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The 7th. Received two Petitions from the Merchants of Scotland, against the Convention.
Referred to the Confideration of the Committee, &c.
Ordered an Address to his Majesty to give Orders for erecting a more spacious Edifice, for the better Reception of Parliament.
Took bis Majesty's Commands published in the London Gazette, and also before the Commissaries in Spain: But having received no Satisfaction, and apprebending from the Words of bis Majesty's moli gracious Speech, that the Satisfaâion now Aipulated relates only to Captures in America, they humbly beg leave to make their Cafe known at this Jun&ture, not doubting but the great Goodness of this Honourable House will provide Means for beir Relief
The said Richard Copithorne being bound upon a Voyage from Meffina to London, was, upon the 29th Day of June, 1727, attacked by a Spanislo Privateer under Turkish Colours; and apon Refusal to Arike, the Privateer charged him with his ebole Fire, and boarded him with a great Number of Men, which obliged bim to take the necessary means for bis Defence, end sbereby forced the Enemy to put off, leaving about thirty of ebeir Men bebind, who were reduced to the Necessity of taking to the Ship's Tops, Rigging, and Sides, where they could best bestow ibemselves with most Safety.
The Privateer finding his Men thus left on board, and not able to compass bis Defigns, in order to regain bis Men, boarded sbe Ship a second time, with Stink-Pots, Powder-Flasks, and Pole- Åxes: Upon which the said Copithorne discharged bis great Guns laden with double-round and Partridge, with all bis Small-Arms, and at the same time set Fire to his PowderChefts, which obliged the Enemy a second time to retire.
The Enemy finding they could hot force him to submit, resolved (baving little or no Wind) to take the ship in Towe, and by that means to carry her to the Island of Alboran, (about two Miles diftant) there to destroy the Ship upon the Rocks, and put every Soul in the Sword, as afterwards appeared to be their Delign.
Copirborne finding himself in this desperate Condition, gave Orders to change the Helm, which brought the Privateer a-longfide; and making Use of that Advantage, fired bis Guns again loaded as before; wbich not only cut the Harfer of the Privateer, and unfripped many of her Oars, but also laid her upon tbe Carlen, where fe lay turo Hours before she could amend ber Damage; during which time there were about fifty of the Exemy on board Copithorne's Ship, cutting and defiroying Masts,
Took the Convention into further Coníderacion, and examined Mr. Stert, one of the Commissioners, relating to the Merchants Accounts, and the Demands of the King of Spain, and other Witnesses were examined, as to the Limits of Carolina, &c.
The Sail, and Rigging, and at the same time a continual fire from the Privateer at his close Quarters; and the Spaniards on board were by their own Boat supplied with fresh Men and Arms ; and the same Boat carried off their Dead and Wounded.
After five, or near six Hours Engagement, Copithorne's Deck blew up by Accident unknown, the Bulk. Head falling flat upon Deck, and the Enemy from the Forecastle at the same time fir'da Volley of Small-Shut into the Cabin. By the blowing up the Deck, Copithorne's Foot was taken in between two Planks, whicb kept him faft for an Objeft of the Enemy's Cruelty, who frapp'd several Piftols and Guns at him whilft in that Condition; and they sripp'd him, and without Mercy batter'd, cut, and fiabb'd him so inhumanly, that they themselves believ'd him to be dead as he lay upon the Floor, naked and weltring in Blood. After some time, and with some Difficulty, they got his Foot clear, and by four Men loss*d him upon the Deck, and from thence into the Boat, and carried him on board the Privateer, where he lay in the most miserable Condition, naked, for nine Days before he was landed ; in vhich time the Captain of the Privareer and Company put it to the Vote whether they should murder the Pri. foners and carry the Sbip to Ivilla or Majorca, to dispose of as they thought proper, or spare the Prisoners Lives and carry them to Malaga, according 10 their Orders ; and it was carried by a Majority of two or three Votes only, to spare our Lives and ftand in for Malaga. Having thus resolved, they kept the Prisoners on board the Privateer fourteen Hours without a Drop of fresh Water to relieve them, which obliged two of them in that time to drink falt Water foveral times; and they supplied Mr. Copithorne with no other Sustenance than Bread and Fish Bones from the Captain of the Privateer's Tablè; neither would they grant him a little Spirits to wajh bis Wounds, nor in the Hear of the Day allow him the Benefit of the Arning which they had to keep of the forching Sun, but drawed it ofice on purpose to torment him with the Heat; which (being naked) biflered bis Body in a molt difmal manner, and the cold Dew of the Night falling afterwards, gave him as much Uneasiness as the Wounds be received in the Engagement. Having thus used him for nine Days, they carried him into Malaga, zubere he was ir formed that the Enemy had loft twenty four or tovertyAve Men, and bad a considerable Number wounded; ard als
The 8th. In a grand Committee took the Convention into relating further Confideration
, when it was moved, that an Addreis he King of Thanks be presented his Majesty for obtaining the Conthe Lini vention; and a great Debate arose thereupon : See the De. bae at large, Volume VI. Page 1. &c.
Received Are y found that the ship and Cargo was no lawful Capture. Upon Mis on basi which Nicholas Holloway, Esq; his Majesty's Conful, made a
Demand of the Ship and Cargo, and all Damages to be made
good. And proper Application was also made to M. Vander ne's Day Meer, Embassador from the States General, then at Madrid,
and Sir Charles Wáger at Gibraltar, from whom great Hopes cere conceived that the ship ond Cargo would be restored to the Owners, and the Damage's made good, according to the true Intent and Meaning of the Preliminary Articles : But, contrary to all Justice and Equity, there came an Order from Madrid of the 14th of October following, to sell the Ship and Cargo for the Use of the cruel Captors.
It is very romakable in this Affair, that the Preliminary Articles were signed at Paris the 31 of May 1727, N. S. which was twenty-nine Days before the said Ship was taken ; and, upon the i8th of June, 1727, his Catholic Majesty accepted and signed the said Preliminaries, tho'he detained them feveral Days before be accepted the fame ; and upon the 232 following all Hoftilities ceased at Gibraltar and ihe Camp of St. Roche ; and upon the 25th of the fame Month it was puba licly known at Malaga (from whence the faid Privateer failed the same Evening) and other parts of the Sea Coast, which was four Days before the said Ship was taken.
In Consequence of the said Articles it was advertized in the London-Gazette of the gth of April 1730, that all the Sufferors included in the fame should give in and make their Claims pon Oath, in order to receive Restitution; which accordingly was done in ibis Case: And by the Treaty of Seville, concluded the bof November, 1729, in the second, the fifth, and last fepated Articles, it was fully ftipulated in express Words, That mediate Reparation should be made to the Sufferers, pu fuant be fifth and seventh Articles of the said Preliminaries. There have been fundry Applications made in the most reful and preffing manner, for Redress in this Affair; and laid Copithorne hath made a journey on purpose to Seville, attended the Commissaries fome Time, in Hopes of obtaining fation for himfelf and the other Sufferers, which was atd witb a great Expence and Loss of Time. All which is humbly submitted to the Confideration and
Compafim of this Honourable House.
Received the Report of Yesterday's Resolution, which gave Rise to the Debate, to be found page 43. &c.
The 12th, the House went with their Address to his Ma. jefty
The 13th. Received a Petition of the Merchants, Clo. thiers, and Dealers in Wooll, complaining of the Decay of the Woollen Manufactory, and praying Relief, &c.
Refer'd to a Committee of the whole House.
The 15th. Agreed to the Report of Yesterday's Resolution on Ways and Means, viz.
Resolved, that Two Shillings in the Pound be granted for Land-Tax for 1739.
Resolved, That no Drawbacks shall be paid on the Exportation of wrought Plate or Manufactures of Silver, that Thall have been wrought about 10 Years before the Entry of the same for Exportation.
Ordered an Address to his Majesty, to congratulate him on the Birth of another Prince.
Ordered a congratulatory Message to the Prince of Wales on the fame joyful Occasion.
Mr. Speaker reported that the House had attended his Majesty in the Houle of Peers, when he gave the Royal Affent to the Bill for punishing Mutiny and Desertion, and to two private Bills.
The 16th. In a Grand Committee took into Consideration the several Peritions, complaining of the Clandestine Exportation of Wooll to foreign Parts, and also of the Decay of the Woollen Manufacture, and came to several Resolutions ; which See page 71.
The 20:h. Resolved, That his Majesty be addressed, to order an Account of the State and Condition of the British Sugar Colonies, to be laid before the House.
Read the Land-Tax-Bill a second cime. Petition of Received a Petition from the Merchants trading to Sicily, the Merchants setting forth that upon the Defeat of the Spanish Fleet in trading to Sicily.
1718, the Merchants residing at Messina were imprisoned, their Ships, Goods and Effects seized, confiscated and sold, by order of the General of the Spanish Forces in Scily, whereby the Petitioners suffered great Losses, which were claimed and proved before a Committee of the whole House in 1728-9. and the Estimates of the said Losses then delivered in, Duplicates whereof are ready to be produced by the Petitioners, who have had no Restitution made them ; nor, as they ap. 1 prehend, did the Commislaries go thro' the Discussion of the
Losses This Address was not printed in the Votes as ufual.
Losses in Sicily, or make any Report of them: And therefore submitting the Case of the Petitioners to the Confideration of the House, and praying fuch Relief, as to the House shall seem meet.
Ordered to lie on the Table.
The 22d. Received a Petition of James Buchanan, and And of James others, interested in the Ship Scipio; letting forth, that the Buchanen. faid Ship having taken in her Cargo on the coast of Africa, consisting of Negroes, Gold-Duft, and Elephant's Teeth, to the Value of upwards 6oool. and failing from thence to Jamaica, having touched on the Inand of Barbadoes, was on the 27th of October 1736, taken on the High-Sea by a French Ship or Vessel, and carried into St. Peter's in the Iland of Martinique; that soon after a Prosecution was commenced against the Captain before the Court of Admiralty there, founded on a Pretence that the was acting in Contravention to a certain Ediet for settling Limits relating to unlawful Trade; but that, upon Trial, the Judges were of Opinion, that the Charge was groundlefs : Nevertheless the intention of the Edi&t not having been qualified, the Judges were obliged to declare the said Ship and Cargo duly confiscated; and that thereupon the Captaio appeared to the Supreme Court of Martinique, who upon Examination annulled the Judgment given by the Court of Admiralty, and decreed him Costs, and that he should be again put into Possession of the said Ship and Cargo. And that as the said Captain was preparing to take Poffeffion of his Ship and Cargo, he received an Ordinance from the Intendant of the Illand, which impowered the Di. rectors of the Customs to appeal from the Judgment of the Supreme Court, to the French King in Council ; but nevere theless ordered the said Ship and Cargo to be restored, on his producing good and sufficient Security, Inhabitants of the İNand, for the appraised Value of the fame : And that the faid Captain not being able to procure the Security infifted on, was obliged to consent to the Sale of his Ship and Cargo, zod to deposit the Money in the Hands of his Securities, till the Affair should be decided by the King and Council of France. That the said Captain did folicite oftentimes at Paris, but to no Purpose, he being at length told, that this Ship in Conteft should pay for a French Ship, called the Fleuren, taken some time ago. That upon Petition to his Majelty, Application had been made by his Minister at Paris, but that the same had not its defired Effe&, and therefore praying the House to take the Premiffes into Confideration, &c.
The 23d. See Page 77.