746 Ann. Naval Expeditions, &c. oj the English, Book

1702. into, by a Court-Marffial. According-Th e Ajjfair W His RoyalHighnefs (who was nowe <i Court ^ entered on the Office of Lord High Ad-Martial. miral) issued his Orders for that Purpose,to Sir Cloudejly Shovel, Admiral of thefVhits, who summoning a Court atspithead, the thirteenth of July, they

came to the following Resolutions (f) 17° 2 '

after having taken the several Articlesexhibited against Sir John Munden un-der Examination, in the Presence ofnineteen Captains; By which Refolu- ^^dentions, Sir John Munden was fully acquit- acquitted-ted. (t)

Annals ofA Ann.

the Soundings , for protecting the Trade; Of allwhich Sir John Munden sent an Account to theLord High Admiral, by the Edgar, and orderedher forthwith to return to him, into the Latitudeof nine and forty Degrees, thirty Minutes, thirtyLeagues without Scilly.

(s) With Respect to the first Article alledged. against him : viz. “ That after he had received“ Intelligence of the Enemy’s Ships being daily" expected, he . did stand so far off from the Land" as ten Leagues, or more, on the seven and" twentieth Day of May, in the Evening, and" did tack so late as four in the Morning follow-“ ing, so that, by that Means, the Enemy’s Ships" pasted by his Squadron, and got into the Groyne.

The Court having strictly inspected and exa-mined the Journals of the Captains, and other Of-ficers of that Squadron, it appeared to them bythe General Computation, that Sir John Munden,with his Squadron, was no more than about threeLeagues from the Shoar, off of Cape Prior, atnine at Night, when he stood off, and about se-ven Leagues, at three in the Morning, when hetacked again, and stood in; And in Considerationof its being hazy Weather, that there was no An-choring on the Coast, and that Cape Ortegal, (theStation to which he was making) was a properPlace for intercepting the Enemy’s Ships; Andthat he ordered his Scouts, in a convenient Sta-tion for giving him Notice of their Appearing ;The Court was of Opinion, that there was noMismanagement, or Failure of Duty, with Rela-tion to this Particular.

2. " For not following the Ships into the“ Groyne, and not endeavouring to destroy them“ there.

The Court having duly weighed the Motiveswhich induced Sir John Munden, and the Cap-tains, at their Consultation, to desist from attempt-ing the said Ships, in the Harbour, they were ofOpinion; That considering the Difficulties thatmust have attended the going in, and the Strengthof the Place, it was not advifeable, or practica-ble, to attack them, after they were got into theGroyne.

3. “ For the calling off the Salisbury, by a“ Signal, when engaged with a French Man of“ War, on the sixteenth of May, and not send-“ ing some other Ships, to her Assistance; By“ which Means, the said French Ship might pro-" bably have been taken.

To this Sir John answered, That the Ship,which the Salisbury gave Chase to, was standingright in with his Squadron ; And that, therefore,he had Hopes of her falling i i with him, by theCourse slie steered ; But when he perceived theSalisbury was engaged, he stood to her Assistance,with his whole Squadron, and continued so to do’till they had made the Land; And not being ableto come up with her, did then pursue his Instruc-tions, in keeping as much undiscovered as hecould, in Order to gain Intelligence of the Ene-my.

The Court being satisfied with his Account ofthis Matter, judged him not blameable in this Par-ticular.

4. " The sotting on Shoar the Men and Wo-" men taken in the Spanijh Boat, which might" have been exchanged for such Englijh as were" under Confinement at the Groyne.

The Court having examined this Matter, itappeared, that those who were thus taken wereeither Women, or innocent People, and no mili-tary Persons amongst them ; And that, therefore,they thought, what he did therein was conforma-ble to Practice, in the like Cases, and found noReflection, or Blame, on this Occasion.

And therefore the Court having fully and ma-turely deliberated, on all these Circumstances ofthe foregoing Allegations, were of Opinion, thatSir John Munden had fully cleared himself of thewhole Matter contained in them, and (as far asit appeared to them) had complied with his In-structions, and behaved himself with great Zealand Diligence, in the Service ; And accordinglythe Court did acquit the said Sir John Mundenof the Particulars of this Charge.

(t) Bishop Burnet (having before supposed BuTttd-him faulty) fays, they acquitted him, indeed,some excusing themselves, by faying, that if theyhad condemned him, the Punishment was Death ;Whereas they thought his Errors flowed from aWant of Sense ; So that it would have been hardto condemn him, for a Defect of that which Na-ture had not given him. Those who recommend-ed him to the Employment, (continues the Bishop,who had before said it was Sir George Rooke)seemed to be more in Fault. This Acquittal rai-sed such an Outcry, that. the Queen ordered himto be broken.

CHAP