A. D. for this Place. Neither is it necef1702. fary, for the Treaty at this Time did not go on.

In the Beginning of January Advice was brought to England of the Progress of her Majefty's Fleet in the West Indies, under Vice Admiral Bembow, where they had had good Succefs against the Enemy in divers Actions this Summer. But in that of moft Importance, a Misfortune happened through the Cowardife of the Commanders. About the latter End of July the Admiral underftanding that Du Caffe with a French Squadron was expected at Hifpanio. le, he failed to intercept him; and having learned at Leogam, a Bay of Hifpaniola, that the French were failed for Cartagena, he follow'd them. On the 19th of August he fpied the Enemy, who were 10 Sail, 4 whereof carried from 66 to 70 Guns apiece, 1 of 30 or 40 Guns, one full of Soldiers, and the reft fmall Ships. The English were 7 Men of War, flout Ships. The Admiral difpofed to attack them, but three or four of the Ships lay far a Stern, and altho' the Signal of Battle was given, took no care to come up. The Admiral in the Breda, with the Falmouth Captain Vincent, and the Ruby Captain Watson, continued Action with the Enemy for five or fix Days, but the Defiance Captain Kirby, and the Wind/or Captain Confiable, without firing a Gun, altho' point-blank a breast with the Rear Ship of the Enemy, Luft out of Gun Shot, and the Greenwich Captain Wade, lay three Leagues a Stern. The Enemy made the best of their Way; fo it was a running Fight from the 19th to the 24th. One of the Enemies Men of War was quite difabled, and lay a Hulk at float, yet would none of them come to take her; the Admiral was all along engaged, and was well

feconded by the Falmouth; the Rby alfo did good Service, and was difabled in the Action, but the ret fhamefully kept off. The Enemy did not fufficiently perceive our Disorder to make their Advantage of it; but finding at laft that the reft of the Ships purposely lagg'd, they attacked the Admiral's Ship fo briskly on the 24th, that they tore her Rigging, and by a Chain Shot broke the Admiral's Leg to pieces, who bravely ordered his Cradle on Deck, and continued to give Orders fo well, that the Ship was brought off. He fent then for all the Captains on Board him to urge a Continuance of the Action; but they all agreed in an Advice to forbear further Fighting; fo the Enemy were permitted to tow of their difabled Ship, altho' two of ours had been up with her while the lay difabled.

On the 6th of October a Court Martial was held for the Trial of 4 of the Captains, one whereof Ha fon) died before the Day of his Tal; Kirby and Wade were co dem. ned to be fhot to Death for Cowardice, Breach of Orders, and Neg lect of Duty. Conflable was acquited of Cowardice, but convicted c the other Crimes, and fentenced to be cafhier'd, and imprisoned during her Majefty's Pleafure. The other two Captains alfo were fentenced to be fufpended for having adved against continuing the Action. Th Dilappointment was the more gre vous, because the French Flect had on Board Soldiers and Governors i all the Spanish Forts and Gover ments; the taking of whom, z might have been done if the whole Fleet had done their Duty, would have been an extream Damage 10 the Enemy. Admiral Benbow did at Jamaica, Nov. 4. of the Wounds received in the Engagement.

The

Conditions of Government be before enacted, as may secure the Honour of the Crown, the Frequency of Parliaments, the Religion, Liberty, and Trade of the Nation, from English or any other foreign Influence. And that the Succeffor in England fhall not be King or Queen of Scotland, unlefs a free Communication of Trade, and the Liberty of the Plantations be firft granted by Act of Parliament in England to the Subjects of Scotland. This Claufe was voted by a Majority of 72. And to fecure it, a Claufe was added, whereby it was made High Treafon to adminifter the Coronation Oath but by Appointment of Parliament, or to own fuch King till be bad fworn and accepted the Terms of the Claim of Right, and the other Conditions agreed on in this or fucceeding Parliaments. And to finifh this tedious Matter, we shall only fay, that among divers other Claufes, one was added, which required the Heritors and Burghs to provide themselves with Fire Arms, for all the fenfible Men, being Proteftants, within their respective Bounds, and that the faid Heritors and Burghs difcipline and exercise the faid fenfible Men once a Month.

When the Act was finifhed and paffed by the Eitates, the House urged the Commiffioner to give the Royal Affent to it; to which he forbore answering till he had written to England; and then he declar'd that he had receiv'd Power to pafs all the Acts that were ready except this. The House was inflam'd hereupon, and were obftinate againft giving Supplies till this Bill be paffed into an Act. So that at laft the High Commiffioner was fain to put an End to the Seffion without the Supplies. Accordingly September the 16th the Parliament was prorogued.

To view now the State of the

War, Sir Cloudelly Shovel with 25 Sail of Men of War, 2d, 3d, and 4th Rates, with a proportionate Squadron of Dutch, failed from St. Hellens the 1ft of July; they were detained in the Channel for fome time by contrary Winds, fo they arrived not before Lisbon till the 24th. Sir Stafford Fairborn went on fhore, and had Audience of the King, who received him very gracioufly, and fent a noble Prefent of Refreshments to the Fleet. After a few Days Stay, they failed for the Streights, and being arrived on the Coalt of Valencia, the Mariners to the Number of 2500, landed at Altea, and form'd a Camp, where the Admiral publifhed a Declaration, intimating that he came not to injure the Spaniards, but to protect them from the Tyranny of the French. Which had the good Effect of producing Plenty of Provifions, brought in and fold in the Fleet at reafonable Prices. From thence they fail'd to Leghorn, and in the Way fome Attempts were made of landing Men and Arms to relieve the Cevennois, but as the Gulph of Narbonne was too dangerous for the whole Fleet to enter, two Ships only were fent with a good Quantity of Arms, Ammunition, and Money, and fuch French Refugees, as had put themselves on Board the Fleet for that Service. Thefe lay on the 17th and 18th of September on the Coaft, and gave the Signal directed, which was to have been anfwer'd by their Friends on Shore, but was not. A Boat was fent to go afhore, but two French Gallies which lay there, interrupted it, and the Seafon of the Year not permitting the Ships to lie there, they returned to the Fleet. On the 19th of September, the Fleet arrived before Leghorn, where the Salute from the Town being but five Guns, the Admiral refented it, and

com

A. D complained to the Great Duke, who 1703. caufed a Royal Salvo to be made. Count Lamberg came on Board the Fleet there the 28th, and acquaint ed the Admiral, that Charles Archduke of Auftria had been proclaim'd at Vienna K. of Spain. For which News great Rejoycings were made, and 15 Guns fired from every Ship. The Fleet having perform'd the Bufinefs they went upon, and by the clofe keeping in of the Enemy, having had no Opportunity of engaging any of their Ships, fet Sail homewards on the 22d of October, and arrived fafe in the Downs the 17th of November.

The Advantage of the War in Germany this Campaign was on the French Side: They took Fort Kehl by the 31st of March, and prepared to penetrate through the Black Foreft to join the Elector of Bavaria, who extended his Quarters by the taking fveral Towns; and on the feventh of April, that Prince came with his Army before Ratisbon, and for Want of the Emperor's Ratification of the Neutrality of that City, he took Poffeffion of the Bridge, and a Gate. Marshal Villers attempted the German Lines the 19th of April, but was repulfed. However he fucceeded afterwards, and on the 6th of May joined the Bavarians.

fuffered much. The Confederate Army invefted Huy, August 16, and took it the 25th. The Advantage that Conqueft gave, induced the Duke of Marlborough to propofe the attacking the Enemies Lines between the Mehaign and the Lerve, but the Dutch oppofed it, and fo it went off. Limburgh was the next Attempt, which after 18 Days Siege furrendered the 28th of September, and Geldre being in December following taken, the French were entirely remov'd from the Banks of the Man, and two Provinces fubjected to the Confederates.

The latter End of the Campaign proved lefs fortunate to the French and Bavarians than the Beginning, for the Forces under Villers, being but a Part of what were intended to be fent, the Duke de Vendome was to penetrate another Way, to which Purpofe the Duke of Bavaria advanced to Tyrol to meet him, but was fo well receiv'd by the Imperialifts there, that he was obliged to retire. The Duke de Vend-sme in the fame Manner was repulied on his Side, when he advanced as far as Trent to meet him. The D. o Bavaria next made an Attempt sp on Augsburg, but was repulled by the Imperial Garrifon the Town had received. On the other hand, the French had Succefs on the Rht: For while the Imperialifts were em ployed against the Bazarians, Count Tallard with the Duke of Bargs ↑ dy befi ged Old Brifac, which they took, and afterwards invetted Late dau, on the 7th of October. The Prince of Heffe Caffel, with a good Body of Confederate Forces, wa feat from the Netherlands to rat the Siege. He arrived on the 143, and prepared to attack the Enemy but while on the 15th the Prince with most of the Officers were carouting and celebrating the Feast of