THe ſaid Gaven Plummer having cauſed Charge the Lord Belhaven to make payment to him (as Caſhier to the ſaid Company) of the sum of 150 lib, ſterling, as the remainder of the firſt Moiety due by the ſaid Lord Belhaven to the ſaid Africa Company, conform to his Bond. And thereupon his Lordſhip having proferred a Bill of Suſpenſion againſt this Charge, the Reaſons thereof were ordained to be diſscuſed on the Bill

It was alleadged for the Defender, That he being very Inſtrumental for the advancing the Affairs of the Company, and was a good Example to others, by having amongſt the firſt ſubſcribed for 3000 lib. ſterling. And that being Commiſſionat by the Patentees to negotiat their common affairs at London, he undertook the ſame, and had been very ſuccesfull therein, if a ſtop had not been put thereto by the Houſe of Commons who threatned, and Menaſc'd the Suſpender, to bring him to a Tryal before them, as Acting contrary to the Laws of England, by which he was neceſſitat to returne abruptly to Scotland. And that for all the Pains and Expence he had been at, in ſerving of the ſaid Company, they had only allowed him 100 lib. ſterling. Which was neither ſuitable to his Pains, Expense, or his Quality, And that the whole firſt part of that part of his Subſcription, viz. 250 lib. ſterling, was but to oſmall a Gratification and Recompence for the Service he had done to them, as ſaid is.

To which it was Anſwered, 1. That 'tis true. The Lord Belhaven was amongſt the firſt of the Subſcribers, and did Sign for 3000 lib. ſterling, And gave Bond for the ſame accordingly, but 'tis as true, he was the firſt who ſhowen an uneaſineſs under that engagement, and brought a Diſ-reputation on the Company's Stock, by offering to transferr his Subſcription to others, before the Books were half compleated, and did actually transferr 1000 lib. ſterling thereof, to Robert Craig of Rickerton, another 1000 lib ſterling thereof to ſome in the Direction, who ventured it ſeems clandiſtinely, to take the ſame of the Suſpenders hands, in truſt for the Company, rather than have it propall'd abroad, that one of his Lordſhips Character, had been ſo early at his Repentance, leſt the ſame might be a great diſ-couragement to others, and reſerved only the third 1000. lib. ſterling, to himſelf. for which Sum, The Suſpender would, it ſeems, have an intereſt in the Company's Stock without any part thereof to the Charger.

2. It was denyed that the Suſpender had any Commiſſion from the Patentees to Negotiat the Affairs of the Company at London, tho it is not doubted he was deſired by ſome of their number to go and give his aſſiſtance in promoting ſo National a deſign; and it is acknowledged that he did it with all the ſincerity and zeal imaginable, for which after the Company was regularly conſtituted, the Court of Directors and Council-general, in recuiting of the Suſpenders good intentions, tho' otherways ineffectual, did allow him 100 lib. ſterl. which is more than 20 ſh. ſterl. per diem, during his abſence, beſides 10 lib. sterl: for Poſtage, up & down. Whereas it might have been contended in Law, that the Company was not oblig'd to give him any thing upon thir grounds. 1. He had no Commiſſion from the Patentees, or major part of them, but what he did was out of a frank and free offer of his own, and conſequently can pretend to no more than a voluntar Gratification, whatever his Expences be, more or leſs. 2. This being before the Conſtitution of the Company, it could be no tye nor Bond upon them: But notwithſtanding thereof, they were ſo generous, as to allow him 100 lib. ſterl. for his neceſſary Charges, as aforeſaid, which certainly might very well defray the ſame, conſidering his ſtay there was ſo ſhort, & for the moſt part in company with Merchants, who bore an equal proportion to a Penny of all expences: And if the Lord Belhaven had not thought that Sum ſuitable to his quality and ſervice done to the Company, it had been very ſuitable to his Lordſhips quality to have rejected the ſame altogether, and given his ſervice and pains generouſly to the Company, without expectation of any Gratification or Re-imburſment of his Expences, eſpecially ſince his endeavours, how well ſoever intended were of no advantage to the Company.

To which it was Replyed, That it is known to all perſons whoever were at London, that one of the Lo. Belhavens quality could not go to Lond. & ſtay there but 8 days, without being at fargreater expences than 100 lib. ſter. altho he had no buſineſs to do, ſave only to make one ſingle appearance at Court, but that in this caſe he had extraordinary occaſion of Charges, by being obliged to go ſeveral times to Court, wait upon, and ſpeak to the King, to get his Countenance and Protection to the ſaid Company; to be at many and frequent Meetings with Engliſh Merchants, who were to ingâge therein: and that the Expence of ten weeks at firſt at London, would be as great as if he had ſtayed ſix Moneths; and no man can think that the Lord Belhaven could have ſtayed at London ſix Moneths for a 100 lib. Sterl.

To which it was Duplyed, that the Anſwer to the reaſons ſtand relevant, notwithſtanding of the Reply. And 1. If the Lord Belhaven be as much concerned in the Intereſt of the Company as he pretends, he ſhould conſider the vaſt and great Charges which the Company is at without expectation of Profit for a conſiderable time, and how cheerfully ſeveral Perſons of the greateſt Quality in the Nation are, all this time, at great Pains, and give inceſſant attendance (which cannot be without conſiderable Expence) in Promoting and Advancing the Intereſt and Affairs of the Company; yet never pretended any Re-imburſment of their Expence or Gratification for their Pains. 2. The Suſpender cannot (upon calm reaſoning) urge, but that the Company had all due regard to his Quality, and dealt very tenderly with him in this matter all along, for when upon the eight day of December laſt, at a Council-General of the ſaid Company, (where the Marqueſs of Tweeddale, Earls of Lawderdale, Leven, Annandale and Panmure, Lord Juſtice Clerk, Croſrigg, and ſeveral other Perſons of Honour were preſent, his Lordſhip preſſed the conſideration of that matter with all the Arguments he could think of, they modified his Allowance to the Sum above-mentioned, ſo much now complained of: after which the Suſpender gave in a Repreſentation in writing to the Directors, craving a larger Allowance, which Repreſentation was communicated to a ſubſequent Council-General, where after full and deliberat Reaſoning upon the ſubject matter thereof, they Adhered to their former Determination: nor can it well be ſuppoſed, but that all theſe Honourable Perſons would have all due regard, both to my Lord Belhavens Quality, his neceſſary Charges, Conditions and Circumſtances of the Company; nor would they doubtleſs do any thing which might be a Reflection upon any Perſon of Quality; much leſs upon the Lord Belhaven, one of their own number and Society.

3. The ſaid Court of Directors and Counſel General did follow the ſame method, with the Lord Belhaven as they did with Lievetenant-collonel Erskin and Laird of Glen • agles, who were duely and ſolemnly commiſſionated by the Company to negotiate their affairs in London, Holland and Hamburgh, and had only an allowance of 20 Shilling Sterling per diem each, without any regard to Poſtage or tranſportation, tho the ſuſpender had allowance for that alſo over and above, and it's hoped the Suſpender will acknowledge that they were perſons of good quality, and that their expenſe in repreſenting the Company conſtituted, may reaſonably be ſuppoſed, to equal at leaſt the Expenſes of thoſe who acted for promoting the company before it was conſtituted; eſpecially they acting by Commiſſion, as ſaid is, but the Suſpender only of his own accord without one, ſo in Law he can pretend to no more than what the Company thinks fit to allow him, yet the Company without any conſtraint has allowed him what they thought ſutable to his Expenſes as not being deſirous that any perſon ſhould be loſer for ſervices done to them and over and above reſtricted their Charge againſt him to 150 lib. Sterl. whereas they very well might have charged him for 250 lib. Sterl. more being the firſt fourth part of the other 1000 lib. ſterl. Subſcription which his Lordſhip turned back upon the Company in manner above mentioned, and for which his Bond ſtands ſtill unretired to this hour.

And whereas it was alledged for the Suſpender that Lievetenant-Collonel Erskin and Gleneagles were imployed in matters, by which they could make other conſiderable by advantages over and above their modified allouance above mentioned; ſuch as the bargaining for and buying of Ships, &c. And ſo could be no juſt precedent for modifying the Suſpenders Expenſes by: It is a groſs and abſolute calumny for that was no part of their Comm • ſſion, Alexander Steveuſon, and James Gibſon being (long before they went abroad) ſolely imployed therein; And it may very well be ſuppoſed that none would make any ſuch groundleſs and unwarrantable inggeſtion at the Barr againſt Perſons of their Honour, & known integrity to the Company but who in all probability would be ready themſelves to make all advantages whatſoever beyond their allowance, if they were imployed in any ſuch truſt.

4. It cannot well be underſtood how the Expences of eight or ten weeks at London ſhould be as much as if he had ſtaid there ſix months. And altho it be acknowledg'd that the Lord Balhaven appeared ſome few times at Court upon that occaſion yet we cannot ſuppoſe the Suſpender was ſo prodigal of his Money as to be at conſiderable extraordinary Expenſes for things which would not be of uſe to him afterwards, eſpecially being all that time oblig'd to be in mourning for his Fathers Death; And as to any Expenſes which the Suſpender might be at in meeting at ſeveral times with Engliſh Merchants, Mr. Robert Blackwood and James Balfour (his Colleagues upon this occaſion) were ſtill preſent with him, and do averr that each of them did bear a proportionable ſhare of all Expenſe with his Lordſhip, & yet the Company out of reſpect to his Lordſhips quality did allow them but half the allowance per diem which they allow'd to his Lordſhip.

In Reſpect whereof, &c.