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Robertson having been adjudged as a recruit, in terms of an act for the more speedy recruiting of his Majesty's forces, presented a bill of suspension, as he did not fall under the description of the act. The Lords, in consideration that the power of adjudging men for certain purposes, was given to the commissioners named in that act, found that a suspension was not competent; and a reclaiming petition being presented, setting forth, that supposing the Lords of Session were not competent judges in matters of this kind, if the person was adjudged by those who had due power, yet it was deficient in this case, where the persons who had adjudged Robertson could not legally do it, as they were not qualified in terms of the said act, and had no power of adjudging; the Lords adhered to their former interlocutor, and found, that as they had no jurisdiction in questions relating to the act of Parliament, they could not stop the execution of it, or enquire whether the judges were duly qualified or not.
