Allegation of 5 July 1757, by George Hay, Londres

Allegation of 5 July 1757, by George Hay, Londres

Allégation du 5 juillet 1757

Hay, George

Cock, Randolph (transcription)

CNRS IKER (UMR 5478)

05/07/1757

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2 fichiers (fac-similé 4.4 Mo, transcription 575 Ko) ; le texte contient 2010 mots.

papier

anglais

Documents reconstitués à partir de photographies prises dans le fonds HCA

guerre de sept ans

prise de guerre

dossier judiciaire

vente par adjudication

Une allégation est une pièce authentique qui a pour but d’appuyer une proposition, ou d’autoriser une prétention.

Le texte datant du 5 juillet 1757 relate une affaire judiciaire, où George Hay représente le roi d'Angleterre dans une plainte contre Le dauphin de Louisbourg et ses marchandises capturés par des navires de guerre de Sa Majesté, dirigés par les commandants Francis Geary, Edward Hughes et Robert Duff. La plainte est également dirigée contre Temple West, vice-amiral, et Thomas Broderick, contre-amiral, pour leurs intérêts. Les parties plaignantes allèguent que des instructions officielles ont été données à West pour pour protéger le commerce des Anglais et défendre contre les ennemis, affirmant la légitimité de leurs actions en vertu des proclamations royales et d'instructions officielles. Les parties plaignantes fournissent des preuves sous forme de copies d'ordres envoyés aux capitaines How et Vernon, ainsi que des instructions générales et des ordres supplémentaires envoyés au vice-amiral West et au contre-amiral Broderick, affirmant que ceux-ci étaient en charge des opérations lors de la capture du navire en question, justifiant ainsi leur droit à une part des prises selon la proclamation royale.

Londres

18e siècle

Domaine public

Paternité - Pas d'utilisation commerciale - Partage selon les Conditions Initiales [CC] [BY] [NC] [SA]

Documentation conservée à Archives de la High Court of Admiralty and colonial Vice-Admiralty courts (Londres)

Talec Jean-Philippe et Videgain Charles (eds.), Mémoires, lettres et papiers du Dauphin : Bayonne, Louisbourg, Londres – 1757, La Crèche, La Geste éditions (coll. « Presses universitaires de Nouvelle-Aquitaine »), 2024, 608 p.

TNA, HCA 32/180/7 CP 2

Tuesday the 5th July 1757 Before the Judge
Le Dauphin Martin Lermet Master
Our Sovereign Lord the King against the said Ship and Goods taken by his Majesty's Ships of War the Somerset whereof Francis Geary Esquire was Commander the Devonshire whereof Edward Hughes Esquire was Commander and the Rochester whereof Robert Duff Esquire is Commander and brought to the Port of Portsmouth and against all Persons in General and also against Temple West Esquire Vice Admiral and Thomas Broderick Esquire Rear Admiral of his Majestys Fleet intervening for their Interest.
[Thomas] Tyndall [Richard] Cheslyn [Nathaniel] Bishop [Josias] Farrer
On which day Cheslyn and Bishop as lawfull Proctors of the said Temple West Esquire and Thomas Broderick Esquire as well under that Denomination as by all other lawfull ways and means whatsover that may be most beneficial for their Parties alledged pleaded and articulately propounded as follows to wit
1st
That on or about the seventeenth day of May in the Year of our Lord one thousand seven hundred fifty six War and Hostility was declared by his Majesty King George the Second against the French King his Vassals ans Subjects and this was and is true publick and notorious and the Party's Proponent do alledge and propound of any other time and every thing contained in this article jointly and severally.
2d
That in Supply of Proof of the next foregoing article the Parties Proponent do referr to his Majesty’s Declaration of War as Publick and notorious and pray that the same may be here read and taken as if herein inserted and this was and is true and the Parties Proponent do alledge and propound as before.
3rd
That by his Majestys Proclamation for the Distribution of the Prizes taken from the Enemy bearing Date the seventh day of July 1756 It is therein among other things Ordained as follows (to wit) “But in case any such Prize shall be taken or Ship of War or Privateer of the Enemy be taken Sunk Burnt or Destroyed by any of our Ship or Ships of War under the Command of a Flag or Flags, the Flag Officer or Officers being actually on Board or Directing and assisting in the Capture to have one of the said three Eighth parts, the said one Eighth part to be paid to such Flag or Flag Officers in such Proportions and Subject to such Regulations as are hereinafter for that purpose mentioned,” And it is further likewise Ordained and Regulated in and by the said Proclamation as follows (to wit) “Sixthly that when more Flag Officers than one Serve together the Eighth part of the Prizes taken and Bounty Money for the taking Sinking Burning or Destroying Ships of War or Privateers of the Enemy by any Ships of the Fleet or Squadron shall be Divided in the following Proportions (Videlicet) If there be but two Flag Officers the Chief shall have two third parts of the said One Eighth part and the other shall have the Remaining third part.”
4th
That in supply of Proof of the Premisses contained in the next foregoing article the Parties Proponent do refer to his Majesty’s said Proclamation as Publick and Notorious and pray that the same may be here read and taken as if herein inserted and this was and is true and the Party Proponent do alledge and propound as before.
5th
That on or about the 24th day of December 1756 the said Temple West Esquire being then Vice Admiral of the Blue the Lords Commissioners for Executing the Office of Lord High Admiral of Great Britain and Ireland &c put under the Command of the said Admiral West the Ships named in the Margin to form a Squadron as well to oppose and Defeat the Designs of the Enemy as to Defend and Protect the Trade of his Majesty’s Subjects with Instructions to the said Admiral bearing date the 28th day of December 1756 to Cruize from the Latitude of 47 Degrees North to 43 Degrees and Longitude off Cape Finisterre taking care to make the said Cape once in 14 Days and further by the said Instructions Ordered the said Admiral to take under his Command the Five Ships named in the Margin which Vice Admiral Knowles had left Cruizing in the same Station and further by the said Instructions Ordered the said Admiral to take under his Command the Antilope and Unicorn which were Cruizing off Cape Clear and also the Sheerness Tartar and Lowestofte Stationed off Brest, and further Ordering that when the said Admiral should be reinforced by other Ships which should from time to time be sent out to join him, to send into Port an equal number of the most Foul and Sickly in their Room and further Ordering the said Admiral to Conform himself in all other Respects as in the said Instructions are contained and this was and is true Publick and notorious and the Partys Proponent do alledge and propound of any other Number of Ships and as before.
6th
That in Supply of Proof of the Premisses mentioned in the next preceding article the Partys Proponent Do exhibit and hereunto annex the Original Instructions marked A sent to the said Temple West Esquire Vice Admiral of the Blue and Commander in Chief of his Majesty’s Ships and Vessels intended to be employed to the Westward and the Partys Proponent do alledge that the said Original Instructions were given and sent to the said vice admiral by Command of the said Lords Commissioners for Executing the Office of Lord High Admiral and were and are by Command of their said Lordships signed J Clevland who was and is their Lordships’ Secretary and the Partys Proponent do pray that the same may be here read and taken as if herein inserted and that Temple West Esquire mentioned in the said Instructions and Temple West Esquire one of the PArtys in this Cause was and is the same Person and not divers and this was and is true and the Partys Proponent do alledge and propound as before.
7th
That in Consequence of the appointment of the said Vice Admiral West he the said Vice Admiral West accordingly took upon him the Command of the said Ships and acted as Flag Officer or Commander in Chief upon the said Station so Ordered by the said Instructions and as Commander in Chief Did Issue out his Orders and Rendezvous to the several Captains under his Command (particularly amongst others) to Captain Vernon Commander of his Majesty’s Ship Lyme and to the Honourable Richard How Commander of his Majesty’s Ship Dunkirk which Orders to the said Captains Vernon and How were Dated on the said 28th December 1756 and the General Rendezvous sent to all the Captains under his Command were of same Date and this was and is true and the Partys Proponent do alledge and propound of any other Orders and as before.
8th
That in Supply of Proof of the Premisses mentioned in the next preceeding article the Parties Proponent Do Exhibit and hereunto annex Copies of the said Orders marked B so sent to the said Captains How and Vernon and do alledge that the said Original Orders were signed by the said Temple West Vice Admiral aforesaid and also by his Secretary Mr Robert Hardy and that the said Exhibit B is a true Copy thereof and the Partys Proponent do likewise Exhibit and hereunto annex a Copy of the Rendezvous given or sent in General to all the Captains under his Command marked Z the Originals whereof were signed by the said Vice Admiral and that the said Exhibit Z is a true Copy thereof and the Partys Proponent pray that the same may be here read and taken as if herein inserted and this was and is true and the Partys Proponent do alledge and propound as before.
9th
That on or about the 31st day of December 1756 the said Lords Commissioners sent additional or further Orders to the said Vice Admiral West Ordering him to take under his Command his Majesty’s Ship York after the said Ship should have seen the Trade safe into Lisbon and employ him in such manner as the admiral should think fit and most Condusive to his Majesty’s Service and this was and is true publick and notorious and the Party Proponent do alledge and propound of any other Orders and as before.
10th
That in Supply of Proof of the Premisses mentioned in the next Preceeding article the Partys Proponent Do Exhibit and hereunto annex the said Original additional Instructions marked C sent to the said Vice Admiral West and do alledge that the said Original Instructions were given and sent to the said Vice Admiral By Command of the said Lords Commisioners for Executing the Office of Lord High Admiral and were and are by Command of their said Lordships signed J Clevland who was and is their Lordships Secretary and the Partys Proponent do pray that the same may be here Read and taken as if herein inserted and that Temple West Esquire mentioned in the said Original Instructions and Temple West Esquire one of the Partys in this Cause was and is the same Person and not divers and this was and is true and the Partys Proponent do alledge and propound as before.
11th
That in or about the month of February 1757 Thomas Broderick Esquire Rear Admiral of the White was by the said Lords Commissioners employed under the Command of the said Vice Admiral West and on the 22d day of the Month of February Mr J Clevland their Lordships Secretary sent a Letter to the said Vice Admiral West Informing him thereof and that the said Rear Admiral was to proceed out to join him in the Harwich but was to hoist his Flag on board the Cambridge or any other Ship the Vice Admiral should think proper also further Informing the said Vice Admiral that a Squadron of Ships under the Command of Rear Admiral Holbourne with a Great Number of Transports was Speedily to Sail for Cork in Order to proceed from thence to North America and that therefore their Lordships had recommended it to the said Vice Admiral to Cruize in such a Station between Ushant and Cape Clear as he should think most proper for covering the several Convoys in their Passage out of the Channel and for intercepting the Enemy in case they should attempt to put to Sea and this was and is true and the Partys Proponent do alledge and propound as before.
12th
That in Supply of Proof of the Premisses mentioned in the next preceeding article the Partys Proponent do Exhibit and hereunto annex the said Original Letter marked D sent as aforesaid to the said Vice Admiral West and Signed by J Clevland Esquire their Lordships Secretary and do alledge that the same was sent to the said Vice Admiral as aforesaid by the Direction of the said Lords Commissioners and this was and is true and the Partys Proponent do alledge and propound as before.
13th
That on or about the Eleventh day of March 1757 the said Lords Commissioners of the Admiralty Ordered his Majesty’s Ship the Somerset whereof Francis Geary Esquire was Commander and the Devonshire whereof Edward Hughes Esquire was Commander to Proceed to join Vice Admiral West who was then at Sea and to be under the Command of the said Vice Admiral and accordingly a Letter was sent to the said Vice Admiral by the said Mr J Clevland their Lordships’ Secretary as aforesaid acquainting the said admiral of such their Lordships’ Direction and this was and is true and the partys Proponent do alledge and propound as before.
14th
That in Supply of Proof of the Premisses mentioned in the next preceeding article the Partys Proponent do Exhibit and hereunto annex the said Original Letter Dated the 11th March 1757 as aforesaid marked E sent as aforesaid to the said Vice Admiral West and signed by J Clevland Esquire their Lordships’ Secretary and do alledge that the same was sent to the said Vice Admiral West as aforesaid by the Direction of the said Lords Commissioners and this was and is true and the Partys Proponent do alledge and propound as before.
15th
That the said Vice Admiral West being and continuing on his Station as before sett forth did as Commander in Chief of his Majesty’s Ships and Vessels employed to the Westward on board his Majesty’s Ship Magnanime at Sea on or about the twenty first of March 1757 send General Orders and Instructions in Writing unto Thomas Broderick Esquire Rear Admiral of the White Squadron of his Majesty’s Fleet for his Directing Conducting and Managing the Ships under his Command for his Majesty’s Service in such manner as might best answer the Purpose of Protecting the Trade of his Majestys Subjects and annoying the Enemy together with such further Directions as were thought necessary for the preservation of his Majestys Ships and Men as in the said Orders and Instructions are more particularly set forth and this was and is true and the Partys Proponent do alledge and propound as before.
16th
That in Supply of Proof of the Premisses mentioned in the next preceeding article the Partys Proponent do Exhibit and hereunto annex a Copy of the said Original Orders and Instructions marked F so sent to the said Rear Admiral Broderick as aforesaid and do alledge that the said Original Orders and Instructions whereof the said Exhibit F is a true Copy were signed by the said Temple West Vice Admiral aforesaid and also by his Secretary Mr Robert Hardy and the and the Partys Proponent do pray that the said Exhibit may be here read and taken as if herein inserted and the Partys Proponent do alledge and propound as before.
17th
That on or about the Eighth of April 1757 the Lords Commissioners sent Orders to Rear Admiral Broderick on Information that his Majesty’s Ships Somerset Devonshire York Rochester and Falmouth had not yet joined him for the said Rear Admiral to proceed to the Rendezvous fixed by Vice Admiral West in Quest of the said Ships and having met with them for him to take them under his Command and carry into Execution their Lordships’ Instructions agreeable to the Orders given to the said Rear Admiral by the said Vice Admiral West and for the said Rear Admiral to Cruize so long upon the present Station as the Health of the Seamen and his Provisions and Water would admit when he was to send those Ships that should be most unable to keep the Sea into Port and to remain Cruizing with the rest on the said Station till further Orders and this was and is true and the Partys Proponent do alledge and propound as before.
18th
That in Supply of Proof of the Premisses in the next preceeding article mentioned the Partys Proponent do Exhibit and hereunto annex a Copy of the said Original Orders marked G so sent to the said Rear Admiral Broderick which the Partys Proponent do pray may be here read and taken as if herein inserted and do alledge that such Original Orders whereof the Exhibit G was and is a true Copy were given and sent to the said Rear Admiral Broderick one of the partys in this Cause By Command of the said Lords Commissioners for Executing the Office of Lord High Admiral of Great Britain and this was and is true and the partys Proponent do alledge and propound as before.
19th
That on or about the Eighth of April 1757 the said Rear Admiral Broderick continuing to act as Rear Admiral of the White Squadron of his Majesty’s Fleet sent Orders and Directions to Captain Rowley Commander of his Majesty’s Ship Harwich to proceed with his Majesty’s said Ship under his Command off Cape Finisterre keeping in the Longitude thereof til he had made the Cape carefully looking out for any of his Majesty’s Ships that might be on that Station with Orders to join Vice Admiral West or the said Rear Admiral Broderick together with such further Directions to the said Captain Rowley as are particularly contained in the said Original Orders and this was and is true and the partys Proponent do alledge and propound as before.
20th
That in Supply of Proof of the Premisses mentioned in the next preceeding article the parties Proponent do Exhibit and hereunto annex a Copy of the said Original Orders marked H so sent to the said Captain Rowley which he prays may be here read and taken as if herein inserted and do alledge that the said Orders whereof the said Exhibit H is a true Copy were signed by the said Thomas Broderick Esquire One of the partys in this Cause and also by his Secretary Mr William Burton and this was and is true and the partys proponent do alledge and propound as before.
21st
That on or about the 31st of May 1757 and not before the said Lords Commissioners required and directed the said Temple West Esquire then Vice Admiral of the White to Strike his Flag and remain on Shore and this was and is true and the partys proponent do alledge and propound as before.
22nd
That in Supply of Proof of the Premisses mentioned in the next preceeding article the partys Proponent do Exhibit and hereunto annex the Original Order of the said Lords commissioners marked I which they pray may be taken and read as if herein inserted and do alledge that the same was sent by Order of the said Lords Commissioners and was and is signed by J Clevland their Lordships’ Secretary and this was and is true and the partys proponent do alledge and propound as before.
23d
That from the said 24th December 1756 to the said 31st May 1757 the said Temple West Esquire acted as Vice Admiral of his Majesty’s Fleet Employed as afore set forth and gave his Orders accordingly and had under his Command the several Ships before set forth particualarly the Somerset Devonshire and Rochester the Captors of the said Ship in Question called Le Dauphin the Captains of which said Ships the Somerset Devonshire and Rochester had (among other Orders) a Copy of the said Rendezvous marked Z given or sent to them by the proper Officer in that behalf and this was and is true and the partys Proponent do alledge and propound as before.
24th
That the said Thomas Broderick Esquire acted as Rear Admiral under the said Vice Admiral West from the _______ [blank] day of the Month of February 1757 unto the said 31st day of May 1757 and gave his Orders accordingly under the said Vice Admiral West and this was and is true and the parties Proponent do alledge and propound as before.
25th
That whilst the said Temple West and Thomas Broderick Esquires acted as Vice and Rear Admirals as above sett forth the said Ship Le Dauphin the Prize in Question was (to wit) on or about the 9th day of April 1757 taken in Latitude about 46 by his Majesty’s Ships of War the Rochester whereof Robert Duff Esquire was Commander the Somerset whereof Francis Geary Esquire was Commander and the Devonshire whereof Edward Hughes Esquire was Commander and carried to Portsmouth and the parties Proponent do alledge that at the time of such Capture and Seizure the said Temple West Esquire had his Flag Flying on Board as Vice Admiral and the said Thomas Broderick Esquire had his Flag Flying on Board as Rear Admiral and the said Ships the Rochester Somerset and Devonshire were then under the respective Commands of the said Vice Admiral West and Rear Admiral Broderick who were at the time of such Capture actually on Board or Directing and Assisting in the said Capture and are therefore entitled according to his Majesty’s Proclamation to One Eighth part of the Neat Produce of the Prize in Question to be Shared between the said admirals according to the proportions mentioned in the said Proclamation (to wit) Two thirds of the said One Eighth part to the Chief admiral and the remaining third to the other admiral and this was and is true and the partys Proponent do alledge and propound as before.
26th
That all and singular the Premisses were and are true and so forth.
[signé]
George Hay
R Smalbroke