advice that the cargoes of their West India ships detained by the
English, would, by the British courts of judicature, be declared lawful
prizes, as being French property, sent a deputation, with a petition to
the states-general, entreating them to use their intercession with the
court of London, representing the impossibility of furnishing the
proofs required, in so short a time as that prescribed by the British
admiralty; and that, as the island of St. Eustatia had but one road, and
there was no other way of taking in cargoes but that of overschippen,*
to which the English had objected, a condemnation of these ships,
as legal prizes, would give the finishing stroke to the trade of the
colony.
* The method called overschippen is that of using French
boats to load Dutch vessels with the produce of France.
Whatever remonstrances the states-general might have made on this
subject to the ministry of Great Britain, they had no effect upon the
proceedings of the court of admiralty, which continued to condemn the
cargoes of the Dutch ships as often as they were proved to be French
property; and this resolute uniformity, in a little time intimidated the
subjects of Holland from persevering in this illicit branch of commerce.
The enemies of England in that republic, however, had so far prevailed,
that in the beginning of the year the states of Holland had passed a
formal resolution to equip five-and-twenty ships of war; and orders were
immediately despatched to the officers of the admiralty to complete
the armament with all possible expedition. In the month of April, the
states-general sent over to London three ministers-extraordinary,
to make representations, and remove if possible the causes of
misunderstanding that had arisen between Great Britain and the United
Provinces. They delivered their credentials to the king with a formal
harangue: they said his majesty would see, by the contents of the letter
they had the honour to present, how ardently their high mightinesses
desired to cultivate the sincere friendship which had so long subsisted
between the two nations, so necessary for their common welfare and
preservation; they expressed an earnest wish that they might be happy
enough to remove those difficulties which had for some time struck at
this friendship, and caused so much prejudice to the principal subjects
of the republic; who, by the commerce they carried on, constituted
its greatest strength and chief support. They declared their whole
confidence was placed in his majesty’s equity, for which the republic
had the highest regard; and in the good-will he had always expressed
towards a state which on all occasions had interested itself in
promoting his glory--a state which was the guardian of the precious
trust bequeathed by a prince so dear to his affection. “Full of this
confidence (said they), we presume to flatter ourselves that your
majesty will be graciously pleased to listen to our just demands, and
we shall endeavour, during the course of our ministry, to merit your
approbation, in strengthening the bonds by which the two nations ought
to be for ever united.” In answer to this oration, the king assured them
that he had always regarded their high mightinesses as his best friends.
He said, if difficulties had arisen concerning trade, they ought to be
considered as the consequences of a burdensome war which he was
obliged to wage with France. He desired they would assure their high
mightinesses, that he should endeavour, on his part, to remove the
obstacles in question; and expressed his satisfaction that they the
deputies were come over with the same disposition.--What representations
these deputies made, further than complaints of some irregularities in
the conduct of the British sea-officers, we cannot pretend to specify;
but as the subject in dispute related entirely to the practice of the
courts of judicature, it did not fall properly under the cognizance of
the government, which hath no right to interfere with the administration
of justice. In all probability, the subjects of Holland were by no means
pleased with the success of this negotiation, for they murmured against
the English nation without ceasing. They threatened and complained
by turns; and eagerly seized every opportunity of displaying their
partiality in favour of the enemies of Great Britain.
MEMORIAL PRESENTED TO THE STATES BY MAJOR-GENERAL YORKE.
In the month of September, major-general Yorke, the British minister at
the Hague, presented a memorial to the states-general, remonstrating,
that the merchants of Holland carried on a contraband trade in favour
of France, by transporting cannon and warlike stores from the Baltic to
Holland, in Dutch bottoms, under the borrowed names of private persons;
and then conveying them by the inland rivers and canals, or through the
Dutch fortresses, to Dunkirk and other places of France. He desired that
the king his master might be made easy on that head, by their putting
an immediate stop to such practices, so repugnant to the connexions
subsisting by treaty between Great Britain and the United Provinces,
as well as to every idea of neutrality. He observed, that the attention
which his majesty had lately given to their representations against the
excesses of the English privateers, by procuring an act of parliament,
which laid them under proper restrictions, gave him a good title to the
same regard on the part of their high mightinesses. He reminded them
that their trading towns felt the good effects of these restrictions;
and that the freedom of navigation which their subjects enjoyed amidst
the troubles and distractions of Europe, had considerably augmented
their commerce. He observed, that some return ought to be made to such
solid proofs of the king’s friendship and moderation; at least, the
merchants, who were so ready to complain of England, ought not to be
countenanced in excesses which would have justified the most rigorous
examination of their conduct. He recalled to their memories that, during
the course of the present war, the king had several times appealed to
their high mightinesses, and to their ministers, on the liberty they had
given to carry stores through the fortresses of the republic for the use
of France, to invade the British dominions; and though his majesty had
passed over in silence many of these instances of complaisance to his
enemy, he was no less sensible of the injury; but he chose rather to be
a sufferer himself, than to increase the embarrassment of his neighbours
or extend the flames of war. He took notice that even the court of
Vienna had, upon more than one occasion, employed its interest with
their high mightinesses, and lent its name to obtain passes for warlike
stores and provisions for the French troops, under colour of the
barrier-treaty, which it no longer observed; nay, after having put
France in possession of Ostend and Nieuport, in manifest violation of
that treaty, and without any regard to the rights which they and the
king his master had acquired in that treaty, at the expense of so much
blood and treasure.
A COUNTER-MEMORIAL PRESENTED BY THE FRENCH MINISTER.
This memorial seems to have made some impression on the states-general,
as they scrupled to allow the artillery and stores belonging to the
French king to be removed from Amsterdam; but these scruples vanished
entirely on the receipt of a counter-memorial presented by the count
d’Affrey, the French ambassador, who mingled some effectual threats with
his expostulation. He desired them to remember, that, during the whole
course of the war, the French king had required nothing from their
friendship that was inconsistent with the strictest impartiality; and,
if he had deviated from the engagements subsisting between him and
the republic, it was only by granting the most essential and lucrative
favours to the subjects of their high mightinesses. He observed, that
the English, notwithstanding the insolence of their behaviour to the
republic, had derived, on many occasions, assistance from the protection
their effects had found in the territories of the United Provinces; that
the artillery, stores, and ammunition belonging to Wessel were deposited
in their territories, which the Hanoverian army in passing the Rhine had
very little respected; that when they repassed that river, they had no
other way of saving their sick and wounded from the hands of the French,
than by embarking them in boats, and conveying them to places where
the French left them unmolested, actuated by their respect for the
neutrality of the republic; that part of their magazines was still
deposited in the towns of the United Provinces, where also the enemies
of France had purchased and contracted for very considerable quantities
of gunpowder. He told them that, though these and several other
circumstances might have been made the subject of the justest
complaints, the king of France did not think it proper to require that
the freedom and independency of the subjects of the republic should be
restrained in branches of commerce that were not inconsistent with
its neutrality, persuaded that the faith of an engagement ought to be
inviolably preserved, though attended with some accidental and transient
disadvantages. He gave them to understand, that the king his master had
ordered the generals of his army carefully to avoid encroaching on the
territory of the republic, and transferring thither the theatre of the
war, when his enemies retreated that way before they were forced to
pass the Ehine. After such unquestionable marks of regard, he said,
his king would have the justest ground of complaint, if, contrary to
expectation, he should hear that the artillery and stores belonging to
him were detained at Amsterdam. Thirdly, he declared that such detention
would be construed as a violation of the neutrality; and demanded, in
the name of the king his master, that the artillery and stores should,
without delay, be forwarded to Flanders by the canals of Amsterdam and
the inland navigation. This last argument was so conclusive, that they
immediately granted the necessary passports; in consequence of which the
cannon were conveyed to the Austrian Netherlands.
DEATH OF THE KING OF SPAIN.
The powers in the southern parts of Europe were too much engrossed with
their own concerns, to interest themselves deeply in the quarrels
that distracted the German empire. The king of Spain, naturally of a
melancholy complexion and delicate constitution, was so deeply affected
with the loss of his queen, who died in the course of the preceding
year, that he renounced all company, neglected all business, and immured
himself in a chamber at Villa-Viciosa, where he gave a loose to the most
extravagant sorrow. He abstained from food and rest until his strength
was quite exhausted. He would neither shift himself, nor allow his beard
to be shaved; he rejected all attempts of consolation; and remained
deaf to the most earnest and respectful remonstrances of those who had
a right to render their advice. In this case, the affliction of the mind
must have been reinforced by some peculiarity in the constitution. He
inherited a melancholy taint from his father, and this seems to have
been dreaded as a family disease; for the infant don Louis, who likewise
resided in the palace of Villa-Viciosa, was fain to amuse himself with
hunting and other diversions, to prevent his being infected with the
king’s disorder, which continued to gain ground notwithstanding all the
efforts of medicine. The Spanish nation, naturally superstitious, had
recourse to saints and relics; but they seemed insensible to all their
devotion. The king, however, in the midst of all his distress, was
prevailed upon to make his will, which was written by the count de
Valparaiso, and signed by the duke de Bejar, high-chancellor of the
kingdom. The exorbitancy of his grief, and the mortifications he
underwent, soon produced an incurable malady, under which he languished
from the month of September in the preceding year till the tenth of
August in the present, when he expired. In his will he had appointed his
brother don Carlos, king of Naples, successor to the crown of Spain; and
nominated the queen-dowager as regent of the kingdom until that prince
should arrive. Accordingly, she assumed the reins of government, and
gave directions for the funeral of the deceased king, who was interred
with great pomp in the church belonging to the convent of the Visitation
at Madrid.
DON CARLOS SUCCEEDS TO THE KINGDOM OF SPAIN.
As the death of this prince had been long expected, so the politicians
of Europe had universally prognosticated that his demise would be
attended with great commotions in Italy. It had been agreed among the
subscribing powers to the treaty of Aix-la-Chapelle, that in case don
Carlos should be advanced in the course of succession to the throne
of Spain, his brother don Philip should succeed him on the throne of
Naples; and the duchies of Parma, Placentia, and Guastalla, which now
constituted his establishment, should revert to the house of Austria.
The king of Naples had never acceded to this article; therefore he paid
no regard to it on the death of his elder brother, but retained both
kingdoms, without minding the claims of the empress-queen, who he knew
was at that time in no condition to support her pretensions. Thus the
German war proved a circumstance very favourable to his interest
and ambition. Before he embarked for Spain, however, he took some
extraordinary steps, which evinced him a sound politician and sagacious
legislator. His eldest son don Philip, who had now attained the
thirteenth year of his age, being found in a state of incurable
idiotism [529] _[See note 4 F, at the end of this Vol.]_, he wisely and
resolutely removed him from the succession, without any regard to the
pretended right of primogeniture, by a solemn act of abdication, and the
settlement of the crown of the two Sicilies in favour of his third son
don Ferdinand. In this extraordinary act he observes, that according
to the spirit of the treaties of this age, Europe required that the
sovereignty of Spain should be separated from that of Italy, when such
a separation could be effected, without transgressing the rules of
justice: that the unfortunate prince-royal having been destitute of
reason and reflection ever since his infancy, and no hope remaining that
he could ever acquire the use of these faculties, he could not think
of appointing him to the succession, how agreeable soever such a
disposition might be to nature and his paternal affection: he was
therefore constrained, by the Divine will, to set him aside in favour
of his third son don Ferdinand, whose minority obliged him to vest the
management of these realms in a regency, which he accordingly appointed,
after having previously declared his son Ferdinand from that time
emancipated and freed, not only from all obedience to his paternal
power, but even from all submission to his supreme and sovereign
authority. He then declared that the minority of the prince succeeding
to the kingdom of the Two Sicilies should expire with the fifteenth year
of his age, when he should act as sovereign, and have the entire power
of the administration. He next established and explained the order of
succession in the male and female line; on condition that the monarchy
of Spain should never be united with the kingdoms of the Two Sicilies.
Finally, he transferred and made over to the said don Ferdinand these
kingdoms, with all that he possessed in Italy; and this ordinance,
signed and sealed by himself and the infant don Ferdinand, and
countersigned by the counsellors and secretaries of state, in quality
of members of the regency, received all the usual forms of authenticity.
Don Carlos having taken these precautions for the benefit of his third
son, whom he left king of Naples, embarked with the rest of his family
on board a squadron of Spanish ships, which conveyed him to Barcelona.
There he landed in the month of October, and proceeded to Madrid; where,
as king of Spain, he was received amid the acclamations of his people.
He began his reign, like a wise prince, by regulating the interior
economy of his kingdom; by pursuing the plan adopted by his predecessor;
by retaining the ministry under whose auspices the happiness and
commerce of his people had been extended; and with respect to the
belligerent powers, by scrupulously adhering to that neutrality from
whence these advantages were in a great measure derived.
DETECTION AND PUNISHMENT OF THE CONSPIRATORS AT LISBON.
While he serenely enjoyed the blessings of prosperity, his neighbour the
king of Portugal was engrossed by a species of employment, which, of
all others, must be the most disagreeable to a prince of sentiment,
who loves his people; namely, the trial and punishment of those
conspirators, by whose atrocious attempt his life had been so much
endangered. Among these were numbered some of the first noblemen of the
kingdom, irritated by disappointed ambition, inflamed by bigotry,
and exasperated by revenge. The principal conspirator, don Joseph
Mascarenhas and Lencastre, duke de Aveiro, marquis of Torres Novas,
and conde of Santa Cruz, was hereditary lord-steward of the king’s
household, and president of the palace-court, or last tribunal of appeal
in the kingdom, so that he possessed the first office at the palace, and
the second of the realm. Francisco de Assiz, marquis of Tavora, conde
of St. John and Alvor, was general of the horse, and head of the third
noble house of the Tavoras, the most illustrious family in the kingdom,
deriving their original from the ancient kings of Leon: he married his
kinswoman, who was marchioness of Tavora in her own right, and by this
marriage acquired the marquisate. Louis Bernardo de Tavora was their
eldest son, who, by virtue of a dispensation from the pope, had espoused
his own aunt, donna Theresa de Tavora. Joseph Maria de Tavora, his
youngest brother, was also involved in the guilt of his parents.
The third principal concerned was don Jeronymo de Attaide, conde of
Attouguia, himself a relation, and married to the eldest daughter of
the marquis of Tavora. The characters of all these personages were
unblemished and respectable, until this machination was detected. In the
course of investigating this dark affair, it appeared that the duke de
Aveiro had conceived a personal hatred to the king, who had disappointed
him in a projected match between his son and a sister of the duke de
Cadaval, a minor, and prevented his obtaining some commanderies which
the late duke de Aveiro had possessed; that this nobleman, being
determined to gratify his revenge against the person of his sovereign,
had exerted all his art and address in securing the participation of the
malecontents; that with this view he reconciled himself to the Jesuits,
with whom he had been formerly at variance, knowing they were at this
time implacably incensed against the king, who had dismissed them from
their office of penitentiaries at court, and branded them with other
marks of disgrace, on account of their illegal and rebellious practices
in South America: the duke, moreover, insinuated himself into the
confidence of the marchioness of Tavora, notwithstanding an inveterate
rivalship of pride and ambition, which had long subsisted between
the two families. Her resentment against the king was inflamed by the
mortification of her pride in repeated repulses, when she solicited the
title of duke for her husband. Her passions were artfully fomented and
managed by the Jesuits, to whom she had resigned the government of her
conscience; and they are said to have persuaded her, that it would be a
meritorious action to take away the life of a prince who was an enemy
to the church, and a tyrant to his people. She, being reconciled to the
scheme of assassination, exerted her influence in such a manner as to
inveigle her husband, her sons and son-in law, into the same infamous
design: and yet this lady had been always remarkable for her piety,
affability, and sweetness of disposition. Many consultations were held
by the conspirators at the colleges of the Jesuits, St. Autoa and St.
Roque, as well as at the houses of the duke and the marquis; at last
they resolved that the king should be assassinated, and employed
two ruffians, called Antonio Alvarez and Joseph Policarpio, for the
execution of this design, the miscarriage of which we have related among
the transactions of the preceding year. In the beginning of January,
before the circumstances of the conspiracy were known, the counts
de Oberas and de Ribeira Grande were imprisoned in the castle of St.
Julian, on a suspicion arising from their freedom of speech. The duchess
de Aveiro, the countess of Attouguia, and the marchioness of Alorna,
with their children, were sent to different nunneries; and eight Jesuits
were taken into custody. A council being appointed for the trial of the
prisoners, the particulars we have related were brought to light by
the torture; and sentence of death was pronounced and executed upon the
convicted criminals. Eight wheels were fixed upon a scaffold raised in
the square opposite to the house where the prisoners had been confined;
and the thirteenth of January was fixed for the day of execution.
Antonio Alvarez Ferreira, one of the assassins who had fired into the
king’s equipage, was fixed to a stake at one corner of the scaffold; and
at the other was placed the effigy of his accomplice, Joseph Policarpio
de Azevedo, who had made his escape. The marchioness of Tavora, being
brought upon the scaffold between eight and nine in the morning, was
beheaded at one stroke, and then covered with a linen cloth. Her two
sons, and her son-in-law, the count of Attouguia, with three servants
of the duke de Aveiro, were first strangled at one stake, and afterwards
broke upon wheels, where their bodies remained covered; but the duke
and the marquis, as chiefs of the conspiracy, were broken alive, and
underwent the most excruciating torments. The last that suffered was
the assassin Alvarez, who being condemned to be burned alive, the
combustibles which had been placed on the scaffold were set on fire,
the whole machine with their bodies consumed to ashes, and these ashes
thrown into the sea. The estates of the three unfortunate noblemen were
confiscated, and their dwelling-houses razed to the ground. The name
of Tavora was suppressed for ever by a public decree; but that of
Mascarenhas spared, because the duke de Aveiro was a younger branch of
the family. A reward of ten thousand crowns was offered to any person
who should apprehend the assassin who had escaped: then the embargo was
taken off the shipping. The king and royal family assisted at a public
_Te Deum_, sung in the chapel of Nossa Senhoro de Livramento; on
which occasion the king, for the satisfaction of his people, waved his
handkerchief with both hands, to show he was not maimed by the wounds he
had received. If such an attempt upon the life of a king was infamously
cruel and perfidious, it must be owned that the punishment inflicted
upon the criminals was horrible to human nature. The attempt itself was
attended with some circumstances that might have staggered belief, had
it not appeared but too plain that the king was actually wounded. One
would imagine that the duke de Aveiro, who was charged with designs on
the crown, would have made some preparation for taking advantage of
the confusion and disorder which must have been produced by the king’s
assassination; but we do not find that any thing of this nature was
premeditated. It was no more than a desperate scheme of personal
revenge, conceived without caution, and executed without conduct; a
circumstance the more extraordinary, if we suppose the conspirators were
actuated by the councils of the Jesuits, who have been ever famous for
finesse and dexterity. Besides, the discovery of all the particulars
was founded upon confession extorted by the rack, which at best is a
suspicious evidence. Be that as it will, the Portuguese government,
without waiting for a bull from the pope, sequestered all the
estates and effects of the Jesuits in that kingdom, which amounted to
considerable sums, and reduced the individuals of the society to a very
scanty allowance. Complaint of their conduct having been made to the
pope, he appointed a congregation to examine into the affairs of the
Jesuits in Portugal. In the meantime the court of Lisbon ordered a
considerable number of them to be embarked for Italy, and resolved
that no Jesuits should hereafter reside within its realms. When these
transports arrived at Civita-Vecchia, they were, by the pope’s order,
lodged in the Dominican and Capuchin convents of that city, until proper
houses could be prepared for their reception at Tivoli and Frescati. The
most guilty of them, however, were detained in close prison in Portugal;
reserved, in all probability, for a punishment more adequate to their
enormities.
SESSION OPENED IN ENGLAND.
England still continued to enjoy the blessings of peace, even amidst the
triumphs of war. In the month of November the session of parliament was
opened by commission; and, the commons attending in the house of peers,
the lord-keeper harangued the parliament to this effect:--He gave
them to understand that his majesty had directed him to assure them,
that he thought himself peculiarly happy in being able to convoke them
in a situation of affairs so glorious to his crown, and advantageous
to his kingdoms: that the king saw and devoutly adored the hand of
Providence, in the many signal successes, both by sea and land, with
which his arms had been blessed in the course of the last campaign:
that he reflected with great satisfaction on the confidence which the
parliament had placed in him, by making such ample provisions, and
intrusting him with such extensive powers for carrying on a war, which
the defence of their valuable rights and possessions, together with the
preservation of the commerce of his people, had rendered both just and
necessary. He enumerated the late successes of the British arms--the
reduction of Goree on the coast of Africa; the conquest of so many
important places in America; the defeat of the French army in Canada;
the reduction of their capital city of Quebec, effected with so much
honour to the courage and conduct of his majesty’s officers and forces;
the important advantage obtained by the British squadron off Cape Lagos,
and the effectual blocking up for so many months the principal part of
the French navy in their own harbours: events which must have filled the
hearts of all his majesty’s faithful subjects with the sincerest joy;
and convinced his parliament that there had been no want of vigilance
or vigour on his part, in exerting those means which they, with so much
prudence and public-spirited zeal, had put into his majesty’s hands. He
observed, that the national advantages had extended even as far as the
East-Indies, where, by the Divine blessing, the dangerous designs of his
majesty’s enemies had miscarried, and that valuable branch of commerce
had received great benefit and protection; that the memorable victory
gained over the French at Minden had long made a deep impression on the
minds of his majesty’s people: that if the crisis in which the battle
was fought, the superior number of the enemy, the great and able
conduct of his majesty’s general, prince Ferdinand of Brunswick, were
considered, that action must be the subject of lasting admiration and
thankfulness: that if any thing could fill the breasts of his majesty’s
good subjects with still further degrees of exultation, it would be
the distinguished and unbroken valour of the British troops, owned and
applauded by those whom they overcame. He said the glory they had gained
was not merely their own; but, in a national view, was one of the
most important circumstances of our success, as it must be a striking
admonition to our enemies with whom they have to contend. He told them
that his majesty’s good brother and ally, the king of Prussia, attacked
and surrounded by so many considerable powers, had, by his magnanimity
and abilities, and the bravery of his troops, been able, in a surprising
manner, to prevent the mischiefs concerted with such united force
against him. He declared, by the command of his sovereign, that as his
majesty entered into this war not from views of ambition, so he did not
wish to continue it from motives of resentment: that the desire of
his majesty’s heart was to see a stop put to the effusion of Christian
blood: that whenever such terms of peace could be established as should
be just and honourable for his majesty and his allies; and by procuring
such advantages as, from the successes of his majesty’s arms, might in
reason and equity be expected should bring along with them full security
for the future; his majesty would rejoice to see the repose of Europe
restored on such solid and durable foundations; and his faithful
subjects, to whose liberal support and unshaken firmness his majesty
owed so much, happy in the enjoyment of the blessings of peace and
tranquillity: but, in order to this great and desirable end, he said his
majesty was confident the parliament would agree with him, that it was
necessary to make ample provision for carrying on the war, in all parts,
with the utmost vigour. He assured the commons, that the great supplies
they had granted in the last session of parliament, had been faithfully
employed for the purposes for which they were granted; but the uncommon
extent of the war, and the various services necessary to be provided
for, in order to secure success to his majesty’s measures, had
unavoidably occasioned extraordinary expenses. Finally, he repeated the
assurances from the throne, of the high satisfaction his majesty took
in that union and good harmony which was so conspicuous among his good
subjects; he said, his sovereign was happy in seeing it continued and
confirmed; he observed that experience had shown how much the nation
owed to this union, which alone could secure the true happiness of his
people.
{GEORGE II. 1727-1760}
SUBSTANCE OF THE ADDRESSES.
We shall not anticipate the reader’s own reflection, by pretending to
comment upon either the matter or form of this harangue, which however
produced all the effect which the sovereign could desire. The houses, in
their respective addresses, seemed to vie with each other in expressions
of attachment and complacency. The peers professed their utmost
readiness to concur in the effectual support of such further measures
as his majesty, in his great wisdom, should judge necessary or expedient
for carrying on the war with vigour in all parts, and for disappointing
and repelling any desperate attempts which might be made upon these
kingdoms. The commons expressed their admiration of that true
greatness of mind which disposed his majesty’s heart, in the midst of
prosperities, to wish a stop put to the effusion of Christian blood, and
to see tranquillity restored. They declared their entire reliance on
his majesty’s known wisdom and firmness, that this desirable object,
whenever it should be obtained, would be upon teems just and honourable
for his majesty and his allies; and, in order to effect that great end,
they assured him they would cheerfully grant such supplies as should
be found necessary to sustain, and press with effect, all his extensive
operations against the enemy. They did not fail to re-echo the speech,
as usual; enumerating the trophies of the year, and extolling the king
of Prussia for his consummate genius, magnanimity, unwearied activity,
and unshaken constancy of mind. Very great reason, indeed, had his
majesty to be satisfied with an address of such a nature, from a
house of commons in which opposition lay strangled at the foot of
the minister; in which those demagogues, who had raised themselves to
reputation and renown by declaiming against continental measures,
were become so perfectly reconciled to the object of their former
reprobation, as to cultivate it even with a degree of enthsiasm
unknown to any former administration, and lay the nation under such
contributions in its behalf, as no other ministry durst ever meditate.
Thus disposed, it was no wonder they admired the moderation of their
sovereign in offering to treat of peace, after above a million of men
had perished by the war, and twice that number been reduced to misery;
after whole provinces had been depopulated, whole-countries subdued, and
the victors themselves almost crushed by the trophies they had gained.
Immediately after the addresses were presented, the commons resolved
themselves into a committee of the whole house; and having unanimously
voted a supply to his majesty, began to take the particulars into
consideration. This committee was continued till the twelfth of May,
when that whole business was accomplished. For the service of the
ensuing year they voted seventy thousand seamen, including eighteen
thousand three hundred and fifty-five marines, and for their maintenance
allotted three millions six hundred and forty thousand pounds. The
number of land-forces, including the British troops in Germany, and the
invalids, they fixed at fifty-seven thousand two hundred and ninety-four
men, and granted for their subsistence one million three hundred and
eighty-three thousand seven hundred and forty-eight pounds and tenpence.
For maintaining other forces in the plantations, Gibraltar, Guadaloupe,
Africa, and the East Indies, they allowed eight hundred forty-six
thousand one hundred and sixty-eight pounds, nineteen shillings: for the
expense of four regiments on the Irish establishment, serving in North
America, they voted thirty-five thousand seven hundred and forty-four
pounds, eight shillings and fourpence. For pay to the general
and general staff officers, and officers of the hospital for the
land-forces, they assigned fifty-four thousand four hundred and
fifty-four pounds, eleven shillings and ninepence. They voted for
the expense of the militia in South and North Britain, the sum of one
hundred two thousand and six pounds, four shillings and eightpence. They
granted for the maintenance of thirty-eight thousand seven hundred and
fifty men, being the troops of Hanover, Wolfenbuttle, Saxe-Gotha, and
Buckebourg, retained in the service of Great Britain, the sum of four
hundred forty-seven thousand eight hundred and eighty-two pounds, ten
shillings and fivepence halfpenny; and for nineteen thousand Hessian
troops, in the same pay, they gave three hundred sixty-six thousand
seven hundred and twenty-five pounds, one shilling and sixpence. They
afterwards bestowed the sum of one hundred eight thousand and twelve
pounds, twelve shillings and sevenpence, for defraying the additional
expense of augmentations in the troops of Hanover and Hesse, and the
British army serving in the empire. For the ordinary of the navy,
including half-pay to sea-officers; for carrying on the building of
two hospitals, one near Gosport, and the other in the neighbourhood of
Plymouth; for the support of the hospital at Greenwich; for purchasing
ground, erecting wharfs and other accommodations necessary for
refitting the fleets at Halifax in Nova-Scotia; for the charge of the
office of ordnance, and defraying the extraordinary expense incurred by
that office in the course of the last year, they allowed seven hundred
eighty-one thousand four hundred and eighty-nine pounds, six shillings
and sixpence. Towards paying off the navy debt, buildings, re-buildings,
and repairs of the king’s ships, together with the charges of transport
service, they granted one million seven hundred and one thousand
seventy-eight pounds, sixteen shillings and sixpence. For defraying
the extraordinary expenses of the land-forces and other services not
provided for by parliament, comprehending the pensions for the widows
of reduced officers, they allotted the sum of nine hundred fifty-five
thousand three hundred and forty-four pounds, fifteen shillings and
fivepence halfpenny. They voted one million to empower his majesty to
discharge the like sum, raised in pursuance of an act made in the last
session of parliament, and charged upon the first aids or supplies to be
granted in this session of parliament. They gave six hundred and seventy
thousand pounds, for enabling his majesty to make good his engagements
with the king of Prussia, pursuant to a new convention between him and
that monarch, concluded on the ninth day of November in the present
year. Fifteen thousand pounds they allowed upon account, towards
enabling the principal officers of his majesty’s ordnance to defray the
necessary charges and expenses of taking down and removing the present
magazine for gunpowder, situated in the neighbourhood of Greenwich, and
of erecting it in some less dangerous situation. Sixty thousand pounds
they gave to enable his majesty to fulfil his engagements With the
landgrave of Hesse-Cassel, pursuant to the separate article of a treaty
between the two powers, renewed in the month of November, the sum to
be paid as his most serene highness should think it most convenient, in
order to facilitate the means by which the landgrave might again fix his
residence in his own dominions, and by his presence give fresh courage
to his faithful subjects. Five hundred thousand pounds they voted upon
account, as a present supply towards defraying the charges of forage,
bread, bread-waggons, train of artillery, wood, straw, provisions,
and contingencies of his majesty’s combined army, under the command of
prince Ferdinand. To the Foundling hospital they granted five thousand
pounds; and fifteen thousand for improving, widening, and enlarging the
passage over and through London bridge. To replace divers sums taken
from the sinking fund, they granted two hundred twenty-five thousand two
hundred and eighty-one pounds, nineteen shillings and fourpence. For the
subsistence of reduced officers, including the allowances to the several
officers and private men of the two troops of horse-guards, and regiment
of horse reduced, and to the superannuated gentlemen of the four troops
of horse-guards, they voted thirty-eight thousand five hundred and
ninety-seven pounds, nine shillings. Upon account, for the support
of the colonies of Nova-Scotia and Georgia, they granted twenty-one
thousand six hundred ninety-four pounds, two shillings and twopence.
For enabling the king to give a proper compensation to the provinces
in North America, for the expenses they might incur in levying and
maintaining troops, according as the vigour and activity of those
respective provinces should be thought by his majesty to merit, they
advanced the sum of two hundred thousand pounds. The East India company
they gratified with twenty thousand pounds, towards enabling them to
defray the expense of a military force in their settlements, in lieu of
a battalion of the king’s troops now returned to Ireland. Twenty-five
thousand pounds were provided for the payment of the out-pensioners of
Chelsea hospital. For subsequent augmentation of the British forces,
since the first estimate of guards and garrisons for the ensuing year
was presented, they allowed one hundred thirty-four thousand one hundred
and thirty-nine pounds, seventeen shillings and fourpence. They further
voted, upon account, towards enabling the governors and guardians of
the Foundling hospital to maintain, educate, and bind apprentice the
children admitted into the said charity, the sum of forty-seven thousand
two hundred and eighty-five pounds. For defraying the expense of
maintaining the militia in South and North Britain, to the twenty-fourth
day of December of the ensuing year, they voted an additional grant of
two hundred ninety thousand eight hundred and twenty-six pounds,
sixteen shillings and eightpence: and, moreover, they granted four-score
thousand pounds, upon account, towards defraying the charge of pay
and clothing of the unembodied militia for the year ending on the
twenty-fifth day of March, in the year one thousand seven hundred and
sixty-one. For reimbursing the colony of New-York, their expenses in
furnishing provisions and stores to the troops raised by them for
his majesty’s service, in the-campaign of the year one thousand seven
hundred and fifty-six, they allowed two thousand nine hundred
and seventy-seven pounds, seven shillings and eightpence; and for
maintaining the British forts and settlements on the coast of Africa,
they renewed the grant of ten thousand pounds. For the maintenance and
augmentation of the troops of Brunswick in the pay of Great Britain
for the ensuing year, pursuant to an ulterior convention concluded and
signed at Paderborn on the fifth day of March, in the year one thousand
seven hundred and sixty, they granted the sum of ninety thousand seven
hundred and sixty-nine pounds, eight shillings and elevenpence farthing;
and for the troops of Hesse-Cassel in the same pay, during the same
period, they allotted one hundred and one thousand and ninety-six
pounds, three shillings and twopence. For the extraordinary expenses of
the land-forces, and other services, incurred from the twenty-fourth
day of November in the present year, to the twenty-fourth of December
following, and not-provided for, they granted the sum of four hundred
twenty thousand one hundred and twenty pounds, one shilling. To make
good the deficiency of the grants for the service of this present year,
one thousand seven hundred and fifty-nine, they assigned the sum of
seventy-five thousand one hundred and seventy pounds, and threepence
farthing. For printing the journals of the house of commons they gave
five thousand pounds; and six hundred and thirty-four pounds, thirteen
shillings and seven-pence, as interest at the rate of four per centum
per annum, from the twenty-fifth day of August in the present year, to
the same day of April next, for the sum of twenty-three thousand eight
hundred pounds, eleven shillings and elevenpence, remaining in the
office of ordnance, and not paid into the hands of the deputy of the
king’s remembrancer of the court of exchequer, as directed by an act
made in the last session of parliament, to make compensation for lands
and hereditaments purchased for his majesty’s service at Chatham,
Portsmouth, and Plymouth, by reason of doubts and difficulties which
had arisen touching the execution of the said act. For defraying the
extraordinary charge of the mint during the present year, they allowed
eleven thousand nine hundred and forty pounds, thirteen shillings and
ten-pence; and two thousand five hundred pounds upon account, for
paying the debts claimed and sustained upon a forfeited estate in
North Britain. They likewise allowed twelve thousand eight hundred and
seventy-four pounds, fifteen shillings and tenpence, for defraying the
charge of a regiment of light-dragoons, and of an additional company to
the corps commanded by lieutenant-colonel Vaughan. Finally, they voted
one million upon account, to enable the king to defray any extraordinary
expenses of the war, incurred, or to be incurred, for the service of the
year one thousand seven hundred and sixty; and to take all such measures
as might be necessary to defeat any enterprise or design of his enemies,
as the exigency of affairs might require. On the whole, the sum total
granted in this session of parliament amounted to fifteen millions five
hundred and three thousand five hundred and sixty-three pounds, fifteen
shillings and ninepence halfpenny: a sum so enormous, whether we
consider the nation that raised it, or the purposes for which it was
raised, that every Briton of a sedate mind, attached to the interest and
welfare of his country, must reflect upon it with equal astonishment and
concern: a sum considerably more than double the largest subsidy that
was granted in the reign of queen Anne, when the nation was in the
zenith of her glory, and retained half the powers of Europe in her pay:
a sum almost double of what any former administration durst have asked:
and near double of what the most sanguine calculators, who lived in the
beginning of this century, thought the nation could give without the
most imminent hazard of immediate bankruptcy. Of the immense supply
which we have particularized, the reader will perceive that two millions
three hundred forty-four thousand four hundred and eighty-six pounds,
sixteen shillings and sevenpence three farthings, were paid to
foreigners for supporting the war in Germany, exclusive of the money
expended by the British troops in that country, the number of which
amounted, in the course of the ensuing year, to twenty thousand men: a
number the more extraordinary, if we consider they were all transported
to that continent during the administration of those who declared in
parliament (the words still sounding in our ears) that not a man, nor
even half a man, should be sent from Great Britain to Germany, to fight
the battles of any foreign elector. Into the expense of the German
war sustained by Great Britain, we must also throw the charge of
transporting the English troops; the article of forage, which alone
amounted, in the course of the last campaign, to one million two hundred
thousand pounds, besides pontage, waggons, horses, and many other
contingencies. To the German war we may also impute the extraordinary
expense incurred by the actual service of the militia, which the absence
of the regular troops rendered in a great measure necessary; and the
loss of so many hands withdrawn from industry, from husbandry, and
manufacture. The loss sustained by this connexion was equally grievous
and apparent; the advantage accruing from it, either to Britain or
Hanover, we have not discernment sufficient to perceive, consequently
cannot be supposed able to explain.
The committee of ways and means, having duly deliberated on the articles
of supply, continued sitting from the twenty-second day of November
to the fourteenth of May, during which period they established the
necessary funds to produce the sums which had been granted. The land-tax
at four shillings in the pound, and the malt-tax, were continued, as
the standing revenue of Great Britain. The whole provision made by the
committee of ways and means amounted to sixteen millions one hundred
thirty thousand five hundred and sixty-one pounds, nine shillings
and eightpence, exceeding the grants for the service of the year one
thousand seven hundred and sixty, in the sum of six hundred twenty-six
thousand nine hundred ninety-seven pounds, thirteen shillings and
tenpence halfpenny. This excess, however, will not appear extraordinary,
when we consider that it was destined to make good the premium of two
hundred and forty thousand pounds to the subscribers upon the eight
million loan, as well as the deficiencies in the other grants, which
never fail to make a considerable article in the supply of every
session. That these gigantic strides towards the ruin of public credit
were such as might alarm every well-wisher to his country, will perhaps
more plainly appear in the sum total of the national debt, which,
including the incumbrance of one million charged upon the civil-list
revenue, and provided for by a tax upon salaries and pensions payable
out of that revenue, amounted, at this period, to the tremendous sum
of one hundred eight millions four hundred ninety-three thousand one
hundred and fifty-four pounds, fourteen shillings and elevenpence one
farthing.--A comfortable reflection this to a people involved in the
most expensive war that ever was waged, and already burdened with such
taxes as no other nation ever bore!
It is not at all necessary to particularize the acts that were founded
upon the resolutions touching the supply. We shall only observe that, in
the act for the land-tax, and in the act for the malt-tax, there was a
clause of credit, empowering the commissioners of the treasury to raise
the money which they produced by loans on exchequer bills, bearing an
interest of four per cent, per annum, that is, one per cent, higher
than the interest usually granted in time of peace. While the house
of commons deliberated on the bill for granting to his majesty several
duties upon malt, and for raising a certain sum of money to be charged
on the said duties, a petition was presented by the maltsters of Ipswich
and parts adjacent against an additional duty on the stock of malt in
hand: but no regard was paid to this remonstrance; and the bill, with
several new amendments, passed through both houses, under the title of
“An act for granting to his majesty several duties upon malt, and for
raising the sum of eight millions by way of annuities and a lottery, to
be charged on the said duties: and to prevent the fraudulent obtaining
of allowances in the gauging of corn making into malt; and for making
forth duplicates of exchequer-bills, tickets, certificates, receipts,
annuity orders, and other orders lost, burned, or otherwise destroyed.”
The other three bills that turned wholly on the supply were passed
in common course, without the least opposition in either house, and
received the royal assent by commission at the end of the session. The
first of these, entitled, “A bill for enabling his majesty to raise
a certain sum of money for the uses and purposes therein mentioned,”
contained a clause of approbation, added to it by instruction; and the
Bank was enabled to lend the million which the commissioners of the
treasury were empowered by the act to borrow, at the interest of four
pounds per cent. The second, granting to his majesty a certain sum of
money out of the sinking-fund, for the service of the year one thousand
seven hundred and sixty, comprehended a clause of credit for borrowing
the money thereby granted; and another clause, empowering the Bank to
lend it without any limitation or interest; and the third, enabling his
majesty to raise a certain sum of money towards discharging the debt of
the navy, and for naval services during the ensuing year, enacted, that
the exchequer bills thereby to be issued should not be received, or pass
to any receiver or collector of the public revenue, or at the receipt
of the exchequer, before the twenty-sixth day of March, in the year one
thousand seven hundred and sixty-one.
PETITIONS RESPECTING THE PROHIBITION OF THE MALT DISTILLERY.
As the act of the preceding session, prohibiting the malt distillery,
was to expire at Christmas, the commons thinking it necessary to
consider of proper methods for laying the malt distillery under such
regulations as might prevent, if possible, its being prejudicial to the
health and morals of the people, began as early as the month of November
to deliberate on this affair; which being under agitation, petitions
were presented to the house by several of the principal inhabitants of
Spital-fields; the mayor and commonalty of New Sarum; the gentlemen,
clergy, merchants, manufacturers, tradesmen, and other inhabitants of
Colchester; the mayor, aldermen, and common council of King’s Lynn in
Norfolk; the mayor and bailiffs of Berwick-upon-Tweed; representing the
advantages accruing from the prohibition of the malt distillery, and
praying the continuance of the act by which it was prohibited. On the
other hand, counter-petitions were offered by the mayor, magistrates,
merchants, manufacturers, and other gentlemen of the city of Norwich; by
the land-owners and holders of the south-west part of Essex; and by
the freeholders of the shires of Ross and Cromartic, in North Britain;
alleging, that the scarcity of corn, which had made it necessary to
prohibit the malt distillery, had ceased; and that the continuing the
prohibition beyond the necessity which had required it would be a great
loss and discouragement to the landed interest: they therefore prayed
that the said distillery might be again opened, under such regulations
and restrictions as the house should think proper. These remonstrances
being taken into consideration, and divers accounts perused, the house
unanimously agreed that the prohibition should be continued for a
limited time; and a bill being brought in, pursuant to this resolution,
passed through both houses, and received the royal assent; by which
means the prohibition of the malt distillery was continued till the
twenty-fourth day of December, in the year one thousand seven hundred
and sixty, unless such continuation should be abridged by any other act
to be passed in the present session.
OPPOSITION TO THE BILL FOR PREVENTING THE EXCESSIVE USE OF SPIRITS.
The committee, having examined a great number of accounts and papers
relating to spirituous liquors, agreed to four resolutions, importing,
that the present high price of spirituous liquors is a principal cause
of the diminution in the home consumption thereof, and hath greatly
contributed to the health, sobriety, and industry of the common people:
that, in order to continue for the future the present high price of all
spirits used for home consumption, a large additional duty should
be laid upon all spirituous liquors whatsoever, distilled within or
imported into Great Britain: that there should be a drawback of the
said additional duties upon all spirituous liquors distilled in Great
Britain, which should be exported; and that an additional bounty
should be granted under proper regulations, upon the exportation of
all spirituous liquors drawn from corn in Great Britain. A great
many accounts being perused, and witnesses examined, relating to the
distillery, a bill was brought in to prevent the excessive use of
spirituous liquors, by laying an additional duty thereupon; and
to encourage the exportation of British-made spirits. Considerable
opposition was made to the bill, on the opinion that the additional duty
proposed was too small; and that, among the resolutions, there was
not so much as one that looked like a provision or restriction for
preventing the pernicious abuse of such liquors. Nay, many persons
affirmed, that what was proposed looked more like a scheme for
increasing the public revenues, than a salutary measure to prevent
excess. The merchants and manufacturers of the town of Birmingham
petitioned for such instructions. The lord-mayor, aldermen, and
common-council of London presented a petition by the hands of the two
sheriffs, setting forth, that the petitioners had, with great pleasure,
observed the happy consequences produced upon the morals, behaviour,
industry, and health of the lower class of people, since the prohibition
of the malt distillery; that the petitioners, having observed a bill
was brought in to allow the distilling of spirits from corn, were
apprehensive that the encouragement given to the distillers thereof
would prove detrimental to the commercial interests of the nation;
and they conceived the advantages proposed to be allowed upon the
exportation of such spirits, being so much above the value of their
commodity, would lay such a temptation for smuggling and perjury as no
law could prevent. They expressed their fears, that, should such a bill
pass into a law, the excessive use of spirituous liquors would not only
debilitate and enervate the labourers, manufacturers, sailors, soldiers,
and all the lower class of people, and thereby extinguish industry, and
that remarkable intrepidity which had lately so eminently appeared in
the British nation, which must always depend on the vigour and industry
of its people; but also its liberty and happiness, which cannot be
supported without temperance and morality, would run the utmost risk of
being destroyed. They declared themselves also apprehensive, that the
extraordinary consumption of bread corn by the still would not only
raise the price, so as to oppress the lower class of people, but would
raise such a bar to the exportation thereof, as to deprive the nation of
a great influx of money, at that time essential towards the maintaining
of an expensive war, and therefore highly injure the landed and
commercial interests: they therefore prayed that the present prohibition
of distilling spirits from corn might be continued, or that the use
of wheat might not be allowed in distillation. This remonstrance was
corroborated by another to the same purpose, from several merchants,
manufacturers, and traders, residing in and near the city of London; and
seemed to have some weight with the commons, who made several amendments
in the bill, which they now intituled, “A bill for preventing the
excessive use of spirituous liquors, by laying additional duties
thereon; for shortening the prohibition for making low wines and spirits
from wheat; for encouraging the exportation of British-made spirits,
and preventing the fraudulent relanding or importation thereof.” Thus
altered and amended, it passed on a division; and, making its way
through the house of lords, acquired the royal sanction. Whether the
law be adequate to the purposes for which it was enacted, time will
determine. The best way of preventing the excess of spirituous liquors
would be to lower the excise on beer and ale, so as to enable the poorer
class of labourers to refresh themselves with a comfortable liquor
for nearly the same expense that will procure a quantity of Geneva
sufficient for intoxication; for it cannot be supposed that a poor
wretch will expend his last penny upon a draught of small beer, without
strength or the least satisfactory operation, when for the half of that
sum he can purchase a cordial, that will almost instantaneously allay
the sense of hunger and cold, and regale his imagination with the most
agreeable illusions. Malt was at this time sold cheaper than it was in
the first year of king James I. when the parliament enacted, that no
innkeeper, victualler, or alehouse-keeper, should sell less than a
full quart of the best ale or beer, or two quarts of the small, for one
penny, under the penalty of twenty shillings. It appears, then, that in
the reign of king James the subject paid but fourpence for a gallon
of strong beer, which now costs one shilling; and as the malt is not
increased in value, the difference in the price must be entirely owing
to the taxes on beer, malt, and hops, which are indeed very grievous,
though perhaps necessary. The duty on small beer is certainly one of
the heaviest taxes imposed upon any sort of consumption that cannot be
considered as an article of luxury. Two bushels of malt, and two pounds
of hops, are required to make a barrel of good small beer, which was
formerly sold for six shillings; and the taxes payable on such a barrel
amounted to three shillings and sixpence; so that the sum total of the
imposition on this commodity was equal to a land-tax of eleven shillings
and eightpence in the pound.
Immediately after the resolution relating to the prohibition of spirits
from wheat, a motion was made and leave given to bring in a bill to
continue, for a time limited, the act of the last session, permitting
the importation of salted beef from Ireland. This permission was
accordingly extended to the twenty-fourth day of December in the year
one thousand seven hundred and sixty-one. In all probability this short
and temporary continuance was proposed by the favourers of the bill, in
order to avoid the clamour and opposition of prejudice and ignorance,
which would have been dangerously alarmed, had it been rendered
perpetual. Yet as undoubted evidence had proved before the committee,
while the bill was depending, that the importation had been of great
service to England, particularly in reducing the price of salted
beef for the use of the navy, perhaps no consideration ought to have
prevented the legislature from perpetuating the law; a measure that
would encourage the graziers of Ireland to breed and fatten horned
cattle, and certainly put a stop to the practice of exporting salted
beef from that kingdom to France, which undoubtedly furnishes the
traders of that kingdom with opportunities of exporting wool to the same
country.
ATTEMPT TO ESTABLISH A MILITIA IN SCOTLAND.
As several lieutenants of counties had, for various reasons, suspended
all proceedings in the execution of the laws relating to the militia
for limited times, which suspensions were deemed inconsistent with the
intent of the legislature, a bill was now brought in, to enable his
majesty’s lieutenants of the several counties of England and Wales
to proceed in the execution of the militia laws, notwithstanding any
adjournments. It was enacted, that, as the speedy execution of the
laws for regulating the militia was most essentially necessary at this
juncture to the peace and security of the kingdom., every lieutenant of
the place where such suspension had happened should, within one month
after the passing of this act, proceed as if there had been no such
suspension; and summon a meeting for the same purpose once in every
succeeding month until a sufficient number of officers, qualified and
willing to serve, should be found, or until the expiration of the
act for the better ordering the militia forces. The establishment of a
regular militia in South Britain could not fail to make an impression
upon the patriots of Scotland. They were convinced, from reason and
experience, that nothing could more tend to the peace and security
of their country than such an establishment in North Britain, the
inhabitants of which had been peculiarly exposed to insurrections, which
a well-regulated militia might have prevented or stifled in the birth;
and their coast had been lately alarmed by a threatened invasion, which
nothing but the want of such an establishment had rendered formidable to
the natives. They thought themselves entitled to the same security which
the legislature had provided for their fellow-subjects in South Britain,
and could not help being uneasy at the prospect of seeing themselves
left unarmed, and exposed to injuries both foreign and domestic, while
the sword was put in the hands of their southern neighbours. Some of
the members who represented North Britain in parliament, moved by
these considerations, as well as by the earnest injunctions of their
constituents, resolved to make a vigorous effort, in order to obtain
the establishment of a regular militia in Scotland. In the beginning of
March it was moved, and resolved, that the house would, on the twelfth
day of the month, resolve itself into a committee, to consider the
laws in being which relate to the militia in that part of Great
Britain, called Scotland. The result of that inquiry was, that these laws
were ineffectual. Then a motion was made for leave to bring-in a bill
for the better ordering of the militia forces in North Britain, and,
though it met with great opposition, was carried by a large majority.
The principal Scottish members of the house were appointed, in
conjunction with others, to prepare the bill, which was soon printed,
and reinforced by petitions presented by the gentlemen, justices of the
peace, and commissioners of the supply for the shire of Ayr; and by the
freeholders of the shires of Edinburgh, Stirling, Perth, and Forfar.
They expressed their approbation of the established militia in England,
and their ardent wish to see the benefit of that wise and salutary
measure extended to North Britain. This was an indulgence they had the
greater reason to hope for, as by the articles of the union they were
undoubtedly entitled to be on the same footing with their brethren of
England; and as the legislature must now be convinced of the necessity
of some such measures, by the consternation lately produced in their
defenceless country, from the threatened invasion of a handful of French
freebooters. These remonstrances had no weight with the majority in
the house of commons, who, either unable or unwilling to make proper
distinctions between the ill and well affected subjects of North
Britain, rejected the bill, as a very dangerous experiment in favour of
a people among whom so many rebellions had been generated and produced.
When the motion was made for the bill’s being committed, a warm debate
ensued, in the course of which many Scottish members spoke in behalf of
their country with great force of argument, and a very laudable spirit
of freedom. Mr. Elliot, in particular, one of the commissioners of the
board of admiralty, distinguished himself by a noble flow of eloquence,
adorned with all the graces of oratory, and warmed with the true spirit
of patriotism. Mr. Oswald, of the treasury, acquitted himself with great
honour on the occasion; ever nervous, steady, and sagacious, independent
though in office, and invariable in pursuing the interest of his
country. It must be owned, for the honour of North Britain, that all her
representatives, except two, warmly contended for this national measure,
which was carried in the negative by a majority of one hundred and six,
though the bill was exactly modelled by the late act of parliament for
the establishment of the militia in England.
Even this institution, though certainly laudable and necessary, was
attended with so many unforeseen difficulties, that every session of
parliament since it was first established has produced new acts for
its better regulation. In April, leave was given to prepare a bill for
limiting, confining, and better regulating the payment of the weekly
allowances made by act of parliament, for the maintenance of families
unable to support themselves during the absence of militia-men embodied,
and ordered out into actual service; as well as for amending and
improving the establishment of the militia, and lessening the number
of officers entitled to pay within that part of Great Britain, called
England. While this bill was under consideration, the house received
a petition from the mayor, aldermen, town-clerk, sheriffs, gentlemen,
merchants, clergy, tradesmen, and others, inhabitants of the ancient
city of Lincoln, representing, That by an act passed relating to the
militia it was provided, that when any militia-men should be ordered
out into actual service, leaving families unable to support themselves
during their absence, the overseers of the parish where such families
reside, should allow them such weekly support as should be prescribed by
any one justice of the peace, which allowance should be reimbursed out
of the county stock. They alleged, that a considerable number of men,
inhabitants of the said city, had entered themselves to serve in the
militia of the county of Lincoln, as volunteers, for several parishes
and persons; yet their families were, nevertheless, supported by the
county stock of the city and county of the city of Lincoln. They took
notice of the bill under deliberation, and prayed that if it should pass
into a law, they might have such relief in the premises, as to the house
should seem meet. Regard was had to this petition in the amendments to
the bill, [535] _[See note 4 G, at the end of this Vol.]_ which passed
through both houses, and received the royal assent by commission. During
the dependence of this bill another was brought in, to explain so much
of the militia act passed in the thirty-first year of his majesty’s
reign, as related to the money to be given to private militia-men, upon
their being ordered out into actual service. By this law it was enacted,
that the guinea, which by the former act was due to every private man
of every regiment or company of militia, when ordered out into actual
service, should be paid to every man that shall afterwards be enrolled
into such regiment or company whilst in actual service; that no man
should be entitled to his clothes for his own use, until he should have
served three years, if unembodied, or one year, if embodied, after the
delivery of the clothes; and that the full pay of the militia should
commence from the date of his majesty’s warrant for drawing them
out. The difficulties which these successive regulations were made to
obviate, will be amply recompenced by the good effects of a national
militia, provided it be employed in a national way, and for national
purposes: but if the militia are embodied, and the different regiments
that compose it are marched from the respective counties to which
they belong; if the men are detained for any length of time in actual
service, at a distance from their families, when they might be
employed at home in works of industry, for the support of their natural
dependents; the militia becomes no other than an addition to, or
augmentation of, a standing army, enlisted for the term of three years;
the labour of the men is lost to the community; they contract the idle
habits and dissolute manner of the other troops; their families are left
as incumbrances on the community; and the charge of their subsistence
is, at least, as heavy as that of maintaining an equal number of regular
forces. It would not, we apprehend, be very easy to account for the
government’s ordering the regiments of militia to march from their
respective counties, and to do duty for a considerable length of time
at a great distance from their own homes, unless we suppose this measure
was taken to create in the people a disgust to the institution of the
militia, which was an establishment extorted from the secretary by
the voice of the nation. We may add, that some of the inconveniencies
attending a militia will never be totally removed, while the persons
drawn by lot for that service are at liberty to hire substitutes; for it
cannot be supposed that men of substance will incur the danger, fatigue,
and damage of service in person, while they can hire among the lowest
class of people mercenaries of desperate fortune and abandoned morals,
who will greedily seize the opportunity of being paid for renouncing
that labour by which they were before obliged to maintain themselves and
their family connexion: it would, therefore, deserve the consideration
of the legislature, whether the privilege of hiring substitutes should
not be limited to certain classes of men, who are either raised by their
rank in life above the necessity of serving in person, or engaged in
such occupations as cannot be intermitted without prejudice to the
commonwealth. It must be allowed, that the regulation in this new act,
by which the families of substitutes are deprived of any relief from the
parish, will not only diminish the burden of the poor’s rates; but also,
by raising the price of mercenaries, oblige a greater number of the
better sort to serve in person. Without all doubt, the fewer substitutes
that are employed, the more dependence may be placed upon the militia
in the preservation of our rights and privileges, and the more will the
number of the disciplined men be increased; because at the expiration
of every three years the lot-men must be changed, and new militia-men
chosen; but the substitutes will, in all probability, continue for life
in the service, provided they can find lot-men to hire them at every
rotation. The reader will forgive our being so circumstantial upon the
regulations of an institution, which we cannot help regarding with a
kind of enthusiastic affection.
{GEORGE II. 1727-1760}
BILL FOR REMOVING THE POWDER MAGAZINE AT GREENWICH.
In the latter end of November, the house of commons received a petition
from several noblemen, gentlemen, and others, inhabitants of East
Greenwich, and places adjacent, in Kent, representing, that in the said
parish, within a quarter of a mile of the town distinguished by a royal
palace, and royal hospital for seamen, there was a magazine, containing
great quantities of gunpowder, frequently to the amount of six thousand
barrels: that besides the great danger which must attend all places of
that kind, the said magazine stood in an open field uninclosed by any
fortification or defence whatsoever, consequently exposed to treachery
and every other accident. They alleged, that if through treachery,
lightning, or any other accident, this magazine should take fire, not
only their lives and properties, but the palace and hospital, the king’s
yards and stores at Deptford and Woolwich, the banks and navigation of
the Thames, with the ships sailing and at anchor in that river, would
be inevitably destroyed, and inconceivable damage would accrue to the
cities of London and Westminster. They, moreover, observed, that the
magazine was then in a dangerous condition, supported on all sides by
props that were decayed at the foundation; that in case it should
fall, the powder would, in all probability, take fire, and produce
the dreadful calamities above recited: they therefore prayed that the
magazine might be removed to some more convenient place, where any
accident would not be attended with such dismal consequences. The
subject of this remonstrance was so pressing and important, that
a committee was immediately appointed to take the affair into
consideration, and procure an estimate for purchasing lands, and
erecting a powder magazine at Purfleet, in Essex, near the banks of the
river, together with a guard-house, barracks, and all other necessary
conveniences. While the report of the committee lay upon the table for
the perusal of the members, Mr. chancellor of the exchequer, by his
majesty’s command, acquainted the house, that the king, having been
informed of the subject matter of the petition, recommended it to the
consideration of the commons. Leave was immediately given to prepare
a bill, founded on the resolutions of the committee; which having been
duly considered, altered, and amended, passed through both houses to the
foot of the throne, where it obtained the royal sanction. The magazine
was accordingly removed to Purfleet, an inconsiderable and solitary
village, where there will be little danger of accident, and where no
great damage would attend an explosion; but in order to render this
possible explosion still less dangerous, it would be necessary to form
the magazine of small distinct apartments, totally independent of each
other, that in case one should be accidentally blown up, the rest might
stand unaffected. The same plan ought to be adopted in the construction
of all combustible stores subject to conflagration. The marine bill and
mutiny bill, as annual regulations, were prepared in the usual form,
passed both houses without opposition, and received the royal assent.
ACT FOR THE IMPROVEMENT OF THE STREETS OF LONDON.
The next affair that engrossed the deliberation of the commons, was a
measure relating to the internal economy of the metropolis. The sheriffs
of London delivered a petition from the lord mayor, aldermen, and
commons, in common council assembled, representing that several streets,
lanes, and passages within the city of London, and liberties thereof,
were too narrow and incommodious for the passing and repassing as well
of foot passengers as of coaches, carts, and other carriages, to the
prejudice and inconvenience of the owners and inhabitants of houses, and
to the great hinderance of business, trade, and commerce. They alleged
that these defects might be remedied, and several new streets opened
within the said city and liberties, to the great ease, safety, and
convenience of passengers, as well as to the advantage of the public in
general, if they, the petitioners, were enabled to widen and enlarge
the narrow streets, lanes, and passages, to open and lay out such new
streets and ways, and to purchase the several houses, buildings, and
grounds which might be necessary for these purposes. They took notice
that there were several houses within the city and liberties, partly
erected over the ground of other proprietors; and others, of which the
several floors or apartments belonged to different persons, so that
difficulties and disputes frequently arose amongst the said several
owners and proprietors, about pulling down or rebuilding the party walls
and premises; that such rebuilding was often prevented or delayed, to
the great injury and inconvenience of those owners who were desirous to
rebuild; that it would therefore be of public benefit, and frequently
prevent the spreading of the fatal effects of fire, if some provision
were made by law, as well for determining such disputes in a summary
way, as for explaining and amending the laws then in being relating to
the building of party-walls. They therefore prayed that leave might
be given to bring in a bill for enabling the petitioners to widen
and enlarge the several streets, lanes, and passages, and to open new
streets and ways to be therein limited and prescribed, as well as for
determining, in a summary way, all disputes arising about the rebuilding
of houses or tenements within the said city and liberties, wherein
several persons have an intermixed property; and for explaining and
amending the laws in being, relating to these particulars. A committee
being appointed to examine the matter of this petition, agreed to a
report, upon which leave was given to prepare a bill, and this was
brought in accordingly. Next day a great number of citizens represented,
in another petition, that the pavement of the city and liberties was
often damaged, by being broken up for the purposes of amending or
new-laying water-pipes belonging to the proprietors of water-works,
and praying that provision might be made in the bill then depending, to
compel those proprietors to make good any damage that should be done to
the pavement by the leaking or bursting of the water-pipes, or opening
the pavement for alterations. In consequence of this representation,
some amendments were made in the bill, which passed through both houses,
and was enacted into a law, under the title of “An act for widening
certain streets, lanes, and passages, within the city of London and
liberties thereof, and for opening certain new streets and ways within
the same, and for other purposes therein mentioned.” [536] _[See note 4
H, at the end of this Vol.]_
BILL RELATIVE TO THE SALE OF FISH, &c.
The inhabitants of Westminster had long laboured under the want of a
fish-market, and complained that the price of this species of provision
was kept up at an exorbitant rate by the fraudulent combination of a few
dealers, who engrossed the whole market at Billingsgate, and destroyed
great quantities of fish, in order to enhance the value of those that
remained. An act of parliament had passed, in the twenty-second year of
his present majesty’s reign, for establishing a free market for the sale
of fish in Westminster; and, seven years after that period, it was found
necessary to procure a second, for explaining and amending the first.
but neither effectually answered the purposes of the legislature. In
the month of January, of the present session, the house took
into consideration a petition of the several fishermen trading to
Billingsgate market, representing the hardships to which they were
exposed by the said acts; particularly forfeitures of vessels and
cargoes, incurred by the negligence of servants who had omitted to make
the particular entries which the two acts prescribed. This petition
being examined by a committee, and the report being made, leave was
given to bring in a new bill, which should contain effectual provision
for the better supplying the cities of London and Westminster with fish,
and for preventing the abuses of the fishmongers. It was intituled, “A
bill to repeal so much of an act passed in the twenty-ninth of George
II. concerning a free market for fish at Westminster, as requires
fishermen to enter their fishing vessels at the office of the searcher
of the customs at Gravesend, and to regulate the sale of fish at the
first hand in the fish-markets of London and Westminster; and to prevent
salesmen of fish buying fish to sell again on their own account; and to
allow bret and turbot, brill and pearl, although under the respective
dimensions mentioned in a former act, to be imported and sold; and to
punish persons who shall take or sell any spawn, brood, or fry of fish,
unsizeable fish, or fish out of season, or smelts under the size of
five inches, and for other purposes.” Though this, and the former bill
relating to the streets and houses of London, are instances that evince
the care and attention of the legislature, even to minute particulars
of the internal economy of the kingdom, we can hardly consider them as
objects of such dignity and importance as to demand the deliberations of
the parliament, but think they naturally fall within the cognizance of
the municipal magistracy. After all, perhaps, the most effectual method
for supplying Westminster with plenty of fish at reasonable rates, would
be to execute with rigour the laws already enacted against forestalling
and regrating, an expedient that would soon dissolve all monopolies and
combinations among the traders; to increase the number of markets in
London and Westminster, and to establish two general markets at the
Nore, one on each side of the river, where the fishing vessels might
unload their cargoes, and return to sea without delay. A number of light
boats might be employed to convey fresh fish from these marts to
London and Westminster, where all the different fish-markets might be
plentifully supplied at a reasonable expense; for it cannot be supposed
that, while the fresh fish are brought up the river in the fishing
smacks themselves, which can hardly save the tides, to Billingsgate,
they will ever dream of carrying their cargoes above bridge, or that
the price of fish can be considerably lowered, while the fishing vessels
lose so much time in running up to Gravesend or Billingsgate.
ACT FOR ASCERTAINING the QUALIFICATIONS OF MEMBERS OF PARLIAMENT.
The annual committee being appointed to inquire what laws were expired
or near expiring, agreed to certain resolutions; upon which a bill was
prepared, and obtained the royal assent, importing a continuation of
several laws, namely, the several clauses mentioned of the acts in
the fifth and eighth of George I. against the clandestine running of
uncustomed goods, except the clauses relating to quarantine; the act
passed in the third of George II. relating to the carrying rice from
Carolina; the act of the seventh of the same reign, re-fating to
cochineal and indigo; and that of the twelfth of George II. so far as
it related to the importation of printed books. There was also a law
enacted, to continue to the twenty-ninth day of September in the year
one thousand seven hundred and sixty-seven, an act passed in the twelfth
year of queen Anne, for encouraging the making of sail-cloth, by a duty
of one penny per ell laid upon all foreign-made sails and sail-cloth
imported; and a bounty in the same proportion granted upon all home-made
sail-cloth and canvass fit for or made into sails, and exported; another
act was passed, for continuing certain laws relating to the additional
number of one hundred hackney coaches and chairs, which law was rendered
perpetual. The next law we shall mention was intended to be one of the
most important that ever fell under the cognizance of the legislature:
it was a law that affected the freedom, dignity, and independency of
parliaments. By an act, passed in the ninth year of the reign of queen
Anne, it was provided that no person should be chosen a member of
parliament who did not possess in England or Wales an estate, freehold
or copyhold, for life, according to the following qualifications: for
every knight of a shire six hundred pounds per annum, over and above
what will satisfy all incumbrances; and three hundred pounds per annum,
for every citizen, burgess, and baron of the cinque ports. It was also
decreed, that the return of any person not thus qualified should be
void; and that every candidate should, at the reasonable request of any
other candidate at the time of election, or of two or more persons
who had a right to vote, take an oath prescribed to establish his
qualifications. This restraint was by no means effectual. So many oaths
of different kinds had been prescribed since the revolution, that they
began to lose the effect they were intended to have on the minds of men;
and, in particular, political perjury grew so common, that it was no
longer considered as a crime. Subterfuges were discovered, by means
of which this law relating to the qualification of candidates was
effectually eluded. Those who were not actually possessed of such
estates, procured temporary conveyances from their friends and patrons,
on condition of their being restored and cancelled after the election.
By this scandalous fraud the intention of the legislature was
frustrated, the dignity of parliament prostituted, the example of
perjury and corruption extended, and the vengeance of heaven set at
defiance. Through this infamous channel the ministry had it in their
power to thrust into parliament a set of venal beggars, who, as they
depended upon their bounty, would always be obsequious to their will,
and vote according to direction, without the least regard to the
dictates of conscience, or to the advantage of their country. The
mischiefs attending such a vile collusion, and in particular the undue
influence which the crown must have acquired from the practice, were
either felt or apprehended by some honest patriots, who after divers
unsuccessful efforts, at length presented to the house a bill, importing
that every person who shall be elected a member of the house of commons,
should, before he presumed to take his seat, deliver to the clerk of the
house, at the table, while the commons were sitting, and the speaker in
the chair, a paper, or schedule, signed by himself, containing a rental
or particular of the lands, tenements, or hereditaments, whereby he
makes out his qualification, specifying the nature of his estate,
whether messuage, land, rent, tithe, or what else; and if such estate
consists of messuages, lands, or tithes, then specifying in whose
occupation they are; and if in rent, then specifying the names of the
owners or possessors of the lands and tenements out of which such rent
is issuing, and also specifying the parish, township, or precinct and
county, in which the said estate lies, and the value thereof; and
every such person shall, at the same time, also take and subscribe
the following oath, to be fairly written at the bottom of the paper or
schedule: “I, A. B. do swear that the above is a true rental; and that I
truly, and _bona fide_, have such an estate in law or equity, to and
for my own use and benefit, of and in the lands, tenements, or
hereditaments, above described, over and above what will satisfy and
clear all incumbrances that may affect the same; and that such estate
hath not been granted or made over to me fraudulently, on purpose
to qualify me to be a member of this house. So help me God!” It was
provided that the said paper or schedule, with the oath aforesaid,
should be carefully kept by the clerk, to be inspected by the members of
the house of commons, without fee or reward: that if any person elected
to serve in any future parliament, should presume to sit or vote as a
member of the house of commons before he had delivered in such a paper
or schedule, and taken the oath aforesaid, or should not be qualified
according to the true intent or meaning of this act, his election should
be void; and every person so sitting and voting should forfeit a certain
sum to be recovered, by such persons as should sue for the same by
action of debt, bill, plaint, or information, whereon no essoign,
privilege, protection, or wager of law should be allowed, and only one
imparlance: that if any person should have delivered in, and sworn
to his qualification as aforesaid, and taken his seat in the house of
commons, yet at any time after should, during the continuance of such
parliament, sell, dispose of, alien, or any otherwise incumber the
estate, or any part thereof comprised in the schedule, so as to lessen
or reduce the same under the value of the qualification by law directed,
every such person, under a certain penalty, must deliver in a new or
further qualification, according to the true intent and meaning of this
act, and swear to the same, in manner before directed, before he shall
again presume to sit or vote as a member of the house of commons; that
in case any action, suit, or information should be brought, in pursuance
of this act, against any member of the house of commons, the clerk of
the house, shall, upon demand, forthwith deliver a true and attested
copy of the paper or schedule so delivered in to him as aforesaid by
such member to the plaintiff or prosecutor, or his attorney or agent,
on paying a certain sum for the same; which, being proved a true copy,
shall be admitted to be given in evidence upon the trial of any issue
in any such action. Provided always, that nothing contained in this act
shall extend to the eldest son or heir apparent of any peer or lord of
parliament, or of any person qualified to serve as knight of the shire,
or to the members for either of the universities in that part of Great
Britain called England, or to the members of that part of Great Britain
called Scotland. Such was the substance of the bill, as originally
presented to the house of commons; but it was altered in such a manner
as we are afraid will fail in answering the salutary purposes for which
it was intended by those who brought it into the house. Notwithstanding
the provisions made in the act as it now stands, any minister or patron
may still introduce his pensioners, clerks, and creatures into the
house, by means of the old method of temporary conveyance, though the
farce must now be kept up till the member shall have delivered in
his schedule, taken his oath, and his seat in parliament; then he may
deliver up the conveyance, or execute a re-conveyance, without running
any risk of losing his seat, or of being punished for his fraud
and perjury. The extensive influence of the crown, the general
corruptibility of individuals, and the obstacles so industriously thrown
in the way of every scheme contrived to vindicate the independency
of parliaments, must have produced very mortifying reflections in the
breast of every Briton warmed with the genuine love of his country.
He must have perceived that all the bulwarks of the constitution were
little better than buttresses of ice, which would infallibly thaw before
the heat of ministerial influence, when artfully concentrated; that
either a minister’s professions of patriotism were insincere; or his
credit insufficient to effect any essential alteration in the unpopular
measures of government; and that, after all, the liberties of the nation
could never be so firmly established, as by the power, generosity, and
virtue of a patriot king. This inference could not fail to awake the
remembrance of that amiable prince, whom fate untimely snatched from the
eager hopes and warm affection of a whole nation, before, he had it
in his power to manifest and establish his favourite maxim, “That a
monarch’s glory was inseparably connected with the happiness of his
people.” [538] _[See note 4 I, at the end of this Vol.]_
{1760}
ACT FOR CONSOLIDATING ANNUITIES GRANTED IN 1759.
On the first day of February, a motion was made, and leave given, to
bring in a bill for enabling his majesty to make leases and copies of
offices, lands, and hereditaments, parcel of his duchy of Cornwall, or
annexed to the same; accordingly it passed through both houses without
opposition; and enacted that all leases and grants made, or to be made,
by his majesty, within seven years next ensuing, in or annexed to the
said duchy, under the limitations therein mentioned, should be good and
effectual in law against his majesty, his heirs, and successors, and
against all other persons that should hereafter inherit the said duchy,
either by an act of parliament, or any limitation whatsoever. This act
appears the more extraordinary as the prince of Wales, who has a sort
of right by prescription to the duchy of Cornwall, was then of age, and
might have been put in possession of it by the passing of a patent. The
house having perused an account of the produce of the fund established
for paying annuities granted in the year one thousand seven hundred and
fifty-nine, with the charge on that fund on the fifth day of January
in the succeeding year, it appeared that there had been a considerable
deficiency in the said fund on the fifth day of July preceding, and
this had been made good out of the sinking fund, by a resolution of the
seventh of February, already particularized. They therefore instructed
the committee of ways and means to consider so much of the annuity and
lottery act passed in the preceding session as related to the three per
centum annuities, amounting to the sum of seven millions five hundred
and ninety thousand pounds, granted in the year one thousand seven
hundred and fifty-nine; and also to consider so much of the said act as
related to the subsidy of poundage upon certain goods and merchandise to
be imported into this kingdom, and the additional inland duty on
coffee and chocolate. The committee having taken these points into
deliberation, agreed to the two resolutions we have already mentioned
with respect to the consolidation; and a bill was brought in for adding
those annuities granted in the year one thousand seven hundred
and fifty-nine, to the joint stock of throe per centum annuities
consolidated by the acts of the twenty-fifth, twenty-eighth,
twenty-ninth, and thirty-second years of his majesty’s reign, and for
several duties therein mentioned, to the sinking fund. The committee
was afterwards empowered to receive a clause for cancelling such
lottery tickets as were made forth in pursuance of an act passed in the
thirtieth year of his majesty’s reign, and were not then disposed of: a
clause for this purpose was accordingly added to the bill, which passed
through both houses without opposition, and received the royal assent at
the end of the session.
BILL FOR SECURING MONIES FOR THE USE OF GREENWICH HOSPITAL.
On the twenty-ninth day of April, lord North presented to the house a
bill for encouraging the exportation of rum and spirits of the growth,
produce, and manufacture of the British sugar-plantations, from Great
Britain, and of British spirits made from molasses; a bill which in a
little time acquired the sanction of the royal assent. Towards the end
of April, admiral Town-shend presented a bill for the more effectual
securing the payment of such prize and bounty-monies as were
appropriated to the use of Greenwich hospital, by an act passed in the
twenty-ninth year of his majesty’s reign. As by that law no time was
limited, or particular method prescribed, for giving notifications
of the day appointed for the payment of the shares of the prizes
and bounty-money; and many agents had neglected to specify, in the
notification given in the London Gazette for payment of shares of prizes
condemned in the courts of admiralty in Groat Britain, the particular
day or time when such payments were to commence, whereby it was rendered
difficult, if not impossible, to ascertain the time when the hospital at
Greenwich became entitled to the unclaimed shares, of consequence could
not enjoy the full benefit of the act; the bill now prepared imported,
that, from and after the first day of September in the present year, all
notifications of the payment of the shares of prizes taken by any of
his majesty’s ships of war, and condemned in Great Britain, and from and
after the first day of February, in the year one thousand seven hundred
and sixty-one, all notifications of the payment of the shares and prizes
taken and condemned in any other of his majesty’s dominions in Europe,
or in any of the British plantations in America; and from and after the
twenty-fifth day of December, in the year one thousand seven hundred
and sixty-one, all notifications of the payment of the shares of prizes
taken and condemned in any other of his majesty’s dominions, shall be
respectively given and published in the following manner:--If the
prize be condemned in any court of admiralty in Great Britain, such
notification, under the agent’s hand, shall be published in the London
Gazette; and if condemned in any court of admiralty in any other of his
majesty’s dominions, such notification shall be published in like manner
in the Gazette, or other newspaper of public authority, of the island or
place where the prize is condemned; and if there shall be no Gazette,
or such newspaper, published there, then in some or one of the public
newspapers of the place; and such agents shall deliver to the collector,
customer, or searcher, or his lawful deputy; and if there shall be no
such officer, then to the principal officer or officers of the place
where the prize is condemned, or to the lawful deputy of such principal
officers, two of the Gazettes or other newspapers in which such
notifications are inserted; and if there shall not be any public
newspapers in any such island or place, the agent shall give two such
notifications in writing, under his hand; and every such collector, or
other officer as aforesaid, shall subscribe his name on both the said
Gazettes, newspapers, or written notifications; and, by the first
ship which shall sail from thence to any port of Great Britain, shall
transmit to the treasurer or deputy-treasurers of the said royal
hospital one of the said notifications, with his name so subscribed, to
be there registered; and shall faithfully preserve and keep the other,
with his name thereon subscribed, in his own custody; and in every
notification as aforesaid the agent shall specify his place of abode,
and the precise day of the month and year appointed for the payment of
the respective shares to the captors; and all notifications with respect
to prizes condemned in Great Britain, shall be published in the London
Gazette three days at least before any share of such prize shall be
paid; and with respect to prizes condemned in any other part of his
majesty’s dominions, such notifications shall be delivered to the said
collector, or other officers as aforesaid, three days at least before
any share of such prizes shall be paid. It was likewise enacted, that
the agents for the distribution of bounty-bills should insert, and
publish under their hands, in the London Gazette, three days at least
before payment, public notifications of the day and year appointed for
such payment, and also insert therein their respective places of abode.
The bill, even as it now stands, is liable to several objections. It may
be dangerous to leave the money of the unclaimed shares so long as three
years in the hands of the agent, who, together with his securities,
may prove insolvent before the expiration of that term: then the time
prescribed to the sailors, within which their claim is limited, appears
to be too short, when we consider that they may be so circumstanced,
turned over to another ship, and conveyed to a distant part of the
globe, that they shall have no opportunity to claim payment; and should
three years elapse before they could make application to the agent,
they would find their bounty or prize money appropriated to the use of
Greenwich hospital; nay, should they die in the course of the voyage, it
would be lost to their heirs and executors, who, being ignorant of their
title, could not possibly claim within the time limited.
{GEORGE II. 1727-1760}
ACT IN FAVOUR OF GEOEGE KEITH, &c.
A committee having been appointed to inquire into the original standards
of weights and measures in the kingdom of England, to consider the laws
relating thereto, and to report their observations thereupon, together
with their opinion of the most effectual means for ascertaining and
enforcing uniform and certain standards of weights and measures, they
prepared copies, models, patterns, and multiples, and presented them to
the house; then they were locked up by the clerk of the house; and lord
Garysfort presented a bill, according to order, for enforcing uniformity
of weights and measures to the standards by law to be established; but
this measure, which had been so long in dependence, was not yet fully
discussed, and the standards and weights were reserved to another
occasion. A law was made for reviving and continuing so much of the act
passed in the twenty-first year of his majesty’s reign as relates to the
more effectual trial and punishment of high-treason in the highlands
of Scotland; and also for continuing two other acts passed in the
nineteenth and twenty-first years of his majesty’s reign, so far as they
relate to the more effectual disarming the highlands of Scotland,
and securing the peace thereof; and to allow further time for making
affidavits of the execution of articles or contracts of clerks to
attorneys or solicitors, and filing thereof. The king having been
pleased to pardon George Keith, earl-marshal of Scotland, who had been
attainted for rebellion in the year one thousand seven hundred and
sixteen, the parliament confirmed this indulgence, by passing an act to
enable the said George Keith, late earl-marshal, to sue or entertain
any action or suit, notwithstanding his attainder, and to remove any
disability in him, by reason of the said attainder, to take or inherit
any real or personal estate that might or should hereafter descend
or come to him, or which he was entitled to in reversion or remainder
before his attainder. This nobleman, universally respected for his
probity and understanding, had been employed as ambassador to the court
of France by the king of Prussia, and was actually at this juncture in
the service of that monarch, who in all probability interceded with the
king of England in his behalf. When his pardon had passed the seals,
he repaired to London, and was presented to his majesty, by whom he was
very graciously received.
SESSION CLOSED.
These, and a good number of other bills of less importance, both private
and public, were passed into laws by commission, on the twenty-second
day of May, when the lord-keeper of the great seal closed the session
with a speech to both houses. He began with an assurance that his
majesty looked back on their proceedings with entire satisfaction. He
said, the duty and affection which they had expressed for the king’s
person and government, the zeal and unanimity they had showed in
maintaining the true interest of their country, could only be equalled
by what his majesty had formerly experienced from his parliament. He
told them it would have given his majesty the most sensible pleasure,
had he been able to assure them that his endeavours to promote a general
peace had met with more suitable returns. He observed that his majesty,
in conjunction with his good brother and ally the king of Prussia, had
chosen to give their enemies proofs of this equitable disposition, in
the midst of a series of glorious victories; an opportunity the most
proper to take such a step with dignity, and to manifest to all Europe
the purity and moderation of his views. After such a conduct, he said,
the king had the comfort to reflect that the further continuance of the
calamities of war could not be imputed to him or his allies; that he
trusted in the blessing of heaven upon the justice of his arms, and upon
those ample means which the zeal of the parliament in so good a cause
had wisely put into his hands; that his future successes in carrying on
the war would not fall short of the past; and that, in the event, the
public tranquillity would be restored on solid and durable foundations.
He acquainted them that his majesty had taken the most effectual care
to augment the combined army in Germany; and at the same time to keep
up such a force at home as might frustrate any attempts of the enemy to
invade these kingdoms; such attempts as had hitherto ended only in their
own confusion. He took notice that the royal navy was never in a more
flourishing and respectable condition; and the signal victory obtained
last winter over the French fleet on their own coast, had given lustre
to his majesty’s arms, fresh spirit to his maritime forces, and
reduced the naval strength of France to a very low ebb. He gave them to
understand that his majesty had disposed his squadrons in such a manner
as might best conduce to the annoyance of his enemies; to the defence
of his own dominions, both in Europe and America; to the preserving and
pursuing his conquests, as well as to the protection of the trade of
his subjects, which he had extremely at heart. He told the commons, that
nothing could relieve his majesty’s royal mind, under the anxiety he
felt for the burdens of his faithful subjects, but the public-spirited
cheerfulness with which their house had granted him such large supplies,
and his conviction that they were necessary for the security and
essential interest of his kingdoms; he therefore returned them his
hearty thanks for these supplies, and assured them they should be duly
applied to the purposes for which they had been given. Finally, he
recommended to both houses the continuance of that union and good
harmony which he had observed with so much pleasure, and from which
he had derived such important effects. He desired they would study to
promote these desirable objects, to support the king’s government, and
the good order of their respective counties, and consult their own real
happiness and prosperity.