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alicious informations; yet we must fee, at every manufacturer of, and every ealer in, filk ribbands, laces, or girdles, ll thereby be exposed to great danger nd vexation. For it will always be in the power of every fervant in such a man's ily, to fubject him to the penalties ated by this act; as 5 l. or 500 l. worth of foreign silk laces may be easily caveyed, and lodged in a very little an; and as 5 s. worth of fuch laces, and in his cuftody, subjects him to the alty equally with 500 1. worth: how then will it be for a fervant, coning with a cuftomhouse-officer or exreman, to lodge 5 s. worth of French bands, or laces, in fome by-corner of mafter's houfe or fhop without his owledge? As foon as the fervant has ane fo, the officer goes and lodges an formation, fworn to and figned by him, ere two juftices, that there is good on to fufpect, that a parcel of foaga filk ribbands, laces, or girdles, are ed or concealed in fuch a man's houfe op: the justices are obliged to grant eir warrant: the conftable is obliged to bey the warrant: the officer goes along th him, and of course finds and feizes goods: it is impossible for the innofet and aftonifhed mafter to prove, that te goods were manufactured within G. tain; therefore the justices must conen the goods; and the master, befide ng his character, must pay the penalty; the ftands a fuit, he must pay the petity with cofts. In all this the traite

fervant keeps behind the curtain, dreceives his fhare of the penalty from he exciseman: it is not neceffary for the ant to appear in any part of the proeng; confequently he can run no risk ofing his character; and his confedee will acquire the character of a faithand diligent officer, by which he may bably gain preferment.

From thefe circumstances we may with dreafon fuppofe, that fuch confederawill be often entered into; and in eay fuch cafe the unfortunate mafter of thop cannot fo much as attempt to Fave, that the goods feized in his fhop ere manufactured within G. Britain. tfuppofe that an officer, upon a falfe ormation, or from a mere vexatious de fhould come into a retailer's fhop, feize a parcel of filk ribbands, laces, girdles, that were really manufactuTed within G. Britain, how fhall he prove at they were fo? He can prove it no

other way but by the oath of the manufacturer; and unless the manufacturer has put a private mark to every piece be manufactured, and kept an exact regifter of all those marks, he cannot, with a fafe confcience, pofitively fwear, that the goods feized, which have perhaps been for months, or years, out of his hands, are the very goods which were manufactured by him, and fold to fuch a retailer. Nay, fuppofing he had put such a private mark, and kept such a register; yet, if he be as fcrupulous as every man ought to be, he will not fwear pofitively, because his mark may have been difcovered, and the mark, as well as the manufacture, exactly imitated by fome foreign manufacturer. The ridiculous taste of our quality for French fashions and French manufactures, has, we know, made our filkweavers extremely ingenious at imitating French patterns; and the hopes of a high price in England may make the French filk-weavers equally ingenious at imitating patterns fent them from England; which will of courfe render our filk-weavers fhy in fwearing pofitively to any par cel of filk-manufactures that has been but a few months out of their hands.

Thus it must appear, that it will be extremely difficult for a retailer of fuch goods, even here in London, to bring a pofitive proof, that any parcel of goods in his flop were actually manufactured within G. Britain: how much more difficult muft it then be for a country-retailer to bring any fuch proof? We know the filk-fhops or mercers in all our distant cities and towns have their goods from the great mercers fhops in London, which are furnifhed by the filk-weavers in Spitalfields, and other places in and about London. If a cuftomer at Exeter, and another at Newcastle, dhould have 20 1. worth of their goods feized, under pretence of their being foreign manufacture; muft the London mercer go down to Exeter, and from thence to Newcastle, to fwear that these goods were fent from his fhop in London ? and must he carry the Spital-fields weaver along with him, to fwear that both thefe parcels of goods were manufactured by him? Does not every one fee that this would be abfolutely impollible? Confequently both thefe retailers must patiently fubmit to have their goods condemned, and to pay the penalty inflicted by law; and what is till worfe, to have themfelves branded as fimugglers of French manufactures.

In

In fhort, if our judges and juftices of the peace infift upon a full and pofitive proof, that the goods feized were manufactured within G. Britain, I am perfuaded, that few feizures will efcape condemnation. On the other hand, if they accept of a fuperficial proof, I am afraid that very few fuch foreign manufactures will ever be condemned, unless seized at their first landing: for fmugglers have long fince thewn, how artful and ingenious they are at evading our laws; and if they can once get their goods fafely landed, they will always have it in their power, by means of fome underhand affociate, to bring a fuperficial proof of their having been manufactured within G. Britain, as long as we have any fuch manufactures in the kingdom. Therefore, if fuch a fuperficial proof be admitted as fufficient for preventing condemnation, I believe no customhoule or excile officer, or other informer, will ever venture either to fearch or feize, without fuch a confederacy as I have mentioned: for though the act does not require it, yet I must suppose, that the contable must always have the informer, or fome fuch officer, along with him, when he goes to execute the juftices warrant; and from the 9th claufe of this act, I muft fuppofe, that if an officer, or other informer, fearches a man's houfe, or feizes his goods, upon an information that from the event appears to be falfe or groundJefs, an action will lie against him for da. mages, or for amends, as it is called in that claufe, at the fuit of the man whofe houfe has been fearched, or goods feized, upon fuch a groundiefs fuggeftion; which action no officer or informer will chufe to expofe him!elf to, as fuch gentlemen can never expect much favour from an Englifh jury.

Leave was given, March 15. to bring in a bill for more effectually fecuring the payment of the duties upon malt, by preventing frauds in the obtaining of allow ances, and the mixing of fre!h corn or grain with corn or grain making into malt; and a committee, of whom Mr Of wald was one, was appointed to prepare and bring it in. The bill was prefented next day; and as it appeared evidently to be a neceflary one, upon the principles which had before been adopted, it paffed in courfe, and received the royal affent on the gift.

As this new law (of which a full abAra is lately [21] given) has not only

a proper penalty annexed, but also a proper method appointed for difcovering and convicting the trangreffors, it will probably be effectual for the end intended; and therefore, if the bill had been brought in early in the feffion, and a proper time allowed for the peoples being apprised of its purport, there might perhaps havi been petitions from fome of our maltiter against it; at least, if there had not, i would have been a proof that no incon venience or damage was to be apprehend ed from obliging them to keep their con covered with water for forty hours in an feafon of the year whatfoever; and con fequently would have obviated the objec tion fuggefted against this regulation when it was first introduced. [xxii. 506.

Leave was given, March 24. to brin in a bill, for the further improvement e his Majesty's revenue of the customs, an for the encouragement of officers makin feizures, and for the prevention of th clandeftine running of goods into any par of his Majesty's dominions; and a com mittee was appointed to prepare and brin it in. The bill was pretented on th 29th, pafled in courfe, and received th royal aflent at the end of the session.

This act is in effect an act for amendin and improving the feveral following law that are now in force, viz. 12° Geo.. c. 28. 11° & 12° Will. III. c. 10. 12 Geo. II. c. 21. 24° Geo. II. c. 41. §. Geo. II. c. 35. 8° Ann. c. 7. 15° & it Geo. II. c. 31. and 5o Geo. I. c. 11. a of which amendments and improvement appear to be neceffary, and are very pre per for putting an entire ftop to the infa mous trade of fmuggling, if it were poffible but whilft our high taxes upon confump tion continue, this, I fear, will always b found to be impoffible in this country, a well as it is in France, where finugglin cannot, we know, be prevented by th abfolute power of their grand monarque affifted by a little army of cuftomhouse-of ficers and maltotiers, and fupported by ftanding army of above 100,000 men o regular troops. And as by this new af there are fo many alterations made in ou laws now in being, it is to be supposed that every officer of the revenue, and every mafter or commander of a merchant fhip or cruifer, will always have in hi poffeflion a copy of the act itself; therefore I fhall here take notice only of fore of the moit general claufes. By the third claufe it is enacted, That if the produce of any particular feizure tha

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tot be fufficient to answer the expences of condemnation and fale; or if, upon the rial, a verdict fhall be given for the claimat, the commiffioners of the cuftoms ay order the charges to be paid out of abranch of the revenue of the customs plicable to the payment of incidents. The claufe will certainly encourage officers to feize; but I wifh it may not encourage them to be vexatious; and there fre I hope our commiffioners of the cuwill always take care, not to order echarges to be paid by the public, but when there was a very strong appearance folid ground for the feizure. By te fourth claufe it is enacted, That his Majesty may, by order in council, or by clamation, direct, that the moiety, or ether part, of a feizure made by any four cruifers, fhall be divided amongst e officers and feamen of fuch cruifer, in proportion as his Majefty fhall think An order of council was accordingly fred for this purpose, of date June 1. 466.] which, when the veffels ting the feizure are thips or floops of ar, commanded by captains, is a tranpt of the proclamation iffued at the anning of the war, for the distribution rizes taken from the enemy, by which tecaptain has three eighths [xviii. 334.]; zd when feizures are made by cutters, manded by lieutenants, the lieute t commanding has one half. But if a ager fhare were to be given to the fubtem officers and feamen, this would lean effectual regulation for preventing captain's conniving at the clandestine portation of cuftomable or prohibited, pads, or the exportation of wool, or any mer fort of goods prohibited to be export- By the ninth clause of this act, eid act 5° Geo. I. c. 11. is extended all his Majefty's British dominions, to as relates to fhips or velels of fifty bs burthen, or under, laden with cuonable or prohibited goods, that fhall found hovering on the coafts of Iread, or any other of his Majefty's domis or territories belonging to the crown G. Britain.

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A petition of the merchants and others ployed in the manufacturing, buying, advending, of woollen clothing, in ad near the market-towns of Rochedale Bury in Lancashire, was prefented March 25. fetting forth, That an extenfive trade had been carried on for many years, by the petitioners, in the making and vending broad and narrow bays, as VOL. XXVI.

well for home confumption, as for expor tation; that fuch trade hath, of late years, been very much increased; that greafe, or ftale and dirty butter not fit for eating, is an effential material for preparing their wool for fpinning and manufacturing; that no material yet found out, can be fubftituted, fo as equally to anfwer the purposes of the manufactory; that the petitioners laboured under great difficulties in procuring the fame; and that the prices of it had, within the last two years, been very much inhanced, and a fufficient fupply for the ufe of the manufactory could not be procured upon any terms whatsoever; and alledging, that the permitting a free importation of fuch grease, or butter, from Ireland, would be the means of enabling them to procure a fufficient fupply thereof, and of greatly extending and improving the faid woollen trade and manufactory; and would be attended with many other beneficial confequences: and therefore praying, that leave might be given to bring in a bill for permitting the importation of such grease, or butter, under fuch provifions and reftrictions as to the houfe thould feem meet.

This petition was referred to a committee; and on the 28th, the Lord Strange reported from this committee, the refolutions they had come to; which being then read a fecond time, were agreed to, viz.

1. That the manufactory of broad and narrow bays, in and about Rochedale and Bury, in the county palatine of Lancafter, is large, extenfive, and increa fing; and that great quantities thereof are exported to Spain, Portugal, Germa ny, and other parts.

2. That for want of a fufficient quantity of ftale and dirty butter not fit for eating, commonly called grease-butter, which is ufed in the faid manufactory, the manufacturers are greatly diftrefled, and the manufacture is in danger of being reduced, and the exportation of fuch goods greatly leffened.

3. That the permitting the importation, from Ireland, into the port of Liverpool, of ftale and dirty butter not fit for eating, commonly called greafe-butter, will be advantageous to the manufacturer, and of great public utility.

As foon as thete refolutions were agreed to, leave was given to bring in a bill for permitting the importation from Ireland, into the port of Liverpool, of stale and dirty butter not fit for eating, commonBb

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ly called grease-butter; and his Lordship, with other three members, were ordered to prepare and bring it in. The bill was prefented next day; was then read a first time; and was read a fecond time on the 30th, and committed for next morning. The house went through the bill in a committee, on the 31ft, and ordered the report to be received on the 11th of April, to which day the house was to adjourn for the Eafter holidays. On that day there was prefented a petition of the manufacturers of bays, and fundry other woollen goods, in Colchester, Bocking, Braintree, and Coggefhal in Effex, the fame in fubftance with the aforefaid petition from Lancashire; and alledging, that if the port of London fhould be opened under the fame reftrictions as the port of Liver pool, the petitioners could be furnished from thence, by water-carriage to the port of Colchester, and ports adjacent; and therefore praying, that the port of London might be alfo open for that purpofe, or that the petitioners might have fuch other relief as to the houfe fhould feem meet.

This petition opened the eyes of moft gentlemen. and made them fee, that every material neceflary for our manufac tures ought to be rendered as cheap as poffible; and that therefore, if it can be had in any one part of our own dominions at a cheaper rate than in another, a free importation or tranfportation ought to be allowed. The natale folum may darken and bias the understanding of fome gen. tlemen, but any man would be an undu tiful child to his mother-country, fhould he, from fuch a blind, though laudable affection, chufe to expofe to ruin any mas nufacture once established in the county or province where he was born, rather than admit of a neceffany material being brought into it from any other. For this realon, upon the report, which was on that day made by the Lord Strange, and taken into confideration, the bill was altered, by thereby admitting of a general importation of this material from Ireland; confequently the title of the bill was accordingly altered, and the bill, with the • amendments, was ordered to be ingroff ed; after which it paffed both houfes in common courfe, and received the royal aflent at the end of the fetliom.

By the firft claufe of this a &,after a proper preamble, it is enacted, That from

and after the pafling of the act, the inportation of greafe butter from Ireland, fhall be allowed, for five years next enfuing, and from thence to the end of the then next feflion, without paying any fubfidies, customs, or impofitions; and without incurring any penalties, &c. on account of fuch importation; provided fuct butter, and the package and quantity there of, be duly entered. By the fecond clauf it is enacted, That if any fuch greafe-but ter fhall be stopped or feized by any offi cer of the customs, on pretence of bein fit to eat, or otherwife not within th meaning of the act, any two juftices fo the county or divifion are authorised an required, within fourteen days after a plication, to hear and determine the ma ter in a fummary way, and for that pu pofe to examine on oath, two reputab dealers in butter, one to be chofen by t importer, and the other by the office and alfo fuch other witnefles as fhall defired by either party; and their dete mination to be final. And the third the ufual claufe in favour of thofe again whom any fuit fhall be commenced, or my thing done in pursuance of this act

From this act the reader may fee, h cautious we are of admitting the free i portation of any thing that may leffen price of any land-produce, however ceffary that importation may be, for fubfiftence of the poor, or for enabling to work up any manufacture at fuc cheap rate as to have it in our power export and fell it at a foreign market: even this material could not, we fi gain admiflion for any longer term th that of five years; and as our dealers butter. are in effect to be the judges,, may believe, that the butter impor muft be ftale and dirty indeed, if it be by them condemned. What the office to do with the butter after it is conder ed, this act does not determine. If he obliged to export it, I believe very feizures will ever be made; and if he allowed to vend it in this kingdom, act will produce a fine job for our cust houfe officers. Confequently, we perhaps have another act relating to gre butter, even before the expiration of prefent term. How fertile, are our ta of acts of parliament, let our late ftat books determine!

[To be continued.]

To the author of the SCOTS MAGAZINE.
SIR,

London, March 31. 1764. Every effort towards improving the language of North Britain, deferves proportioned praise. The remarks therefore and Scoticifmns in the 686th and 687th pa ges of your twenty-fecond ufeful volume, were no lefs laudable there, than where they first appeared. Yet, in the fame view, it feems prober, because poffible, to improve fome of the criticifins, which tre far from wanting merit; and to Wara our countrymen equally against fancying all Scoticifms to be there contained, or all there contained to be Scoticifons.

Of ball and will it is faid, that "the latter, in the first perfon, expreffes the intention or refolution, along with the fotore event; and that the former, in the fecond or third perfon, marks a necefSty," &c.

Will, in the first perfon, may exprefs mere volition, without futurity: as, Wilt thou have this woman?

I will [now have her].

If thou wilt, thou canst make me clean.
I will be thou clean.

that is,

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If you [or he] did [or should do] it, you [or he] would be a lofer.

If you [or he] did [or would do] it, you [or
be] thould be no lofer,

In the former of which the confequence
is contingent, and in the latter promiflo-
ry.

With regard to these and those: "Where
a relative is to follow, and the fubject
has not been mentioned immediately be-
fore," thofe is faid to be always required.

Thefe is indeed excluded; but the may fuffice, where fpecific demonftration is not intended. In general therefore can we as properly mention,

the obfervations which he made

the kingdoms which Alexander conquered
as in particular,

thofe obfervations which he made
thofe kingdoms which Alexander conquered.
As to past times in te or t,
Milton does indeed say,

In thoughts more clevate

but fo far is he from being, as pronoun-
ced, the only author who uses that ex-
preffion, that Young fays, in his Com-

I will [or am willing to make thee clean: be plaint, night ii (v. 129 ].'

abre fo. Just fo,

I will walk; I am willing [or refolved] to ak, &c.

Shall in the fecond or third perfon, oes not always mark a neceflity: it there, as well as in the first perfon, may Werely speak a promise.

You [or he] ball walk, may therefore gnify, You or he] Jhall be allowed, as Well as fhall be obliged, to walk.

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Of bould and would it is faid, that they are conjunctive moods; and that when a condition and confequence are expreffed, the former always requires Bold, and the latter would, in the fecond and third perfons."

Should and would are no more conjuncfive moods than hall and will; but paft Limes of thofe auxiliaries; and fo muft doubtless preferve their analogy. A condition therefore and confequence may interchange bould and would in the fecond or third perfon, as they there may interchange inclination and contingency. As we fay, then,

If you [or be] [thall] do it, you [or he] will

be a lfer.

Souls elevate, angelic, wing'd with fire
and night ix. [ix. 221.]

Minds elevate, and panting for unfeen,
And defecate from fenfe, alone abtain
Full relish of existence undeflow'r'd.
Nay, fo frequent is this poetic participial,
that we read in the fame author and
night [ix 68.],

Stars animate that govern thefe of fire;
and night i. [v. 76 ],

How complicate, how wonderful is man!
Night ix. again [ix. 121.],

And, fatiate of his journey, thinks of home.
If Young be no acquaintance or no fa❤
vourite of the critic, we may remit him
to Milton (were his authority erling)
for many inftances of this Anglicum: as,
Paradife loft,

ix. 112. Of creatures animate with gradual life.
xi. 821. A world devote to univerfal rack.

Thus diftinct from the participle is the
participial; which is indeed almoft pecu-
liar to poetry, the Scoticifm being its em-
ployment in profe. Where the Scotch,
then, ufe the participial for the participle,
the English ufe the participle for the par-
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ticipial;

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