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 [Page]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.