James Hayes 1637-1694

Samuel Pepys' Diary. 24th October 1666. I to the Hall and there walked long, among others talking with Mr. Hayes [aged 29], Prince Rupert's [aged 46] Secretary, a very ingenious man, and one, I think, fit to contract some friendship with. Here I staid late, walking to and again, hearing how the Parliament proceeds, which is mighty slowly in the settling of the money business, and great factions growing every day among them. I am told also how Holmes [aged 44] did last Sunday deliver in his articles to the King [aged 36] and Cabinet against [Sir Jeremy] Smith, and that Smith hath given in his answer, and lays his not accompanying the fleete to his pilot, who would not undertake to carry the ship further; which the pilot acknowledges. The thing is not accommodated, but only taken up, and both sides commanded to be quiet; but no peace like to be. The Duke of Albemarle [aged 57] is Smith's friend, and hath publiquely swore that he would never go to sea again unless Holmes's commission were taken from him¹. I find by Hayes that they did expect great glory in coming home in so good condition as they did with the fleete, and therefore I the less wonder that the Prince was distasted with my discourse the other day about the bad state of the fleete. But it pleases me to hear that he did expect great thanks, and lays the fault of the want of it upon the fire, which deadened everything, and the glory of his services. About seven at night home, and called my wife, and, it being moonshine, took her into the garden, and there layed open our condition as to our estate, and the danger of my having it [his money] all in the house at once, in case of any disorder or troubles in the State, and therefore resolved to remove part of it to Brampton [Map], and part some whither else, and part in my owne house, which is very necessary, and will tend to our safety, though I shall not think it safe out of my owne sight. So to the office, and then to supper and to bed.

Note 1. In the instructions given to Sir Thomas Clifford [aged 36] (August 5th, 1666) to be communicated to Prince Rupert and the Duke of Albemarle, we read: "to tell them that the complaint of Sir Jeremy Smith's misbehaviour in the late engagement being so universal, unless he have fully satisfied the generals he should be brought to trial by court-martial, and there purged or condemned". The Duke of Albemarle answered the King (August 14th?): "Wishes to clear a gallant man falsely accused, Sir Jeremiah Smith, who had more men killed and hurt, and his ship received more shot than any in the fleet. There is not a more spirited man serves in the fleet". On October 27th H. Muddiman wrote to Sir Edward Stradling: "Sir Jeremy Smith has got as much credit by his late examination as his enemies wished him disgrace, the King and Duke of York [aged 33] being fully satisfied of his valour in the engagement. It appears that he had 147 men killed and wounded, while the most eminent of his accusers had but two or three". With regard to Sir Jeremy's counter-charges, we read: "Nov. 3. The King having maturely considered the charges brought against Sir Rob. Holmes by Sir Jeremy Smith, finds no cause to suspect Sir Robert of cowardice in the fight with the Dutch of June 25 and 26, but thinks that on the night of the 26th he yielded too easily to the opinion of his pilot, without consulting those of the other ships, muzzled his ship, and thus obliged the squadron to do the same, and so the enemy, which might have been driven into the body of the King's fleet, then returning from the pursuit, was allowed to escape" (Calendar of State Papers, 1666-67, pp. 14, 40, 222, 236).