health, he the said Kirkby expressed these words following: viz. That he wondered that the Admiral should offer to engage the French again, it being not necessary, safe, nor convenient, having had six days trial of their strength;' and then magnified that of the French, and lessened that of the English. But the Admiral, being surprised at his speech, said it was but one man's opinion, and that he would have the rest of the Captains; and accordingly ordered the signal to be made for all the Captains to come on board; and at this time the Admiral, and the rest of the ships, were to windward, and within shot of the enemy, and had the fairest opportunity that in six days presented to chace, engage, and destroy the enemy. That the said Colonel Kirkby had endeavoured to poison the rest of the Captains, forming a writing under his own hand, which was cowardly and erroneous. The substance of which was, not to engage the enemy any more; he the said Colonel Kirkby brought it to the Admiral, who reproved him for it, saying it would be the ruin of them all. Upon which he the said Colonel Kirkby went away, but writ another in the following words: At a Consultation held on Board her Majesty's Ship, Bredah, the Twenty-fourth of August, 1702, off of Carthagena, on the main Continent of America. 'IT is the opinion of us whose names are under-written, 1. Of the great want of men in number, quality, and the weakness of those they have. 2. The general want of ammunition of most sorts. 3. Each ship, masts, yards, sails, and rigging, being all, in a great measure, disabled. 4. The winds are so small and variable, that the ships cannot be governed by any strength; each ship, 5. Having experienced the enemy in six days battle, following the squadron consisting of five men of war and a fire-ship, under the command of Monsieur Du Casse; their equipage consisting in guns from sixty to eighty, and having a great number of seamen and soldiers on board, for the service of Spain. For which reasons above-mentioned, we think it not fit to engage the enemy at this time, but to keep them company this night, and observe their motion; and, if a fair opportunity shall happen of wind and weather, once more to try our strength with them.' Richard Kirkby, Samuel Vincent, son. That, during the six days engagement, he never encouraged his men; but, by his own example of dodging behind the mizen-mast, and falling down upon the deck on the noise of shot, and denying them the provisions of the ship, the said men were under great discouragement. That he amended the master of the ship's journal of the transactions of the fight, according to his own inclination. All which being proved, as aforesaid: The said Colonel Richard Kirkby denied the whole, excepting the pretended written consultation; which being shewn to him, be owned his own hand and name too. He brought several of his men to give an account of his behaviour during the fight; but their testimonies were insignificant, and his behaviour to the court and witnesses most unbecoming a gentleman. And being particularly asked by the court, why he did not fire at the enemy's sternmost ship, which lay point-blank with him, the twenty-first of August? He replied, because they did not fire at him, for that they had a respect for him; which words upon several occasions, during the trial, he repeated three several times. Whereupon due consideration of the premises, of great advantages the English had in number, being seven to four, of guns one hundred and twenty-two more than the other; with his acts and behaviour as aforesaid, and more particularly his ill-timed paper or consultation, as afore recited, which obliged the Admiral, for the preservation of her Majesty's fleet, to give over the chace and fight, to the irreparable dishonour of the Queen, her crown and dignity, and come to Port-Royal, Jamaica: for which reasons the court was of opinion, that he fell under the eleventh, twelfth, fourteenth, and twentieth articles of war; and adjudged accordingly, that he should be shot to death. But further decreed, that the execution of Colonel Kirkby be deferred, till her Majesty's pleasure be known therein; but be continued a close prisoner, till that time. Captain John Constable, commander of the Windsor, was tried before the aforesaid court, on a complaint exhibited by the JudgeAdvocate on the behalf of the Queen, for breach of orders, neglect of duty, and other ill practices committed during a fight commenced the nineteenth of August, 1702, as aforesaid. (Refer to Colonel Kirkby's trial.) The witnesses, sworn on the behalf of the Queen, were; Who deposed, that the Captain John Constable never kept his first nor second line of battle, but acted in all things, as Colonel Kirkby had done. That the Admiral had fired two guns to command him into the second line of battle. That he did set more sail, in order to come into the line and his station; but, upon Colonel Kirkby's calling to him, to keep his line, he accordingly did. That the Admiral sent his Lieutenant Landgridge to command him the said Constable to keep his line of battle, within half a cable's length of the ship before him, which was twice verbally delivered. And that he signed the paper, Consultation, as is in Colonel Kirkby's trial aforesaid; tending to the hinderance and disservice of her Majesty, &c. and was drunk during the fight, &c. All which being fully proved, as aforesaid; the said Captain John Constable denied his breach of orders, or neglect of duty; but owned the signing the paper or consultation prepared by Colonel Kirkby, and did it at his request, and for that he had received damage in his masts and rigging; and owned no other article to be true, but that he had signed to: he called several witnesses to his behaviour during the fight, who all declared he kept the quarterdeck during the engagement, and encouraged his men to fight; and that sometimes he gave them drams of rum; and that verbal message, delivered by Lieutenant Landgridge, was delivered him in some heat and passion, and was understood to be, to keep the line within half a cable's length, and to follow Kirkby; which he did. That he so understood it himself, and several of his men: he prayed the mercy of the court, and so concluded, &c. Where upon due consideration of the premises, the court was of opinion, that the said John Constable, Captain, fell under the 12th, 14th, and 20th articles of war; and adjudged the said Captain John Constable to be immediately cashiered, and rendered incapable of serving her Majesty, and be imprisoned during her Majesty's pleasure, and sent home to England a prisoner in the first ship, the Admiral shall think fit; and be confined a prisoner, till then. Captain Cooper Wade, commander of the Greenwich, was tried * before the aforesaid court, on a complaint exhibited by the JudgeAdvocate, on the behalf of the Queen, of high crimes and misdemeanors, of cowardice, breach of orders, and neglect of duty, and other ill practices; committed during a fight, commenced the nineteenth of August, 1702, as aforesaid. (Refer to that part of Colonel Kirkby's tryal.) The witnesses sworn on behalf of the Queen; Masters Inferior officers 1 9 3 3 Witnesses 16 Who deposed, that, during the six days engagement, he never kept the line of battle, fired all his shot in vain, not reaching half • October 10th, and 12th. way to the enemy; that he was often told the same by his Lie tenants and other officers, but notwithstanding he commanded them to fire, saying, they must do so, or the Admiral would not believe they fought, if they did not continue the fire. That, during the whole fight the Admiral was engaged in, the said Captain Wade received but one shot from the enemy; that he was in drink the greatest part of the time of action; and that he signed the paper or consultation drawn up by Colonel Kirkby, as aforesaid; and, in the time of fight, arraigned the honourable courage and conduct of the Admiral. All which being fully proved, as aforesaid: That the said Captain Cooper Wade denied the arraignment of the honourable courage and conduct of the Admiral, during the whole six days engagement, declaring the bravery and good management of the Admiral in this time of action, and that no man living could do more or better, for the honour of the Queen and nation. He called some persons to justify his behaviour, who said little in his favour. He begged the mercy of the court, and so concluded. Whereupon the court was of opinion, that the said Cooper Wade fell under the 11th, 12th, 14th, and 20th articles of war; and accordingly adjudged the said Cooper Wade to be shot to death: but it is farther declared by the court, that the execution of the said Captain Cooper Wade be deferred, till her Majesty's pleasure be known therein; but be continued a close prisoner till that time. Captain Samuel Vincent, commander of the Falmouth, and Captain Christopher Fogg, commander of the Bredah, were tried * before the aforesaid court, on a complaint exhibited by the JudgeAdvocate, for high crimes and misdemeanors, and ill practices in the time of Admiral Benbow's fight with Monsieur Du Casse, as aforesaid, in signing a paper called a consultation and opinion held on board the Bredah, the 24th of August, 1702. (Which is verbatim recited in Colonel Kirkby's tryal, to which I refer.) It tending to the great hinderance and disservice of her Majesty's fleet then in fight and the said paper so written, being shewed to each of them, they severally owned their hands to the same. But the said Captain Vincent and Captain Fogg, for reason of signing the same, alledged, that, being deserted during each day's engagement by Colonel Richard Kirkby in the Defiance, Captain John Constable in the Windsor, Captain Cooper Wade in the Greenwich, and Captain Thomas Hudson in the Pendennis, and left as a prey to Monsieur Du Casse, they had great reason to believe they should be captives to the enemy. And the Honourable John Benbow, Esq. Admiral, &c. coming in court, declared, that during the six days fight the said Captain Fogg behaved himself with great courage, bravery, and conduct, like a true Englishman, and lover of his → October 19th. Queen and country: and that the said Captain Samuel Vincent valiantly and courageously behaved himself during the said action, and desired leave to come into the said Admiral's assistance, then engaged with the enemy, and deserted by all the rest of the abovesaid ships, which he did to the relief of the said Admiral, who otherwise had fallen into the hands of Monsieur Du Casse. Whereupon the court, being of opinion, that the signing of the aforesaid paper brought them under the censure of the twentieth article of war, accordingly adjudged Captain Samuel Vincent, and Captain Christopher Fogg, to be suspended: but the execution thereof is hereby respited, till his Royal Highness Prince George of Denmark, Lord High Admiral of England, &c. his further pleasure be known therein. Captain Thomas Hudson, commander of the Pendennis, died on board his said ship in the harbour of Port-Royal, at Jamaica, the At five o'clock the twelfth day of October, 1702, the president, &c. having finished all the business before the court, dissolved the same. DIVISION OUR DESTRUCTION: OR, A SHORT HISTORY OF THE FRENCH FACTION IN ENGLAND. Nought else but Treason from the first this Land did foil. Spencer's second Book of the Fairy Queen, Cant. 10. Stan. 48. London: printed and sold by John Nutt, near Stationers'-hall, 1702. Quarto, containing twenty-two Pages. INCE it is certain, that the greatness which France has acquired, SINCE and the dangers which the rest of Europe is obnoxious to, arise both from the same cause, which is that maxim the French have so firmly observed, viz. to create and foment divisions among neighbouring states and princes; therefore, at this juncture, a short dissection of that maxim is necessary to invigorate our resentments against France, and to unseal the eyes of some among us, whose credulity has rendered them agents in their own destruction. I shall say nothing of the divisions France has raised in the empire, in Spain, in Poland, in Holland, and, indeed, in all places where the French ministers have resided, but will confine myself to a short account of what they have done in England only, I shall begin |