CAPT. BADILEY'S REPLY TO CERTAIN DECLARATIONS FROM Capt. Seamen, Cap. el, & Cap. Fisher. AS HE Found them divulged abroad in a Fallacious PAMPHLET, called The Remonstrance of the Fight near Legorn, between the English and the Dutch.  
AS ALSO: Many other Particulars, as they were presented to his Excellency the Lord General CROMWELL, And the Right Honourable, the Council of State.  
LONDON, Printed by Matthew Simmons, in Aldersgate-streete, 1653.   

THE ANSWER TO CAPT. seaman's DECLARATION.  
FIrst he saith, when Captain Cox was sent to know in what a condition they were in, than he replied, so and so.  
To that passage I answer thus, having received about 20 Letters from Legorn, acquainting me with the stubborness and averseness of the said Seaman, to do any service that might have conduced as much to their Employers' benefit, and their own goods, as to the honour of the Nation, and having been sufficiently advised of the backwardness of the States servants, I sent the afore-named Capt. Cox to put some life into them, by giving them to understand how much it concerned them, for ends before denoted, to act vigorously, and come away to my Assistance, but nothing would, fair means, or acts of Civility, work (in the least) upon the said Seaman, but the production of some such scorn as was ordinary with him; What, do you think we come hither to convey the State's Ships? Cannot they be gone of themselves, without the help of Merchant's Ships?  
In the next place he saith, As soon as the State's Commissioners came, he rendered obedience unto them; which is a desperate untruth; For being at Legorn the beginning of Nou. with all the Arguments I could use in a friendly and persuasive way, I could not prevail with him, and Capt. Roope, and thereby they hindered Capt. Marsh, who told me he would readily submit to serve the State, if the rest would embrace the Commissions, and serve.  
However a good while afterwards (whilst) I was absent at Porto Longone, Mr. Longland carried the State's Commissions on board their Ships, and reading of it at their Mainmast before Witness, prevailed with them to land their Goods, and serve the State; whereas, had they readily embraced the Commissions, we might have been in a far better Capacity than we were.  
Next, he tells a piece of ridiculous stuff, that at Legorn in the afternoon (we may guess when) a Counsel was called, and he was told but so and so.  
Here he plays the Weaver, and mingles a great many falsities together: He saith, Mr. Longland and myself told him we must be gone in fifteen days.  
To that I answer: Truth is, I did acquaint him the great Duke would thrust us out of his Port, and in twelve days we must be gone, else for aught I could perceive, we must be destroyed, more Guns being then brought down, and planted against the Leopard; and he well knoweth, I went on board the Samson, as well as on board other Ships, and caused all his Officers and Mariners to be called together, and being assembled, I made a Speech among them to this effect, Our condition is much like the Lepers we read of, or like to those that have had enemies before and behind them; and the rise I took from thence, to desire they might quit themselves like English men, when ever they came to it, is not unknown to him, except he stopped his ears all the time I was speaking.  
But in the next place, after he had showed himself liker a Mouse then a Man that flood up for the Honour of his own Nation, he turns Champion for the Great Duke, and as one that had conned his Letter at that Court, said, that he heard we might have stayed ten days, and ten days after that, etc.  
But to that passage I answer, the more unworthy person he, that he should never acquaint me with any such thing; for I understood neither directly, nor indirectly, but that we must have been destroyed in the Great Duke's Port, if we had stayed longer than our limited time.  
The next thing that concerns me to Answer, is, that Cap. Vpcher told him they were near the Lantern in the night, but in the morning we were two or three leagues off. Indeed we were near the Lantern within four or five miles thereof, about midnight, and if then he had not lain like a Lurdaine upon the Bed or Couch, but had vigorously endeavoured to have put my Order in execution, when I sent for him among others, I believest he had saved his Ship, and the State had saved their Repute they lost in some measure, by employing as instruments, such Paltry Drones.  
But saith he, In the morning we were three or four leagues off: For Answer, I leave it to understanding Seamen to judge (how far we were off) having all the night long not above fourteen or fifteen fathom water, and since we saw not the Malora before night, we could not tell assuredly whether we were to the southward, or to the eastward of him, until it grew the lighter for day, and then we hastened in as the wind gave leave, with all the sail we could make.  
Next, he tells you, That my Lieutenant was sent in to them to call them out, and that upon their lives, before I was too much engaged. Mark now, if the Question were asked this impudent person, being it was on your lives, what will become of your life now? since it can be proved notwithstanding that Order, you lay like a Drone four or five hours after, and did nothing at all as to going out.  
If he Object, We were to be engaged first; (I know that was agreed on, if the Ships did not come out in the night) but since he stayed while it was day, why stayed he not until we were engaged? himself saith, They should come out before we were too much engaged, Ergo, They should have stayed in the day time until we had been Engaged.  
But to mend the matter, He thought I would not Engage. This is pretty stuff; but if it opens not a gap for every inferior Officer to take hold of his Commander's Throat, I shall remain satisfied to lie under that indignity for the present.  
In the next place, he tells us that Mr. Longland and others ordered them to go out next morning.  
For Answer, pray let every one judge, who is like to speak truth. Mr. Longland writes in sundry Letters to several men, and to myself, that when he heard they were gone out before I had engaged, he shut himself into his Chamber, and in his thoughts gave all for lost.  
In the next place, Here's Oath made by a credible witness, that Capt. John Wood, who lost both his ship and life in the business, confessed when he was going out of the world, that their destruction was of themselves by going out too soon in the morning, it being against the result of their own deliberate Counsel of War, and diametrically cross to what was concluded among our part of the Fleet, as may be seen among the Copies of the Orders, dated the 1 or 11 of March, in the close there was this concluded on; That if the Enemy come out, and the wind were Easterly, we should toil them off by standing a little to the southward. Compare that with my Letter of the 3 or 13 of March at 4 a Clock in the morning, and there I told told them (as I remember) (and Capt. Appleton confesseth as much by his Letter of that day's date, at four in the afternoon) I was very loath to hazard that Squadron, being somewhat the less, wherefore I would not have them venture before they saw me engaged: or words to that purpose.  
Next he saith, That when I saw them out of the Mould, I tacked about. To which I answer, for ends before denoted, as also in regard it was the opinion of Mr. and Pilots, that we could not weather the Malora, we did tack off for half an hour, the head-most of the Flemish Fleet then bearing away directly with us, and had been with us in half an hour, if our Ships in the Mould had not impudently come out as they did: And I appeal unto all understanding Seaman in England (that knows what Legorn-Road is) whether it be not most hazardous to engage with such Ships of Charge, as we had in that Auger-hole: And whether we were not as gallantly to pass as any men in the world could be, to go jameing off with our Main-saile haled up, (as well to clear our Ordnance in the Capstain Way, as otherwise) since the Malora did now bear N. N. E. about a mile off; for (if they had stayed a little longer in the Mould) we had Sea-room enough: and as I said to them that were next to me, Now if haife a dozen of these fellows of Van Gallen Crew comes on board, the Parragons' side will hold them, and by that time every one hath had his share, and that we are all hot at our business, & then the Ships in the Mould will out, and coming fresh on the Enemy, I doubt not but by God's assistance we shall have the day.  
Yet as soon as we saw the ships in the Mould coming out, and that the Enemy tacked upon them, we set our Main-saile, and top-gallant-sailes, and stood in with all the Sail we could make, and as the wind gave leave: This is proved by sundry Witnesses upon oath, and I dare presume to find as many score, as there are particular persons to attest so much, that I lost no time in coming in, and sent Captain Mings to tell the Commander of the Frigates, I would have them hasten in with all the Sail they could make, to help them that stood most in need of Assistance: But before I came within shot, the Sampson after half an hour's dispute, or less, not having men on the upper Deck to trim Sails, was all on a light fire. Concerning the manner of the calling off the Fleet, I have spoken elsewhere, and being chased by the eight ships, I shall speak to it, when I come to answer Ell, and Fisher.  
But in the Close he saith, If I had been a Pensioner to the State of Holland, I could not have done them better service than I did.  
This is an Expression, that shows the man (as we use to say of a picture that is drawn to the life) I can hardly think there is ever an Enemy I have in England, but must needs confess its pure malice.  
But now considering what I have declared in Answer to C. Appletons' Remonstrance, and the Affidavits that are annexed, and Letters, let the world judge who was likeliest to be the State of Holland's Pensioner, he or I  

In a complete number of Particulars, every syllable whereof is, or will be proved upon Oath.  
FIrst, if not by the open defiance he made to the State of England, as our Letters from Legorn can testify; yet by the great stubbornness, and perverseness that was in him to assist in my first Engagement (proved at large) in humane reason occasioned all the ruin befell us near that place, and was the cause why the Merchant's goods are not in England; he would not help us, and therefore God order it out, that we should not be able to help him.  
Secondly, His backwardness above all men to go out to Sea, and do service, when he was the State's servant, saying, To go out upon nine or ten of the Enemies inferior ships (when we had six such gallant ships to have engaged them, and so break our way through) was to lose three or four good ships in his opinion.  
Thirdly, If his Prayer would help on his Ruin, than I am sure he wanted not to wish, with as much earnestness as a man could do (even in my presence) that the Samson were of a light fire, and that it grieved him to look on her (in regard he had received some discontent from his men) whereupon as one astonished, considering how lately he had lost a ship by fire, I replied, Hold, hold, Captain Seaman, oftentimes God annexes his Amen to such passionate expressions. Add to that his running ashore very few days before his disaster, at a time he knows he ought to be better employed, viz. the Lords day (for men that were but civil could not choose but cry shame on't) to see his servants all that day act the parts of Effeminates in women's apparel. I say (let the world think what they will) I judge it occasioned God to leave him to effeminateness of spirit, at the time when he should have showed more manhood, and therein he did the Dutch as good service as if he had been their Pensioner; and he well knows, I told him then, I feared a hand of God was not fare from him.  
Fourthly, When as I sent my Lieutenant to wish them to act vigorously, by cutting their Fasts immediately, and come out, the wind blowing afresh off shore, and we being near the Lantern to receive them, according as my Lieutenant makes Oath (as if indeed he had been Pensioner to the Dutch) he would not rise off his  to the Captain's Consultation, but there lay like a Cow, when a business was to be transacted of so high concernment to the honour of the Nation, the saving of men's lives, and benefit of all our Nations Merchants in point of Trade.  
Fifthly, His giving consent to come out so soon in the morning, before we had wrought in our Ships and Frigates near the Mould-head to receive them, or were engaged with the Enemy.  
Sixtly, That contrary to all reason and order being out, as if he had indented beforehand to be a means of the Sampsons' destruction, runs with all his men under Hatches (as saith our Letters from Legorn:) Whereas if some persons had been kept on the upper Deck to have trimmed her Foresail, doubtless she had come away clear of young Trump, and the Fireship also.  
Seventhly, After Mr. Longland had showed favour to him and other Captains in time of their imprisonment, by his writing on their behalf into England, that they might be remembered in point of Exchanges, and afterwards had engaged himself in some thousands of crowns, that he the said Seaman & others should render themselves true Prisoners in Holland. I say, when that Gentleman came to visitehim, after many acts of Civility showed to him (as if he had received a Pension from the Dutch) he would have knocked out his brains with stones he heaved at him, since he was the State of England's Public Minister, & a man of such worth, as if this insolent malicious man's conscience would but speak out, it must needs confess; That although the State may have many faithful Servants, it's impossible they should have any in such an employment (as he is in) more studious and industrious to promote their Honour and Interest.  
Richard Badiley.   

Here followeth an Answer to C. Ell's Declaration.  
FIrst, he saith, that soon after Capt. Appletons' Squadron came out of the Mould, the Dutch tacked on them, and then Cap. Badileys' Squadron might have come at them.  
I have not the spirit of Divination, to know what he means by that Passage: It's truth, we might have come at them, and we did come at them at last: but if his meaning be, we might have come at them sooner than we did; Then thus; As soon as ever I saw our Ships coming out of the Mould, and what the Flemings were minded to do, I sent Cap. Mings on board the Frigates, to order the Commanders of them to hasten in with all the Sail they could pack to the assistance of that Squadron; and he being of the Reer-admirals' Squadron, the Phoenix wearing that Flag, he ought to have followed her with all the Sail he could make; but if he neglected the doing of his Duty, I believe it is not yet too late to call him to account, and do justice on him for such an Omission.  
If he means, I neglected, or lost time, or did not hasten in as the wind gave leave. I have showed the contrary to that by the Attestation of at least half a score of very sufficient Officers, as Captains, Lieutenants, Masters, and Masters-Mates; and I suppose it will not be very difficult, now the Fleet's come in, to find ten score Witnesses to prove, that I could do no more than I did in hastening in, if it had been to save the Commonwealth.  
In the next place he tells us two of the Enemy's ships were on board the Leopard on the Larboard side, and they all three lay with their heads to the Westward.  
This passeth as smoothly with them that knows not Starboard from Port, as that passage in Cap. Appletons' Remonstrance; wherein he expresseth, that when there was no Wind at all, he towed the Leopard through the Dutch Fleet, yea, and he towed her again through them, at which we need not say to all Seamen, pray laugh (since he had no help, but of two small Boats) for all such men know that a Land Commander might have been as soon believed in saying, A Mouse with a string in my Nose led me and my Troop through a Regiment of the Dutch; and so valorous it made us, that it pulled us through them again: For those Dutch Ships Stems and Bow-sprits lay directly over the Leopard's Broadside, and consequently their heads could not lie all one way; the Leopard's head lay to the , and the Flemings heads lay over her broad side to the Westward, and so with their two Topsails and foresails they kept full before the Wind, and poged her directly towards the sand that lieth from the Malora all along to the Main.  
And although I am ready to tear my paper, and throw all away, rather than spend my time in answering such horrid lies, as all these Declarations are stuffed withal, yet I see there is a necessity of my Patience in proceeding.  
He saith in the next place, that all my Squadron was to Wind-ward, and shot at a great distance; but some went nearer, as himself for one: Oh valorous man! Whilst he was at Civita Vechia, a month or two before he had the State's Comimssion; for then according to what the Boateswains Mate of the Hector (that was in the Ship with him) is ready to make Oath, he outpassed all others, for he drank the Confusion of the State of England (saith he) with such heartiness, that he heaved his Hat overboard, and would not let them fetch it again, being on such a score But it's proved by sundry Witnesses (and if occasion be, it will be proved by the Oaths of ten times as many knowing men, who observed what passed) that those who did least service among all the Ships, did as much as the Lewis, and as I have denoted elsewhere: But for not going on board the Leopard, or coming near me when our ship would not work, that I might have commanded him to go upon that service, his Cowardice or negligence therein, must needs have caused him to be brought under a most severe sentence, and if I had brought him home in chains to have been tried for his life, for that and other misdemeanours, all knowing men must confess I had done but Justice: however if lenity have emboldened him to be so audacious, I suppose it is not yet too late for authority to call him to an account, and perform that part that I omitted.  
But he proceeds, and tells us, that when he was getting the wind of the Leopard, although he had a man's head shot off, and another shot through the back, and some wounded, he was intended to relieve the  Ship; but when I saw him lean to Lea-ward, than I called him after me.  
This is a pretty story to come from a Sailor in Breeches; I hope his man's head that was shot off did not make his ship lean to Lee-ward?  
I answer; when I saw that he and others who were near the Leopard (being nimble ships) did not execute my orders in going on board to relieve her, when our Ship the Paragon would not bear up to do it, if it were to save a Nation, as it's proved upon oath by sundry witnesses, and can be proved by as many score if occasion require. Yet afterwards, when about a dozen of my chief Officers (I suppose as able men as any were in the Fleet) gave me in their opinion, as they would answer it upon their lives, it was no way likely, since the Leopard was driven so near the sand, that we could disentangle her from the other ships until all of us were aground, or be destroyed together, I did withdraw, and call off the Squadron: and I had been worthy of the repute of a madman, if I had not done it as I did, all things considered.  
I follows next, That having the Fireship near me, I might have engaged the Dutch Admiral.  
Let all men judge, whether this be not an impudent, brazenfaced person; and whether he were not under Hatches, whereas he should have been looking abroad, when about two hundred and fifty men and boys that were in the Paragon can, and I am confident will (when ever they are called to it) make oath that we did engage the Dutch Admiral within Musket-shot, and there discharged a volley of small shot, and about 30. piece of Ordnance into him at no further distance, leaving him by the Lee: And had we grappled, how could the Fireship have done her execution which I ordered her to do, and yet have saved our own ship; and if an honest stout person had been there to have made all the sail he could for the effecting thereof: But such a bundle of words, and good for little else, a proud, prating Consort (like unto them that put out these Declarations) I believe the Dutch Admiral might have been fired, and the day have been turned by it.  
In the last place he saith, The wind was at S. S. E. all day, and with nine ships I steered away, although was chased but with eight, and if we had tacked, it would have given a good wipe to our cowardice (including myself and all others with the cowardly K. himself) he having received the most damage, and that he saw the Leopard's Flag four hours after he came out. All these are such a company of long— that deserves neither time, nor paper to be spent in answering them: Patience.  
1. Whereas he saith, he received greater damage than the rest, I think his consort Fisher will quarrel with him about that point: But although the Paragon and others might receive three times as many shot as he, & lost men as well as he; if she and others had received a thousand great shot in the Hull, Masts, Sails, and Rigging (as the Paragon received little lesse not many months before) and although ¾ of the men were lost, yet the Commander ought to follow the service they were upon, so long as there was any hopes; and if this had been considered by him, he would not now bring in a lame excuse about his damage, in hopes to acquit himself from what he deserves, in not complying with the Order he received at the Council of War the day before, which was; That when the Commander in Chief of any squadron was removed, those of that squadron should attend the Commands of the Admiral; and the rear-admiral being aground, he should have attended near me to know on what service I would have put him.  
2. Whereas he saith, the wind was at S.S. E. when I called off the Squadron; Because I find him before mentioning his Journal (as now he doth in the Close) I thought him a greater Proficient in the Art of Navigation (than those that have judged he could not say his Compass) but now it doth not appear.  
For divers understanding Seamen have made oath, the wind was about the E. S. E. most part of the day, and myself, and hundreds besides can freeely make oath, the ship lay South, and from the S. by E. to the S. and by W. with the Stem, when we left Legorn-Road, and all the Afternoon after, until we bore away Laskin, so that we weathered the Gorgana about 3 or 4 Leagues, and then let all Seamen judge where the wind was.  
And whereas he saith, When but eight Dutch ships came after us nine, I would not tack upon them to wipe away our Cowardice:  
What if but two Frigates of the Dutch had followed us, (the rest being under the shore ready to come off to them) would it have been any wisdom to have tacked upon them, since the Paragon was a foul ship that had been off the ground about two years, and all the Dutch clean ships? the nearest was three leagues astern from the time they first stood after us: And pray mark the disproportionablenesse that was between us, and you will give some estimate at the malice that is in this man's heart.  
The Dutch were 26 Sail in the morning when they weighed; but by a hand of God we were reduced to nine, at withdrawing, and we saw no damage any of them had received, except one ship sunk, and their Fireship burnt, for which they had taken two of ours, and it may be the tiler of the Admiral's Rudder shot in pieces, which could not be long a mending, and one of those on board the Leopard was ready to sink as we thought, so that however they were three to one: But besides, there was the Reer-Admiralls Squadron, six great Ships, from 46. to 30. piece of Ordnance expected to the Enemy's assistance from Messina every moment, and there was a great ship looked for from the Westward, with 60. piece of Ordnance, and 3 or 400. men, which had in her Ammunition, and all manner of Accoutrements for that Fleet, & two other great ships from Tolloon, all which ships arrived next day, or within 2 or 3 days after as I have heard, but none could be expected to our relief. Besides, the Commander of the Constant Warwick and Elizabeth, told me their Main-masts were so cut with shot from the Enemy, that they were fearful they would fall by the board, ere they could fish them so, as to strengthen them to carry their ships through the Sea. The Commander of the Phoenix told me his fore-yard was in pieces, & he must have a little time to mend that ere he could do service: The little trust to be given the greatest part of my own Company may be guessed at, by the trick they served me at my first Engagement, the other four or five Merchant's ships (all but one) little better manned, then if they were to carry Salt, or Corn: So that all things being considered, I have cause to believe, that there is never an understanding man in England, but must have judged (the Enemy being above four to one odds) now whether it had been then any prudence to have engaged further, I leave it to old Soldiers to judge, who were wont to say, Bring a new or young Soldier into the Field, and when once their back is turned upon the Enemy, you shall never get him (at that time) to stand for doing any considerable service.  
But now, if Cap. el shall yet defend himself but from three or four men as well Armed as himself, where there is no Wall, Hedge, or Tree to lean his back against, I'll forgive him, and be content to sit down under the aspersion he hath laid upon me: But if not (although Justice shall sleep) I hope it will be no offence in me to desire the insolency of this person in Arragning and Condemning his Commander as a Coward before Trial (who hath been known to manage a Dispute by Sea, before he well knew how to tie up his Trusles) may open no gap for other proud, vapouring Sirs to fly in the face, and bespatter eminent, and gallant Commanders on whom (in some sense) I am not worthy to wait.  
Whereas he saith he saw the Leopard's Flag four hours after we came away, & she was shooting so long. By the oaths of very sufficient witnesses (that stood and looked on as they were prisoners on board the Flemings) it is proved, we could not be gone little above an hour before the English Colours were down, and the Dutch Colours were flying upon the aforenamed Ship.   

Here followeth an Answer to C. Fisher's Declaration.  
FIrst, he saith, That word was sent from me that very morning before they came out of the Mould, that I would not have Captain Appleton come forth until I came near the Lantern.  
If that be granted, then what mad men were they to come forth before myself, and the Frigates came there to receive them; or at least before they saw me engaged with the Enemy, since it was contrary to their deliberate Council of War that morning, when as Mr. Longland was among them, and adviseth as much by several Letters.  
Secondly, he saith, I sent two Messengers to order their coming out, although one was sent before to order them not to budge; but seeing me so wavering, they concluded so and so.  
I see he and others would feign stammer out something to excuse themselves, although it's not a little troublesome to me, I must comply with part of solemn Council, by answering some persons according to their folly, lest they be not only wise in their own Conceits, but judged by other so honest, as to speak something of truth.  
First then, that men may judge whether I was wavering or not: The 3, or 13. at four a Clock in the morning, I sent my Feluca in with a Letter to Cap. Appleton, the Contents of which was to this effect: Your squadron being the least, I am loath to hazard it, and therefore I would not have you stir before I come close on board the Mould-head to receive you, or be engaged with the Dutch.  
His Answer at four a Clock in the afternonn runs thus; I thankfully acknowledge your care of this squadrons preservation, but if we have a fine gale of wind off shore in the night (with your approbation) I will come out.  
In the beginning of that night, that those in the Moved might not be terrified about thoughts of the enemy's Fireship, Cap. Vpcher & Whiteing went in while it was calm, to tell them they were ordered to attend within Musket-shot of the Mould-head in the morning, and that the later was man'd for a Man of War, as well as a Fireship, to the end she might clap the Enemy's Fireship aboard, and surprise her in the first of our Dispute, in which service the Constant Warwick was to attend her.  
About midnight, seeing a most gallant fresh gale of wind off shore all Easterly, I called my Lieut. to me saying, take the Feluca, and go with all speed on board C. Appleton, and tell him, although I shall not send a warrant positively to require him to come away at this instant, because I know not how the wind may shift before you come there; yet if the gale continues, let him know I effectually recommend it to him, to cut his Fasts, and come away: He went accordingly to that Squadron, & then I supposed myself by the light of the Lantern (if I were not mistaken) to be about 3 or 4 miles off in the fair way. It seems my Lieut. arrived on board the Leopard about two a Clock the 4th in the morning, and having delivered his Message, all the Commanders were called to come and consult with Cap. Appleton what was best to be done; the word was passed from ship to ship, to the Commanders of the Samson, Perigrine, and Levant Merchant, they came: But although they called divers times, Ho the Marry, ho the Marry, the Admiral hath sent for us to come away; wherefore the Vice-admiral desires the Captain of that ship to come and consult with them about the Business, or words to that purpose. But the Gentleman could not be made wake in near two hours after, which is not to be admired at (by those who know what disease he is troubled with all) In the mean time (while he was absent) the rest had showed enough of their waveringnesse.  
Sometimes the greatest part of them agreed upon cutting and breaking lose to go out; but then one more, a Drone, and duller than the rest, he puts in his verdict to stop their intention, so that all was laid by before this Fisher came, which made the Master's Mate of the Leopard, one Master Wrightington say in a passion, The Captains were cursed people, and bewitched to that Mould; Why could they not go out with that gallant fresh gale of wind, now that their Admiral sent for them? And I dare presume, never did men lose a fairer opportunity: For as if God had reached out a hand from heaven, and pointed it out to them, the Eclipse of the Moon was just at that time: But saith he the Flemings were in a Halfmoon within Musket-shot of the Mould-head with their topsailesheats hauled home, and most of their Foresails in the Brailes.  
My Lieutenant that went in with the Feluca, and saw all the Dutch ships how they lay, makes Oath that he saw them all very plain by Moonlight, and could not perceive that any one of them had the least part of a sail lose; and besides, he makes oath, that by his best judgement, none could be nearer than about 2 mile off the Mould-head, with the ships heads that way, directly to Lee-ward of the Mould, as much in a Halfe-square as a Halfmoon for aught he could see. Now let all men choose whom they will believe, a person that was in a Boat near them, or a person that lay fast asleep and could not be awaked by any means.  
The next thing he saith, is, That they expected me near the Lantern when it was day, yet than I was as fare distant as over night; and by some of our own Squadrons relation, we lay muzzled four Glasses, when we might have been by this shore in the morning, and so have saved their squadron, etc.  
For Answer; when as I expected them out, we did lie muzzled with lights fore, and aft, and all men ready by the Ordnance to which they were assigned; that if any had essaulted them in their way coming out, we would have filled our sails, and stood in to have engaged them.   

Now the Reasons for lying short with our Sail are chief these.  
FIrst, in regard we saw not the Malora before night, and that we might be mistaken by taking a light on the Hills for the light of the Lantern as some have done, and have run ashore in the night (as I have heard) by that means, even so might we, by labouring to get into Legorn-Road at that time with such a Ship of Charge as the Paragon is, it being a true saying, Night hath no eyes. If it be yet replied, it was a moonlight night? I answer; When as I have been bound for the  Road, even in a Moonlight night in company of C. Moyer, and others, that had I believe as able men on board as any was in our Fleet; and yet in regard we saw not the Malora before night, although the ships in point of Charge were no way proportionable to the Paragon, yet we durst not venture into that Road, but have lain short all night about the Gorgona, until daylight appeared. Besides, all the latter part of the night we had an Eclipse of the Moon that made it wondrous dark, that we could not discern the shore, but they in the Mould might have come off the shore at their pleasure; and the darker it was, the more for their advantage.  
Secondly, As I always judged it a most dangerous thing to engage with such Ships of Charge as we had, in Legorne Road, so I had spent sundry hours in hammering out a way to draw our Enemies from thence to fight us in the Sea, by sending Propositions as I did to the Great Duke, and otherwise; and I could not imagine, but that the  Prince would endeavour to open a door or passage for those Ships in Legorn-mould (he commanded forth) to go out of the reach of his cannons before the Dutch should have had the liberty to assault them: and consequently they must have come out, if they had an intent to fight us; wherefore I judged myself as well to pass without the Malora, as within, when day light appeared.  
Thirdly, I could not imagine our Ships in the Mould would have come out in the morning before I was engaged, because they had the Copy of our Orders agreed on at a Council of War the first of March, wherein they might see it was resolved, that when we came near Legorn, and the wind Easterly, we should then make a board off, by standing a little to the , purposely to toll or entice the Enemy out, that if it were possible, our engagement might be without, and not within the Malora. And according to what was endeavoured to bring about, and have effected for our advantage, it pleased God to put into the hearts of the Dutch to come out upon us: And when the head-most of them were bearing with us, and that we laid our ship's head to the Offing, distant from the Malora, as is before expressed, I appeal to all understanding Seamen that know that place, whether we had not been as gallantly to pass as any men in the world could be, in regard that when the Enemy had boar to Lee-ward whereby to engage us, they could not have tacked back upon our friends in the Mould, but in all probability we might have had the advantage of the wind to have gone bacl as fast as they, thereby to have met that Squadron: But now they imprudently come out before the Enemy was come to Lee-ward upon us, and engaged us, contrary to reason, and my Advice given them in my Letter, dated the day before at four a Clock in the morning, contrary to their own deliberate Consultation, while Mr. Longland was with them that morning, whereby they lost such a second Advantage, which can be far more easier discerned, than it was felt, by many that lost their lives, or were wounded in Body, Estate, Reputation, and Peace, which otherwise they might have enjoyed, had it not been for that omission.  
Fourthly, Can I have imagined they would have come out so indiscreetly, since (as they acknowledge) they were advised that the Constant Warwick, and our Fireship should be at the Mould-head to receive them before they came out.  
But to proceed a little further; Fisher saith, when he was near me, he brought his ship to the other tack, and went firing into the Fleet before me.  
Were we not then at a fine pass, that a Gallant, who was the other day a Master's Mate in a fourth rate ship, should as soon as he takes Command, presume to turn Leader to his Admiral? But here he tells a story, that all men amongst us must needs acknowledge to be a miracle: If he bore in among a Fleet of ships, they were invisible to us; for there was only two of the Enemies on board the Leopard, and the Dutch Admiral that was bearing away to the Northward, all the rest of the Dutch Fleet were to Lee-ward of the Samson then burning, and I do verily believe the aforesaid Fleet was without shot of him, when as he came by the Julius Caesar's stern, as other men did, discharging some Guns upon her.  
Yet it was not a greater miracle than was told me concerning him in the Downs, when as there was a Mutiny on board the Mary, some of that Ships Company told me, the Cap. was such a sottish person the men could not be contented to remain under his Command, I replied, how is this? what is the Captain such a Sot, as that the ordinary Mariners cannot live with him? this is a miracle indeed?  
But whereas this Fisher was so valorous as to turn Leader to me; what can he say for himself, in that he was backward to do his duty in the time of the Engagement, which the Laws Marshal saith is death. Now for to take away all Excuses, I sent him a Copy of these Orders that was agreed on at a Council of War the day before, wherein it was resolved, that if any Ship of the Admirals, Vice-Admiral, or Reer-admirals' Squadron were laid on board, the others of that Squadron that were nearest to such an one, should immediately lay the Enemy on board again on the other side; or how he could, that had boarded his friend of the same Squadron.  
But this Fisher, notwithstanding he had a nimble clean ship, and had not lost above a man or two in coming out: and although he saw (or might have seen) the Paragon would not bear up to go on board those ships that lay on board the Leopard, had it been to have saved a Commonwealth: And howbeit he was one of the Vice-admirals' Squadron, he went not on board to save her, contrary to the express rule given him for his better government.  
The next thing that concerns me to answer (that is not sufficiently answered before;) He saith in his opinion, had I stood in again, than I had saved the Leopard, Perigreen, and Levant Merchant, which I left in a sad condition.  
Where this malitions' man's eyes were I cannot tell, but there are divers men that can make Oath, as some men have done already, that the Perrigreen was surrendered before I come in so fare as to discharge my first Broadside on those two ships on board the Leopard, which the Cap. of her was throughly sensible of; and therefore at his going out of the world, declared to Mr. Longland, and another Witness, who hath now made oath thereof, they could not now blame me in any thing; and added, for not having respect to order, their loss was brought about, Oh their destruction was of themselves, their destruction was of themselves, or words to that purpose. And as for the Levant Merchant, she was surrendered (as we thought) by that time I got first in, for the Guns ceased between her and the Flemings on board her: and if any of the Perrigreens men be questioned with it, they will tell tell you that it was noised fore, and aft their Ship, that the Levant Merchant was possessed by the enemy an hour before that ship was surrendered.  
There is one passage more of this vapouring person that I am yet to answer, and it is this; he saith, That when he was the sternmost ship, I went away with all Sail: For reasons before signified in my answer to Seaman and Ell's Declaration, all hopes being past, I did order all Sail to be made, in regard now they might take notice I called them away, and withal that we might weather the Rock of the Malora, which was little more than Musket-shot from us, and at that time we had no more but four fathom and a half water; but whereas he saith, he was left in some hazard by reason of those of the Enemy's ships that followed him, sufficient witness hath, or will make Affidavit, that those Dutchmen of War that followed us, must have run about six miles, before they could have come at the Mary, if she had been at Anchor, and consequently he could be in no danger; but although I supposed she could fetch me up when she would, yet being clear of the Malora, I shortened sail (in a special manner) to know how it was with this Ship, and either sent a Boat aboard of them, or else bid my Lieutenant call to the Cap. on the Poop, and tell him, that although I kept close by a wind while it was daylight, that the enemy might be somewhat amused, and not be able to know which way I determined to go, either to the Eastward to meet their Messina Fleet, or to the Westward, to hunt after their ships with Ammunition and Provisions which were coming that way; yet after it was dark, I would steer such a course, of which there is sufficient witness upon oath.   

Now having done answering the Declarations, give me leave to add briefly,  
THe Law's Marshal for keeping good Discipline in the Fleet, by it's 11th Article, saith, First, It shall be death to be backward in doing service in the time of Engagement.  
2. By its 13th Article it saith, Whosoever shall utter words of sedition, or tending to the making a mutiny, shall be liable to a sentence of death, which needs be understood by the severest punishment. Well then, it is be very sufficiently proved, Cap. Fisher was backward in doing his duty in the time of Engagement, in that he was of the Vice-admirals' Squadron, and yet laid not those ships on board that was on board the Leopard, a piece of negligence absolutely contrary to his duty. Again, By testimony on oath it appears, that he absolutely refused to render Conformity or Obedience to the command, or warrant I sent him under my hand in the Bay of Logo●.  
Further, it doth as clearly appear, that C. el did disobey my order at Genoa, in not going to Naples, or Messina, although he excused it by putting it on his men.  
2. It is sufficiently proved, that he did not act according to his Duty in time of our engagement, in that he came not, or at least kept not near me to know my pleasure, when his Leader, the Phoenix Frigate, was aground upon the Rocks.  
3. In that according to the Testimony given in on oath, at my first departure from Legorn, seeing me shorten sail, to stay for one of the Frigates, I sent in to land a man at Cercigo, He calls to Cap. Godolphin, Commander of the William, and Thomas, with these words in his mouth, The Admiral loses time, he hath a mind to Porto Longone, or elsewhere until he sells us into the hands of the Dutch, they are like to be at the straits mouth before us, and therefore let us Merchantmen be gone, and leave the Admiral to shift for himself, or words to that purpose. By which it appears, that although (it may be) Robert Lendall that stirred up the Mariners to resist the commands of that Gentleman, who was Vice-admiral in 1648 and so to mutiny only on board that one ship, this man would have several ships to commit such unsufferable disorder.  
4. It's proved by sufficient Witness upon oath, that the  el did contemptuously contrary to all his friends advice, disobey my Warrant, and the lawful Command I sent him under my hand in the Bay of Logos.  
Fifthly, It will appear by witness enough, at our last coming into the Downs, that although I gave him leave to be wanting from his ship about ten hours, he stayed above ten days, which doubtless occasioned his men to mutiny as they did, when by Authority they were commanded forth to Sea.  
So that now if the high disorders and contempts of these two men (at least) be adjudged of according to our Law's Marshal, without dipping my pen in Gall, or any kind of passion, or bitterness, if I should ask the question of the most moderad'st man that understands any thing of Martial Discipline by Sea or Land, and say, Pray what do you think could be done less, in case I had been invested with the power (that undoubtedly belongs to one in my Command, at so great a distance) and had disengaged persons about me at their Trial, then to have given a sentence of death either at the yard Arm, or else how, would it not be answered in the Affirmative? And if so, here we have the old Proverb as rightly fulfilled as may be; Save a Thief from the Gallows, and he will hang thee if he can, these men having now struck at my life (as we use to say) with a witness.  
I have yet one word more; the great Jehovah that knows all men's actions, and the end they drive at, at whose Judgement seat we must all one day appear, can witness for me the truth of what I am now about to say, which I am also ready to make Oath of when ever I am called to it; some of these persons that appear now against me in Print, as one that were either a Traitor, a Coward, or at least a negligent person in the management of that business at Legorn.  
In our homeward way, seeing me walk more reserved, and melancholy (as they thought) than I was usually wont to do, they have come to me with these words in their mouths sundry times, Good Sir, be not discontented, nor melancholy about what hath fallen out, no man in the world could do more than you have done; and had you engaged further (without all peradventure) we had lost all the Fleet; or words to that purpose.  
Wherefore I think, to reasonable men it must needs appear we have a sort of naughty malicious people in England, that have incited some of these persons to what originally they intended not, and consequently it may stir us up to desire that the work which (according to the hope of many) hath been upon the wheel for almost twice seven years, may be carried on to a greater perfection.  
And I suppose it may be easily gathered from what hath been before denoted, there are a sort of people that would imitate some house Carpenters, who being desirous to make quick work for plucking down a Fabric erected, first endeavoureth to strike away the small Rafters, that at the great Supporters, or Beams, they may fctch a blow (as we use to say) to the purpose.  
In fine, it is well for some they have in their hearts a very ready answer to that notable question of the Wise man:  
But who is able to stand before envy, Prov. 27.4.  
For some can boldly say, etc.  
Your Honours very humble Servant, Rich. Badiley.    

Legorn, Sept. 19 1653. CAPT. BADILEY; SJR,  
I Have not had any from you: I was told by some of our Nation, that Appleton & Seaman play the Devils at home against you (in these very words) and that they had carried home many Writings and Certificates against you; 'tis the first word I heard of it, however I believe it may be true; for neither of them want malice against any that are truly affected to the Commonwealth: they cannot want such here as will give their hands against the State themselves; and I am confident there is not a man, but such a one, that would subscribe any writing against you. I know such were their intimate friends, as daily drank Healths to the State's Confusion; and if such hands should pass against their faithful Servants, I shall take my leave of their service. 'Tis a vile disposition in man, that when God sends Affliction, instead of humbling of himself under that hand, he flies upon his fellow-servants, and imputes the fault to them; 'Tis just the case of Wadsworth, whose Letters writ me from Porto Longone, I herewith send you, which you may show to whom it concerns. The Dutch are all gone westward towards Cales, except a Ships, who lie here in Port; they say likewise that the Boar is to go home, when Young Trump comes up to him. I rest,  
Your Servant,   

Although I never thought to come in Print again, a few weeks since; yet being constrained to it at this time, receiving this Letter by the French Post, just upon finishing, I have thought fit to insert it; and if any doubt of the truth of it, I shall not only show the Original, but make Oath it came unexpectedly to my hand, this 3 of Octob. 1653.  
Ri: Badiley.  
FINIS.