The question was put, Whether Proceedings relating to the fame bill this bill fhall be committed? in the house of lords.. THIS bill was likewife fharply and vigorously contefted in the houfe of lords, where it was oppofed by the Dukes of Grafton, Bolton, Devonshire, Newcastle, Portland. Marquis of Rockingham. Earls of Suffolk, Plymouth, Oxford, Ferrers, Dartmouth, Bristol, Afhburnham, Temple, Cornwallis, Hardwicke. Viscounts Fauconberg, Torrington, Folkestone, Spencer. Lords Abergaveny, Willoughby de Broke, Ward, Foley, Ducie, Monfon, Fortefcue, Archer, Ponfonby, Walpole, Lyttelton, Sonds, Grantham, Grosvenor. Bishops of Ely, Hereford, Worcefter, Litchfield, Norwich, Lincoln, Chichester, St. Asaph, Oxford. And occafioned the following protests. Die Luna 28 Martii, 1763.. The order of the day being read for the fecond reading of the bill, intituled, An act for granting to his majefty feveral additional duties upon wines imported into this kingdom, and certain duties on all cy der and perry; and for raifing the fum of three millions five hundred thousand pounds, by way of annuities and lotteries, to be charged on the faid duties; The faid bill, was accordingly read a fecond time. And it being propofed to com mit the bill: The fame was objected to. It was refolved in the affirma Not Contents, 481 Diffentient. ift. Because we conceive there would have accrued lefs detriment to the public by rejecting this bill, than by agreeing to it; fince it would have been eafy, had the bill been rejected, to have provided the neceffary supplies by fome other ways and means, lefs dangerous to the public liberty than the extenfion of the laws of excife, over new orders of men, who, by mere ignorance and inadvertency, may be fubjected to the feveret penalties for things done in the common, ordinary, and neceffary management of their farms. 2dly. Because blending diftin&t matters in the fame money-bill, lays this house under the utmost difficulties; fince the alteration made by this houfe, to any parts of fuch bill, may be an unavoidable obftruction to other parts of it, less liable to objection, and requiring greater expedition and difpatch: and we conceive, that to tack unto fuch a bill, matters, which for many reafons ought to be kept feparate and distinct, is destructive of all freedom of debate and all due deliberation, unparliamentary, highly derogatory to the privilege of the and peers, be of dangerous confequence to the prerogative of the crown, may 3dly. Because we apprehend, that fuch parts of the faid bill as extend the laws of excife over the makers makers of cyder and perry, are not only injurious to the liberties of the fubject, but particularly offenfive to the dignity of privilege of the peers; fince their houfes may be vifited and fearched, and they themselves may incur the penalties of this bill, to be levied upon them by juftices of the peace and commiffioners of the excife: we are therefore doubly called upon to diffent from the paffing of this bill, by a due and just fenfe of the dignity and privilege of the peerage, and by a tender regard to the liberties and properties of the people, of which this houfe hath been always efteemed the hereditary and perpetual guardians. 4thly. Becaufe when we confider the great number of families, over whom and their pofterities the laws of excise are extended by this bill, the incapacity of farmers to comply with it, not only in respect to their ignorance, but to the nature of their bufinefs; the heavy penalties impofed for involuntary offences; the fummary and arbitrary method of trying and determining thofe offences, and of levying thofe penalties; the great and expenfive increase of officers to be employed in collecting an inconfiderable and very uncertain revenue; and the influence of thofe officers, which, in critical times, may be employed to the worst of purpofes; we cannot but be moft feriously alarmed at a tretch of power, fo wide, fo unneceffary, and fo unconstitutional. Foley, Oxford and Mortimer, Willoughby de Broke. Die Mercurii 30 Martii, 1763. The order of the day being read for the third reading of the bill, intituled, An act for granting to his majefty feveral additional duties up on wines imported into this kingdom, and certain duties upon all cyder and perry; and for raifing the fum of three millions five hundred thousand pounds, by way of annuities and lotteries, to be charged on the faid duties: The faid bill was accordingly read the third time. After debate, The question was put, Whether this bill fhall pass? It was refolved in the affirmative. ift. Because by this bill our fellow fubjects, who from the growth of their own orchards, make cyder and perry, are fubjected to the moft grievous mode of excife; whereby private houses of peers, gentlemen, freeholders, and farmers, are made liable to be entered and fearched at pleasure. We deem this to be not only an intolerable oppreffion, affecting private property, and deftructive of the peace and quiet of private families; but, to ufe the words of one of the first gracious acts of liberty, paffed by our gracious deliverer, king William the third, repealing the hearth money, a badge of "flavery." pounds is already made by fuch perfons as have been favoured with thares in this private fubfcription. We apprehend that, in time of peace, an open fubfcription had not only been the fairest, but the cheapest method of borrowing any fums, which the neceffities of the public might call for. It appears to us, by the votes of the house of commons, that on the 8th of this inftant, March, this bargain was firft confented to by them; whereby a redeemable annuity of four per cent. is given to certain perfons, who offered to advance this loan. No less than two lotteries in one year, are now, for the first time, without any urgent neceffity, eftablished, in the days of peace; to the no fmall excitement of the pernicious fpirit of gaming, which cannot be too much discountenanced by every state, governed by wisdom, and a fober regard to the morals of the people. Two lottery tic kets, bearing four per cent. intereft, from the 5th day April, 1763, are allowed at ten pounds each, to every fubfcriber of eighty pounds: whereas, intereft at three per cent. and that to commence only in a future year, hath been given upon former lotteries, during the highest exigencies of the public; at a time, too, when there was in contempla-, tion, a lofs of no less than thirty per cent. upon every blank, and every prize; and when no less a fum than twelve millions was borrowed, for the fervice of the go. vernment. On the 8th of this inftant, aforefaid, and for feveral days preceding, the general price of stock was very much upon an equality, with that which they bear at prefent; nor hath any confiderable variation happened in the great three per cent. and four per cent. annuity funds fince that time. The redeemable annuity, exclufive of the profit fo certainly to be made upon the lottery tickets, fells at a premium of two and a half per cent. and the advantage made upon the whole loan, including that on the lottery tickets, is from ten to eleven per cent. clear profit; whereby an exorbitant gain arifes to individuals at the expence of the public. For thefe cogent and unrefuted reafons we have thought it incumbent upon us to withstand, at the outfet, fuch alarming proceedings; fo repugnant to the principles of economy, and to the spirit of liberty; and by this folemn teftimony to declare, that we are determined upon all occafions to endeavour to protect, as far as in us lies, the meaneft of our fellow fubjects from oppreffion of every kind. Temple, Bolton, Fortescue. Abstract of the Act for the due making of Bread, which took place May 1, 1763. HE ftatute 31 Geo. II. for re TH gulating the price of bread, &c. being deficient in feveral of the provifions thereby made, when an affize of bread is not fet pursuant to the faid act: For remedy thereof. After May, 1763, although no affize of bread fhall be fet in purfuance of the faid act, no bread called in that act affize loaves, and the weight of which varies according to the variation of the price of grain; and bread called in the faid act prized loaves, the price of which varies according to the variation of the price of grain (that is to say, no affize loaves of the price of 3d. and prized loaves called half quartern loaves; nor aflize loaves at 6d. and prized quartern. loaves; por affize loaves at izd. and prized half peck loaves; nor aflize loaves at 18d. and prized peck loaves) fhall at the fame time, in any place be made for fale, or be offered or expofed for or to fale, or allowed to be fold; that unwary perfons may not be prejudiced by buying affize loaves for prized loaves, or prized loaves for affize loaves, on pain of forfeiting not exceeding 40s. nor lefs than 10s. Juftices, at any general, quarter, or petty feffion, may appoint which of the forts of affize or prized loaves, and what other forts of bread, and of what grain, shall be made for fale; caufing an entry to be made of fuch orders; which fhall be free for inspection; and a copy thereof fhall be fet up in fome market or other public place; or published in the country news-papers. Juftices fhall not allow the making for fale, or felling, any affize bread made of the flour or meal of wheat, other than wheaten and houfhold bread, and loaves of white bread of the price of 2d. or under. A like proportion, as to weight, fhall be kept between the white and wheaten bread, and the wheaten and houfhold affize bread; that is to fay, every white loaf of the price of zd. or under, fhall always weigh three parts in four of the weight of the wheaten loaf of the like price, as near as may be; and every weaten aflize loaf of whatfoever, price, fhall weigh three parts in four of the weight of every houfhold affize loaf of the like price; and every houshold aflize loaf fhall weigh one third part more than every wheaten aflize loaf of the like price: Every perfon who fhall make for fale, fell, or offer for fale, or have in cuftody for fale, any loaf in which the faid proportions or regulations fhall not be observed, as near as may be, fhall, on conviction, for every fuch offence, forfeit a fum not exceeding 40s. A proportion in the price thall be kept in the peck loaf and half peck, and its other fubdivifions, both in the wheaten and in houshold bread; and the houfhold fhall be one fourth cheaper than the wheaten; on penalty of forfeiting, not exceeding 40s. nor less than 1os. Every peck loaf fhall weigh, in Averdupois-weight, 17 lb. 6 cz. every half peck loaf, 8 lb. 11 oz. every quarter of a peck loaf, 4 lb. 5 oz. and every half quarter of a peck loaf, 2 lb. 2 oz. on pain of forfeiting not exceeding 5s. nor lefs than Is. for every ounce wanting in the weight; nor exceeding 2s. 6d. nor less than 6d. for all under I oz. the fame to be weighed before a justice, within 24 hours after being baked, fold, or expofed to fale, &c. if within any city, town-corporate, &c. or within the bills, of mortality; and in other places, within three days; unless fuch deficiency fhall be fatisfactorily accounted for. Bread of an inferior quality to wheaten, fhall not be fold at a higher price than the houshold; on pain of forfeiting not exceeding 20s. A large Roman (W) fhall be imprinted on all wheaten bread made for fale; and a large Roman (H) on all houfhold bread; on pain of forfeiting not exceeding 40s. nor lefs lefs than tos. unless fuch omiffion fhall be fatisfactorily accounted for. Bread made of any other grain than wheat, fhall be impreffed with fuch letters as the juftices fhall order; they caufing an entry to be made of fuch order, in a book kept for that purpose; which shall be free for infpection; and a copy thereof fhall be fet up in fome market, or other public place, or published in the country news papers. Where the juftices neglect to make fuch order, the maker fhall mark every fuch loaf with any two diftinct capital letters; on pain of forfeiting not exceeding 40s. nor less than 5s. for every fuch unmarked loaf. Juftices and peace officers (authorifed by warrant of a justice) may enter the houses of bakers, and fearch for, examine, and weigh all bread made for, or expofed to fale, &c. and bread found defective in the weight, or not duly marked, or wanting in due baking, or goodness, or being fraudulently mixt, &c. may be feized and given to the poor, unless fuch default fhall be fatisfactorily accounted for; and the maker and feller fhall alfo forfeit not exceed ing 51. nor less than 20s. for every fuch offence, unless the default fhall be fatisfactorily accounted for. The penalty of oppofing any legal fearch, view, weighing, trying, or feizing of bread, fhall not exceed 40s. nor be less than zos. No miller, mealman, or baker, fhall act as a juftice in the execution of this act, on penalty of 5ol. A baker making it appear, that any offence, for which he thall have paid the penalty, was occafioned by the neglect or default of his fervant, the juice fhall iffue his warrant for bringing the offender before him; and on conviction, fhall order a fum to be paid by way of fatisfaction; and on non-payment thereof, fhall commit fuch fervant to hard labour, for any time not exceeding one month, unless payment fhall be made fooner. The other claufes of this act direct how penalties are to be recovered before juftices, and give perfons, who deem themselves aggrieved by the determination of any juftice, a power of appealing to the quarter-feffion; and all profecutions must be commenced within three days after the offence committed; and one moiety of all money forfeited, given to the perfon who fhall inform againft, and profecute to conviction the offender; and the her moiety. thereof is to be applied as the justice before whom any offender against the act fhall be convicted, fhall order, to carry into execution the purpofes of the act, and to defray the charges attending the carrying the fame into execution. * Under the statute 31 Geo. II. every miller, mealman, baker, and feller of bread, in whole houfe, mill, fhop, bakehoufe, fall, bolting houfe, paltry warehouse, outhouse, or possession, any mixture or ingredient shall be found, which fhall be adjudged by any justice to have been lodged there with intent to have adulterated the purity of meal or bread, incurs a penalty not exceeding Iol. nor less than 40s. and the juftice, before whom any fuch offender fall be convicted, is out of the money forfeited, to caufe the offender's name, place of abode, and offence, to be published in fome news paper, which fhall be printed or published in or near the county, city, or place, where any fuch offence shall have been committed. An |