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To his grace her majesty's high commissioner and the right honourable the estates of parliament, the petition of Sir Alexander Bruce and partners,
Humbly shows,
That we were the first commissaries to the army who reduced the matter of foraging by commissaries from the old, burdensome and clamorous way of localities. The newness of the thing and several difficulties that occurred rendered it very hard and brought us to a vast expense and loss before we could accomplish it, notwithstanding whereof we never had any abatement nor the least allowance whatsoever further than the half poundage allowed to us by the army of such money as was actually paid to them by precepts from the treasury, albeit the commissioners of public accounts have by a mistake expressed in their report as if we had got allowance also of the poundage of some extraneous precepts.
By our contract with the lords of treasury we had right to the fortieth penny or half poundage of the full pay of the army current during our being commissaries, so that none of the funds could be drawn out of our hands so long as there was any pay due to the army, without allowing us the said fortieth penny. Notwithstanding whereof, there was about £30,000 sterling which would have been applied to pay the army and was due to them but was diverted and employed to other cases, and we thereby deprived of the half poundage thereof to which we had right as said is by our contract.
We foraged such forces as were paid from England. All other commissaries got allowance for their foraging such forces because they had not the poundage of their pay as they had of others, which was a supplement and succedaneum for the cheapness of the foraging. This was our case exactly, and yet we have had nothing allowed us as others had.
We also foraged the troop of guards (who were then also upon English pay) with hard meat at Edinburgh a whole session of parliament, which continued about four months. All other commissaries have got allowance of 18d per day a horse, as appears by the report of the commissioners of public accounts, and yet we have never got any allowance except of 4d per day, though it be very well known that there was an extraordinary dearth of fodder that summer.
We having represented this matter to her majesty, she was graciously pleased by her royal letter to order the commissioners of the treasury to enquire into the truth of these things, but their lords did consider that it was out of their power to give us any redress in the matter, in respect they had already assigned the whole funds which were in our hands.
And seeing by our industry and to our great loss we were the first that rendered the method of foraging by commissaries effectual, and that all our endeavours had been to no purpose if we had not foraged these troops also who were paid from England, and that we were ordered so to do by the treasury who were aware it was necessary for the service of the government, and that the same has been allowed to all other commissaries whose case was not by far so favourable as ours,
We do therefore humbly beg and hope that your grace and lords will consider this our so just and equitable case, and that you will please to order that the same, being disbursements for the army, may be provided for out of the funds of the army, and, for that effect, that you please remit to the late committee of your last commission of public accounts, or to any other committee you shall think fit, to take in and state the accounts relating to the said matter, and to determine in the same as they shall see cause.
Alexander Bruce
Edinburgh, 23 August 1704
Her majesty's high commissioner and the estates of parliament, having heard and considered this petition, they remit the same to the commission, and it is declared that this remit does not stay execution against him and partners or at his cautioner's and partners' instances against him for their relief.
[James Ogilvy, earl of] Seafield, chancellor, in the presence of the lords of parliament