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urge, in the most earnest manner, his anxious hope, that these complaints may excite a necessary degree of attention in the several great and noble personages to whom they are now addressed; that a full court of commissioners and governors may be held, by whom these several charges may be heard and examined, the present evils redressed, and effectual means devised for restoring the Hospital to the navy, and for the proper maintenance of seamen therein. When have the interests of Britain been deserted, or her defence neglected, by her navy?-It cannot be supposed, that a complaint of this magnitude, and importance to seamen worn out and disabled in the service, can in this country be urged in vain.

Amongst the leading measures to be adopted for the re-establishment of the Hospital, it will be necessary,

That the sixpenny receiver from seamen's wages, the accomptant and comptroller of the sixpenny-office, the several prizeagents, surveyor, and chaplain, be removed from the direction; and a rule made, that their successors be never in future appointed directors of Greenwich Hospital. That persons of respectable and independent characters be appointed in their room, under such regulations as may be judged sufficient to induce and oblige them to attend the important objects of their duty; and they be made responsible for the due execution of the trust. With respect to the present direction, the old proverb, that every body's business is nobody's, seems to be truly verified.

That instead of the great number of governors, and the twenty-four directors, if five commissioners were appointed, at 500l. per annum each, for the sole care of receiving, and faithfully and frugally expending, the ample revenues of the Hospital, the poor men might be nobly provided with every necessary article of life, and more than the salary of such commissioners saved out of unnecessary works, repairs and alterations, in which case the Hospital would probably in a few years be restored to its proper degree of estimation and use.

That if the present unwieldy body of governors, commissioners and directors, should not be reduced to five commissioners, two of the captains be restored to the direction, of which their predecessors were deprived for being strenuous in the noble cause of protecting the seamen under their care. That the internal government of the whole house be restored to the governor and council: that this council do consist of the deputy governor, the four captains, and only four, instead of the eight lieutenants: and that the secretary, steward, and chaplains, be removed therefrom, to prevent the forming of parties to embarrass and out-vote the principal officers of the house,

whenever they think proper to appear in council, thereby disturbing the peace and good government of the Hospital, for which the superior, and not the inferior officers, are responsible.

That the two chaplains, the secretary, steward, and auditor, with several underofficers, deputies and servants, who have not been sea-faring men, and whose appointments are therefore illegal, be discharged the Hospital; and that navy chaplains, and other warrant officers, &c. be appointed in their room.

That two of the three matrons, not being the widows of sea-officers, be removed from the Hospital, and proper objects appointed in their stead, as there are now the widows of twenty-four officers of different ranks serving in the mean capacity of common nurses under these matrons.

That Greenwich Hospital be, for the future, preserved, inviolably and exclusively, for the navy, as an asylum for disabled seamen, their widows and children; and that, for their better security, the charter (in which several essential words, and even clauses of the old commissions are omitted) be surrendered to his majesty, and an humble petition presented for a new one, more consonant to the old commissions. That the apartments of the several officers who have no concern with the internal business or government of the house be restored to the Hospital, they having no business but with the court of directors, of which the principal meetings are held in London.

That the Royal Sovereign ward, in king William's building, now possessed by the secretary's clerk, be restored to the pen

sioners.

That the office of clerk of the works, being an useless office, be abolished, as there can be no plea of necessity for such an officer, whilst there is a surveyor, and no new buildings carried on: that the present clerk of the works be obliged to surrender to the wards the suite of apartments he possesses, and to restore the posts and rails, which out of mere caprice were lately destroyed, though erected, at a considerable expence, round all the outer walls of the Hospital, for the safety, ease, and comfort, of the blind, lame, and infirm pensioners, who are now frequently hemmed in between two walls, to their great terror, and at the risk of their lives from droves of horned cattle, horses, &c. These walks, which were formerly called the Blind Men's Walks, are now become common nuisances to people of all ranks who visit the Hospital.*. That the apartments of the lieutenants Gordon and Kerr, of the clerk of the cheque,

These posts and rails extended nearly one mile, and were erected on account of a poor pensioner being killed on the spot by a cart.—Orig, Ed.

and of two of the matrons, be restored to the wards; and that lodgings be found for them in the apartments of the non-qualified officers, or in the new building now occupied by the governor's clerk, steward's clerk, and a person called the clerk of the works' clerk.

That the clerk of the cheque's clerk's apartment be restored to the wards. That all the public passages, windows, doors, and stair-cases, which have been monopolized, be thrown open for the convenience of the officers and strangers who visit the wards, and for the admission of fresh air, which is so necessary to the health of the numerous inhabitants. The stair-cases now in use are narrow and dangerous, and, in case of fire, would be insufficient for the retreat of a crowd of people, as some of the principal wards are barricadoed up at both ends for the magnificent accommodation of individuals, who have converted the grand passages into galleries for pictures, and the roof into lodging-rooms with chimnies, where none were originally designed

That the butler's list and chalk-off list, which

are so hostile to the establishment, be totally abolished; and that the tables in the dining-halls be filled with pensioners, and served with their full allowance of provisions; it being intended, according to the rules of the house, that they should dine in public, as a spectacle for the encouragement of seamen. The soup-maigre now served to the men dishonours the Hospital, and was publicly ridiculed in the dininghall by his excellency the Duc de Niver

nois.

That such of the pensioners and nurses, as from age, infirmities, or other reasonable causes, shall be put on the money-list by the governor and council, and not by the directors, may receive the full value of their provisions; and that the late order procured by the secretary from the general court, to empower the directors to dispense with the mustering the pensioners on certain occasions, be rescinded, as being repugnant to the charter, and infringing upon the government of the house, and the custom of the Hospital.

That the charity stock be thrown into the general fund of the Hospital, and such boys as may be judged proper objects of this charity be better fed than at present, as a growing boy requires at least as much sustenance as an old man.

That the pensioners and nurses on the money-list shall not be deprived of their festival dinners; which is an extra-gift to all without distinction, in commemoration of the five great anniversaries, The royal founder's coronation,-king's birthday,-queen's birth-day,-accession, and the coronation.

The non-enjoyment of these days of mirth

and festivity is a real grievance to three or four hundred poor people.

That two lieutenants be present at the dininghalls, at dinner; and that the chaplain of the month say grace, instead of an old pensioner.

That the captain or lieutenant of the week do always see the meat delivered and weighed, agreeably to a former minute of the council, in order to increase the present checks, which have been found insufficient. This laudable regulation has been lately overruled.

That the steward's clerk be never in future allowed to perform the duty of the clerk of the council.

That the secretary make all the contracts, as formerly, agreeable to established forms, in order to avoid the great expence of attorney's bills; and that he be not permitted to make a bill for travelling charges, being allowed 201. a year for that purpose.

That the stewards of the Derwentwater estate, and the receiver of the sixpences, be obliged to remit to the treasurer and receiver-general all such money as they may receive on account of the Hospital, as soon as it shall amount to the sum of 500l. in order that there may be but one treasurer: and that the board of directors be not allowed to extend their proper powers by impresting, or advancing large sums of money to contractors or tradesmen, as the warrants for the payment of all monies ought to be signed quarterly at the general

court.

That all admeasurements of the works of the Hospital be made with the assistance of a sworn surveyor; and that all the works, alterations, and repairs, be sworn to before the barons of the Exchequer, by the surveyor of the Hospital, the clerk of the check, and the clerk of the works, as having been faithfully and truly performed, according to the best of their skill and judgment; in conformity to a minute of the board of directors in the year 1718, and to the custom of those times when the affairs of the Hospital were conducted with integrity.

That the steward be sworn to all his accounts and disbursements, being near 30,000l. per

annum.

That the receiver of the sixpenny office (as

well as his clerk) be sworn to his accounts and disbursements.

That the brewer be sworn to the faithful and frugal expenditure of the malt and hops; and that, if any beer be condemned on a regular survey, the value of good beer be deducted out of his wages.

That the houshold and other accounts of the Hospital be examined at the table where the board of directors sit, and not partially and superficially passed by two interested members, at a separate table; and that five of the directors, after proper examina

tion, do attest the said accounts with their names at length, instead of the initial letters of two names only.

That all the accounts and disbursements of the Hospital be sworn to, before the barons of the Exchequer; which is now performed partially.

That the auditor be obliged to audit all the accounts of the Hospital.

That the pay of the lieutenants be made equal to the pay of the two chaplains, as originally intended.

That the general courts be held four times at least in the year, agreeably to the first commissions, the business of this court being much increased: that due notice of the several meetings be given in the Gazette, and the business made as public as possible, instead of being privately passed, it being a matter of public concern. That these courts be held in the Painted-hall in the Hospital, in order to add to the splendour of the meetings, by accommodating a sufficient number of great personages, for the more effectual protection of seamen, their widows and children. All which premises are most humbly submitted to the wisdom and humanity of the right honourable the lords and other commissioners and governors of the royal Hospital for seamen at Greenwich (who are the guardians and guarantees of the rights of seamen in the said royal Hospital, and who alone are able to give the poor pensioners speedy and effectual relief) by their most respectful and faithful servant,

THOMAS BAILLIE.

On March 7th, 1778, captain Baillie laid before the earl of Sandwich, at that time first lord of the Admiralty, a copy of the said book, together with the following Letter: To the Right Honourable the Earl of Sandwich, addressed on his Majesty's Service. As your lordship has hitherto been disposed to hear only one side of the affairs of Greenwich Hospital, I take the liberty to enclose for your lordship's consideration, a State of Facts, which I trust will stimulate your lordship to redress the grievances therein complained of, and thereby restore me to my proper command in the Hospital, of which I have been deprived by a combination of landmen, who, if they had any right to a footing in the Hospital, can have no pretence to pervert and depose the lawful government thereof.

tunity, but the recent overbearing conduct of the faction, so frequently alluded to in the enclosed Case, has compelled me to struggle for immediate redress.

I would not have your lordship understand that I mean to disturb government at this critical time, by applying to parliament. I scorn the imputation of making any other appeal than to the body of the commissioners and governors of the Hospital, whose bounden duty it is to hear and redress the grievances complained of; and I most sincerely lament that an establishment so truly popular and great, should be so far perverted as to force me to make any appeal. I am, my lord, your lordship's most obedient and most humble servant,

Royal Hospital, Green- THO. BAILLIE. wich, March 7, 1778.

To this Letter captain Baillie received no answer, but on March 16th, it appearing that Mr. Cooke, lord Sandwich's chaplain, had seen the printed Case several days before, and had mentioned it in many companies, captain Baillie then carried copies of the Case and Memorial to several of the governors and commissioners, particularly to the first lord of the treasury (lord North,) the lord president of the council (earl Gower, afterwards marquess of Stafford,) the three secretaries of state, and four admirals.]

IN THE KING'S-BENCH.

Monday, November 23, 1778. The KING against THOMAS BAILLIE, Esquire, Lieutenant Governor of the Royal Hospital at Greenwich.

THIS cause came before the Court upon the following rule being granted on July 7, 1778, viz.

"Tuesday next, after three weeks from the day of the Holy Trinity, in th 18th year of king George the third.

vits of James Stuart, esquire, and two others, "Kent.-Upon reading the several affidathe said James Stuart and another, RobertMylne and another, John Godby and another, John Ibbetson, esq. and another, and of the reverend John Cooke, clerk, and another, it is ordered that the first day of next term be given to Thomas Baillie, esq. to shew cause why an information or informations should not be exhibited against him for certain misdemeanours, in publishing certain scandalous libels, upon notice of this rule to be given to him in the mean time.-On the motion of Mr. Solicitor General,

"By the Court."

I have the honour to acquaint your lordship, that I will not sit down contented to see the men cheated and myself insulted by priests, clerks or contractors. I think it, The joint affidavit of James Stuart, Thomas however, my duty to forewarn your lord-Hicks, and the reverend John Cooke, three ship, that if you are any longer deaf to reasonable complaints, I shall put this effort for redress into execution, which I should have deferred for a more seasonable oppor

of the directors, was read, and also the affidavit of Thomas Baillie, esq. defendant, in answer to theirs; the separate affidavit of James Stuart, as surveyor, was also read, and

the affidavit of Robert Mylne, clerk of the works, was begun. But the Court asked, If all the complainants went through what was said with respect to themselves, and being answered, Yes, desired Mr. Bearcroft to proceed in shewing cause, and reserve those affidavits till they were thought necessary to be read.

Mr. Bearcroft:

will be necessary, in the first place, for the Court to know the constitution of Greenwich Hospital, so far as it stands at present.

The corporation consists in general of some of the first characters in point of rank and ability, in the nation, who are all governors and commissioners, who have a power, if they please to exercise it, of controuling and directing every thing, in respect to the management of the Hospital: but as it cannot be supposed, all the persons there named,

matters of great importance to the state, can attend to the business of the Hospital, in fact, it has happened, that but few of the governors have attended to the affairs of Greenwich Hospital.

My lord; this is an application for leave to file one or more informations against cap-who are in high situations, and employed in tain Baillie, lieutenant governor of Greenwich Hospital, as the author and publisher of a printed libel, upon the gentlemen who are named in the rule; three of them as directors of the Hospital, and upon Mr. Stuart, in the separate character of surveyor of the Hospital, Mr. Mylne as clerk of the works, Mr. Godby as steward of the Hospital, and Mr. Ibbetson as secretary to the directors, together with the reverend Mr. John Cooke as chaplain of the Hospital.

My lord, this rule is for leave to file one or more informations, and, I observed, one of your lordships asked just now, why it was, that separate affidavits were made by the same persons of matter contained in the same book? I beg leave to answer, that it was for the purpose of adding to the oppression and vexation, which the prosecutors meditated against captain Baillie, because those purposes would be better answered by six informations than one; but Mr. Solicitor General, with more mercy, though perhaps not a great deal more judgment, than his clients, thought they had a better chance to succeed in one than in six informations. I remember upon his instance, it was, that the motion for the six informations was consolidated into one rule.

They have power to hold general courts, and general meetings of governors and commissioners, in which they give absolute directions, touching any thing they think proper. But the immediate business of the Hospital has been constantly done by a body of persons, constituted by the charter, and called the directors, and by other persons, within the Hospital, called the governor and council; the departments of these two separate descriptions of men, the directors, and the governor and council, are very different: it is the business of the directors to superintend and direct every thing that relates to the revenue, accounts, contracts, and building, and every thing, in short, that relates to money matters, for the real internal and external interest, if I may so call it, of the Hospital.

It is the business of the governor and council, who are or ought to be naval officers, to protect the numerous objects of the establishment, to direct and controul the internal government of the Hospital, and see there is good behaviour and proper subordination observed therein, and that every thing is conducted agreeable to the rules of the Hospital; these are the two separate departments of the directors, upon the one hand, and the governor and council, upon the other hand.

My lord, I have no difficulty to say, I thought the judgment of the prosecutors very extraordinary, in making this motion; for by taking this step, it is likely to call down the attention of the public to the transactions in Greenwich Hospital for many years last past: My client, captain Baillie, in 1761, came however, upon the present occasion, I find it into the Hospital, being disabled in the sermy duty to contend before your lordship, this vice of his country, and was a captain upon rule ought to be discharged, and discharged the establishment, as it is called-about five with costs, otherwise the Court will not do years ago, he succeeded to the second office, justice to captain Baillie, neither will they do that of lieutenant governor; I beg pardon that justice upon the prosecutors of this rule, for saying succeeded, I mean to take away, which they deserve, for daring to make this according to the information I have had, the kind of application. My lord, from the prin- slander which has been industriously spread ciples of justice, I apprehend, and have no against captain Baillie, as if by his proceeddoubt, the Court will soon believe this printed ings, in the course he had taken in the subbook, which is now attempted to be prose-ject before the Court, he had been suspended cuted as a libel, is so far from deserving that name, that it tells a tale to the public, which it is fit the public should be acquainted with; that it is a merit in the party that has stated it; that he has proceeded in all the circumstances that have been printed in this book, that does him great credit and honour.

My lord, in order for the Court to understand the matter now before them at all, it

for ingratitude, or what is called flying in the face of his patrons and benefactors: it was certainly not so-his character has been enquired into, and he is found a person as incapable as any man living, of being guilty of any baseness.

My lord, I said he succeeded, I do not mean that it was an absolute right, but it is so much of course, that the next senior cap

the Court will see sufficient to lead their at tention to the other affidavits, when they come to be read, and what are the charges to which the answers are applied.

tain, when there becomes a vacancy, should succeed to the office of lieutenant governor, provided there is no objection to his character; and from the good behaviour of captain Baillie, it seems there never was the least bjection to his character or conduct.

My lord, I will first make a few observatons as to the matter whereon these affidavits turn, upon which the application is made to the Court. Still, I fairly confess to your lordships, in this observation, and in almost every one I shall trouble your lordship and the Court with, my chief object is to obtain costs for my client: that this rule will be discharged, I have not the least doubt; for if the gentlemen were likely to succeed to make it absolute, I do not believe any mortal breathing would ever advise them to go for damages, but the circumstances are very material in respect to costs.

Now they have picked out of this printed Case between fifty and sixty different paragraphs; I will not call them paragraphs, as there is hardly a whole one, they are pieces of paragraphs, bits of sentences, half lines, and independent expressions; perhaps, I am incorrect in calling them so, because all these I have spoken of, are general conclusions from particular facts and circumstances, that are precisely, clearly, and pointedly stated in this book.

Your lordship will now see why they chose to pick out the particular charges that are in the book; though I always understood the particular story of a man was a much greater libel than a general reflection, but they chose to point out a general conclusion of those facts, to give them an opportunity of doing all they have done; but they conclude, after three or four sentences are picked out "These deponents say" (as if every thing else was true) "so far as they tend to criminate us A. B. and C. they are all false." Then the reason is obvious, why they did not pick out the particular charges; itis, because they thought they might shelter themselves under the general expression, "So far as they tend to criminate us, they are all false;" and, I know, they could not state, in this application to the Court, the particular charges, and do what was incumbent upon them to doto swear they are false-for they know them to be true.

Those are the observations upon the affidavits that have been read, and I call upon my learned friends to know, whether, in all they have read, this is not the course constantly taken, and I submit no other reason can be given for it. My lord, it is extremely difficult to attempt it, if I was correct enough in my instructions to do it, to attend to all the particular charges, and answer them separately; it would take up an infinite deal of time. It is sufficient, that two of their affidavits have been read; but I will state to your lordship the nature of certain charges, and the answers to those charges, in which

Captain Baillie first of all says in his affis davit, and I trust nobody will think it improper to state to your lordship, as he has a proper authority for so doing, that he has served his king and country for near forty years; that he has risen to the rank he held when he was appointed to the Hospital, which was considerable, in consequence of his courage and conduct shewn upon many occasions, which is shortly pointed out, not by any interest or influence, but by good behaviour only, recorded at the Admiralty; thus he finds himself in the situation of lieutenant governor, who is in truth the first resident officer of Greenwich Hospital. It is his business to look daily into the affairs of the Hospital, to see what they are about, and how the seamen are provided for. In this situa tion he tells your lordship, for a considerable time past he observed certain abuses, which when they come to be attended to, are of a sort and size which not only justifies what he has done upon this case, but that his duty actually called upon him to do it. He says that very soon after his appointment he saw a great number of the rooms and the cabins; which were appropriated for the accommodation of the seamen, taken away for the purpose of accommodating landmen, as I see the phrase is in the Hospital; and your lordship may see these complaints frequently reiterated in his printed Case, of its being notorious, that a great number of landmen have of late years been introduced into the several places, as officers and servants of Greenwich Hospital, who by the charter expressly ought not, and in the nature of things, in point of custom and usage, those offices ought to have been filled with seafaring men. There are a great number of facts, of the cabins of the

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"To Captain Baillie, Tartar, Spithead.

"Admiralty Office, March 30, 1757. "Sir; I have received and read to my Lords Commissioners of the Admiralty your letter of the 28th instant, giving an account of your having taken a French privateer of 24 guns, belonging to Havrede-Grace; and I am commanded to acquaint you, that the Navy-board are directed to purchase the vessel without loss of time, and to register her in the list of the navy, by the name of the Tartar's Prize, and to establish the number and nature of guns she have appointed you to command her, as a reward for now has, and 160 men in her; and their lordships

your

behaviour.

"I am, Sir, your most humble servant, "J. CLEVELAND." "Entered at the Admiralty." Orig. Ed.

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