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.]