ Idand of Cadiz; who, on his Return, found the Duke To return the Bill, intituled, “ An Ad for setting “ of Ormonde on board the Admiral, and made his Re“ aside a Settlement, in order that William Butler may

port to him there. “ have a good Conveyance of Lands from Raphael Whis. " ler, according to Articles agreed on;" and to acquaint “ The Answers which Colonel Peter Carle, on Col. Peter this House, that they have agreed to the same, with “ Oath, made to the Questions asked him by out any Amendment.

" the Lords Committees, are as follow: D. Orinond The Duke of Bolton reported from the Lords Com

“ Q. What Report did you make, pursuant to the and Flag Oficers Jour. mittees, appointed to consider the Duke of Ormond's

“ Direction given you, when you were sent to found

" the River St. Pedro? nals, on the Journal, delivered into this House the Thirtieth of NoExpedition to vember last; as also the Journals of the Flag Officers “ A. Pursuant to the Orders I received, I went from Vigo, Report and Captains of the Fleet in the last Summer's Expedi- " near St. Pedro towards Cadiz, within Shot of the Bar

tion to Cadiz and Vigo; and an Account of Provision “ teries of the Town, which fired upon me. My Report brought Home, as follows; (videlicet,)

“ was, There was no Fort, no Battery, nor Intrench

ment, to hinder the Landing. Lieutenant Cowe, that Memorandum, “ The Lords Committees, appointed to consider of This Report

" was with me, founded the Coast. was entered by

" the Duke of Ormond's Journal, and also the Journals Order of the “ of the Flag Officers and Captains of the Fleet in the “ Q. Made you no Report of the Facility of the

" last Summer's Expedition to Cadiz and Vigo, and an for the Joure

Landing ? Account of Provision brought Home, have met; and “ have examined several Persons upon Oath; and perused “ A. My Opinion was, That a Descent might be " the Journals in relation to that Expedition; and have “ made there; and it was also my Opinion, that it was " commanded the following Report to be laid before " the only way the Town could be taken by. * the House.

“ Q. By whose Order went you to view the Place; · By Sir George Rook's Journal, of the 12th of " and to whoin did you make your Report? August, it appears as followeth ; (videlicet,)

“ A. It was by the Duke of Ormond's Order; he gave “ We steered away East, and E. by S. for Cadiz, with " me Orders in the Evening, and I went about Break “ little Wind at N. and N. N. W. till 3 a Clock After “ of Day: At my Return, I found the Duke of Ormona “ noon; we came to an Anchor a good Distance off the “ on Board the Admiral, and made my Report to him.

7

Carie.

about.

Committee

nal.

Q. How

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you find

2. Whereabout did you find those Depths ? " the Island any other Way ; for the Weather is fo A. It was between the Illand St. Pedro, the main

“ violently hot, that we cannot march, for Want of “ Land, and the Island of Lyons.

Horses and Carriages to ease the Officers and Sol

“ diers, who have no Way of carrying their Tents or “ Q. What Time of the Tide was it, when he

s Provisions but on their Backs : The Enemy have “ founded?

“ about 700 Horse, that keep within less than Half a

“ Mile of our advanced Guard; and when we try to A. It was about Half Tide, as near as I can re “ attack them, they immediately retire ; and, it being 16 member.

an open Country, having not Forse enough to en

counter them without our Foot, we never can get at “ Q. Whether was it in the Midst of the Channel “ them. “ that he found the Two Fathom and Half Water? “ A. It was almost in the Midst of the Channel. Two Pieces of heavy Cannon, with Ammunition

“ proportionable, is all that we can march with at a Q. How far distant from the Island of St. Pedro

" Time. I do not see that our Declaracions do us any were you in the River ?

“ Good; some of the poor People that received them « A. About Half a Mile Distance.

“ have been hanged for delivering them; and the Ge

“ neral of the Coast has sent out a Proclamation, to “ Q. How did you find the Strand between Hercules

forbid any Spaniard to have any Communication with Pillars and the Island of St. Sebastian ; did

“ us upon Pain of Death, so that all the Towns we “ it a smooth Shore, and fit for landing?

come at are left; which is of very ill Consequence;

for our Men, coming into the Town, find the Houses “ A. I found Five or Six Places fit for landing, and " furnished, and Wine in the Cellars, and not One at those Places the Water was very smooth. din living Creature in the Houses, which makes Dif

“ orders which cannot be helped.
« Who did
you make

your Report to?
• A. I made my Report to the Duke of Ormonde o of our Transactions since our landing. I wish we had

Your Lordship will see in the enclosed, an Account " and the Council of War the next Day.

“ had more Horse, and then we might have had better

“ Intelligence when we came into the Bay; but we do “ In Admiral Hobson's Letter, writ by Direction of “ not find that People are at all willing to come to “Sir Geo. Rooke to the Secretary of State, as also by“ us; and all the Priests leave the Convents, though “ the Examination of Sir Stafford Fairbone, is expressed, “ we did all we could to invite them. “ That, at the Fleet's Arrival before Cadiz, they saw “ several of the Enemy's Ships fail out of that Bay to “ We are trying now to get one of The Pontals,

go above The Pontals, the Wind being then fair; “ which is called The Matagorda, and to endeavour to “ which Rear Admiral Greydon, on his Examination on open the Passage for our Ships; though some of the os Oath, agrees toi

“ Seamen differ in their Opinions, whether tliey can

get in, if we take the Place.
· The Forces were landed in The Bay of Bulls, as
appears by the Duke of Ormond's Journal, August 15th

“ The City is in good Order as to its Fortifications; “and 2 Ith ; and the Letter of the 28th to the Earl of

" and though it was thought to be easy when I had the Nottingham, as follow :

“ Honour to talk with your Lordship, we find it quite

or contrary. D. Ormond's

“ Between 10 and 11 the English Forces began to Journal, “ land on the Right, and the Dutch on the Left, but with

“ I hope your Lordship will let Her Majesty know, great Difficulty; for the Wind, having blown hard all

" what here write to you. I wish it were in my Night, made such a Surf on the Shore, that few of

“ Power to do Her more Service; but with the few “ the Officers and Soldiers landed without wading to

“ Horse we have, it is hardly to be done. " the Neck, and many plunged to the Bottom.

I much wonder, my Lord, to see that Sir George « Fort St. Catalina, during the Descent, constantly « Rooke should have Orders sent to him, not to think « fired from her Tower and Battery, but without any “ Damage worth mentioning.

or and that I should hear nothing of it from your

“ Lordship. D. Ormond's My Lord,

“ I won't trouble you any longer now; only desire Nottingham. “ I here send your Lordship the Account of our

you to let Her Majesty know, that, at the Landing,

“ both Officers and Soldiers did their Duty, and be“ landing in The Bay of Bulls the 15th; it was with

“ hayed themselves as brave Men. I am,
“ some Difficulty, by reason of a great Surf on the
“ Shore. Some of the Boats were staved, and some

“ My Lord,
few Men lost, but not One Officer: As soon as about
Sixty of the Grenadiers were landed, there came

Yours, &c.
“ down a Party of Spanish Horse, about the fame
Number, coinınanded by a Lieutenant General, who

" ORMONDE.
“ 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 Ge-

“ Rear Admiral Greydon declares, upon Oath, That «i neral and other Oslicers. Your Lordship will fee, by

" the Instructions of the 7th of June were all read at “ the Result of the Council of War, why we landed

" the Council of War on the 13th of August; and those « where we did; though, I must own, I was for lan “ of the 17th of June were laid upon the Table, but he

ding on the Backside of the Island of Cadiz; and now is not positive whether they were read; and at all fome of the Sea Officers think I was not in the Wrong. “ the Councils of War he was at, they had Liberty “ I am sure, there is no Likelihood of our getting into “ to read any Order ; and Sir George Rooke denied not

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• to let him or any of the Council of War read any " Order desired.

“ take this Opportunity of the great Ships, of going “ Home yourself; which, with my humble Duty and “ Service, concludes me,

My Lord, doc.

“ Sir George Rooke faith, He believes all the Instruc« tions were read; he appeals tò 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.

« G. ROOKE.

« My Answer to the Admiral.

" Redondalla, O&'r 14th, 17026

« SIR,

“ Sir Stafford Fairbone, npon Oath, faith, He doth “ not reinember that the Instructions were then read, “ but the Heads of them were partly communicated by “ Sir George Rooke ; he remembers not that that par“ ticular Article of the Fleei's being as offensive to the “ Enerny 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'te. Victoria ; he remembers there were “ Papers laid upon the Table at the Council of War “ held the i žth of August, but what those Papers were " he doth not know.

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

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

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

i Sir Stafford Fairbone, op Oath, faith, He knows « not whether the Spanish Captain was examined be“ fore he was set on Shore; he sent him to the Ad“ miral, and he returned him again to release him, and “ suffer him to go back with his Boat to Cadiz.

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“ Sir Geo. Rooke faith, 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.

“ Since I find you cannot afford Provisions

" for the Prisoners in the Fort, rather “ than let them ftarve, I shall be con“ strained to give them their Liberty.

OEtober 15th, 1702.

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“ This Morning I received the Admiral's Answer

" to mine of the Fourteenth.

Royal Soveraigne, O&tober 14th, 1702,

“ past Nine at Night.

“ 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 allist in carrying Home the rest * of the Fleet, from whom I must draw large Detach“ ments, for the manning of the Men of War Prizes * that I intend to carry Home. I also offer it to your “ Confideration, whether yourself will not think it

proper, now all Probability of Service is over, to

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 fafe 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 Pro« visions for the Army, which is the most I can do, great Part of what was intended for that Purpose

“ baving

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