In the meantime, all sorts of grain continuing to fall in price, and great plenty appearing in every part of the kingdom, the justices of the peace, and of the grand juries, assembled at the general quarter sessions of the peace held for the county of Norfolk, composed and presented to the house of commons, in the beginning of February, a petition, representing, that the weather proving unfavourable in the harvest, great part of the barley raised in that county was much damaged, and rendered unfit for any other use than that of being made into malt for exportation; that unless it should be speedily manufactured for that purpose, it would be entirely spoiled, and perish in the hands of the growers; a loss that must be very sensibly felt by the land owners: they, therefore, entreated that leave might be given for the exportation of malt; and that they might be favoured with such further relief, as to the house should seem just and reasonable. In consequence of this petition, the house resolved itself into a committee to deliberate upon the subject; and as it appeared, upon examination, that the price of grain was reduced very low, and great abundance diffused through the kingdom, they resolved, that the continuance of that part of the act, prohibiting the exportation of grain, ought to be abridged and shortened, and the exportation of these commodities allowed under proper regulations, with respect to the time of such exportation and the allowance of bounties thereupon. A bill being founded on these resolutions, was discussed, and underwent several amendments: at length it was sent with a new title to the lords, who passed it without further alteration, and then it obtained the royal sanction. While this affair was under the deliberation of the committee, the commons unanimously issued an order for leave to bring in a bill to continue, for a limited time, the act of last session, permitting the importation of salted beef from Ireland into Great Britain, with an instruction to receive a clause extending this permission to all sorts of salted pork, or hog-meat, as the officers of the customhouse had refused to admit hams from Ireland to an entry. The bill likewise received another considerable alteration, importing, That, instead of the duty of ona shilling and three-pence, charged by the former act on every hundred weight of salted beef or pork imported from Ireland, which was found not adequate to the duty payable for such a quantity of salt as is requisite to be used in curing and salting thereof; and to prevent as well the expense to the revenue, as the detriment and loss which would accrue to the owner and importer from opening the casks in which the provision is generally deposited, with the pickle or brine proper for preserving the same, in order to ascertain the net weight of the provision liable to the said duties: for these reasons it was enacted, That from and after the twenty-fourth day of last December, and during the continuance of this act, a duty of three shillings and four-pence should be paid upon importation for every barrel or cask of salted beef or pork containing thirty-two gallons; and one shilling and three-pence for every hundred weight of salted beef called dried beef, dried neats-tongues, or dried hog-meat, and so in proportion for any greater or lesser quantity.
GEORGE II. 1727-1760
REGULATIONS with RESPECT to PRIVATEERS.
Repeated complaints having been made to the government by neutral nations, especially the Dutch, that their ships had been plundered, and their crews maltreated by some of the English privateers, the legislature resolved to provide effectually against any such outrageous practices for the future: and with this view the commons ordered a bill to be brought in for amending and explaining an act of the twenty-ninth year of his late majesty’s reign, intituled, “An act for the encouragement of seamen, and more speedy and effectual manning of his majesty’s navy.” While the committee was employed in perusing commissions and papers relating to private ships of war, that they might be fully acquainted with the nature of the subject, a considerable number of merchants and others, inhabiting the islands of Guernsey and Jersey, presented a petition to the house, alleging, that the inhabitants of those islands which lie in the British channel within sight of the French coast, had now, as well as in former wars, embarked their fortunes in equipping small privateers, which used to run in close with the French shore, and being disguised like fishing boats, had not only taken a considerable number of prizes, to the great annoyance of the enemy, but also obtained material intelligence of their designs on many important occasions; that these services could not be performed by large vessels, which durst not approach so near the coast, and indeed could not appear without giving the alarm, which was communicated from place to place by appointed signals. Being informed that a bill was depending, in order to prohibit privateers of small burden, they declared that such a law, if extended to privateers equipped in those islands, would ruin such as had invested their fortunes in small privateers, and not only deprive the kingdom of the before-mentioned advantages, but expose Great Britain to infinite prejudice from the small armed vessels of France, which the enemy, in that case, could pour abroad over the whole channel to the great annoyance of navigation and commerce. They prayed, therefore, that such privateers as belonged to the islands of Guernsey and Jersey might be wholly excepted from the penalties contained in the bill, or that they, the petitioners, might be heard by their counsel, and be indulged with such relief as the house should judge expedient. This representation being referred to the consideration of the committee, produced divers amendments to the hill, which at length obtained the royal assent, and contained these regulations: That, after the first day of January in the present year, no commission should be granted to a privateer in Europe under the burden of one hundred tons, the force of ten carriage guns, being three-pounders or above, with forty men at the least, unless the lords of the admiralty, or persons authorized by them, should think fit to grant the same to any ship of inferior force or burden, the owners thereof giving such bail or security as should be prescribed: that the lords of the admiralty might at any time revoke, by an order in writing under their hands, any commission granted to a privateer; this revocation being subject to an appeal to his majesty in council, whose determination should be final: that, previous to the granting any commission, the persons proposing to be bound, and give security, should severally make oath of their being respectively worth more money than the sum for which they were then to be bound, over and above the payment of all their just debts: that persons applying for such commissions should make application in writing, and therein set forth a particular and exact description of the vessel, specifying the burden, and the number and nature of the guns on board, to what place belonging, as well as the name or names of the principal owner or owners, and the number of men: these particulars to be inserted in the commission; and every commander to produce such commission to the custom-house officer who should examine the vessel, and, finding her answer the description, give a certificate thereof gratis, to be deemed a necessary clearance, without which the commander should not depart: that if, after the first day of July, any captain of a privateer should agree for the ransom of any neutral vessel, or the cargo, or any part thereof, after it should have been taken as prize, and in pursuance of such agreement should actually discharge such prize, he should be deemed guilty of piracy; but that with respect to contraband merchandise, he might take it on board his own ship, with the consent of the commander of the neutral vessel, and then set her at liberty; and that no person should purloin or embezzle the said merchandise before condemnation: that no judge, or other person belonging to any court of admiralty, should be concerned in any privateer: that owners of vessels, not being under fifty, or above one hundred tons, whose commissions are declared void, should be indemnified for their loss by the public: that a court of oyer and terminer, and gaol delivery, for the trial of offences committed within the jurisdiction of the admiralty, should be held twice a-year in the Old Bailey at London, or in such other place within England as the board of admiralty should appoint: that the judge of any court of admiralty, after an appeal interposed, as well as before, should, at the request of the captor or claimant, issue an order for appraising the capture, when the parties do not agree upon the value, and an inventory to be taken; then exact security for the full value, and cause the capture to be delivered to the person giving such security; but, should objection be made to the taking such security, the judge should, at the request of either party, order such merchandise to be entered, landed, and sold at public auction, and the produce to be deposited at the bank, or in some public securities: and in case of security being given, the judge should grant a pass in favour of the capture. Finally, the force of this act was limited to the duration of the then war with France only. This regulation very clearly demonstrated, that whatever violences might have been committed on the ships of neutral nations, they were by no means countenanced by the legislature, or the body of the people.
NEW MILITIA LAWS.
Every circumstance relating to the reformation of the marine, must be an important object to a nation whose wealth and power depend upon navigation and commerce; but a consideration of equal weight was the establishment of the militia, which, notwithstanding the repeated endeavours of the parliament, was found still incomplete, and in want of further assistance from the legislature. His majesty having, by the chancellor of the exchequer, recommended to the house the making suitable provision for defraying the charges of the militia during the current year, the accounts of the expense already incurred by this establishment were referred to the committee of supply, who, after having duly perused them, resolved, that ninety thousand pounds should be granted on account, towards defraying the charges of pay and clothing for the militia, from the last day of the last year, to the twenty-fifth day of March in the year one thousand seven hundred and sixty, and for repaying a sum advanced by the king for this service. Leave was given to bring in one bill pursuant to this resolution, and another to enforce the execution of the laws relating to the militia, remove certain difficulties, and prevent the incenveniencies by which it might be attended. So intent were the majority on both sides upon this national measure, that they not only carried both bills to the throne, where they received the royal assent, but they presented an address to the king, desiring that his majesty would give directions to his lieutenants of the several counties, ridings, and places in England, to use their utmost diligence and attention for carrying into execution the several acts of parliament relating to the militia. By this time all the individuals that constituted the representatives of the people, except such as actually served in the army, were become very well disposed towards this institution. Those who really wished well to their country had always exerted themselves in its favour; and it was now likewise espoused by those who foresaw that the establishment of a national militia would enable the administration to send the greater number of regular troops to fight the battles of Germany. Yet how zealous soever the legislature might be in promoting this institution, and notwithstanding the success with which many patriots exerted their endeavours through different parts of the kingdom, in raising and disciplining the militia, it was found not only difficult, but almost impracticable, to execute the intention of the parliament in some particular counties, where the gentlemen were indolent and enervated, or in those places where they looked upon their commander with contempt. Even Middlesex itself, where the king resides, was one of the last counties in which the militia could be arrayed. In allusion to this backwardness, the preamble or first clause in one of the present acts imported, that certain counties, ridings, and places in England had made some progress in establishing the militia, without completing the same, and that, in certain other counties, little progress had been made therein, his majesty’s lieutenants and the deputy-lieutenants, and all others within such counties or districts, were therefore strictly required speedily and diligently to put these acts in execution. The truth is, some of these unwarlike commanders failed through ignorance and inactivity; others gave, or offered commissions to such people as threw a ridicule and contempt upon the whole establishment, and consequently hindered many gentlemen of worth, spirit, and capacity, from engaging in the service. The mutiny-bill, and that for the regulation of the marine-forces while on shore, passed through the usual forms, as annual measures, without any dispute or alteration. [485] [See note 3 S, at the end of this Vol.]