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A35600 The Case of all the non-commionssi'd [sic] officers, viz. corporals trumpeters and kettle-drummers, and private horsemen of Colonel Theodore Russel's late regiment who, upon the breaking of the said regiment entered themselves into other regiments in His Majesties service and could never obtain their arrears in the said late regiment, being about 30 £. a man, or one penny thereof, when all the commission'd officers, and diver of the non commission'd officers and private horsemen, who then quitted His Majesty's service were fully paid off their arrears, by Lord Conigsby, or his deputy, &c., without any deduction, and of Joseph Ducket, gent., whom the persons so unpaid, have imploy'd as their attorney or solictor, for obtaining their said arrears : together with some remarks on the pay-masters accounts &c. : humbly represented to the Honourable House of Commons. England and Wales. Parliament. House of Commons. 1695 (1695) Wing C878; ESTC R4006 6,590 8

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provided for the said Regiment 1200 l. 7 s. when all the Cloaths he ever furnished the Regiment with were only one Surtote-coat a man made of red Bays or some such course Cloth without any Lining and almost without Buttons worth but about 10 s. a Coat being so very bad that all who could otherwise provide themselves refused to accept of them but if he hath taken more than he ought he is very well able to refund it to his Majesty he being extreamly rich And what is charged for Respits c. is likewise very extraordinary There is also charged to the Regiment as aforesaid 140 l. for 500 Sheep and 40 Bullocks pretended to be seiz'd by the Lieutenant Col. when he only took the said Cattle with a certain Lady who was the Owner of them for whom he had a kindness into his Protection and put the Soldiers to drive the said Cattle for her and tho they had not one Hoof of them yet are they now charg'd with the whole Herd But lest these matters should not raise the said Charge high enough they have chose rather to pay some of the said Commission'd-Officers their Arrears in part twice over since the breaking of the said Regiment as appears by their own Accounts then that those men who so continued in his Majesties Service and are unpaid should have one penny coming towards their said Arrears for which reasons and divers others that might be given it may not perhaps be altogether unworthy the Consideration of this Honourable House to cause the said Accounts and their Vouchers too to be Inspected and throughly Examined That the said Soldiers so unpaid and their said Solicitor meeting with these and many more discouragements after above two years constant and expensive waiting and Attendances from Office to Office as aforesaid being out of all hopes of ever obtaining Relief therein by those the proper and ordinary Courses and Methods did about twelve months since print their Case and humbly present it to the Members of this Honourable House and had a Petition drawn and sign'd by a considerable Number of the said unpaid Soldiers ready to have been presented to the House but by the Advice of some Worthy Members the same was put off by reason the Session of Parliament was then near at an end That their said Solicitor observing some time since that this Honourable House was taking into Consideration some Abuses of the like Nature did by Mr. Edward Pauncefort give the Paymasters to understand That if it were not their pleasure to let the said Soldiers Accounts be adjusted and to put the matter into such a method that they might be paid their said Arrears he must be forced to bring it again before the House To which he received for Answer from the Lord Coningsby by the said Mr. Pauncefort That his Lordship would within a few days speak to the King and beg of His Majesty that they might be paid and so kept their said Solicitor from proceeding any further thereupon till at length one Captain Eben-ezer Leeds who is Son in Law to the said Col. Russel was brought out of Flanders to take upon him the management of the said business and as it may be reasonably presumed to keep the same from being brought before this Honourable House That the said Joseph Ducket their Solicitor altho he hath a sufficient Authority by Letters of Attorney under the Hands and Seals of the said Soldiers well attested to receive and give a Discharge for their said Arrears yet doth he not desire to receive the same without giving good Security to render to every one his due But he humbly conceives it to be very hard that after he has spent 3 years time in Attendance upon this Occasion and above 100 l. out of his pocket part whereof was laid out by him in relieving the meer Necessities of many of the Soldiers when with him as they themselves will testifie the Business should now be taken out of his hand without any Consideration and the Soldiers not benefitted thereby That it hath appeared to be very disagreeable to some Officers of the Army to have any other persons intermeddle in matters of Account betwixt them and the Soldiers but for want thereof it is too much to be fear'd that the poor Soldiers who ●●e under the danger of being call'd and perhaps tried too for Mutineers besides other Severities if they do but assert their Right to their Officers in respect of their pay are forced often times to put up with very lame Accounts and to take rather what their Officers please to give them than what they ought to pay them for their Arrears And if some proper Remedy and Relief therein was found out and provided it may be nothing would more conduce to the Encouragement of all the Inferior Officers and private Soldiers in whom the strength of the Army consists and on whom the Honour and Service of his Majesty and Safety of the Nation do consequently in great measure depend THE CASE Of the Private Soldiers c.
THE CASE OF ALL The Non-Commionssr'd Officers Viz. Corporals Trumpeters and Kettle-Drummers AND Private Horsemen OF Colonel Theodore Russel's late Regiment Who upon the Breaking of the said Regiment entered themselves into other Regiments in His Majesties Service and could never obtain their Arrears in the said late Regiment being about 30 l. a Man or One Penny thereof When all the Commission'd Officers and divers of the Non Commission'd Officers and private Horsemen who then quitted His Majesty's Service were fully paid off their Arrears by the Lord Coningsby or his Deputy c. without any Deduction And of Joseph Ducket Gent. whom the persons so unpaid have imploy'd as their Attorney or Solicitor for obtaining their said Arrears Together with some Remarks on the Pay-Masters Accounts c. Humbly Represented to the Honourable House of Commons The Case c. THE said Regiment was first Commanded by the Lord Delamer and about the begining of the late Wars in Ireland was sent over thither and given to the said Colonel Theodore Russel who then was and still is an Inhabitant of that Kingdom and after the said Regiment had served in all or most of the Battles there Fought till the 20th of March 1690. whereby it was somewhat reduc'd it was then broken the said Non-commission Officers and private Troopers having receiv'd no Clearing nor above 12 l. a man towards their Subsistance-Money for the space of 565 days Upon the breaking of the said Regiments the Soldiers now remaining unpaid upon promises made them by Major-General Douglas that they should be duly Paid their Arrears were encouraged to go into other Regiments where divers of them still continue but instead thereof the Lord Conningsby who was then Paymaster in Ireland or his Deputy Will. Robinson Esq paid all the Commission'd-Officers of the said Regiment then in Ireland their full Arrears and likewise many of the Non-commission'd Officers and private Horse-men of the said Regiment who then quitted his Majesties Service and the said Colonel and the rest of the Commission'd-Officers of the said Regiment being in England were afterwards in like manner paid off the full of their Arrears and Demands at Mr. Fox's Office without having any deductions made out of such their Arrears towards the publick Charges of the said Regiment which as appears by the Paymasters own Accounts amount to near 10000 l. but no manner of care was taken to preserve one penny for these honest loyal Men who continued to hazard their Lives for the honour and service of their King and Country even to the entire Reducing of Ireland being about 120 in Number and having one with another near 30 l. a Man due to them for their Arrears in the said Regiment When the Wars in Ireland were ended the persons so remaining unpaid being tired with following the said Col. and his Agent for their said Arrears applied themselves to the said Joseph Ducket importuning him to assist them towards getting their said Arrears and gave him a sufficient Authority under their hands and seals for that purpose whereupon he together with divers of the said Soldiers several times attended the said Col. Russel entreating him to give them his assistance therein which he refused to do and at length to be rid of them bid them apply themseves to the said Mr. Robinson which they accordingly did and he kept them in hand a long time but finding that they would not be tired out by fruitless Attendances he then told them he could not pay them till they had taken out Copies of their Muster-Rolls to make it appear how long each of them had served in the said Regiment and tho divers of them being then in Sir John Lanier's Regiment and just going to the Campaign in Flanders most humbly besought him but to let them have 30 or 40 s. a Man to buy them necessaries for the Campaign which was not much above 12 d. in the pound of what is due to them yet would not furnish them with a Penny Upon this they procured the Muster-Rolls to be sent for out of Ireland and at a considerable Expence got copies of them wherewith they again attended the said Mr. Robinson who then told them he could not pay them without an order from Mr. Fox or the Lord Conningsby and so sent them to Mr. Fox's Office where after having attended about as long as on the said Mr. Robinson they were told no Money could be paid without an Order from the King or the Lords of the Treasury Whereupon an humble Petition was presented to her late Majesty of blessed memory which she was graciously pleas'd to refer to the consideration of the Lords of the Treasury but the King who was then in Flanders being return'd before any Proceedings could be had thereupon another Petition was humbly presented to his Majesty which he was likewise graciously pleased to refer as before and the Lords of the Treasury referred the same to Mr. Fox and the Lord Conningsby to report what was fit to be done therein Mr. FOXs Report Upon this Mr. Fox made his Report in these words viz. May it please your Lordships Your Lordships having been pleased sometime since to refer a Petition of several Non-commissioned Officers and Private Horsemen of Coll. Theodore Russel's late Regiment to the Lord Conningsby and my self we did then defer making any Report upon the same until such time as their Accounts should be stated either by the Coll. or his Agent that we might have been able to have given your Lordships an exact Account what had been due to them but do not find they have yet done it however are very pressing for a Report in order as I suppose to obtain some directions from your Lordships to oblige the Col. or their respective Captains to make up and state their Accounts which I am of opinion they ought not to refuse since at the breaking of the Regiment all that quitted the Service were fully cleared and it would seem very unequal if those that Entred themselves into other Regiments should not have the same Justice done them But I am withal to inform your Lordships that whenever this is done in order to the Paying of these Men his Majesty must declare whether the exceedings of the last Cloathing furnished them over above what the Off-Reckonings would bear to the time of their being broke shall stand charged on the Regiment And whether the same allowances are to be made to them as are given to the Regiments of Horse whose Accounts have lately been scated otherwise the Accounts of the Regiment will not bear it for as they now stand it is over paid Which is humbly submitted to your Lordships Sign'd Cha. Fox Octob. 13. 1693. Which Petition with the said References and Report being carried back to the Treasury do there remain but no farther proceedings could ever since be obtain'd thereupon That one main Objection against these men being paid their said Arrears was for that they had not got