THE Regiment of Colonel John Foulke, 1692 in which the said Petitioner had a Company, was Ordered to the West Indies: And the Petitioner, by Order of his Colonel (for the Service of the said Regiment) was sent on Shore, and by accident left behind when the Fleet sailed from Cowes.

That the Petitioner endeavoured to have sailed with the said Fleet, by Marching some Men from Salisbury to Southampton, Eighteen Miles one Morning by Eleven of the Clock (the Tide being contrary) was kept there till Three of the Clock, and as soon as the Tide served the Peti­tioner did go to Cowes, and the Fleet was then Sailed out of sight; afterwards the Petitioner went to Portsmouth, and after to Cowes, where he engaged the Resolution Privateer to carry him to Ply­mouth to have gained the Fleet, but could not; his Baggage was in the Fleet, and the Petitioner never left the Sea Coast till he sailed after, in hopes to find them.

That before the Petitioner arrived at Barbadoes and the Leeward Islands, the Fleet which Con­voyed the said Regiment was Sailed from them; whereupon the Petitioner Imbarqued for Eng­land again: And in September, 1693. in his return was Wounded, and taken Prisoner into France.

The Petitioner in December, 1693. arrived in England, and found his Company at Salisbury, in the same Condition it Arriv'd from the Indies, which then consisted only of Twenty three Men, Sergeants, &c. included; only his Ensign had Listed Two Men, which the Petitioner paid him for: Nor were any of the Companies in the said Regiment then Recruited.

Colonel Foulke being Dead, Colonel Lillingston came to have the Command of the same Re­giment.

That the said Colonel having said, (and probably may do) that he lay under a necessity to Recruit the Petitioner's Company, by reason of his inability; forceth the Petitioner to inform this House, that he can make it appear, (was it material) that to the same Regiment, whilst Sir John Guise and Colonel Foulke had the Command of it, before it went into Ireland, the Pe­titioner Raised above Two Hundred Men; and after it came from Ireland, and the said West India Voyage, a considerable Number; and a Company in Colonel Brudenel's late Regiment, in 1696.

That the Petitioner Raised Men, and Mustered with his Company at Salisbury for the Months of January and February, ( viz. Three Sergeants, Three Corporals, Two Drums, and Twenty five Private Soldiers, as by the Muster-Roll may appear: After this Muster, about the beginning of February, the said Colonel Lillingston Ordered Seventeen Men from Two other Companies to the Petitioners Company, being then to do Duty at Plymouth. The said Colonel Ordered Pay only for the Effective Men till the Fourteenth of February; by which time the Petitioner had Rais'd to make his Company near full: And the Money he paid for Advance or Subsisting the Men he Rai­sed before that time, was out of his own Pocket.

That by the First of March 1694, the Petitioners Company was full (as by the Muster-Roll may appear) within One Man, and that Rais'd by the Petitioner soon after: Which Company was Compleated thus.

• Come back from the West Indies 23
• The Colonel added 17
• The Petitioner Raised 23

63. The Complement of a Full Company.

The Petitioner was also at the Charge of taking Two Men who Deserted the Regiment, and were never Mustered by him; which Two Men Colonel Lillingston took from him, without any allowance to the Petitioner.

That the said Colonel Lillingston, or Mr. Thurston, the Agent to the said Regiment, (as the Pe­titioner most humbly conceives) do unjustly detain from him the Accounts of his Company, from the First of October, 1693. to the Fourteenth of February following, which is the time the Petitioner should receive some advantage by it, towards the great expence of Raising Men, Buying and Fix­ing Arms, and all other Necessaries to make good a shatter'd Company. And also the said Colonel or Agent do unjustly detain other Sums of Money out of other Accounts since the Four­teenth of February.

The Sums which the Colonel or Agent detain, are in all about 160 l. out of which (to the best of the Petitioners knowledge) there is no just Charge (except what shall be thought fit to allow the said Colonel for the aforesaid Seventeen Men) and he having Two from the Petitioner, as afore­said, remains due to him but for Fifteen. However, if the Petitioner may have the Accounts of his Company, which is his Right, as by an Act of Parliament in the Fourth and Fifth of K. William and Q. Mary, Intituled, An Act for Punishing Officers, &c. he never refuseth any just Charge.

And the Petitioner Appeals to the Honour of all the General Officers in this House, if it be not Customary when they have had occasion to put Men to a Company, or some Officers to Raise for others, to Charge so much per Man.

That the Petitioner's Refusing to Sign a Discharge in full to Agent Thurston, is the Reason the Pe­titioner is Deprived of his Half Pay.

The Petitioner humbly Prays, That Col. Lillingston, or his Agent may deliver your Petitioner his Ac­counts, and Pay to him his Due. And that your Petitioner may be restored to his Half Pay.