Loyalty and fidelity, rejected and oppressed. Or the case of George Everett shipwright, truly stated most humbly offer'd to the Commons of England, assembled in Parliament wherein is briefly set forth, his zealous endeavours for promoting the service of the publick with the obstructions and illegal proceedings of some persons imploy'd in the administration of publick affairs. And the true reason of those false aspersions and scandalous reflections, layd on him by, the euemy's [sic] of the government. Everett, George, Shipwright. 1698-1699? Approx. 44 KB of XML-encoded text transcribed from 10 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-10 (EEBO-TCP Phase 1). A38835 Wing E3547 ESTC R224218 99834502 99834502 39003 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A38835) Transcribed from: (Early English Books Online ; image set 39003) Images scanned from microfilm: (Early English books, 1641-1700 ; 1810:16) Loyalty and fidelity, rejected and oppressed. Or the case of George Everett shipwright, truly stated most humbly offer'd to the Commons of England, assembled in Parliament wherein is briefly set forth, his zealous endeavours for promoting the service of the publick with the obstructions and illegal proceedings of some persons imploy'd in the administration of publick affairs. And the true reason of those false aspersions and scandalous reflections, layd on him by, the euemy's [sic] of the government. Everett, George, Shipwright. 16 p. [s.n.], London : printed in the year. 1698/99. Dummy Reproduction of the original in the Harvard University Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Everett, George, -- Shipwright -- Early works to 1800. England and Wales. -- Royal Navy -- Early works to 1800. 2006-11 TCP Assigned for keying and markup 2006-11 Apex CoVantage Keyed and coded from ProQuest page images 2007-01 Celeste Ng Sampled and proofread 2007-01 Celeste Ng Text and markup reviewed and edited 2007-02 pfs Batch review (QC) and XML conversion Loyalty and Fidelity , Rejected and Opressed . Or the CASE of George Everett SHIPWRIGHT , Truly Stated ; Most humbly Offer'd to the Commons of ENGLAND , Assembled in PARLIAMENT Wherein is Briefly set Forth , His Zealous endeavours for Promoting the Service of the Publick with the Obstructions and Illegal proceedings of some Persons imploy'd in the Administration of Publick Affairs . And the true Reason of those False Aspersions and Scandalous Reflections , Layd on him by , The Euemy's of the GOVERNMENT . LONDON , Printed in the Year . 1698 / 9. TO THE HONOURABLE the Knights , CITIZENS AND BURGESSES , Assembled in Parliament , The Case of George Everett , Shipwright , Truly Stated , and most Humbly offered , to the Consideration of this August and Honourable Assembly . Most worthy Senators . HAVING made Observations of great abuses and Enormities , committed in his Majesties Navall-yards ; I did in March 1692 / 3. make proposalls to the Lords Commissioners of the Admiralty , for saving 100000. Pounds Per Annum in building and repairing the Royall Navy ; with a proposed Method to raise Money to carry on that Service ; which might have been Effected by procureing 3286. Pound Per Mensem Which said Proposall appearing to be both Practicable and profitable to his Majesty , and the Kingdom , was then approved of by the Right Honourable the Earl of Orford , and Several Eminent members of this honourable House , and was Certified so to be , under the Hands of the Lord Berkley , Sir , Ralph Delavall , the Earl of Danby ; the Lord Mayor of London , and Several other preceding and Succeding Mayors and Aldermen of the said City , and Several other Eminent Persons , together with the Master , Wardens and Assistants , of the Company of Shipwrights of London , Copies thereof were laid before their Lordships and aft●r often attendance being admitted a hearing at their Board the 8 day of Fabruary 1694 ( the Commissioners of the Navy then present ) the said Proposal was rejected ; which being presented to his Majesty , in Councell , the 1 st . of March , his Majesty did then refer the same to the aforesaid Lords of the Admiralty , which being laid before them the 26 of the said Month , their Lordships ( after often attendance ) did on the 24 th . of April , acquaint me that they had referred the same to the Commissioners of the Navy . The Proposer attending their Honours , on the Twenty-seventh of April did lay before them a Copy of the said Certificates with Several Heads in order to demonstrate his said proposal , but finding by their dilatory proceedings , that they were not Enclinable to Espouse the same ; did on the 14 of May , offer to their Honours by many Witnesses , to prove that by the Idle and Extravagant Practices ; Committed in the said Yards 100000. Poun Per Annum , was wasted and Destroyed : but the said Commissioners instead of takeing Notice thereof ; did defer me from time to time ▪ But with much difficulty they apointed to hear me the 23 of June , when apearing with 12 Witnesses : viz. Master Shipwrights , who were ready to Testify what was alledged , there was but two of them with my self admitted , and heard , and that in a clamarousmanner Their Honours threatning and Browbeating them , the whole time which was near , three Hours , and then by degrees departed out of the Room , Leaving us there without order of withdrawing or further attending . And on the 27 th . of June their Honours did make a Large report to the Lords of the Admiralty full of Reflections , prevarications , and Manifest Falsehoods ; wherein they set forth that they have not Heard of any of the said Miscarriages . After which I attending the Lords of the Admiralty , did lay before them several Schemes in order to Confirm and demonstrate the said proposals . and did Produce many Witnesses to provetheforesaid Enormities and abuses , but was often deferred and disappointed , and in July 94. I was twice advised by Mr. Southern the then Secretary , of the Admiralty , that their Lordships would make a Report to the Council Board , the 12 th . of the said Month , which I signified to her late Majesty and many Lords of the Council who did encourage the same , yet no Report was made thereof untill the 29 th . of January Following , whereby I incurred their Lordships displeasure as the Author , of that disapointment ; and that between the apointed and real time of delivering the said Report , I often Prayed the Lords of the Admiralty to grant me a Copy of the Navy-boards Report , which I could not obtain , but at Length was admitted to hear part of the same read ? which I observed to be as before Represented ; I gave their Lordships an answer ther eunto in Writing , and did also move their Lordships , to hear Evidence to prove my allegations , in order to refute the said Report , and discover the said Enormitys committed in the said Yards , and after several delays and Disapointments , my request , upon the motion of Collonell Austin deceased , was allowed , and a time apointed to hear them ; viz. the 30 th . of October , 1694. Pursuant whereunto I did attend with Several Articles , containing great abuses , and Enormities Committed in the said Yards , with 12 Persons , most of them Master-shipwrights , to prove the same , and being called in about 11 of the Clock , Capt. Priestman being only present with the Secretary , did tell me that there was no Board , and he Believed that the rest of the Members had forgot my Business , and did then Direct me to attend with the Witnesses at 4 in the Afternoon ; in answer to which I presented his Lordship with Several depositions ready drawn , Praying his Lordship to consider the Charge and Trouble I had been at in Getting so many men together , most humbly Praying that they might then be examined , and their Affidavits taken ; which his Lordship refused . But attending according to order the said Witnesses being Examined , did testify my Allegations , and did offer to confirm the same upon Oath , but were not admitted ; their Lordships then ordering Mr. Burchett one of their Clarks to Examine them over again in another Room , which he did in a Threatening manner ; not Suffering them to Subscribe their Names thereunto : and then apearing again before their Lordships , they directed me to get them Sworn before a Justice , of the Peace , and bring the Depositions to them . Pursuant thereunto on the 27 th . of November , I did return them the Depositions of 17 men ( true Copies thereof being ready to be Produced ) wherein was proved under 150. Heads , many great abuses and Enormitys Committed in his Majestys Yards ; and by reason the Act for Stampt Paper was not then well understood , I was at the Charge and trouble to have them Thrice Sworne , which cost me above 10 Pound and that on the 29 th . of January aforesaid , which was two Months after , a Report was made thereof to his Majesty , wherein their Lordships set forth , that they had heard the Proposer and Several Persons produced by him , and had the advice and report of the Navy-Board ; but did not think fit to alter the Oeconomie of the Navy ; but did agree with the proposer for * Paying the Workmen of the Yards with ready Money , wishing that the State of affairs would admit thereof ; which would Certainly give Dispatch to his Majesty's Service , and Save his Treasure , tho' not near so great a Summ , as the Proposer Imagined . All which his Majesty on the 31. of January , was Pleased further to refer to the Lords of his most Honourable Privy Councell , appointed a Committee of Trade and Plantations ; before whom , on the 1 of April , the report of the Navy-Board , was proved to be False and Prejudicial to his Majestys Service ; and that Several other Illegall Practcies were so fully proved before their Lordships , against Several Officers belonging to the said Yards then present , that the President of the Councill did declare , that Plain matter of Fact was fully proved against them ; And that most Honourable Board did also declare that it was high time to make a Reformation in his Majestys Yards , and that they would appoint a time to Consider of the means . But the proposer Considering that Nothing could conduce so much to an Effectual cure as the laying the Wound more open , did on the 6 th . of April lay before their Lordships Several aditionall Articles relating thereunto , which their Lordships did gratefully receive ; giveing the proposer Encouragement beyond Expectation ; but on the discovery of the Plot ( as I remember ) their Lordships time then not permitting to Examine the same , that matter was referred to the Lords of the Admiralty , where the said abuses were so fully and plainly proved , that one of their Lordships did Solemnly protest that things were come to such a pass , that he did Believe it was Impossible for an Honest man to be amongst them . And after I had proved what I had offered , ( the whole matter being Several days under Examination , which is Briefly drawn up in five Sheets of Paper ready to be produced ) Their Lordships did in September 95 make another report to the Lords of his Majesties most Honourable Privy Councill , apointed a Committee as aforesaid , wherein they Set forth that they had heard the Proposer , and other evidence , and that they had dismissed Several offenders , and signed ordres to prevent the like abuses for the Future . But I never heard of more then one Person viz. the Master Boatmaker of Portsmouth , that was dismist amongst them all . After this the Lords of the Councill appointed a Committee as aforesaid the 3 d. of Febuary 9⅚ did send for me and at my appearance did tell me that it did appear to them , that I had done the Nation a Sigual Piece of Service ; and that I should be well rewarded for the same ; directing the Clark of the Councill then attending , to draw up their Report to the King , highly in my Favour ; and that most Honourable Board did then also move his Grace the Duke of Shrewsbury , to recommend me to his Majesty for a reward ; whereby his Majesty by an order of the 2 d. of February , 95. was Graciously pleased to direct the Lords of the Admiralty to put me in some Employment in the Navy , or give me a Suitable reward and Bounty for my good Service , Care and Pains : which after Three Years attendance to my Damage , in Expence of time and Money 500. Pounds , I was disdainfully put off with 100. Pound without correcting those abuses , and Extravagant Practices . And altho' the Proposer and his proposalls were so Slighted and rejected by the Admiralty and Navy-board , yet I do affirm ( that which no Unbyassed Person can deny ) that the said Summ of 100000. Pounds Per Annum , might be now saved in building and repairing the Royal Navy , and that without any Damage to the Oeconomie , as they call it , if a Reformation should be made agreeable to what hath been Proposed , and sutable Persons Imployed in the Management thereof . To which I add that 300000. Pounds Per Annum , might be Saved in the Navall affaires , if that Service were well Managed . 2 That in the Year 95. I Printed and delivered Proposals to the Parliament , for supplying the Royal Navy with able Seamen and Marriners upon all occasions , and Preventing many abuses committed by disorderly Pressmasters , both by Sea and Land , together with the saving Severall Immence Summs of Money , Yearly Expended in Impress , Conduct and Bounty Money , with the Charge occsioned by employing Pressmacks , and keeping Seamen in pay the Winter Season , and secureing the Publick Trade of the Kingdom in time of War , as also preventing Several Hardships imposed on Seamen , and Marriners , to the ruin of many Thousands of them and their Families , as is Set forth at Large in the said Proposall . 3 After this being informed of great Embezelments made of his Majesties Navall-stores , and being Encouraged by his Majestys Royal Proclamation of August 93. I obtained Warrants of the Commissioners of the Navy in the Year 95 , to Seize such stores ; and altho' their Honours told me that they had Granted Several ▪ Warrants but had not any returns made thereof ; yet I made such discoveries , that one of the Commissioners at the Board told me he Believed all the Merchants-Ships , were fitted with the King's Stores , and at Harwich I Seized several Parcells of the King's Navall-Stores ; Perticularly one great parcell of New cordage to the Value of 65 Pounds , which upon a Tryal ill Managed a verdict , about two Years after , was given against the King , and that my self and others ( for seizing the same ) were abused as thieves and robbers , and our vessell hired by the Commissioners of the Navy , was Seized by an Officer of the Custom-house , to the Great Prejudice of the owner , as also of my self and others : yet it is most notoriously evident , that the said Goods were really Embezeled Stores , as the Lords of the Admiralty did confess , and I can plainly make appear , with the whole proceedings of that Voyage , and the refractory proceedings of Several of his Majesties officers belonging to that Place , with their rejecting and contemning his Majestys Royal Proclamation , as also the Warrants granted by the Right honourable the Earl of Romney , and the Commissioners of the Navy . A Complaint at large hath been laid before the said Commissioners and the Lords of the Admiralty , and Several Affidavits made thereupon without the least Redress : and the said Commissioners of the Navy , to stop my further Progress in that matter , have not only denied their Warrants to Search , but did also refuse to pay the Thirds Pursuant to his Majesties said Proclamation ; untill the Offenders were convicted : and to put a full stop to such discoverys , they have often declared , that the said Proclamation was against the Law , and have Threatened me at their Board for asserting his Majesties Perogative in granting the same . And by their Employing their Sollicitor Mr. Whitaker , to Prosecute the Offenders , as by many Letters I have in my custody it is manifest they did , many offences were Stifled , and Several others , viz. 12 Bills preferred and found at Hickses-hall in July 95. with others Indicted at other times and in other Countys , were never prosecuted , whereby that Service was obstructed ; forasmuch as there could be no conviction , without a prosecution , nor no rewards before Conviction ; with many other Obstructions too many here to Enumerate . And Complaints thereof being made to the Admiralty and Navy Boards , they referred the matter to him the said Whitaker ▪ to give advice what to do therein . 3 And being credibly informed of a Nusance occasioned by Water in his Majestys Double-dock at Portsmouth , about September 96. I made a Proposal ▪ the Commissioners of the Navy , to clear the same , and was referred to the Surveyor of the Navy ( as the Proper Person Concerned in such Affairs ) who told me they had Engines already to do that ; but if I would clear the Double-Dock at Chatham , I should do the King a Signal peice of Service and be well Rewarded ; whereupon on the 7 th . of October , I laid a Proposal before their Board to clear that Nusance ; upon which their Honours directed me to go to Chatham , and discourse the Officers of the Yard about it ; which accordingly I did , and made Observations of the condition of the Dock , whereby I Observed , that by reason of a Large continual Spring the one half of the Dock was rendered useless , but I haveing before accused some of their Officers of some Illegal practices that were fully proved against them at the Admiralty-Board , they told me that Sir. Samuel Moreland , and others had attempted to do the same , putting the Nation to a great Charge , to no Effect , and seemed to be regardless whether the said Nusance were removed or not ; But having considered the whole matter , I made a tender to the Navy-Board the 2 d. of November to remove the said Nusance for a certain Summ of Money to be paid when the work was compleatly finished , and not before , giving , Several reasons of the Conveniency that would attend the removeing the same ; but my offers for some pretended reasons were rejected , and the Nusance continnued , and my self put off with 40. s. for my Charge and trouble in going thither . 4 About two Years since I made proposals to the King to save one Quarter part of what was expended in Transporting his Majesties Subjects , prisoners at War ; His Majesty in councill the 11 th . of March 96 / 7 was Graciously Pleased to refer the same to the Commissioners Imployed on that Service who ( to obstruct the King's Service ) did on the 5 th . of April make a false Report to his Majesty which being referred to a Committee of Councill , they the said Commissioners did Falsely iustify the same ; whereby the said Proposal was rejected , notwithstanding the Proposer offered to give what Security they were pleased to demand . 5 That on the 2 d. of May , 97. I made a proposal to the Lords of the Admiralty for saving one full half part of what was Expended on that Service , offering suficient Security , for the due performance thereof , and being by their Lordships directed to attend the said Commissioners , which I often did , they , after five-weeks attendance , made another report full of Prevarications , and Falshoods , whereupon I prayed a hearing at their Lordships-Board , but could not obtain it , whereby the 2 d. Proposal was rejected to the great prejudice of his Majestys Service . In February 97. I presented his Majesty in Council with a Proposal for the re-building White-Hall , out of the Imbezelments of prizes and prize goods and did also propose to Clear the Ruines thereof for 1000. Pound ( but could never get the same Read. ) At the First Sitting of the last Sessions of Parliament , I made proposalls to the right Honourable the Lords of his Majestys Treasury for raising 4500000. Pounds Per Annum , for the Publick Service , which might beraised without any Sensible Burthen to the Subjects , which is remaining under their Lordships consideration . And in April last , my self , with a Friend , made discoverys to the Commissioners of the Customes of 39. Hogsheads of French Wines , which were Imported in one of the King's Ships , which after she was unrigged at Plymouth , was suddenly refitted , and made a Voyage to Brest in France , where the said Wines were Laded , and upon her Arrival again at Plymouth ( to defraud the King of the French-dutys ) the Capt. got one of his men to Swear they were Spanish Wines Loaded at St. Sebastians , and the same was so entered , and part thereof delivered there , the rest brought into the port of London , ( this expedition cost the King near 1000. Pound ) and in regard the Witnesses who were to prove the same were under the check of the Capt. I desired the Commissioners to send a Summons , to a person that we would Name , to testify the same , but they refused so to do ; but to carry on the discovery , my Friend obliged himself to make good the mans Wages , if the Capt. did prick him Run . Whereupon the Person made an Affidavit , and 30 Hogsheads were Seized , and put into the Kings Ware-house , and afterwards the Commissioners compounded with the Capt. for 279 Pounds , which they received ; and after three Months attendance they Flowting us for attending for a noone Wayters Place , ( Instead of a Moyety which the Law allows us ) they gave us but 32. Pound 12. s. We also gave them an account of another Capt. that had embezeled some prize goods , to the Value of 5000. Pound , and delivered Marchants goods at unseasonable Hours , at Deal , Chatham , and the Hope ; whereby his Majesty was defrauded of the Dutys , to prove which we were at the charge to produce Witnesses and Affidavits , but they took no notice thereof ; neither would they return the affidavits altho' we often desierd it . 8 And whereas by one Act of Parliament made Anno quarto et quinto of his Present Majesty and the late Queen ; Entituled an Act for continuing the Acts for prohibiting all Trade and Comerce with France , and for Encouragement of privateers ; It was enacted that all prize Ships and goods , should be preserved entire and free from Embezlements and not be Pillaged in any case whatsoever ; with Directions for Selling the same , and applying the proceed there of for the Use of his Majesty , and the encouragement of Seamen . And hearing by dayly Complaints how the said Act was Violated by Several Commanders of his Majestys Ships , who not regarding the said Law , did frequently Sell such Ships and goods by Wholesale , as also great part . of the Cargo and Furniture of others , to the great Prejudice of his Majesty and Seamen , who thereby were deprived of their Shares and proportions allowed by the said Act. And in order such Commanders should make Restitution , ( about 12 Months since ) I certified the same to the Commissioners for Prizes , who Promised to give me a reward if I could make it appear ; which accordingly I did , and two Ships , upon the Evidence that I producd , were condemned in the Admiralty Court the 10 th . of March last , but the said Commissioners sending for the Capt. that sold them , he produced an account upon Oath in the Nature of Debtor , and Creditor , and in the Ballance remains Debtor to the King about 30. Pounds . At my next attendance the Commissioners shewed me the account , and told me I was a pretty man to trouble them with such Storys ; ading that the Capt. had given them an account upon Oath , telling me that I might take the same into another Room and peruse it , and return it again to them , which acordingly I did , acquainting them that the said Ships were worth Ten times more then the Capt. represented them ; as I was ready to prove , which ( on behalf of the Seamen ) I have since proved in the high Court of Admiralty , but they gave me a Slight answer , telling me there was 30 Pounds coming to the King ; advising me to go to him for a Gratuity ; Several other great Embezlements of Prize goods and Furniture of prize Ships I laid before them ; desiring their Honours to order the King's Proctor to sue for his Majesty , which they refused , but at Length they did send their Sollicitor with me to give him directions to prosecute the offenders ; wherupon one of them was arrested at the King's Suit , and Bail given but when I attended the Proctor to give my assistance in the Premises . He told me that unless I would defray the charge , he would not proceed any further , whereby those Embezlements to the value of 10000 ▪ Pound were wholely lost , without any Recompence for my charge , and trouble . These and Several other great Embezlements , abuses and enormitys relating thereunto , I laid before the right Honourable the Lords of his Majestys Treasury the 20 th . of January last , their Lordships then directing me to prove the Allegations thereof , which by substantiall Evidence I could do if I were at liberty . 9 In December last I laid before the Lords of the Admiralty a Moddell of an Invention for the Effectual weighing of great Anchors , in any Weather , far beyond any contrivance for that Service , ( which by Demonstrable proof I can readyly make appear ) which haveing past their Lordships approbation , with the Commissioners of the Navy then present , is now remaining , by their Lordships order , at their Office under consideration . 10 And whereas by one other Act passed the last Sessions of Parliament entituled an Act for the better Preventing the Imbezlements of his Majestys Stores of War &c. It is enacted that it shall not be Lawfull after the 24 th . of June 1698. for any Persons , not being Contractors with his Majesties Commissioners , to make any Stores of War , or Navall Persons with the Kings mark , on the Penalty of 200. Pound , and that all persons in whose Custody any such Stores shall be found so marked , not being employed in his Majesties Service , being indicted and Convicted , for concealing or having such goods in their Custody , possession , or keeping , shall forfeit such goods , and the summ of 200. Pound ; unless upon Tryal Certificates shall be produced , under the Hands of three Commssioners to shew the cause and reason of such Goods coming to their Possession ; and that if any action be brought against any Person Seizing or discovering the same , he shall not be damnified thereby , unless the Person in whose Custody such Goods were found , did produce and Shew such Certificate as aforesaid before such Suit or Prosecution was commenced . 11 And having since the 20 th . of August last ( being encouraged by the said Act ) made Several discoverys of Navall Stores , marked with the King 's Mark ▪ I did , with one John Sartain , Indict Several offenders at Hickses-Hall the begining of September , and before we received Notice for tryal , the said John Sartain did apply himself to the Lord 's of the Admiralty , who promised him great encouragement , telling him that they would direct the Commissioners of the Navy to take his discoverys ▪ and prosecute the Offenders , but his reward should come from them . And upon his attending the said Commissioners they directed him to give them an account of all discoverys , which accordingly he did ; and their Honours gave him their Warrants , directed to his Majestys Peace Officers , to bring the Offenders before them or some other Justices of the Peace , to answer the Premises . Pursuant thereunto Several offenders were carried before them , and Discharged by them , without takeing any Cognizance of the Fact ; which being notified to other Justices they refused to meddle therein . And when the Persons Indicted were to be tryed , Mr. Whitaker Sollicitor to the Admiralty and Navy-Board ( being directed by them to prosecute the Several Offenders ) did advise us that the Indictments we had laid were not good in Law ; and that he had prepared others which were prefered and found by the Grand-Jury , and the former quasht ; and when those causes came to be tryed , the Court was of Opinion , that they had not Power by the said Act to try the same ? whereby the Offenders were acquitted . After which I desired they might be indicted in the Crown office , but Mr. Whitaker alledged that was not a proper place , adding that the said Act was defective , and that he would take care it should be amended the next Sessions of Parliament , and that in the mean time he would Indict them at Hickses-hall for Trespasses and Misdemeanors and after they were convicted he would sue for the Penalty in one of his Majesties Courts at Westminster . But being urgent to carry on the Prosecutions I attended him before the last Sessions of the Peace , and then he told me he would Prosecute all those , within the Iuridiction of the Old-Bayly , in that Court , at their next Sessions , and the others at the Assizes ; he being advised by the Kings Councill that the Quarter-Sessions was not a Proper place , directing me to give him a List of all discoverys above 20 s. Value , adding that the Smaller matters should be refered to the Commissioners of the Navy , for that the Prosecuting , such would be lookt upon in Court as Vexatious and oppressive to the Subject . Pursuant thereunto I did forthwith carry a List of all such discoverys , but he not being to be found ; I did the next day send the same by John Sartain who delivered it to Mr. Whitaker , and then Mr. Whitaker told him that the Old-Bayly was not a proper place to sue in , but he would prosecute them Above this Term , directing the said Sartain then to attend him . But Instead thereof , an order was procured from 〈◊〉 King for our Prosecution . And by Vertue of the recorders Warrant we were both taken up and Committed , for Procuring Warrants from the Commissioners of the Navy , on pretence of detecting abuses Committed in Embezleing Naval-Stores , and Instead of bringing the Offenders to Justice , have Compounded with them to Stifle the Offence , and not Prosecuted them according to Law. 12. In Answer to which , I do aver , that since the year 95 I have not procured any Warrant from the Commissioners of the Navy , or any other Person , to search for Embezled Stores ; neither been privy to any Warrant produced or granted , or pretended to be granted by the Commissioners of the Navy for that purpose ; neither have directly nor indirectly compounded with any Person in whose Custody any such Stores have been found , not to prosecute them ; neither been privy to the taking any Summ or Summs of Money to stifle any Prosecution , but if any small Summ of Money was received ; it was as a Corroborating Evidence of the Offenders guilt ; or to allow them some small time to produce ( as they pretended ) such Certificates as the said Act directs ; and being , as aforesaid , advised by Mr. Whitaker that the said Act was defective , I have declined making any further Discoverys since the 19 th . of October last ; and for the same , with the foregoing Reasons , not having yet the benefit of the Assizes , have not yet convicted any Offender ; neither hath any Person been yet Convicted by virtue of the said Act. So that if any such Prosecutions has been deferred it was by a Contrivance of the Admiralty and Navy Boards , and their Solicitor , or thro the deficiency of the said Court who re●●●●●●●fused to Try the same ; whereby it is manifest , that for my Integrety in promoting the Publick Interest , I have offended many of the Publick Enemies , who being incensed against me , have a long time been contriving my Ruin ; often threatning my Life , with other terrible and shameful Punishments , themselves and their Agents boasting of their security by their great Interest and Friendship at Court. 13. On the 11 th . of January last I presented to this Honourable House , a Paper Intituled A word in Season , containing a general Account of some Publick Grievances , with particulars relating to the Imbezeling of Prizes and Prize-goods , with some proceedings of the Commissioners for Prizes , which I intended to unfold to this Honourable House , ( which I conceive was the only motive that moved my Adversaries to bring on this Prosecution against me ) but having on the 3 d. of January gave notice by Letter to Mr. Lowndes , that I could make Discovery of Prizes and Prize-goods Imbezeled to the value of 100000 l. and more , and the Lords of the Treasury being pleased to give notice by the Gazett of the 12 th . that they would give all due Encouragement provided I could make out the same , I did on the 20 th . of the said Month lay before their Lordships 20 Articles relating thereunto , the greatest of which might by this time been proved if I had not been restrained of my Liberty ; but by reason of my Confinement some of them has been presented to this House by other hands , and my self thereby partly circumvented in my design ; so that for Indeavoring to serve my King and Country , I have not only spent my Time and Substance , but have also Purchased many powerful Adversaries , who to stop me in prosecuting the Publick Interest , have and do contrive all ways and means to work my overthrow , which is no other then the real effects of Prejudice , for under those specious pretences before recited , they have prevailed with his Majesty to grant his order for my Prosecution , which being effected I was Committed the 21 th . of January , and in the Post-Boy of the 24 th . exposed as if I had been the greatest Criminal in the whole Kingdom ; and to prevent me from carrying on my Prosecutions , the Dice are turned upon me , and the Offenders , by a secret Combination , are become my Prosecuters , which I humbly conceive is contrary to the Constitution of this Government , forasmuch as I have Endeavoured , as much as in me lay , to prosecute the Offenders , by exhibiting Informations and perferring Indictments against them as before recited , for which I conceive I ought to have the priority in Prosecuting , and then if they or any other Person can charge me of doing any Unlawful act either in Perjudice to the King or Subject , that then they may proceed against me according to the utmost Severity of the Law. But being supprized and carried before Sir John Houbland , who would not accept of any but City Bail , which I having no Acquaintance there could not produce , I was Committed as aforesaid the 21 st . of January , and on the 26 th . Summoned on the Penalty of 100 l. to make my Personal appearance at the Kings-Bench-Bar ( on the 30 th ) to Answer an Information in the Crown against me for certain Trespasses , Contempts and Misdemeanors . Being Informed the 15 th . Instant , that no Information was then Filled against me , and being charged with so black a Crime , my Friends were affraid to come near me , some of them being threatned with the same Fate if they do assist me , so that being deprived of Friends and bare of Money by reason of my several Services for the Publick Good ; Being Ignorant in the Law and without Advice am now remaining in a Deplorable Condition , not knowing how to defend my self against this violent Prosecution . And the said John Sartaine is Bound by Recullisans to appear at the Old-Baily the next Sessions of the Peace , and is also Summoned on the Penalty of 100 l. to answer an Information at the Kings-Bench Bar for the aforesaid pretended Offence , and my self Confined a Prisoner in the City liable to the same Penalty for not appearing at the Kings-Banch-Bar according to Summons . 14. The Premises thus truly stated , manifest it is , that the Villifiing and abusing me , as a Rogue of the greatest Rank , for doing the Duty of a Faithful Subject , for putting the Laws in Execution , is ( as I humbly conceive ) a Reflection upon the Judicious proceedings of the Law-makers ; forasmuch as the same Reason that induced them to make such Laws , encouraged me to put the same in Execution , and whereas I am charged for stifling Prosecutions , I do most humbly take leave to acquaint 〈◊〉 Honours that after the expence of 30 l. in Prosecuting a Captain the last Mickahnus Term for Embezeling a Prize-Ship and Goods to the value of 80000 l. after two motions to defer the same , and two appointments for the Tryal , the last of which was the last day but one of their sitting out of Term , altho the Cause was called , and the Jury ready to be sworn , I was then disappointed by reason that one of my Counsel ( after he had taken his Fees ) departed the Court ; true it is the Lord Chief Barron , to his everlasting Praise , did as much as in him lay to bring the Cause to Tryal , which being about Nine of the Clock in the Evening , did declare that he would be contented to hear it that Night or the next Morning or Afternoon , adding that there should be no Complaint against him ; so that if any neglect has been in carring on any Prosecutions I humbly conceive it ought not to be laid to my Charge . 15. And forasmuch as it is the undoubted Right of this Honourable House to enquire into and Redress Publick grievances , so I humbly conceive that every Subject hath the Priviledge to lay such grievances before them , provided it be done with decency and respect ; and finding ( by dear-bought Experience ) that no Redress was to be obtained elsewhere , I did ( with most humble Submission ) present to this Honourable House , in hopes of their Honours Protection , the aforesaid Paper Intituled , A word in Season , wherein is set forth , under several heads , many Publick and unparaleld grievances committed during the late War , which I shall be ready to prove whensoever this Honourable House will be pleased to hear the same , whereby it will Evidently appear what Persons has been employed in the Administration of Publick Affairs , and how far I have Indeavoured to promote the Publick Interest ; Most humbly praying your Honours to consider the strength of my Powerful Adversaries , and vouchsafe to sheild me under the Protection of this Honourable House , until some method may be found for carring on those Prosecutions which ( it is said ) I have Compounded and Stifled ; not that I fear the Law , but being ( for my Integrity and Diligence ) surrounded with many potent Enemies , who , if it be possible , will turn the true Course of the Law to my prejudice , which if I can but obtain the favour of being heard before a Commitee of this Honourable House , I doubt not to make my Innocence appear and gain Repute thereby ; which to effect , having little Acquaintance with the Honourable Members of this House and being under Confinement , I do most humbly pray that this my Case may obtain the effect of a Petition and that a Commite may be appointed to examine the Allegations thereof , otherwise no Person can be in safety that doth apeare against Publick Offenders , who if their Mersenary , Corrupt and Illegal Practises be countenanced and continued , then it consequently follows that the generality of Mankind will indeavour to Imitate them , whereby the design of all that is Good will be defeated , and this once so Flourishing a Kingdom , become the most miserable , without hopes of Recovery . 16. To which I most humbly add that , at my first appearance upon the publick Stage , I did not design any Advantage to my self , but that the Nation being ingaged in an expensive War , might by frugallity the better carry on the same , I being then in a thriving Condition , altho since reduced , by carring on my several services . In all which if it should appear to this most Honourable House , that the detecting and discovering Publick grievances and the making proposals and tenders to save the Publick Treasure , and to serve the Publick as I have done , is now become so great a Crime , that then I ( who conceived otherwise ) may for this time obtain a Pardon for my simple Integrity , and that some Law may be passed to make the same Criminal for the future , to the end other well-meaning Persons may avoid the like unhappy Fate . 17. Thus having briefly laid before this Honourable House my Case , with a summary of my Proceedings , I do most humbly submit the same to the Consideration of this most August and Honourable Assembly , to whom ( as the Fountain of Justice ) I do most humbly make my Appeal in this Exigency , and that God Allmighty may Bless you in all your Counsels and Consultations , and that they may Center in the Redressing the Publick Grievances and Calamities of this Kingdom , is and shall be the Prayer of Your Honours most Obedient , tho' Envied and Afflicted , Servant , George Everett . Poultry Counter the 15 th . of February , 1698. FINIS . Notes, typically marginal, from the original text Notes for div A38835-e200 * The paying the Workmen with ready Mony , being the Basis of my Proposal , might Hapily been Effected , with Procuring as Proposed 3285. Pounds Per Mensem which their Lordships did report , would Certainly give dispatch to the Service and Save the King's Treasure which is a full Demonstration of the Certaintie thereof , and of their Lordshpis Omission in not putting the same in Execution .