Unto the right Honourable, the Lords of His Majesty's most Honourable Privy Council, The PETITION of Sir John Hill late Colonel of the Regiment at Fort-William.  
Humbly showeth,  
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 Majesty's Privy Council, alleging that I, my Lieutenant Colonel and John Forbes my Factor, had detained in their hands a considerable part of the said's Captains their pay unaccounted for, pointing at the several Sums received by the Lieutenant Colonel, for defraying the Expenses 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 empower, 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 Garrison 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 counted fully and fairly for his Intromissions, and delivered to the commanding Officer of each Company a stated account of Charge and Discharge, and delivered to them a Credential or Receipt under their own hands of the Article that was paid out by him, and Mr. Corsbie and John Grant who were the dispensers of the Money remitted in manner foresaid to the Garrison and Pay masters of the Weekly pay of the whole Companies of the Regiment. Counted 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 authorised to uplift their Companies pay Weekly, for every Article stated in their Discharge, and the foresaids receipts were immediately after perusal, and Examination canceled by the Officers themselves, lest they should be probative against them at the next counting, whereupon Counting 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 Accounts preceding the dates of the said's respective Discharges, which Discharges the said Mr. Forbes reported to me, and at the same time made up the Accounts of the Clothing, and it any balance was, the same by my order was delivered in to the Paymaster for Subsisting the Regiment, till more Money should come up, and for defraying the Expenses of the Emergencies and Exigencies of the Regiment, and after perusal of the foresaid Discharges and Examination of the Clothing Accounts, being all verified by instructions and credentials contestable, 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, preceding the date of the said Discharge, and all the Captains of the Regiment at every Counting received stated Abstracts of all their Pay by way of principal and Additional Account, which was paid to them by Mr. Forbes and the Pay-ma●… at the Garrison, which Accounts if they will but produce before your Lordships, ye 〈◊〉 not only easily 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 Expenses whatsoever So that it surprises 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 Colonel to the Regiment, had the undoubted and ab●…lute Right of disposing of the Retention-Money; not only for the Clothing, 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 Majesty's special Decisions, if any Col●…el keep his Regiment in good order, well Mounted with all  Abuilyiments fo● Soldier whatsomever; If by the Colonels care and Industry, any thing be saved 〈◊〉 the Clothing Money, it belonged to the Colonel 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 Colonels 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 Majesty's 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 Welfare of the Soldiers if they had been my Children; and within eight Months of the Regiments Disbanding, Clothed all of them with double Mounting, to wit, each Soldier 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 paid out 80 lib. sterling for Cravates which I gave to my Officers to divide amongst the Soldiers to Encourage them, that if His Majesty should after yard have occasion for them, they might the more willingly and readily Engage in the Service: S●… that it appears not, by what Title the Complainers can pretend to the Remains of th●… Clothing Money, if any were, that pertains of right to me as said is.  
3. Your Petitioner can boldly affirm that there was never any Colonel in my circumstances more open handed and Liberal, both to the Officers and Soldiers than I was, i●… regard that of-times when there was any thing saved in the Clothing 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 said's 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 myself. And have also defrayed all the incident Charges that happened to befall the Regiment without exacting one  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 Colonel 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 expenses and errands, the Colonel humbly offers the following Account.  
1. In the year 1692, Lieutenant Colonel Forbes then Major to the Regiment, was se●t to London to represent the circumstances of the Regiment and Garrison 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 to apply the pay allotted for the Minister, To pay the Gunner and two Mattrosses seeing at that time the Clannes that were in Arms against the Government were not reduced, and the Garrison was environed with Enemies on all hanoes. 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 Majesty's 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, paid 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 Mossy, and unwholesome, 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 Garrison myself, to represent the hard circumstances of the Soldiers and he accordingly went, and upon Audience of his Sacred Majesty, obtained his Majesty's Letter, not only to exeem the Garrison of Fort William, from payment of any Excise in all time coming, and to keep it out of all subsequent Tacks, but granted Warrant 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 King's Letter. Dated the Day of February 1695 doth ver●…e, with all which the Lords of the Thesaurie having complied the 90 lib. sterling was refounded, and the Garrison 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 Cover, 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 Colonel met with much Opposition, some of the Colonels of the Scots Forces being then at Court, and insinuating that the Garrisons 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 Majesty's 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 paid 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 Soldiers, had the drinking their Liquors Excise free, and better and cheaper. And the said 410 lib. sterling being but the Lientenant Colonels neat Expenses, I leave it to any thinking person, if he deserved not a Gratification beside.  
3. In the year 1695, the Lieutenant Colonel, and one Captain Farquhar in the Colonels Regiment, went from the Garrison 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 Colonel 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 bore making mention of it.  
4. In the year 1697, when the Peace was concluding, the Officers of my Regiment at the Garrison. Addressed me to send Lieutenant Colonel Forbes to Flanders, to use his Interest & Endeavours for the standing of the Regiment: and they would hear of none to go but him, 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 Garrison, went with several others of the Officers to Inverness where the Lieutennen● Colonel was posted, and importuned him to undertake the Negotiation and brought hi● to the Garrison, 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 behoved to pay all the Lieutennen● Colonel 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 complied with their desire, and 〈◊〉 next day with their unanimous consent, dispatched the Leiutennant-Collonel, and g●… him Instructions, with which he immediately went to London, and from that to Flande●… where the King and Court was, and there I believe my Leiutennent Colonel used his b●… Endeavours for the Regiments Interest, and came from Flanders to London, and then waited full four Months, 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 despair 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 obliged 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 truly 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 paid 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 Toil 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 applied as I plea●… and the Lieutennent Colonel might have justly contended for more than 〈◊〉 said Sum, in regaird, That 1. At at the modeling of the Regiment, the said Lieutennent Colonel brought 600 Pee-coats, and as many Shoes and shirts to the Regiment, which 〈◊〉 never got any Allowance for, though his said doing saved a considerable Sum to the Regiment, and was the first occasion of my having any Remains of the Clothing 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 employed, 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 Account of the Advanta●… and Casualties that some of the complaining Officers have had since their coming to 〈◊〉 Reigment, and that with very little 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 clothing Money, I gave to the commanding Officers of each Compa●… some part grtutioslie, as will appear by thestated Accounts in their own hands, not so mu●… very Pole-Money, Agent Fees, and a great part of their Pondage, but I paid:  
May it therefore please your Lordships, not only to Assoilyie your Petitioner fro● such a grundless and unkind complaint; But also to absolve lieutenant-colonel 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.  
Sic Subscribi●… John Hi●…