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book_n	know_v	law_n	write_v	2,539	5	5.6254	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A54459	A regulation for seamen wherein a method is humbly proposed : whereby their majesties fleet may at all times be speedily and effectually mann'd and the merchants be more readily and cheaper serv'd, without having their men at any time press'd or taken away ... / by John Perry, late captain of the Signet-Fireship, now a prisoner in the Marshalses ...	Perry, John, 1670-1732.	1695 (1695)	Wing P1649; ESTC R30771	33,832	62

no Orders as he lay with his Bough on board the Diamond 's Quarter then believing in that little time I had to consider of it that as soon as I had set fire to the Privateer the Men to save themselves must have run into the Diamond and with such haste that most of them must have gone without Arms and consequently have been forced to beg for quarter This as God is my Witness was then my Thoughts and Resolutions but having gain'd the Wind and brought the Privateer right a head of me not half a Cables length distance we saw the Diamond 's Colours struck and coming up very near we perceiv'd none but French men upon the Deck and no resistance made and that the Diamond was lost I then found my Design ruin'd and prevented and nor in my power to recover the Diamond neither could I do any Injury to the Enemy unless at the same time I had sacrificed not only my self but all my Men to the Revenge and Fury of the Enemy we having no Ship nor Refuge left for us to hope to fly to that could have saved us from the Pursuit and Destruction of the other Privateer who all the time from the Philippoes boarding the Diamond was very near us and siring upon us with both their great and small Shot and finding thus that we could do no service and that we had no power to escape or defend our selves we surrender'd But had I then burnt the Privateer it is very probable as Circumstances since appear it would have been my utter Ruine though the Enemy had given me quarter for my Commodore might have then said that I was the occasion of the Loss of his Ship by telling that there was but a few Men boarded him that they were at close Quarters the Enemy just ready to cry for Quarter and that then I came without Orders or Notice and fired the Privateer put all his Men into a Consternation and Dread of being burnt themselves fore'd all the Privateer's Men into the Diamond who by their greater Numbers over power'd them and so they lost their Ship and that if I had staid till he had thought fit to give me the Signal I might have done Service and saved the Ship All which though Supposition only I humbly offer to the Consideration of the impartial Reader and whether the World would not have easily believed such an Allegation true and that such a Man of War could not have been otherwise lost so soon especially to one Privateer The Question has been put Why I did not burn my Ship when I found I could not do Execution upon the Enemy Whether it is thought a Fault in me or no I know not But I humbly hope that since there has been no President of it that ever I heard of except it was when the Men could make their escape to shoar or to a Fleet that could protect them I shall not be thought a Criminal for it it being very reasonable to think that had we destroyed our Ship when we were under their power they would have prevented us from saving our selves on board any Merchant-ship and have left us to the Mercy of the Sea or destroyed us which all my Men then said and I believed they would have done This being the true and just account of my Case as near as I can remember what could have been more expected from me I know not it was my Unhappiness to come home and be in this unfortunate Action for which now I suffer But if I had only lain in my Post for so short a time as that wherein the Diamond was taken without making any Attempt at all with Submission to better Judgments I believe If Orders are always to be observ'd I might have justified my self though not so honourably I being under Command and to expect a Signal which was never given me But notwithstanding that I did attempt to burn the Enemy and had done it thinking thereby to have merited the good Opinion of my Country had I not to my great Surprize and Amazement found the Diamond so soon surrendred which was immediately after she was boarded But the main and only Question which I fail'd in answering to at my Tryal and for which the World generally condemns me is Why I did not burn the Privateer or the Diamond and Privateer too after I saw the Diamond was surrendred All the Answer I made to it when the Question was put to me by the Court was That I believed that if we had so done we should have had no Quarter to which no Replication being made threw me under that unhappy Mistake that they took my Answer for granted believing that if they had not so done they would have signified it to me and therefore I did offer no Reasons though prepar'd to prove it but did believe it needless and indeed my Sentence when given was so unexpected and surprizing to me that I thereupon replyed That if the thing were to do again I knew not how I could do any thing more or better than I did and humbly prayed the Court to let me know wherein I had failed to do my Duty but it was then too late and I had no Answer to it The Reasons that I had then to offer were as followeth Had it been possible for me to have burnt the Privateer and Diamond too after she was surrendred those on board the Diamond must have been burnt or drowned by their own Countrymen but had we so done it was impossible for us to escape and as unreasonable to expect any thing but utter Destruction from the other Privateer This I did and do still believe would have been my Fate and I must consess it was the only thing that hindred me from attempting to do Execution after the surrender of the Diamond and as I always did and ever shall abhor deserving the Name of a Coward and my former Behaviour can never deserve that Imputation so on the other side I would not throw my Life away when there is not the least prospect of preserving it The Reasons why I did and do still believe that had we done Execution and been taken we should have been denyed Quarter is in the first place because I knew it to be affirmed to be the Law of Arms and Nations that Quarter was denyed to Fire-ships Men if taken after Execution in the Book De Jure Maritime Navali lib. I. cap. 13 † By the Laws of Nations and by the Laws of Arms and at this day practised in all Fights the small Frigats Ketches and Smacks are to observe and take notice of the Enemies Fire-Ships and to watch their motion and to do their best to cut off their Boats and generally the Persons found in them are to be put to death if taken and the Vessel if not taken destroyed and the reason why the extremity of War is used to such is that by how much the Mischief is the greater by the

act of such Men if executed by so much the Punishment is aggravated if taken and quarter denied them by the Law of War the only Book that ever I heard of that treats of Sea-Affairs of that kind and which has ben never writ against or contradicted that ever I heard of but had there been no such Law ever heard of in my opinion with Deference to better Judgments the very Reason and Nature of the thing in my Case especially might induce any Man to believe that had I done Execution upon the Enemy after the surrender of the Diamond the utter Destruction both of my self and Men might have been most justly expected for what could have been more provoking and deserving of Death than for me when the Diamond was lost and I under the Power of the Enemy and they calling upon me to strike to do them the utmost Mischief I could Could I in such a case expect or hope for quarter A Garrison that suffers a Storm at the last extremity has much more reason to expect it for they may possibly save themselves but to us it was impossible for when the Diamond was gone there was nothing left to save us from the Power of the Enemy Had not the other Privateer lain as he did firing upon us and who had mann'd his Boats and were coming to intercept and cut off our Escape to the Merchantmen who were all upon the run as soon as they saw the Diamond 's Colours struck and who sail'd faster than my Boat could row even in that case no Merchant-man could save us or herself from the pursuit of the other Privateer who sail'd very well If ever there was any President that was found contrary to the said general Rule and Practice set down in the aforesaid Book of destroying Fireships men if taken after Execution and if there were any Men that ever had Quarter from the Enemy which is more than ever I heard of I presume it must have been not as in my Case but when there was a probability for them to escape when the Attempt was made In general Fights Fire-ships are commanded upon Execution and must go let their Fate be what it will and then there is all probability for their Escape a Frigat or Boats being always ready to take them up and a Fleet able to protect them when taken up but if they should miscarry and are taken the Enemy would have much more reason to forgive them than for me who could not plead either Command for Execution or Hope of Escape after I had done it All which I humbly offer to the charitable Considerations and Judgments of all judicious Persons and whether if we had done execution upon the Enemy after the surrender of the Diamond we could have expected Quarter I have been the more tedious upon this single Point because I am generally condemn'd for it and I believe had I spoke to it at my Tryal it would have been now better for me Upon the whole I humbly hope it will be consider'd First That I was commanded to the Leeward of the Diamond and as to my Distance though it has been alledg'd against me by my Commodore that I was not near enough to the Diamond to have prevented the Privateer from boarding him yet it can never enter into my Thoughts that he did really think that I was not near enough to him or that I could have prevented the Privateer from boarding him for first if he had not thought me near enough he having the Wind of me and Sailing much better than me he might have boar down to me at any time and brought me as near to him as he pleas'd but if I had been ever so near to him I know not how it could have been possible or in my Power to have prevented the Privateer from boarding he having the Wind both of me and the Diamond too and either of the Privateers could have run round me at any time and have disabled or ruined me at their pleasure I being unable to make any Defence having sent all my Men away as usual on such Occasions except my Boat 's Crew which row'd but with six Oars my Ship was not only small but a very heavy Sailer and being not fit for the Sea was broak up at St. Maloes whilst I was there Secondly That I was not at my own Liberty to act when I thought fit for I was under a Commodore who gave me Orders when I should go upon Service and whose Orders I was to obey Thirdly That he never did give me any signal for going upon Service during the Action Fourthly That though I had no Orders and did run the hazard thereby of ruining my self if I had been unsuccessful in my Attempt yet notwithstanding I did endeavour to do Service and as it was sworn at my Tryal I did set all my Sails to gain the Wind and that within a very little time from the Enemies boarding I had gain'd the Wind and had laid the Privateer on board had the Diamond but held out which she might easily have done had they but given the Enemy any reasonable Opposition at boarding or at least defended their Close Quarters or behaved themselves any thing likely which indeed I did not in the least suspect when I was making my Attempt Fifthly That if I could have done Execution after the Diamond was taken yet it was impossible for me to escape Sixthly If it was not unreasonable for me to expect Quarter from the other Privateer after I had burnt his Confort or his Prize knowing at the very same moment that I must fall under his Power Lastly If it can still be thought that I am in Fault because I did not do Service though with the certainty of being denied Quarter yet I on the other side with all submission hope that it may be consider'd that if I had happily been under the Command of a Man of War that had Fought any thing like what was reasonably expected I had not deserv'd any Censure I have given here as short and brief Account of the Action as I can which relates to my particular Case and have forbore personal Reflections as much as possible without doing injustice to my self and have not omitted to the best of my Memory any one material thing There are indeed some other things which I hear have been reported to my Prejudice and which I also think sit here to take notice of and answer by reason that I would not willingly remain any longer under any Persons ill Opinion one thing is That the Master of my Ship would have had me attempted to have burnt the Privateer before she boarded the Diamond and that I refused to do it replying that I was Captain of the Ship This was indeed sworn at my Tryal and it was true that he did make such a Motion and I did refuse it and I submit it to the Judgment of all those Persons who know the nature of Commands