The Seamens CASE with respect to their Service in the Navy, wherein divers Hardships which they undergo are truly stated, and humbly presented to His Majesty and both Houses of Parliament. By John Dennis, Philo Patriae. The First GRIEVANCE is QUERIES. THE Nature and Effect of those Queries are, That every Man set on Shoar sick, and not returning to his proper Ship or some other in one Month, or immediately after discharged from sick Quarters, thereby forfeits his Wages. That the same is a Grievance which ought to be removed. See Address to the Admiralty, Sect. 1. To which shall add, 1. That many have been set on Shoar in a deplorable Condition, and either died in the Boats; or in the Strees, or as soon as received into Quarters, others set on Shoar where there have not been any Person appointed to take care of them. 2. Many have been Impressed from sick Quarters before recovered, and hurried on board other Ships, and there soon after died; which Practice has not a little increased the Mortality of the Seamen, and by this means their Widows, Families, and Relations have not only lost their Providers, but also their Wages, as well in the Ships from which they were set sick on Shoar, as those wherein they died; not knowing what Ships they were Impressed into. 3. Many have lived to return in such Ships whereinto they were Impressed, but not being able to prove they were Impressed, by reason of the Death or Removal of the Officer that Impressed them, notwithstanding their continuance in the Service their Wages have been denied. 4. Those that were set sick a-Shoar, have for the most part been rendered uncapable to return to their proper Ships, being deprived of (or not allowed) the Conduct-Money appointed them; and instead thereof have been forced to sell or pawn, not only their , (that is such as had any) but also their Wages for their Subsistance before they were recovered or fit to travel. 5. The Seamen having justly and with great difficulty earned their Wages, and the Nation granted suitable Funds for the Payment thereof. How consistant it is with the Constitution of this Government, the inviolable Laws of the Realm, the credit of His Majesty's Service, or the Encouragement of Seamen, shall humbly submit to the Consideration of the Partons of our Country. The Second GRIEVANCE is RR's. And those RR's, have of late been strenuously observed, if not improved to the Seaman's Prejudice. The Nature or Effect of those RR's as now practised, is, That the Persons who by accident or otherwise, do leave or are left by their proper Ships, are by those RR's noted to be Run, and forfeit all the Wages due to them, not only in the Ships they leave, but in all former Ships as far as the same is unpaid, notwithstanding Tickets long before delivered them for their former service; by what new Laws or Orders this is practised I cannot say, but am well assured 'tis contrary to the former Practice and Rules of the Navy. See Reasons to redress this, Sect. 2. in the Address to the Admiralty. To which shall further add, 1. That such Wages (had not Money been wanting) would have been paid long before it became forfeited. 2. Those Tickets and the Wages due by the same, have been assigned and transferred to others long before such forfeiture; and as such Debts cannot be released by the Party without consent of the Assignee, so I humbly conceive they cannot be forfeited, even in Cases of Felony or Treason; the Right in Equity being in the Assignee and not in the Party. 3. That many have deserted the Nation, and either entered into foreign Service, or turned Pirates: And it may reasonably be feared, that those and other Hardships as they have endured, have not been the least Inducements to it. The Third GRIEVANCE is, The deferring or nonpayment of the Wages of such as are dead or absent, notwithstanding others have attended with sufficient Power to receive the same, and no colour of Objection, and those to whom its due ready to perish for want: to such there is several 100000 l. now due and in Arrears, which should have been long since paid. As I have no reason to take up any time in asserting the Justice of their Case, so presume I can assign no greater Motive for their speedy Payment, than the poor and distressed condition in which they yet remain, with their loud and clamorous Cries, which have sounded through the whole Nation: and shall only add this, That their moneys being so long since earned, and the Ships for that time also long since paid, many of them have fallen into the Hands of Impatient Creditors, and by them thrown into Prison, to their utter Ruin. And whereas in my Address to the Admiralty; 'twas hinted that some Seamen lost 10 or 12 s. per l. by their Tickets: I have since been well assured that many of those that belonged to the Ships laid up at Plymouth, had not above 6 or 7 s. per l. for their Tickets. The Fourth GRIEVANCE is, Intricacy of Payment, viz. Some Ships that have three or four Years Pay due, have been paid only ten or twelve Months, the latter time, and the former left unpaid upon account of their Companies being turned over into other Ships. 2dly. Some Ships paid for the whole time, yet many People left unpaid. As Reasons to redress this shall humbly offer, 1. That such Men as are thus turned over, do seldom exceed one fourth part of the Ship's Company, and not ⅓ of those remain in such later Ships till they are paid off, and few or none of those but have their Wives and Relations ready to attend the Payment of the proper Ships, who have often taken expensive Journeys for the same; but to their great Disappointment have been denied their Wages. 2. Such later Ships have been paid, and the Wages for the former not paid at that time. 3. The Paying of the Wages of some Persons, and leaving others to a Recall when a general Pay is intended, as it is not just so the Consequences thereof have tended to the ruin of many. The Fifth GRIEVANCE is, Turning Men over from Ship to Ship, lending them, and bearing them by List, that they know not in what Ship, nor by what means they may obtain their Wages. That this is a Grievance and Hardship is in itself evident, but that it should also be laden with the loss of their Wages, seems very unreasonable. The Sixth GRIEVANCE is the Alteration of Officers Qualities. By this their Wages have been retrenched, some from 3 l. to 36 s. others from 36 to 23 s. etc. As Reasons why this ought not to be practised, shall offer, 1. That ever person officiating in any Office or Employment, and so rated in the Ships Book, aught to have the Wages allowed by His Majesty for the same. 2. 'Tis a great Discouragement to able and ingenious Seamen to do the Duty, and bear the Burden of such Employs, and see some Servant or ignorant Favourite receive the Wages. 3. Such Persons especially where Tickets are made out have the Testimony of the proper Officers, that they have served (as, and aught to have the Wages due to Persons) in such Stations; and in case there be more Officers born than the rate of the Ships will admit, the Captain and Officers so rating of them, aught to sustain the Loss and indemnify His Majesty; it being entirely in their Breasts to prevent the same. The Seventh GRIEVANCE is, Nonpayment of Powers or Letters of Attorney made to Officers; that is, if any Officer's Father, Brother, Relation, or any other Friend hath served in the Navy, and hath made a Letter of Attorney to such Officer to receive the Wages, he is denied payment of the same. As for this Order, how good soever the design might be in making the same, to prevent such Frauds as might happen by the irregular bearing, or rateing of Seamen for the Officers advantage; yet being unlimited; as well for Time as Circumstance, proves to several a Hardship and Grievance. As Reasons to mitigate the same, shall offer, 1. That many of those Powers or Letters of Attorney were made long before this Order; and 'tis hard to be punished for breaking a Law before made. 2. That many of those Persons serving were Servants to the said Officers, and whom they might then entertain as such; according to the constant Practice of the Navy. 3. Others have supplied, or actually paid and satisfied the Parties serving, and the Wages due, belongs in right to such Officers, and not to the Parties. 4. The said Order cannot accomplish the end for which designed, by reason such Officers who will be so unjust as to abuse His Majesty's Service, Wages, as well as though the same were made to themselves. The Eighth (though not a positive) GRIEVANCE. Yet as Matter worthy Consideration, I shall hint something touching the smallness of the able Seamen's Pay, and would not omit the Gunners, Boatswains, and Carpenters herein. As for the able Seamen's Pay, it is 24 s. per Month, the Deduction from the Registered Seamen's 1 s. and from those that are not Registered 1 s. 6 d. per Month, so that their Pay is but 22 s. and 6 d. The Warrant-Officers , have Pay according to the respective Rates they are in. If Encouragement be a proper Means to excite to Valour and Diligence in the performance of Duty, as is the received Opinion of this Government, evidenced by doubling the Commission, (and some of the Warrant) Officers Pay, with other Encouragements. And unless the Common Seamen and Warrant-Officers , are by some other Motive so diligent or valorous that they need no such Encouragement, or their Service or Trust so small that they deserve none: It is worthy of Consideration whether they ought not to have an addition to their Pay; especially considering the dearness of Provision, now beyond what it has been in times past. The Ninth GRIEVANCE is, The Difficulty of obtaining His Majesty's gracious Bounty allowed the Widows and Children of such as are slain in His Majesty's Service, and the moneys due for the of such as die; which is generally sold at the Mast; such Seamen's Families and Relations being at a distance, and not knowing where to find the proper Officers to sign such Certificates as required for the Payment of such Bounty and Cloath-Money: it hath been long delayed, and oftentimes entirely lost. As this Case is plain, so the Redress for time to come is easy, there needing only an Article to the proper Officers Instruction, that immediately after any such accidents happen, they sign Certificates of the same, and return such Certificates with their Books to the Office. And for the time past, that such Certificates for Bounty be dispensed with, and Credit given to the Ship's Books which are in the Office, and signed by the proper Signing Officers. And for to the Slop-Books delivered into the same Office. The Tenth GRIEVANCE is, The Nonpayment of the Registered Seamen, (not to insist on the 40 s. per Annum hitherto unpaid) I shall only mention the Case of the Widows, Friends, and Relations of such as have died in the Service, with respect to their Wages. 1. Such as die on Voyages to Holland, France, the Narrow-Seas, etc. their Wages are refused be paid according to the Act, it being alleged that such are not Foreign Voyages. 2. Such as have been bound out on Foreign Voyages, and died before the Ships departure from England, their Wages is also refused. 3. Such as have been on Foreign Voyages so accounted, and in such Voyages have contracted Sickness, whereof they have died immediately after the Ships Return to England, their Wages is also refused, as not intended by the said Act to be paid. 4. Such as have gone out in one Ship, and served a considerable time in her, and afterwards turned over into another, and there in a few Months died; the Widows of such are paid for the Ships only wherein they died, and not for the former. 5. Such Commission and Warrant-Officers as are Registered who die on Foreign Voyages, their Wages is refused, as not intended to be paid by the said Act. How far this is coherent to the intent of the said Act, and whether those Circumstances have prevented the Act from having its desired effect; I shall not pretend to determine: but it has doubtless more than a little obstructed the same. For the Redress whereof, shall only allege the Nations Promise by the established Law, the People's Distress, the Justice and Merit of their Cause, and the further and future Encouragement for the Seamen to Register themselves for His Majesty's Service; the which Redress, or some other suitable Remedy that may engage Seamen to their proper Duty for the Nations Defence, I dare not doubt but will be found, if it be taken into the Consideration of this Judicious and August Assembly, the Great Council of the Nation; and that without the great Expense, and irregular Compulsion lately used in Impressing, or any-wise infringing Magna Charta, or any other established Law of this Realm. The Eleventh GRIEVANCE is, The Government and Discipline used in the Navy; but there being already good and wholesome Laws provided, both for suppressing Vice, and encouraging Virtue, I have little to say, only that the Epidemical abounding of Vice and Debauchery through the whole Fleet, too evidently demonstrates the Neglect, if not the Contempt of the said Laws: And it would be well if the Practice and Examples of the Superiour-Officers did not so much contribute to the same; and whether this (with a sordid and slavish Punishment, (viz. Whipping and Pickling,) much used of late, and that on frivolous Occasions) do not tend to the dastardizing of the Spirits of our English Seamen, and the animating and emboldening our Enemies, and consequently to the Nations Prejudice, 'twill do well to consider; and if found to be so, to redress the same. To redress this, there is an absolute necessity of the strict observance of those Instructions given by the Lord High Admiral of England, or Lords Commissioners for executing that Office, and that as well by the Superior Officers as the meanest Seamen; for whilst the Superior Officers are guilty of Vice and Debauchery, it cannot be hoped the same should be duly corrected, or effectually suppressed in the Common Seamen. The Twelfth GRIEVANCE is, The fraudulent Dealing of many that pretend to solicit Business, and receive Wages in the Navy, by which the Seamen are also prejudiced; but the Particulars hereof being too long to insert herein, shall at present omit the same. The ADDRESS presented to the Lords of the Admiralty in Feb. 1698/9. Sect. 1. My Lords, BEing employed by divers Seamen, their Wives, Widows, and others to receive their Wages, meeting with many unexpected Objections to the Payment of the same, am obliged to address your Lordships, as well for those I serve, as others under the like Circumstances; whose Cases in some Particulars shall humbly lay before your Lordships, and pray Relief therein. 1. Objection. Is Querying those that are set Sick on Shoar. As for such Queries, however His Majesty's Service, and the Nations Safety might require it in time of War (to keep Mariners to their Duty;) an honourable Peace being now concluded, altho' by the strict Rules of the Navy, such Wages may be denied; yet there are several Motives and Reasons for the taking off those Queries. 1. The Indigency, Poverty and Misery of those distressed Seamen, and their Families, were there no other Reason, seems no small Motive to it; especially considering 'tis the Labourer's Hire, and his Families Bread. 2. There were no such Queries until the Year 1690, before which time every Man put on Shore sick, was thereby discharged from the Service, and his Wages duly paid. 3. The great Sickness which at, and since that time happened in the Fleet, was, and is the Foundation of those Queries; the which indeed, considering also the great Mortality that has likewise attended His Majesty's Service, should rather be Motives for the removing of them. 4. Many of the Persons that have been put on Shore sick, being ignorant of those new Rules of the Navy believed themselves discharged as formerly. 5. Many of them have been set on Shore sick several times, and returned to such Ships, as ordered, but continuing weak and indisposed, have at last repaired to their own Homes for Recovery. 6. Others having been long Voyages and sick on Board for many Months (seeing the Major part of their Associates buried;) to such, after they were set sick on Shore, the thoughts of returning on Board have been dreadful, and deemed the only means to hasten their ends; which accordingly happened to many that did return. 7. It could not be expected that those that have contracted Indispositions and Distempers, by unwholesome Provision, or malignant Air, should (after a Month's Refreshment in sick Quarters, or labouring 6 or 12 Months under their Maladies in an Hospital) be fit to return, or capable of doing His Majesty Service; but the contrary is evident by the Multitude that died soon after their return on Board, and others that were again set sick on Shore. Lastly, Such having faithfully served His Majesty to the imparing of their Healths, and hazard of their Lives; it seems not only just, but also for His Majesty's Interest, and the Credit of his Service to grant them the Wages so hardly earned. I hope what has been said, with such other Motives, as in Wisdom, Justice and Charity, Your Lordships find in your own Breasts, may prevail for the taking off all Queries. But whatever Your Lordships shall please to direct as to the Queries in general, the Circumstances of some are such, that a speedy and general Order seems absolutely necessary to remove the same. 1. All those that have been set on Shore sick since the Peace concluded. 2. Such as after Recovery entered on Board any of His Majesty's Ships. 3. Such as died in sick Quarters, Hospitals, or Hospital-Ships. 4. Such as have been wounded or hurt, and received Pensions, or Smart-Money for the same. 5. Such as continued Six Months or upwards in sick Quarters or Hospitals, or have been discharged thence incurable. 6. Such as the Captains have discharged by Ticket, Sick, Lame, Blind, Infirm, or otherwise unfit for His Majesty's Service, they alone being proper Judges of the same. It may be objected, That Application being made with good Proof of the last mentioned Circumstances, such Queries may be removed. May it please your Lordships to consider, The great Inconveniencies that attend such particular Orders, which creates Tumult and Clamour at both Offices, gives advantage to many that solicit to exact great part of the Wages for their Assistance, puts the Poor to great Fatigue and Expense in Attendance, but principally the loss of the opportunity of the Ships Payment; which may and have caused many to stay 2 or 3 Years for their Money, or sell it for half the value. And indeed many of those Queries might be prevented in making up the Pay-Books of each Ships, and of every Person under the Circumstances aforesaid, notice might be taken on the said Books; the sick Accounts being in the same Office. I shall say no more touching Queries, only that every DS should be so accounted, seems contrary to the first intent of the same; which as I humbly conceive, were for Commanders to put on such as did not return, and not on those whom they see cause to discharge. Sect. II. Another Objection is, Persons being made Run; some of whose Circumstances may also claim your Lordship's Consideration. 1. Such as never designed to desert the Service, but being returned from long Voyages, and the Ships to which they belong being either in Port or Dock, have adventured to stray from them, either to see their Friends in parts adjacent, or provide themselves Apparel, but meeting with other Ships Companies have been Impressed, and served in such Ships till discharged: Such therefore not deserting the Service, should not be punished as Deserters, but their RR's taken off, and their Wages paid. 2. Those that have served in His Majesty's Ships, and have been turned over from one Ship to another, and after having served some time in the later, their Tickets for the former have been delivered them, which Tickets by the Parties being set Sick on Shoar, or leaving that, or some other succeeding Ship, perhaps a Third or Fourth, and two or three Years after such Tickets delivered, those Tickets have been Qed or Run, and the Wages thereby forfeited; with many other Circumstances of the like nature too tedious to insert. As Motives to take off the same I shall humbly offer, 1. Such as have Tickets delivered them, seems in the Eye of Justice to have a good Title to their Wages. 2. Those Tickets are and have been esteemed as the King's Bonds or Bills of Exchange, and formerly paid at sight. 3. Many well affected People for promoting His Majesty's Service and Interest, and in Charity to their distressed Neighbours, have supplied them to the Value of their Tickets, 4. The Querying such Tickets has unspeakably reduced the Credit of the Navy, with respect to Wages; insomuch that Tickets formerly sold at 2 s. 6 d. per Pound loss, have of late beed sold at 7 s. and some at 10 or 12 s. 5. The Miseries and distressed Condition of Seamens Families, whose Husbands and Relations are serving His Majesty and the Nation, at Sea, being ready to perish for want of Credit during their absence; and those who formerly relieved them, suffering great loss and damage by those Q's and RR's, are wholly discouraged from continuing the same: The Poor therefore must inevitably perish, unless relieved by the Alms of the Parish, whose burdens already are almost intolerable, the charge of the Poor being now three times more than before the War, and the major part of those that receive are the Wives, Widows, and Families of such as have served His Majesty during the late War: Much more might be said for the taking off those RR's, yet shall only add, that it is not inconsistent with Justice, but very agreeable to the Laws of God, Charity; Mercy, and Pity, and would not a little contribute to His Majesty's Interest, the Glory of the Nation, a more cheerful Contribution to Taxes, the Honour of your Lordships, the Relief of the Poor, and Prevention of those clamorous Tumults that attend this Honourable Board. If what has been said may not prevail for the taking off those RR's for time past, my humble Request is, That the like may be prevented for the future, which seems easy, just and reasonable, for those Tickets may be kept by the Commanders, or in the Office; until the Party have such a Right as not to forfeit the same, by serving such reasonable time as your Lordships shall direct, and those Tickets when delivered to the Parties, or any other by their Power, to be good and valid to such Persons as have a Title to the same, which would reduce those exorbitant Losses, and give good credit to Tickets as formerly; and whatever other Punishment shall be judged meet to be inflicted on the Deserted, besides forfeiture of Wages due in the Ship he leaves; the same may be corporal and not forfeitue of former Pay, by this the Transgressors will receive their Reward; by the other their Families must perish unless relieved, and those that supply them on the Credit of such Tickets be great Sufferers; and indeed the delivering of such Tickets whilst they are liable to be forfeited, do but empower the Party to impose on, and defraud the Innocent. I purposed something touching the Pay, but fearing I have already transgressed by Prolixity; for which with whatever else may render me obmoxious to your Lordship's Censure, I humbly beg your Pardon: the design hereof being for the relief of the Poor, and free from all thought of Reflection; shall therefore only add, that the People were never better served, His Majesty's Affairs dispatched, and Frauds prevented, than by the Clerks attending the Pay, when they had liberty to receive Wages. And subscribe, with all Dutiful Respects, Your Lordship's most Humble and Obedient Servant, John Dennis.