The CASE of Captain JOHN KEY, late of the Lord STRATHNAVERS Regiment.

HE Raised his Company with great Charge, and never had any Allowance for it.

The Lieutenant Colonel oblig'd all the Captains, in the year 1694. to furnish their Companies with Breeches, Shirts, and Cravats, to supply the Defects of the Mounting sent by the Colonel; which charge the Colonel would never allow to the said Captain.

That for Argueing this matter with the Colonel, and insisting for him to follow the King's Or­ders, Dated May 30. 1690. (about the Clothing of Regiments) the said Captain was put under Confinement, and continued so for 21 days, till he was Released by a Court Martial.

That the Captain having, at the Request of the rest of the Captains, drawn a Paper of Objections against an Accompt given in by the Colonel, fell thereby further under his displeasure, and had all the Hardships which the Colonel could contrive put upon him.

That afterwards the Colonel proposed, to submit the Differences of Accompts with the Cap­tain to Arbitration, at Bruges, and signed a Bond for that effect.

That afterwards he retracted, and upon pretence of an Alarm, commanded the said Captain to his Post at the Camp at Newport, but came not up himself.

That the Captain obeyed, but finding no Alarm, he acquainted Major General Fagell with the usage he met with.

That when the Colonel arrived, the Captain was put under Confinement, because he would not acknowledge he had done amiss, in acquainting the said Major General with his Case.

That his Subsistance was immediately stopt (which is contrary to all Military Laws and Customs) and he never had any since.

That he was necessitated, after long Application otherways, to demand a Court Martial.

That the same after a long delay was granted.

That after the same was granted, and the Captain come to Bruges, the Colonel confined him again, without the least Provocation, to hinder him (no doubt) from access, to the Prince of Vandement, and other Generals.

That the next Day he sent an Officer, commanding the Captain to Return back to his Camp (after he was sent for to Brages by the Prince of Vaudemont's Order) and there to remain in Arrest; which Order was countermanded by the Duke of Wirtemberg.

That the Captain pressed hard for the Court Martial to sit, but it was delayed 10 days lon­ger, which he supposes to be by his Colonels Procurement.

That the Captain could not obtain the Copy of any Complaint unto which he was to Answer, altho the Princ of Vaudemont ordered it to be given to him long before the sitting of the Court Martial.

That when the Court met, it consisted all of Field Officers, nor could the Captain prevail to have any of his own station to be a Member thereof; which is contrary to Law, Equity, and the Customs of other Nations.

That when the charge was made before the Court, it consisted of the following Articles, where­of the Captain had never heard, till they were spoke by his Colonel at the Court Martial Board, and were as follows;

That Captain Key had, without acquainting the Officer Commanding the Regiment, ap­plied to General Fagell for a Foreloofe to return to Bruges.

That Captain Key had Reflected on his Colonels Honour, by saying, That he was sent from Bruges to the Camp by a Sham or Trick. Unto both which the Captain made proper and reasonable Defences, but was Brow-beaten, and Interrupted often in doing thereof, and threatned to be sent to the Provoes; and then being commanded to withdraw, he was called in and appointed to Prepare the State of Accompts with his Colonel, within 10 days thereafter, to which time the Coure was Adjourn'd.

Which being met according to Adjournment, they proceeded to take the State of the Captain's Accompts into consideration, but would not hear him as to what he offered, telling him, they would oblige him to allow several Articles, which were very unreasonable.

Then again commanding him to withdraw; And having called him in, they told him, They had agreed upon a Sentence, but did not intimate what it was, saying, They would send it to the Prince.

This Sentence, whatever it was, was not Confirmed by His Majesty, or the Prince of Vaudement

Yet the Colonel a bout two Months thereafter, surreptitiously Procured a Commission to his First Consin, for the Captains Company.

By which Commission the Captain's was made void: And to add to his Misfortunes, notwith­standing of all those Hardships, and his Applications to all proper Persons and Places to be Re­dressed. he could never yet obtain a Hearing, or any Relief, nor could ever certainly know what the Sentence of the Court Martial was, concerning the Charge against him, or his Accompts, by reason the same was never Recorded, having not been Confirmed.

The Captain having had no Share of the Money ordered last Sessions of Parliament, towards Paying the Officers of the Scots Regiments, nor having had half Pay allowed him, altho there be a considerable Sum oweing him, for which he can obtain no account, he did Petition the Honorable House of Commons for Relief in the premisses; which Petition was referred to the Committee to which the Petition of Nichols, and others, was committed, which hath made no Report of the Captains Case; and the Colonel keeping himself in Scotland, out of the reach of the English Law, the Captain can find no Relief, unless the Honorable House, in compassion to his numerous Family, all born and living in London, will be pleased, by a Clause in the Bill for Appointing Commissioners to State the Accompts of the Army, Impower them also to Examine and Determine of the Damages sustained by the Hardships above-mentioned.

Capt. KEY's CASE.

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