[1704/7/64]*[print] [email] [cite] [preceding] [following]
Her majesty's high commissioner and the estates of parliament, having heard a petition for John, earl of Sutherland and Ludovic Grant of that ilk, humbly showing to them that where their lordships by their deliverance of the date 21 July, having granted warrant for citing the lords commissioners of the treasury at the petitioners' instance before the parliament for answering the petitioners' claims anent the poll-money destined by act of parliament for payment of the clothing, true it is that, albeit citations are accordingly given, yet the diet of compearance as to those who are either furth of the kingdom or not in town being upon so many days, that it is not probable this session of parliament will continue sitting until then. Besides that, the lords of session, by a special remit from their lordships, may be most proper and competent judges and, therefore, humbly entreating his grace and the right honourable the estates of parliament would be pleased to remit the trial and discussing of the case aforesaid between the petitioners and the lords of treasury to the said lords of session to be summarily determined by them, as the said petition bears. Her majesty's said commissioner and the estates foresaid by their deliverance thereon, dated 3 August instant, ordained the lords commissioners of the treasury to see and answer the same, against the then next sitting of parliament and they, having accordingly given in answers thereto in form of representation, mentioning that the lords of treasury, having been first convened at the instance of the said petitioners before the lords of session and then upon the lords of session their remit again convened before the estates of parliament, and the day and diet to which they are convened before the said estates not being yet come, they conceive that they are no way obliged to notice any anticipating petition given in by the said petitioners, it being certain that they being, under a citation and the day not yet come, they are not at all concerned to answer any petition before hand, for otherwise, by the same consequence, they might be put summarily to answer without any citation. Secondly, they further judge that the remit craved by the petition is greatly of their concern for discharge of the trust reposed on them by her majesty and her majesty's interest in that matter, so that being convened as commissioners acting in a joint commission and, therefore, not liable to answer separately, and all of them obliged by their trust to maintain their privilege and her majesty's concern therein, there can be no remit passed upon the petition presented until the day of compearance in the citation given them and that all of them be heard thereupon. Thirdly, esto that the commissioners of the treasury were appearing as the lord high treasurer, yet without answering the petition or the petitioners the commissioners think it their duty to represent to the estates of parliament that since the lords of session found it a novelty to have the high treasurer or the commissioners of treasury in his place convened before them for his or their administration, it is hoped the estates of parliament, that now proceed in this matter in their judicative capacity, will not find it reasonable to grant a remit whereby the novelty avoided by the lords must come to be introduced, and that so much the rather that the novelty is clear in regard it is the known method of administration that for the high treasurer's or the treasury's accounts the queen has been in perpetual right and use to give commissions of audit by which commission their accounts are examined and controlled, and can only be examined and controlled before such a commission and before no other ordinary judicatory. And, therefore, seeing the remit in question would necessarily bring the examination and control of the treasury's accounts before the lords of session, it is submitted to the judgement of the honourable estates of parliament whether this would not be a novelty indeed and prejudicial to her majesty's prerogative, especially seeing if any private party find themselves harmed in the ordinary administration, her majesty has a court of exchequer which is a sovereign court and where all such questions by the act of parliament of 1633 ought to be examined and determined, as the said representation also bears. Her majesty's high commissioner and the said estates of parliament having again, upon the day and date of this remit, heard and considered the foresaid petition with the foresaid answers in form of representation for the lords commissioners of her majesty's treasury, and they being therewith well and ripely advised, they have remitted and, by these words, remit the decision of the petitioners' causes above-mentioned to the lords of session. Extract.