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Les diagrammes suivants illustrent la mdthode. ata ilure, J 2X 1 2 3 1 2 3 4 5 6 THE PROCEEDINGS O F A General Court-Martial HELD IN THE Council-Chamber at Whitehall, on Wednefday the 14th, and continued by feveral Adjourn- ments to Tuefday the 20th of December 1757, upon the Trial of Lieutenant-Gene- ral Sir JOHN MORDAUNT, by Virtue of his Majesty's Warrant, bearing Date the 3d Day of the fame Month. ^Uifi^eti bp Sutiiontp* LONDON: Printed for A. M i l l a r, iii the Strand. , MDCCLVIJI. [Price II. 6d.] ■^'. %' M :9W' '"■' ""^."■.'▼"^P.^?''^ ■ - €• f A ij V E IL T a S E M E N T.i ^ ^ 9th of Jan. 1758. AM A P of the Basque Road and the ad- •jaceilt Coa^, agpeeJabie 'to the Draught ■prodiked at the iTryafl % -Lieutenant 'Golonel Mtt^rayy as taken iipdn tie -Spat hy a Gentle- itiah oh fffee Ejip^ditiob, -i^nd »*^kich Lieutenant 'Cobliel Murray fikim hi« ,..aa..,j , •M » '~i ' xm %rta m ^ HE RE AS Lieuten^rtt Xreneral Sli* yo;&« Mordaunt was appointed by us Cqinmander in Chief of our Forces fent on an Expedition to the Coaft of France^ and received Orders ai;id Inftrudions relative thereto from us, under our Royal Sign Manual, and alfo bjr one of oqr principal Secretaries of State .1 And whereas the faid Lieutenant General i$ now in Arreft by our Command, for difobey- ing our faid Orders and Inftruftipng, whic|i Charge we have thought fit fhould be inquired into by a General Court Martial : Our Will and Pleafure is, that a General Court Martial be forthwith held upon this Oecafion, which is to confift of our right Trufty and well be- loved ^amei Lord Tyrawly, Lieutenant Gene- ral of our Forces, whom we do appoint to be Prefident thereof, and of our right Truily and well beloved Charles Lord CadogatJ, our trufty and well beloved Jobn Guife, Richard Onjlow, ^ Henry Pulteneyy Sir Charles Howard, Knight of the Bath, John Hudeyouv right trufty and well beloved CounfcUor John Lord De Lawarr^ our A 2 . trufty /v .%1». '?». . I r uniiiiiM I • IS" !!■ . ■■ 'IJiiir,'" [4] It ti-ufty and well beloved James CboImonJeley, Lieu- .tenant Generals ; Qur trufty and well beloved Maurice Bocland, our right trufty and well be- loved Coufin William Earl of Panmure^ our trufty and well beloved Kerry com- monly called Earl of Ancram^ our right trufty and well beloved Coufins William Earl of Jfor- rington, and George Earl of Albermarle, our trufty and well beloved Henry HolmeSy Alexan- der Duryy John Mojiyn^ Edward Carr^ Major Generals of our Forces j our trufty and well be- loved Colonels William Kingjley^ Alexander Du- rotirey and Bennet Noel-, all of whom, or the faid Prefident together with any Twelve, or more, of the faid other Officers, may confti- tute the faid General Court Martial : And you are to order the Provoft Martial General, or his Deputy, to give Notice to the faid Prefi- dent and Officers, and all others whom it may concern, when and where the faid Court Mar- tial is to be held, and to fummon fuch Wit- nefles, as fliall be able to give Teftimony in this Matter ; the faid Provoft Martial General and his Deputy being hereby direfl^d to obey 'your Orders, and give Attendance, where it ftiall be requifite : And we do further author rize and empower the faid Court Martial to hear and examine all fuch Matters and In- formations as ftiall be brought before them, touching the Charge aforefaid, and proceed in the Tryal of the faid Lieutenant General Sir i' :^ -^V''.-.. y, Lieu- beloved well be- Te^ our r, corn- It trufty rle^ our Alexan- , Major well be- der Du- , or the elve, or confti- \.n6. you eral, or i Prefi- it may t Mar- h Wit- ony in eneral :o obey here it author- ial to d In- them, oceed eneral Sir (1 Sir John Mordaunt, and in giving of Sen- tence according to the Rules, of Military Dif- cipline ; wliich faid Sentence you are to return to our Secretary at War, to be laid before us for our Confideration. And, for fo doing, this fhall be, as vfd\ to you, as to the faid Court Martial, and all others concerned, a fufficient Warrant. Given at our Court at St. James'% this Third Day of December 1757, in the Thir- ty Firft Year of our Reign. ^ By his M A J E s T Y *s Command, HOLDERNESSE. To our Trufty and well beloved Thomas Morgan^ Efq; Judge Advocate General of our For- ces, or his Deputy. » ..-■X 1' »i . i 4 i I A ,, ^ eiT .b^iiOTnro'J's^:^^ iil V u W t^dici \,•> 'V»f -••<■>-. A« .'l;'i'7y,ft '< •. ■ifii rjt T r Colonel William Kingslet, Colonel Alexander Duroure, Colonel Bennet Noel. Cha. Gould Deputy Judge Advocate General. H E Members being met, and duly fworn, (the Judge Advocate being alfo fworn, and profccuting in his Majefty's Name,) A 4 Li£U« • ■ [81 Lieutenant General Sir John Mordaunt came Prifoncr before the Court, and the following Charge was exhibited againft him, viz. " That he ** being appointed by the King Commander in Chief «' of his Majefty*s Forces, fenc on an Expedition to «• the Coaft of France, and having received Orders *" and lnftrti6lions relative thereto from his Majcfty, *' under his Royal Sign Manual, and alfo by one of ♦' his principal Secretaries of State, hath difobeyed *.* his Majcfty's faid Orders and Inftru<5tions." An Entry in a Book of Mr. Secretary Pift*s Office being proved upon Oath by Robert fVood, Efq; ap- pointing the faid Lieutenant General Sir John Mor- daunt General and Commander in Chief of all and lingular his Majefty*s Troops and Land Forces ap- pointed or to be appointed for a fecret Expedition for his Majefty*s Service, bearing Date the 3d of Juguft, 1757, was read. The Right Honourable William Pitt, Efq; one of his Majefty*s Principal Secretaries of State be- ing fworn, and queftioned touching his Majefly's In- ftrudions to Lieutenant General Sir John Mordaunt relative to the faid Expedition, faid. That he had the Honour of receiving fuch Inftrudlions from his Majefty under his Royal Sign Manual, which he gave to Mr. JVood his under Secretary, in order to his delivering them to Sir John Mordaunt. A Paper, purporting to be a Letter, dated Lon- don, July the 15th 1757, from Captain (now Lieu- tenant Colonel) Ckrky was fhewn to Mr. Secretary Pitti and he being defired to inform the Court, whe- ther he knew the faid Letter to have been at any Time communicated to Sir John Mordaunt, anfwered, That the fame is the original Letter, which was de- livered to him by Sir John (now Lord) Lipnier, and produced by him before the Lords of the Cabinet, «nd that the Matter of this Letter afterwards 'made the Subjed of two Night's Converfation •, Sir John Mordaunt and Major General Conway examining, and almoft crofs examinir^ Mr. Clerk concerning every .,-., \ ';• ' * ' ' .- > ■ _-'■'■ 'Matter * i i f'on, wno C 9 1^ '.\ •; Matter contained therein, and a great deal more, that the Letter led to. Another Paper, purporting to be a Minute, taken in Arlington-jlreet m Augujl 1757, containing an Ex- amination of JofepbJhierry^ a French Pilot, was (hewn to Mr. Secretary P/V/, who was dcfired to inform the Court, whether he remembers fuch Examina- and whether the feveral Perfons were prefcnc,, appear upon the Face of the faid Minute to have been at that Meeting -, to which he anfwcred. That the Meeting being at Lord Holdernejfeh Houfe, his Lordfhip held the Pen, and not he; that the Paper now (hewn him is an exaft Tranfcript of what was reduced into writing, as the Subftance of the Exa- mination of the Pilot, but is by no Means the whole of it i as he underwent a very long and clofe Crofs Exa- mination for two Hours together, throughout which he eftablifhed the Fadls with a Readinefs and Pre- sence of Mind, that few Men in higher Life arc equal to. A Paper entitled Memoirefur la Force a5iuelk de la France, iS les Services, aux quels Elle eft employee dans rAnnee 1757,— and docketted, as received July Meeting at 28th 1757, and communicated, at a Lord Holdernejfe^s Houfe, to the Generals ap- pointed for an Expedition to the Coaft of France^ being alfo (hewn to Mr. Secretary Ptit, he was defired to fpeak to the Authenticity of that paper,, and as to its having been communicated to Sir John Mordaunt : — He thereupon informed the Court, that the Paper came through Lord HolderneJ[e'*% Department, and was introduced by his Lordlhip at a Meeting, where Sir John Mordauni and Major Ge- nera] Conway vitxe. prefent. It was a Paper, on which much Reliance was had by the King's Servan'-s, as coming from one of their mod confidential Corre- fpondents, and was then produced as a Piece of In- telligence, to which they gave much Credit ; and a Tubfequent Proof of its Authenticity js, that Advice has fiqcf been received of the Court oi Fiance having ^Wiiitl'X been <6 4( [ l^ 1 been obliged, upon the- Alarm bf ing takeiti to ra^ch' her Horle and Foot Guards from P^is. He addcd^ that he remembers "ine, or both of' thofe Gentlemen, ^f-wrs. 3ir yobfr Mordaunt and Major General Conway^} 'lofe up, and looked at the PapcB m(arc th«» emce, dnd with Pen and Ink noted down fevrraP Fa6ts from- it, and a good deal of Timie was engaged' in LSf- courfe upon the Subjeft. Mr. Secretary Fkt betng afkcd, whether Copies of either of the three laft memroned Papers were de- livered to Sir John Mordaunt? Anfwered, he cannot recoHed, whether Copies of them were put into his Hands 5 from his Memory, he rather thinks not. '* Two other Papers, the one purporting to be Minutes of a Council of War held on Board the Neptune the 25th of Septem^ ^757 " and the other, " Minutes of a Council of War held on *« Board tht RantiHes 28th September if^jy*^ were ihewn to Mr Pi//, who informed the Court, that thefe two Papers were delivered to him by Sir John Merdaant in the firft Vifit, as he thinks, after his Re- turn ; being to the fame EflFcft, as thofe before tranf- mitted to him by Sir Edward Hawke. Mr. Secretary Pitt being aflced, by Sir John Mor- daunfs Defire, whether he. Sir John Mordaunt^ did crofs examine either Lieutenant Colonel Clerk^ or the Pilot ? ' Anfwcrcd, At this Diftance of Time, and, as he then had no Thoughts of being examined on this difagreeable Occafion, he cannot take upon himfelf poficivcly to fay, by whom in particular the Queftions were afked ; but he knows a thorough Crofs Exami- nation Was made by fome Military Gentlemen, — — he cannot fay pofitively by Sir John, — in order to get at the Certainty, particularly as to the State of Rocbefort, ' ' .-, ; .:; .^ .^.j ^ -u Being aOcfed alfo. Whether the Pilot mentioned at the Council, that the taking of Fort Fouras by a Ship was pradicablc ? A'''*7ered, ■i •'4 fi to m*rch He added, Sentlcmen, ra4 Conway)- th«ft e>ftce, Fi6ts from led' t» Dif- r Copies of s were de- ler Copies s Memory, mg to be I Board the ," and the w held on 57/* were ^ourt, that )y Sir Jcbn Mr his Re- jfbre tranf- y&hn Mor- daunfi did ?rkf or the tid, as he i on this 3n himfelf Qucftions Exami- jen, — — order to State of Itioned at \ras by a '■•/ered, 1 .4 ' A'ftfwci*^ W>^ tW&Effcift, — That he remembers th^ t'siltittg of Fort J^rtlT/fif by Sea wa» mentioned -, but ^i Re w^t «w*f from the Mieeting with this Im- MdTfon, tlVa« nothing was- clear alboiit the taking of »ti^ na4(* by ^etf, h&trijte ^Aix\ ht^ foond- no An- ^m^ th^ 1(J^ hfrt^ t)i>' beHeve, that a Sftip coti'W lye ^ li^af' «h6ogh' to Pturas to b-atter the Fort ; he ■ A Cot^V of In(lpM'flf»ns was^ thcrt read, being fird ^#oV^ bri QdjCti by J2<»i9^;^/ ^(?tf^, Efq-, to be a true G^y 6f the InftfuflliOnsv which he! received frOm Mf. SWriiJiarf P///, under the Sign Manual ; and t^McK he afterward* deli'^^ered to Str John- Mor daunt j who read them in his Prefence, 'viz, . .^ ; * GEORGE R. ' ' ' « Secret Inftrodion^ for our trufty and well- * beloved Sir John Mordaunty Knight of the * Bathi Lieutenant General of our Forces, whom » we baV2 appoirited Gene*ai and Commander * iff Chief (k all and fingiJla? oat' Troops and ' Lami Forces appointed or to be appointed for « a fecret Expedition for our Service, or for * fuch other GfBcery on whom the Command * in chief of our faid Troops and Land Forces * rway devolve. Given at our Court at Ken- * fingtdn the 5th Day oi Au^ufii fjsly i" ^^^ s..' • Thirty-fifft Year ot Our Reign. • • J ' • Having by Our Commiffioii, bearing Date the ' third Day of this Inftant appointed You to be Ge- * neral and Commander in Chief of all and fingu- ' gular Our Fofces appointed or to be appointed ' for a fecret Expedition : For your better Difcharge * of the great and important Tfuft thereby repofcd * in yoti, W^ have judged it proper to give you the * f(611owing Inftruftions. ' L You Ihali immediately, upon the Receipt Of * thefe Our Inftrudtiotis* repair to the IQe of IVight^ * Inhere Wfc have appointed Ships to convey You ^ and the Forces urJer your Command to the Coafts ' of #. ■ . .- it* vt 1-; 2 ill- m Jul; III' € C * < C ( C C « « C < #J •u of />■«»« 5 and fo ibon ?, 1. r -j „ embarked, You IhaH^acco Jn± ^°''"' *»"' >>< Lofi of Time, under Con^^/'™""^ *«'«>ut our Ships of WarrcomSanded hi " ^-J^^dron of well beloved Sir EdZ^dffli^ T!' "■"% »nd BMh, Admiralof the aue^Tt* ^"'^^^ °( 'he wiiom we have appofnted ri^^"^""^? "^ °»'- F'eet. Our Ships to be em^po^ hS'^'''/!^'^'^^ "f 6id Admiral, or the r^l J^ Expedit on s fh. '"id Ships for\h:TrmeS"t'"^'l'f<'fO"r B-^nr^i^.^p^S;^,^-«'"ed;^^Sii we are engaged agaK"irI-'"'l^" i" which utmoft Vigour; afdTt beineS ^'"S.'""' ""= of urgent Neceffity to mSK l^ "?^*«' ^"d may caufe a Divcrfion ^7a ^"P^^'ion, that 7p!oy in their "wndefecr^fSO the Enemy to of the,r Forces, deftined^n' i T'^''""'''' Part 'he Liberties of ,'he Emp re and?; u""^ °PP''<'' dependency of Mur^^eT^d if n i^M^'" **'' '"- fome effeftual Impreffion on rh. if °'^''''* '""■"alee d'fturbingand (h^UnTihT cttTl' ■''^'''^ ^y i-0?ns, impairing the Stren^ h S^',''"'' P"hlick their Navy, as well !. ?r^ ""' Refources of fruftratiog^; da^ge ^us a^S"r^' 'A" '" P^« of War „,ay reflealuft e "^ ™"' °P"«*°n' Lfe and Strength to th^^^ ^'■""' ^"d »dd *l>ereas we are%erruaded T"'°" ^''^'^ And Prefent Situation '^oAffl t" ^^'"8, in the eircntuliy annoy and diftreA ?" "^ '>«'''')' «•><» f"i Hnterprize Lafnfl X^f /""'"' "' » ft'Ws- P'^f-ure i Thaf you d1 Itf '■'•■ '^"^ W"' *nd be found praflicable! a DeS„ ?'' '■ '^ "' """^ under your Command on th, a' *"'' 'he Forces near i?..fo/,,,, i" ordW to /ttacT'-f'^"*'!: '">' ' Vigorous ImpreUr&^K:^^ C « ( ( ( <. ( c c c ( « < < « c f « c « < and and >rces/JiaIi*be ceed without Squadron of Jr trufty and ^^ght of the )f our Fieet, in Chief of ^itionj the nief of Our iftruded to nci amftiqg fnltru^ftions r our Ser- ^ ^"^ od-. with the »r in which J with the fdient and if^n", that Enemy to •able Part i opprefs n the In- to' make «fhfch by ■ publick urces of I in part •erations and add ! : And in the i'y and fuccefs- iil ^nd is ihajl Forces 4tor icablc, i^lace ; ' and ; that fell be foufdX"; ttett fuel '" W • forts, as you (hall iudee mnft ^ f*" °'''" Ef- ' the Enemy. ^ ^^ """^ P^P*"- for annoyina • hi"; k^^ltof'S. Zf'f'^' *"" eithel ; ftance. ofourFoce'ndFeetZw'"^"',f?^^"'"- of Succefs. ftill admit of Si; n' «'"'' P'-ofpeft • are next to confider Port /'A " °P"«'°ns ; you : - the moft importan^oJeanf o' ^"^''"'-' ' the Coaft of Fr^„,,, And Om- w?"^™"' "" ' accordingly is, Tliat you 1 n 'i' ^"dPleafure ' to anAttemp on bo?h „° ??"'!' '"wceffively. ; « fhall be judgV 'ta^cabt "°^'''°'"'' P'""' Place, that 411% ,&^^^' °f on any other fr^«' ''omewardrto°te'*f^'^'''''e. from ; and fpread with as much R?,^ J- ' °"^^' '° «"/ but that after demote anZeft°'^'"'°" "-"^"f ' may be. all Works, Defenl tr^^'"^' '' ^'' " ,nals Shipping, and Nav l s";« "^'^i""' ^^ft" facceffively, on the ulterior On?;J°"''°.P''^«^a. " ped.tion, accordinaac"'^yP'""°''softhisEx- ; ='d''j[eable,andm"ybepell'^'"' ^" ^^ Judged Troops under your Command fi."™. ""'' the ; /W at, or about, as n^,, ' ^' '° ^^ '" E"^- , Forces and Fleet fl.all necefli ;7 "'""= °f Our turn (ooner: And you are .„r ''5''"^'= "-^'t Re- ^^r/>«^, „, fuchCher of 0„ 'p'' '''= ^^^P^ at g^ncy of th. Cafe ma Xgeft '^°™' '' '''^'■"' , "• Whereas it is ncceffi™ i-i, ««ons you Ihould ha^f^h^'l^r oTato^." • ^ * cij ■«,. ti !ii C «4] * q\\ t>f War ; We .have thougk fit ,to appoint ,ilioh * 4 Council, Awhich ihall confjft pf four of OprJPrin- * cipal Land Officers, and of an equal Kumbcr of * Our principal Sea Commanders, incJu4iqg the Cpm- * manders in Chief of Our Land and Sea JForccjS((ex- * cept in Cafes happening at Lan4» rcJating tp the * carrying on any Military Operations, to .\)e pef- * formed by Our Land Forces on^y, Jp w^ch Qifci * you may call a Council of Wgr, confifting .of ^ich * Officers of Ow Land Forces as you ihall think * proper:) And all fuch Land and Se^.pfjoers, in * the feveral Cafes before- mentioned, are hcrebfy re- * fpedively direded, from Tinwi.to Time, to beaid- * ing and alTifting with their Advice, fo pften r's they ' (hall be called together by you, or by the Com- ' mander in Chief of our Squadron for that Purpofe : * And in all fuch Councils of War, when aflembled, * the Niojority of Voices fhajl determine theRefo- * lutions thereof \ and in Cafe tiie Voices (hall hap- * pen to be equal, the Prefident ihall have ;hc caft- * jng Vote. VI. ' And whereas the Sucocfs, of this, Expedition * will very much depend upon an entire good Un- * derftanding between Our Land and Sea-Oificcrsj * We do hereby llri£tly enjoin and require you, on * your Part, to majntain and cultivate fuch good. Un- * derftanding and Agreement, and to order, that the * Soldiers under your Command, /hould ixi^ the * Ships where there (hall be Occafion for , them, aad * when they can be fpared from the ,Land Service ; * as the Commander in Chief of our Sqiyiflrpin is - « inflruded, on his Part, to entertain smd cultivate * the fame good Underftanding and Agreement, ^and ' to order the Sailors and Marines, and alfothe * Soldiers ferving as Part of the Complements of Our ; * Ships, to aflift Our Land Forces, if judged expe- * dient, by taking Poft on Shore v manning Bat- * tericsj covering the Boats •, fecuring theTafc reim- * barkatior of the Troops •, and fuch other Services * at Land, as may be cpftfiftent with the S^ty of * Our ai^pint ,(uoh of Opr jPrin- 1 Ku ruber of liqgthcCom- a f orcqj((ex- ij^ing to the i, to .|3|e per- W^ch Qafei Ving ,of 4>ch i ihajl think ji.PfBoers, in re hcret^y re- ie, to be aid- pften r'sthey by the Com- that Purpofe : en afietxibled, ine the Refo- :es (hall hap- ive ;he caft- s, Expedition re good Un- SeaOificers) uire you, on hgood.yn- er, that the lid miui the , them» aiad I Service ; LU^ro,n is d cultivate ment, .and d alfothe nts of Our ged expe- ning Bat- fafc reim- r Services Safety of * Our < « < < s c « f *5 3 he ^211 Hdc .dicedled to communicate thofe, he ifhall receive, toiyou. « Vil. You/fliall, from Time to Time, and as you •ihali have Qpiportunity, fend conftant Accouncs of your Proceedings, in the Execution of thcfe Our Inftruftions, to one of Our principal Secretaries of State J from whom you will receive fuch farther Dnders and Direiaions, as We mufy think proper to give you* ^/I'inTmr-, "' H* i/ Wight, nth ^«^«/? 1757, ten at Night (proved upon Oath to have "been received by Mr. IVood^ and doclcetted by Mr. Rivers^ and) admitted by Sir John Mordaunt^ 'Uiz, '■ '!.■>. Sir, ■m X Being honoured with his Majefty*s Command to ' correfpond with you, I think it my Duty to ac- * quaint you, that on my Arrival here on Monday * laft, I was difappointed in finding none of the Tranf- * ports were come round, and more fo in that I jhavc * not yet been able to hear any pofitive Account of * them : I have however employed this Interval in * giving fuch Orders, as I thought neceflary to have J « the Troops here in Readinefs for their Embarkation i ?* at a Moment's Warning. ' Having, on the Perufal of my Commiflion, fome - * Doubt, how far I am im powered to carry the Sen- ^ tences of Courts Martial in Capital Cafes into Exe- ?«* cutioft, during my abode within his Majcfty's Do- ' minions, I fhould be glad, as foon as may be, to * know what is his Majefty*s Intention on that Head, * as there are now many Deferters with us ordered : * for immediate Trial. ' * I muft alfo beg Leave to trouble you further, * on a Matter which occurs to me relative to the Ser- ' vice I am going upon ; which is, that having * fince my An ival here converfed with Sir Edward * Hawke and Vice Admiral Knowles, who both * feem of Opinion, that it is poffible, from the * Nature of the Navigation to Rochefort, the Fleet « may be detained even in Sight of the Coaft of * France for a Week or ten Days, without be- « ing able to get into the Road, or off the Ifle ' D'AiXi during which Time an Alarm will ne- <'^^ * ccllkrily itrbdufloiy Receipt cff r. Secretary ' 1757* ten len received ^ivers^ and) Command to luty to ae- on Monday FtheTranf- that I ^ave Account of Interval in fary to have mbarkation iifTion, Tome ry the Sen- s into Exe- ijefty's Do- may be, to that Head, us ordered ou further, to the Ser- lat having )ir Edward who both from the the Fleet : Coaft of hout be- the Ifle will ne- ccllkrily ,«*< t.73 cfcflfarily be given in thofe Parts ; this CohjuriC- ture and Situation, if it fhould happen, appears t<) me fo very delicate, and equally to the other Gc* ncral Officers on the Expedition, who may, by Ac- cident to the firft in Command, come to be unde^ the fame Difficulty (the Succefi: ^f our Undertak- ing depending, as I apprehend, on the Suddcnneis of its Execution) that I (hould bt glad, if it is thought proper, to have a Direction, how I am to a6t in ihat Cafe. ' I fend ihis by an Officer, who will take Care to deliver it fafeiy. I am, i^c, . J. Mordaunt* R\ght Hon. PFilliamPiU, . ■' ; Secretary of State. . .,, y ^ A true Copy of a Letter from Mr. Secretary Pitt to Sir John Mcrdatinl, dated IVhitehall^ 13th /f«- gufti 1757 (proved by Mr. JVood) 'viz. *' Sir, * I immediately laid your Letter of the nth Inll. aC * Night before the King j and am commanded hy his « Majefty to let you know, that his Royal Intentions ' are, that you fhould, by Virtue of your Compiif- * fion, carry the Sentences of Courts Martial in ca- * pital Cafes into Execution, during your Abode ' within his Majefty*s Dominions, fo long as the ' Troops under your Command Ihall continue undef ' their prefent Deftination, according to the King's * Orders and Inftrudtions. ' With regard to the fuppofcd Cafe, as ftated in * your Letter, and arifing from Converfation had ' with Sir Edward Hawke and Vice- Admiral Knowks^ * namely, that it is ppffible the Fleet may be de- ' rained in Sight of the Coaft of France for a Week * or ten Days, without being able to get into the * Road of Rochtjorty or off the Ifle of Aix^ during ' which Time an Alarm will necefTarily be given ia * thofe Parts-, in ,.hich Cafe you exprefs a Dell re, * if th'iught proper, to have a particular Direftion, * }ipw to ^iX. : I am commanded thereupon by the i . ' B King, aaoBi King, to fignify to you his Majefty's Pleafurc, that you, or fuch other Officer, on whom the Command may devolve, do, in conformity to the Latitude given by his Majefty's Inftruftions, judge of the Praftlcability of the Service, on the Spot, according as contingent Events, and particular Circumftances may require : The King judging it highly prejudi- cial CO the Good of his Service to give particular Orders and Diredions ^ith Regard topoifible con- tingent Cafes, that may arife. I am, C*ff. Sir John Mordaunt, W, Pitt: i-! A Letter from Sir John Mordaunt to Mr. Secretary Pitt^ dated Head-Quarters, Newport ^ 20th An- gujt 1757 (the Receipt thereof being proved by • Mr. IVoQdy and admitted by Sir John Mordaunt) VIZ, •Sir, » I have the Honour of your Commands, dated y^uguft 1 3th, and you (nay depend upon it, that his Majefty's Orders fliall be moft punftually obferved. *■ Mr. Thames, who has long been, and now is, Agent for the Tranfports, came here the 1 7tb from Portfrouth i he faid, he came over on Purpofe from thinking it his Duty to inform me, the Tranfports were not fufficient for the Number of Troops ; I own his Converfation much puzzled me, as I knew our Expedition Ihould meet with no Delay on one Hand, and that the Prefervation of ihe Soldiers Healths ought, on the other, to be thought on. At length I recoHefted two of the Commiffioners of the Admiralty were at Pcrtfmoiith^ to whom I fent a Letter, a Copy of which I now inclofe to you: Though I have fince heard nothing from the Com- miflioners, or Mr. Thames^ I thought it my Duty to mention this Circumftance to you, being informed laft Night, by a Letter from Sir Edward Uawke^ '■■;u^ " . ] '•;,;; ■■■,'%. >>'■..-'■■ * ihat >/• fure, that i^ommand Latitude gc of the according Limftances r prejudi- ^articular fible con- \ Pitt: Secretary 20th Au- proved by 4ordaunt) ds, dated ;, that his obferved. now is, 7tb from )ofe from ranfports Troops i ime, as I Delay on : Soldiers on. At rs of the I fent a to you : he Com- Duty to nfcrmed i Uawke^ * ihac [19] • that an Exprefs is fent to the Navy Board upon this • Occafion. « The Troops are in great Spirits, and wait impa- * tienitly for the Trahfports. • I am, ^c. * Right Hon. H^m. Pitt, his J, Mordaunt: « Majefty's principal Se- ^ . • cretary of State.* , Copy of a Letter from Sir John Mordaunt to Thomas Orby Hunter and Gilbert Eliott, Efqrs. Lords Com- miffioners of the Admiralty, at Portfmouthy dated Head -Quarters, Newport lyih Auguji, ly^j^Wed^ nefday Night (being inclofed in the lail mentioned Letter to Mr. Pitt., anii as fuch defired to be read ^ by Sir John MordAunt^ though not infifted upon as ,j material to the prefent Queftion) viz. \ * „ "* * G,E NTLEM E M, ' * Mr. 'Thames, Agent for the Tranfports, has jud • been with us, and fays, he thinks it his Duty to * mention, that the Tranfports are not fufficicnt to * carry the Number of Troops. ' We fend Jiim with tkis Letter, that he may e3t- ' plain his Reafons for the Opinion he gives, and, • if you find them fatisfa<5tory, we flatter ourfelves ' fome Method may be found, without occafioningDc- ' lay, to redrefs the Grievance. 1 ■ .•■rfi^>^\m^, fl ;■ ' I am, Gentlemen, ^c. ^ (Signed) J. Mordaunt^ ' To Thomas Orhy Hunter and ^ti :-^r} f!^^ ^Uia > * Gilbert Eliott, Efqrs. Lords :: '" .' "' ^', • Commiffioners of the Ad* . . . , V ' ; [^ * miralty> 3.t Port/mouth.* • " ; V "^ A Letter from Mr. Secretary Pitt to Sir John Mor* daunt, dated tVhitehall, 5th Sept. 1757, ^^""^ jj o*CIock in tie Afternoon (the like being at the ? fame Time Wrote to Sir Edward Hawke, mutatis _ mutandis, ^vQVQdhy Mr. tf^ccd) viz. .,/u^, .. . :-^ •; B 2 • ^ * s iR, -.J Sir, t 20 1 * The Wind having been fair for the Tranfports going to Spitheady ever fince Friday Morning, I am to acquaint you, that his Majeily experts, with Im- patience, to hear, that the Troops are embarked ; but, if by any Delay the Embarkation (hould not be compleatea, vrhen this Letter reaches you, I am to fignify to you the King's Pleafure, that the mod particular Diligence be employed in getting the Troops on Board, and proceeding, without the Lofs of a M«ment, to the Execution of your Or- ders and Inftructions with regard to the Expedi- tion under your Care. * His Majeily being informed, that ten Battalions under the Orders of Sir John Ugom'er, were all compleatly embarked at IVilliatnftadt within the Courfe of the twenty four Hours, in which they arrived at that Place, the King expefls to hear, by the Return of this Meffenger, that the Fleet with the Troops under your Command on board have proceedeci to Sea, in cafe the Wind permits, agree • Orders and Inftrudions. your' i,. < A Paragraph of a Letter from Sir John Mordamit to Mr. Secretary Pitt, dated Ramilies, Rade de ' Bafqv.e, 30th September 1 757, acknowledging the Receipt of the laft mentioned Letter (the Receipt being proved by Mr. JVood, and admitted by Sir John Mordaunt) viz. ■■-. - -■ . . - - . ' . , • ! Jr • Laft Thurfday I* had the Honour of yours of the * 15th Inftant, and am pleafed with thinking, that * before the Receipt of it we had judged right in * refolving to attack Vljle D'Aix, tho' it could not * polTibly be dope, without breaking in fome Mea- * fure into his Majefty's Orders in regard 10 the * Time of our returning to England* '<" . Three of the. Papers above-mentioned (as contain- ing Intelligence proved by Mr. Secretary Pitt to have been communicated to Sir John Mordaunt at fev^^nl Meet- [ 23 ] Meetings, before he went upon tU Expedition) were , then read, viz. , I. A Letter from Captain, now Lieutenant- Colonel* Cierk to Sir John Ligonier, dated, Undorfy July 15th 1757- . . '^' ,. „ • Sir, ' * ' " * You have dcfircd me to put down in writing, what * I mentioned to your Excellency in regard of Rocbefort, '•« In returning from Gi^4//tfr in 1754, I went along * Part of the weftern Coall of France to fee the Con- * ditions of fome of their Fortifications of their Pla- * ces of Importance, on purpofe to judge, if an ' Attempt could be made with a Probability of Suc- » ccfs, in cafe of a Rupture, and of the French * drawing away their Troops to Flanders, Italy, and « Germany, in the fame Manner as they did in the « laft War. I had heard ihdxRochefort, tho* a Place « of the utmoft Importance, had been very much ' neglefted. I went there, and waited upon the Go- •' vernor in my Regimentals, told him, that I was ' upon my Way to England from Gibraltar, and that * I came on purpofe to fee the Place, the Dock, and * the Men of War. He was very polite j I was ' Ihewed every Thing, went on board ten Ships of ' the Line new built, and an Engineer attended me * in going round the Place. „,[, ' I was furprifed to find, that tho* ther6 was a * good Rampart with a Revetement, the greateft Fart * of it was not flank*d but with Redans ; that there * were no Out- Works, no Covert- Way, and in ma- * ny Places no Ditch, fo that the Bottom of the ' Wall was feen at a Diftance ; that in other Places, ' where the Earth had been taken out to form the * Rampart, there was left about them a good Height * of Ground, which was a Difadvantage^to the Place ; ' that for above the Length of a Front there was no * Rampart, or even Intrcnchment, but as the Ground * was low and marfty at that Place, being next the * Kiver, there were fome fmall Ditches, which were IB dry [ 24 ] ^ dry however at lo^ Water, yet the Bottom remain - * cd muddy and flimy. ' Towards the River, there was no Rampart, no * Parapet, no Batteries on either Side. Towards the f Land-fide, there was fome high Ground very nigh * the Place, perhaps at the Diftance of .about 150 or * 200 Yards. , .> ^ ' The Engineer told me, that the Place had re- ? mained in that Condition for above 70 or 80 Years, ' I got no PJan of the Place, and put nothing * down in writing, for I round that the whole Town « had been talking of me, and thought it very extra- * ordinary, that I (hould be allowed to go about and ' fee every Thing. -. ' i .^:„..j& .. 'I burnt even fome Sketches and Remarks I had by * me upon other Places, that they might have no ^ Hold of mc, in cafe they fearched my Baggage ; * and therefore could only expofe themfelves, as I * had done nothing, but what w4s open, above board, ^ and with Permiffion. ^However, as to Utility, I was as much fatisfied, f as if 1 had got a t'lan. In regard ot the Profil in- ' deed, I have thought fince, that it would not have * been amifs, if I had known for certain the exadb * Heighr of the Rampart : I think that it could not * well exceed 25 Feet. In M ar tinier e^s Geographical * Dikionary it is called only 20 Feet high. Perhaps f the Parapei: is not included. ^ I told your Excellenc-', that I had never ktix * 9,ny Plan of the Place -, but as there had been no ^ Alteration in the Works for fp many Years, I made ^ np Queftiop, but that fome old Plan of it might ? be found, which would cprrefpond exadly with f what I faid. In the Forces de V Europe, which I f have, there is rio Plan of Rochefort, but I found f ope in the Duke of Argyle\ Fdition, which I bor- f rowed and fhewed to your Excellency. It agrees f ex^^ly with what I faid, and with the Sketch I ! ^r?yy of it before you froq my Memory, except ■■f> t ft « c c C ( ( < c ( [ 45 ] - ■ that a regular Ditch is reprefented every where, which is not the Cafe. ' The River may be about 1 30 Yards broad. The Entrance is defended by two or three fmall Re- doubts, which I did not fee, nor could I venture even to go down, and examine the Coafl. * What 1 mentioned to your Excellency of the Method of infulting the Place, confidering it upon the Footing of an immediate Affault, 1 have not put down ; for tho* it may be reafoned upon in a general View, yet many Things can only be fixed and determined immediately upon the Spot. I was told, that there are never any Troops at Rochefort^ but the Marines. There might be about 1000 at that Time. * By the Expedition to Port VOrient in 1 746, it appeared to me, that the Country People in Arms are very little better than our own, and that an Dhu-er, who poflefles himfelf, might mach fafely from one End of a Province to another with only five Companies of Grenadiers, where there are no regular Troops. They imagine at firft they can fight, and their Intentions arc good, till it comes to the Point, when every Body gives Way, almoft before the firing of a Platoon. * In writing this I have obeyed with Pleafure, as I have always done, your Excellency's Commands. * I am, (^p. Robert Clerk,* > Xo Sir John Ligonier. .'ii- iY,v/" II. rmfi'^> [26] il^n^V-it-r-*^ II. A TRANSLA- TION of the Paper, intituled " Mcmoire •♦ fur. la Force aduelle *' de la France, et les •' Services, auxquels •* El!e eft employee *• dans L* Anne 1757,** (the fame being pro- ved by Mr. fVeod to be a faithful Tranflation, and the Origina^ being at the fame Time laid before the Court for their Satisfadion.) viz. s?. ,, .■ \> '»»■•■ ,---*« : i '■v;;?i'' , ■^i. 1 ','1 '1 " :**Vi..:- '; "; '''■•• '''^♦* f:%'*^y^^' ' ::: ■ i- ■ ik-^ ,'\ v...; ■ J! '> -. 3j:'« rfJWO MEMORIAL * Of the adual Force of • * France by Land^ ^.''d ^'^ * the Services on which ^' * it is employed in the * Year 1757, * fTp HE French Army, * J_ ^t the Beginning * of the prefent Troubles, * confiftedonlyof 157,347 ' Men, not including the * M ilitia and the Invalids. « It was compofed in the ^ following Manner, French M E MO 1 K E Sur h Force aSufille de la Fnnce par Terrey etles Services auxquels elle eft empkyee dans /* annee ^757- L^Armee Fran^oife, an Commencement des Troubles prefenies, ne con- Jiftoit qu'en \Sl->ZM Hommes, non comprife la Milice et les Invalides. Elle etoit compofee de la Maniere fuivante -, ' . In- 7 v. 1. ~ * French Foot 98,330 • Artillery 4,100 * Foreign Foot 25.589 :-'«{' t * * King's Houfd. Horfe 3,210 V French ^orfe , 14.520 * Foreign Horfif 960 ■ J' • Dragoons 7,080 ■ •■>*--. -.t> * Huflars . 800 .H»V' - ' * light Troops 2,158 r R E telle de la 're, etles r/j elk eji / anme foife, au nent des > ne con- mprife la des. Elle Maniere \ In- r 27 T 98,330 I Infamerie Francoife Artillerie Infanterie Etrangere Maifon du Roy, Caval. Cavalerie Francoife Cavalerie Etrangere Dragons Huflars Troupes Legeres, 98*330 4,100 25,589 3,210 14,520 960 7,680 800 2,158 ..; » 57.347 « In the Month of Au- g^fi 1755* anAugmen- tion was made of four Companies of 45 Men each, in every Battalion of the King's Regiment, and of four Companies of 40 Men each, in eve- ry common Battalion of French Foot,which made in all 29,620 Men. ' About the fame Time an Augmentation was made in the Dragoons, which made up every Regiment four Squa- drons of 640 Men, ma- king in all 2560 Men. ' In the Month of De- cemhery of the fame Year 1 y^St ^" Augmentation was alfo made in the Horfe of 10 Men a Company, in alL556o Men. *The Royal Volunteers zxi^Fifcberh Corps were alfo augmented ; we da not know exadliy to what Number ; but, ac- cording '57.347 Au Mots d'Aout 1 7 5 5 anfitutne Augmentation de 4 Compagnies de ^5 Hont' mes chacune dans chaque Bataillon du Regiment du Roy, et de 4 Compagnies de 40 Hommes chacune, dans chaque Bataillon ordinaire de V Infanterie Francoife : cequifaifoit en tout 29,620 Hommes. Environ le meme 'Terns, une Augmentation fe fit dans les Dragons, qui porta chaque Regiment a 4 Efca- drons de 640 Hommes mon* tant en tout a 2,560 Hommes. Au Mois de Decembre d,e la meme Annie 1755, un^ Aug7nentation fe fit pa- reillement dans la Cavalerie, de 10 Hommes par Com- pagnie, en tout 5,560 Hommes. Les Volontaires Royaux, eo les corps de Fifcher, /«- rent aujft augmentes •, nous ne favons pas au Jufte de combien, mais, felon nas AviSf f 2ff ] I'i'-l cording to our Advices, this Augmentat on came to 680 Men, or tlierea- bouts. Thefe feveral Augmentations amount to 38,42® Men V and confequently, the French Army (without reck yivist cette Augmentation alloit a 6%o HommeSy ou environ, Touies ees differ entes Aug- mentationsmontent a ^S, ^20 Honmes •, et par con/equent r/frmee Franjoife {fans compter la Milice et les In- oning the Militia and the i valides, queje mets au del^ Invalids, which I put at j de 67,000) efi compojie de above 67,oooy is com- pofed of 1 96,000 Men. They have, it is true, raifed two new Regi- ments in the Country of Liege ; but noiwithftan- ding that, their regular Troops are under 200,000 Men,- ' The Iflands of Mi- norca and porjicay with the Colonies in America, take up 25,000 Men at leaft ; they embarked in the Spring, 3, or 4000 Men for different Servi- ces in the two Indies \ Marlhal d* Etree\ Ar- my, if the Regiments were compleat, would amount to 92,(200 Men j Mai^al RubeUeu*s is ^,665 •, a Body of 6 or 7,030 Men muft'allb be reckoned, which they are obliged to keep in Garrifon at7*(i?«/(?»,M(3r- feilleSy Cette, Antibes,?zc. ■ at Hand for that Part of . the Coalt ' Ac- igSjOOo HommeS. lis ont, a la verite, levS da'X Nou- veaux Regiments dans le Pa'is de Liegt* ; mats mal- gre tout ccIj, leurs Troupes reglees font au deffous de deux Cent Milk Hommes. Les Ifles de Minorque. et de Corfe avec les Colonies en Amerique, occupent au Mons 25,000 Hommes ; Us ont fait embarquer, au PrintemSy r, u 4000 Hom- mes pour differens Services dux deux Indes *, l*Armee de Monfieur le Marechal d*Eftrees, ft les Regimens etoient complets^ iroit •• r fr 7oJbH get In- ftion to nm the 10 view fgimcn- ieaj in never fe, and le La- ?'ront" liums brk- wouJd wouI with leering >n the ?.thc or tp with ^am- ithe »es it c be tbe mt roir iay. ■ • "' Thursday, December 15, 1757* THE COURT being met purfuant to Adjournment, Lieutenant Colonel Clerk was again called in, and queftioned, as mention is made in his Evidence of the Hcighth of feme I'art of the Ground, — Whether the Inequality of the Ground at Rochefort is fuch, that any part of the Ditch muft be conftderably above High "Water Mark ? Anfwered^ He conceives, the upper Part is confi- derably higher, than the High-Water Mark j though it is very difficult to judge of the Level of Ground with the Eye. ^ Whether he made any Enqi/iry into the State of Rcchefort^ after their Arrival in ;he Bafque Road, be- fore the 25th of September ? A. On the 24th, he was fent by Sir 'John Mor daunt from the Ramilies^ which was lying in the Road of Bafque, to the Ifle of Aix^ to examine what Prifonera he could find, who had been at Rochefort ) and, at the fame Time to reconnoitre the Point, which runs out from 7^&«r^j ; He went to the Ifland, whtrc he found Captain Hamilton^ Aid de Camp to Major Ge- neral Conway % who told him, that Major General Conway had taken fuch Prifoners, as he found capa- ble of giving any fatisfadtory Account, on Board Ship with him ; upon which, after fpeaking to fomc of ji|e Prifoners, and not receiving any Satisfaction* ^yid^glving himfelf the lefs Trouble, as Major Gene- ral Conway had done that Part already, he went on Board a Ship ', and, after Dinner, a(ked Captain How to go along with him to reconnoitre the Point of Fou* fas •, and propofed to him to go on Shore, which wa» agreed to i They went «tCcordingIy, as did alfb Mr^ Boyd and Mr. Williams \ and after walking a Couple pf Miles over a fpongy Neck of Land, which i^ overflowed at High- Water, they came upon the fo- lid Continent, when he thought it not proper to pro* cccd any farther ♦, left, if they ventured beyond the C a Neck '1 ifi [36 1 Neck of Land, they might be furrounded, or cut off. They faw Four as diitinftly, that is to fay, the Walls ; they could not fee the Fortifications, as they viewed it by Moon- light, and believes, upwards of an EngUJh Mile diftant ; they alfo faw a Fire, like the Flalh of a Pan, about a Mile off, which made him propofe to return on Board Ship : Mr. Boydizxd^ he heard a Fuzee go oflf; but the Deponent cannot fay, he did i'hey heard afterwards, from a Bat- tery or Redoubt, (which is called Fort d*Mguille) a Beating to Arms •, they heard it very diftindly j but he cannot fay at what Diftance. ^ If he can recolledt, how the Wind was at that Time } A. It was perfedlly calm. '-" »' ">- ^ Did he make any Obfervations in that Walk ? A. He don*t remember any thing of Confequencc ) he reported it next Morning to Sir John Mordaunt, ^ Whereabouts he went on Shore ? /f. At the Point of Land called Iflc Denis y it runs out fi om Fort Fouras. ^ Did he land immediately on the Shore ? A. They landed on a Rock, between which Rock and the folid Continent is the fpongy Ground he has fpok,;n of. '' y .p.. . ^ When did he leave Gibraltar? .> ,^^, A. ]n September 1753. ^ As he mentions in his Letter having been at Rocbefirt in the Year 1754 ; Whether he has at any Time in the Interval of three Years, between that and 1757, mentioned the Obfervations he made there! A. He has fpoke of them to one or two Peop;e, who, he believes, may have mentioned them ; and indeed, he fpoke of them with an Intention they Ihould be mentioned. The Letter to Sir John Ligo- flier was wrote by Sir John*s Order, and arofe from fbme Converfation, which had before paffed on the Subjed, Sir John defiring him to put his Obfervations in Wra.ng. , . ,5 ^ Whc- at that WaJk ? uencc J it runs Rock he has en at t any tha •" ''« '^^ «•' to re- AnAvered, That he\as nn, f ^^fore i but went o« bTs.V . 1'"'.°"' «° «connoitre "ther than being fent /hf ■^''*" Afc^<&«»/'s Leave ^uring the Attafk "f the m".' °r/CIock of the 23 J* ^°"a litrle while fer','^^"^^'*'. 'ndcametofhe and got upon the Rampar Zf""^' , «<= Jonded. ^«»r«^ and the Land abon,., ^™'" thwce viewed wh'le as he could and rh " ' '"' %ed as hS the W^„, whi h wa :" K '^T'' i'nn'edia" ly o Defiance from the Ifle of X°''l« " conHderaWe lT,"'f.^^''^' had obfef^d 'toV"?'i ' «°« °f » of ^OT«,, as it appeared tf IT"""''' ''"= ^itUMion what he thoughtio be the Sr ' ?"" '°°k Notice of ^'".ral and the°Genera), whfch h^"" °^'''' '» "-e Id- -s nobody ejfe within hi? ''^ ."""^ '"d"ced to do and tcolc the Liberty of rl .^"°"'^dge had done it' of cohiing near enough Tsh; ^'='' "'o^'d allow veryeai'!^ , ^"> a ihip wou d ha>.f.> :. j " f coming near enough Tshi °^ ^^"=^ would iTow verye,;,,^, or at Jeaft ^'ould W'"^ ^«'" « dow" « upon the Sbip.Th f t ^^ "?^Fire of th^-L" ^' ^"^ ^^ ^ealt wouMTrx > — ^""-^^f "down fafelvT r" ">= SI^P. "hat ,£ ;!=•' ^^« the Fire of lately land round abouJ ;, "I ^^ops might verv Land on the other S,&','-"''" ^^fpokfof ,h^ tLre only. Sir SjJZL "", ^°" "« from Coniec- to embrace the Pr^Zr 1 • ?^^ « '^at Time l^m!f J has been told. thatTS^^' ^Pf^^d of it. tharhe i^« «« Day made the P^n^r , "'^ ""'=' Generals «Sa„'dT°' ">= De'J h>^-- could ver/ we'll "iirais and Generals diH „„. " ' ^"d as the AH ^« fpeaking upon 'h ' ^ ''? " • '° '^''^P™"* of ^'^■"'ord Htwfe, "hat k ^"l" ^^ "* hinted to Sr ■C-nemy s Attention, whir^h u ^'"'>'"'> to divide the ^""> '^e menrjons. this t'f [41 J this particularly, as Sir Edward had To far agreed to it, that he fent both for the Pilot and the Bomb- ketches up from the Ifle of Aix that Night, as he be- lieves, the Deponent having fuggefted to him his Opinion, that there was not a Moment's Time to be loft.— -The next Morning the Deponent, not having been able himfelf to fee the Ground on the other Side Fouras^ fpui%.e to the Pilot, and afked him fome Queftions concerning that Ground, particularly, whether a Body of Men, being conveyed in Boats or Cutters, could be landed during the fuppofed Attack by Sea, between Fouras and Jb ort la Pointe, fo as to cut off the Communication from Rochefort, The Pi- lot feemed clearly to underftand his Notion of the Attack, and nf ' --ding at the fame Time on both Sides>lhe For' lold the Deponent he could, or believed he could, (he cannot fay pofitively which) take the Magnanime up to batter the Fort •, as alfo, that the landing between Fouras and la Pointe was very practicable, fuppofing the Fort to be attacked, as propofed, at the fame Time. Being aiked, at the Defire of Sir John Mordaunty whether, on the Evening of the 23d, Sir Edward Hawke did not tell him, that he intended the next Morning to fend up a Ship to batter Fouras ? Anfwered, He underftood Sir Edward Hawke'i intentions to be fuch. Afked, (by the Court f . '!'?t Number of Men he apprehends could have vXi. .2 Ir, Jed in the Boats ? Anfwered, In all the Buric^ of the Fleet he con- ceives 22 or 23 Hundred Men -, he means. Infantry. Afked, (by Defire of Sir John Mor daunt) What Number of Troops, under a good Officer, might have been fufficient to prevent their Landing in Cha" telailkn Bay out of ^.oats ? Anfwered, This is >nly Matter of Opinion, and- depends intirely on tl .- » ^oodnefs of the Officer •, but according to his Notiun», he Ihould imagine a thou- fand regular good Foot, and two or three hundred : ; . . . : t . Horfc, X. |] [4»J Hoifc^ exclufive of Artillery, would make it "vtrf difficult for 22 or 23 Hundred Men to land there. Alked, (by the Court) when the Men were in the Boats, how far had they to row 10 Land ? '■^- «'"^/' Anfwered, The Tranfports were anchored at dif- ferent Didances ; they were* one with another, about four or five Miles from the Shore. Alked, in what Boats theMen wefe intended to be landed ? Anfwered, In the Long boats of the Men of War and Tranfports, which muft have been towed by the Row-boats and Pinnaces, as the Wind was ofFShore, en the 2S tb. When the Wir^^ was fair, he believei it might be poflible to fet S.. ' ■ » the Purpofe of landing. — The Tranfports had eac f them a Long- boat, and molt of them two or three rowing Boats. Aflced, How near he was at any Time to Fort Fturasf Anfwered,. The nearcft Diftance he ever was to Fort Fouras was on the Donjeon dt the Ille of Aix^ which is about five Miles from the Fort, as he judges. i' :ic lu ui. -^ ■n.^cv Alked, How near the Sand Hills were tO the Water? Anfwered, They feemed to be pretty near at HigK Water ; they are, as they fay, about Fifty Yards from High- Water Mark. Alked, At what Diftance the landing could be made from the Six Pieces of Artillery mentioned in his Evidence? tn y^ ^ui%. ;^na nc :u , ;Ai:;./.ii.>v Anfwered, That it depends on the navigating of the Boats ; but he conceives it poffible to land intirely out of the Reach of that Artillery. Alked, How does he compute the 22 or 23 hun- dred Men, which he fuppofes could have been landed Utonce? • Anfwered, Sir John Mordaunty by his Orders bn the 28th, had provided, that the Boats Ihould not be too much crowded ; and the Deponent took fomc Pains CO enquire, how many Men had been embark- ed, [ 43 ] cd, *nd how many were intended to be embarked \ and from thence he made this Calculation, but can- not pretend to be exad. ,,.;.# j. „ .. REAR-ADMIRAL THOMAS BRODRICK be- ing fworn, was afked, What Day the Fleet, fent out upon the Expedition, arrived oflFthe Coaft of France f Anfwered, Thinks, the 20th. j - -^ : ir * ^ What Day they got within the BafqUe Road ? - A. The 2 2d or 23d j thinks the 23d j the Attack of the Iflc of yiix was made the fame Day. ^ Whether he was at any Time fent out to recon^ noitre, and make Soundings i A, He was fent out the 23d in the Afternoon by Sir Edward Hawfuy and was upon that Service all Night, and continued upon it, he chinks, till 3 or 4 o'clock the Afternoon following, when he returned, and immediately made his Report to Sir Edward Hawke, A PAPER, purporting to be a Copy of the faid Re- port, being produced and Ihewn to Rear- Admiral Brodrick^ he perufed and confidered the fame, and informed the Court, that he believes it to be an exa£t Copy of the Report made by him to Sir Edward Hawkf, jointly with the three Captains fent with him upon that Service, which was then read in Words following: . i ,. . : . .> ^» -:- - 7 r , •> m MS -1 In Purfuance of an Order from Sir Edward Hawke, * Knight of the Bath, Admiral of the blue Squa- * dron of his Majefty'a Fleet, &c. Dated the 23d * of Sepie/nifer, *7575 WE the under written went and founded the French Shore from Rochelle to Fort Fouras, and find as follows. ;, * From the fouth Point of the Entrance of Rochelle^ (on which Point there are 27 Guns mounted on Bar- bet) to the Point of the Angolin, we find it a rocky Shore, and fteep Clifts, with Shoals near two Miles off i from Angchn to Cbateiaillon, we find a fair, hard, fandy, I « c < c ft « c c c « « c < « c c • [ 44 1 ■ fandy Beach, with a Flat lying off near two Miles, having but three Fathom at High Water at that Dillance, but clear Ground, along which Beach are Sand Hills about Fifty Yards from the Top of High Water. On the Point of Chatelaillon are two Guns on Barbet, which can no Ways annoy the landing of the Troops in the Bays of either Side of it ; and off which Point runs a Riff of Rocks Weft two Miles, which are dry at low Water ; and round the faid Point, about half a Mile to the Eaftward, there is a fmall fandy Bay near half a Mile long, and the Land over the faid Bay rifes with an eafy Afccnt about a Quarter of a Mile to a Church or Convent, with a few Houfes near it j from the fandy Bay, along to a fquare Fort on the fouth Part of the Bay, lies a long flat Mud, which is dry near two Miles at low Water. ' It is our general Opinion, the Tranfports cannot come nearer to either of the forefaid Bays (in order to land Troops) than a Mile and an half, as we found three Fathoms only at that Diftance at High Water. * The fquare Fort on the fouth Side of the Bay wc could only fee two Sides of; the Face to the North- Weft had nine Embrazures, and that to the North- Eaft only two. * Given under our Hands, on board his Majef- * ty's Ship Ramilies in Bafque Roady this 24.th A - « of September^ i y^y, ^ '■' ' ■ '"^ ■' ' - V * ' , '• i-j .viua .- J t « Thomas Brodrick. I .-^v ^it;^l> i<^ « James Douglas. * Pet. Dennis. ^ ;.i:;k 33vm'v:.. « Matt. Buckle.*' '.;»''.; .iV: .1 i. Rear- Admiral Brodrick being afked, as the Report , only mentions Tranfports, how near the Men of War could come to the Shore ? ^^^ ?t> r :Anfwered, In his Opinion, not nearer than Two Miles. *.( s»v; i t >. . .{vA ^ What Miles, at thac h Beach ; Top of ' are two inoy the r Side of ks Weft ;r ; and : to the ir half a Bay rifes file to a near it ; t on the I, which r 5 cannot in order f, as wc at High Bay wc North- North- Majef- lis 24th >DRICK. LAS. -CLE. »> Report 4en of m Two r45] ^ What Sort of landing there was for Boats, m the great Bay of Chatelaillon ? A, It was a fair fandy Bay, hard Ground, and a landing might have been made with Eafe, in his Opinion. ' ' ■ * ...}.• . . , . ,'- ^ Whether he faw any Troops to obftru6t the landing, had it been attempted foon afcei- his Return from the Soundings ? J. When he was founding, le did obferve Troops to the Northward of the Bay of Chatelaillon^ to the bcft of his Judgment, about four or five hundred Foot drawn up on a Hill, J.nd in the Bottom, to the Northward ol the Hill, were about one hundred and fifty Horfe, as near as he could judge. ^ How ' r, according to the beft Information he received, i:u -^e great Bay of Chatelaillon from Roche'- fort? A. It is about 9 Miles, as he was told, from Rocheforty and 9 iVliles from Rochelle; but cannot take upon himfelf to fay, it is fo. ^ (By Defire of Sir John Mordaunt) Could the Men of War have covered the Landing and the Re- treat? A, He don't think they could do cither the one, or the other, ^ Docs he think, feparated as the Fleet then was, confidering the Wind and Tide, (of which Circum- ftances he is the moft proper Judged that all the ne- ceiTary Preparations could have been made, fo as to have efFefted the landing that Night ? A. He does not think, they CQuld. ^. (By the Court) Could he, by the help qf a Glafs, obferve how the Troops were cloath'd, whe- ther in Regimentals, or otherwife ? A, They were at too great a Diftance to difcover that. ^. What Number of Men, in his Opinion, not crowding th.e Bogts, could have been landed to- A. It « ,' What t 46 ] ■ A, It was generally thought, in all the Boats, they could have landed from fifteen toeighteen hundrcdMenj chcy put but ven jf * \ the Boats, that were to tow the Long-bo; 's •, • - ' \':a u only Matter of Opinion ; he cannot pofiibly afct .ain the direft Number. ^. In cafe 1 800 Men were put on board the Boats *, whether he docs not imagine there would be a confi- derable Diftance of Time between the difembarking the firft Men, and the laft of the fame Embarkation? A. He fhould have thought it his Duty to have contrived fo, as that all the Boats fhould have landed together. ^ Suppofing it moderate Weather, (upon the a 5th of September for Inftance, if that was fuch Wea- ther) what would have been the Diftance of Time be- tween the firft and fecond Difembarkation ? A, He cannot pretend to fay •, he never confidcred it in moderate Weather; and as to the 25th q^ Sept em- ier, he cannot particularly recoiled, how the Weather was that Day.— On the Night of the 28th, in which Preparation was made for landing, it would have taken at leaft fix Hours i but not near fo much in good Weather. , ../ ■'.-.. " - ' ■■ - ^;:!i 'ih • ■ ■ .4 THE EVIDENCE in Support of the Charge being refted here. Sir JOZ/iV M)/2J!)/^t;iVr was told it was now Time to make his Defence 5 who inform- ed the Court, that he had caufed fome Thoughts to be put in Writing, which, as he had an Hefi- tation in his Voice, he prayed the Court would permit to be read ; ani the fame were read accord- ingly, as follows, vi%, , - " My Lord, •• His Majefty was pleafed to confer upon me the ♦• Command of the Land-Forces appointed to co- •* operate with a Squadron of Ships of War, com- '• manded by Sir Edward Hawke, to be employed •' upon the late Expedition : The Enterprize proved •• incffeftual Soon after my Return I was fum- *• moned « jEl 4( t( IC ti ft (C s, they :dMenj ; to tow pinion ; r. ; Boats } a confi- barking kation? to have ; landed K}n tho h Wca- imc bc- nfidered 'Sept em- iVcather in which Id have nuch in re being t told it inform- loughts Hefi- would accoid- methe to co- corn- iployed proved IS fum- moned [47] •* tnoned to appear before a Board of General Of* ** ficcrs, whom his Majefty had appointed to enquire «• into the Caules of the Failure of the E'.xpedition. ** I appeared upon the Enquiry, and was con- «* fidcred as a Perfon accufcd, and from whom a De- ♦' fence was expeftcd. ► ** The Enquiry had all the Appearance of a Pub- « lick Trial, except in two Circumftances, — The ** Witneffcs were not examined upon Oath, and I, " who flood ace ufed, was examined ; which Exami* *• nation might, in its Tendency, produce, if the ** Cafe would bear it, a Charge againft myfelf. " I am now called upon in a Court-Martial to an- " fwer to a general Charge of Difobedience of his " Majefty's Orders. No Intimatior was given me, ** to what particular li dances of Difobedience it " would be applied. " I do not complain of thefe Proceedings ; my ** own Cpndud: gives me nothing to apprehend •, and ** his Majefty*s Government is incapable of Oppref- " lion. y ' ' *^ . ' - " I am not fenfible, that any Error, I am furc, no ^* Ad: of Difobedience will be found in my Share of " the Tranfadtion. ♦' I am now accufed of Difobedience of the fecret ** Inftrudions. It is a criminal Difobedience that is " imputed to me, and a criminal Difobedience im- " plies a pofitive Dire6tion. ** It is upon this Ground, that the Profecutor has ^' proceeded ; and in order to make out the Charge, ^* there have been produced certain Papers and Wit- *' neiles, which ought to be confidered in two Lights. " — ift. Some relating to a TranTadtion previous to .*• the Expedition, as Colonel Clerk's Letter, the *' Pilot's Examination, the Paper relating to the " French Forces, and the Evidence of Mr. Secretary *« Pitt, '* Thefe are only introdudory, and the Ground of " the Equipment, and prior to the Inftruftions i and ** therefore although they arc fufficicnt to (hew the • ,v ** Reafons c« cc C( 4( CC «C CC cc cc cc cc cc cc cc cc cc cc cc cc «c «e cc cc cc cc cc ct cc cc cc cc cc [48? Reafons, why the Adminiftration fcnt out the Fleet and Forces, yet fuch Evidence can never be ap- plied to prove a fubfequent Difobedience to pofte- rior Orders ; and that this Reafoning is ju(r, ap- pears from the very Article on which the Charge IS founded. . .• " For notwithftanding the Minifters were pofTefled of all this Evidence, and afted upon it, yet my Inftrudtions were not pofitivc ; but the Operations were exprefsly left to what ^ould be difcovered of the Pradlicability of the Attempt. '' The fecond Sort of Evidence was by fome Wit- nefies to prove. That in Fa6l there was fufficient Ground newly difcovered, after the Fleet got into the Rade de Bafques^ to fhew that the Attempt upon Rocbef or ty mentioned in the Inftruftions, was pradiicable. *' This Sort of Evidence has been carried down to the Morning of the 29th of September, and no later. *' The Evidence under this fecond Head is the only Evidence, that can legally and juftly be ap- plied to prove the Charge againft me. *' That Evidence confilts of Colonel Clerk's Ac- count of a Converfation with a French Engineer upon the 26th of September in the Afternoon, *' Whether the Evidence of this fingle French En- gineer deferved the Weight, which the Profecutor feems to lay on it, will appear very clearly when 1 have opened my Defence, and the Court is fully pofleilcd of all the Fadls relative to this Subjeft. " In the mean Time this may be obferved. That Colonel Clerky the Chief Engineer in the Expe- dition, produced no new Intelligence *till the ayth, altho* he arrived on the 23d, was examined at the Council of War on the 25th, procured this Ac- count on the 26th, and did not communicate it till the 27th. *' Colonel PFolf'*s Evidence is confined altogether to the Obfervations he made upon the 29th in Cqq- C( C( cc cc cc ct cc c« cc c< cc (t cc he Fleet u be ap- 5 pofte- jrf, ap- Charge C( <( joflefled (( yet my ti erations ti ^ered of «( le Wit- cc jfficient <( jot into c« Utempt C( ns, was cc <( [own to and I cannot conclude without obferving to this Court the Singularity of my Cafe. " I ftand before you a Commander in Chief, fent out upon an uncertain contingent Attempt, with a Power in my Inflruftions to judge upon the Cir- cumftances, as they (hall appear. ** His Majefty, befides the Latitude given me, af- figned me a Council of able and experienced Offi- ce cc ■;f ^>'- cc cers ', I, fent nth, a Cir- |e, af- Offi- cers ', «( cc « «c (( « «c cc cc cc cc cc «c [ 6' ] cers ; I aftcd by their Advice ; and though I am charged with Difobediencc of Orders, in every Ar- ticle of that fuppofcd Difobediencc, 1 have the Sandlion of the unanimous Judgment of thofe whom the King appointed to aflTid mine. *« I beg Pardon for having taken up fo muchTime. I have endeavoured to avoid Prolixity, but if I have erred in this rcfpeft, I hope the Situation I ftand in will be my Apology : The Patience and Attention with which this Court'has heard this Trial, and the known Honour and Integrity of e- very Member of it, leave me no Room to doubt, that they will remember throughout, that I am ac- cufed of difobeying Orders, and that they will make a juft Conclufion from the Premifcs that have been laid before them.'* The Rt. Hon. Major General Henry Seymour Conway being fworn as a Witnefs, at Sir John Mordamt*s Defire, and queftioned. Whether he re- colle6ts any Converfation between Mr. Secretary Pitf and him, about Port VOrient and the Inftrudions ? A, He does recoiled a Converfation with Mr. Pitt^ •which he believes was had on the 6th di Augujt^ the fame Day Sir John Mordaunt fet out for the Ifle of Wight : Having heard that the Government had re- ceived fome Intelligence relative to ^ort VOrient, which (hewed that Place not to be in fuch a Con- dition, as to admit of an Attack by the Force fent upon this Expedition, he, Major General Conway, had had fome Difcourfe with Lord Jnfon on the Sub- ject, and told his Lordlhip, he thought it was Pity, if Port VOrient was in the State defcribed, that it (hould remain, as he underftood it did, an Article in Sir John Mordattnt*s Inftrudions to attack it : Kis Lordfhip faid, to the beft of his Recolleftion, that he did not think Port VOrient was ferioufly thought of at tha^ Time, but, in regard to ^ir John Mordaunt*^ Inftruc- tions, referred him to Mr. Pitt. The Deponent thereupon took theLiberty of mentioning to Mr. Pitt, what he had heatd of the State of Port VOrient, who t d2 I Who feemcd to agree to it. He then obferved» in like Manner as he ha(^ before don? to Lord Jufon^ that it appeared to him rather hard upon Sir John Mordaunty that the Order for attacking Port VOri- ent (hould remain in bis Inftrudions^ if it was not feriouQy thought of : Mr. Pi^*^ Anfwer, to the beft of his Recollection, was, that Port VOritnt was named amongfl other Things, but t;I>at he did not ap- pir^hend, it was meant to confine $ir John \ that h« had a Latitude to a^ in regard to that, ^ he fhouki judge proper. ^ Whether at the Cabinet-Council Mention was made of laying a Ship to Feuras ? A. Is pretty pofitivc, it was •, 1'hierry the French Pilot was examined in regard to it. ^ Did he take Notice, whether [Fore d^/1iguiUe^ (which is near to Feuras) Teemed to be a new Build- ing or not ? A. The Work of it did appear very frelh to him. ^ Did TBierry the Pilot ever make Mention of that Fort i:;! his Examination before the Council ? A. He can't recoiled he did. ^ Was that Fort near the Place, where Thierry mentioned in the Council he thought there was a Pro- fibility of landing? A. |t was near the only Place he ever heard him mention, as a Landing-Place ; it was near the Point of Land called the t'oint of Fouras. ^ Docs he remember coming to Sir John Mor- daunt on board the Ramilies, and what Converfation paflcd ^ A. He can't very particularly remember the Con- verfation that pafied then j he had taken fome View of that Coaft himfelf, having been up at the Ifle of Aix, and mentioned to Sir John Mordaunt his Ideas, how a Landing and Attack upon Fort Fouras andFort d* Aiguille fhould be made •, he wrote down a Plan for that Purpofe, which he afterwards (hewed, or read, lo Sir Edward Hawke and S'lrAjfohn Mordaunt, ^ Was not the Propofal, that if Sir Edward 4 Havti'ie [63T Httwke would fend a Ship to^attack Fouras, thef wouid endeavour to knd the Troops at the fame Time ? J. It WW to that EfFcft : That was Part of it, that they fhduld land the Forces as near Fouras as poilible, and aflkult Fort d^ Aiguille : there were other Particulars, that a DiverHon fhould be made at the feme Time on the Side of Rocbelle and the ^([toiRbe, ^ Did not Sir Edward Hawke decline that Pro- pofal ? A» He made feveral Objedions to it. ^ Does not he recoiled, that the attacking Fort Fouras was mentioned more than once ? .T A, Several Times. ^. Did Sir John Mordaunt feveral Times defire from Lord Ligonier pojitive Orders before his leaving Londm? A. He is very fure he did hear Sir John fay, he wifhed, or hoped, upon fo important a Cafe as this, that he might have a pofitive Order. .> ^. Does he recoiled Lord Ligonier*^* Anfwer ? ? A, Thinks he faid, that pofitive Orders were ne- ver given in Cafes of this Kind, or to that EfFedt. ^ Does he remember a Paper of Obfervations of Lord JJgonier*% upon this Occafion ? A. Yes. ^ Does he remember that Paper to have been r^ad at the Council, when they were all prefent ? .'^> A. To the beft of his Recolledion, Lord Ligonier did produce that Paper at Lord Holdernejfe^^^ where the Cabinet-Council was held, and read it. 4 ^. What Day they firft made Sight of Land ? A. On the 20th they made the IQe of Qltron about One. Being defired to give an Account of what paiTed on board the Ramlies the 28 th, the Night on which they intended to land; ' ' • •• He faid, that Orders were given for landing that Night i he remembers, that being on board the Ra- tnilies with Sir John Mordaunt^ wailing for the Time to If i I-; re4l fo go to the Rendezvous, Captain Mow cafritf oil board, and faid that he was ferry to tell them, there was a very ftrong Wind fprung up from the Shore, which would probably obilrud their Landing; Sir Job*t. Af<7r^«»/,notwithftanding, refolvcd to go to the Rendezvous, which was on board the America : The Deponent accompanied him thither. As foon as they came on board, Adm. Brodrick, to the beft of his Re- inembrance,was ihcPerfon who fpoke; he can't be po- fitive, whether the Admiral gave any Opinion of his own in regard to it, but he mentioned, that, the high "Wind which was fprungupfrom the Shore, would make the Landing very tedious. Several of the Sea Captains reprefented,that the Wind was follrong, that the Boats which were towed up full of Men, could fcarcc make head againfl -, that it would be Day-light before the firft Embarkation of the Men could get on Shore ; and that a fecond Fmbarkation would not be able to arrive there under fix Hours more. He remembers, one ot the Captains particularly (hewed him one of the Long-boats, that was then towing up empty, which moved very flowly,and,as they faid, could hard- ly proceed. ^ Was it not his, Sir John Mordaunt^s Intention, and were not his Orders given out accordingly, that the Landing Ihould take i:'lace juft at the Break of Day ? J. No : He apprehended it was meant for a Night Landing, and the whole to be compleated before Break of Day, if pofllble ; and the Reafon l.e appre- hended to be, that the Ships of War could not lye up to aflifl; the Landing, and that the Landing ^place was fo near the Town of Rgcbelle^ that bcfides the Troops of the Country, the Garrifon from that Place might have been ready to oppofe the Landing of the Troops, if the Difpofitions had been made for landing in the Day. ^ At what Hour the Men were to be in the Bgats ? A^ He thinks about Eleven o'Clock. ^ ^ Oh [65] .^. On the 24th, what was done after the Receipt of Admiral Brodrick*s Report ? . Ji It was propofed to go to the Ifle of jliXy where thty had a View of the Loaft near Fouras^ and where moft of the French Prifon^rs were, in order to exa- mine them. ^ How did the Men of War and Tranfports lye at that lime? J. The Divifion under Admiral KnowUs, which went up to attack Aix, laid up near the Ifle of Aix \ Sir Edward Hawkers Divifion, and his Siiip, the Ra- miliesy laid at the Diftancc of fome I^eagues \ three or four. ^ Whether after bein^ at the Ifle of Aix, on the 24th in the Evening* thty went on board the Neptune on purpofe to examine more Prifoners ? ^..J. They did. ^ How late it was before they parted ? , ^. Thinks pretty late, cannot remember the Hour/ . , It being on the Stroke of Three, ADJOURN- ED till To-morrow Morning Ten o'clock* Friday y i6ih of Decemhery 1757. ' '• ■vi THE COURT being met purfuant to Adjourn* hient, Major General Conway was farther examir.ed \ ^ Whether he docs not think that all proper Me- thods were taken for getting early Intelligence, as foon as the Ifle of yfwwas taken? A. He believes they were \ the Deponent himfelf was fent upon Command to the Ifle of Aix^ fo that he was not at that Time with the Commanders in Chiif, Sir Edward Hawke and Sir "John Mordaunt : The Deponent examined many Prifoners himfelf thcrC) and reported to Sir John Mordaunty when he waited upon him, what feemed moft material in their Examination. ^ If he remembers what any French Prifoners might fay, in regard to there being a v\ct Ditch at Rochefort ? :\ V.\/- ■' *'^. .'« E A, He 'tf!l 4 IHN % * < [66] " ^A. He remembers one did fay pofidvely the Dkch could be flowed all round. ^ Whether he recolledls what any French Prifon- crs told him in regard to Troops in that Neighbour- hood ? ^ : V : ; .. ' A. They gave various Accounts of the Number of Troopsj moftofthe Officers and Soldiers faidjthere were 3 great many ; as alfo that there was aMarfhal q{ France in the Place, meaning Rochefort^ Marfhal SenetUrre \ there was a Man who faid he had feen eleven Battali- ons at Rochelle \ the Prifoners in general made them a great many, . ^ Did any of the Prifoners mention their having ' been at Work at Rpchefort ? ^ A. There was oneMan in particular, who,on the 24th» or 25th, in the Morning previous to the Council of W^ar, faid, d>cy hac' been ac Work there fome Time. ^. Can ht recollert at any Time, when he was re- connoitring at the IfleD'/^/x, whether he could diftin- "guilh from the Uniform, that there were Swifs, or other Troops, at Fort Foitrai ? A. Either at Vljle D*Aix, or on board Ship, he does recoiled to hav<" feen fome upon the Coaft near Fouras in red Cloathmg, can'c take upon him to fay thpy were Swifs ; he faw particularly an Officer, or two, riding upon the Coaft-, imagines, they came from fome other l^lace or Command, out of Curiofity, down to the Shore. He faw a great iv.-yny others in other Uniforms, particularly white and blue. The Numbers were different at different Times 5 fome Hundreds certainly ; at laft, he law as many as from 800 to 1000. Q^ Was not the Intelligence of the Pilots df the Magnanime and Neptune^ and of Captain B^i^rue^i/ky and of all the Witneffes, who were afterwards exa- mined at the Council of War cq the 25th f except that of Lieutenant Colonel Clerk) known to thtrm befora they met at the Council of War ? A. He imagines, they were moH of them known •, moft of them, he bclif ves, were examined by Sir John Mor- > f 6;] ' Mer jaunt, on board the Neptune, the Evening be- fore. ^ Were not feveral of the Members of the Coun- cil of War prefcnt on board the Neptune at that Time ? ^ , . , ,; J. Yes, feveral were. ^ Whether they had Artillery propet to attack Rochefort in Form ? A. He apprehends hot, by what he has heard of the Artillery of the Place j he fpeaks of the Train of Artillery they had with them on the Expedition, not of the Ships. •. '• .,. ^ Whether proper Artillery to attack Rochefort in tormi was not mentioned and delired by the General? at the Cabinet Council ? . ■ . w. . yi. It was, as he remembers. ^ Wiicther a Council of W^r was held on the 25th? J. Yes. " . ^ (by the Court) How far it appeared to Him from the Pilot's Examination at the Cabinet Council, that the Poffibility of attacking Fouras by Sea could be de- pended on ? A. He thinks the Pilot's Artfwer waS doubtful j that he belieVed a Ship could lye up within half a Mile. ^ What Obje<5lions Sir Edward Hawhe made to the Propofals for an Attack, mentioned in the former Part of his Evidence ? A. He caij't be quite pofitive, whether at thatTimd Sir Edioard faid a Ship could not lye up to Fouras i fome Time after, it was laid aGde, as an impradicable Thing : He obje61:ed particularly to the Ships being fent down to make a Feint towards Rochelle and the Iflc of Rhi, as imagining that Operation was not pradicable, or not proper, he is not certain which. Sir Edward talked of bombarding Rochelle, as he re- memberSjbut that was n«t the Sort of Diverfion theDe- ponent propofedi TheReportof the ReaiA'imiral and E 2 . Cap- pi [68] ■ ■ Captains, which Taid there was no landing near Fouras, was not received at that Time. ■ ^ As he has only mentio'ied the Situation of Vice Admiral Kjtcwles^s and Sir Edrrard Hawkers Diyifions, on the 24th in the Evening, how did Rear Admiral Brodrick^s Divifion lay at thit Time ? . y/. The Deponent was in Vice Admiral Kncwles*s Divifion, and cannot fay pofitively, biit imagine"; Rear Admiral BrodHik's laid in Che Rear, near Sir Edward Hawkers, \ perhaps a League diftant. . ' ^ Were the Examinations of the Prifoners reduced to Writing ? . > ;•* '■ - ' ' A. Some of them were, but thofe Minutes he has riotr.ovv with him. ^ -What Accounts Were given by the Prifoners, of the Ditch at Rochefort, in general ? J. He does not remember, whether any denied the Pra^uaht.iiy of the Ditch being made wet \ they gave, in general, very co; fufed Accounts of the Place.;* -■••'■•■''*-' -'■■^':"-' ■' •' ' ■ '•• ^ "■'' '. '"..■► ^ When it was that he faw the Troops mentirned in his Evidence, particularly the greatcft Number, v/hich he reputes to have been between 800 and icoo ? A, He faw Troops at all Times, fome more, fome lefs, but that greateft Number was feen at laft, on the 29th. ^ What Time he refers to, when he fpeaks, as haviifg heard of he Artillery of the Place (meaning Rochefort ?) A. Befoie the Expedition left £»^/<3W-, all the Ac- counts of the Place agree in it ; they have great F'cun- tleries of Cannon there, or in the Neighbourhood, which fuHiifh Cannon to all the Ships rl.at are fitted out there •, he imagines, they could n70iint rlaioft any Number of Cannon on the Ramparts and open Em- brazures, ai they pleafed, as tie Rampait was folid round the Place. The Deponent fay, he heard Lieu- tenant Colonel Ckrk Isiy^ the ArtiHeiy there was very confider^ibJc. - - [69 ] • ; ^ If a Council of War was deemed neceflary. Could it have been convened on the 24th, after re- ceiving the Report of the Rear Admiral and Cap- tains ? • ■ .?•" j»" ■•:'•■ •-•.■ - ^ • J. He believes it was poffible, but it would have been very late, becaufe the Gentlemen who were to compofe it, laid in the different Divifions cf the Fleet, and might not have been found on board their Ships at that Time. THE FOLLOWING MINUTES of two feveral Councils of War, the one held on board the Neptune on the 25th of September, and the other on board the Ramilies on the 2Sth of September 1757, which were mentioned by Mr. Secretary Pitt, to be delivered to him by Sir John Mordaunt, were now read at Sir Jcbn Mordaunth Defire, (being firft authenticated by Major-General Conway) viz. ' At a Council of War held on board his Ma- ' jefty's Ship Neptune, at Anchor off. the Ifle of //;>, * September 2 Si i757' - ^ •. .' - ; ; • ' ; ' Prefent, ■ -' Knight of the Bath, Admiral and Commander in Chief of his Miijefty's Ships employed on the prefent Expedition. Knight of the Bath, Lieute-- naiit General of his Majefty's Forces, and Guneral and Com- mander in Chief of the Troops on the prefent Expedition. Charles Knozvles, Efq-, Vice Admiral of the Red. The Rt. Hon. Major General Henry Seymour Con- ' way. Thomas Brodrick, Efq-, Rear Admiral of the White. Vlow.MzpvGautrsX Edward CornwalHs. Czpta.in George Bridges Rcdaey. ,- • Colonel George Howard. E 3 « The Sir Edward Hawke, * Sir John Mordaunt, ■■! [70 1 ' The Fortifications and Ifland of Aix, belonging to- the French King, having furrcndercd to his Mar jetty's Arms, the Council proceeded to take into Confideration the farther Steps proper to be taken, in Execution of his Majefty's fecret Inftrudions to Sir Edward Hawke and Sir John Mon>aunt^ Com- manders in Chief of his Majefty's Forces on the pfefent Expedition ; and the firft Objeft being to determine, Whether a proper Place could be founci for landing the Troops, Sir Edward Hawke pro- duced a Report by Rear Admiral Brodrick^ and the Captains Douglas, Denis ^ and Buckle, whom he had fent to found and reconnoitre the Coaft from La Rochelle to the Point of Pouras, near the Em- bouchure of the River Charetite, which Report is hereunto annexed. ' The Council having taken the faid Report into Confideration, and examined the Pilots, it appears, that there are but two landing Places ; and that the Troops could not be reimbarked from either of them in bad Weather, the Swell, of the Sea making fo great a Surf on the Shore that no Boats could be able to approach it to take the Troops off; the ableft Pilot having informed the Council, that he had been at Anchor feven Weeks in this Road, and not a Boat been able to pafs or repafs : And it like- wife appears to the Council, that in cafe the Troops fliould be overpowered by fuperior Numbers of the Enemy, they could have no Proteflion from the Cannon of the Fleet, the fhoal Water preventing their coming within Gun-(hot. ' The Probability of Succefs in the Attempt ^gainft Rochefort, in cafe the landing was efFefted, being then taken into Confideration, Lieutenant Colonel Clerk, Chief Engineer, was called in, and being alked his Opinion, declared. That whep he faw the Place in the Year 1754, he thought no Place was more capable of being taken by Afl'ault \ what Alteration may have been made in the Place fince, |ie has not fufficicnt Information to judge } that he ^ does c < i c < t c ( c « ( < c < < c c « ( c c ( c •4 « c i ( ( < « < [71] - . docs not imagine any regular Attack was intended againft that or any other Place, the fmall Quan- tity of Artillery we have not being fent upon that Plan, Being afked, If the Ditch were floWed with Water, whether he ftould then think it pradicable to take the Place byEfcalade ; faid, he thought not ; but that when he faw the Ditch, it did not appear to him capable of being flowed. ' Monfieur de Bonneville, Volunteer, being afked what he knew of Rocbefcrf, faid, that he was there about nihe Years ago -, that the Ramparts were of Earth, and that there are Sluices there, by which they can flow the Ditch, and that it was full of Water all round, when he was there. ' The Pilot of the Neptune being called in, faid. That he had been very frequently at Rochefort \ that he commanded a fmall Vefliel there many Years ; that they have Sluices near the Hofpital, by which they can fill the Ditch with Water*, that they raife them fometimes to cleanfe the Ditch, and that he has feen Water in it quite round the Town. • The Informations of fome French Prifoners were then produced confirming the fame, as alfo that they had been working on the Fortifications there , for fome Time pail. * The Intelligence received from fcveral neutral Veflfels fpoke with on the Pafliage was alfo produced, declaring. That the French had been for fome Time in Expeftation of a Defcent from the Englifh in thofe Parts \ all which being taken into Confidera- tion, together with the long Detention of the Troops in the Ifle of IVight, and our meeting with con- trary Winds, Eogs and Calms upon our Paffage, the feveral Informations received of Troops afi!em- bled in the Neighbourhood, and the great Impro- bability of finding the Place unprovided, or of fur- prifing it, or conffquently fucceeding in an Enter- prize founded on the Plan of an Affiulc or Efca- lade merely i and the Uncertainty of a fecjrc Re- E 4 * treat m £i HI "In treat for the Troops, if landed j the Council are unanimoufly of Opinion, that fuch an Attempt is neither advi'eable, nor praflicable. . ; • , . ' Edw^. Hawke, i.^. , , ., , • , . ' ' ■ ' 7' Mordaunt, :'":^ =V ';■ •* ^':','-:: • ^ Cha\ Kmwks, •'•;•;'. u . .^1.. (, ,-. . '..._ , jj Seymour Conwa)\ '.;■>; ^Tho'. Brodrick, * Edw*. Cornwallis^ '.^ y • G. B.Rodneyy ' ' G. Howards k. Admiral £ r- r-j J rr 7 J ^^d Commmder in Chief of ' Sir Edward Hawke A hb Majefty's Ships employed ■ (. on the prefent Expedition. Knight of the Bath, Lieute- nant General of his Majefty*s Forces, and Commander in Chief of the Troops employed on the prefent Expedition. * Charles Knowks, Efq; Vice Admiral of the Red. * The Rt.Hon. Major General //^«ry Seymour Conway. * Thomas Brodrick^ Efqj Rear Admiral of the White^ * Hon. Major General ^^-ic^ri Cor/iwW//,jf . * Captain George Bridges Rodney, * Colonel George Howard, * The Council of War being afiembled, at the De- * fire of Sir John iVIordnini, proceeded to take un- * der Confideration, Whether it is advifeable to land * the Troops to attack the Forts leading to, and up- ' on the Mouth of the River Charantt , and after * mature Deliberation i^re vinanim 'UflJ^ of Opinion, 'That ■■[73] * That it is advifeable to land the Troops for that * I'urpofc with all poflible Difpatch. * Edw*^. HawkCy < ' ' . . . w.yui ,- V. . ^ J. Mordaunt, '.^ ■', ,. . .. .'■ • ^ ^ Cha*. Knowles, -v ' .\ ^'' :. i « //. Seymour Conway^ • ; • ^. . v.f.vM; _ * rho'. Brodrick, ■ ' ■ r '■ . .••■.; ', * EdW^. Cornwallis, .;.;■ , ^ Geo. Bridges Rodney^ * G. Howard." A Paper was then tendered by Sxrjohn Mordauni to the Court, as containing Obfervations of Sir John (now Lord) Ligonier, mentioned by Major General Comvr.y to have been read at a Meeting of the Ca- binet Council ; and it being admitted by the Judge- Advocate, that the faid Obfervations, or Hints, were written by Sir John Ligonier\ — (but prior to his hav- mg any Knowledge of the Difpofition of the French Troops attcrv/ards produced at the Cabinet Council) and that a Copy thereof had been given to Sir John Mcrdaunt at his own Defirej the faid Paper was read as follows; •,>•-• i ■ ■ '• a " There is a Chance in the bed concerted Military Encerprizes, which every Man of long Service muft have experienced ; what Share then muft be left to Fortune in an Expedition, where neither the Country, nor the Number of Troops, you are to ad againft, is known with any Precifion. " The Capacity of the Generals may fupply this Want of Inteiligence, but to give them any po- fitive Plan or Rule of A<5lion under fuch Circum- ftances, I apprehend would be abfurd. " If I am rigbtly informed, the great Point his Majel^y has in View by this Expedition, and the alarming the Coafts of France^ is the Hopes of making a powerful DiverHon in Favour of H.R.H. the Dukc% as well as the King of Pruffia-^ who de- fjres and prelTes much this very Meafure. <( I a \ II cc •c «( «( the Ifle bemed to he could asy when 'ranfporf :w of the ; fituatcd, ch is the ar South, hat there at North there, or lich de- ghtEm- te^ is not tcery, or lent ; the View of iw about cry, and imagin- aw Men ound a- Para>- ras wijs :r Place the faid (lone [77I Hone Redoubt, or Battery, did not feem to exceed a Mile and a Half. Upon the Ifle Madame he faw Peo- ple at Work, alfo two OlBcers Tents upon a rifing Ground, jull above the Sea; he was at too great a Diftance to give a diftind Account of the Ifle },Jadiime ; this was all he could fee there. ^ Whether he was near enough toil illinguifli from the Walls, whetlier Fort d^A'igutlk was built lately or not? .- '"■ ■-"■'■ ^A.-r :■ .1 . \.''\. : . • , yl. It was Mafonry and appeared new j it was ei- ther new, or newly 'cleaned up. Sir John Mordaunt obferving, that Lieut. Colonel Murray^ if he recoUeds right, was wounded at Ojl- vid, during the Siege, and left at Ghenty defired he would inform the Court, whether there were not French Militia employed at the Siege of Ojlend, and likewile in Garrifon at Ghent \ and, from what he law of the French Militia, What is his Opinion of ihem ? . / . Lieut. Col. Murray anfwered, he cin't take upon Mm to fay, there were any French Militia employed at the Siege of Ojlend^ as he was confined j but he heard there were three Battalions, as well as he can recolledt. At Ghent, where Sir John Mordaunt left him ehind, he faw feveral Regiments •, the Regiment of f^ormandy was at the fame '1 ime in the Garrifon there ; (hefe Militia in their Cloaths and Appearance were ke the other Troops, but he had no Opportunity of [knowing any Thing of their Qiiality. The Militia, f they were fuch, which oppofed our Troops, when they made the Defcent in Britany, were a defpicable Rabble, and made no Refifl:ance j they I'cemed to him to be the Pojfe Comitatust and he believes them to be different from the Militia ; they were neither regu- larly cloathed, nor armed. ^. (by the Court.) At what Time he reported, communicated to Sir John Mordaunt^ what he brt ft:en from the Ramilies in the Ille of Rhi ? A. He don't recolle(5t that he mentioned it to S r )^hn Mordaunt at ail ; Colonel H-dgfon, and Colo- nel Inr i! 'til ncl Wolfe being both there, he took it foi- granted they would. ^ At what Time he reported, or communicaecd to Sir John Mordaunt^ what he faw from his rranf- port off the Ifle of jlix, on the Morning of the 25th ? v^. He made no regular Report -, believes, he men. tioned it one Day in the Admiral's Cabin, when every Body was giving an Account of what they had fccn i but is not certain of that neither. Capt. Patrick Tonyn, Aid dcCamp to Sir John Mordaunti being fworn, and defired to give an Ac- count of what Converfation pafled on board the A'^- mUes on the Evening of the 23d, about the attack- ing of Fort Fottras ; depofed, that in the Evening after the Ifle o^ Aix was taken, he fiid to Sir Edward] Hawke, that the next Step that appeared necelTarVj to be taken, was, to attack Fouras by fome of th Ships, to bombard Rochelle, or give any other Di verfion, or Jealoufy to the Enemy, and that th Troops, in that Cafe, might be landed at ChaUlailion or any other Spot, that might be found out thereabouts The Admiral faid, a little Time, after what the De poncnt has now repeated was fpoke to him, that would lay a Ship along-fide of Fouras, bombard Ro tbelley and the Troops might land ; he recolle(^s that Col. fVolfe immediately took up the Converfa tion, and the Difcourfe continued between him an< the Admiral. Capt.THOMAsOsBERT MoB DAUNT, Aid dc Cam) to Sir JohnMordaufit, being fworn, and afked, Whcthel he was prefent at any Converfation with Sir Edwarl Iiawke,\on the Evening of the 2sd ? Depofed, that he remembers being prefent at a Di| courfe that Evening, but can't now take upon him tj deliver what paflcd ; but on the Morning of the 24tl: he received a Meflage from Sir Edward Hawh, defirinj him to (iomedownto him in theCabbin, where he founi the Admiral, the Vice-Admiraly aand the Pilot of tlj . ■. ^ ' 3M nunicaccd [lis rranf- thc 25th?! s, he men. I bin, when t they had I :oSir Johnl ft an Ac-I rd I he Ra- he attack- ic Evening! )ir £f/u'fl?7/| i neceffaryl )me of the other Di^ d that \\\i Zbatelaillon\ hereabouts lat theDe-l n, that )mbard Ro\ recolledsJ Converfa] him am d de Cam d, Whcthe Sir Edwnr nt at a DH pon him t f the 24th vke, defirin erehefoun Pilot of tl Nil [ 79 ] Magnanime : Sir Edward Hawke defircd the Deponent, as he did not imderftand French himfelf, to alk the Pilot fome Queftions, and explain his Anfwers to them. — Among other Qiicftions, he alked particularly about the Approach of Ships of War to Fort Fouras ; the Pilot faid, he would undertake to carry the Magna- nime within half a Mile, even within a Quarter of a Mile of the Fort, but then he muft run her upon the foft Mud, from whence the next Tide would bring her off. Sir Edward afked the Pilot, if by lightning the Barfleur he could bring her as near ; he anfwered, he could, but had rather go with th» Magnanime : The Admiral feemed falisfied with thi$ Difcourfe, faying, that would do, or to that Effcft, ^ Does he recolle(5l, whether th? Pilot fpoke of a French Mile, or an Englijlo Mile ? A. The Deponent afked him particularly, What Miles he meant j and the Pilot anfwered, " Miles of " England:' .; ; ' * Vice Admiral Charles Knowles beirig fworn, and defired to inform the Court, what Thierry the Pilot told him of the Swell of the Sea in the Road of Bafque i faid, he has declared that in the Council of War held on the 25th of September. ^. Does he recolleft, when he firft mentioned it ? A. He can't recolledt ; it muft have been before the Council of War, or elfe he could not have men- tioned it there. The PafTige he refers to in the Mi- nutes of the Council of War is this " The ableft " Pilot having informed the Council, that he had " been at Anchor feven Weeks in this Road, and ' " not a Boat been able to pafs or repafs.'^ The % I I 1 '; I I \i IV HI t »o3 ,i iThe following Lift of Ships Tent out under tlie Command ot Sir Edward hawie on the Expedition being, by Defire of a Member of the Cou' r, fiiewn to Vice- Admiral Knowle.\ he informed the Court, that all the Ships contained in the faid Lift, except the SovthrMpton, were in the Bafque Road, whi.:h Slvip, having taken a Frigate, the Admiral fent her into Port, viz» , , , . .- ^ . Rate Guns 1 loo — 2 ■ ■ 90—' nd- I ■■■ 4th. 84- 80 -So- 74 ^4. -60 Men Ships Syo Royal George *^ 780 Ramilies ** 770— ^Neptune 1^ 7150 Namur A 770 'Royal William ♦'• 700— — Daifiiur »^ 666— — — Princeis Amelia / . 700 Magnanime J{ 700— Toi'oay ^ 600 Dublin v'' ;2o Buiford -■" -Alcide -America -Achilles ' cth 32 6 th 2S Frigate — 1 8 . ; 16 14 Bomb — 8 Firelhip Bufs— 6 H«rp. Ship 22 J' 500- 420- 4:^0- 420- 42c- t,?.o~ 200- 120- 120- 120~ 80- 80- (0~ 60- -4?- 45- 4>- 45" 1 00- t — JVIedway 4* — Dunkirk "f — ':-outhamptan — (. oventry — Cormorant — Poflilllon — itJeaver — Pel can — Efcort — Firedrake — Infernal —Pluto — Profcrpine — Canterbury — Med'.vay — Thetis Hunter Cutter Commanders Matthew Buckle ja.i.es Hobbs James Gaibrai'-h Peter Denis Witt. Taylor Samuel Graves Stephen Colby Hon. Richard Howe Hon. Aug. Kcppel Geo. B. Rodney James Young James Douglas Hon. John Byron Hon. S. Barrington Charles Proby Robert Digby J. Gilduiil Carr Scrope Benjamin Clivc Wiiliam Cooper Edward Gafcoiji;ne James O'ilarn .Charles Inoljfs Owen EdwarJs James M'Kenzie John Lindfey Francis Banks 'I homas Lempricre Charles Lucas John Moutr^y 4 yice Admiral Knowles being aflscd (by the Court; how many Men, as he thinks, could have been la.id-| cd in one Embarkation ? /I. ilel mder ttie xpedition t, flievvn )Ui-t, that scepc the i.;h Slvip, her into manders V Buckle -Jobbs ialbrai'h 'aylor Ciiuves I Colby ichard Howe tug. Kcppd . Rodney iToung; Douglas ohn Byron ). Barringtoii Proby Digby uiib irope in Clivc 1 Cooper Gafcoi;;nS 'Ham ~ IngliA idvvarJs VT'Kenzie ndfey Banks Leinpricre Lucas outray ' Court) 3cen ia.id- /I. He] A.- He was on another Service intirely diftant frorti that of the Embarkation, and cannot anfwer that Queftion. ^ What occafioned the Fleet not coming into the Road fooner than the 23d, ieeing they made the Coafl: on the 20th? ' ' ' A. He will give the beft Account he can, without his Log-Book and Journal ; but for want of them cannot be particular as to the Hours. — In the Morn-" ing of the 20th» Sir Edward Hawke gave him the following Order> "viz. ' . ' ' By Sir Edward Hawke i Knight of the Bath^ * Admiral of the Blue Squadron of his « Majefty's Fleet, L'c. ' If in {landing in between the Ifles of Rhi and Oleron, I (hall find the Winds and Weather will admit of proceeding to Baf^ue Road, and attacking the Ifle of Aix^ I will hoill a red Flag on the Flag- ftafF at the Foretop gallantmaft-head, and fire three Guns ; then you are hereby required and di- redled. without Lofs of Time, 10 ftand in as near to the faid Ifle of Aix, as the Pilots will carry you, with all, or as many of the Ships of your Divi- fion, as you fhall chink fufficient for that Service, and hatter it, till fuch Time, as the Garrifon fliall either furrender, or abandon it. In cither Cafe you are to land a Number of Men fufficient to de- molifh it with all poffible Difpatch, lending me the earliell Intelligence of your Proceedings. For which this fhall be vour Order. . , * Given under my Hand on Board his Majefiy's * Ship Ramilies at Sea this 20th Sept. 1757. ED. HAWK E. • To Chorles Knowls, Efq; Vite- * Admiral of the Red Squadron * of his Majefty's Fleet. * ■ , * By Comniand of the Admiral, < J. Hay.^ F The !. : ill • fc* 'I !? ;f BBS ? % t Si ] The Signal being given, the Deponent about Noon, took his Leave of Sir Edward Hawke, and made Sail with his Divifion. The Med'fvay, which was a-head by Sir Edzi'ard*s Order, to look out for the Land, about two or three o'Ciock, as near as he can remember, made a Signal for feeing the Land ; very Toon after, the Deponent faw it himfelf : As his own Ship and thofe of his Divifion were ordered to prepare for the Attack, the Lieutenant, or the Cap- tain, came to acquaint him, the Ship, was clear and ready for Adion j this was about Four o'Ciock, the Wind at that Time, and to the beft of his Remem- brance the whole Day, was about N. E. As he look- ed upon a Ship cleared, and in Order for Battle, to be a very entertaining Sight, he defired Major Ge- neral Cc'jrjjay to go down to fee his Ship bcL".'cen Decks : V\ hile they were vicv;ing her, one of his Lieutenants came down, fent by the Captain, to ac- ■ ^jrint him, Capt. AV/fp^-/ hailed the Ship, and told &cm^ there was a French Man of War {landing in for the Fleet •, for fbme fhort Space of Time the De- ponent took no Notice of it, thinking it impoflible, the Fleet Ihould not fee her ; a fecond Meflage was fent him down to the fame Purpofe, he then imme- diately went upon Deck with General Conway, and was fhewn her by his Captain', when with their Glafles they plainly difcovered her to be a two-deck'd Ship j fhe ibon made a private Signal by hoifting a Jack at her Mizen-topmaft-head i the Deponent was in Doubt, whether to make a Signal to any of his Di- vifion to chace, being ordered on a diiFerent Service, which jie cook Nciice of to Major General Conway ^ and to his Captain ; he judges, he was then at leaft Hve Miles a- head of Sir Edward Hawhy and the Enemy's Ship much nearer to him and his Divifion, than they were to Sir Edward Hawke and the reft hi the Fleet ; and he plainly faw, if fome of his Divi- fion did not chafe her, none of the others could pof- fibly fee her, fo as to chafe her, when Night came oft. Ihe Magnanime was then about cwo Miles to Lev/ard f 83 ] Leward of them, on which he threw out her Signal to chace, and hailed Capt. Keppel in the Torbay, and diretSted him to chace aifo ; obferving, at the fame Time, to 1. ^jor General Conway and his Captain, that if Sir Edward Hawke did not approve of what he had done, he would certainly call them in again ; but, in- iP^ead of that. Sir Edward threw out their Signals to chac: , by way of confirming what he had done ; and in Addition, made the Royal PVillianis Signal alfo, belonging to his Divifion ; two more Signals for Ships in the reft of the Fleet were thrown out afterwards, and very foon recalled. Early the next Day in the Morning, Sir Edward Hawke fent the Deponent the following Order to take under his Command three other Ships in the Room of thofe three Ships that were detached to chace, viz. *• By Sir Edward Hawke^ Knight of the * Bath, Admiral of the Blue Squa- * dron of his Majefty's Fleet. * You are hereby requiped and diiefted ' to take under vour Command the Ships ' named in the Margin ; the Captains of Achilles, * which have my Orders to follow your Diredionsj and proceed, without a Mo- ment's Lofs of Time, to put in Exe- cution the Orders you received rrom me Yefterday. For which this (hall be your Order. * BukUn, * Burford.^ « To * Charlei KrMvhs, Efq; Vice- * Admiral of the Red Squadron * of his Majefty's Fleet. , ♦ By Command of the * Admiral. ' J. HAY.* F : ' Given under my ' Hand on Board his ' Majefty's Ship Ra- * milies^ at Sea, this ' 2ift Seft. i^Sl' « ED. HAWKE.' In ' tn Obedience to "that Order, the Hepon^nc pro- ceeded with his Divifion with all the Sail they could carry, to gee in, and make, what Land it was ; he judg-s it was about 9 o'Clock, when they were got within about two Miles of the Land, in 1 1 Fathoms "Water, very hazy thick Weather, lo as his Pilot de- fired, the Ship mignt be tacked and laid with the Head ttiT till it cleared, fo as he could Ice his Marks. Whilft hi was laying to, he made a Signal for the Captains of his Divifion, and ordered them to fend for their Pilots, no two of whom agreed, what Land it was; their feveral Examinations he took down, and im- mediately fent them to Sir Edward Hazvke, who by that Time was advanced nearer to him by two or three Miles than he was before, as he the Deponent laid with his Head off Shore. In his J^etter to Sir Eckvard he acquainted him, that not one of the Pilots would even take Charge to fcad in with a twenty Gun Ship ; if they would, his Divifion fhould have followed her. Soon after .his Boat v^ent away, he made a Signal for Ipeaking with the Admird, fee- ing he continued under Sail, and did not rtop to fake up his Boat. At the fame time he made fail with his Divifion towards him, and by, about 12 joined him ; when the Deponent got on board him, he was furprized to fee Mr. Keppel on Hoard, and alfo to find the Magnanime and Royal IVilUam had joined him again, which the thick weather had pre- vented the Deponent's knowing. Sir Ed-ward Haivke^ upon the Deponent's acquainting him with what had happened, (for he thinks he got on board, be- fore his Letter) immediately fcnt tor the Pilot of the Magnanime^ at the fame time telling the Deponent, he judged, what was the Matter when he law hrm bring to, for his Pilot had refufed carrying his Ship in : AVlien the Pilot of the Magnan'ine cumQ on board, he immediately told them, wha^t Land it was-, and af- ter offering to carry the Fleet in, returned, on board his own Ship, and led the Deponent's Divifion in» riie Admiral and Ehe reft of the Fleet following. The the Floot ancho of .^) made contin 12 lum, and had pre- ivke^ hat be- the [enr, :ing in : he af- ^ard in* mg. 'he Tiie Wind was pretty trelh all this Day, till towards the Evening, when about 6 o' Clock the Tide ot Flood' being fpent, the Magna'aime made the Signal to anchor^ they were then in the Mouth of the fertuis of Antiocke : About 8 o* Clock Sir Edward Havjke made the Signal for the Fleet to anchor, and they continued vi-orking in, and anchored, as they came into [- roper Birth?;, ail Night. — Early in the Morning of the 22d the Magnanime made the i>ignll, when the Deponent weighed with his Divifion, and Sir Edward Ilaike and the reft of the Fleet wei-hed alfo : A- bout II o'clock it falling calm, the Signal was again made to anchor j about Two or Three a fmall Breeze fpringing up »vefterly, the Magnanime made the Signal and weighed again, and the Deponent ran in v/ith his Divifion, till between 9 and 100' Clock at Night, Sir Edward Hawke and the Fleet of Tranf- ports all following, when the Deponent's Divifion came to an Anchor, i2.. When w»is the Demolition of the Ifle of y^z> finifhed ? . .* A. About 7 o'clock in the Evening of the Day before that, on v^hich they failed tor England. ^ Whether a Council of War, it thought ue- ceHary, could have been held on the E\'ening of the 24Ch, ati-r receiving the Report of the Kuir Admiral and C?.ptain? ? A. As to the i^offib ity of it, or not, he ca 't an- fvver, the CoLncil oif War wanting the Tellimony of everal Evjtlences, of whom he cjnnot iuy, where the' were, or waen they could Jiavc been co'^ledlcd together; befides. Admiral Brodrick was julT: returned frorr >c«indjng, and had been up all the Night be- fore, and C(/;oncl iloivard, one of the Members of the '-Gunci!, who was in the Fort at the Ifle of yf/'.v, muft liave been feot for, whici: would have taken up 3 or 4 J-IoT'jfs, i: beinf: y or 10 Miles diftant. ^^. (As Sir John Mc'ai- :fs Bcfire.) Whether that d on board his, ihe Vice- i > m Evening vas not em; t Admiial's Admirars Ship, in getting proper Intelligence con- cerning Rochefort ? ' ' • *' ^ A. On the 24th in the Morning, the Day after the Attack of the Ifle of Aix, the Deponent faw his Signal out on board Sir Edward Hawke \ on which Major General Conway and he went away immediate- ly ; Sir Edward Hawke, on their coming on board, told the Deponent, Admiral Brodrick and three Cap- tains were gone reconnoitring for a Landing-Place, and he wiftied for their fpeedy Return. As that Sig- nal, which was out on board Sir Edward, was for the Rear- Admiral as well as the Deponent, being a Standard at '.i>e Enfign-StaflF, and the Veffels, which Admiral Brodrick had with him, were not in Sight, he begged of Sr Edward to make the Signal for all Land and Sea General Officers, which is the Standard at the Mizen Top- mail Head, that being moft dif- cernible at a Diftance, and to repeat firing a Gun every Hour, which he did : Before Four, Admiral Brodrick and the Captains returned, very much fa- tigued, and drew up their Report. After taking a Morfel of Dmnfcr they all got into their Boats and Vciic away to the Ifle of Aix (excepting Admiral Brod- rick) in order to colled what Intelligence they could fiom the Prifoners taken in the Fort ; a Number of the Prifoners were fent on board the Deponent's Ship, and examined, one by one, by General Conway, he fpeaking French, till near no' Clock at Night, when Sir Edward Hawke and Sir John Mordaunt went away ; and the Admiral declared his Intention of holding a Council of War on board the Deponent's Ship the next Morning, which was accordingly done. i^ Whether the Pilot of the Neptune was examined that Night ? A. He cannot remember. ^ Does he recolledl any thing relating to a Re- p rt, Captain Prchy made to the Admiral, of his having fpoke "-o a Dutch Mafter, in relation to the French having made great Preparations at Rcchelk and St. Martins? A, He ' thi • rej ' It. < e con- y after faw his which lediate- board, !e Cap- -Place, lat Sig- vas for being a , which 1 Sight, for all tandard oft dif. 5 a Gun \dmiral luch fa- :aking a )ats and al Brod- ly could mber of :'s Ship, way, he It, when It away ; olding a >hip the xamined to a Re- , of his to the Rcckelk A. He [ 87 ] A. He conceives, that is contained in the Mi- nutes of the Council of War of the 25th, among the Reafons affigned for the Opinion of that Council ; but in regard to what pafled at that Council, he in- formed the Court, that he took very exaft Minutes, which he has now with him, and he laid the fame before the Court, in Words following i viz, * Sir Edward Hawke*s Inftru(5lions read, dated 5th * Auguft, 1757, as far as is found pradicable C^««'^, * Intelligence if to be confidered, or believed be- * fore Trial.) ' Sir John Mordaunt*^ Inftrudions read — con- * formable to the other — dated 3d Auguji. * Letter from Sir John Mordaunt to Mr. Secretary ' P/V/,. dated 11 Auguji, 10 o*CIock at Night, Ifle * Wight, regarding contrary Winds preventing * the fudden Execution of his Majefty's Inftruc- * tions. * Mr. Secretary Pz7/'s Anfwer read, dated 13th * Auguji, — clear, as to Power of judging. * Mr. Secretary Pitth Letter to Sir Edward Hawke, * dated i^th September, — urging the Attempt for the * Deftruftion of Rochefort, and clear as to Limita- * tion of time. ' D^ to Sir John Mordaunt D. D. * Report — Admiral Brodrick. ' On Examination of Col. Clerk, all that could * be gathered is, that the Army are to march up ' to fee, i^ Rochefort can be efcaladed or not, but ' that all opening of Trenches for carrying on of a * regular Siege were not in his Plan for attacking 'it. * • Jjonville-^a. Ditch. ' Pilot Neptune — a Ditch and Sluices. ' Prifoners — Ditto — ^ Contra, and worked on For- * tifiications about a FortnighL 12 Broke up. ■ unfinifhed. p 4 It I "fl ill ■'I I 11: [ 88 ] .:...;• .. It being Three o'CIock, ADJOURNED till to Morrow at Ten in the Morning. •^'-r 1 Saturday 17th December, 1757. b:J'V THE COURT being met, and Vice Admiral Knowles not being yet come, The Following Letters of the i8th and 19th Auguft Jaft, from Captain Archibald Clevland to Jchn Ckvla?td^ Efqv Secretary to the Lords Commiffioners of the Admiralty, and proved by him to have been received on the 19th of the fame Month, were read by Defire of Sir John Mordaunt, "uiz, .. , ., j . " Gihr altar t Spihead, Auguft 19th, 1757. '' Sir, *' Be pleafed to inform the Lords CommifTioners " of the Admiralty of the Inclofed i I fhould have " fcnt it Ycfterday, but thro' Hurry I had miflaid it. ^' I am, * , - , ,:. • Sir, Your mofl Humble Servant, «( ♦* ARCH. CLEVLAND.' cc (( (C Gibraltar, Spiihead, Auguft i8th, 1757.* " Sir, On IVednefJay the 17th of Auguft, about 12 o'clock at Noon, I fpoke with a Dutch Convoy from Rochelle, there was two Men of War, one of 60 Guns and one of 44 GiTns, with c^c, Sail of Merchantmen ; the firft Lieutenant of the 60 Gun Ship came on board me, and told me, that the French cxpedled a Vifit from us at Rockdle^ but made no Preparation, *' I am *' Your mofl: humble Servant, ARCH. CLEVLAND. s> ♦* Lieut, •757- [89] '. ,■ . Lieut. William Roy Engineer" being fworn,' was afked, if he had as many Workmen as he chofc to have, how long Time it would take to throw up a Work of three hundred Yards, fo as to make ic ■ J ) 24 Pounders JingLarriages,comp.eatea< ^ ^ with Limbers, 6<:c. C ^ * 6 4 Ordnance [9°! . Ordnance Light: BrafE, mounted on travel- f ling Carriages, with Lim- J 6 Pounders bcrs, Ammunition,Boxes, I 3 — and Elevating Screws, [ Howitzers, < 5^ Inches r 10 Inches Mortars on their Beds, << 8 :: u "I i.4| Cohorns 2 2 20 bar Bo mi( the as the tha qu an( chi to Lieut. Roy being alked, what Number of Artil- lery Horfes there were ? Anfwered, He does not know exaftly the Num- ber, never, having feen the Return of them. Sir John Mordaunt informed the Court, the Num- ber of Artillery Horfes were Forty. The Honourable Major-General Edward CoRNWALLis being fworn, and defired to inform the Court, what he knows in regard to the Opinion of the SeaOffic€rs,as totheDifficulty of landing in the Night of the 28th,depofed,that he went on board t\it America^ the Ship appointed for the Rendezvous, about Ten or Eleven o'Clock that Night, and was there fome Time before Sir John Mordaunt came ; there were feveral Captains of Men of War on board, and the Deponent found by them, that the landing, in their Opinion, would be dangerous, almoft impradicable, and Madnefs in a Manner to attempt it. The Depo- nent had much Difcourfe with Captain How in parti- cular, who exprefTed himfelf with a great deal of Warmth, and feemed very uneafy at the Under- taking •, he faid there would be at lead fix Hours in towing, to get to the Shore againft a Head-Sea, and likewile five or fix Hours more before a fecond Em- barkation [9^ 1 barkatron could be made to fupport the firft ; that the Boats might be a confiderable Time under the Ene- mies Batteries, if they had any, the Men (lowed fo in the Boats as not to be able to make ufe of their Arms, fo as to make any Sort of Defence, and no Ships to protect them. Captain How faid, though he was not upon that particular Duty, yet he thought it of fuch Confe- quence, that he could not help declaring his Opinion, and that he would mention it to the Commander in chief, when he came on board. This likewife feemed to be the general Opinion, particularly Captains Denis^ and Buckle^ (hewed Diflike to the Attempt, After Sir John Mordaunt came on board the America^ and heard the general Opinion, as to the Difficulty of landing, he talked with Major-General Conway^ Colo- nel Howard, and the Deponent, on the Subject, and they all agreed, that the Attempt would be wrong as the Wind then was. Sir John Mordaunt thereupon ordered the Troops to reimbark from the Boats on board the Tranfports, many of them having been fome time embarked, and then ret rned on board the Ramilies. The Deponent (laid at his Poll, till it was Day- light, and until Sir Edward Hawke had ordered all the Boats to their different Ships again, and then went on board is own Ship the Pr:ncels Amelia, ^ (By the Court) Upon the 25th, if it had theQ been thought advifeable to land, would the fame Diffi- culties have occurred ? A. He does not particularly recolle<5lj as to the "Weather and the Head-Sea he thinks not •, but as f >r the Diftance of the Tranfports from the Place, at which it was intended to land, they were on the ift.i as far, and, he rather thinks, farther off. ^. At what Place the landing was intti'^ded to be made on the 28th ? A. In the Bay of Chaielaillon. ^ How many Days Frovifion were the Troops to take on Shore with them ? A. He thinks, Four Days Provifions. ^. At I nil IMAGE EVALUATION TEST TARGET (MT-S) fe // /. f/. 1.0 I.I [f IM liM in 1^ 2.0 1.8 1-25 1.4 III 1.6 ^ 6" ► V] 'W cm/'.^i^ ;v y: 'W /A '/ Photogr^hic Sciences Corporation 23 WEST MAIN STREL'T WEBSTER, N.Y. 14S80 (716) 872-4503 %%7^ ^ ^W^ ^^% <\<^ ^ ^ (5 [9^ ^ At what Time the Boats were ordered back again to the Tranfports and Men of War ? yf. He can't eafily fay •, thinks Sir Edward Hawkers Order for that Purpofe was about an Hour and an half, or Two Hours, after the Return of Sir John Mordaunt on board the Ramilies. i^. Whether the Purport of the Memorial of the Difpofition of the Troops oi France^ which reprefents ten thoufr.'id Men only upon the CoaH, from St. Va- lery to Bourdeatix^ was communicated by Sir John Mordtmnt to the Council of War of the 25th ? A. He can't recoHenSt •, he rather thinks not. • ^ How many Debarkations would it have taken to compleat the whole ? ■:-..< - A. The Boats, as he underftood, would have con- tained from ''500 to 1800 Men: and fuppofing all the Boats to have returned fafe to the Ships, the fame Number v/ould have been landed in the fecond Em- barkation, and by that Reckoning, it would have taken four or five Debarkations. ^ After the Soldiers were difembarked, whether jt would not have required another Embarkation at leafl for the Artillery, Stores, and Horfes ? A. It would haVvi taken, as he conceives, more than one Embarkation for the Artillery and Stores ; and the Horfes he doubted of their being able to land at all ; he thinks they muft have been landed in Long- boats, or fwam on Snore, if it could have been ef- fecledatall. '"^"••' ' •'" ' • •' ^ Would the Flux ar.a Reflux of the Tide have caufed any Alteration in the Matter ? A. He is not a competent Judge. i^. Did he attend the Cabinet- Council, or any of the Meetings, before they went upon the Expedition .? yl. He attended the firfi: Cabinet- Council. ^ From the Converfation he had there, did he not cxped great Affiftance from the Fleet .^ A. Yes, he certainly did; but they appeared at that Meeting fo totally ignorant of the Bay, of the Place Placl withi was oils OfficI ;i of n? ot at r93i Place of L'i'.^'ling, or of the Coaft, that it finrihed with fendin;,; for the Pjloc, (Thierry^ as he believes; it was a Pilot then at Spithead.) The other two Coun- cils he did not attend, being ordered to the Ifle of JVi^htt to take the Command of the Troops there, ^. Were any of the Admirals, or principal %a- Officers prefent at that Meeting ? ^^♦ *..v., ..rr.tvy A. Sir Edward Hawke and Vice- Admiral Ktiowk: were there. ;; ,v:i*i: -sicat « ^ (By Defire of Sir John Mar daunt) Was Ap- plication made at that Meeting for additional Strength of Artillery ? A. He can*t diredly fay, whether for more Artil- lery or not; fome Demands were made i bethinks h ■* f- i * VI for more Troops.- ^rbi^:- vvJi 3ud ,>-oj nii ... Lieutenant Colonel Murray, being again called in, was examined. ^ On the 29th, when he was ordered by Sir John Mordaunt to reconnoitre the Coaft, what Obfcrvations he reported to Sixjohn ? A. Colonel Howard^ Lieutenant-Colond Wolfe, Captain How, and the Deponent, went on board the Viper Sloop, which Sloop lay nearefl: the Shore in the Bay of Chatelaillon. They viewed the Coaft frori the Top of the Awning, (which is elevated above the Deck) and faw a Tent and fix Guns naked upon the bluff Point of Chatelaillon. From that Point to the Point Angolin they computed it to be about three Miles and an half, or four; all which afforded a good Landing ; but tiicre was a Ridge of Sand Hills, that ran from Point to Point quite along the Bay, within about forty Yards of High Water Mark, to the beft of his Judgment. Thefe Sand-Hills feemed to be about 25 or 30 Feet, in general, perpendicular Height, and capable of concealing any Number of Troops fr/om their Sight. They faw no Troops, • Redoubts, or Batteries,, (excepting the Battery he has mentioned) too;ipofe a Debavkation. The Captain of m 8. t 94 3 ^Fthe Vtper Sloop told themi that upon the 26th he h^d feen a confiderable Body of Troops, with feveral Pair of Colours, march along the Shore from Ro- chelk, and that they encamped in the Bay that After- noon behind the Sand Hills } which Sand Hills the Captain of the Viper called an Entrenchment ; that the Men went to Work the fame Afternoon upon thefe Sand Hills ; and the next Day their Tents were more covered, intercepted by the Work they had thrown up, and at laft they were intircly coyered> fo that he could not fee them from his Awning. That, however, the 28th, (the Day before their coming on board) he had feen then! from his Main-top ; but that Captain How had been that Morning of the a.9th to his Main- top, but faw neither Troops nor En- campment. . Captain Cooper, Commander of the Ship that laid next to the Fiper S\oop^ told them he had feen the Troops from his Top-gailant-maft-head that fame Morning, that being an higher Ship.-^Ftom the Fiper Sloop they rowed into the Shore, as near as they thought it prudent ; but faw nothing more from the Boats, than they had done from the Awning of the Ship. When they returned, they reported this to Sir John Mordaunt, and, as he remembers, alfo mentioned to him, that the Ground beyond the Sand- Hills was fuch, as Cavalry could aft in. ^ At what Time of the Day did they make this Keport to Sir John Mordaunt? A. About Five o'Clock in the Afternoon of the 29th ' ^ (By Defirc of Sir John Mordaunt j As he recon- noitred that Coaft, what Number of Troops, under a good Officer, does he imagine fufficient to have de- fended the Bay of Chatelaillon againft their landing, had it been attempted ? ^. It is Matter of Opinion, and depends greatly on the Capacity of the Officer j he thinks, againft two thoufand iVIen, which he believes was the whole Number the Boats could have embarked at once, one Batallion of Infantry, and two Squadrons of Dra- 2 goons, . t95l goons, with fix Field-pieces, might have rendered their landing ineffeftual, had it been 'made on the 29rh, when the Wind was as ftrong, as it was on the 28th. — In his Opinion, if the Wind Was to the Wcftward, they could not have landed at all. ^ (By the Court) How near it was neceflary for the Boats to have gone to the Bx Piccco of Cannon mentioned in his Evidence ? A. Had they gone down to the Jng^iUn, they might have been intirely out of the Reach of the Guns, and had they gone diredly under the bluff Point, Ihey would not long have been anhoyed by them. ^ Did he ever hear, how far it was from Rocbelle to the Place, where they were to land ? A. From the Point of AngoUn does not appear to be above three Miles from Rochelk^ as far as he could judge from the Eye, and from the Map he has feen 5 but to the Cod of the Bay, believes, about five Miles. ^. Whether the Captain of the VipeV mentioned theNumber of the Troops he had {ttti ? A! He thinks the Captain mentioned having leeh fix Colours*; he can't take upon him to fay, whether he mentioned how many Troops. ■,rA\ .,\;-* Major-Gineral Cornwallis was further ex-, ammed. < " ♦ ^. Whether Sir John Mordaunt did fummon af( the Land-Ofiicers of the Council of War to corifider of a Letter of Sir Edward Hawke^ propofing a Return to England? A. On the 29th of Sept ember ^ the Deponent re- ceived a Letter from Sir "John Mordaunt in the Middle of the Day, dcfiring he would attend him that After- noon on board the Ramilies. The Deponent went accordingly, and after having been there fome Time, Sir John Mordaunt (he believes it was then about the Hour of Seven) fent in for him and Colonel Howard^ Major-General Ci?««;<2jy being already with him. Sir John told them, that he had received a Letter from Sit Edward Hawke, which he gave the Deponent to read. ji I • [96 1 rea^il, and which he believes ta be the fame, as no\^ produced in Court, viz,' :\' ^K'^'^ :.;'". *' ''' ^^'f'^ rfsii^' ''"'t '" "i "'"7 'C "■' » "" r'W'" 34 "^ :•?• ,. f , ',."■ ' V '■* R'amiiiesy BafgueKosiay Sep(. 2d, I757/ ^^''<' s t R, ';; " Should the General Officers cf the Troops liavfe' ** no farther military Operati9hs to propofe, confide- " rable enough to authorize my idetdiriirig the Squa- " dron under my Command longer here, Tbeg Leave " to acquaint you, that I intend to proceed with it " for England without Lofs of Time. ' "'• '•'*'^' "■''■^^•' ^ ^ ; « I am, SI R, *, ' •* Your mofl: Obedient, To Sir yobrt f / ," Mod Humble Servant, i'yj -'{'iffy ■f^-i'* Mor daunt* 1 •a'>'"^b ■•'.'.i^ A « E D. HAWK £.** And he alked the Deponent's Opinion, as alfo that of the others, what was proper to be done upon it ; the Deponent told Sir John^ he knew pretty well his Opinion ; for that he had cohftantly been agmnft landing, fince the Council of War of the 25th, and that every Day and every Hour they ftaid» he (hould be more and more againfl: it ; that there was no Ser^ vice of Confequence to be done, and therefore he was of Opinion to return. '* ^ Did they not all unanimoufly concur in Opi^ nion to return ? , . ;,; >• -^vo .; .. A, He thinks Major-General Conway did helitate upon it i but did afterwards come into the general Opinion for returning. ^. (By the Court) Whether Sir Edward Hawke was on board at the Time ? J, He was on board i but not prefent at the Council, or Meeting. • " ^ Were not they, who were ailembled, the four' Officers appointed for the holding Councils of War at Land ? • . ' A. Yes, as he underflood it. " ^• ' '* ' •"*' ''' ' 'I. ..^- . '^ "■ fio-i, ..; • >. >'>v.v^.ii-r.<-- -I :<:ri , -'-^ Can four War Can -- 147 1 ^ Can lie give any Reafon, why ttie Admirals and the elded Sea-Captain were not at that Council of War? yf. He cannot* j^. Did Major-General Conway, when he heTitated^ ' urge any Objections ? A. He thinks nothing new, or that tended to con- f vince the Deponent at all*, he did not propofe anyi' Operations, as he remembers. ^ What was doing the 26th, and 27th ? y/4 A Propofal wa<» made, as he believes, on the 26th, is not fure, by Major-General Conway about landing on the Ifle of Oleron\ Sir Edward Hawk§ made Ibme Objedion •» the Deponent likewife was of a diiferent Opinion, as thinking it tended to nothing of Confequence. - :» ^ [J^^ Sir John Mordaunt*sDtCire) What was his, ' Sir John Mordauttt\ Opinion at that Confultation ? ^ A Sir John Mordaunt faid, that, if it was the gene- ral Opinion, he ihould concur in it. In regard to the 27 th, the Deponent informed the Court, that he received a Meflage from Sir John Mor-^ daunt that Day, to come down to the Ifle of Aix ; he accordingly went there in the Morning, where he met Sir John Mordaunt, with Sir Edward Hawke, Vice- Admiral Knowles, and Major-General Conway, (whe- ther Colonel Howard was there, he can't fay) they feemed to be employed in viewing Fort Fouras with Spying-Glaflcs and Telefcopes, to fee what they could make of that Fort \ the Deponent could make nothing of it himfelf at fo great a Diftance, fo as to form any Kind of Judgment about it. After having been there fome Time, the Deponent aflced Sir John Mordaunt if he had any Commands for him, and Sir John an- fwering him, that he had not, he returned on board his own Ship. ^ (By Sir John M?r^(««»/'s Defire) Did he receive a Summons that Evening to attend a Council of V/ar the next Day, to confider of an Attack of the Forts on the Mouth of the Cbarente ? G A. nt v< [98 J A. He did receive aSummons to attend a Council of "War the next Day ; can't fay no,w, what it contained. ^. (By the Court) While they were at Jix on the 27th, was there any Confultation between the Gene- rals and Admirals I . A. They did at Times talk together, but the De- ponent did not hear thatDifcourfe j there was no ge- ral Confultation. ^ .. . Vice-Admiral Knowles was again called in, and ic being obferved to Sir J.ohn Mordaunt, that the Mi- nutes of the Council of War, which fpeak only in gtneral Terms of *' feveral informations received of *' Troops aflembled in the Neighbourhood," would npt be fufficient to eftabljlh any particular Intelli- gence, he might think material for his Defence, Sir Jphn Mor daunt defired, that his Queftion of Yefter- day might again be propofed to Vice- Admiral Knowles^ viz. ^ Does he recolleft any thing relating to a Re- port made to the Admiral by Captain Proby^ of his having fpoke to a Dutch Mafter, who informed him, that the French had made great Preparations at Ro- cbelte and St Martin's? -The Vice- Admiral anfvvered, that he cannot parti- cularly charge his Memory, who it was that was men- tioned to have given the Report -, but that Sir Ed- ward Hawke did deliver in feveral Papers of Intelli- gence, which he had gained during the PaOage j and amongft them mention was made of the Enemy's having Knowledge of their Approach •, and it was naken for granted at the Council of War of tire 25th, that the French had Intelligence of their Defigns; and the Deponent is confirmed in their having a Know- ledge of it ztBreJi, bcqaufe.he read feveral Letters taken in the Emerald^ the Southampton*^ Prize, giving an Account thereof, and of what Preparations the French vitrt making. t t 5 <-x\Mi-'-^:.': i^^'^is^- i <^ : . Being defired to explain his Anfwer, whether from the intelligence he refers to, he underftood, that the l.i.#.^ , » French )arti- nen- Ed- elli- and my*s was 5th, and iiow- ttcrs 'ing the t 99 ] .^ French had Knowledge of any particular Objeft of this Expedition, or whether they apprehended fomc Attempt upon their Coafts in general ? and whether the Preparations were confined to Brefl, from an Ap- prehenuon that the Armament might be intended againft that Place, or whether they were general along theCoaft? He faid, that he cannot be certain, as to the whole of the Intelligence ; but from thofe particular Letters taken in the Emerald, he underftoocf, that the French had Notice of a Defign fomewhere upon the Coaft, and were making Preparations in general. Some of the Witneffes having mentioned Vice- Admiral Knowles as being prefent, when a Difcourfe was had by Sir Edward aawke^, touching an Attack intended to be made upon Fort Four as by Sea, he was defired to inform the Court, what he knows concern- ing that Intention, or the Pradbicability of fuch Attack : Sir John Mordaunt defiring, that unlefs the Anfwer tended to make either for him, or againft him, it might be waved, as it would prolong the Trial,— Vice- Admiral Knowles took that Opportunity of de- fclaring, that if he knew any thing againft Sir Johny he would declare it publickly, and not bring it out by Piece- meal ; but that he does not : On the contrary, he does in his Confcience believe. Sir John has done every thing, that becomes an experienced General, to the beft of his Judgment, for the Service of his King and Country, and would have done more, if it could have been done :— The Vice- Admiral then depofed in Anfwer to the Queftion, that after the Surrender of the Ifle of Aix Sir Edward Hawke told him, the Pilot of the Ship Magnanime had offered to carry lier in, to batter Fort Fuuras ; he does not recoUedt, at what Diftance ; the Deponent obje(5ted againft the Magnanime, as (he drew at leaft a Foot more Water than the Barfleur, and propofcd that Ship inftead of her, as being of greater Force, as well as an old Ship, and her Lois therefore immaterial. Sir Edward Hawke directed the Pepo- G 2 pent ■ liii [ 100 J nent to have the Barfleur lightened immediately for that Purpofe. When he returned on board his own Ship he diredlly fent for Captain Graves of the Bar* fleufy and told him Sir Edward's Intention ; the Cap- tain reply*d, his Ship was on Ground, where fhe then laid, being, to the beft of his Judgment, more than five Miles diftant from the Fort. He has fince heard, that Colonel Brudenell was on board of her at that Time. Upon this feveral Mafters, together with Pilots, were direfted to go founding, particularly the Mafter of the Barfleur, and of his own Ship the Neptune. On his acquainting Sir Edward Hawke with the Impraflicability of getting the Barfleur in, and the Mafters having made their Reports of the Soundings, that Intention was laid afide, as impofTi- blCe Some Days after, he can't be pofitive, but be- lieves after the firft Council of War, Sir Edward direfted the Deponent to carry in the two Bomb- Ketches, to try to bombard the Fort i the Deponent immediately gave their Captains Orders fo to do, and directed the Pilot of the Magnatiime to conduft the Internal Bomb in, and the other to follow. In at- tempting to get in, the Pilot ran the Infernal aground, where (he laid fome confiderable Time; two Row- Galleys, feeing her alone (for Ihe had out failed the other Bomb, and was at leaft two Miles from her) made to attack the Infernal, which the Deponent perceiving haftcned on board, and gave a Signal for all the Boats, mann*d and armed, to go to her Af- fiftance, and went himfelf in the Coventry Fri- gate i on which the Galleys retired, after firing a great many Shot at the Bomb-Ketch.— When the Ketch was on Ground fhe was a long Way without the Reach of her Shells, with the greateft Requifite of Powder (which he knows will fly two Miles and two thirds) having thrown feveral, which fell great- ly Ihort. The Coventry, in attempting to get to the Bomb, ran on (hore five different Times.— After the Tide had flowed, and the Bomb-Ketch floated, fhe got under Sail again, fnd, worked nearer to Fouras^ as JtiUil as near as her Draught of Water would let her, and then threw fcveral Shells more, none of which did reach. — He added, that he is confident, if it had been in the Power of Man to have' got any Ship or Veflel in for that Purpofe, Fort Fouras would have been attacked by Sea by Order of Sir Edward Hawke ; and the Deponent, in Conformity to his Commands, would have effedled it. — Likewife in regard to a Pro- pofal, that has been mentioned of attacking Fouras by Land at the fame Time it was attacked by Sea, as an Officer, he declares it to be impofTible, becaufe the Shot from the Ships, which milled, would have cut the Army behind it to Pieces. The following ExprefTion being obferved in the Minutes taken by Vice- Admiral Knowles zixht Coun- cil of War of the 25th, as by him laid before the Court Yefterday — " Pilot Neptune^ a Ditch and *' Sluices — Prifoners D". and contra^^ he was de- fired to inform the Court, whether any of the Pri- foners examined at the Council of War denied the Circumftance of a wet Ditch, or of Sluices ? — To this he anfwered, thatfomeof the Prifoners afTerted,' that there was a wet Ditch all round, and fome that there was not ; but does not remember any f«iid pofi- tively, there were not Sluices. --■.■--■'>' ■ .•. , =f i^ As his Minutes Ihew him to have been very ' particular in regard to the Proceedings of the Coun- cil of War of the 25th, can he recoiled, whether the Import of the Memorial, giving an Account of the Difpofition of the French Troops, produced at a Cabinet Council in London^ was communicated to that Council of War? A. He cannot rcco!le(5Vi • - " ^. Whether 'Thierry was pitched upon for con- ducing in the Bomb-Kftch, as the belt Pilot? A. Yes. ^. If Thierry the Pilot had been loft, had they any other Pilot, who knew that Part of the Coaft ? A» None. .; Ga • . : ■ .. sir II ' [ >02 ] Sir John Mor daunt acquainted the Court, that he fhould not trouble them with the Examination of any more WitnefTcs, but delivered a Paper containing a few Obfervations, which he defired might be read. Colonel Wolfe being made acquainted with Lieu- tenant Colonel Murray*^ Evidence, in regard to Troops feen on the IQe of Rhe from the Poop of the Ramilies on the 23d September, which Cir- cumftance is not mentioned by Colonel Wolfe, who is faid to have been in Company ; as alfo in regard to Veflels being feen to pafs from the Ifle of Rhe to the Continent, or from the Continent to the Ifland, faid, that he does recolledt feeing fome Troops through GlaiTes, and thinks I ike wife Colours ; but did not attend to the Matter fufficiently to be fo par- ticular, as Lieutenant Colonel Murray has been. Then the Paper delivered by Sir John Mordaunt was read, agreeable to hisDefire, inWords following j ' My Lord, * Before I put a final Conclufion to the Trouble, I have given the Court, I hope you will excufe my detaining you a few Minutes longer j in order to make fome Obfervations that have occurred, and which I have ordered to be put together, during the Courfe of my Proofs. ' By a Queftion afked one of my WitneflTes by the Judge Advocate, it feems, as if he thought, I could have called a Council of War upon the 24th ; but I dare fay it will be remembered, that the Time of calling a Council of War was not prefcribed by my Inftrudions, and therefore I can be guilty of no A6t of Difobedience in calling it at that Time, which I thought mod proper for obtaining tha End propofed by it. It cannot have efcaped the Court, that it is proved, that the Afternoon and Evening of the 24th were employed in en- deavouring to gain Intelligence necefTary for our. Adions, or Delibera ons. And the Court will al- fo remember, that the Members of the Coimcil of * War c c « c c ( « ( « c fo^ c c t c c ( c c < c ( c i ( c c c c < ( ( ( c ( « < c c ( t ( c c t [ 103 ] War were on board fevcral Ships at many Miles diftant from each other, and Colonel Howard at tho Ifle of y^ix i but indeed A^jniral Knowles h »s com- municated to the Court the DiiHculties, or rather the ImpofTibility, of alTembling a Council that Night, if it had been wanted. '» * 1 recollcft, that Mr. Pitt mentioned a Circum- ^^nce, of which it may be expected I fhould take fome Notice ', which was, that the Paper produced by him, containing the Number and Employment of the French Forces, had been confirmed by fub- fequent Intelligence. ' - . . * * Colonel Clerk too, it may be proper to obferve* faid, if I recolleft It right, that fcveral People^ whom he had feen fince his Return, had confirmed him in the Opinion he had firft formed of the State of Rochefort. ' If Obfervations of this Kind had been propofed by the Judge Advocate to have been given in Evi- dence, I Ihould have objeded to it, as improper. Evidence. What Mr. Pitt alluded to, has not been ' explained, nor laid before the Court, and like Mr. Clerk*s Difcourfe confirming his Opinion, is ail fubfequent to the Tranfadlion now under Exami- nation : It is awowedly fubfequent to our Return, and therefore could never operate upon my Con- dudl^^nor influence the Judgment I was by his Ma- jefty*s*'Inftru<5ti,ons to form upon the Spot. It feems therefore prepoflierous, to make that Evidence of Difobedience of Orders, which mull relate to fuch Opinion, as I was able to form before thefe Fafts were known. My Judgment can only be tried by the Proofs, on which it was formed. If the Judg- ment was upright upon thole, it can never be made otherwife by other Proofs, not then in my Power; befides, the Court will aifo confider the Ab^irdity of admitting fuch Evidence ; for, if the prefent differs from that obtained upon the Spot, Intelli- gence flill. fubfequent may* hereafter be obtained ' ' 1 to contradict the prefent. G4 Ai'io- [ 104 ] « Another neceflary Obfervacion fcems to be, That the Refolution of the Council of War of the 25th was notv That it w^s imprafticable to land, but that fucb an At tempi ^ that is, an Attempt to land in order to attack Rocbefort according to the fe- cond Inftru<5tion, was neither advifabje nor prac- ticable. ' I have heard, that feveral Perfons have men- tioned Efcalades fucceeding during a Siege, but I am fure this Court will remember, that, in all fuch Inftances, Surprize has been cflential to the Succefs. * Capt. Ckvlandh Letter fhews, that the French expected a Vifit upon their Coafl-. Indeed at Ro- chelle they feemed to have had no Fears about it j they made no new Preparations upon that Account ; they are' known to have been fufficiently fecure without them. * I think I fcarce need remind the Court, that, as it was not the Intention at home, that Rocbefort Ihould be attacked any other Way than by Sur- prize or Efcalade, fo the Artillery, (ic, were not defigned for, or adapted to a regular Attack. The Horfes did not, in Fad:, exceed forty. * This Court will pleafe to remember, that the 26th, 27th, 28th, and Part of the 29th, were employed in the Demolition of the Works of Fort Aix^ according to the Inftrudtions, to demolifli ' all the Works we fhould make ourfelves Matters of. :: ' This Province was affigned to Admiral Knowks, ' How the Generals were employed, Major- General ' Cornwallis has juft given an Account.' * I have now finifned the Evidence I propo'ed to ' lay before the Court. I hope I have anfwered every ' Part of the Charge made againft me. It is a very ^ heavy Charge — A criminal Difobedience of his ' Majefty*s Orders. * It does not lie upon me to impeach the Propriety ^ of the Equipment : It might be proper to be made, f iho-'gbit could not be fgccefsful, ■ - ■ .^arv- - ■ '■ •: 'I c « full * in c ' thJ « aa * tei ' to « Ai < * Re| * in « tio ' Di I ' ' [ 105 1 . ; * * I did every Thing in my Power to execute faiih- * fully the Inftrudions given me ; the Truft repofcd ' in nie. « The Court perceives by the Inilruftions, that * upon the Spot, with the Afiiftance appointed by ' the King for me, I was to judge of the Fitnefs of ' acting, — of the Pradlicability of making the At- * tempt, before I piit the Flower of the Britijh Troops * to Hazard, or rifqued the Honour of the Brittjb « Arms. '^« i' • ■ ;'.t: i,^ * The Subjeft was important; I had therefore * Recourfe to thofe appointed by the King to afllft * me. * We could not be ignorant, that our Judgment * would be unpopular-, but it was our Duty to take ' Care that it (hould be honed and becoming Officers, ' Upon that Judgment I ftill rely ; it was formed * in Purfuance of the Power given by the Inftruc- * tions, and can never, I apprehend, be deemed a ' Difobedience of them. ' There have been many Inftances of Officers tried ' (perhaps too for fuppoffd Difobediencej when the ' genuine Complaint was, that they could not be fuc- ' cefsful. But 1 have this Satisfaction, that as my ' Defence refts upon the concurrent unanimous Opi- * nion of all the principal Officers employed with * me, fo the Caufe of Commanders in Chief tried * in my Name, is to be determined by Officers, who * have Ability to difcern the Juftice of my Cafe, and « Senfibility to feel the Delicacy of it. « With thefe Sentiments I fubmil myfelf to the < Judgment of the Court." , THE JUDGE ADVOCAl E briefly fubmitted to ihe Court his Opinion, that fubfpquent Confirmations of Intelligence, as they could not have any Influence on the Refolutions, when taken, are not proper Evi- dence •, and, if any fuch have appeared, in the Courfe of the Proceedings, on either Side, they ought un- queftionably to be laid out of the Cafe. "With re- gard !. V\ -./-^ [ io6 1 ^ - gard to Lieutenant Colonel Clerk's Evidence, he does not recoiled any Mention of Information obtained by him, fince his Return to England, either in Con- firmation, or Coatradi(5tion of his former Account of Rocbefort. But the Argument urged by Sir John Mordaunt in the Beginning of his Defence, againft the admit- ting in Evidence that Intelligence, which was com- municated to the Coinmanders of the Expedition at the Cabinet Council in England, he conceives to be without Foundation, as it is not produced as Evidence to prove any particular A6t of Difobedi- ence (the E idence of the fuppofed Difobedience in this Cafe being the Notoriety of the Return to Eng- land, without having attempted a Defcent) but is on- ly introduced to fhew the Pradicability of the En- terprize \ and it would be as unreafonable to fet afide this Intelligence, when the Queftion turns upon the Pradlicability, as to deprive Sir John Mordaunt of the Ufe of any Intelligence received previous to their failing from Spithead, or of the Argument raifed from the unavoidable Detention of the Troops in the Ifle of JVight \ which Circumftances were equally known to the Government, and both previous to the Orders fignified by Mr. Secretary Pitt in his Letters of the 5th and 15th of September. As to the Ufe endeavoured to be made of Port VOrient being permitted to remain in the Inftruc- tions, (though the Minillry feemed to have given, up the Thoughts of an Attack upon that Place; in or- der to govern the Conftrudion of the other Article of the Inftruftions, which relates to Rocbefort^ the Latitude or Power of judging being exprefled by the Word pra^icable in both Articles, — The Judge Advo- obferved, that there is a manifeftdiftindion, — TheAr- ticle relating to Rocbefort, directing an Attempt with a View to that particular Objcd, if found prac- ticable J in the other Cafe, Port IJOrent and Hour- deaux are recommended, as the moft important Ob- jcds ^y. [ 107 ] jeds of his Majefty's Arms ; and it is Ordered, that an Attempt fhould be made, fucceflively, on both, or either^ of thofe Places, as fhould ht judged praSfi- cabUy or on any other Place that fhould be thought moji advifable^ from Bourdeaux homeward to Havre : . the Judgment of the Prafticability being evidently intended to be made, upon the Spot, by the one Arti- cle, and not fo, by the other. As to the feveral Arguments, which go to the Im- prafticability of a Defcent only, he fubmitted to the Confideration of the Court, whether they are not al- together defeated by the fubfequent Refolution of the 28th oi Sepijmber, whereby the landing is determined not only to be pradicable, but advifable, f>nd to be made with all polfible Difpatch ; efpecially as no ma- terial Intelligence had in the mean Time been gained, which fhewed Fort Fouras to be more afTailable on the Land- fide, than they had before Reafon to ap- prehend. He alfo recommended an Attention to the Dates of the feveral Refolutions and Proceedings, as nothing but what was anterior to the Council of War of the 25th, and known at that Time to the Commanders, can be confidered as having any Effe6t upon that De- liberation, and therefore on the one Hand, all Troops feen from the Viper Sloop, — the moft confiderable Number (being from 800 to looo) feen by Major General Conway, — and all other Obftacles fubfequent to the Date of the 25th, will be laid out of the Cafe ; as will on the other Hand the Confirmation of Lieutenant Colonel C/i?r/^'s Opinion, obtained fro n the French En- gineer, on the 26th ; which Circumfl:ance alone, llip- pofing 'the Refolution taken on the 25th, of laying afide the Defign upon Rochefort, to have been juftifi- able and right, can hardly be infifl:ed upon as a fuffi- cient Motive for reviving that Confideration. Adjourned till Monday, the 19th Inflant, at Ten ©'Clock in the Forenoon, ^li I } By J El MONDJl"^ t loS ] . I ^h- '^' MONDJr, igtb of DECEMBER, 1757. The Court met according to Adjournment. Some Members hearing that Admiral Sir Edward Hawke is arrived in Town fince the laft Sitting of this Court, exprefied a Defire, that he fhould be examined, as a Wiinefs, upon this Tryal for their fuller Informa- mation j and Doubts thereupon arifing, whether, the Evidence both on the Part of the Crown and of the Prifoner being ended, the faid Sir Edward Hawke ihall now be examined as a Witnefs ? The Matter was fiiliy deliberated upon, and' the Qiieflion being put, it was refolved in the Affirmative. Ordered, That Admiral Sir Edzvard Hawke be de- filed to attend this Court To-morrow Morning at Ten o'clock. Ordered, That Lieutenant General Sir John Mdr- daunt liave Notice of the above Refolution of the Court i and that he will be at Liberty to propofe any Queftions, he fhall think proper ; as likewife to pro- duce any Witnefles, to obviate or explain any Evi- dence, which may arife from the Examination of Sir Edward Hawke. - The Court perufed and confidered the Minutes of their former Proceedings, until the Hour of Three, And then Adjourned till To-morrow Morning, Ten o'clock. >_. . . > . '-: . -^ * ^ w,.,. , ■■...7 .,v./..;vi.. e J. He does not remember, that a Landing-place Was talked of, and that it was propofed to land the Troops either on one Side, or the other, of that fmall Neck of Land, which runs up near Fouras towards Ro- cbelle : Thierry, the Pilot, faid,he fuppofed there might be a Landing-place there, or thereabouts j faid; as he thinks, if they could not land on one Side, they imight land on the other •, and the Deponent believes, it was farther faid, if they Ihould not be able to land there, that poflibly a Landing-place would be found upon founding and reconnoitring theCoaft, fomewhere thereabouts. The Deponent juft now recollefts, ano- ther Place was talked of at the Council in London, which was from Fouras towards Fort la Point, where feemed to be a little fandy Bay, which was at firft judged to be a Landing-place ; but little ftrefs was laid upon that, for he believes, upon confidcring it, it was thought otherwifc. "y "'■' "^^^ ^r "J >SV ■ (C ^. Whether ^ Whether the Place propofed by Thierry the Pi- lot at the Council m London vt^is reconnoitred, and Soundings made thereat, and whether it proved to be a Place proper for landing ? A. His Order, directed to Admiral Brodrick and the three Captains, was to reconnoitre the Coaft from Point du Chi, near Rochelle, down to Fort Fourasy which includes that Place ; and their Report mentions no other Landing-place, than Chatelaillon. ^ m- - ..'. ^ Whether they had any other Pilots on board the Fleet tolerably well acquainted with that Coaft ? A, They had Pilots capable of carrying Ships into the Bafque Road, provided the Weather was clear, and they could fee their Marks upon the Ifles of Rbe and Oleron, but had he not had thofe Pilots, he would have ventured to carry the Fleet into the Bafque Road himfelf ; the Chart of the Neptune Francois, which is well fet down, would have afforded A ffiftance therein. ^ Whether Thierry was looked upon, as a Ikilful judicious Pilot, and thoroughly acquainted with the Coaft near Rochefort ? A, Thierry was looked upon to be a good Pilot for the Road, and for the anchoring of Ships both in the Road and about the Ifle of Aix -, but, from what Ob- fetvations the Deponent made, Teemed to have very little Knowledge of the Shore j believes, he never was upon every Part of it j and it appeared to the Depo- nent at the Council in England, that he was not ac- quainted with every Spot of Ground -, thinks, the Pi- lot himfelf mentioned, only, having been on Shore fomewhere near the Fort. ^ As he attended feveral of the Councils before he went upon the Expedition, was it believed, that Troops could be landed in fmall Bdats either at Cha' telaillony or near Fouras, under the Protection of the Ships ? ■ A. He does now recolle<5t the Pilot faid, '* If you can't land at thofe Places without being annoyed from the Forr, you will probably find a Landing- place abouc Chatelaillon 'i* but don't remember, * 2 that C( t( (( that the Pilot cleared up to the Council, that the Pti* gates could come near enough to the Shore to protcdt the Landing. ^ When they came upon the Spot, did they finB It poITible to bring the Men of War near enough to the Shore to prottd the Landing ? yf. Certainly not. Q. Mention having been made by Vice'-Admiral Knowles of the Council of War of tht ••5th having broke up at 12 unfinifhed, — At what Tune did that Council of War meet, and how long they fat ? qA, He, with Sir John Mor daunt ^ went on the 25th early in the Morning on board the Bepune^ and the Refult of that Council was not adlually Bni Hied that Night ; they had chiefly come to a Refolution over Night, but the Refult was wrote out fair, and figned on board the Deponent's Ship the next Morning. . ^ What Time, he imagines, it would have taken xip to have made the whole Landing of the Troops ? ^ A, That at the laft Council of War, in which it was determined to land, he made a Propofal to the General Officers, in order to fave Time, that, if they approved of it, he would immediately order all the Tranfports as clofe to the Shore, as they could poffibly go, and the Frigates within them, at the Place where the Troops were to land, that they might get on Shore "with the greater Expedition : This Propofal was fc- conded by Mr. Knowles, and by the relt of the Sea- Officers, but was objedted ' to, principally by Major- General Conway, who urged, that to fend the Tran- fports in there in the Afternoon, would point out to the French the Place, at which they intended to land j he does not remember Sir John Mordaunt faid any thing on the Subje<5t, and thence concluded, he agreed in Opinion with Major General Conway. The Depo- nent explained, that the Frigates were meant as a Pro- tedion to the Tranfports, to prefcrve them from be- ing fired, or r,eceiving any Injury. He remarks one other Thing, that although landing Troops in the tx Night over one the [ "3 ] Night is Againft his own Opinion, as Men are liable to Surprize, and many Accidents, where they do not know the Ground, yet he fubmitted that to the Gene- , ral Officers, as fuppofing them much better Judges of it than himfelf, and made no Objedion thereto ; but with a View that the greater Expedition fhould be made in landing the Troops that Night, he gave Or- ders to the Agent of the Tranfports on board his own Quarter-deck, and to one or two of his own Lieute- nants, to go on board the Tranfports, with a pofitive , Direftion from him, that at the Inftant the firft Body of Troops was gone from the Ships, the Tranfports fliould get under Sail immediately, and run clofe into the Shore j where the Troops were to land, in order that the fecond Body of Troops might be landed with much greater Expedition than the firft. The aforegoing Queftion, viz. " How long, he ima- " •' gines, it would have taken up to have made the " whole Landing of the Troops," being repeated . with this Addition^ " at any Time, fuppofing ail " Gircumftances the moft favourable" ? The Admiral faid, he cannot anfwer that Queftion with any Sort of Certainty ; they might have landed. \vith great Expedition, had the Tranfports been as near, as they could get to the Shore. ^ Would not the Flux and Reflux of the Tide have made an Alteration in the Time of Landing ? v1. it certainly would -, it would not have taken the feme Time, had the Tranfports got under Sail, and ran clofe into Shore. ^ Whether any of the Officers made a Report to him, that they had delivered his Orders on board the Tranfports.* relative to their getting under Sail ? A. To the beft of his Remembrance, they did ; the Agent of the Tranfports particularly, as he re- members, told him, that he had -, and he cannot doubt of their having been delivered, as he gave out thofe Orders in Perlbn, (which is not ufual for the Admiral) on Purpofe to give them more Force, and that they might be the more fully underftood. ^ , -• ' ik' '■ ' ^. As f [114 1 ^ As the Court has been informed of Flfty«one light Horfe, and Forty Artillery Horfcs being on board the Fleet, and as the Tranrporcs could not come near the Shore, whether it was praflicable to difem- bark the Horfe ? • <* ' .»rt* y^. The Tranfports would have come within a tolerable Diftance of the Shore about High- Water, but he underftood the Horfes were to be put into the Longboats, and towed on Shore j which he appre- hends would have been efFetted without any great Difficulty ; but he knows very little of difembanting Horfes, never happening to have fecn any difcm- barked. ■ * ^ ^ What was his Objeftion to attending a Coun-* oil of War on the 29th of September ? A. He can only fay, he never was prefled to it by Sir John Mor daunt \ he never did deny a Council of War to Sir 'John with a View to diftrefs him •, but when he faw the Troops did not land the Night of the 2 8rh, and Major General Conway, with Colonels ' Wolfe and Howard^ having reconnoitred the Coad over again on the next Day, and no Application then made to him to land them, he was thereby in- duced to write the Letter, he did to Sir John j not in the leaft doubting, they had good and fatisfaftory Reafons for it, and fuppofing the General Officers to a6t with the fame View as himfelf, that of doing their- Duty to the beft of their Judgment., >n>f;m j U x eg. (By Sir John Mordaunt's Deftre.) Did not he, bir John Mordaunt, the very Morning of the Day, on which they came to a Refolution not to land, fpeak to him about having a General Council, of War, and did be not return for Anfwer, that there was no Occafion for the Sea Officers, as it was. a Land Operation only ? "^"-^ "aY A. Yes •, he recoUcfts, it was about Noon, (when he fpoke to Sir John to the fame Purpofe, as he after- wards wrote in his Letter.) — • — And his Reafon for it was this, that he always looked upon it to be his Duty, as Admiral, to convoy the Troops to the Road ,. of «( «( [ 115 1 of Bafynff And thptt, if poiTible, to find out a Land* iDg-plac« for them, and, in cafe of their landing, to giye them all the AOTiftance in his Power for that Pur* pofei but with refpcA co the Queftion, ** Whether <' they fhould land, or not land" (tho* he would have figned to any Propofal he thought right, and, would have acquiefced in any juftifiablc Meafure, yet) he conftantly thought, it was the Part of the Generals to determine that Quel^ion by themfelves, nor fhould he have given Sir John the Anfwer he did, but from its being his fmcere Qpinipn i — he looked upon them to be good and gallant OfHcers, and Officers of Ser- vice, and therefore could not but fuppofe they were infinitely better Judges of their own bufinefs, than he <;ould be. It was fr^ni the fame Opinion of their Knowledge in their own Profsflion, that he alTented to figning the Refolutions of the firft Council of War, *'- That it was not pradlicable to take Rochefort by •« Efcalade," and he at that Time expreffcd a Defire, that the Land Officers fhould give their Opinion by themfelves, as he thought it a Matter of Judgment, which merely related to them, and that the Sea had nothing to do with it, farther than telling them, they had found out a Landing-place, and were ready t6 land the Troops, if they thought proper, and to give them all the AfTiflance in their Power. — When the Deponent mentioned this. Major General Conway faid, as he remembers, *' Why really I am of Opinion, " as Sir Edward Hawke fays, it is a Matter of Opi- *' nion of our own ;** but in Confidence of the Abi- lities of the Generals, he neyerthelefs acquiefced in their Opinion, of thelmprafticability of taking Roche- fort by an Efcalade or Storm ; however, though he afTented to the not landing upon that Footing, he did not give it, as his Opinion, that the Troops fhould not land at all, for any other Attempt, which the General Officers fhould find proper and expedient for the Service ; on the contrary, he then urged the Neceffity, there appeared to him, of doing fomething agreeable to the King's Inflrudions. • / Sir any Queftion topropofe to the Admiral, or any other > Matter to ofier, anlwered. That he had nothing Hat- ther to vbuble the Couft with ; — that lie felt himfelf iqtHte happy in having gone through a ptabUck Triil, ' and before fuch Judges. !TaE COURT Wing duly weighed and eoniidcrtd- the whole Matter before themj is unJlnimoufly of Opinion, that the Prifoher Lieutenant Grcneral Sir ^obn Mor daunt is NOt* GUILTY of the Charge exhibited againft him/ and doth thei^fore ACQUIT him. TYRAWLY* ^ True topyj Charles GouLDi Deputy Judgfe Advocate GcncfaK t'ill '.VJii ('J !:•>■- F t N I ^i ■* <'" \