Unto the right Honourable, the Lords of His Majesties most Honourable Privy Council, The PETITION of Sir John Hill late Collonel of the Regiment at Fort-William.
Humbly sheweth,
THat whereas Captain Allan Catheart, Captain James Menȝies, and Captain Thomas Hamilton, Officers in your Petitioners late Regiment, having presented a Petition to the Lords of his Majesties Privy Council, alledging that I, my Lieutenant Collonel and John Forbes my Factor, had detained in their hands a considerable part of the saids Captains their pay unaccounted for, pointing at the several Sums received by the Lieutenant Collonel, for defraying the Expences of his several journeys to London in the Regiments Service, and that he had benefited himself by the saids journeys, and did little or no service to the Regiment. And they also crave that John Forbes may be ordained to produce the Compt Books and Bills of the Regiment, all which matter your Lordships has remitted to a Committee to hear both parties Procurators, and to report. Your Petitioner with all humility, begs leave to represent how groundless this Complaint is, and also to State the true steps of my Administration of the Regiments Affair, as follows.
1. Your Petitioner established Mr. Forbes as his Factor for uplifting the Regiments pay from the general Receivers, and to remit the same either in specie. or to answer such Bills, as I, or any I should impower, to draw upon him from Invernese or else where, and which Money, either remitted by Bill or otherways, was always given to these appointed to pay out of the Weekly pay of the respective. Companies of the Regiment, lying in Garison at Fort-William or else where, and the said Mr. Forbes came up from Edinburgh to Fort William, sometimes twice, and always once every year, and compted fully and fairly for his Intromissions, and delivered to the commanding Officer of each Company a stated accompt of Charge and Discharge, and delivered to them a Credential or Receipt under their own hands of the Article that was payed out by him, and Mr. Corsbie and John Grant who were the dispensers of the Money remitted in manner foresaid to the Garison and Pay masters of the Weekly pay of the whole Companies of the Regiment. Compted also for their Intromissions at the said time: and produced their Books, wherein were insert a Receipt, either by the commanding Officer of each Company himself, or by those they authorized to uplift their Companies pay Weekly, for every Article stated in their Discharge, and the foresaids receipts were immediatly after perusal, and Examination cancelled by the Officers themselves, lest they should be probative against them at the next compting, whereupon Compting being so fairly stated, Receipt delivered up, Bookscancelled as said is, the said Mr. Forbes obtained a full and ample Discharge from the commanding Officer of each Company, o [...] their own Companies, and subalterns full pay, discharging him and all others of all Accompts preceeding the dates of the saids respective Discharges, which Discharges the said Mr. Forbes reported to me, and at the same time made up the Accompts of the Cloathing, and it any ballance was, the same by my order was delivered in to the Pay-master for Subsisting the Regiment, till more Money should come up, and for defraying the Expences of the Emergencies and Exigencies of the Regiment, and after perusal of the foresaid Discharges and Examination of the Cloathing Accompts, being all verified by instructions and credentials uncontestable, I accordingly gave to the said Mr. Forbes his full and ample Dicharge with a clause of Registration, Discharging him and all others of their Intromissions, preceeding the date of the said Discharge, and all the Captains of the Regiment at every Compting received stated Abstracts of all their Pay by way of principal [Page 2]and Additional Accompt, which was payed to them by Mr. Forbes and the Pay-ma [...] at the Garison, which Accompts if they will but produce before your Lordships, ye [...] not only easiely perceive how unjust the Complainers are, but also that every Office [...] the Regiment has received all the King allows them, by the establishment, and not sixpence detained from them for any contigencie of the Regiments Expences whatsoeue [...] So that it surprizes your Petitioner, how any Complaint should be sustained, after solemn a way of Transacting matters by Compt and reckoning, and Discharges.
2. Your Petitioner as being Collonel to the Regiment, had the undoubted and ab [...] lute Right of disposing of the Retention-Money; not only for the Cloathing, but fo [...] ther necessary uses in relation to the Regiment; for by the constant practice of [...] Scots Forces abroad and at home, and by His Majesties special Decisions, if any Col [...] el keep his Regiment in good order, well Mounted with all necessar Abuilȝiments fo [...] Souldier whatsomever; If by the Collonels care and Industery, any thing be saved [...] the Cloathing Money, it belonged to the Collonel as his just perquisit, and an Rew [...] for his extraordinary care and Diligence, and Conduct in his Regiments Affairs, and defraying the contingent Expense the Collonels are usually at, in Supporting the C [...] cerns and Interest of the Regiments: And it's very well known both by my Officers a [...] others, that no Regiment in His Majesties Service upon the Scots Establishment, (without derogation to one or other) was better Mounted, and appointed than my Regiment always was upn all occasions not so much as Combs to their Heads and Buckles their Shoes, but I provided them with, and looked after the Wellfare of the Souldiers if they had been my Children; and within eight Months of the Regiments Disbanding, Cloathed all of them with double Mounting, to wit, each Souldier with a new p [...] Coat, red Coat, two Linen Shirts, a pair of Bretches, Shoes and Stockings, with ne [...] Buff [...]belts, and Baginots and Patterntashes, and new Capes: And each Sergeant with new Scarlet Coat mounted with Gilded Buttons, and broad Gold Lace and other Furniture conform; and after I had certain knowledge that the Regiment was to be Disbanded, I payed out 80 lib. sterling for Cravates which I gave to my Officers to divide amongst the Souldiers to Incourage them, that if His Majestie should after yard have occasion for them, they might the more willingly and readily Ingage in the Service: S [...] that it appears not, by what Title the Complainers can pretend to the Remains of th [...] Cloathing Money, if any were, that pertains of right to me as said is.
3. Your Petitioner can boldly affirm that there was never any Collonel in my circumstances more open handed and Liberal, both to the Officers and Souldiers than I was, i [...] regard that of-times when there was any thing saved in the Cloathing Money; I complemented my Officers, in so far as, that at one time I bestowed for 40 beaten silver Husk [...] or Collars, and as many Silken Sashes which cost upwards of 1000 Crowns: And also at another time I bestowed on my Sergeants, 26 Silver beaten hilted Swords, with Buff [...] belts and large Silver Buckles which cost about 7 lib. sterling per price, besides several considerable Gratifications in Money bestowed on my saids Officers as I thought they best deserved, and nothing thereof they ever did, or could acclaim as their Right; but I could have kept all in my own Pocket, and by which Acts of Liberality, I have Enriched my Officers, and Impoverished my self. And have also defrayed all the incident Charges that happened to befall the Regiment without exacting one Sixpence from my Officers, although I could have made them pay a part thereof if I had so pleased, even out of their own personal Pay, a great deal of it having been expended at their importunity, and for their designed and endeavoured good, and I cannot think that these my Deeds of Liberality, and Destributions on such special considerations entitles the Complainers to challenge an Interest in the Remains of the Retention (if any were) whether I will or not, or otherways than as I was pleased to distribute the same.
And your Petitioner craves leave to be so just to lieutenant Collonel Forbes as to acknowledge, that the Money I gave him was for going five or six several times to London, and Flanders the Regiments errands; and doing the Regiment some very good offices, although [...] his last journey his endeavours failed him, and some of which expences and errands, the Collonel humbly offers the following Accompt.
1. In the year 1692, Lieutenant Collonel Forbes then Major to the Regiment, was se [...]t to London to represent the circumstances of the Regiment and Garison of Fort-William and particularly that they had not a Minister to Preach the Gospel, and that the Establishment of the Regiment wanting a Gunner and Matrosses wherefore I was necessitate [Page 3]to apply the pay allotted for the Minister, To pay the Gunner and two Mattrosses seing at that time the Clannes that were in Armes against the Government were not reduced, and the Garison was invironed with Enemies on all hanos. And also to represent that the Poor Soldiers were in straits through the want of Bed-cloths, and Fyring for the Guards and Drugs for use of the Soldiers, in which Journey the Lieutanant-Colonel was successful, and procured His Majesties most Gracious Letter to the Thesaury anent the saids matters; As also obtained an Addition of the Gunners Pay, to the Establishment at the rate of five sh. sterl per diem. And also 150 lib. sterl. per Annum, to buy Bed-Cloths to the Poor Soldiers; As also 100 lib. stirl. to buy Fyring, and 30 lib. to buy Drugs per Annum, in all time coming, during the standing of the Regiment. And for which Journey, and so good Services, I only gave to my Lieutenant-Colonel 160 lib. sterl. But he declared he spent 100 lib. sterl more of his proper Money, and no part of the 160 lib sterl. came out of any of my Officers Pockets, but out of the Cloathing-Money.
2. In the Year 1694, the Regiment laboured under great hardship, especially the Poor Soldiers, because of the Dearth of all Liquors, by reason of the heavy Excise, payed by the Brewers to Sir Thomas Kennedy, Tackimen of the Annexed Excise, and to Adam Gordon of Additional Excise, and to their Subtacksmen, so that a poor Soldier could not get a Pint of Ale under a Groat, and three shilling the worst, which occasioned the poor Soldiers to drink the Water of the Place, which is truly either Brickish or Mossie, and unwholsome, whereby they contracted Fluxes and Scurvies, whereof many [...]yed, so that I Commissioned my Lieutenant-Colonel to go to London; because I could not leave the Garison my self, to represent the hard circumstances of the Soldiers and he accordingly went, and upon Audience of his Sacred Majesty, obtained his Majesties Letter, not only to exeem the Garison of Fort William, from payment of any Excise in all time coming, and to keep it out of all subsequent Tacks, but granted Warrand to the Lords of the Thesaury to give Abatement to the Principal Tacksmen of the Excise of 90 lib. sterling for that current Year, as the Copy of the Kings Letter. Dated the Day of February 1695 doth ver [...]e, with all which the Lords of the Thesaurie having complyed the 90 lib. sterling was refounded, and the Garison freed from Excise thereafter. As also about the said time the Fonds for the Armies Pay falling short, the Lords of Thesaury did reduce the Regiment to half Pay, wherewith it had been impossible for them to subsist; so that I was necessitate to cause my Lieutenant-Colonel to stay at Couer, to represent the Difficulties the Regiment would [...]ly under, if so dealt with, anent which his Majesty was also graciously pleased to hear him fully: and although the Lieutenant Collonel met with much Opposition, some of the Collonels of the Scots Forces being then at Court, and insinuating that the Garisons Difficulties was not so great as was represented, only of purpose to disappoint them of their Pretences, because it was certain, the better and more Pay that Regiment got, though in contemplation of its hard circumstances, the rest of the Army would get less and worse pay; yet after all. His Majesty was graciously pleased to take the Regiments case to his Consideration, and Ordain the Lords of Thesaury to make distinction in the payment, betwixt my Regiment [...]nd the rest of the Forces, and to pay the Regiment as formerly; as the Copy of his Ma [...]esties Letter dated the 28 of February 1694, doth more fully narrate; and the Expense of this so long & laborious an Expedition being exchange & all 410 lib sterling was also payed out of the Cloathing-money, and no part thereof came out of the Officers Pockets although they were all benefited thereby, not only by having hail pay in place of half pay; but likewise both Officers and Souldiers, had the drinking their Liquors Excise free, and better and [...]heaper. And the said 410 lib. sterling being but the Lientenant Collonels neat Expen [...]es, I leave it to any thinking person, if he deserved not a Gratification beside.
3. In the year 1695, the Lieutenant Collonel, and one Captain Farquhar in the Collonels Regiment, went from the Garison to London, and from that to Flanders, and served as Volunteers at the Siege of Namure and returned from Flanders by way of London, where the Lieutenant Collonel did the Regiment Service; and that Campaigne cost him at least is he declares, 500 lib. sterling before he returned to Scotland, but no man can say that he demanded any thing for his Service done to the Regiment at that time, and therefore I bare making mention of it.
4. In the year 1697, when the Peace was concluding, the Officers of my Regiment at the Garison. Addrest me to send Lieutenant Collonel Forbes to Flanders, to use his Interest & Endeavours for the standing of the Regiment: and they would hear of none to go but him, [Page 4]because he had formely been so successful in obtaining favours for the Regiment and if I be not very much mistaken, some of the compleaning Officers that were then [...] the Garison, went with several others of the Officers to Inverness where the Lieutennen [...] Collonel was posted, and importuned him to undertake the Negotiation and brought hi [...] to the Garison, where all the Officers that were then present, unanimously solicited [...] to let him go, which Solicitation I shifted, and purposed to divert the Offic [...] from any such Resolution, assureing them that they behooved to pay all the Lieutennen [...] Collonel his Expenses out of their own Pockets, and one of the three complaining Offic [...] then answered with an solemn Oath, that he rather would pay his proportion of whatev [...] Expenses the Leutennant-Collonel would be at upon that occasion out of his proper p [...] than that his Journey were longer retarded, for the sooner he went away it would be [...] better; So because of the Officers Importunity, I complyed with their desire, and [...] next day with their unanimous consent, dispatched the Leiutennant-Collonel, and g [...] him Instructions, with which he immediatly went to London, and from that to Flande [...] where the King and Court was, and there I believe my Leiutennent Collonel used his b [...] Endeavours for the Regiments Interest, and came from Flanders to London, and then waited full four Moneths, hoping the best and fearing the worst, and still using his b [...] Endeavours, altho' they proved unsucesful, and the very complaining Officers, would [...] allow him to dispare of the Regiments standing, but sent him up Letters of Recommendat [...] from their Friends, to great men at Court, and alwise adviseing him to spare no Expen [...] in the Affair, which oblidged him to stay longer, and make new Attempts, which put h [...] assuredly to great Charges, and the Leutennent-Collonel his Expenses in the said Negotia [...] on, amounted to 500, and odd lib, Serling only. The remander of the 720. lib. condesce [...] ed on by the Complainers, was for the Exchange of the Bills, and a 100. lib, given to Capt [...] Mackulloch, & Captain Farquher, who were truely deserving of it, upon several Consideration [...] unnecessary here to be mentioned, and no part of the said 720. lib. sterling, came out [...] the Officers their pockets nor was stopped of their pay, but was payed out of the Clothing Money; And as to the 200. lib. complained of as received by the Leutennent-Collonel [...] is all the Remuneration he received, for his extraordinary Toyl and Fati [...] in going the Regiments Errands, and no part of the said Sum came out of the Officers Pu [...] but allennerly out of that Fond, which I could have applyed as I plea [...] and the Lieutennent Collonel might have justly contended for more than [...] said Sum, in regaird, That 1. At at the modeling of the Regiment, the said Lieutennent Collonel brought 600 Pee-coats, and as many Shoes and shirts to the Regiment, which [...] never got any Allowance for, tho his said doing saved a considerable Sum to the Regiment, and was the first occasion of my having any Remains of the Cloathing Money. And 2. He gave the Granadeer Company 60 Bags, Badges, Paterntashes [...] B [...]giners, at the value of 30 lib. sterling. And 3. The said Lieutenent-Collonel before [...] Agent was imployed, he not only did the Regiments Business; and received the first [...] Months Fay of the Reigment at Edinburgh, but likeways brought the same up upon [...] own Charges and Expenses to the Garrison, for which I think he at least should have [...] same Fees that the Agent hath had Monthly since that time, which will amount to no [...] than 80 l [...]b. sterling and upwards, and I might add to this a great many other Reasons, wh [...] is needless to trouble your Lordships with; & if I were to make an Accompt of the Advanta [...] and Casualities that some of the complaining Officers have had since their coming to [...] Reigment, and that with very litle trouble or Fatigue, (whereof neither the Lieutenent C [...] lonel nor I neither had nor could have any share) your Lordships would find them very [...] kind & now how this groundless Complaint comes about, is to me a matter of Admiratio [...]. F [...]r at the clearing and disbanding of the Regiment, there was not the least Mention of a [...] such Complaint, but on the contrair. And of 200 or 300 lib. that remained of Ballan [...] of the cloathing Money, I gave to the commanding Officers of each Compa [...] some part grtutioslie, as will appear by thestated Accompts in their own hands, not so mu [...] very Pole-Money, Agent Fees, and a great part of their Pondage, but I payed:
May it therefore please your Lordships, not only to Assoilȝie your Petitioner fro [...] such a grundless and unkind complaint; But also to absolve Lieutenant-Collonel F [...] bes and the Agent, That they may not sustain any trouble or loss, through the most faithful services, which they have not only done to your Petitioner; But likeways to t [...] Regiment. And your Petitioner shall ever pray.