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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A89223 To his grace, his Majesties high commissioner, and the most honourable the three estates of Parliament information for Alexander Monro of Bearcrofts Monro, Alexander, of Bearcrofts. 1680 (1680) Wing M2435A; ESTC R231117 4,986 7

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To His GRACE His MAJESTIES High COMMISSIONER AND THE Most Honourable the Three ESTATES of PARLIAMENT Information for ALEXANDER MONRO of Bearcrofts THE said Alexander Monro upon the second day of November 1669. purchased and Obtained from Sir Archibald Primrose then Clerk Register the Office of an Ordinarly Clerk of Session during all the dayes of his Life unremovable As the Gift of the said Office herewith produced more fully bears By Vertue whereof and considering that the said Sir Archibald Primrose was by his Gift Ratified in Parliament Expresly and Fully Impowered during all the dayes of his Lifetime to Choice and Appoint Clerks of Session one or more during their Life-times In the express words following Cum plena absoluta potestate ei durante spatio antedicto eligendi locandi constituendi Clericos deputates substitutos unum seu plures in dicto officio in unaquaque parte seu partibus ejusdem pro obeundo dicto officio durante vita dictorum deputatorum substitutorum idque semper prout ei expedire vel emolumento subditorum nostrorum in exequendis dictis officiis conducere videbitur And that the said Sir Archibald did name to the Parliament six Clerks to serve in Parliament and Session who were sworn and admitted and approven in Parliament and Session and their Rights Ratified in Parliament It is evident that the said Alexander had good and undoubted Right to his said Place and Office so that except upon the account of Malversation lawfully found and proven against him he could not possibly be removed Yet true it is That after he had served faithfully in the said Office for several years and notwithstanding of his former many services and sufferings in the Warrs for the Royal Family and his Country Nevertheless upon a Letter impetrate from King Charles the Second to the Lords of Session Bearing for all other Causes that it was his Majesties pleasure That there should be only Three Ordinary Clerks of Session according to the Ancient Constitution He was summarly upon the 20 of June 1676. turned out by the Lords of Session who did Arbitrarly modifie Seven Thousand Merks for his Office to be payed to him by the deceast Mr. John Hay his Colleague When his Majesties Letter was read the said Alexander Monro pleaded That by Ours and the Common Law the Lords could not warrantably proceed thereupon to determine any thing concerning his Office which was his Property And to which he had as good Right as any Man had to his Estate And having offered several Grounds in Law to clear the same he craved to be heard by his Lawyers And offered to undergo any Tryal as to what ever might concern the Discharge of his Office And the Verdict of all or any whose Affairs had been at any time amongst his hands Whether ever he had malversed or Extorsed or had been defective in his duty or had done any thing unworthy of a Clerk of the Session And he urged further That such Letters were many times impetrate upon misrepresentation and therefore craved some competent time to enform his Majesty of the nature of his Right and of his Services done to the Royal Family and his Country at the Engagement 1648 And in Ireland in anno 1649 And at Worcester with his Majesty where his Brother Leiutenant Colonel Monro was killed and himself taken prisoner And in the Highlands in the years 1653 and 1654 And at other Occasions Nothing doubting when his Majesty were rightly enformed he might rather expect a better Employment by his Majesties Free Gift Then to suffer prejudice in his Property and Office which he had purchased with his own Money through any thing which might flow from his Majesties hands To which it was answered That he might use these Pleadings upon his Services To be one of the three Clerks appointed by his Majestie And to that he Replyed That he could not be one of three without wrong done to others who had undoubted Right And he craved no more but the peaceable possession of his own Then he was commanded to remove And when he was gone Sentence was pronounced Removing him from his Office and appointing his Colleague to pay him 70●0 Merks Which Sentence was never intimate to him in the Ordinary way Nor was he suffered to return again Wherefore he resolved the next morning to take his place in the House and being near to go in he was pulled back by force by some Friends who told him he would be sent to prison if he attempted it And though he answered it would be convenient for him to be so treated yet they carried him away Violently Now by what is said above it is evident that he was cast out of his Right and Office by Violence compleated against him after all the Resistance he could make But it may be objected that afterwards he accepted of the said 7000 Merks and thereby homologate the Sentence To which it s answered He did in truth resolve never to accept it But the best Lawyers in the Kingdom perswaded him that he might safely take it without any hazard to his Right And that deed could never extend further then to obliege him to allow the said 7000 M in the first of the Profites of his Office And when he received the same from Mr. John Hay he assured him he would take the first opportunity to recover his Office and then he would count with him for his Money And desired him to keep a just account of what he should receive arysing from his Office He was likewise pressed to accept of that Money by the greatest in the Nation who assured him that when ever the abuses of the Government were Redressed he would be restored to his own and that Deed after so compleat a Force could not stand in his way And indeed at that time it was thought a very strange and odious business by the whole Nation Now though it be sufficient to lay open before the Parliament a bare face of Oppression to take off any posterior deed of the oppressed Party clearly consequent from the Oppression Seing it belongs to the Parliament to judge according to Equity and Conscience especially where the Violence is procured and executed by wicked Men in the Government who cannot be resisted by Law or otherwayes yet beyond contraversie all he Craves and Urges is well founded in our Own and the Common Law And first as to the Sole reason in His Majesties Letter That the Clerks by former Custom were only three in number that is an evident Misinformation and discovers how the Letter was impetrate For the ancient Constitution was only That there should be Three Offices or Chambers which was and is still observed But not that there should be only one Clerk in each Chamber as in effect of old there was no such Observance but on the contrary two ordinately served in each Chamber And that to the greater advantage of the Leidges who were thereby