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country abounds in cattle, sheep, goats, and hogs: the bays are well stored with fish, manatees, and turtles: the country provisions very plenty every where: the Bay of Mattancas would, perhaps, be the fittest place to land in, and to preserve the fleet, some few frigates being sufficient to stop and block up the harbour's mouth, during the siege.

The taking and keeping the Havannah would soon ruin the Spaniards in the West Indies: as their ships, coming, pass near Granada; going home, they must pass also near the Havannah, and so through the Bahamas: so that some frigates at Granada, and some at Havannah, would annoy the Spaniards going and coming.

I would, by all means, keep and settle Cuba, though forced to abandon some other settlements. It may, perhaps, be done, without deserting any other place, with some people out of New-England, the least profitable of all the colonies.

Having Cuba, we may easily seize Porto Bello, Chiagre, and Panama, and so command both the North and South Seas in America.

The design I propose is great, and may, perhaps, appear impossible to some people; but I am sincerely persuaded of the feasibleness of it to the English nation, so very populous, and so very strong in the West Indies.

Quod nemo promittere dicum

Auderet volvenda dies certe afferet ultro.

There is nothing wanting for so great an undertaking, but a faithful, honest, hearty, and honourable disinterested mind in the commanding officers. The success of such an enterprise would inrich the English nation beyond measure, making her mistress of most of the mines of gold and silver, besides all the productions peculiar to that part of the world, as sugars, cocoa's, cotton, indigo, natto, tobacco, &c. . What increase would it not bring to its navigation and shipping? All sorts of merchant-ships may be built in the northern America, or with timber brought from thence, whilst the English oak, so very excellent for building, may be kept and reserved only for building of men of war.

I am confident, and I dare maintain it, that the conquest of all the Spanish and French colonies, in America, would never cost England, what the taking of Namur did, in blood and money. It would, without doubt, make the English nation the strongest and the richest of the world: and, that it may be so, is the hearty wish of a faithful and devoted subject.

AN ACCOUNT

OF THE

ARRAIGNMENTS AND TRYALS

OF

COLONEL RICHARD KIRKBY, CAPTAIN JOHN CONSTABLE, CAP. TAIN COOPER WADE, CAPTAIN SAMUEL VINCENT, AND CAPTAIN CHRISTOPHER FOGG,

On a Complaint exhibited by the Judge-Advocate on Behalf of her Majesty, at a Court-Martial, held on Board the Ship, Bredah, in Port-Royal Harbour, in Jamaica, in America, the eighth, ninth, tenth, and twelfth Days of October, 1702, for Cowardice, Neglect of Duty, Breach of Orders, and other Crimes, committed by them in a Fight at Sea, commenced the Nineteenth of August, 1702, off St. Martha, in the Latitude of ten Degrees North, near the main Land of America, between the Honourable John Benbow, Esq. and Admiral Du Casse, with four French Ships of War; for which Colonel Kirkby and Captain Wade were sentenced to be shot to Death. Transmitted from two eminent Merchants at Port-Royal in Jamaica, to a Person of Quality in -the City of London. From a Folio Edition, printed at London, 1703.

AT

Ta court-martial held on board her Majesty's ship, the Bredah, in Port-Royal harbour in Jamaica in America, the eighth, ninth, tenth, and twelfth days of October, 1702.

Present,

The Honourable William Whiston, Esq. Rear-Admiral of her Majesty's ships for the West-India squadron, president.

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George Walton,

William Russel,

Barrow Harris,
Hercules Mitchell,

Philip Boyce,

Charles Smith.

Arnold Browne, Esq. Judge-Advocate.

Who being all duly sworn, pursuant to the Act of Parliament; Proceeded to the tryal of John Arthur, gunner of the Defiance, on a complaint exhibited by Francis Knighton, third Lieutenant of for hiding and the Defiance, and George Foster, gunner concealing forty-three barrels of powder in the wad-room, and covering them with wads and coins, &c. when a survey of her Majesty's stores of ammunition after an engagement was ordered;

* October 8th.

of

and denying to the surveyors that there was any more powder on board, than was in the powder-room and gun-room, viz. one hundred; which upon a second survey were discovered. It was proved also, that he had two keys to the powder room; and that, having lost or mislaid his own, he, without making any application to the commanding officer then on board, who kept the other key, prevailed with William Baker, carpenter of the said ship, to break open the door.

In mitigation of his offence, he alledged, that, examining into the powder-room, he found three barrels that had received wet, which caused his removal of the forty-three barrels; but had little to say for his concealing them from the surveyors. Whereupon the court adjudged, that, the said offence falling under the thirty-third article of war, the said John Arthur should be carried from ship to ship in a boat, with a halter about his neck, the provost-marshal declaring his crimes; and all his pay, as gunner, to be mulcted and forfeited to the chest at Chatham, and be rendered uncapable of serving her Majesty in any other employment.

Colonel Richard Kirkby, commander of the Defiance, was tried* before the aforesaid court (except Captain Samuel Vincent, and Captain Christopher Fogg, who appeared as witnesses for the Queen) on a complaint exhibited by the Judge-Advocate, on the behalf of her Majesty, of cowardice, neglect of duty, breach of orders, and other crimes committed by him in a fight at sea, commenced the nineteenth of August, 1702, off of St. Martha, in the latitude of ten degrees north, near the main land of America, between the Honourable John Benbow, Esq. Vice-Admiral of the blue squadron of her Majesty's fleet, and Admiral and commander in chief, &c. on board her Majesty's ship Bredah, Christopher Fogg, commander, and six other of her Majesty's ships, viz. the Defiance, Richard Kirkby commander; the Falmouth, Samuel Vincent commander; the Windsor, John Constable commander; the Greenwich, Cooper Wade commander; the Ruby, George Walton commander; and the Pendennis, Thomas Hudson commander; and Monsieur Du Casse, with four French ships of war: which continued until the twenty-fourth of August, inclusive.

The witnesses that were sworn in behalf of the Queen, viz.
The Honourable John Benbow, Esq. Admiral

Captains

Lieutenants

Masters

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1

2

8

5

Inferior officers

In all 21

Who deposed, that the said Colonel Richard Kirkby, the van in the line of battle, the nineteenth of August, about three in the

* October 8th and 9th.

afternoon, the signal of battle being out, the Admiral was forced to send his boat on board of Kirkby, and command his making more sail, and get a-breast of the enemy's van, for he was resolved to fight them. About four the fight began; but the said Kirkby did not fire above three broadsides, then luffed up out of the line, and out of gun-shot, leaving the Admiral engaged with two French ships till dark, and the said Kirkby receiving no damage; that his behaviour caused great fear of his desertion. At night, the said Kirkby fell astern, leaving the Admiral to pursue the enemy.

That on the twentieth, at day-light, the Admiral and Ruby were within shot of all the enemy's ships, but Colonel Kirkby was near three or four miles a-stern. The Admiral then made a new line of battle, and took the van himself, and sent to each ship, with a command to the said Kirkby to keep his line and station; which he promised to do, but did not, keeping two or three miles astern, though the signal for battle was out all night; the French making a running fight, the Admiral and Ruby plied the enemy with their chace guns till night. That the twenty-first day, at light, the Admiral was on the quarter of the second ship of the enemy's rear, and the Ruby on the board side, very near, who plied him warmly, and met the same return, by which he was so much disabled, though the Admiral came in to his assistance, that he was forced to be towed off; and this prevented the Admiral's design of cutting off the enemy's sternmost ship. This action lasted two hours, during which time the said Kirkby lay a broadside of the sternmost ship; as did also the Windsor, John Constable commander. The Admiral then commanded the said Kirkby to ply his broad-sides on him; but, this having no effect, the second time he commanded the same, but he fired not one gun; nay, his own boatswain and seamen repeated the Admiral's command to him, but were severely used, and threatened that he would run his sword through the boatswain: and, had the said Kirkby done his duty, and Captain Constable his, they must have taken or destroyed the said French ships. The Admiral, though he received much damage in his sails, rigging, yards, &c. yet continued the race all night. That the twenty-second in the morning, at day-light, the Greenwich was three leagues a-stern, and the Defiance, Colonel Kirkby, with the rest of the ships, three or four miles, the Falmouth excepted, whose station was in the rear: that the said Captain Samuel Vincent, seeing the behaviour of the said Kirkby and the rest, came up with the Admiral, and sent his Lieutenant on board, desiring leave to assist him, which was accepted: the said Kirkby never coming up, and, by his example, the rest did the same, as if they had a design to sacrifice the Admiral and Falmouth to the enemy, or desert. The enemy were now about a mile and a half a-head, standing in to the shore, with a small breese at west, fetched within Sambey, the Admiral firing at the sternmost till night, and continuing the pursuit; and a Flemish ship that was in Monsieur Du Casse's company, on board of which were all the French and Spanish new governors and other officers, made her escape. That

the twenty-third in the morning, at day-light, the enemy bore north-west, distant about four or five miles, the Admiral and Falmouth pursuing; but the said Colonel Kirkby, with the rest of the ships, being three or four miles a-stern (though there was not a ship, but, before and after the battle, sailed better than the Admiral :) about seven in the evening, it having been some time calm, a gale of wind sprung up; the Admiral and Falmouth were about two miles from the enemy, and at eight the said Kirkby and his separate squadron were fair up with the Admiral; and this day the Admiral sent away the disabled Ruby, George Walton, commander, to Port-Royal, and under his convoy the Anna galley, retaken from the French

That the twenty-fourth in the morning, about two of the clock, the Admiral came up with the sternmost of the enemy within call, and the Falmouth pretty near; but the said Colonel Kirkby, with the rest of the ships, according to custom, were three or four miles a-stern: the Admiral and Falmouth engaged the said ship, and at three the Admiral was wounded, his right leg being broke, but commanded the fight to be vigorously maintained; and at daylight the enemy's ship appeared like a wreck, her mizen-mast shot by the board, her main-yard in three or four pieces, her fore-top sail-yard the same, her stays and rigging all shot to pieces. Soon after day, the said Kirkby, with the rest of the ships, being to windward of the said disabled ship, he the said Kirkby, with the rest of his separate squadron, fired about twelve guns at the said ship; and, fearing a smart return from her, he lowered his mizenyard, his top-sails on the caps, set his sprit-sail, sprit-sail top-sail, and fore-top-sail stay-sail, and, having waired his ship, set his sail, and run away before the wind from the poor disabled ship, the rest following his said example; though they had but eight men killed on board them all (except the Admiral.) The other three French men of war were, at this time of action, about four miles distant from their maimed ship; whereupon the enemy, seeing the cowardice of the said Colonel Kirkby, and the rest of the English ships, in a squall bore down upon the Admiral, who lay close by the disabled ship, and, having got in their sprit-sail-yard, gave him all their fire, and, running between him and the disabled ship, remanned her, and took her in. The Admiral's rigging, being very much shattered, was obliged to lie and refit till ten o'clock, and then continued the pursuit, and the rest of the fleet following in the greatest disorder imaginable; the Admiral commanded Captain Fogg to stand a-breast of the enemy's van, and then to attack him, and having then a fine steady gale, the like not happening during the whole engagement; and further ordered that he should send to all the Captains to keep the line of battle, and behave themselves like Englishmen; and this message was sent by Captain Wade, then on board the Bredah. That the said Colonel Kirkby, on the receipt of this message, and seeing the Admiral's resolution to engage, came on board him, who then lay wounded in a cradle; and, without common respect of enquiring after his

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