WHereas the Petitioners alledge, That the saids Colonel his Leiutenant Colonel, and John Forbes as Agent for the Regiment, uplifted the Regiments full Pay, and as yet has not compted for a great part thereof, as to the Petitioners proportions, qua Captains for themselves and Com­panies; And therefore craving Compt and Payment of what is justly due to them, &c.

Answerd, That 1mo. The Petition and Desire thereof is unintelligible, and impracticable to give Obedience to what is thereby craved; In respect that the Petitioners their Claim is altogether indefinit and illiquid, not condescending upon the Commencement of their Service, and Endurance thereof, nor upon the particular Summs due to them, and yet unpayed. So that esto The Per­sons Complained of, were charged with Horning in the Terms of this Petition, they should not know what Summ to pay, or how to give Obedience. And that therefore the Petitioners ante omnia ought to be special in their Claims, whereby it would appear, that they have no ground to creat your Lordships or Others this Trouble, summarly by such a Clamorous Bill.

2do. Esto the Petitioners were Special in their Claim, and the Colonel and Others, duely Cited, yet neither he nor his Leiutenent Colonel. or Agent would be found Lyable to the Petitioners. For 1mo. John Forbes the Agent is Comptable only to the Colonel; By whose Orders, he Dispenses the Regiments Money, and makes payment to the Respective Companies, and other uses of the Regiment, and accordingly he has so done, as per the Col­lonels last Discharge in April by past, for all the said John his Intromissions with the Regiments Money, preceeding March 1698. 2do. As to the Co­lonel, he oppones these very Petitioners, their Discharges of their full pay­ment for themselves, Subalterns and Companies to the said John Forbes, for the Moneth of February last, and all proceedings. In contemplation where­of, and of the like Discharge from every Captain and person else Concern­ed, the Collonel did give him the said General Discharge; So that the Petitioners having Acknowledged their full payment, as said is, they were in the wrong to present any such Petition.

And 3tio. Quoad the Leiutenent Collonel, the Petitioners doe most Injurious­lie Acclaime any thing of him; Not only because of their saids Generall Dis­charges that outerly preclude them every manner of way, But likewise that the Lieutenent Collonel medles not farder then to Receive what is due to himself, from the Agent by the Collonels order, and accordingly he has Acknowledged himself payed, as per his Generall Discharge, also to the A­gent for all by gones preceeding the beginning of March last. And seeing there can be no nothing more Injurious then to Load Mens Reputations with your Lordships, as alledged Guilty of keeping up the Petitioners Pay, while the Contrair Appears, by the Evident Demonstration aforesaid.

It is Humbly Hopt your Lordships will Refuse the desire of the Petitioners Bill with a Repremand, for not better minding their saids Discharges, and good Offices done them by so Obliging a Colonel, as they knew from ther Experience; Sir John Hill was to all his Officers and them in parti­cular.