1699  
Col. Michelburne's CASE   

THE CASE OF Col. John Michelburne, Late Governor of Londonderry; AND THE REGIMENT than under his Command.  
THE Eminent and Acceptable Service performed to the Crown of England, in that vigorous and gallant Defence of the City of Londonderry, during the Siege which was begun by the Irish in the Year 1689, is so well known, that it will need not further Recommendation here, than to show the Opinion which the best of Judges had thereof, even the King Himself; as may appear by that most Gracious Letter which He was pleased to sand to the Governors, immediately after the Raising of the Siege: The Copy whereof follows.  
WILLIAM REX, 
 TRusty and Wellbeloved, We greet you well:  
The eminent and extraordinary Service you have performed to Us and Our Kingdoms in general, by your late resolute and unparallelled Defence of that Our City of Londonderry, as it doth oblige us in the first place to an humble Acknowledgement to Almighty God for his signal Mercies in supporting the Hearts and Courage of our good Subjects, amongst those great and various Distresses, arising from a furious Opposition without, and yet a more pressing Necessity within those Walls, and sending them at last Deliverance, and bringing them by your Conduct to triumph over their Enemies, which we cannot but attribute to an immediate Divine Assistance, inspiring them with a Zeal for the True Religion, a Love for their Country, and an unshaken Fidelity towards us; and must ever own it as a continuance of that Miraculous Providence, which has hitherto conducted us throughout in our Endeavours to re-settle these Nations in all their Civil and Religious Rights and Liberties: So, in the next place, taking into Our serious Consideration, as well the Importance of this Success, as the Constancy and Bravery by which it has been brought to pass; We will not omit signifying to You the just sense We have of the whole Action; in which having the greatest Opportunity that can be put into your hands of any Subjects of obliging their Prince, You have in all Points acquitted yourselves to Our satisfaction, even beyond what could be expected: Insomuch, that it now lies on Our part to make such Retribution, as well to You, the Commanders in Chief, who have been the happy Instruments, under God, of this Deliverance; as others, who have signalised their Loyalty, Courage, and Patience in this time of Trial; that all Our Subjects being encouraged by this Example, may be stirred up to the Imitation of it in the like Hazardous, but Honourable Erterprises: We Will therefore, that you rely on Our Royal Favour towards You; as also, that in Our Name, you assure the Officers, Soldiers and Inhabitants of that City, that We will take a fitting Occasion to recompense their Sufferings and Services in Our Cause: So that neither they, nor any other of Our Loving Subjects, shall ever have reason to repent them of a Faithful discharge of their Duty. And so We bid you farewell.  
Given at Our Court at Hampton-Court this 16th Day of August, 1689. Shrewsbury.  
To George Walker, and John Michelburne, Esquires, Governors of Londonderry.  
Yet notwithstanding that His Majesty had so largely expressed His Gracious Acceptance of this Service; upon the Stating of the Accounts of the Army in Ireland (which now lies before the Parliament) the said Colonel Michelburne and Regiment, are not brought into Pay till January following, which was the Year 1690, which excludes them 10 Months and 25 Days short of the rest of the Forces; notwithstanding they received Commissions, Mustered, and did Duty equal with the rest of the Army: And what Money, Clotheses and Provisions they received in the Year 1689, was stopped from them out of their Pay in the Year following; because (as they were told) they were not put upon the Establishment till that time: And that this may appear beyond contradiction, we have thought fit to insert the Copy of a Report, upon the Petition of Colonel Michelburne, referred to a Committee of the Honourable House of Commons, in the Year 1698.  
UPon Examination of the Matter contained in Colonel Michelburne's Petition; It doth appear to this Committee, by a Commission under His Majesty's Hand (when Prince of Orange) bearing date the 5th Day of February 1688, That the said Colonel Michelburne was thereby appointed Mayor of a Regiment Commanded by Colonel Sheffinton; with which Regiment the said Colonel Michelburne marched into the Town of Londonderry in April before the late Siege, where he continued with his Regiment in Defence of the Place till the Death of Colonel Baker, which happened about the middle of June, when Colonel Michelburne was chosen by the whole Garrison Governor and Commander in Chief with Dr. Walker; the said Colonel Michelburne performing all the Duty during all the Difficulties of the Siege, having all the Charge of the Military part; and, by God's Blessing and Assistance, defended the City to the last Extremity, until happily relieved with Provisions by Major-General Kirke: Upon which the Enemy raised their Siege, burnt their Camp, and marched of.  
That upon Major-General Kirke's coming into the Town, the said Colonel drew out the Garrison, when the said Major-General did Muster the said Colonel Michelburne's Regiment upon View, and gave him a Commission, dated the 3d Day of August 1689, to be sole Governor of the said City, and Colonel of the said Regiment.  
And it further appeared to this Committee, by His Majesty's Royal Letter under His Sign-Manual, dated the 6th of August 1689, Countersigned, Shrewsbury, and Directed to George Walker and John Michelburne, Esquires, Governors of Londonderry; Graciously acknowledging the Eminent and Extraordinary Services performed by them (as His Majesty was pleased to Express it) in the resolute and unparallelled Defence of the said Town; and therein promising a just Retribution, as well to the Commanders in Chief, who had been the happy Instruments, under God, of that Deliverance, as others, who Signalised their Loyalty, Courage, and Patience in that time of Trial; and that His Majesty would Recompense their said Service and Sufferings.  
And it further appeared to this Committee, That the said Colonel with his Regiment in February 1689, by the Command of Duke Schonberg, did join the Army, and was posted upon the Frontiers, and hath continued in His Majesty's Service till the 4th of April last passed, when they were Disbanded in Ireland.  
And it further appeared, That His Majesty was Graciously pleased by his Commission dated the 11th Day of August 1690, to confirm the said Colonel Michelburne the Command of Colonel of the said Regiment, with a Clause in the said Commission, To take place, as if the said Commission bore date the 10th Day of March 1688.  
It also further appeared to the Committee, by an Account Signed by Mr. Pansford, Deputy to Mr. Fox, Paymaster-General of Ireland, That there remained due to Colonel Michelburne and his Regiment for their Pay, from the First of January 1689, 16028 l. 18 s. Out of which Sum there aught to be deducted as paid to the said Colonel for the Use of his Regiment at three several Payments, before they were upon the English Establishment, 1078 l. 19 s. 6 d. as is certified by Mr. Abbott, than the Deputy to Mr. Harboured, late Paymaster-General of His Majesty's Forces in Ireland; so that there remains due to the said Regiment on this Foot 14949 l. 18 s. 6 d.  
There also remains due to the said Colonel Michelburne for his Pay, as Governor of Londonderry, at 20 s. per Diem, during the time he Commanded there, 992 l.  
And the said Colonel Michelburne delivered in a List of the Officers of his said Regiment, which is hereunto annexed.  
Upon which Report the Honourable House of Commons were pleased to Address His Majesty on his behalf; but being still wanting of their Pay, he is enforced to make this further Application; in which he asks no more, but that he may be put upon equal Terms with the rest of the Army; whereas he and his Regiment have not yet received any Pay (excepting the abovementioned 1078 l. 19 s. 6 d.) for Ten Months and Twentyfive Days, in which that Remarkable Defence of Derry is comprehended: And therefore he hopes it may be thought but just, That as much Regard should be had to this Debt, as to any other Arrears of the Army, since the Service performed for it hath been esteemed of as great Consequence to the Nation, as any thing else that hath been done during the War, by those that received their Pay in due time.  
It may further be offered in behalf of Colonel Michelburne, That 'twas the continuing in his Post, and not leaving it at a time when the Service required his Attendance, that brought him under this inconvenience and loss: For who can doubt, but that if he had come for England with Dr. Walker, he had been at lest as well entitled to a Reward for his Services as the Doctor; upon whom His Majesty most bountifully bestowed 5000 l. and also might have procured his Regiment to have been than put upon the Establishment, and have received their Pay in order as well as others? But indeed it hath not only been his misfortune to have received no Reward, but even the Government of Derry, in which he had been Commissioned, was procured over his head by a Gentleman that had the opportunity of making Application for it in England, while he was prosecuting the Service of Ireland. And notwithstanding he had arrived to the Post of being the Elder Colonel (next the General Officers) of the whole Army in Ireland, yet he was one of the first that was reduced in the Disbanding the Forces there.