staying here. Hoping your Grace
wil, with a condescending compassion to my present circumstances,
favourably admit the bearer, Capt. James Stuart, in Coll. M'Carty's
regiment, who is my faithfull friend and near relation, to deliver
this letter, and represent my case, that the whole matter may be
sett in a true light for a finall decision, in the meantime, I
remain, with a profound respect, my Lord, Your Grace's most humble,
etc."

"To the Duke of Marlborough, London, the 29th November, 1708."

THE DUKE OF MARLBOROUGH TO SIR JOHN SCHAW.[226]

"Sir,

"Captain Stewart has delivered me your letter of the twenty-first of
November; I had before, from the Secretary at Warr, the opinion of
the Attorney and Sollicitor General upon the proceedings of the
court-martiall, with the copie of the petition you had presented to
the Queen, but no positive directions from hir Majesty, which I
should have been very glad to have received, being without it under
very great uneasiness, as Captain Steward will tell you; however,
you may be sure I shall have all the regard you can desire for your
just resentment against Mr. Sinclair, being truly, Sir,

"Your most humble servant,
(_Sic subscribitur_)
"MARLBOROUGH."

"Copie letter Duke of Marlborrough to Sir
John Schaw, dated at the Camp at
Melle, the 16th December, 1708."

After this correspondence, the unhappy brother of the two young officers
had every reason to conclude that the delinquent would very soon be
brought to justice. He wrote to Mr. Cardonnel, secretary to the Duke of
Marlborough, in grateful terms for the kind intercession employed for
him. What was afterwards his astonishment to find that Sinclair was
allowed to serve in the British army in the sieges of Lisle and Ghent,
and eventually received in the Prussian service! The evident favour of
the Duke is fully shown in the following passage from the Master of
Sinclair's narrative:

"I was obliged to quit [the army] for two misfortunes which happened in
a very short time, one after the other, notwithstanding of the
court-marshall's recommending me to the General, his Grace the Duke of
Marlborough's mercy, which was always looked on as equal to a pardon,
and which I can aver was never refused to any one but myself. Nor was
his allowing me to serve at the sieges of Lisle and Ghent precedented on
my giving