fay, That the German Soldiers had rather be decimated than Añno 6 Annæ, fent into Spain. 1707. Duke of Marl The Duke of Marlborough anfwered, for the Caufe of having fhewn fome Warmth, by faying, The Thing was of too great Importance to be fpoken of without Concern- borough. ment: And as for the Queftion propofed by the Earl, he added, That altho' it was improper to disclose secret Projects in so great an Affembly, (to which that Day many Strangers had been admitted, by the Favour of the Queen's Prefence) because the Enemy would not fail being informed. of them; yet, to gratify their Lordships, he might affure them, that Measures had been already concerted with the Emperor for the forming an Army of 40,000 Men, (whom he fpecified) under the Command of the Duke of Savoy, and for fending powerful Succours to King Charles; adding, it was to be hoped, that Prince Eugene might be prevailed with to go and command in Spain, in which cafe the Germans would gladly follow him thither. The only Difficulty which his Grace faid might be objected against this Scheme, was the ufual Slowness of the Court of Vienna; to which Purpose he took Notice, that if the 7000 German Recruits, which the Emperor had promised for the Army in Piedmont, had arrived time enough, the Enterprize againft Toulon might have been attended with Succefs: But that it was to be hoped, and he durft engage his Word for it, that, for the future, his Imperial Majefty would punctually perform his Promises. Whereupon the Debate ended. taken from the The fame Day their Lordships refolved, That no Peace The Lords Vote could be fafe or honourable for her Majefty, or her Allies, against any Peace if Spain and the Spanish Weft-Indies were fuffered to continue unlefs Spain was in the Power of the Houfe of Bourbon. They also agreed Houfe of Bour upon an Address to her Majefty, that she would use preffing bon. Inftances to the Emperor to fend powerful Succours to Spain, and to use his utmoft Power and Intereft for ftrengthening the Army on the Rhine, which was now happily put under the Command of the Elector of Hanover. The Commons joined in this Addrefs, and the Queen answered, December the 23d," She was fully of their Opinion, that no Peace "could be honourable or fafe for them, or for their Allies, "till the entire Monarchy of Spain be restored to the House " of Auftria." All this while the Lords had under Confideration the Bufinefs of Spain, and the Grievances of the Merchants. In reference to the laft, their Lordships having maturely confidered the Complaints against Captain Kerr, prefented the following Addrefs to her Majefty: B b 1706. May Queen'sAnswer. Anno 6 Annæ, 1707. Lords Addrefs concerning Capt. Kerr. May it pleafe your most excellent Majefty, WE E your Majefly's moft dutiful and obedient Subjects the Lords fpiritual and temporal in Parliament affembled, do humbly inform your Majefly, that there has been laid before this Houfe by Mr. Thomas Wood, in be• half of himself and divers other Jamaica Merchants, a Complaint against Captain William Kerr, late Commander of a Squadron of your Majesty's Ships at that Island, for refufing to grant Convoys for their Ships to the Spanif Coat of America; and in particular, that the faid Mr. • Thomas Wood had offered to the faid Captain Kerr the Sum of 600l. as a Gratuity, if he would order one of your • Majefty's Men of War under his Command, to go as Convoy to the Neptune Sloop, and Martha Galley, loaded with Woollen and other Goods of your Majefty's Subjects. That the faid Captain Kerr at that Time feemed pleafed with the Propofal, and faid, the Windfor fhould be the Ship, and ordered Mr. Wood to make what Difpatch he could in getting the Galley and Sloop ready. On which Encouragement he got them ready to fail, and bought three hundred Negroes to put on Board them; and then acquainted Captain Kerr therewith, and with the great Charge he was at in maintaining the Negroes, and his Fear of their Sickness. Captain Kerr then faid, he feared he could not spare a Man of War, but the next Day fent • Mr. Tudor Trevor, Captain of the Windfor, to acquaint Mr. Wood, that Captain Kerr faid, he thought Mr. Wood could not have offered less than 2000, or at leaft 1500l. Whereupon Mr. Wood declared the Sum was fo great, that the Trade could not bear it, and fo the Sloop and Galley proceeded on their Voyage without Convoy; and in their Return, the Sloop, loaded with great Wealth, being purfued by French Privateers, and having no Convoy, and crouding too much Sail to get from the Enemy, was unhappily overfet and • loft. The faid Mr. Thomas Wood alfo made another Complaint, that upon a further Application to the faid Mr. Kerr, for a Convoy for three Sloops bound for the faid Spanish Coaft, he promised to give the Experiment Man of War, commanded by Captain Bowler, as a Convoy, for which the faid Mr. Wood agreed to give 800/; 400/. Part thereof, was paid to the faid Bowler, and the other 400/ was made payable by Note to one Mr. Herbert, for the Ule of Mr. Kerr, which Note was fent in a Letter to Mr. Kerr, and by him put into Mr. Herbert's Hands: And befides that, as a further Encouragement for allowing the faid Convoy, Mr. Kerr had an Adventure of 1500l. in the • faid 25 2 1707. faid Sloops, without advancing any Money. To this Com- Anno 6 Annæ, plaint Mr. Kerr put in his Anfwer, and both Parties were fully heard by themselves, and their Witneffes; and upon 'the whole Matter, the House came to this following Refotion, That the faid Complaint of the faid Mr. Wood against the faid Captain Kerr, as well in relation to the Neptune and Martha Galley, as alfo in relation to the other three Sloops that went under the Convoy of the Experiment Man of War, hath been fully made out and proved to the Satisfaction of this House. L ་ These Matters we think ourselves bound in Duty to lay before your Majefty, as being of the higheft Confequence to the Trade of your Majefty's Subjects, whereupon the Wealth and flourishing Eftate of the Kingdom doth fo manifeftly depend. We do alfo think ourselves obliged to inform your Majefty, that in the Examination of thefe Complaints, we find divers corrupt and unjustifiable Practices of the like 'kind (tho' not attended with altogether fuch aggravating Circumstances) have been too frequent in your Majefty's Fleet: And we are humbly of Opinion, that nothing can be of more pernicious Confequence than the fuffering fuch Abuses to proceed with Impunity: And therefore we befeech your Majefty to be pleased to give fuch effectual Or'ders and Directions, as fhall for the future prevent the like corrupt Doings, to the Oppreffion of the Merchants, who at this time lie under many heavy Difcouragements. And we do humbly hope, your Majefty will be pleafed to declare in such a Manner as may be most public and effectual, to all Commanders of Squadrons, and Captains of Men of War, that their Care and Diligence in attending, protecting, and fecuring the Trade of your Majefty's Subjects, when any Charge of that Nature fhould be committed to them, or when they fhall have any Opportunity of doing it, fhall be a fure, particular, and principal Recommendation of them to your Majefty's Favour, in any of their Pretentions to Promotion in your Majefty's Service.' 4 To this Addrefs, the Queen was pleased to make the following Anfwer, viz. "TH fwer. HAT her Majefty would take care, in the most Queen's Aneffectual Manner, to difcourage the Abufes and ill "Practices complained of in that Addrefs, and to prevent "the like for the future; and the Houfe might be affured, "that her Majefty would always countenance with her Favour, fuch Commanders and Officers, who fhould difcharge their Duty by protecting and fecuring the Trade of "the Nation." Anno 6 Annæ, 1707-8. Bill for render ing the Union more complete paffed. Proteft thereon. A Committee of Lords examine February the 7th, Hodie 3 vice leta eft Bill, entitled, An Act for rendering the Union of the two Kingdoms more entire and complete, by which one Privy Council was to serve for the United Kingdoms. The Queftion was put, Whether this Bill fhall pass? Diffentient' 1, Because the Claufe of this Bill, which relates to the Privy Council, determines the Privy Council of Scotland, fo foon as the first Day of May next, by which time the Provifion made in the fame Bill, instead of the Privy-Council, for the Security of the Peace, by appointing Juftices of the Peace, to be conftituted under the Great Seal of Great Britain, in the feveral Counties of Scotland, cannot be expected to take Effect; and therefore we conceive, that if that Clause had been framed fo as not to take place till the first of Oober next, as was propofed, the Privy-Council of Scotland had been abolished, as certainly as by the prefent Bill, and with more Security to the Peace and Tranquility of that Part of the United Kingdom. 2dly, Because the Claufe in the Bill which appoints the Commiffions and Powers to the Juftices of Peace, authorizes thofe Juftices to proceed againít Offenders during the first fifteen Days after the Crime committed; and that in the Liberties of heritable Offices and Officers for Life, which, at the Time of the Union of the two Kingdoms, the Justices of the Peace (and all ordinary Officers and Minifters of Juftice) were by Law excluded from doing; and therefore we apprehend, that the laft-mentioned Claufe in the Bill might be conftructed to be an Encroachment upon the zoth Articles of the Union, and by that means be the Occafion of raifing 'great Jealoufies and Difcontents throughout that Part of the United Kingdom. Corper, C. Jonat. Winton', Herbert, Crawfurd, Rivers, * The Houfe of Peers appointed a Committee of Lords, among whom the Earl of Sunderland was chief Manager, to examine Greg; alfo Alexander Valier, and John Baza: And after hearing of Witneffes, and Perufal of several Papers, the faid Committee made a Report to the Houfe, who there upon prefented an Addrefs to the Queen, containing their Refolutions, as follow: * John Campbell Duke of Argyle, created Earl of Greenwich Novem, « ber the 26th, 1705. Firß‚TH 1707-8, the House fented to the HAT the Crime of which William Greg ftood at- Anno 6 Anna, tainted, was of so heinous a Nature, and with fuch extraordinary Circumftances, that it might prove of very pernicious Confequence, if he fhould not be made a. Refolution of Example. Secondly, And that it plainly appear'd to them, thereon preas well by what Alexander Valiere and John Baza had in formed against each other, as by the many Examinations Queen. taken concerning them, that they were both in the French Intereft, and unfit to be trufted or employ'd by any Perfons in her Majesty's Service; and that the open and public Manner of the Correfpondence managed by them with the 'Governor and Commiffaries of Calais and Bologne, could tend only to carrying on an Intelligence to the Advantage of her Majesty's Enemies; and that it was highly probable thereby, the Stations of our Cruizers, the Strength of our 'Convoys, and the Times of Sailing of our Merchant-Ships ' had been betray'd to the French. cr The Queen faid in Answer: I Am forry that any who have been employ'd by thofe in Her Majesty' my Service, fhould have proved falfe to their Truft, Answer. "and injurious to the Public. I doubt not the Example laid "before me by your Lordships will be a fufficient Warning "to keep all Matters of Importance as fecret as may be, and to employ fuch only, as there fhall be good Grounds to "believe will be faithful." The House of Peers having received feveral Complaints concerning the Mifmanagement of the Affairs of the Navy, fpent much Time in making a narrow Inspection into them, and on the first of this Month prefented an Addrefs to the Queen concerning the State of the Navy and Trade of the Nation, which, by reafon of the many very useful Particulars contained therein, ought by no means to be omitted here Die Mercurii, 25 Februarii, 1707-8. WE, your Majefty's moft dutiful and obedient Subjects, Address of the the Lords fpiritual and temporal, in Parliament af Lords about the Mifmanagement fembled, do humbly acquaint your Majefty, that, early in of the Navy. this Seffion of Parliament, a Petition of feveral Merchants, on behalf of themselves and others, Traders of the City of London, was prefented to the Houfe, whereby they 'complained of great Loffes by the ill-timing of Convoys, and for want of Cruizers; fo that they durft no longer engage the Remainder of their Eftates to carry on their feveral Trades, unlefs immediate Care was taken to remedy these two main Caufes of their Misfortunes. This |