HAVING made Obſervations of great abuſes and Enormities, committed in his Majeſties Navall-yards; I did in March 1692/3. make propoſalls to the Lords Commiſſioners of the Admiralty, for ſaving 100000. Pounds Per Annum in building and repairing the Royall Navy; with a propoſed Method to raiſe Money to carry on that Service; which might have been Effected by procureing 3286. Pound Per Menſem Which ſaid Propoſall appearing to be both Practicable and profitable to his Majeſty, and the Kingdom, was then approved of by the Right Honourable the Earl of Orford, and Several Eminent members of this honourable Houſe, and was Certified ſo to be, under the Hands of the Lord Berkley, Sir, Ralph Delavall, the Earl of Danby; the Lord Mayor of London, and Several other preceding and Succeding Mayors and Aldermen of the ſaid City, and Several other Eminent Perſons, together with the Maſter, Wardens and Aſſiſtants, of the Company of Shipwrights of London, Copies thereof were laid before their Lordſhips and aft • r often attendance being admitted a hearing at their Board the 8 day of Fabruary 1694 (the Commiſſioners of the Navy then preſent) the ſaid Propoſal was rejected; which being preſented to his Majeſty, in Councell, the 1ſt. of March, his Majeſty did then refer the ſame to the aforeſaid Lords of the Admiralty, which being laid before them the 26 of the ſaid Month, their Lordſhips (after often attendance) did on the 24th. of April, acquaint me that they had referred the ſame to the Commiſſioners of the Navy. The Propoſer attending their Honours, on the Twenty-ſeventh of April did lay before them a Copy of the ſaid Certificates with Several Heads in order to demonſtrate his ſaid propoſal, but finding by their dilatory proceedings, that they were not Enclinable to Eſpouſe the ſame; did on the 14 of May, offer to their Honours by many Witneſſes, to prove that by the Idle and Extravagant Practices; Committed in the ſaid Yards 100000. Poun Per Annum, was waſted and Deſtroyed: but the ſaid Commiſſioners inſtead of takeing Notice thereof; did defer me from time to time▪ But with much difficulty they apointed to hear me the 23 of June, when apearing with 12 Witneſſes: viz. Maſter Shipwrights, who were ready to Teſtify what was alledged, there was but two of them with my ſelf admitted, and heard, and that in a clamarousmanner Their Honours threatning and Browbeating them, the whole time which was near, three Hours, and then by degrees departed out of the Room, Leaving us there without order of withdrawing or further attending. And on the 27th. of June their Honours did make a Large report to the Lords of the Admiralty full of Reflections, prevarications, and Manifeſt Falſehoods; wherein they ſet forth that they have not Heard of any of the ſaid Miſcarriages. After which I attending the Lords of the Admiralty, did lay before them ſeveral Schemes in order to Confirm and demonſtrate the ſaid propoſals. and did Produce many Witneſſes to provetheforeſaid Enormities and abuſes, but was often deferred and diſappointed, and in July 94. I was twice adviſed by Mr. Southern the then Secretary, of the Admiralty, that their Lordſhips would make a Report to the Council Board, the 12th. of the ſaid Month, which I ſignified to her late Majeſty and many Lords of the Council who did encourage the ſame, yet no Report was made thereof untill the 29th. of January Following, whereby I incurred their Lordſhips diſpleaſure as the Author, of that diſapointment; and that between the apointed and real time of delivering the ſaid Report, I often Prayed the Lords of the Admiralty to grant me a Copy of the Navy-boards Report, which I could not obtain, but at Length was admitted to hear part of the ſame read? which I obſerved to be as before Repreſented; I gave their Lordſhips an anſwer ther eunto in Writing, and did alſo move their Lordſhips, to hear Evidence to prove my allegations, in order to refute the ſaid Report, and diſcover the ſaid Enormitys committed in the ſaid Yards, and after ſeveral delays and Diſapointments, my requeſt, upon the motion of Collonell Auſtin deceaſed, was allowed, and a time apointed to hear them; viz. the 30th. of October, 1694. Purſuant whereunto I did attend with Several Articles, containing great abuſes, and Enormities Committed in the ſaid Yards, with 12 Perſons, moſt of them Maſter-ſhipwrights, to prove the ſame, and being called in about 11 of the Clock, Capt. Prieſtman being only preſent with the Secretary, did tell me that there was no Board, and he Believed that the reſt of the Members had forgot my Buſineſs, and did then Direct me to attend with the Witneſſes at 4 in the Afternoon; in anſwer to which I preſented his Lordſhip with Several depoſitions ready drawn, Praying his Lordſhip to conſider the Charge and Trouble I had been at in Getting ſo many men together, moſt humbly Praying that they might then be examined, and their Affidavits taken; which his Lordſhip refuſed. But attending according to order the ſaid Witneſſes being Examined, did teſtify my Allegations, and did offer to confirm the ſame upon Oath, but were not admitted; their Lordſhips then ordering Mr. Burchett one of their Clarks to Examine them over again in another Room, which he did in a Threatening manner; not Suffering them to Subſcribe their Names thereunto: and then apearing again before their Lordſhips, they directed me to get them Sworn before a Juſtice, of the Peace, and bring the Depoſitions to them. Purſuant thereunto on the 27th. of November, I did return them the Depoſitions of 17 men (true Copies thereof being ready to be Produced) wherein was proved under 150. Heads, many great abuſes and Enormitys Committed in his Majeſtys Yards; and by reaſon the Act for Stampt Paper was not then well underſtood, I was at the Charge and trouble to have them Thrice Sworne, which coſt me above 10 Pound and that on the 29th. of January aforeſaid, which was two Months after, a Report was made thereof to his Majeſty, wherein their Lordſhips ſet forth, that they had heard the Propoſer and Several Perſons produced by him, and had the advice and report of the Navy-Board; but did not think fit to alter the Oeconomie of the Navy; but did agree with the propoſer for The paying the Workmen with ready Mony, being the Baſis of my Propoſal, might Hapily been Effected, with Procuring as Propoſed 3285. Pounds Per Menſem which their Lordſhips did report, would Certainly give diſpatch to the Service and Save the King's Treaſure which is a full Demonſtration of the Certaintie thereof, and of their Lordſhpis Omiſſion in not putting the ſame in Execution.Paying the Workmen of the Yards with ready Money, wiſhing that the State of affairs would admit thereof; which would Certainly give Diſpatch to his Majeſty's Service, and Save his Treaſure, tho' not near ſo great a Summ, as the Propoſer Imagined. All which his Majeſty on the 31. of January, was Pleaſed further to refer to the Lords of his moſt Honourable Privy Councell, appointed a Committee of Trade and Plantations; before whom, on the 1 of April, the report of the Navy-Board, was proved to be Falſe and Prejudicial to his Majeſtys Service; and that Several other Illegall Practcies were ſo fully proved before their Lordſhips, againſt Several Officers belonging to the ſaid Yards then preſent, that the Preſident of the Councill did declare, that Plain matter of Fact was fully proved againſt them; And that moſt Honourable Board did alſo declare that it was high time to make a Reformation in his Majeſtys Yards, and that they would appoint a time to Conſider of the means. But the propoſer Conſidering that Nothing could conduce ſo much to an Effectual cure as the laying the Wound more open, did on the 6th. of April lay before their Lordſhips Several aditionall Articles relating thereunto, which their Lordſhips did gratefully receive; giveing the propoſer Encouragement beyond Expectation; but on the diſcovery of the Plot (as I remember) their Lordſhips time then not permitting to Examine the ſame, that matter was referred to the Lords of the Admiralty, where the ſaid abuſes were ſo fully and plainly proved, that one of their Lordſhips did Solemnly proteſt that things were come to ſuch a paſs, that he did Believe it was Impoſſible for an Honeſt man to be amongſt them. And after I had proved what I had offered, (the whole matter being Several days under Examination, which is Briefly drawn up in five Sheets of Paper ready to be produced) Their Lordſhips did in September 95 make another report to the Lords of his Majeſties moſt Honourable Privy Councill, apointed a Committee as aforeſaid, wherein they Set forth that they had heard the Propoſer, and other evidence, and that they had diſmiſſed Several offenders, and ſigned ordres to prevent the like abuſes for the Future. But I never heard of more then one Perſon viz. the Maſter Boatmaker of Portſmouth, that was diſmiſt amongſt them all. After this the Lords of the Councill appointed a Committee as aforeſaid the 3d. of Febuary 9⅚ did ſend for me and at my appearance did tell me that it did appear to them, that I had done the Nation a Sigual Piece of Service; and that I ſhould be well rewarded for the ſame; directing the Clark of the Councill then attending, to draw up their Report to the King, highly in my Favour; and that moſt Honourable Board did then alſo move his Grace the Duke of Shrewsbury, to recommend me to his Majeſty for a reward; whereby his Majeſty by an order of the 2d. of February, 95. was Graciouſly pleaſed to direct the Lords of the Admiralty to put me in ſome Employment in the Navy, or give me a Suitable reward and Bounty for my good Service, Care and Pains: which after Three Years attendance to my Damage, in Expence of time and Money 500. Pounds, I was diſdainfully put off with 100. Pound without correcting thoſe abuſes, and Extravagant Practices. And altho' the Propoſer and his propoſalls were ſo Slighted and rejected by the Admiralty and Navy-board, yet I do affirm (that which no Unbyaſſed Perſon can deny) that the ſaid Summ of 100000. Pounds Per Annum, might be now ſaved in building and repairing the Royal Navy, and that without any Damage to the Oeconomie, as they call it, if a Reformation ſhould be made agreeable to what hath been Propoſed, and ſutable Perſons Imployed in the Management thereof. To which I add that 300000. Pounds Per Annum, might be Saved in the Navall affaires, if that Service were well Managed.

2 That in the Year 95. I Printed and delivered Propoſals to the Parliament, for ſupplying the Royal Navy with able Seamen and Marriners upon all occaſions, and Preventing many abuſes committed by diſorderly Preſſmaſters, both by Sea and Land, together with the ſaving Severall Immence Summs of Money, Yearly Expended in Impreſs, Conduct and Bounty Money, with the Charge occſioned by employing Preſſmacks, and keeping Seamen in pay the Winter Seaſon, and ſecureing the Publick Trade of the Kingdom in time of War, as alſo preventing Several Hardſhips impoſed on Seamen, and Marriners, to the ruin of many Thouſands of them and their Families, as is Set forth at Large in the ſaid Propoſall.

3 After this being informed of great Embezelments made of his Majeſties Navall-ſtores, and being Encouraged by his Majeſtys Royal Proclamation of Auguſt 93. I obtained Warrants of the Commiſſioners of the Navy in the Year 95, to Seize ſuch ſtores; and altho' their Honours told me that they had Granted Several▪ Warrants but had not any returns made thereof; yet I made ſuch diſcoveries, that one of the Commiſſioners at the Board told me he Believed all the Merchants-Ships, were fitted with the King's Stores, and at Harwich I Seized ſeveral Parcells of the King's Navall-Stores; Perticularly one great parcell of New cordage to the Value of 65 Pounds, which upon a Tryal ill Managed a verdict, about two Years after, was given againſt the King, and that my ſelf and others (for ſeizing the ſame) were abuſed as thieves and robbers, and our veſſell hired by the Commiſſioners of the Navy, was Seized by an Officer of the Cuſtom-houſe, to the Great Prejudice of the owner, as alſo of my ſelf and others: yet it is moſt notoriouſly evident, that the ſaid Goods were really Embezeled Stores, as the Lords of the Admiralty did confeſs, and I can plainly make appear, with the whole proceedings of that Voyage, and the refractory proceedings of Several of his Majeſties officers belonging to that Place, with their rejecting and contemning his Majeſtys Royal Proclamation, as alſo the Warrants granted by the Right honourable the Earl of Romney, and the Commiſſioners of the Navy. A Complaint at large hath been laid before the ſaid Commiſſioners and the Lords of the Admiralty, and Several Affidavits made thereupon without the leaſt Redreſs: and the ſaid Commiſſioners of the Navy, to ſtop my further Progreſs in that matter, have not only denied their Warrants to Search, but did alſo refuſe to pay the Thirds Purſuant to his Majeſties ſaid Proclamation; untill the Offenders were convicted: and to put a full ſtop to ſuch diſcoverys, they have often declared, that the ſaid Proclamation was againſt the Law, and have Threatened me at their Board for aſſerting his Majeſties Perogative in granting the ſame. And by their Employing their Sollicitor Mr. Whitaker, to Proſecute the Offenders, as by many Letters I have in my cuſtody it is manifeſt they did, many offences were Stifled, and Several others, viz. 12 Bills preferred and found at Hickſes-hall in July 95. with others Indicted at other times and in other Countys, were never proſecuted, whereby that Service was obſtructed; foraſmuch as there could be no conviction, without a proſecution, nor no rewards before Conviction; with many other Obſtructions too many here to Enumerate. And Complaints thereof being made to the Admiralty and Navy Boards, they referred the matter to him the ſaid Whitaker▪ to give advice what to do therein.

3 And being credibly informed of a Nuſance occaſioned by Water in his Majeſtys Double-dock at Portſmouth, about September 96. I made a Propoſal▪ the Commiſſioners of the Navy, to clear the ſame, and was referred to the Surveyor of the Navy (as the Proper Perſon Concerned in ſuch Affairs) who told me they had Engines already to do that; but if I would clear the Double-Dock at Chatham, I ſhould do the King a Signal peice of Service and be well Rewarded; whereupon on the 7th. of October, I laid a Propoſal before their Board to clear that Nuſance; upon which their Honours directed me to go to Chatham, and diſcourſe the Officers of the Yard about it; which accordingly I did, and made Obſervations of the condition of the Dock, whereby I Obſerved, that by reaſon of a Large continual Spring the one half of the Dock was rendered uſeleſs, but I haveing before accuſed ſome of their Officers of ſome Illegal practices that were fully proved againſt them at the Admiralty-Board, they told me that Sir. Samuel Moreland, and others had attempted to do the ſame, putting the Nation to a great Charge, to no Effect, and ſeemed to be regardleſs whether the ſaid Nuſance were removed or not; But having conſidered the whole matter, I made a tender to the Navy-Board the 2d. of November to remove the ſaid Nuſance for a certain Summ of Money to be paid when the work was compleatly finiſhed, and not before, giving, Several reaſons of the Conveniency that would attend the removeing the ſame; but my offers for ſome pretended reaſons were rejected, and the Nuſance continnued, and my ſelf put off with 40. s. for my Charge and trouble in going thither.

4 About two Years ſince I made propoſals to the King to ſave one Quarter part of what was expended in Tranſporting his Majeſties Subjects, priſoners at War; His Majeſty in councill the 11th. of March 96/7 was Graciouſly Pleaſed to refer the ſame to the Commiſſioners Imployed on that Service who (to obſtruct the King's Service) did on the 5th. of April make a falſe Report to his Majeſty which being referred to a Committee of Councill, they the ſaid Commiſſioners did Falſely iuſtify the ſame; whereby the ſaid Propoſal was rejected, notwithſtanding the Propoſer offered to give what Security they were pleaſed to demand.

5 That on the 2d. of May, 97. I made a propoſal to the Lords of the Admiralty for ſaving one full half part of what was Expended on that Service, offering ſuficient Security, for the due performance thereof, and being by their Lordſhips directed to attend the ſaid Commiſſioners, which I often did, they, after five-weeks attendance, made another report full of Prevarications, and Falſhoods, whereupon I prayed a hearing at their Lordſhips-Board, but could not obtain it, whereby the 2d. Propoſal was rejected to the great prejudice of his Majeſtys Service.

In February 97. I preſented his Majeſty in Council with a Propoſal for the re-building White-Hall, out of the Imbezelments of prizes and prize goods and did alſo propoſe to Clear the Ruines thereof for 1000. Pound (but could never get the ſame Read.)

At the Firſt Sitting of the laſt Seſſions of Parliament, I made propoſalls to the right Honourable the Lords of his Majeſtys Treaſury for raiſing 4500000. Pounds Per Annum, for the Publick Service, which might beraiſed without any Senſible Burthen to the Subjects, which is remaining under their Lordſhips conſideration.

And in April laſt, my ſelf, with a Friend, made diſcoverys to the Commiſſioners of the Cuſtomes of 39. Hogſheads of French Wines, which were Imported in one of the King's Ships, which after ſhe was unrigged at Plymouth, was ſuddenly refitted, and made a Voyage to Breſt in France, where the ſaid Wines were Laded, and upon her Arrival again at Plymouth (to defraud the King of the French-dutys) the Capt. got one of his men to Swear they were Spaniſh Wines Loaded at St. Sebaſtians, and the ſame was ſo entered, and part thereof delivered there, the reſt brought into the port of London, (this expedition coſt the King near 1000. Pound) and in regard the Witneſſes who were to prove the ſame were under the check of the Capt. I deſired the Commiſſioners to ſend a Summons, to a perſon that we would Name, to teſtify the ſame, but they refuſed ſo to do; but to carry on the diſcovery, my Friend obliged himſelf to make good the mans Wages, if the Capt. did prick him Run. Whereupon the Perſon made an Affidavit, and 30 Hogſheads were Seized, and put into the Kings Ware-houſe, and afterwards the Commiſſioners compounded with the Capt. for 279 Pounds, which they received; and after three Months attendance they Flowting us for attending for a noone Wayters Place, (Inſtead of a Moyety which the Law allows us) they gave us but 32. Pound 12. s. We alſo gave them an account of another Capt. that had embezeled ſome prize goods, to the Value of 5000. Pound, and delivered Marchants goods at unſeaſonable Hours, at Deal, Chatham, and the Hope; whereby his Majeſty was defrauded of the Dutys, to prove which we were at the charge to produce Witneſſes and Affidavits, but they took no notice thereof; neither would they return the affidavits altho' we often deſierd it.

8 And whereas by one Act of Parliament made Anno quarto et quinto of his Preſent Majeſty and the late Queen; Entituled an Act for continuing the Acts for prohibiting all Trade and Comerce with France, and for Encouragement of privateers; It was enacted that all prize Ships and goods, ſhould be preſerved entire and free from Embezlements and not be Pillaged in any caſe whatſoever; with Directions for Selling the ſame, and applying the proceed there of for the Uſe of his Majeſty, and the encouragement of Seamen. And hearing by dayly Complaints how the ſaid Act was Violated by Several Commanders of his Majeſtys Ships, who not regarding the ſaid Law, did frequently Sell ſuch Ships and goods by Wholeſale, as alſo great part. of the Cargo and Furniture of others, to the great Prejudice of his Majeſty and Seamen, who thereby were deprived of their Shares and proportions allowed by the ſaid Act. And in order ſuch Commanders ſhould make Reſtitution, (about 12 Months ſince) I certified the ſame to the Commiſſioners for Prizes, who Promiſed to give me a reward if I could make it appear; which accordingly I did, and two Ships, upon the Evidence that I producd, were condemned in the Admiralty Court the 10th. of March laſt, but the ſaid Commiſſioners ſending for the Capt. that ſold them, he produced an account upon Oath in the Nature of Debtor, and Creditor, and in the Ballance remains Debtor to the King about 30. Pounds. At my next attendance the Commiſſioners ſhewed me the account, and told me I was a pretty man to trouble them with ſuch Storys; ading that the Capt. had given them an account upon Oath, telling me that I might take the ſame into another Room and peruſe it, and return it again to them, which acordingly I did, acquainting them that the ſaid Ships were worth Ten times more then the Capt. repreſented them; as I was ready to prove, which (on behalf of the Seamen) I have ſince proved in the high Court of Admiralty, but they gave me a Slight anſwer, telling me there was 30 Pounds coming to the King; adviſing me to go to him for a Gratuity; Several other great Embezlements of Prize goods and Furniture of prize Ships I laid before them; deſiring their Honours to order the King's Proctor to ſue for his Majeſty, which they refuſed, but at Length they did ſend their Sollicitor with me to give him directions to proſecute the offenders; wherupon one of them was arreſted at the King's Suit, and Bail given but when I attended the Proctor to give my aſſiſtance in the Premiſes. He told me that unleſs I would defray the charge, he would not proceed any further, whereby thoſe Embezlements to the value of 10000▪ Pound were wholely loſt, without any Recompence for my charge, and trouble. Theſe and Several other great Embezlements, abuſes and enormitys relating thereunto, I laid before the right Honourable the Lords of his Majeſtys Treaſury the 20th. of January laſt, their Lordſhips then directing me to prove the Allegations thereof, which by ſubſtantiall Evidence I could do if I were at liberty.

9 In December laſt I laid before the Lords of the Admiralty a Moddell of an Invention for the Effectual weighing of great Anchors, in any Weather, far beyond any contrivance for that Service, (which by Demonſtrable proof I can readyly make appear) which haveing paſt their Lordſhips approbation, with the Commiſſioners of the Navy then preſent, is now remaining, by their Lordſhips order, at their Office under conſideration.

10 And whereas by one other Act paſſed the laſt Seſſions of Parliament entituled an Act for the better Preventing the Imbezlements of his Majeſtys Stores of War &c. It is enacted that it ſhall not be Lawfull after the 24th. of June 1698. for any Perſons, not being Contractors with his Majeſties Commiſſioners, to make any Stores of War, or Navall Perſons with the Kings mark, on the Penalty of 200. Pound, and that all perſons in whoſe Cuſtody any ſuch Stores ſhall be found ſo marked, not being employed in his Majeſties Service, being indicted and Convicted, for concealing or having ſuch goods in their Cuſtody, poſſeſſion, or keeping, ſhall forfeit ſuch goods, and the ſumm of 200. Pound; unleſs upon Tryal Certificates ſhall be produced, under the Hands of three Commſſioners to ſhew the cauſe and reaſon of ſuch Goods coming to their Poſſeſſion; and that if any action be brought againſt any Perſon Seizing or diſcovering the ſame, he ſhall not be damnified thereby, unleſs the Perſon in whoſe Cuſtody ſuch Goods were found, did produce and Shew ſuch Certificate as aforeſaid before ſuch Suit or Proſecution was commenced.

11 And having ſince the 20th. of Auguſt laſt (being encouraged by the ſaid Act) made Several diſcoverys of Navall Stores, marked with the King's Mark▪ I did, with one John Sartain, Indict Several offenders at Hickſes-Hall the begining of September, and before we received Notice for tryal, the ſaid John Sartain did apply himſelf to the Lord's of the Admiralty, who promiſed him great encouragement, telling him that they would direct the Commiſſioners of the Navy to take his diſcoverys▪ and proſecute the Offenders, but his reward ſhould come from them. And upon his attending the ſaid Commiſſioners they directed him to give them an account of all diſcoverys, which accordingly he did; and their Honours gave him their Warrants, directed to his Majeſtys Peace Officers, to bring the Offenders before them or ſome other Juſtices of the Peace, to anſwer the Premiſes. Purſuant thereunto Several offenders were carried before them, and Diſcharged by them, without takeing any Cognizance of the Fact; which being notified to other Juſtices they refuſed to meddle therein. And when the Perſons Indicted were to be tryed, Mr. Whitaker Sollicitor to the Admiralty and Navy-Board (being directed by them to proſecute the Several Offenders) did adviſe us that the Indictments we had laid were not good in Law; and that he had prepared others which were prefered and found by the Grand-Jury, and the former quaſht; and when thoſe cauſes came to be tryed, the Court was of Opinion, that they had not Power by the ſaid Act to try the ſame? whereby the Offenders were acquitted. After which I deſired they might be indicted in the Crown office, but Mr. Whitaker alledged that was not a proper place, adding that the ſaid Act was defective, and that he would take care it ſhould be amended the next Seſſions of Parliament, and that in the mean time he would Indict them at Hickſes-hall for Treſpaſſes and Miſdemeanors and after they were convicted he would ſue for the Penalty in one of his Majeſties Courts at Weſtminſter. But being urgent to carry on the Proſecutions I attended him before the laſt Seſſions of the Peace, and then he told me he would Proſecute all thoſe, within the Iuridiction of the Old-Bayly, in that Court, at their next Seſſions, and the others at the Aſſizes; he being adviſed by the Kings Councill that the Quarter-Seſſions was not a Proper place, directing me to give him a Liſt of all diſcoverys above 20 s. Value, adding that the Smaller matters ſhould be refered to the Commiſſioners of the Navy, for that the Proſecuting, ſuch would be lookt upon in Court as Vexatious and oppreſſive to the Subject. Purſuant thereunto I did forthwith carry a Liſt of all ſuch diſcoverys, but he not being to be found; I did the next day ſend the ſame by John Sartain who delivered it to Mr. Whitaker, and then Mr. Whitaker told him that the Old-Bayly was not a proper place to ſue in, but he would proſecute them Above this Term, directing the ſaid Sartain then to attend him. But Inſtead thereof, an order was procured from 〈◊〉 King for our Proſecution. And by Vertue of the recorders Warrant we were both taken up and Committed, for Procuring Warrants from the Commiſſioners of the Navy, on pretence of detecting abuſes Committed in Embezleing Naval-Stores, and Inſtead of bringing the Offenders to Juſtice, have Compounded with them to Stifle the Offence, and not Proſecuted them according to Law.

12. In Anſwer to which, I do aver, that ſince the year 95 I have not procured any Warrant from the Commiſſioners of the Navy, or any other Perſon, to ſearch for Embezled Stores; neither been privy to any Warrant produced or granted, or pretended to be granted by the Commiſſioners of the Navy for that purpoſe; neither have directly nor indirectly compounded with any Perſon in whoſe Cuſtody any ſuch Stores have been found, not to proſecute them; neither been privy to the taking any Summ or Summs of Money to ſtifle any Proſecution, but if any ſmall Summ of Money was received; it was as a Corroborating Evidence of the Offenders guilt; or to allow them ſome ſmall time to produce (as they pretended) ſuch Certificates as the ſaid Act directs; and being, as aforeſaid, adviſed by Mr. Whitaker that the ſaid Act was defective, I have declined making any further Diſcoverys ſince the 19th. of October laſt; and for the ſame, with the foregoing Reaſons, not having yet the benefit of the Aſſizes, have not yet convicted any Offender; neither hath any Perſon been yet Convicted by virtue of the ſaid Act. So that if any ſuch Proſecutions has been deferred it was by a Contrivance of the Admiralty and Navy Boards, and their Solicitor, or thro the deficiency of the ſaid Court who re •••• ••• fuſed to Try the ſame; whereby it is manifeſt, that for my Integrety in promoting the Publick Intereſt, I have offended many of the Publick Enemies, who being incenſed againſt me, have a long time been contriving my Ruin; often threatning my Life, with other terrible and ſhameful Puniſhments, themſelves and their Agents boaſting of their ſecurity by their great Intereſt and Friendſhip at Court.

13. On the 11th. of January laſt I preſented to this Honourable Houſe, a Paper Intituled A word in Seaſon, containing a general Account of ſome Publick Grievances, with particulars relating to the Imbezeling of Prizes and Prize-goods, with ſome proceedings of the Commiſſioners for Prizes, which I intended to unfold to this Honourable Houſe, (which I conceive was the only motive that moved my Adverſaries to bring on this Proſecution againſt me) but having on the 3d. of January gave notice by Letter to Mr. Lowndes, that I could make Diſcovery of Prizes and Prize-goods Imbezeled to the value of 100000 l. and more, and the Lords of the Treaſury being pleaſed to give notice by the Gazett of the 12th. that they would give all due Encouragement provided I could make out the ſame, I did on the 20th. of the ſaid Month lay before their Lordſhips 20 Articles relating thereunto, the greateſt of which might by this time been proved if I had not been reſtrained of my Liberty; but by reaſon of my Confinement ſome of them has been preſented to this Houſe by other hands, and my ſelf thereby partly circumvented in my deſign; ſo that for Indeavoring to ſerve my King and Country, I have not only ſpent my Time and Subſtance, but have alſo Purchaſed many powerful Adverſaries, who to ſtop me in proſecuting the Publick Intereſt, have and do contrive all ways and means to work my overthrow, which is no other then the real effects of Prejudice, for under thoſe ſpecious pretences before recited, they have prevailed with his Majeſty to grant his order for my Proſecution, which being effected I was Committed the 21th. of January, and in the Poſt-Boy of the 24th. expoſed as if I had been the greateſt Criminal in the whole Kingdom; and to prevent me from carrying on my Proſecutions, the Dice are turned upon me, and the Offenders, by a ſecret Combination, are become my Proſecuters, which I humbly conceive is contrary to the Conſtitution of this Government, foraſmuch as I have Endeavoured, as much as in me lay, to proſecute the Offenders, by exhibiting Informations and perferring Indictments againſt them as before recited, for which I conceive I ought to have the priority in Proſecuting, and then if they or any other Perſon can charge me of doing any Unlawful act either in Perjudice to the King or Subject, that then they may proceed againſt me according to the utmoſt Severity of the Law. But being ſupprized and carried before Sir John Houbland, who would not accept of any but City Bail, which I having no Acquaintance there could not produce, I was Committed as aforeſaid the 21ſt. of January, and on the 26th. Summoned on the Penalty of 100 l. to make my Perſonal appearance at the Kings-Bench-Bar (on the 30th) to Anſwer an Information in the Crown againſt me for certain Treſpaſſes, Contempts and Miſdemeanors. Being Informed the 15th. Inſtant, that no Information was then Filled againſt me, and being charged with ſo black a Crime, my Friends were affraid to come near me, ſome of them being threatned with the ſame Fate if they do aſſiſt me, ſo that being deprived of Friends and bare of Money by reaſon of my ſeveral Services for the Publick Good; Being Ignorant in the Law and without Advice am now remaining in a Deplorable Condition, not knowing how to defend my ſelf againſt this violent Proſecution. And the ſaid John Sartaine is Bound by Reculliſans to appear at the Old-Baily the next Seſſions of the Peace, and is alſo Summoned on the Penalty of 100 l. to anſwer an Information at the Kings-Bench Bar for the aforeſaid pretended Offence, and my ſelf Confined a Priſoner in the City liable to the ſame Penalty for not appearing at the Kings-Banch-Bar according to Summons.

14. The Premiſes thus truly ſtated, manifeſt it is, that the Villifiing and abuſing me, as a Rogue of the greateſt Rank, for doing the Duty of a Faithful Subject, for putting the Laws in Execution, is (as I humbly conceive) a Reflection upon the Judicious proceedings of the Lawmakers; foraſmuch as the ſame Reaſon that induced them to make ſuch Laws, encouraged me to put the ſame in Execution, and whereas I am charged for ſtifling Proſecutions, I do moſt humbly take leave to acquaint 〈◊〉 Honours that after the expence of 30 l. in Proſecuting a Captain the laſt Mickahnus Term for Embezeling a Prize-Ship and Goods to the value of 80000 l. after two motions to defer the ſame, and two appointments for the Tryal, the laſt of which was the laſt day but one of their ſitting out of Term, altho the Cauſe was called, and the Jury ready to be ſworn, I was then diſappointed by reaſon that one of my Counſel (after he had taken his Fees) departed the Court; true it is the Lord Chief Barron, to his everlaſting Praiſe, did as much as in him lay to bring the Cauſe to Tryal, which being about Nine of the Clock in the Evening, did declare that he would be contented to hear it that Night or the next Morning or Afternoon, adding that there ſhould be no Complaint againſt him; ſo that if any neglect has been in carring on any Proſecutions I humbly conceive it ought not to be laid to my Charge.

15. And foraſmuch as it is the undoubted Right of this Honourable Houſe to enquire into and Redreſs Publick grievances, ſo I humbly conceive that every Subject hath the Priviledge to lay ſuch grievances before them, provided it be done with decency and reſpect; and finding (by dear-bought Experience) that no Redreſs was to be obtained elſewhere, I did (with moſt humble Submiſſion) preſent to this Honourable Houſe, in hopes of their Honours Protection, the aforeſaid Paper Intituled, A word in Seaſon, wherein is ſet forth, under ſeveral heads, many Publick and unparaleld grievances committed during the late War, which I ſhall be ready to prove whenſoever this Honourable Houſe will be pleaſed to hear the ſame, whereby it will Evidently appear what Perſons has been employed in the Adminiſtration of Publick Affairs, and how far I have Indeavoured to promote the Publick Intereſt; Moſt humbly praying your Honours to conſider the ſtrength of my Powerful Adverſaries, and vouchſafe to ſheild me under the Protection of this Honourable Houſe, until ſome method may be found for carring on thoſe Proſecutions which (it is ſaid) I have Compounded and Stifled; not that I fear the Law, but being (for my Integrity and Diligence) ſurrounded with many potent Enemies, who, if it be poſſible, will turn the true Courſe of the Law to my prejudice, which if I can but obtain the favour of being heard before a Commitee of this Honourable Houſe, I doubt not to make my Innocence appear and gain Repute thereby; which to effect, having little Acquaintance with the Honourable Members of this Houſe and being under Confinement, I do moſt humbly pray that this my Caſe may obtain the effect of a Petition and that a Commite may be appointed to examine the Allegations thereof, otherwiſe no Perſon can be in ſafety that doth apeare againſt Publick Offenders, who if their Merſenary, Corrupt and Illegal Practiſes be countenanced and continued, then it conſequently follows that the generality of Mankind will indeavour to Imitate them, whereby the deſign of all that is Good will be defeated, and this once ſo Flouriſhing a Kingdom, become the moſt miſerable, without hopes of Recovery.

16. To which I moſt humbly add that, at my firſt appearance upon the publick Stage, I did not deſign any Advantage to my ſelf, but that the Nation being ingaged in an expenſive War, might by frugallity the better carry on the ſame, I being then in a thriving Condition, altho ſince reduced, by carring on my ſeveral ſervices. In all which if it ſhould appear to this moſt Honourable Houſe, that the detecting and diſcovering Publick grievances and the making propoſals and tenders to ſave the Publick Treaſure, and to ſerve the Publick as I have done, is now become ſo great a Crime, that then I (who conceived otherwiſe) may for this time obtain a Pardon for my ſimple Integrity, and that ſome Law may be paſſed to make the ſame Criminal for the future, to the end other well-meaning Perſons may avoid the like unhappy Fate.

17. Thus having briefly laid before this Honourable Houſe my Caſe, with a ſummary of my Proceedings, I do moſt humbly ſubmit the ſame to the Conſideration of this moſt Auguſt and Honourable Aſſembly, to whom (as the Fountain of Juſtice) I do moſt humbly make my Appeal in this Exigency, and that God Allmighty may Bleſs you in all your Counſels and Conſultations, and that they may Center in the Redreſſing the Publick Grievances and Calamities of this Kingdom, is and ſhall be the Prayer of