AT the first establishment of the Army that was not settled or de­clared that the Capt. should make good the Horses and Armes he received from the State for himselfe, Troope or Company, not was there any Covenant twixt the State and him to that purpose, nor is there any Ordinance or order of both or either of the Hou­ses of Parliament, binding him thereto, till the Ordinance of the 26. of March 1644. which was since the accompt and lookes only for­ward as by the same herewith shewed doth appeare.

2. He conceives that beyond all Example and president, and contrary to the Rules of Warre and common Iustice, that he should be charged to the value of 2000. pounds and upwards for his said horse and Armes, a yeare or two after his entertaynment into and progresse in the service of the Parliament, the e being no condition of his part, or so much as any proposall on theirs, whereby he could imagine that would be expected at his hands.

3. Wee raysed and had before the battle of Newbury, eighty six horses for his Troope, as by his accompts given into the said Com­mittee upon his Oath herewith shewed doth appeare, All which were not worth above five pound a horse one with another, no value being set upon them nor Ticket given for them to any person by a­ny [Page 4] person by any Committee or person whatsoever, whereby the State can be charged with one peny for them, neither could they, (had he not charged himselfe) have charged him upon any account therewith.

4. The Committee of Accompts (without any just ground as he conceives) thought fit upon an Accompt of their owne making up to charge him withall the said horses at ten pound per horse, which he conceives they could not properly nor rightly doe for that they are unacquainted in that way, and not imployed for that end, but principally for that they never saw any of them, it being divers Monthes after the said horses were killed, lost or made away before they were a Committee.

5. All the said horses were before or at the battle of Newbury ei­ther dead killed, or lost, upon service by hard duty one way or other, except eight at most he having lost above fortie in the battle as he hath proved before this honourable Committee, two only of them being converted to his owne use which he made good to the State as by the said Accompt herewith shewed doth appeare.

6. He received for the Recrewt of his said Troope since Newbury battle in horses and mony to buy horses with, at ten pound a horse, eighty six more with which as with the former to a hoofe he char­ged himselfe upon his said Accompt expressing upon his oath each mans name who had them being of his Troope fortie two, where­of he received since the said Ordinance which are not charged upon him by the said accompt made up by the said Committee to the 21. of March, 1643, nor did he know that they had charged him with his said horses and Armes at a prize as his debt, nor how they had made up the said accompt till payment of what was certified by the said Committee to be due from him, was ordered by the honour­able House of Commons.

The said horses received for his recrewt and those eight brought from Newbury battle unlesse some few which shortly dyed or was utterly unserviceable were mustred in his said Troope the 20th. of May 1644. which then consisted of eighty foure state horses, fortie two whereof are part of those charged upon him by the said [...]co [...]n [...] [Page 5] at 10 ^• per horse as by the Muster Roll at tested by Sir Edward Dodsworth herewith shewed doth appeare, which said Troope of horse now is and ever since hath beene upon service in his Excellencies Army, and are the very same ho [...]ses he is charged with as aforesaid, and are those only which cost or can cost the State any peny, twenty three whereof were not wo [...]th above six pound per horse, one with another, none of all which were ever seene by the said Committee nor ought as he conceives to be charged upon him however so o­therwise then the ordinance provides for.

The said horses r [...]ceived as aforesaid he never had occasion for, nor hath use of, but for the service of the state, except for two of them which he made use of to his owne particular, with which he charged himselfe upon his said accompt upon the same prizes they cost the State.

All the Armes, Pistolls, Saddles and their furniture whatsoe­ver which he hath received both before and since the Accompt and Ordinance to this day, unlesse twelve Saddles and six Backes, Brests and Pots are to abridle charged upon him at severall prizes, by the said Accompt, and one hundred pound part of the price of the said Saddles also part whereof were lost upon service and other­wayes as the horses were before and at the battle of Newbury, three Pistolls and few or no Armes being brought of that day, And the residue received since the battle of Newbury they were delive­red to his Officers and Troops mustred the 20th. of May aforesaid who were armed and have served therewith in his Excellencies Army ever since, none of which as he conceives ought to be char­ged upon him however no otherwise then is provided by the Or­dinance.

The said Horses and Arms which he received as aforesaid though hee had beene bound to make them good, and they neither lost kil­led, or made away, the state could not expect he should pay so much mony for them as the said Committee valued them at, notwithstan­ding at the time when hee did receive them they had bin really worth so much; because so many thereof as hee shall deliver in againe in their kinde though lame, spoyled, or broake, or give accompt for be­ing [Page 6] lost in such a way as the Ordinance provides allowance, for the State is bound to accept of as made good in their owne sense.

Hee conceaves that such Horses and Armes received by him as aforesaid as are made worse in and by the service halfe in halfe more or lesse, and after that by accident dye, are lost, or made away in such manner as the said Ordinance provides not allowance for, he ought not to make good so much mony for them as at his first receipt ther­of they were valued at, or were truly worth, the state having had their service by which they doe become of little or no value.

Hee conceaves that the Parliament when they made that Ordi­nance binding every Captain to make good his Horses and Armes, intended and concluded to pay the Captaine and his Troope or company constantly, which ought in the first place to be performed before the other can bee expected, because by reason of their want of pay they cannot provide for and maintaine their Horses if they fall sicke, or lame, whereby they are disabled to keepe them alive and serviceable (and the like for the repaire of their Armyes and saddles which unavoidably occasioneth the losse of many Horses and Arms, which not being by his or his Souldiers default he, ought not as hee conceaves to be charged with them or pay for them.

If it be alleadged that the Captaine is to receive the Souldiers Arreares thereby to make good to himselfe the value of the Horses and Armes lost by the Souldier, and therefore ought to make them good to the State, hee answereth, that he conceaves that course to bee very unequall and will bee of ill consequence to the State, for there are very many Souldiers whose Horses, or Armes or both, doe dye, or are lamed, or otherwise spoyled that stay not a month in the Troope, yet may bee lesse, few so long as their Arreares will make good the value of them, and those that doe, yet would bee ill taken they should pay for their Horse and Armes which are worne out an [...] spent in the States service, And so by consequence he conceaves [...] will necessarily follow either the Captaine, or his Souldiers or both, must be discouraged and forced to desert the imployment, or in the conclusion be certainly undone.

Hee conceaveth that the Oath obliging the Committee of Ac­compts [Page 7] to deale faithfully in taking of accompts of the Kingdome relates only to the State, not to the Accomptant neither have they as yet any bounds set or rules given them for taking accompts of this kinde, his being the first of this nature, and the way to state the rest, therefore a reveiw of his said accompts according to such rules as may be given them, is (the foregoing reasons considered) most just and necessary all the souldiery under the Parliaments service be­ing a like concerned herein.

Hee hath diverse other reasons to offer to this Honourable Com­mittee for their further satisfaction, if it shall bee necessary, but for that they have not as yet thought fit to let him see or be acquainted with the reasons they have (as yet alleadged) receaved from the said Committee of Accompts for his being charged with his Horse, and Armes as is already set forth, and why those in his Troope so char­ged ought not to be accepted at the same values they are charged, as good payment, he (knowing they cannot be so powerfull for his de­fence) forbeareth to give any further reasons till they shall please to show him what is alleadged against him, which as yet is his undoub­ted right, so he hopes before they report their sense of this busines they will afford him, with convenient time for his answers thereto, that so the true state thereof may fully appeare to the Honourable House of Commons, to whose judgement thereupon he shall freely submit himselfe.