To His GRACE, His MAJESTY'S High COMMISSIONER, AND THE Most Honourable the Three ESTATES of PARLIAMENT Information for ALEXANDER MONRO of Bearcrofts.  
THE said Alexander Monro upon the second day of November, 1669. purchased and Obtained from Sir Archibald Primrose then Clerk Register, the Office of an Ordinarily Clerk of Session, during all the days of his Life unremovable; As the Gift of the said Office herewith produced, more fully bears; By Virtue whereof, and considering that the said Sir Archibald Primrose, was by his Gift Ratified in Parliament, Expressly and Fully Impowered, during all the days of his Life-time, to Choice and Appoint Clerks of Session, one or more, during their Lifetimes, In the express words following, (Cum plena & absoluta potestate ei durante spatio antedicto, eligendi, locandi, & constituendi Clericos, deputates, & substitutos unum seu plures in dicto officio, & in unaquaque parte, seu partibus ejusdem, pro obeundo dicto officio, durante vita dictorum deputatorum & substitutorum, idque semper prout ei expedire, vel emolumento subditorum nostrorum in exequendis dictis officiis conducere videbitur.) And that the said Sir Archibald did name to the Parliament six Clerks to serve in Parliament and Session, who were sworn and admitted, and approven in Parliament and Session, and their Rights Ratified in Parliament; It is evident that the said Alexander had good and undoubted Right to his said Place and Office, so that except upon the account of Malversation lawfully found and proven against him, he could not possibly be removed.  
Yet true it is, That after he had served faithfully in the said Office for several years, and notwithstanding of his former many services and sufferings in the Wars for the Royal Family, and his Country: Nevertheless upon a Letter impetrate from King Charles the Second to the Lords of Session, Bearing for all other Causes, that it was his Majesty's pleasure, That there should be only Three Ordinary Clerks of Session, according to the Ancient Constitution; He was summarily upon the 20: of June, 1676. turned out by the Lords of Session: who did Arbitrarly modify Seven Thousand Marks for his Office to be paid to him by the deceased Mr. John Hay his Colleague.  
When his Majesty's Letter was read, the said Alexander Monro pleaded, That by Ours, and the Common Law, the Lords could not warrantably proceed thereupon, to determine any thing concerning his Office, which was his Property: And to which he had as good Right as any Man had to his Estate. And having offered several Grounds in Law to clear the same, he craved to be heard by his Lawyers: And offered to undergo any Trial, as to what ever might concern the Discharge of his Office: And the Verdict of all or any whose Affairs had been at any time amongst his hands, Whether ever he had malversed, or Extorsed, or had been defective in his duty, or had done any thing unworthy of a Clerk of the Session. And he urged further, That such Letters were many times impetrate upon misrepresentation; and therefore craved some competent time to inform his Majesty of the nature of his Right, and of his Services done to the Royal Family and his Country, at the Engagement 1648: And in Ireland in anno 1649; And at Worcester with his Majesty, (where his Brother Leiutenant Colonel Monro was killed, and himself taken prisoner:) And in the Highlands in the years 1653, and 1654.: And at other Occasions. Nothing doubting when his Majesty were rightly informed, he might rather expect a better Employment by his Majesty's Free Gift, Then to suffer prejudice in his Property and Office, which he had purchased with his own Money, through any thing which might flow from his Majesty's hands. To which it was answered, That he might use these Plead upon his Services, To be one of the three Clerks appointed by his Majesty. And to that he Replied, That he could not be one of three without wrong done to others who had undoubted Right; And he craved no more but the peaceable possession of his own. Then he was commanded to remove; And when he was gone, Sentence was pronounced, Removing him from his Office, and appointing his Colleague to pay him 70●0: Marks Which Sentence was never intimate to him in the Ordinary way; Nor was he suffered to return again; Wherefore he resolved the next morning to take his place in the House, and being near to go in, he was pulled back by force by some Friends, who told him, he would be sent to prison if he attempted it. And though he answered, it would be convenient for him to be so treated, yet they carried him away Violently.  
Now by what is said above, it is evident that he was cast out of his Right and Office by Violence completed against him, after all the Resistance he could make. But it may be objected, that afterwards he accepted of the said 7000: Marks, and thereby homologate the Sentence.  
To which it's answered, He did in truth resolve never to accept it. But the best Lawyers in the Kingdom persuaded him, that he might safely take it, without any hazard to his Right; And that deed could never extend further, then to oblige him to allow the said 7000: M: in the first of the Profits of his Office; And when he received the same from Mr. John Hay, he assured him, he would take the first opportunity to recover his Office, and then he would count with him for his Money; And desired him to keep a just account of what he should receive, arising from his Office. He was likewise pressed to accept of that Money by the greatest in the Nation, who assured him, that when ever the abuses of the Government were Redressed, he would be restored to his own; and that Deed after so complete a Force could not stand in his way. And indeed at that time it was thought a very strange and odious business by the whole Nation.  
Now, though it be sufficient to lay open before the Parliament a bare face of Oppression, to take off any posterior deed of the oppressed Party, clearly consequent from the Oppression:  it belongs to the Parliament to judge according to Equity and Conscience (especially where the Violence is procured and executed by wicked Men in the Government, who cannot be resisted by Law or otherways;) yet beyond controversy, all he Craves and Urges is well founded in our Own, and the Common Law.  
And first, as to the Sole reason, in His Majesty's Letter (That the Clerks by former Custom were only three in number) that is an evident Misinformation, and discovers how the Letter was impetrate. For the ancient Constitution was only, That there should be Three Offices, or Chambers, which was, and is still observed: But not that there should be only one Clerk in each Chamber, as in effect of old there was no such Observance; but on the contrary, two ordinately served in each Chamber: And that to the greater advantage of the lieges, who were thereby more readily and easily served, and Men of experience bred to, and kept in the Office. But it is certain in Law That private Rights cannot be prejudged even upon consideration of public Good, otherways then by King and Parliament, and upon bearing the Parties, and Refounding all Damages.  
2do. If there had been such an ancient Constitution, the same had been quite taken away by the foresaid Gift to the Clerk Register in Anno 1660, Ratified in Parliament. And by his Nomination of six Clerks at that time, viz. two for every Chamber, who were all Approven, Admitted, and Authorized in Parliament.  
3tio. As he had Jus quaesitam equally in every respect with his Colleague Mr. John Hay, the Lords had not the least shadow of Reason to exclude him and continue his Colleague: And far less to Constrain him to Accept of a Price of their Modifying, and so much below the value of his Interest. But the utmost they could do was to have represented to His Majesty, That their just Rights could not be taken from them; nor could they in Reason distinguish them. But that after the Decease of either of them they would be careful that His Majesty's Letter should be observed.  
4to. As no posterior Gift in Favours of any other Person could prejudge him, but would be interpret as impetrate per subreptionem, and would be salvo jure: So the common Law and Laws of this Kingdom does not otherways interpret Letters and private Warrants, in so far as the same is prejudicial to the Right of private Parties.  
5to. By Express and Positive Acts of Parliament. (As Act 92. P. 6. Ja. 6.) It is clearly and dictinctly provided, That the Lords of Session should Administrate Justice without regard to any Letters or Warrants which may be Impetrate. And which is consonant to the common Law and Laws and Customs of all Nations, as appears in those Titles; Cod: de precibus impiratori offerendis, and the following titles to the same purpose; viz. 20: 21, 22: lib: 1 more: Where that famous Law, Lex septima is insert, Rescripta contra jus elicita ab omnibus judioibus refutari praecipimus; nisi forte sit aliquid quod non laedat alium, & prosit petenti. So far did Legislators themselves, thus to secure the Subjects against the hazard of Letters and private Warrants.  
6to. There was a clear Contrivance in the Matter: For at that time a Warrant was procured from the King to the Lords to name their own Clerks, whereby the Registers Office Established by Parl. and immemorial Custom was also broken by a Letter: But when some had obtained their designs the Clerk Register was restored, and the six Clerks brought back, and the pretended ancient Custom no more regarded.  
As to the pretence that the said Alexr. made a Bargain or Homologate the sentence in accepting the said 7000 M that is sufficiently Answered before, by the Narration of the true matters of Fact in his steadfast resisting of the Violence done against him as far as was possible: And his constant adhering to his Right, even when he received the Money: And his reclaiming against the Violence ever since: And his going to London in the Year 1679. purposely to complain thereof to the King, who promised him Redress.  
2do. His receiving of the said 7000 M. can no more be called a Bargain, or Transaction, or a Homologation, then if Robbers had taken from him one hundreth Pounds, and had offered him back ten upon his Discharge of the whole in which case no Man can Imagine that by accepting the ten Pounds upon these Terms, he either prejudged himself, or excused the Robbers from Restitution or Hanging for their Villainy.  
3tio. He is in better Circumstances than the Foresaulted Persons who Transacted with the Donators for their Forefaultures; And were some way consenting in making the Price; whereas he did no way consent to the Modification of the said 7000 M. And as in all Law and Equity, the Sums paid by them must be Refounded, as being Extorted by the unjust Forfaultures, which compelled them to give the same rather than lie out of their whole Estates; so much more might he accept of the said 7000 M. modified by an unjust Sentence to be imputed as part of the Profits of his Office, without prejudice to the rest, or to the Office itself.  
4to. In the Action of Concussion, at the Instance of the Lady Grace, against the Earl of Lauderdale, to whom she disponed an Interest she had in the Earl of Dundees Estate, far within the Value (He being then the Great and Terrible Minister in this Nation) she was lately reponed by the Lords upon clear and just Grounds of Law, though the Force against her was nothing comparable to that against the said Alexr-Monro: Which was carried on against him by the said Earl of Lauderdale, and in Conjunction with other mighty Men, and commanded by the King's Letter, and readily obeyed by the Lords of Session. So as by Ours and the common Law, Concussion was never more clear in any Case. Yet all the said Alexr. craves  to be reponed to his own Office, and just Right, with the Profits thereof in time past, and to come; Allowing the said 7000 M. in the first of them. And which is most justly provided for by the Claim of Right in these words, That all Forefaulters, Fines, Loss of Offices, Imprisonments, Banishments, Persutes, Persecutions, Tortures, and Rigorous Executions be considered, and the Parties Lesed be Redressed.  
And though now he craves only to be restored to his Office, and the Profits thereof; he is able to Instruct Losses more considerable besides, which he suffered by continual Persecutions, long Imprisonments, and other Miseries. And that only for his firm Affection to his King and Country. When the Royal Family was Oppressed, he served Them constantly and sincerely with the hazard of all that was Dear to him, without the expectation of any Reward, but the Satisfaction he had to do his Duty. And when the King's wicked Ministers Oppressed the Nation to the Ruin of King and Country, Neither desire of base Advantages, nor fear of any Loss could ever move him to comply with them; but wherever he was concerned in any public Station he did freely witness his dislike of Their Proceed, and therefore he was turned out of his Office, and ever since Persecuted and Oppressed. He forbears to speak of any little Service he hath done lately (though not with little hazard) being abundantly satisfied that he had the Honour to contribute his Mite to this happy Change.  
And now seeing GOD hath Miraculously blest us with a Time of Restitution against all the Violent and Arbitrary Proceed of the late Lawless Times it cannot be Imagined, that those in whose Hands God hath placed the Occasion, to perfect his Gracious Purposes, will endure, That any suffering Persons shall lie buried still under the Rubbish of the late cruel and unjust practices upon such a frivolous pretence, That one accepted a part of his own after all was taken from him. Especially seeing such a pretence could not defend before any  ordinary Judge, tied to the Rules of Law, and much less before a Just Parliament, to whom it belongs to Judge according to Equity and Conscience, especially in Reference to the Proceed of Wicked Men in the Government.  
All the matters of Fact above Narrated, are unquestionably true; ●nd the Reasons in Law well Founded. And all that's Craved, is, That Each of the Members of the most Honourable Court of Parliament may please to consider the Case. And do in it, as he would be done to.