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On him declining days more grateful close,
Since thousands calmly fink in foft repose.
His foul, a ray of the eternal mind,
To human organs, human pow'rs confin'd,
Beams, as emitted genuine blifs to show,
And forms a little round of heav'n below:
Each thought, each act, felf-love and facial blends,
And but with life the generous purpose ends.
Should men, ungrateful, ev'ry kindness flight,
Defraud, opprefs, thro' avarice, or thro' fpite,
Pitying he fees the low-born meteor fwell,
Secure in acting right, and wishing well:
Or fhou'd good heav'n, for ends all-wife, remove
The fund of bounty from this fon of love;
Refign'd, no harsh reluctance fwells his breaft,
Joy'd to reflect, whatever is, is beft;
That wisdom infinite, muft ftill difplay
Goodness unbounded in its brighteft ray,
And, as the blefsful fount perennial springs,
Alike to him whatever channel brings;
Happily confcious, while thro' him it flow'd,
No private aim obftructed publick good.

Thus bleft Aurelius fed the heav'n-born flame, The Man of Rofs thus foar'd, unknown, to fame. The good man's portrait this,-where-e'r he Full on a throne, contracted in the mines, [fhines, Born where unpolish'd Nature afks no more, Than kindness foon prefents from Nature's flore, Or (nurs'd by Art) where wants innumerous rife, And ceafelefs cares await the kind supplies.

And fhall the fiery zealot, blind as vain,
Prefumptuous, damn to never-ending pain,
The man, who bless'd and bleffing ftill below,
Ne'er own'd a thought fo cruel and fo low?
Because, from him impervious darkness wail'd,
Love's brightest plan, by men, by angels bail'd:
Or, known that truth, by education fway'd,
In faith he differ'd, tho' in life abey'd?
Detefted thought! fure nobler to refign
The truly bounteous to their Sire divine,
And join with me, the growling wretch explode,
(If fuch he is not) negatively good,

Who, fear'd from viler acts by fear or shame,
Dreams on thro' life, juft fcap'd the million's blame,
With changeless face furveying harsh distress,
Stranger alike to pity and redress;
Yet boldly claims in future worlds a bliss,
His narrow foul ne'er knew to grant in this :
Or left this clod, too proud to smart or mend,
And fully curft in miffing life's true end;
Addrefs the gay, by foft perfuafion turn
Profufion's freams thro' bounty's facred urn;
And joy ev'n thus reflected shall atteft
The good are gen'rous, and the gen'rous bleft.

To Sir JOHN TURNER, Bar. Member of the house of Commons.

An ODE. In imitation of, Equam memento, &c. HOR.

By W. BROWNE, Doctor of Phyfick

of both univerfities, and fellow of the Royal college of phyficians.

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IR John, preferve an equal mind,
Unmov'd; if he be cross or kind,
Scorn to be Fortune's creature ;
Nor own that he has made you great
With title, lands, and fenate-feat:
To be yourself is greater.

Since you muft die, your purfe will bear
Inftead of port, indulge with claret; [it,
Nor die without good living :
Were you in life's dull path to trudge,
As grave and fober as a judge,

From death there's no reprieving.
Chufe out fome hofpitable shade,
By the old Knight's plantations made,

Trees clofe with trees uniting; Where the fine water's peaceful wave Glides flowly, as if loth to leave A landfkip fo delighting. There let the place be spread with rofes, Whofe fhort lives warn to tope our noses,

And feize each prefent minute; That we may boaft, as well as they, The life we lead is fweet and gay:

And more there's nothing in it. As Lynn and Warham you must quit, Your charming lake and fhady feat,

Let them fill merry find you;
Nor plague your thoughts to raise a fum,
For if you cou'd fcrape up a plumb,
You must leave all behind you.

It differs nothing, if you are
A clown's, or rich Sir Charles's heir,
As to the point of dying;
For death makes no more beds than onêş
And tho' a friend may add a fione,

That alters not your lying.

Here we must all, or foon or late,
Pig in together, fmall and great,

As each receives his fummons; Which life's great wheel decides by lot, While Charon, in his fcurvy boat,

Plies for King, Lords and Commons.

JOUR

9

JOURNAL of the Proceedings and Debates in the POLITICAL CLUB, continued from the Appendix 1741.

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Propofition having been made laft the inns and other houses in which they are feffion of parliament, for obliging so quartered; and shall pay fuch reasonable innkeepers,victuallers, and others prices as fhall from time to time be appointed liable to the quartering of foldiers, to furnish by the Juftices of the Peace, who are thereby the foldiers quartered in their houses with impowered to appoint such reasonable rates for diet and small beer at the rates therein men- all neceffary provifions for officers and folditioned; particularly, a foot-foldier at the ers, for one or more nights, in all places which rate of 4d. per diem; and a claufe having they shall come to in their march, or which been offered to be inferted in the mutiny- fhall be appointed for their refidence and quarbill for this purpose, there was a debate ters. And by another clause in the faid thereupon in our club, which was opened bills it has been enacted, That the officers, by L. Valerius Flaccus on the 24th of Fe- when they receive the pay of any regiment, bruary. The speeches on that occafion troop or company, shall give publick notice were in fubftance as follows. thereof to all the inns and other places where the officers and foldiers are quartered, that they may bring in their accounts; which accounts the officer or officers receiving the pay, are required to accept of, and immediately pay the fame, before the fubfiftence or pay shall be diftributed, either to officers or foldiers; provided the faid accounts exceed not the feveral rates therein mentioned and afcertained.

The fpeech of L. Valerius Flaccus.

Mr Prefident,

NE of the greateft perfections the laws of any country can be attendded with, is, to be fo plain, precife and express in all their clauses, as not to admit of any doubt, uncertainty or double meaning. This is a rule which ought to be obferved, as far as is confiftent with human weakness, in the forming of every new law; and in no fort of laws is it more necessary, than in those that are made for regulating the behaviour of the civil and military power towards one another; for nothing contributes more towards making the army and the people live eafily together, than to have their respective rights and privileges fully and clearly determined, fo as that every foldier may know the utmost he can expect, and that his landlord, or any other perfon he has to do with, may know what is due to him. This being the cafe, Sir, as you are now upon that annual bill, for regulating the army and their quarters, which paffes yearly in this kingdom, and as a doubt has arifen upon fome claufes inferted in all former acts of the fame nature, the duty of my office makes it incumbent on me, to acquaint you with that doubt, and to propose a method for obviating it for the future. In all former mutiny-bills, at leaft in all that have been of late years paffed into laws, it has been enacted, That the officers and foldiers quartered as directed by the act, fall be received by the owners of VOL. IV.

From these clauses, Sir, it has been, till very lately, thought, that the owners of inns, and other places where foldiers are allowed to be quartered, were obliged to furnish the foldiers with diet and small beer for themselves, and with hay and straw for their horfes, if demanded; and the owners of inns and other fuch places have, till of late, generally done fo, without charging more for it in their accounts, than the paymafter was by act of parliament required and limited to pay. But of late years a different way of thinking has begun to prevail; and the owners of inns and other places have begun to refuse to furnish the foldiers with diet or small beer for themselves, or with hay and straw for their horfes, at the rates allowed by the government; pretending, that by the words of the act, they are not obliged to furnish foldiers with any of thefe neceffaries, unlefs they approve of the prices allowed by the government, or appointed by the Juftices of Peace.

One of the firft difputes, Sir, of this kind, happened but laft year at Wakefield; where the price of hay had, during the hard froft, rifen to an exceffive height. Upon this, the Juftices of Peace in that divifion

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took the cafe into their confideration, and appointed the rate for hay for a horse to be 8d. per diem. As this was 2d. per diem above what was allowed by act of parliament, the dragoons fcrupled paying it, and the officers fent a letter to me upon the fubject. This letter I laid before the Attorney-General; and, after he had confidered the cafe, his opinion was, that the Juftices of Peace had exceeded the powers given them by act of parliament; that they were to appoint the rates of neceffary provifions for the foldiers and their horfes, but not fo as to exceed the allowance given by the government, and exprefsly limited by the very act itself; and that the owners of inns, and other houses where foldiers are appointed by law to be quartered, were obliged to furnish them with neceffary provifions for themselves and horfes at a lower rate than what was allowed by law, if the Juftices fhould appoint it to be fo; but that neither they could require, nor the Juftices appoint any higher rates to be paid. And I muft fay it is most reasonable it fhould be fo; for a foldier has at all times one certain uniform pay from the government; his wages do not rife and fall, as other people's do, according to the price of provifions, or the demand for workmen; his pay is always the fame, and the allowance appointed by law is the highest that pay will admit of: he must be supported, and therefore, in times of fcarcity, you must either augment the pay of your foldiers, or you must oblige those where they are quartered, to furnish them with neceffary provifions at thofe rates which their pay will admit of. But I muft take notice, Sir, that before this difpute happened, there had been one of much the fame nature at Ledbury. There the owners of inns, alehouses and the like, even refused the foldiers the use of their fires or utenfils to dress their victuals: they would allow them no small beer to drink, nor so much as falt to their pottage. A foldier upon a march cannot carry a kit chen, a fack of coals, and a cag of fmall beer, upon his back; they must be allowed fuch things at the places where they are quartered; they thought they had a right to infift upon having them; and this had like to have bred a tumult betwixt the foldiers and townfmen, This cafe

was laid before the then Attorney-General, now Lord Chief Juftice Wills; and his opinion was, that the owners of the houfes where the foldiers were quartered, were obliged to allow them diet and small beer at the government's allowance, or even at a cheaper rate, if the Justices of Peace fhould order it to be fo.

I do not myself, Sir, pretend to any great knowledge of the law, or to the art of putting the proper meaning upon the words of an act of parliament; but, upon these two opinions, I think I cannot be accused of paffing a rafh judgment, if I fay that foldiers have, by the laws of this kingdom, a right to infift upon diet and small beer for themselves, and hay and ftraw for their horses, from the owners of the inns or houfes where they are quartered; and indeed to me the sense of the acts of parliament made for this purpose, seems as clear as words can make it. However, there are many lawyers, it seems, efpecially in the country, who think otherwife; and the people, depending upon their opinion, have now in many places begun to refufe diet and small beer to the foldiers quartered in their houses. I do not know but they may foon begin to refuse a foldier a bed. They have, I think, as good a right to refuse the one as the other; for the law fays only, they shall receive the foldiers quartered upon them: it does not fay, they fhall furnish them with beds, no more than it fays, they shall furnifh them with diet and fmall beer. Till now it has always been fuppofed, that by receiving was meant, to furnish the foldier with fuch a bed as he could lie on, and with neceffary provifions at fuch a price as he could pay. But a different interpretation is now put upon this word; and as the doctors of the law thus differ among themselves, the Juftices of the Peace do not know how to behave. If you do not put an end to the difpute, by adding a few explanatory words to the law, which you are now to revive, a law-fuit muft, and is to be begun by information, for terminating this difpute.

This, Sir, will be attended with a great expence to the publick, as well as to the perfons that are to be fued ; which I think you ought to prevent, now you have so fair

an

an opportunity. But what is much worse than the expence attending a law-fuit, if, upon the event of a law-fuit, it fhould be found, that the owners of houfes where foldiers are quartered, are not by law obliged to furnish them with diet and small beer at the government's allowance, or with any thing else befides house-room, the country people, who naturally do not much like foldiers, will take all the advantage they can of what is declared to be law, and this may occafion a general mutiny in your army: for, on the other hand, the foldiers, men who have got arms in their hands, and who have been taught how to use them, won't like to give up a right they think they have a juft title to, and a right which they have enjoyed for at least threescore years without interruption. For preventing these dangers, Sir, I have drawn up a claufe, as I thought I was, by the duty of my office, obliged to do, which I fhall beg leave to lay before you. What I propofe is, That, inftead of the ufual claufe for obliging innkeepers and others to receive the foldiers billeted upon them, you should infert a clause as follows: "Provided nevertheless, and it is hereby enacted, That the officers and foldiers fo quartered and billeted as aforefaid, fhall be received, and furnished with diet and fmall beer, by the owners of the inns, livery ftables, alehoufes, victuallinghouses, and other houses in which they are allowed to be quartered and billeted by this act; paying and allowing for the fame the feveral rates herein after mentioned, to be payable out of the fubfiftence-money, for diet and fmall beer."

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The speech of L. Junius Brutus.
Mr Prefident,

T is an unfortunate state we are fallen into, that every feffion of parliament must be attended with new laws, or new claufes in old laws, for oppreffing the induftrious fubject, and endangering the liberties of the country. It is impoffible to levy high duties upon the neceffaries or conveniencies of life, it is impoffible to keep up numerous ftanding armies, without fuch laws, or fuch claufes; and yet we have, for twenty years, been contriving how to continue and increase

both. The high duties we grone under, were introduced for fupporting a heavy and expenfive, but neceffary war; but how the keeping up of a numerous standing army in time of peace, was introduced, I can no other way account for, than by fuppofing, that it was neceffary for fupporting unpopular, deftructive meafures, and a hated minifter. I am furpri fed to hear the forcible quartering of fol diers, upon publick or private houses, infifted on, as if it were a neceffary means for the fupport of our government. Sir, if we were to attend ftrictly to our conftitution, even as it stands at prefent, we ought, in no mutiny-bill, to admit of the quartering of foldiers, even on publick houses, except for a few nights, in their march from one garrifon to another, or for the first night after they arrive at the place defigned for their refidence. Tho we now keep up, tho' we have long kept up a great number of ftanding forces in time of peace; yet, properly fpeaking, they are no more than is fuppofed to be neceffary for guards and garrifons: and accordingly, the refolution annually agreed to in this houfe is, That the number of effective men to be provided for guards and garrifons in G. Britain, for the enfuing year, shall be fuch a number as is then thought necessary. Before the revolution, we had guards and garrifons,even in time of peace; but before the revolution, nor for fome years after, we had no quartering of foldiers, either upon publick or private hou fes, in time of peace, without the confent of the owner. On the contrary, by an exprefs law, the latter end of K. Charles II.'s reign, it was enacted, That no officer, military or civil, or other perfon, shall quar ter or billet any foldier upon any inhabitant of this realm, without his confent; which law ftood in force till near the end of the 1692, when the first law was made for quartering foldiers in publick houses.

Before that year, Sir, our guards and garrifons, by which I mean all the foldiers we had on foot, even in their marching from one place to another, were obliged to quarter themselves, as other travellers do, in houfes that were willing to receive them; and when they came to any garrifon, or place where they were to

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refide, every officer and foldier provided tended, they fhould be fo quartered for quarters for himfelf. In which I believe any longer than the first night after their there was no inconvenience found; for arrival. That this was the intention of when foldiers behave civilly, and are a- the act, is, I think, plain, from the next greeable to the people, there will always claufe of the act; whereby it is enacted, be houfes enough, either publick or pri- "That officers and foldiers, billeted as vate, that will be glad to receive them for directed by the preceeding claufe, fhall what they are able to pay, unless there be pay fuch reasonable prices as fhall be apa greater number of them than the place pointed by the Juftices of Peace in their can conveniently accommodate. From quarter-feffions; and the Juftices are therethe revolution to the 1692, we had a fort by required to fet rates for provifions, for of civil war amongst ourfelves; for Ire- one or more nights in their marching, land was not entirely reduced till the end and for the firft night only in places appointof the 1691 and as inter arma filent le- ed for their refidence." ges, perhaps, during that time, fome liberties were taken with the laws in refpect to quartering or billeting of foldiers. But in the 1692, the domeftick tranquillity of the three kingdoms being re-eftablished, the parliament began to think of reftoring the laws to their priftine force. However, as we were then engaged in a dangerous foreign war, and upon that account obliged to keep a greater number of troops in the kingdom than ufual; and as our troops were often obliged to march in great bodies, either from one place of the kingdom to another, as danger threatned, or through the kingdom in their way to Flanders, the parliament faw it would be neceffary to provide quarters for them upon their march, in a different manner from what had before been allowed by law; and therefore, in the mutiny-bill for the enfuing year, (which then firft began to be intitled, A bill for punishing officers and foldiers who fhall mutiny, or defert their majefties fervice, and for punishing falle muflers, and for the payment of quarters), the claufe for quartering foldiers in publick houses, without confent of the owner, was introduced; and has ever fince remained in all the mutiny-bills paffed to this very day for a favourite power once granted to the crown, is feldom recovered by the fubject, without fome remarkable revolution in our go

vernment.

But, by this claufe, as the act then ftood, it was not intended, that foldiers fhould be quartered or billeted in the places appointed for their refidence, even upon publick houses, without the confent of the owner; at least, it was not in

This, I think, Sir, plainly fhews, that, in places appointed for the refidence of foldiers for any time, neither officer nor foldier was to be quartered for more than the firft night, upon any houfe, publick or private: and the reason is evident; Because, being then fettled, if they could not agree with their landlords where they were firft lodged, for a continuance, they might next day look out for, and provide new lodgings or quarters for themfelves. It was not then intended to give any soldier, and much lefs an officer, a right to lodge in the beft room of an inn or alehouse, without paying any thing for it; and that perhaps for a year, or feveral years together. Even when they were upon a march, or for the first night after their arrival at the place appointed for their refidence, they were not to have their lodging abfolutely free; because the Juftices were certainly to have a regard to the expence and trouble of lodging them, when they fettled the rates they were to pay for provifions. The modern practice of giving every officer and foldier a free lodging in the house where he is quartered, whether he spends any of his money there or no, and even in the place where he is appointed to refide, as well as when he is upon march, would then have been rejected with great contempt, if it had been propofed: for it is really laying a tax upon the fubject, without the confent of parliament; at least without any fuch confent obtained in a regular manner, and according to the ufual methods of proceeding in parliament, when the subjects, or any part of them, are to be loaded with a new tax. But, a foundation being thus laid

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