THAT whereas I sometime before the Revolution, being imployed to furnis [...] several Particulars to the Castle, and Garison of Stirling; And for that effect, I having entered into a Contract with the then Cashkeeper, conde­scending upon the Particulars that were to be furnished: And accordingly I having furnished the Particulars, and wrought the Work, conform to the Contract; And obtained Receipts & Declarations, from the several Persons that had the o­versight of the Work; And having applyed to the Lords of Theasurie for Payment, And the Instructions being given in, and the Accounts fitted and found to be sufficient­ly instructed, conform to Contract. It was approven, and my Payment was Or­dered and I received payment accordingly; And I being thereafter imployed to work some Work, and furnish several things to the Garison of Inverlochie, and Others; And having applyed to the Lords of Theasurie for payment of my Account, Mr. Alexan­der Higgins who is no wayes concerned in the Affair, but only out of meer Splein and Malice against me, which he did most groundlesly take up, upon the account of an Action at Law, depending betwixt him and me, Gave in a most calluminous and false Information to the Lords of [...] again [...] me, as if I had gotten allowance and Payment from the Lords of Theasurie of certain Articles, albeit the samen had not been truly furnished, or for more then was wrought and furnished, which was done of design to stop my Payment of the Work which I had wrought, subsequent to the said Allowance and Approbation, and the Lords of Theasurie were pleased so far to Indulge Mr. Higgins as that without laying the Account open, which had been fitted closed and ap­proven, allowed him to adduce Witness for proving of the points upon which he had infor­med: And accordingly he adduced a number of Witnesses; And I was likewise allowed to adduced some Witnesses, which did fully clear the whole matter: And it being made appear to the Lords of Theasurie, that Mr Higgins Information was absolutly calum­nious, they proceeded no farder in the affair: But Mr. Heggins still continuing in his implacable malice against me, without any shaddow of reason, he did apply to the Parliament to take Cognition of the said matter; And it being Remitted to the Com­mitte for private affairs, and I was most willing to have cleared the whole matter be­fore the Committee: But Mr. Higgins, as he has usually done before, still tergiversed, postponed and delayed the affairs; And yet he has now the confidence to give in a Pe­ti [...]ion to the Parliament, representing the same things, that he had formerly informed the Lords of Theasurie and Committee for privat affairs, that many of the Articles whereof I had gotten allowance and payment were stated the Triple or Quadruple beyond the true weight, and that there was 800 Stone of new Iron of several particu­lars given in the account, which are not Extant; And that I had carried these parti­culars away after they were wrought, and brought them home for my own use, and [Page 2]that the Witnesses whom I had adduced for clearing of the matter, had contradicted themselves in their Testimonies, and that my other accounts in relation to Inver­lochie, Castle of Edinburgh, Palace of Holyrood-house, and other places are not attested, at least some of them are attested by persons who are not Authorised for that effect.

As to which it is Answered, That what is represented in Mr. Higgins Petition, is absolutely false from the Beginning to the Ending. For Fir [...]t, As to all the Work wrought, and Particulars furnished to Stirling Castle, the samen was duely instructed before the Lords of Theasurie, and allowed and approven conform to the Instructions then given in, and my Payment Ordered, and I received payment accordingly; And it was hardly ever heard of, That after any person was imployed by the Publict, to work any Work, and to furnish Particulars for the samen, and that after he had given in his Accounts, and obtained the samen to be allowed, and gotten payment, That he could be obleidged again to subject himself to a new Account.

2 do. Albeit I needed to say no more, but to oppone my fitted Accompt and Appro­bation, which as to me, is a full and ample Exhonoration; Yet I was content that the Committee should consider the Depositions of the Witnesses adduced be Mr. Higgins; Which are no wayes probative, for all that they Declare, is. That they did only see such and such Particulars in the Castle of Stirling, and that several years after the Work was wrought; But it does not follow, That there was not more Particulars furnished, and Work wrought at the time, So that all the Probation that Mr. Higgins adduces, does not so much as amount to a negative Probation, and upon the Matter, This is no Probation at all, Next, even as to the Particulars they depone upon, there is no concurring Testimonies:

3 tio. As the Instructiones produced be me before the Lords of Theasurie, did clear­ly instruct my Accompt; And which was approven, and Payment made accordingly, And that the Probation adduced by Mr. Higgins proves nothing at all, for redar­guing of that Accompt, so that I was absolutely secured upon both these con­siderations; Yet e [...] super abundanti, and which was more than in Law I was obleidged to do; But only to shew how grosly calumnious Master Higgins is in his Information (For which he ought to be severly censured, First, For offering to Impose upon the Lords of Theasurie, and next upon the Honourable Estates of Parliament) I have adduced two of Mr. Higgins own Witnesses, who do fully clear that all the particulars of my account given in to the Lords of Theasurie, and which is [...] furnished and delivered into the persons who was allowed to receive them by the publict, conform to my ac­count, and that there was nothing brought be me from the Castle of Stirling to my own House, but the workmens Tools, and such matterials, as left of the work, and which properly was my own; So that there was never a more false and callumnious Infor­mation given, than what Mr. Higgins has offered to inform against me, and there is no man that had any sense of their Credit and Reputation would have offered to have given such a false Information as Mr. Heggins has done.

4 to. It is likewise most false, that these Witnesses adduced by me, did contradict their former testimonies, for first they being Mr. Higgins his own Witnesses, he could not object against them; Next the depositions were most clear and consistent, only Mr. Higgins did omit to interrogate them upon several particulars of purpose to keep things in the dark: But thereafter when they were adduced by me, and interrogat upon particular interrogators; They fully cleared the whole matter, and their Testimo­nies did agree with my accoumpt; But because they clearly redargue Mr. Higgins callum­nious information, therefore he contends they have contradicted themselves.

5 to. As to the Account of the particulars, in relation to Inverlochie Castle of Edin­burgh, and Abbay of Holy Road-House, which was furnished by me since the Revolution. It is absurd and Rediculous for Mr. Haggins to quarrel these accounts, either before the Lords of Thesaurie or Parliament, for these accounts are not yet fitted and closed, but ly open before the Lords of Theasurie; And if I cannot sufficiently instruct the sad men before the Lords of Theasurie, the loss will be my own, and Mr. Haggins is n [...]t concerned in it, but all that he designes is, That upon his Calumnious Information [Page 3]he may keep the Action depending against me in relation to preceeding accounts, which are long since fitted and closed of purpose to hinder me to get payment of the last account, before the action take effect as to preceeding accounts; And seeing it is now clearly made appear from what is already said, that Mr. Haggins Information gi­ven in against me, is not also absolutely irrelevant and groundless, but most grosly false and Calumnious.

It is therefore humbly craved, That his Grace, His Majesties High Com­missioner, and the Honourable Estates of Parliament, may be pleased to take the Premisses to their Consideration, and to recommend to the Committee for privat affairs, That they may proceed in the said mat­ter; and prepare a Report to the Parliament, with all the diligence that can be, to the effect that Mr. Haggins Information being so ground­less and callumnious as it is, I may have recourse to the Lords of Thea­surie for payment of my subsequent Accompts, or if the Committee for Pri­vat Affairs cannot get that matter dispatcht this Session of Parliament, in respect of the many business that are depending before them, that the Parliament may be pleased to remit the said Action to the Lords of Theasurie and Exchequer to be determined by them. And that in res­pect Mr. Haggins Information is so calumnious, he may be ordained to find Caution in eventu, to refound me a large summ for my Expenses; And also seing I can make it appear that he has been endeavouring to suborn Witnesses against me which is a falshood; And also that he has granted Double Rights to several parties, which be the 105 Act, Par: 7 Ja: 5th. Is declared to be punishable with infamie, and otherwayes at the Kings will, and be the 142 Act. Par: 12 Ja: 6th. It is declared to be punished as crimen stellionatus, and that he may be remitted to the Lords of Justiciarie to be pursued for these Crimes, And Your Petitioner shall ever pray, &c.