L30/14/421/3-71

Various correspondence between Robert Wilkie, Alicante, Members of the Factory and 2nd Baron Grantham and Munro. Also Patrick Wilkie, nephew and partner. [Note - Specific incidents outlined individually with letter references]:

c.1774-1779

From: 1774 To: 1779

Several aspects of a general dispute between Wilkie and the House of the Factory at Alicante, 1774-1778. 1. The collection and application of the National Duty Fund for the support of the Rights and the relief and succour of British Subjects. Administered formerly by Consuls after consultation with the Factory about its application. Duty stands at three Dollars and two Sols Current on each Vessel and should not be considered as an emolument to the Consulage. Consul allowed ten current Dollars Consulage for each ship loading or unloading at Alicante. Vice Consul [Franc. Martinez] allowed four Dollars [L30/14/421/6]. Wilkie prosecuting Factory for appointment of Treasurer, Thomas Stoughton for National Duty. [L30/14/421/30 & 40]. King of Spain and Conde de Recla involved [L30/14/421/34 & 36]. Interpretation of 'National Duty' also in question. Grantham called upon to mediate, proposal by Factory to refer issue to Secretary of State at time, Lord Rochford [L30/14/421/12,14 & 16-17], then top Lord Weymouth [L30/14/421/30]. Ultimately referred back to Grantham. Grantham summing up [L30/14/421/48 & 51]. Houses of Factory disregarding Grantham [L30/14/421/52 & 64]. Grantham's conclusion [L30/14/421/70]. Nephew, Patrick Wilkie's contact with Sir Stannier Porten in London [L30/14/421/42]. Patrick Wilkie, Nephew & Partner, letter of Introduction to Grantham, passport, enquiry about progress of National Duty issue [L30/14/421/66]. John Marsh of Malaga. Opinion on dispute given [L30/14/421/13]. Specific incidents mentioned: Two sailors imprisoned at Alicante for mutinous behaviour on board 'Amity's Friendship' of Scarborough, Captain Thomas Vickerman. Wilkie's objection to paying the charges attending them, insisting the Captain and House to which consigned should be answerable. Factory want his reasons [L30/14/421/3 & 4]. Details & figures of National Duties recovered from 1729 onwards. From Ledger & Journal of House of Merrett Hall & Co. Signed Peter Charrier & S. Yorke. Note: Mr. Thomas Coxon, Vice Consul succeeded by Geronimo Marques in 1730 Mr. Tucker, Consul and Partner in House of Tucker, Beawes & Co. Mr. Ball, Treasurer & Partner in House of Merrett, Hall & Co. Prince of Campoflorida, Governor of Alicante to whom presents were made to favour the Nation etc. National Duty figures copied fron books of Thomas Coxon's National Duty figures copied from a Factory book of Mr. J. Blundell's National Duty figures copied from a Factory book of Mr. Thomas Horsfall in the House of Wombwell & Coxon [L30/14/421/16A]. Successive Consuls before Wilkie; Tucker, Staniford, Thomas Coxon [L30/14/421/16]. Interrment of Protestants, custom of allowing dues to Inquisition, Town Major, Adjutant, Civil Officers etc...each time. Wilkie against it when British sailors involved. Sailor died in Hospital of St. Juan de Dios previous winter. Wilkie applied to have him buried in an alternative way as usual, costing 3 d.Strg. instead of 10 Strg. Mr. Stoughton, "pretended" Treasurer, told Town Mayor etc...it was to deprive them of their dues to fill his own [Wilkie’s] pocket [L30/14/421/43]. Details and figures of National Duty's recovered in Valencia to 31 December 1752. Treasurer Mr. John Blundell. Consul Mr. Thomas Coxon. Duty from Captain Anthony Comelles, Captain William Molone, Pet. Ant. Moncada, Captain Nicholas Gerino, Captain John Daw. Captain Charles Chevalier told Agent Pasqual Asnar he paid at Alicante. Mr. Marquez not recovered it yet. Paragraph copied from letter concerning Mr. Marquez's debt to the National Duty. Copies of letters concerning Tobacco saved at Castellon de la Plana and money due to Patr. Oliva. The late Sir Benjamin Keene mentioned. Debts to National Duty of Mr. Reveley/Riveley and Fletcher also mentioned. Money from National Duty owed to Doctors Puerto & Mola [L30/14/421/45]. Details & figures of National Duty owed to Wilkie by Factory throughout dispute. [L30/14/421/65]. Details and figures of National Duty's recovered at Cadiz. From Duff & Welsh [L30/14/424/2 in part]. 2. Recovery of Consulage questioned on ships freighted at Alicante but not loading or unloading there. Contrary to previous practice according to Factory. Wilkie disagrees the practice is new. Comparison with Cadiz [L30/14/421/3 & 17]. 3. Dispute arising over the production of Passes. Wilkie clamping down over issue in response to Notice from Admiralty Office, April 26 1775 [L30/14/421/31]. Factory accusing him of renewing an innovation he'd desisted from, i.e. having Captains conducted to his house on their arrival to show their Pass rather than being allowed to go about their business immediately. Specific incident: Captain Wood of the 'Fanny' [L30/14/421/16]. Confiscation of Captain Benjamin Cole's Pass due to irregularities. English Brigantine 'Liberty' belonging to Halifax [L30/14/421/20]. Pass he presented from 1770 referring to a Vessel of Virginia called 'Fanny,, George Blin, Master no. 936 [full wording L 30/14/421/31 signed by J. Buller, Lisburne & F. Hoeburne. Philip Stevens]. Ship consigned to Wombwell & Arabel to take in cargo of salt for Mr. William, Dean of Liverpool in Nova Scotia [L30/14/421/22]. King's Lieutenant commanding during the indisposition of the Governor has informed Wilkie of the Law suit against him. Escrivo de Guerra & Town Adjutant ordering giving up of Cole's Pass. [See translations, text in Spanish, L30/14/421/18, 26, 28, 32, 39, & 47]. Appeal to Grantham for help. [L30/14/421/21]. Marquee de Grimaldi involved in making future proceedings for Consuls smoother [L30/14/421/35 & 41]. Mediterranean Passes, fraudulent use, Circular from Lord Rochford, May 2, 1775 [L30/14/421/31]. Specific incidents involving Captain Samuel Purchase of the 'Beaufair'. Edward Moore of the Brig. 'Fame' and William Llewellin of Brig. 'Artemisa' [L30/14/421/29]. Grantham's opinion on Pass issue [L30/14/421/51]. Letters concerning incidents besides National Duty payment etc...: ------------------------------------------------------------------------ L 30/14/421/14 Wilkie, Alicante to Grantham [Besides National Duty etc. dispute] at Alicante; 2nd Battalion of the Princes Regiment, no more than 30 formed men, the rest Quintos. First Battalion with both companies of Granadiers has joined the expedition now rendezvousing at a neighbouring port [not stated]. 30 May 1775 L 30/14/421/24 Wilkie, Alicante to Grantham [Besides National Duty etc. dispute]. Application made to prevent American Vessells from procuring "Warlike stores" in the Ports of Spain. 11 November 1775 L 30/14/421/38 Wilkie, Alicante to Grantham Decree given against Captain Drew [not specified] Given in. Copy of letter from Mr. Thomas Vague of Valencia [see translations L30/14/421/37, text in Spanish]. 20 August 1776. L 30/14/421/46 Wilkie, Alicante to Grantham [Besides National Duty etc...dispute]; French vessel, met on 14 November off the Rock of Lisbon by a North American. armed vessel , latter forcibly put on board 11 sailors, part of Crews of two British vessels seized on 12 November, 25 leagues west of Rock. American vessel a Sloop called 'the Union', belonging to Cape Ann, commanded by Isaac Soams. Details of armaments & other particulars of their plans. Circular sent by Wilkie to Governor of Gibralter & Minorca Admiral Man & British Consuls to be on Guard. Details of vessels intercepted: `The Ship', George Thomas Brockway, loaded with fish from Newfoundland etc..the Brig `Neptune' Laurina Baron, loaded with wine and fruit etc...the Brig `Providence', Pendirick, loaded with beef from Cork etc..a Schooner, Captain Strachan[?] loaded with butter etc..., a Ship belonging to Londonderry with salt... 26 November 1776. L 30/14/421/52 Wilkie, Alicante to Grantham [Besides National Duty etc...dispute]; Partiality shown to French Nation by their colours being examined from the Duty on Wines, whilst British colours are still subject to it. Breach of Treaties. Awaits Grantham's opinion. 22 April 1777. L 30/14/421/53 Wilkie, Alicante to Grantham Declaration by Joseph Neto, Master of the Tartan Sto. Espiritu, confirmed by James Soler and Anthony Truy two of his Marines; the Falucon or Custom House Bark of Carthagena forced him & most of his Crew out of his vessel, detaining them whilst vessel searched. Complaint to be made to the Captain General of Valencia against the Custom House Officer who commanded the Falcon for boarding vessel knowing she proceeded from Gibralter, a place subject to Quarantine. Grantham's judgement as to future steps to be taken to prevent repeat of situation. [See also translation L30/14/421/54, text in Spanish]. 6 May 1777. L 30/14/421/55 Wilkie, Alicante to Grantham Letter requesting Grantham's favor and protection of Don Anthony Para, Administrator General of the Salinas of La Matta. 14 June 1777. L 30/14/421/56 & 57 Wilkie, Alicante to Grantham Don Anthony Parra obtained full & satisfactory hearing with Minister of Revenue due to Grantham's letter [56]. 2 September 1777. Would like another hearing with Minister of Hacienda [57]. 28 October 1777. L 30/14/421/58 John Byrne, Valencia to Wilkie Bought several articles in Barcelona [listed]. Didn't pay duty thinking it unnecessary as they were bought in Spain. Has had them all confiscated. begging assistance. Sloop called the 'Thomas and Sally', of Liverpool, John Byrne master. 9 February 1778. L 30/14/421/59-62 Charles Viale, Valencia to Wilkie Details of the circumstances surrounding Byrne's detention. Tobacco and Arms on board, not declared. Sloop consigned to Messrs. Peter Gorgues [59]. 10 February 1778. Sloop owned by Messrs. Calvert, Slingers & Barten at Liverpool [60]. 13 February 1778. Charges of P30 deposited by Viale with the Administrator. Juan Pedro Darce, at Byrne's release. Administrator a bad man. Conditions for return of confiscated goods [61]. 17 February 1778. Decision about disposal of confiscated goods. Awaits Grantham's further directions [62]. 20 February 1778. L 30/14/421/63** Pedro Franisco de Pueyo, Valencia to Wilkie, Alicante [Text in Spanish]. Concerning the detention of Captain Juan Biarge for not paying duty on some of his cargo. 20 February 1778. L 30/14/421/64 Wilkie, Alicante to Grantham [Besides National Duty issue]. Acquainting Grantham with Byrne's situation. Has written to Vice Consul advising him not to appeal for Byrne as it is a bad cause. 24 February 1778. 30/14/421/69 Wilkie, Alicante to Grantham Marquiz de Croix's letter shown to Count de Florida Blanca. Crew of Minorkan Privateer all to be freed except one. Can't understand reasons for this etc... P. Villalonga credited for money spent maintaining his people and defraying Court charges attending suit against him. Letter from Villalonga to say they are still not free. Florida Blanca's orders presumed ignored. Grantham asked to remind latter of situation. French Consul and Agent for the Merchantmen Tartan, that brought in Captain Brooks, say they are sure of their Suit. As Count Florida Blanca influenced by members of Court, hopes Grantham will step in in favour of Wilkie. 10 April 1779. ---------------------------- Translations of some correspondence: L30/14/421/18. [Translated from Spanish]. Copy. Most Excellent Sir, Owing to the refusal of the Audience to my own name, in the case about the unfair application of Benjamin Cole conducted to the handing over of the invalid passport he presented to me and with which he entitles himself Captain of a Brigantine called “La libertad de Nueva Escocia” (The Freedom of Nova Scotia) without holding this entitlement al all neither in the afore said document, nor in another one: I have been obliged to appear by means of a solicitor, in order to appeal against the Diligences which forced me to hand over the afore said passport. Despite having insinuated that I would show the fair causes of his detention, which are obvious too in the assumption of the passport confessed by the same Benjamin Cole, it is not banned to present in his own name the documents which anybody thinks fit in the use and protection of his rights, and, on the other hand the public representation of my job, calls in the practice of His Ministery for personal role, which must not be carried out by another hand, on the way that Cole’s aim is asking for quick assistance. It has seemed to me to be indispensable to notify His Excellency through this letter that my Extrajuditial Measures about the ones from my Nation, even though they were arbitraries, as it is due, they have to be protected by the juditial authority for his fulfilment, because it is literally established in this manner, in the Royal Writ of His Majesty of 1st February 1765, without leaving clear field to take another knodlegement in the litigious case, and that having myself claimed the assistance of His Excellency to repulse the afore said Benjamin Cole’s recklessness, and to put on record my extrajuditial position, not as an interested particular person, but as a Consul on behalf of my Public Ministry, with whose quality I must not litigate with my fellow countrymen, but providing provisionally what I think fit to their ideas. It seems that far from giving chance to the continuation of that so-called Captain ill-advised by my emulous, we have to count on the Court’s severe repulsion, and in merit of this thinking, I beg His Excellency and I have hopes of his justification to be kind enough to impose his authority,making remove absolutely the bother and humiliation which are provided to myself and are applied with the intention of disturbing the practice and duties of my employment, persuading firmly to His Excellency that my way of thinking and acting in this matter is in accordance with which I have to do in such circumstances. On this occasion I reiterate to His Excellency my respects, wishing him to employ me as much as he takes pleasure. May God bless you for many years. L30/14/421/26. [Translated from Spanish]. Copies of correspondence between Roberto Wilkie and Joseph Gutierrez de Valdivia, King’s Lieutenant and Interim Governor, Alicante, November 1775. From: De Valdivia, Alicante To: Wilkie, Alicante, 14 November 1775 Dear Sir, As soon as I received your letter I asked the clerk to come to see me and I charged him with the delay in filing the writ in the suit being followed, to which he replied that, shortly before, he had been handed the reply from the other party and in view of this he had gone to inform my Assessor, whom he had not found at home, this being on the dot of noon, whereupon I him the letter you sent to me so that, bearing in mind at the time of making the decision the Resolution will be made pursuant to what you request but having ordered that the other party be notified of your petition I am ignorant of the explanation they have given and there is nothing more I can add on this matter, being persuaded that my Assessor, by virtue of what I have told him, will proceed in accordance with what is just; and with nothing further to add, I am at your service, praying that God will grant you many happy years. Your most humble and obedient servant, Joseph Gutierrez de Valdivia From: Wilkie, Alicante, 15 November 1775 To: De Valdivia, Alicante Dear Sir, In spite of the assurances you give me and the expression of your attention to the replies to my official letters regarding the detention of Benjamin Cole, presumed captain of the brigantine under his command and even your assurance of the arrangement regarding the navigation certificate which he presented me bearing the names of a different captain and vessel I am obliged to insist in my entreaty for your speedy and favourable decision not only because of the suspected flight of the said Cole which would be a serious inconvenience but also because this would make the whole procedure illusory, when through the temerity of said presumed captain and the insinuations of some firms in my country [word illegible] which make such a bad impression and blindly follow the ideas of those who resist complying with the obligation to present their passports to me. At present this is happening with other captains of various vessels of my country preventing me from exercising the functions of my office and showing the lack of respect which is due to me in my character of public representative of my country and I cannot overlook these outrages nor submit myself to lawsuits with my fellow-countrymen in matters where I have no particular interest and only intervene as protector of the Nation. I beg you to give me the assistance of your authority to put into effect my arbitrary and extrajudicial orders and those of my country and especially for the arrest of said presumed captain Cole and his vessel and for the presentation of the passports of the captains of my country which they refuse to do or excuse themselves from doing, begging you to bear in mind that in what is essential for my position there is not the least doubt of exceeding my powers since as I have manifested to you, I proceed in accordance with orders from my Court declaring extraofficial what is convenient for complying with them and claiming for their execution such help as may be provided for the protection of the laws of the kingdom and the extrajudicial orders of foreign consuls, and I trust you will be good enough to forward this appeal with the authority requested or tell me frankly if you have any inconvenience in giving me a favourable reply so that I may take the steps essential for my position and not trouble further the attention of Your Excellency to whom I repeat with all respect that I have the best desire to serve in whatever way you may wish. I am Your Excellency’s most obedient servant. Roberto Wilkie From: De Valdivia, Alicante To: Wilkie, Alicante, 15 November 1775 Dear Sir, The official letters you sent me dated 11 and 14 instant as well as the subject of their contents is a matter for judicial discussion and I ordered that the Acts be brought to me so that their respective merits might be seen and, in effect, yesterday I issued a judgement on the whole of it and it is right that you should be informed insofar as the help which you request on today’s date with reference to the irregularities you had observed in some captains of your country regarding the navigation certificates, I have advised the Adjudant Major of this town to cooperate with you whenever you request him to do so and if at the same time your could provide me with a list of the shipmasters who have failed to treat you with due respect and attention I will immediately arrange through my jurisdiction to give you satisfaction in accordance with the offence as an expression of my goodwill in order that your prerogatives may be kept immune from interference. I repeat my sincere desire to serve you and pray God to keep you for many years. I am your most humble and obedient servant, Joseph Gutierrez de Valdivia. L 30/14/421/28 (In Spanish: translated). From: Robert Wilkie, Alicante To: Thomas Robinson, 2nd Baron Grantham From Wilkie, Alicante to Grantham, 18 November 1775 Your Excellency Dear Sir, Following what I wrote to Your Excellency about Benjamin Cole’s lawsuit in respect of the navigation certificate which he presented to me, with which he has sailed without recording there either his own name or that of the brigantine under his command, I must give Your Excellency an account of the results of my official demands for his arrest basing myself on a just defensive action to strengthen my position against the orders he has compelled me to issue to avoid holding back to him said document, with fines, summons and other rigorous measures. I have honour, Your Excellency, to bring to you high intelligence the fact that notwithstanding having manifested the King’s Lieutenant in this town (who exercises the functions of the Interim Governor due to the serious indisposition of the holder of this office) the powerful reasons of the desirability to resist handing back said navigation certificate since it contains neither the name of the vessel nor that of the aforementioned Benjamin Cole, basing myself for this action on the orders of our Courts, which provide for such supposed instruments to be retained and forwarded to our Admiralty; and I have finally come to the conclusion to endeavour against all hope to resist handing back said navigation certificate and moreover I have been denied the help claimed to substantiate my extraofficial measures for the just retention of that document, in accordance with Article 19 of the Peace Treaty between our Court and that of Spain in 1675 where it was agreed that disputes between nationals of either country should be sent to their respective consuls, and also with that set forth in the 12th Royal Patent of His Catholic Majesty issued in El Pardo on 1 February 1765, where it is provided that the Justices of the Kingdom should give their help for the fulfilment and execution of the orders of the foreign consuls, treating their appeals with due attention and consideration; and although I have been obliged to litigate against said Cole, to check the rigour of the judicial acts by which I am constrained, I have presented an appeal to the Royal Person of His Catholic Majesty. I do not know if it would be well to allow the use of this remedy or continue with the proceedings which would compel me to deliver the often mentioned passport, since I am resolved to suffer the consequences of any violence through non-compliance with observing and fulfilling the orders of the Higher Tribunals of our court and for not having tolerated such a pernicious example as that of a subject or vassal of our sovereign, travelling without a passport and appropriating that of a third party, turning himself by this falsehood into a common criminal as expressed in the order issued on 26 April of this year, making him worthy and deserving of the most severe punishment, he has started a libellous suit against me, requesting and demanding that I be subject to judicial compulsion and my assets placed under embargo with fines and other vexations, all this with insolence and boldness. In addition to failing in the attention respect which should restrain him because of the public representation of my office, he has scandalously influenced other captains who are iniquitously advised, Mr Juan Comin, Mr Jorge Moore and Mr Pedro Arabet, the first from Ireland member of the firm Fletcher Rood & Co, the second also Irish of Moore Athy & Peacocke, and the third a French national of Wombwell’s &Arabet to which firms on this occasion they have been assigned and they have all refused to present their navigation certificates perversely persuaded that they are not obliged to do so nor have anything to do with me other than for consular fees, publicly slighting the nature of my office leaving me in the position of any ordinary individual, and they have taken the undue liberty of requesting licenses from other magistrates rather than (because of the matter of the navigation certificates) coming to collect those I had and was ready to give to them with the appropriate endorsements which new development has caused grievous trouble where least expected, and also having been unable to receive from this Interim Governor, inspite of entreaties, the assistance which he offered to give me in reply to my official letters, said firms having opposed the petition and the Governor having taken the stand of representing a higher authority as apparently he does where there is a case of accessories to a crime in order to obtain a ruling on what he should do in this and similar cases; and meanwhile I am left without being able to exercise any of the duties of my office, insofar as compelling the captains to present their navigation certificates is concerned, and to claim the assistance in executing the extrajudicial provisions of this consulate which he is ordered to protect under said Royal Patent, and I find myself forced to suffer litigation from our countrymen when trying to establish their navigation rights; and suffering shameful slights with little favourable attention to my official letters, and affronts which the summons, fines and other proceedings bring me and which said Cole has requested and been granted together with the lawsuit and other injustices fomented through jealousy and envy by other firms, impairing my limited operations under the cover and with the specious pretext of protecting the English captains who are not from England, and said Mr Juan Comin and Mr Jorge Moore find themselves esteemed and well treated in this commercial centre and in all Spain as much as the nationals themselves because they are Irish Catholics, claiming protection in various disputes together with the Frenchman, said Arabet. I heartily beg Your Excellency to condescend to protect this justified petition which I am addressing to your high Ministry since I bear the same official representation although mine is so inferior compared with that of Your Excellency and by virtue of this be pleased to send your efficacious official communications to the Minister of State of this Court so that he may be good enough to issue the corresponding orders to this Governor, strongly urging him to order his assistance to me in the execution of my extrajudicial orders against those of our nation regarding the presentation and endorsement of the captain’s passport’s and in any other instance where my intervention is required in matters and affairs pertinent to navigation and other events of our fellow countrymen, not issuing their licenses until they have shown to have fulfilled said obligations in regard to my office, so that I may thereby be of service to our Sovereign by whom I am appointed to this town, and be able to perform freely my duties without the annoyances which said firms and captains cause me, and I hope to be justified by Your Excellency to whom I express my humble veneration and respect, anxious to serve you in any way you may desire and pray over Lord God may prosper your life and to ever more greatness. Your most humble servant, Roberto Wilkie. L30/14/421/30 (In Spanish: translated) Decree of the appointment of Mr Thomas Stoughton, [made by Juan Francisco Perez Cuevas] In the district of Santa Faz, within the boundaries and jurisdiction of the City of Alicante, on the 30 August 1776, I, His Excellency the Military and Political Governor of the same, judge of this court, in view of the agreement the Assessor Dr Bernardo Torregrosa, Councillor of the Illustrious Municipal Government manifested that in his opinion there was no case for the main article or the subsequent articles raised by Mr Roberto Wilkie in his petition, folio 32; declaring that the appeal decided on 24 May, ratified on 23 July as a temporary measure, is hereby understood to be absolute and therefore the appointment of Thomas Stoughton as Trustee and Collector of the proceeds of National Taxes for the commercial firms Wombwell’s & Arabel, Flecther & Rodd and Moore Athy & Peacock is confirmed; and considering the confidence and satisfaction which these firms have shown in Mr Stoughton continuing in said position, without the least impediment or contradiction they named him with greater reason trustee and collector of said proceeds, with the obligation to designate them for the time being and until further steps are taken, to the purposes of his office in accordance with the practice before said Wilkie assumed his position as Consul; and in consequence it is hereby ordered that the parties in accordance with the official Acts use their respective rights as may be appropriate; and by this definite Decree in respect of the aforesaid article, I, His Excellency so decree and provide the expressed agreement, the witness being Antonio Sala, Priest, Lieutenant Colonel Joseph Rouge and Mr Miguel Gorrilla, Administrator of the Post Offices of said City, and citizens Messrs. Jorge Dunant and Bernardo Torregrosa - Before me, Juan Francisco Perez Cuevas. L30/14/421/32 (In Spanish: translated). Correspondence between Roberto Wilkie and Jose Gutierrez de Valdivia, November 1775 Copy Dear Sir, I am acquainted with the contents of your letter of today’s date. At the moment, not having been presented with the official document, I cannot say more than that in everything I will proceed in accordance with what I consider appropriate in justice and with what the Assessor may explain, assuring you at the same time that your position and character will not be prejudiced and therefore you should be kept informed of my good intentions and honourable way of proceeding, and I assure you of my entire goodwill in your service, to which end I offer my obedience, praying that God may grant you many happy years. Your most humble and obedient servant Mr Roberto Wilkie Copy of another official letter sent today to the Honourable King’s Lieutenant, Interim Governor of this city Dear Sir, Although I am persuaded of Your Excellency’s promise that you will attend to the merits of the observations expressed in my extrajudicial communication dated the 11 Instant, of which you were good enough to assure me in your appreciated reply of the same day, nevertheless as I have so far not been informed what has been decided to prevent the inconvenience of the flight of the presumed Captain Benjamin Cole, who together with my rivals have caused me much trouble and vexation, as is recorded in the official letter with the news that they will probably endeavour in your absence to make a mockery of the results he should expect from his misconduct, it seems to me that I cannot do other than put this forward for your consideration so that bearing in mind the inconvenience in the event of the departure of said presumed captain you will kindly prevent it, communicating your high authority provisionally to arrest and detain him with the vessel in the event that he does not guarantee to my satisfaction the results of his rash suit and to this end send a communication to the court in Santa Pola, where I have notice of his last place of residence, and other corresponding official requests for help to whoever is in charge of said district and port. I trust in the attention and integrity of Your Excellency to whom I repeat my respect and desire to serve you in whatever way possible. May God keep Your Excellency for many years. Alicante 14 November 1775 Your most obedient servant, Roberto Wilkie. L30/14/421/37 [In Spanish - translated]. From: Thomas Vague, Valencia ; To: Roberto Wilkie - 16 August 1776. Copy My Dearest Sir, To the satisfaction of the esteem from His Excellency of 9th July, I will tell that my suspicions have been verified, and the Captain Drew has lost his lawsuit, the whole excess of that not declared has been confiscated, and eventually I get the private Writs from this Administration have got more strength than that arranged in Treaties. I have appealed for not harming the appearance of the honour of the English Nation and the Captain Drew’s character, but without having a lot of spirit to carry the lawsuit because I have to manifest to His Excellency that this matter has been looked at with complete neglect from who could assist him. I often see corresponding official notes coming from the Ambassador of France just for menial things, but in this one which I have cried out so much, I recognised carelessness. Maybe it will be due to the fact that the circumstances weren’t in favour to appeal against the sacrifice, which has been done with this poor Captain. Eventually just the money of the guineas has been saved, and even the silk tights he bought for his own use in Barcelona are confiscated. I reiterate to His Excellency that I am entirely at his disposal. May God bless you for many years. Thomas Vague Sir Geronimo Ortiza had to declare and he declared the confiscation of the goods, which were found in the English ship or Brigantine named “Juan” with excess to The Manifest given by his Captain Eduardo Drew, whose excess results made comparison of the Manifest Folio 18 with the testimonies of the checking, which go into the head of proceedings and settlement of the bookkeeper Sir Francisco (Miele) Folio11 preventing those of the licit trade from being sold prior fair prize. That faithful visits will be made by this Royal Customs house and his product must be distributed in four parts in the way stipulated by the Royal Writ and for the settlement the proceedings will pass to the Audit Office, and those of the illicit trade must be cancelled or burnt in accordance with which is established in the same Royal Writs, ordering to the aforesaid Captain to pay the costs of this cause reserved to a fair appraisal, which Sir Thomas Vague of the trade of this city must provide because of the obligations he entered into and for being his auto-da-fe agreement with Sir Pedro Salvador. Notified in this day. L30/14/421/39 [In Spanish - translated]. From: Joseph Portuguez To: Robert Wilkie, British Consul From Portuguez, Madrid to Wilkie, 13 September 1776 Copy: Having seen at The High Court-Martial the proceedings which are being followed by Robert Wilkie, British consul in that area, with Benjamin Cole and several trading houses of the same nation and of the above mentioned site about the retention which the named consul did of a passport, which he was supposed to be Captain or Master the named Cole, with the ship called “ La Libertad de Nueva Escocia” [The Freedom of Nova Scotia], has decided to have the proceedings by now and approve the retention which has done the named consul of the passport and what His Excellency must present the original in this Court within 15 days: get ready to arrest the mentioned Benjamin Cole, the sailors of his crew and seize The Brigantine with all of its effects at the disposal of the Court, giving His Excellency, count with the original carry out with all due diligence he practices, and His Excellency must conform the passports and the other documents which must bring the boats to enter the harbour and in case they don’ t legitimate their people, ships and cargo and act in agreement with the ordinances, and assit the consul so that the Masters of his nation present him in this lodging the passports and documents he must recognize and assist, which on behalf of The Court I transmit to His Excellency for this fulfilment. May God protect. Joseph Portuguez. From: Robert Wilkie, British consul To: Jorge Dunant, Governor of Alicante From Wilkie, Alicante to Dunant, 28 September 1776 Copy : Dear Sir, My Dearest Sir and of my Veneration, The Most Excellence Court-Martial of this site has notified me of the Resolution of The High Court-Martial, in the case or proceedings with Benjamin Cole and the houses which protected His Excellency, approval by The Court the retention I did of the passport which he sailed with, with prevention of his shipment to the same superiority and of what His Excellency assists my disposals so that the captains, or Masters of ships of my nation present in my lodging their passports, in order to recognize them and authorize them with the other things which The Court decides. On your understanding and on your request that his Excellency should present this original passport by the third day. I execute it in this, sending an original to His Excellency’s hands and begging he to send me a receipt for my Government and which is tranlated into the Spanish Language, I receive a certified true copy in this, and in English Language for his comparison and confirmation, disposing that at the same time prevents to the assistants of the site to assist my providences for the presentation of the passports of the captains of my nation, in my lodging as the named High Court has resolved. You deserve fulfilment. I wish you to have a most prosperous life. I remain your servant. L 30/14/421/47 (In Spanish: translated) From: [Robert Wilkie] To: Pedro de Echauz From [Wilkie], Alicante, to Echauz, Madrid, 1 February 1777 Copy My dearest Sir, I answer to His Excellency’s favoured letter of the last 28th telling him that it is not my intention he appeals in my name against the sentence given by the Court-Martial in the matter of Cole, unless that after notifying the idea to the General Consul, he approves it and His Excellency and the lawyer considers that we would improve a lot the Measure with costs and at least the (warning) of the three houses of this that conspired caused this matter and the National Rights. I find out what has happened to this person in the appeal against the afore said National Rights and I will appreciate His Excellency carries on holding it and when the opposing party pleads, I have a hope of him sending me a copy of it so that in his view I send him whatever I take pleasure in order to contradict them with justified reasons, which are on my side, but it is not my intention either he goes ahead with his accustomed application in this matter, unless the General Consul approves it. I am at his service, Roberto Wilkie. L 30/14/421/54 (In Spanish:translated). [? Transcript of court procceedings], n.d. [c.1770] Joseph Netto, Captain of the English Tartan “El Santo Espiritu” [The Saint Spirit], subject of His British Majesty and inhabitant of Mahon, coming from Gibraltar, from where he set off the last 16th April and he arrived at this harbour the 1st May in the morning, stated and declared under oath: That having set off the afore said harbour of Gibraltar bound for Mahon, on account of the contrary wind, he felt himself forced, on the 24th April in the evening, to anchor the ship in “The Creek of Ubias”, where he stayed until the 27th of the same, that setting sail he was cautious to come back to the afore said Creek because of the wind, he set off on the 28th in the morning and two leagues out he noticed “El Falucon de Rentas” (The Incoming Launch) from Cartagena which was sailing too and which signalled to him to come along side the launch. That he answered him that he couldn’t execute it as for his privilege of His British Majesty’s flag which he was sailing under, as for coming from Gibraltar, place subject to quarantine concerning health. Despite this fact, the “Falucon’s people” insisted that he went to the launch, menacing the Captain and Crew telling them that otherwise they would proceed to another vexation, which forced them, recognising themselves to be of smaller strength, to give up and the Captain, two sailors and a boy went on board the afore said “Felucon, that they wanted to arrest them realising that the Crew could be jeopardised without these people on board, they wanted to go back to his afore said ship, but they had to give up by force and remain arrested, until that going on board the Tartan, “The Falucon’s (Babo)” and other 6 people, with the launch or ship introduced themselves onto it and absolutely without showing respect neither towards the privileges of its flag, nor the little good harmony to the Peace Treaties at all, they proceeded to searching and checking, discharging ballast and other manoeuvres, which they wanted to practice and assured entirely themselves not to have found anything, they came back to the “Falucon” and set free the Captain and Crew in order that they went to their Tartan and carried on their sailing. That is the truth, which he declares in his oath. He is 23 and he signed it. Immediately Diego Soler presented himself, who is boatswain of the Tartan called “El Santo espiritu” [The Saint Spirit] and inhabitant of Mahon, and under oath, he swore to tell the truth about whatever he was asked. Having notified and read to him the statement made by the Captain Joseph Netto, he assured and confirmed to be true everything which is written in the statement as he saw and witnessed. That is the truth, which he declares in his oath. He is by …, and he didn’t sign because he said that he couldn’t and he just made his mark. Soon after attended Antonio Truy, who is sailor of the afore said Tartan “El Santo Espiritu” (The Saint Spirit) and inhabitant of Mahon too and took oath to tell the truth about whatever he was asked. Having read to him the statement made by the Captain Joseph Netto, he confirms the same and he declares to be true everything which is written in it, as he witnessed about “The Incoming Launch” and other things. That is the truth, which he declares in his oath. He is by… and he doesn’t sign because ha can’t and he made his mark. Joseph Netto, Captain of the English Tartan “El Santo Espiritu” (The Saint Spirit) told that on the last 16th April he set off from Gibraltar Harbour with the afore said Tartan to the one of Mahon. That in his sailing, on account of the contrary wind, he felt himself compelled to anchor on the 24th in the “Creek of Ubias” and he stayed until the 27th of the same. That setting of he had to go back the same day because of the weather and setting off again on the 28th and two leagues out, “The Incoming Launch” from Cartagena signalled to him to go on along side the launch, to which he answered refusing it because of the privilege he has on his side for being subject of a Power from abroad and also for coming from Gibraltar, suspected place as regards the health. However, the people from the ship insisted that he went to it, and recognising himself to be of smaller strength, he had to give up going on board the afore said ship where they held him while the sailors and other people passed to his Tartan and searched it. L 30/14/421/63 (In Spanish: translated). From: Pedro Francisco de Pueyo To: Roberto Wilkie Pueyo,Valencia, to Wilkie, Alicante, 20 February 1778 My Dearest Sir, In answer to His Excellency’s letter of 14th of the current, in which he puts me in charge of attending to the Captain Juan Biarge, in order to draw up the arrest in which His Excellency involves his person and (ship) due to the goods which were found out of manifest. I tell him that the afore said Captain didn’t suffer neither arrest, nor more detention than the indispensable hours for the formality of this event, and to listen to the statement the same captain, who is his vice-consul’s associated, did, and as a result of it, he was set free immediately as it results of the proceedings, remaining in the customhouse warehouse the goods found out of manifest, giving power to the Captain to his own defence in case he wants to do it, and giving for this case a surety who pays costs, from which the (ship) from abroad is free, as long as he makes some lengthening of that one which is apprehended, but if a lawsuit is done, he is exposed to suffer the costs and winning the dispute. The money the Captain declared in his Manifest is not the cargo of the (ship) but his own wealth, and he ought to have done the same with the things he omitted and which he told to belong to him, although he also expressed that they come from some fruits and Spanish factories, most of them aren’t. According to the Treaties and his observance, even though the Captains bring some things of illicit trade and others of licit trade, all of them without neither guide, nor payment of rights. Despite having been loaded in Spanish Harbours, if they are written in the manifest, they do his duty and nothing will be asked for the income, and on the contrary, even though they have got guides, whatever they are goods of licit trade and the rights are paid, if they aren’t written in the manifest, these are lost, from which there are different examples. Be His Excellency certain that in everything which is right and depends on me, I will assist every from the English Nation, as it is due, and His Excellency as much as he takes pleasure in ordering to me, because I wish to give his pleasure. May God bless you for many years. His true servant, Pedro Francisco de Pueyo.

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Wilkie, Robert,
Grantham, Thomas Robinson, 2nd Baron,
Munro,
Wilkie, Patrick,
Martinez,
Stoughton, Thomas,
Rochford,
Weymouth,
Porten, Stanier,
Marsh, John,
Vickerman, Thomas,
Charrier, Peter,
Yorke, S.,
Coxon, Thomas,
Marques,
Tucker,
Beawes & Company,
Ball,
Hall & Company,
Blundell,
Horsfall, Thomas,
Tucker,
Staniford,
Blundell, John,
Comelles, Anthony,
Molone, William,
Moncada, Peter,
Gerino, Nicholas,
Daw, John,
Chevalier, Charles,
Asnar,
Marquez,
Keene, Benjamin,
Reveley,
Fletcher,
Puerto,
Mola,
Duff & Welsh,
Wood,
Cole, Benjamin,
Grimaldi,
Purchase, Samuel,
Moore, Edward,
Llewellin, William,
Vague, Thomas,
Soams, Isaac,
Neto, Joseph,
Soler, James,
Truy, Anthony,
Parra, Don Anthony,
Byrne, John,
Viale, Charles,
Biarge,
Brooks,
Drew

CORRESPONDENCE, Alicante, taxation, civil ships, captain, Spain, lawsuits