Capt. Badiley's reply to certaine declarations from Capt. Seamen, Cap. Ell, & Cap. Fisher as he found them divulged abroad in a fallacious pamphlet, called The remonstrance of the fight neer Legorn, between the English and the Dutch. : As also many other particulars, as they were presented to his Excellency the Lord General Cromwell, and the Right Honourable, the Councell of State.

THE ANSWER TO CAPT. SEAMANS DECLARATION.

FIrſt he ſaith, when Captain Cox was ſent to know in what a condition they were in, then he replyed, ſo and ſo.

To that paſſage I anſwer thus, having receiv'd about 20 Letters from Legorn, acquainting me with the ſtubborneſſe and averſneſſe of the ſaid Seaman, to doe any ſervice that might have conduced as much to their Employers benefit, and their owne goods, as to the honour of the Nation, and having been ſufficiently advis'd of the backwardneſſe of the States ſervants, I ſent the afore-named Capt. Coxe to put ſome life into them, by giving them to underſtand how much it concerned them, for ends before denoted, to act vigorouſly, and come away to my Aſſiſtance, but nothing would, faire meanes, or acts of Civility, work (in the leaſt) upon the ſaid Seaman, but the production of ſome ſuch ſcorne as was ordinary with him; What, doe you thinke we come hither to convey the States Ships? Cannot they be gone of themſelves, without the helpe of Merchants Ships?

In the next place he ſaith, As ſoone as the States Commiſſioners came, he rendred obedience unto them; which is a deſperate untruth; For being at Legorn the beginning of Nov. with all the Arguments I could uſe in a friendly and perſwaſive way, I could not prevaile with him, and Capt. Roope, and thereby they hindred Capt. Marſh, who told me he would readily ſubmit to ſerve the State, if the reſt would embrace the Commiſſions, and ſerve.

However a good while afterwards (whil'ſt) I was abſent at Porto Longone, Mr. Longland carried the States Commiſſions on bord their Ships, and reading of it at their Main-maſt before Witneſſe, prevailed with them to land their Goods, and ſerve the State; whereas, had they readily imbrac't the Commiſſions, we might have been in a far better Capacity then we were.

Next, he tels a peece of ridiculous ſtuffe, that at Legorn in the afternoone (we may gueſſe when) a Counſell was call'd, and he was told but ſo and ſo.

Here he playes the Weaver, and mingles a great many falſities together: He ſaith, Mr. Longland and myſelfe told him we muſt be gone in fifteene dayes.

To that I anſwer: Truth is, I did acquaint him the great Duke would thruſt us out of his Port, and in twelve dayes we muſt be gone, elſe for ought I could perceive, we muſt be deſtroyed, more Guns being then brought downe, and planted againſt the Leopard; and he well knoweth, I went on bord the Sampſon, as well as on bord other Ships, and caus'd all his Officers and Marriners to be cal'd together, and being aſſembled, I made a Speech among them to this effect, Our condition is much like the Leapers we read of, or like to thoſe that have had enemies before and behind them; and the riſe I took from thence, to deſire they might quit themſelves like Engliſh men, when ever they came to it, is not unknowne to him, except he ſtopt his eares all the time I was ſpeaking.

But in the next place, after he had ſhewed himſelfe liker a Mouſe then a Man that flood up for the Honour of his owne Nation, he turnes Champion for the Great Duke, and as one that had con'd his Letter at that Court, ſaid, that he heard we might have ſtayed ten dayes, and ten dayes after that, &c.

But to that paſſage I anſwer, the more unworthy perſon he, that he ſhould never acquaint me with any ſuch thing; for I underſtood neither directly, nor indirectly, but that we muſt have been deſtroyed in the Great Dukes Port, if we had ſtayed longer then our limited time.

The next thing that concernes me to Anſwer, is, that Cap. Ʋpcher told him they were neere the Lanthorne in the night, but in the morning we were two or three leagues off. Indeed we were neere the Lanthorne within four or five miles thereof, about midnight, and if then he had not laine like a Lurdaine upon the Bed or Couch, but had vigorouſly endeavoured to have put my Order in execution, when I ſent for him among others, I believ'ſt he had ſav'd his Ship, and the State had ſav'd their Repute they loſt in ſome meaſure, by employing as inſtruments, ſuch Paltry Drones.

But ſaith he, In the morning we were three or foure leagues off: For Anſwer, I leave it to underſtanding Sea-men to judge (how far we were off) having all the night long not above fourteen or fifteen fathome water, and ſince we ſaw not the Malora before night, we could not tell aſſuredly whether we were to the ſouthward, or to the eaſtward of him, untill it grew the lighter for day, and then we haſtned in as the wind gave leave, with all the ſaile we could make.

Next, he tels you, That my Lievtenant was ſent in to them to call them out, and that upon their lives, before I was too much ingaged. Mark now, if the Queſtion were asked this impudent perſon, being it was on your lives, what will become of your life now? ſince it can be proved notwithſtanding that Order, you lay like a Drone four or five houres after, and did nothing at all as to going out.

If he Object, We were to be engaged firſt; (I know that was agreed on, if the Ships did not come out in the night) but ſince he ſtaid while it was day, why ſtaid he not untill we were engaged? himſelfe ſaith, They ſhould come out before we were too much engaged, Ergo, They ſhould have ſtayed in the day time untill wee had beene Engaged.

But to mend the matter, He thought I would not Engage. This is pretty ſtuffe; but if it opens not a gap for every inferiour Officer to take hold of his Commanders Throat, I ſhall remaine ſatisfied to lye under that indignity for the preſent.

In the next place, he tells us that Mr. Longland and others ordered them to goe out next morning.

For Anſwer, pray let every one judge, who is like to ſpeak truth. Mr. Longland writes in ſundry Letters to ſeveral men, and to my ſelfe, that when he heard they were gone out before I had engaged, he ſhut himſelfe into his Chamber, and in his thoughts gave all for loſt.

In the next place, Here's Oath made by a credible witneſſe, that Capt. John Wood, who loſt both his ſhip and life in the buſineſſe, confeſſed when he was going out of the world, that their deſtruction was of themſelves by going out too ſoon in the morning, it being againſt the reſult of their owne deliberate Counſell of War, and diametrically croſſe to what was concluded among our part of the Fleet, as may be ſeen among the Copies of the Orders, dated the 1 or 11 of March, in the cloſe there was this concluded on; That if the Enemy come out, and the wind were Eaſterly, we ſhould toyle them off by ſtanding a little to the ſouthward. Compare that with my Letter of the 3 or 13 of March at 4 a Clock in the morning, and there I told told them (as I remember) (and Capt. Appleton confeſſeth as much by his Letter of that dayes date, at foure in the afternoone) I was very loath to hazard that Squadron, being ſomewhat the leſſe, wherefore I would not have them venture before they ſaw me engaged: or words to that purpoſe.

Next he ſaith, That when I ſaw them out of the Mould, I tackt about. To which I anſwer, for ends before denoted, as alſo in regard it was the opinion of Mr. and Pilots, that we could not weather the Malora, we did tack off for halfe an houre, the head-moſt of the Flemiſh Fleet then bearing away directly with us, and had been with us in halfe an houre, if our Ships in the Mould had not impudently come out as they did: And I appeale unto all underſtanding Seaman in England (that knows what Legorn-Road is) whether it be not moſt hazardous to engage with ſuch Ships of Charge, as we had in that Auger-hole: And whether we were not as gallantly to paſſe as any men in the world could be, to goe jameing off with our Main-ſaile hal'd up, (as well to clear our Ordnance in the Capſtain Way, as otherwiſe) ſince the Malora did now beare N. N. E. about a mile off; for (if they had ſtaid a little longer in the Mould) we had Searoom enough: and as I ſaid to them that were next to mee, Now if haife a dozen of theſe fellowes of Van Gallens Crew comes on board, the Parragons ſide will hold them, and by that time every one hath had his ſhare, and that wee are all hot at our buſineſſe, & then the Ships in the Mould will out, and coming freſh on the Enemie, I doubt not but by Gods aſſiſtance we ſhall have the day.

Yet as ſoon as we ſaw the ſhips in the Mould coming out, and that the Enemie tack'd upon them, we ſet our Mainſaile, and top-gallant-ſailes, and ſtood in with all the Saile we could make, and as the winde gave leave: This is prov'd by ſundry Witneſſes upon oath, and I dare preſume to find as many ſcore, as there are particular perſons to atteſt ſo much, that I loſt no time in coming in, and ſent Captaine Mings to tell the Commander of the Frigots, I would have them haſten in with all the Saile they could make, to help them that ſtood moſt in need of Aſſiſtance: But before I came within ſhot, the Sampſon after halfe an houres diſpute, or leſſe, not having men on the upper Deck to trim Sails, was all on a light fire. Concerning the manner of the calling off the Fleet, I have ſpoken elſe-where, and being chas'd by the eight ſhips, I ſhall ſpeak to it, when I come to anſwer Ell, and Fiſher.

But in the Cloſe he ſaith, If I had beene a Pentioner to the State of Holland, I could not have done them better ſervice then I did.

This is an Expreſſion, that ſhewes the man (as we uſe to ſay of a picture that is drawn to the life) I can hardly think there is ever an Enemy I have in England, but muſt needs confeſſe it's pure malice.

But now conſidering what I have declared in Anſwer to C. Appletons Remonſtrance, and the Affidavits that are annexed, and Letters, let the world judge who was likelieſt to be the State of Hollands Pentioner, he or I.

In a compleat number of Particulars, every ſyllable whereof is, or will be proved upon Oath.

FIrſt, if not by the open defiance he made to the State of England, as our Letters from Legorn can teſtifie; yet by the great ſtubbornneſſe, and perverſneſſe that was in him to aſſiſt in my firſt Engagement (prov'd at large) in humane reaſon occaſioned all the ruine befell us neer that place, and was the cauſe why the Merchants goods are not in England; he would not help us, and therefore God orders it out, that we ſhould not be able to help him.

Secondly, His backwardneſſe above all men to goe out to Sea, and doe ſervice, when hee was the States ſervant, ſaying, To goe out upon nine or tenne of the Enemies inferiour ſhips (when wee had ſixe ſuch gallant ſhips to have engaged them, and ſo breake our way through) was to loſe three or foure good ſhips in his opinion.

Thirdly, If his Prayer would help on his Ruine, then I am ſure he wanted not to wiſh, with as much earneſtneſſe as a man could doe (even in my preſence) that the Sampſon were of a light fire, and that it griev'd him to look on her (in regard he had receiv'd ſome diſcontent from his men) whereupon as one aſtoniſh'd, conſidering how lately he had loſt a ſhip by fire, I replyed, Hold, hold, Captaine Seaman, oftentimes God annexes his Amen to ſuch paſſionate expreſſions. Add to that his running aſhoar very few dayes before his diſaſter, at a time he knows he ought to be better employ'd, viz. the Lords day (for men that were but civill could not chooſe but cry ſhame on't) to ſee his ſervants all that day act the parts of Effeminates in womens apparell. I ſay (let the world think what they will) I judge it occaſion'd God to leave him to effeminateneſſe of ſpirit, at the time when hee ſhould have ſhewed more man-hood, and therein he did the Dutch as good ſervice as if he had been their Pentioner; and he well knows, I told him then, I fear'd a hand of God was not farre from him.

Fourthly, When as I ſent my Lieutenant to wiſh them to act vigorouſly, by cutting their Faſts immediately, and come out, the wind blowing afreſh off ſhoare, and we being neere the Lanthorn to receive them, according as my Lieutenant makes Oath (as if indeed he had been Pentioner to the Dutch) he would not riſe off his Pallat to the Captains Conſultation, but there lay like a Cow, when a buſineſſe was to be tranſacted of ſo high concernment to the honour of the Nation, the ſaving of mens lives, and benefit of all our Nations Merchants in point of Trade.

Fifthly, His giving conſent to come out ſo ſoone in the morning, before we had wrought in our Ships and Frigots neer the Mould-head to receive them, or were engag'd with the Enemie.

Sixtly, That contrary to all reaſon and order being out, as if he had indented before-hand to be a means of the Sampſons deſtruction, runs with all his men under Hatches (as ſaith our Letters from Legorn:) Whereas if ſome perſons had been kept on the upper Deck to have trim'd her Foreſaile, doubtleſſe ſhe had come away cleare of young Trumpe, and the Fireſhip alſo.

Seventhly, After Mr. Longland had ſhewed favour to him and other Captaines in time of their impriſonment, by his writing on their behalfe into England, that they might be remembred in point of Exchanges, and afterwards had engag'd himſelf in ſome thouſands of crowns, that he the ſaid Seaman & others ſhould render themſelves true Priſoners in Holland. I ſay, when that Gentleman came to viſitehim, after many acts of Civility ſhewed to him (as if he had received a Penſion from the Dutch) he would have knock'd out his brains with ſtones he heav'd at him, ſince he was the State of Englands Publick Miniſter, & a man of ſuch worth, as if this inſolent malicious mans conſcience would but ſpeak out, it muſt needs confeſſe; That although the State may have many faithfull Servants, it's impoſſible they ſhould have any in ſuch an employment (as he is in) more ſtudious and induſtrious to promote their Honour and Intereſt.

Richard Badiley.

Here followeth an Anſwer to C. Ell's Declaration.

FIrſt, he ſaith, that ſoone after Capt. Appletons Squadron came out of the Mould, the Dutch tack'd on them, and then Cap. Badileys Squadron might have come at them.

I have not the ſpirit of Divination, to know what he meanes by that Paſſage: It's truth, we might have come at them, and we did come at them at laſt: but if his meaning be, we might have come at them ſooner then we did; Then thus; As ſoone as ever I ſaw our Ships coming out of the Mould, and what the Flemings were minded to doe, I ſent Cap. Mings on bord the Frigots, to order the Commanders of them to haſten in with all the Saile they could pack to the aſſiſtance of that Squadron; and he being of the Reer-Admirals Squadron, the Phoenix wearing that Flagge, he ought to have followed her with all the Sail he could make; but if he neglected the doing of his Duty, I believe it is not yet too late to call him to accompt, and do juſtice on him for ſuch an Omiſſion.

If he meanes, I neglected, or loſt time, or did not haſten in as the winde gave leave. I have ſhewed the contrary to that by the Atteſtation of at leaſt halfe a ſcore of very ſufficient Officers, as Captaines, Lieutenants, Maſters, and Maſters-Mates; and I ſuppoſe it will not be very difficult, now the Fleet's come in, to finde ten ſcore Witneſſes to prove, that I could do no more then I did in haſtning in, if it had been to ſave the Common-wealth.

In the next place he tells us two of the Enemies ſhips were on bord the Leopard on the Larboard ſide, and they all three lay with their heads to the Weſt-ward.

This paſſeth as ſmoothly with them that knows not Star-board from Port, as that paſſage in Cap. Appletons Remonſtrance; wherein he expreſſeth, that when there was no Wind at all, he towed the Leopard through the Dutch Fleet, yea, and he towed her againe through them, at which we need not ſay to all Sea-men, pray laugh (ſince he had no help, but of two ſmall Boats) for all ſuch men know that a Land Commander might have been as ſoon believed in ſaying, A Mouſe with a ſtring in my Noſe led me and my Troop through a Regiment of the Dutch; and ſo valorous it made us, that it pul'd us through them againe: For thoſe Dutch Ships Stemmes and Bow-ſprits lay directly over the Leopards Broad-ſide, and conſequently their heads could not lie all one way; the Leopards head lay to the South-ward, and the Flemings heads lay over her broad ſide to the Weſt-ward, and ſo with their two Top-ſails and fore-ſails they kept full before the Wind, and pog'd her directly towards the ſand that lyeth from the Malora all along to the Main.

And although I am ready to teare my paper, and throw all away, rather then ſpend my time in anſwering ſuch horrid lies, as all theſe Declarations are ſtuft withall, yet I ſee there is a neceſſity of my Patience in proceeding.

He ſaith in the next place, that all my Squadron was to Wind-ward, and ſhot at a great diſtance; but ſome went neerer, as himſelfe for one: Oh valorous man! Whilſt he was at Civita Vechia, a moneth or two before he had the States Comimſſion; for then according to what the Boateſwains Mate of the Hector (that was in the Ship with him) is ready to make Oath, he out-paſs'd all others, for he drank the Confuſion of the State of England (ſaith he) with ſuch heartineſſe, that he heav'd his Hat over-board, and would not let them fetch it againe, being on ſuch a ſcore But it's prov'd by ſundry Witneſſes (and if occaſion be, it will be prov'd by the Oaths of tenne times as many knowing men, who obſerv'd what paſs'd) that thoſe who did leaſt ſervice among all the Ships, did as much as the Lewis, and as I have denoted elſe-where: But for not going on bord the Leopard, or coming neer me when our ſhip would not worke, that I might have commanded him to goe upon that ſervice, his Cowardize or negligence therein, muſt needs have cauſed him to be brought under a moſt ſevere ſentence, and if I had brought him home in chaines to have been tryed for his life, for that and other miſdemeanors, all knowing men muſt confeſſe I had done but Juſtice: however if lenity have imboldned him to be ſo audacious, I ſuppoſe it is not yet too late for authority to call him to an account, and perform that part that I omitted.

But he proceeds, and tels us, that when he was getting the wind of the Leopard, although he had a mans head ſhot off, and another ſhot through the back, and ſome wounded, he was intended to relieve the afore-mentioned Ship; but when I ſaw him leane to Lea-ward, then I cal'd him after mee.

This is a pretty ſtory to come from a Saylor in Breeches; I hope his mans head that was ſhot off did not make his ſhip lean to Lee-ward?

I anſwer; when I ſaw that he and others who were neere the Leopard (being nimble ſhips) did not execute my orders in going on bord to relieve her, when our Ship the Parragon would not beare up to doe it, if it were to ſave a Nation, as it's proved upon oath by ſundry witneſſes, and can be proved by as many ſcore if occaſion require. Yet afterwards, when about a dozen of my chief Officers (I ſuppoſe as able men as any were in the Fleet) gave me in their opinion, as they would anſwer it upon their lives, it was no way likely, ſince the Leopard was drove ſo neer the ſand, that we could diſ-intangle her from the other ſhips untill all of us were aground, or be deſtroy'd together, I did with-draw, and call off the Squadron: and I had been worthy of the repute of a mad-man, if I had not done it as I did, all things conſidered.

I follows next, That having the Fireſhip neere me, I might have engaged the Dutch Admirall.

Let all men judge, whether this be not an impudent, brazen-fac'd perſon; and whether hee were not under Hatches, whereas hee ſhould have been looking abroad, when about two hundred and fifty men and boyes that were in the Parragon can, and I am confident will (when ever they are call'd to it) make oath that we did engage the Dutch Admirall within Musket-ſhot, and there diſcharg'd a volley of ſmall ſhot, and about 30. piece of Ordnance into him at no further diſtance, leaving him by the Lee: And had we grappl'd, how could the Fireſhip have done her execution which I order'd her to doe, and yet have ſav'd our owne ſhip; and if an honeſt ſtout perſon had been there to have made all the ſaile hee could for the effecting thereof: But ſuch a bundle of words, and good for little elſe, a proud, prating Conſort (like unto them that put out theſe Declarations) I believe the Dutch Admirall might have been fired, and the day have been turn'd by it.

In the laſt place he ſaith, The winde was at S. S. E. all day, and with nine ſhips I ſteer'd away, although was chas'd but with eight, and if we had tackt, it would have given a good wipe to our cowardize (including my ſelfe and all others with the cowardly K. himſelfe) he having received the moſt damage, and that he ſaw the Leopards Flag foure hours after he came out. All theſe are ſuch a company of long— that deſerves neither time, nor paper to be ſpent in anſwering them: Patience.

1. Whereas he ſaith, he received greater damage then the reſt, I think his conſort Fiſher will quarrell with him about that point: But although the Parragon and others might receive three times as many ſhot as he, & loſt men as well as he; if ſhe and others had receiv'd a thouſand great ſhot in the Hull, Maſts, Sailes, and Rigging (as the Parragon received little leſſe not many moneths before) and although ¾ of the men were loſt, yet the Commander ought to follow the ſervice they were upon, ſo long as there was any hopes; and if this had been conſidered by him, he would not now bring in a lame excuſe about his damage, in hopes to acquit himſelfe from what he deſerves, in not complying with the Order he received at the Councell of Warre the day before, which was; That when the Commander in Chiefe of any ſquadron was removed, thoſe of that ſquadron ſhould attend the Commands of the Admirall; and the Rear-Admirall being aground, he ſhould have attended neer me to know on what ſervice I would have put him.

2. Whereas he ſaith, the wind was at S.S. E. when I cal'd off the Squadron; Becauſe I find him before mentioning his Journall (as now hee doth in the Cloſe) I thought him a greater Proficient in the Art of Navigation (then thoſe that have judg'd he could not ſay his Compaſs) but now it doth not appear.

For divers underſtanding Seamen have made oath, the wind was about the E. S. E. moſt part of the day, and my ſelfe, and hundreds beſides can freeely make oath, the ſhip lay South, and from the S. by E. to the S. and by W. with the Stem, when we left Legorn-Road, and all the Afternoone after, untill we bore away Laskin, ſo that we weather'd the Gorgana about 3 or 4 Leagues, and then let all Seamen judge where the wind was.

And whereas he ſaith, When but eight Dutch ſhips came after us nine, I would not tacke upon them to wipe away our Cowardize:

What if but two Frigots of the Dutch had followed us, (the reſt being under the ſhoar ready to come off to them) would it have been any wiſdome to have tack'd upon them, ſince the Parragon was a foul ſhip that had been off the ground about two years, and all the Dutch cleane ſhips? the neereſt was three leagues aſtern from the time they firſt ſtood after us: And pray mark the diſproportionableneſſe that was between us, and you will give ſome eſtimate at the malice that is in this mans heart.

The Dutch were 26 Sail in the morning when they weighed; but by a hand of God we were reduc'd to nine, at withdrawing, and we ſaw no damage any of them had receiv'd, except one ſhip ſunck, and their Fireſhip burnt, for which they had taken two of ours, and it may be the Tiller of the Admirals Rudder ſhot in pieces, which could not be long a mending, and one of thoſe on bord the Leopard was ready to ſinke as we thought, ſo that however they were three to one: But beſides, there was the Reer-Admiralls Squadron, ſixe great Ships, from 46. to 30. piece of Ordnance expected to the Enemies aſſiſtance from Meſſina every moment, and there was a great ſhip look'd for from the Weſt-ward, with 60. piece of Ordnance, and 3 or 400. men, which had in her Ammunition, and all manner of Accoutrements for that Fleet, & two other great ſhips from Tolloon, all wch ſhips arrived next day, or within 2 or 3 days after as I have heard, but none could be expected to our relief. Beſides, the Commander of the Conſtant Warwick and Elizabeth, told me their Main-maſts were ſo cut with ſhot from the Enemie, that they were fearfull they would fall by the bord, ere they could fiſh them ſo, as to ſtrengthen them to carry their ſhips through the Sea. The Commander of the Phoenix told me his fore-yard was in pieces, & he muſt have a little time to mend that ere he could do ſervice: The little truſt to be given the greateſt part of my owne Company may be gueſſed at, by the trick they ſerv'd me at my firſt Engagement, the other four or five Merchants ſhips (all but one) little better mann'd, then if they were to carry Salt, or Corn: So that all things being conſidered, I have cauſe to believe, that there is never an underſtanding man in England, but muſt have judg'd (the Enemie being above four to one odds) now whether it had been then any prudence to have engag'd further, I leave it to old Souldiers to judg, who were wont to ſay, Bring a new or young Souldier into the Field, and when once their back is turn'd upon the Enemie, you ſhall never get him (at that time) to ſtand for doing any conſiderable ſervice.

But now, if Cap. Ell ſhall yet defend himſelfe but from three or four men as well Arm'd as himſelfe, where there is no Wall, Hedge, or Tree to leane his back againſt, I'le forgive him, and be content to ſit downe under the aſpertion he hath laid upon mee: But if not (although Juſtice ſhall ſleepe) I hope it will be no offence in me to deſire the inſolency of this perſon in Arragning and Condemning his Commander as a Coward before Tryall (who hath beene known to manage a Diſpute by Sea, before he well knew how to tye up his Truſles) may open no gapp for other proud, vapouring Sirs to flye in the face, and beſpatter eminent, and gallant Commanders on whom (in ſome ſenſe) I am not worthy to wait.

Whereas he ſaith he ſaw the Leopards Flag foure hours after we came away, & ſhe was ſhooting ſo long. By the oaths of very ſufficient witneſſes (that ſtood and look't on as they were priſoners on bord the Flemings) it is proved, we could not be gone little above an houre before the Engliſh Colours were downe, and the Dutch Colours were flying upon the aforenamed Ship.

Here followeth an Anſwer to C. Fiſher's Declaration.

FIrſt, hee ſaith, That word was ſent from me that very morning before they came out of the Mould, that I would not have Captaine Appleton come forth untill I came neere the Lanthorne.

If that be granted, then what madde men were they to come forth before my ſelfe, and the Frigots came there to receive them; or at leaſt before they ſaw me engag'd with the Enemie, ſince it was contrary to their deliberate Councell of War that morning, when as Mr. Longland was among them, and adviſeth as much by ſeverall Letters.

Secondly, he ſaith, I ſent two Meſſengers to order their coming out, although one was ſent before to order them not to budge; but ſeeing me ſo wavering, they concluded ſo and ſo.

I ſee he and others would faine ſtammer out ſomething to excuſe themſelves, although it's not a little troubleſome to me, I muſt comply with part of ſolemn Councell, by anſwering ſome perſons according to their folly, leſt they be not only wiſe in their own Conceits, but judg'd by other ſo honeſt, as to ſpeak ſomething of truth.

Firſt then, that men may judge whether I was wavering or no: The 3, or 13. at four a Clock in the morning, I ſent my Feluca in with a Letter to Cap. Appleton, the Contents of which was to this effect: Your ſquadron being the leaſt, I am loath to hazard it, and therefore I would not have you ſtirre before I come cloſe on bord the Mould-head to receive you, or be engaged with the Dutch.

His Anſwer at foure a Clock in the afternonn runs thus; I thankefully acknowledge your care of this ſquadrons preſervation, but if wee have a fine gale of winde off ſhoar in the night (with your approbation) I will come out.

In the beginning of that night, that thoſe in the Mou'd might not be terrified about thoughts of the enemies Fireſhip, Cap. Ʋpcher & Whiting went in while it was calm, to tell them they were order'd to attend within Musket-ſhot of the Mould-head in the morning, and that the later was man'd for a Man of War, as well as a Fire-ſhip, to the end ſhe might clap the Enemies Fire-ſhip abord, and ſurprize her in the firſt of our Diſpute, in which ſervice the Conſtant Warwick was to attend her.

About mid-night, ſeeing a moſt gallant freſh gale of wind off ſhore all Eaſterly, I cal'd my Lieut. to me ſaying, take the Feluca, and goe with all ſpeed on bord C. Appleton, and tel him, although I ſhal not ſend a warrant poſitively to require him to com away at this inſtant, becauſe I know not how the wind may ſhift before you come there; yet if the gale continues, let him know I effectually recommend it to him, to cut his Faſts, and come away: He went accordingly to that Squadron, & then I ſuppos'd my ſelf by the light of the Lanthorn (if I were not miſtaken) to be about 3 or 4 miles off in the fair way. It ſeems my Lieut. arrived on bord the Leopard about two a Clock the 4th in the morning, and having delivered his Meſſage, all the Commanders were cal'd to come and conſult with Cap. Appleton what was beſt to be done; the word was paſs'd from ſhip to ſhip, to the Commanders of the Sampſon, Perigrine, and Levant Merchant, they came: But although they cal'd divers times, Ho the Mary, ho the Mary, the Admirall hath ſent for us to come away; wherefore the Vice-Admirall deſires the Captaine of that ſhip to come and conſult with them about the Buſineſſe, or words to that purpoſe. But the Gentleman could not be made wake in neer two hours after, which is not to be admired at (by thoſe who know what diſeaſe he is troubled with all) In the meane time (while he was abſent) the reſt had ſhewed enough of their waveringneſſe.

Sometimes the greateſt part of them agreed upon cutting and breaking looſe to go out; but then one more, a Drone, and duller then the reſt, he puts in his verdict to ſtop their intention, ſo that all was laid by before this Fiſher came, which made the Maſters Mate of the Leopard, one Maſter Wrightington ſay in a paſſion, The Captains were curſed people, and bewitched to that Mould; Why could they not goe out with that gallant freſh gale of winde, now that their Admirall ſent for them? And I dare preſume, never did men loſe a fairer opportunity: For as if God had reach'd out a hand from heaven, and pointed it out to them, the Eclipſe of the Moon was juſt at that time: But ſaith he the Flemings were in a Half-moon within Musket-ſhot of the Mould-head with their topſaileſheats hawl'd home, and moſt of their Fore-ſails in the Brailes.

My Lieutenant that went in with the Feluca, and ſaw all the Dutch ſhips how they lay, makes Oath that he ſaw them all very plain by Moone-light, and could not perceive that any one of them had the leaſt part of a ſaile looſe; and beſides, he makes oath, that by his beſt judgment, none could be nearer then about 2 mile off the Mould-head, with the ſhips heads that way, directly to Lee-ward of the Mould, as much in a Halfe-ſquare as a Halfe-moon for ought he could ſee. Now let all men chuſe whom they will believe, a perſon that was in a Boat neer them, or a perſon that lay faſt aſleep and could not be awak'd by any means.

The next thing he ſaith, is, That they expected me neere the Lanthorne when it was day, yet then I was as farre diſtant as over night; and by ſome of our owne Squadrons relation, we lay muzled four Glaſſes, when we might have been by this ſhoar in the morning, and ſo have ſav'd their ſquadron, &c.

For Anſwer; when as I expected them out, we did lye muzled with lights fore, and aft, and all men ready by the Ordnance to which they were aſſign'd; that if any had eſſaulted them in their way coming out, we would have fill'd our ſailes, and ſtood in to have engag'd them.

Now the Reaſons for lying ſhort with our Saile are chiefly theſe.

FIrſt, in regard we ſaw not the Malora before night, and that we might bee miſtaken by taking a light on the Hills for the light of the Lanthorn as ſome have done, and have run aſhore in the night (as I have heard) by that meanes, even ſo might we, by labouring to get into Legorn-Road at that time with ſuch a Ship of Charge as the Parragon is, it being a true ſaying, Night hath no eyes. If it be yet replyed, it was a moone-light night? I anſwer; When as I have been bound for the above-mentioned Road, even in a Moon-light night in company of C. Moyer, and others, that had I believe as able men on bord as any was in our Fleet; and yet in regard we ſaw not the Malora before night, although the ſhips in point of Charge were no way proportionable to the Parragon, yet we durſt not venture into that Road, but have layn ſhort all night about the Gorgona, untill day-light appeared. Beſides, all the latter part of the night we had an Eclipſe of the Moon that made it wondrous dark, that wee could not diſcern the ſhoar, but they in the Mould might have come off the ſhoar at their pleaſure; and the darker it was, the more for their advantage.

Secondly, As I alwayes judg'd it a moſt dangerous thing to engage with ſuch Ships of Charge as we had, in Legorne Road, ſo I had ſpent ſundry hours in hammering out a way to draw our Enemies from thence to fight us in the Sea, by ſending Propoſitions as I did to the Great Duke, and otherwiſe; and I could not imagine, but that the above-named Prince would endeavour to open a doore or paſſage for thoſe Ships in Legorn-mould (he commanded forth) to goe out of the reach of his cannons before the Dutch ſhould have had the liberty to aſſault them: and conſequently they muſt have come out, if they had an intent to fight us; wherefore I judg'd my ſelfe as well to paſſe without the Malora, as within, when day light appeared.

Thirdly, I could not imagine our Ships in the Mould would have come out in the morning before I was engag'd, becauſe they had the Copy of our Orders agreed on at a Councell of Warre the firſt of March, wherein they might ſee it was reſolved, that when we came neer Legorn, and the winde Eaſterly, we ſhould then make a bord off, by ſtanding a little to the South-ward, purpoſely to tole or entice the Enemie out, that if it were poſſible, our engagement might be without, and not within the Malora. And according to what was endeavoured to bring about, and have effected for our advantage, it pleaſed God to put into the hearts of the Dutch to come out upon us: And when the head-moſt of them were bearing with us, and that we laid our ſhips head to the Offing, diſtant from the Malora, as is before expreſt, I appeal to all underſtanding Seamen that know that place, whether we had not been as gallantly to paſſe as any men in the world could be, in regard that when the Enemy had bore to Lee-ward whereby to engage us, they could not have tack'd back upon our friends in the Mould, but in all probability wee might have had the advantage of the winde to have gone backe as faſt as they, thereby to have met that Squadron: But now they imprudently come out before the Enemie was come to Lee-ward upon us, and engag'd us, contrary to reaſon, and my Advice given them in my Letter, dated the day before at four a Clock in the morning, contrary to their owne deliberate Conſultation, while Mr. Longland was with them that morning, whereby they loſt ſuch a ſecond Advantage, which can be far more eaſier diſcern'd, then it was felt, by many that loſt their lives, or were wounded in Body, Eſtate, Reputation, and Peace, which otherwiſe they might have enjoyed, had it not been for that omiſſion.

Fourthly, Could I have imagin'd they would have come out ſo indiſcreetly, ſince (as they acknowledg) they were advis'd that the Conſtant Warwick, and our Fireſhip ſhould be at the Mould-head to receive them before they came out.

But to proceed a little further; Fiſher ſaith, when hee was neere me, he brought his ſhip to the other tacke, and went firing into the Fleet before me.

Were we not then at a fine paſſe, that a Gallant, who was the other day a Maſters Mate in a fourth rate ſhip, ſhould as ſoon as he takes Command, preſume to turn Leader to his Admirall? But here he tells a ſtory, that all men amongſt us muſt needs acknowledg to be a miracle: If he bore in among a Fleet of ſhips, they were inviſible to us; for there was only two of the Enemies on bord the Leopard, and the Dutch Admirall that was bearing away to the North-ward, all the reſt of the Dutch Fleet were to Lee-ward of the Sampſon then burning, and I do verily believe the aforeſaid Fleet was without ſhot of him, when as he came by the Julius Caeſars ſtern, as other men did, diſcharging ſome Guns upon her.

Yet it was not a greater miracle then was told me concerning him in the Downes, when as there was a Mutinie on bord the Mary, ſome of that Ships Company told me, the Cap. was ſuch a ſottiſh perſon the men could not be contented to remain under his Command, I replyed, how is this? what is the Captain ſuch a Sot, as that the ordinary Marriners cannot live with him? this is a miracle indeed?

But whereas this Fiſher was ſo valarous as to turn Leader to me; what can he ſay for himſelfe, in that he was backward to doe his duty in the time of the Engagement, which the Laws Martiall ſaith is death. Now for to take away all Excuſes, I ſent him a Copie of theſe Orders that was agreed on at a Councell of War the day before, wherein it was reſolved, that if any Ship of the Admirals, Vice-Admiral, or Reer-Admirals Squadron were laid on bord, the others of that Squadron that were neareſt to ſuch an one, ſhould immediately lay the Enemie on bord againe on the other ſide; or how hee could, that had borded his friend of the ſame Squadron.

But this Fiſher, notwithſtanding he had a nimble cleane ſhip, and had not loſt above a man or two in coming out: and although he ſaw (or might have ſeen) the Parragon would not bear up to goe on bord thoſe ſhips that lay on bord the Leopard, had it been to have ſav'd a Commonwealth: And howbeit he was one of the Vice-Admirals Squadron, he went not on bord to ſave her, contrary to the expreſſe rule given him for his better government.

The next thing that concerns me to anſwer (that is not ſufficiently anſwered before;) He ſaith in his opinion, had I ſtood in againe, then I had ſav'd the Leopard, Perigreen, and Levant Merchant, which I left in a ſad condition.

Where this malicions mans eyes were I cannot tell, but there are divers men that can make Oath, as ſome men have done already, that the Perrigreen was ſurrendred before I cam in ſo farre as to diſcharge my firſt Broad-ſide on thoſe two ſhips on bord the Leopard, which the Cap. of her was throughly ſenſible of; and therefore at his going out of the world, declar'd to Mr. Longland, and another Witneſſe, who hath now made oath thereof, they could not now blame me in any thing; and added, for not having reſpect to order, their loſſe was brought about, Oh their deſtruction was of themſelves, their deſtruction was of themſelves, or words to that purpoſe. And as for the Levant Merchant, ſhe was ſurrendred (as we thought) by that time I got firſt in, for the Guns ceaſed between her and the Flemings on bord her: and if any of the Perrigreens men be queſtion'd with it, they will tell tell you that it was noys'd fore, and aft their Ship, that the Levant Merchant was poſſeſt by the enemie an houre before that ſhip was ſurrendred.

There is one paſſage more of this vapouring perſon that I am yet to anſwer, and it is this; hee ſaith, That when he was the ſternmoſt ſhip, I went away with all Saile: For reaſons before ſignified in my anſwer to Seaman and Ell's Declaration, all hopes being paſt, I did order all Saile to be made, in regard now they might take notice I cal'd them away, and withall that we might weather the Rock of the Malora, which was little more then Musket-ſhot from us, and at that time we had no more but four fathom and a half water; but whereas he ſaith, he was left in ſome hazard by reaſon of thoſe of the Enemies ſhips that followed him, ſufficient witneſſe hath, or will make Affidavit, that thoſe Dutch-men of War that followed us, muſt have run about ſix miles, before they could have come at the Mary, if ſhe had been at Anchor, and conſequently he could be in no danger; but although I ſuppos'd ſhe could fetch me up when ſhe would, yet being cleare of the Malora, I ſhortned ſail (in a ſpecial manner) to know how it was with this Ship, and either ſent a Boat abord of them, or elſe bid my Lieutenant call to the Cap. on the Poop, and tell him, that although I kept cloſe by a wind while it was day-light, that the enemy might be ſome-what amus'd, and not be able to know which way I determined to goe, either to the Eaſt-ward to meet their Meſſina Fleet, or to the Weſt-ward, to hunt after their ſhips with Ammunition and Proviſions which were coming that way; yet after it was dark, I would ſteer ſuch a courſe, of which there is ſufficient witneſſe upon oath.

Now having done anſwering the Declarations, give mee leave to adde briefly,

THe Lawes Martiall for keeping good Diſcipline in the Fleet, by it's 11th Article, ſaith, Firſt, It ſhall be death to be backward in doing ſervice in the time of Engagement.

2. By it's 13th Article it ſaith, Whoſoever ſhall utter words of ſedition, or tending to the making a mutiny, ſhall be lyable to a ſentence of death, which needs be underſtood by the ſevereſt puniſhment. Well then, it is be very ſufficiently prov'd, Cap. Fiſher was backward in doing his duty in the time of Engagment, in that he was of the Vice-Admirals Squadron, and yet laid not thoſe ſhips on bord that was on bord the Leopard, a piece of negligence abſolutely contrary to his duty. Againe, By teſtimony on oath it appeares, that he abſolutely refus'd to render Conformity or Obedience to the command, or warrant I ſent him under my hand in the Bay of Logo • .

Further, it doth as clearly appear, that C. Ell did diſobey my order at Genoa, in not going to Naples, or Meſſina, although he excus'd it by putting it on his men.

2. It is ſufficiently prov'd, that he did not act according to his Duty in time of our engagement, in that he came not, or at leaſt kept not neare me to know my pleaſure, when his Leader, the Phaenix Frigot, was aground upon the Rocks.

3. In that according to the Teſtimony given in on oath, at my firſt departure from Legorn, ſeeing me ſhorten ſaile, to ſtay for one of the Frigots, I ſent in to land a man at Cercigo, He calls to Cap. Godolphin, Commander of the William, and Thomas, with theſe words in his mouth, The Admirall looſes time, he hath a minde to Porto Longone, or elſe-where untill he ſells us into the hands of the Dutch, they are like to be at the Streights mouth before us, and therefore let us Merchant-men be gone, and leave the Admirall to ſhift for himſelfe, or words to that purpoſe. By which it appears, that although (it may be) Robert Lendall that ſtir'd up the Mariners to reſiſt the commands of that Gentleman, who was Vice-Admirall in 1648 and ſo to mutiny only on bord that one ſhip, this man would have ſeverall ſhips to commit ſuch unſufferable diſorder.

4. It's proved by ſufficient Witneſſe upon oath, that the afore-mentioned Ell did contemptuouſly contrary to all his friends advice, diſobey my Warrant, and the lawful Command I ſent him under my hand in the Bay of Logos.

Fifthly, It will appear by witneſſe enough, at our laſt coming into the Downes, that although I gave him leave to be wanting from his ſhip about ten hours, he ſtaid above ten dayes, which doubtleſſe occaſioned his men to mutiny as they did, when by Authority they were commanded forth to Sea.

So that now if the high diſorders and contempts of theſe two men (at leaſt) be adjudg'd of according to our Lawes Martiall, without dipping my pen in Gall, or any kind of paſſion, or bitterneſſe, if I ſhould aske the queſtion of the moſt moderad'ſt man that underſtands any thing of Martiall Diſcipline by Sea or Land, and ſay, Pray what do you think could be done leſſe, in caſe I had been inveſted with the power (that undoubtedly belongs to one in my Command, at ſo great a diſtance) and had diſingag'd perſons about me at their Tryall, then to have given a ſentence of death either at the yard Arme, or elſe how, would it not be anſwered in the Affirmative? And if ſo, here we have the old Proverb as rightly fulfil'd as may be; Save a Thiefe from the Gallows, and he will hang thee if he can, theſe men having now ſtruck at my life (as we uſe to ſay) with a witneſſe.

I have yet one word more; the great Jehovah that knows all mens actions, and the end they drive at, at whoſe Judgment ſeat we muſt all one day appeare, can witneſſe for me the truth of what I am now about to ſay, which I am alſo ready to make Oath of when ever I am cal'd to it; ſome of theſe perſons that appeare now againſt me in Print, as one that were either a Traitor, a Coward, or at leaſt a negligent perſon in the management of that buſineſſe at Legorn.

In our home-ward way, ſeeing me walk more reſerv'd, and melancholy (as they thought) then I was uſually wont to doe, they have come to mee with theſe words in their mouths ſundry times, Good Sir, be not diſcontented, nor melancholly about what hath fallen out, no man in the world could do more then you have done; and had you engag'd further (without all peradventure) wee had loſt all the Fleet; or words to that purpoſe.

Wherefore I thinke, to reaſonable men it muſt needs appear we have a ſort of naughty malicious people in England, that have incited ſome of theſe perſons to what originally they intended not, and conſequently it may ſtir us up to deſire that the work which (according to the hope of many) hath been upon the wheel for almoſt twice ſeven years, may be carryed on to a greater perfection.

And I ſuppoſe it may be eaſily gathered from what hath been before denoted, there are a ſort of people that would imitate ſome houſe Carpenters, who being deſirous to make quick work for plucking down a Fabrick erected, firſt endeavoureth to ſtrike away the ſmall Rafters, that at the great Supporters, or Beames, they may fctch a blow (as we uſe to ſay) to the purpoſe.

In fine, it is well for ſome they have in their hearts a very ready anſwer to that notable queſtion of the Wiſe man:

But who is able to ſtand before envy, Prov. 27.4.

For ſome can boldly ſay, &c.

Your Honours very humble Servant, Rich. Badiley.