To the Honourable House of Commons in PARLIAMENT assembled. The humble Petition of Commisary Lionel Copley. SHOWETH; THat whereas upon a certificate from the Court of Accounts this honourable House was pleased to Order Your Petitioner forthwith to pay the sum therein expressed, which notwithstanding his willingness for their satisfaction (if his life lay upon it) h●e cannot possible in ready money do, most of his personal estate now lying in the hands of the State in his Arrears and otherwise, Now forasmuch as the said Committee, not having instructions (as he ●●●ce●●●●) what to allow 〈◊〉 disallow in Accounts of this nature (he being the first of this kind they have passed Accounts with) have thought fit to charge upon him all the Horses, Arms, and furniture of War he hath received from the State, for the raising and recruting of his Troop of Horse (no● in their service in his Excellency's Army) to the xxi. of M●rch 1643. and have valued them at 2033. 16: 0: as if he had bought them of the State, though there was no Ordinance Order of Parliament, or contract of his binding him to make them good, he n●t having any use thereof but for their service, which he is ready to resign and deliver up into what hands this Honourable House shall think fit. He therefore humbly prays this Honourable House, he may with thei● consent and fa●●r deliver up his said Troop of Horse, with the Arms and other furniture for War, as they are valued to him by the said Committee, and the same be accepted as payment which will surmount the said sum expressed upon the said certificate, beseeching this Honourable House he may then be received into their favour, and admitted (in what way they in their wisdoms shall think most equal to a review of his said accounts and his just exceptions received to the said certificate being well assured he shall clearly make appear there is a very great sum really due unto him. And your Petitioner shall ever humbly pray Lionel. Copley. Die Sabbathi 19 Octo. 1644. THe humble Petition of Commissary Copley was this day read in the House of Commons, and Ordered, that it be referred to the Committee formerly appointed for Commissary Coplies business, to state the desires of the Petition, and to report their opinions to the House. H. Elsing Cler: Parl: D. Com. Commisarie Copley, his reasons given into the Committee of the List for his Excellency's Army, why the Committee of Accounts ought not to have charged him with the horses and Arms he received for the raising and Recrute of his Troop at a value as his debt, yet if charged aught to be allowed at the same values by way of discount if not found to be by him imbesled or converted to his own use, and that those yet in his Troop or lost upon service since his account, aught to be accepted of as good payment, for so much as they are valued to him according to the desires of his Petition lately presented to the honourable house of Commons in this behalf, as also for a revenue of his Accounts. AT the first establishment of the Army that was not settled or declared that the Capt. should make good the Horses and Arms he received from the State for himself, Troop 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 account and looks only forward as by the same herewith showed doth appear. 2. He conceives that beyond all Example and precedent, and contrary to the Rules of War and common justice, that he should be charged to the value of 2000 pounds and upwards for his said horse and Arms, a year or two after his entertainment into and progress in the service of the Parliament, the e being no condition of his part, or so much as any proposal on theirs, whereby he could imagine that would be expected at his hands. 3. We raised and had before the battle of Newbury, eighty six horses for his Troop, as by his accounts given into the said Committee upon his Oath herewith showed doth appear, 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 person by any Committee or person whatsoever, whereby the State can be charged with one penny for them, neither could they, (had he not charged himself) have charged him upon any account therewith. 4. The Committee of Accounts (without any just ground as he conceives) thought fit upon an Account of their own making up to charge him withal the said horses at ten pound per horse, which he conceives they could not properly nor rightly do for that they are unacquainted in that way, and not employed for that end, but principally for that they never saw any of them, it being divers Months 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 forty in the battle as he hath proved before this honourable Committee, two only of them being converted to his own use which he made good to the State as by the said Account herewith showed doth appear. 6. He received for the Recrewt of his said Troop since Newbury battle in horses and money to buy horses with, at ten pound a horse, eighty six more with which as with the former to a hoof he charged himself upon his said Account expressing upon his oath each man's name who had them being of his Troop forty two, whereof he received since the said Ordinance which are not charged upon him by the said account 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 Arms at a prize as his debt, nor how they had made up the said account 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 unless some few which shortly died or was utterly unserviceable were mustered in his said Troop the 20th. of May 1644. which then consisted of eighty four state horses, forty two whereof are part of those charged upon him by the said ●●co●n● at 10● per horse as by the Muster Roll at tested by Sir Edward Dodsworth herewith showed doth appear, which said Troop of horse now is and ever since hath been upon service in his Excellency's 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 penny, twenty three whereof were not worth above six pound per horse, one with another, none of all which were ever seen by the said Committee nor aught as he conceives to be charged upon him however so otherwise then the ordinance provides for. The said horses received 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 own particular, with which he charged himself upon his said account upon the same prizes they cost the State. All the Arms, Pistols, Saddles and their furniture whatsoever which he hath received both before and since the Account and Ordinance to this day, unless twelve Saddles and six Backs, Breasts and Pots are to abridle charged upon him at several prizes, by the said Account, and one hundred pound part of the price of the said Saddles also part whereof were lost upon service and otherways as the horses were before and at the battle of Newbury, three Pistols and few or no Arms being brought of that day, And the residue received since the battle of Newbury they were delivered to his Officers and Troops mustered the 20th. of May aforesaid who were armed and have served therewith in his Excellency's Army ever since, none of which as he conceives aught to be charged upon him however not otherwise then is provided by the Ordinance. The said Horses and Arms which he received as aforesaid though he had been bound to make them good, and they neither lost killed, or made away, the state could not expect he should pay so much money for them as the said Committee valued them at, notwithstanding at the time when he did receive them they had been really worth so much; because so many thereof as he shall deliver in again in their kind though lame, spoilt, or broke, or give account for being lost in such a way as the Ordinance provides allowance, for the State is bound to accept of as made good in their own sense. He conceives that such Horses and Arms received by him as aforesaid as are made worse in and by the service half in half more or less, and after that by accident die, are lost, or made away in such manner as the said Ordinance provides not allowance for, he ought not to make good so much money for them as at his first receipt thereof they were valued at, or were truly worth, the state having had their service by which they do become of little or no value. He conceives that the Parliament when they made that Ordinance binding every Captain to make good his Horses and Arms, intended and concluded to pay the Captain and his Troop or company constantly, which ought in the first place to be performed before the other can be expected, because by reason of their want of pay they cannot provide for and maintain their Horses if they fall sick, or lame, whereby they are disabled to keep them alive and serviceable (and the like for the repair of their Armies and saddles which unavoidably occasioneth the loss of many Horses and Arms, which not being by his or his Soldier's default he, ought not as he conceives to be charged with them or pay for them. If it be alleged that the Captain is to receive the Soldier's Arrears thereby to make good to himself the value of the Horses and Arms lost by the Soldier, and therefore aught to make them good to the State, he answereth, that he conceives that course to be very unequal and will be of ill consequence to the State, for there are very many Soldiers whose Horses, or Arms or both, do die, or are lamed, or otherwise spoilt that stay not a month in the Troop, yet may be less, few so long as their Arrears will make good the value of them, and those that do, yet would be ill taken they should pay for their Horse and Arms which are worn out an● spent in the State's service, And so by consequence he conceives 〈◊〉 will necessarily follow either the Captain, or his Soldiers or both, must be discouraged and forced to desert the employment, or in the conclusion be certainly undone. He conceaveth that the Oath obliging the Committee of Accounts to deal faithfully in taking of accounts of the Kingdom relates only to the State, not to the Accountant neither have they as yet any bounds set or rules given them for taking accounts of this kind, his being the first of this nature, and the way to state the rest, therefore a reveiw of his said accounts according to such rules as may be given them, is (the foregoing reasons considered) most just and necessary all the soldiery under the Parliaments service being a like concerned herein. He hath divers other reasons to offer to this Honourable Committee for their further satisfaction, if it shall be 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 alleged) received from the said Committee of Accounts for his being charged with his Horse, and Arms as is already set forth, and why those in his Troop so charged ought not to be accepted at the same values they are charged, as good payment, he (knowing they cannot be so powerful for his defence) forbeareth to give any further reasons till they shall please to show him what is alleged against him, which as yet is his undoubted right, so he hopes before they report their sense of this business they will afford him, with convenient time for his answers thereto, that so the true state thereof may fully appear to the Honourable House of Commons, to whose judgement thereupon he shall freely submit himself. Lionel Copley. FJNIS