490 PROCEEDINGS of the POLITICAL CLUB, &c. Nov.

feriptions were taken in, I am apt to fuspect, that the receivers, or fome or them, will appear to have been guilty of fome error of this kind. It is eaty to invent and aflign a plaufi. ble reason for departing from the directions of the act. It is eafy for A the receivers to pretend their having been apprehenfive, that the fubfcrip. tion would not have been filled, if the directions of the act had been ftrictly adhered to; but if it fhould appear that they wilfully departed from them, this can be no excufe; B firit, because it was, in my opinion, a vain and groundlefs fear, lor no man could fuppofe, that in a time of profound peace, and when there was no where any great demand for money at intereft, there was not in the British dominions, and in thofe C neighbouring countries with which we have a continual correfpondence, an hundred thoufand perfons who would be ready and willing to advance 31 merely for the fake of being in the way of fortune, had the chance of the lottery been more D unequal than it was, as every one was fecure against the practice of any fraud in the drawing, and of being duly paid the prize he fhould become intitled to, whatever it might be.

And, in the next place, had there been any folid ground for this fear, the receivers had no power to depart from the directions of the act: It was the height of arrogance in them to pretend to it, because it was affuming to themfelves a degree of wisdom fuperior to that of the legiflature.

E

it with a corrupt and mercerary de-
fign. What was the leg flature's
reason for thus confining the fub.
fcription? Was it not to prevent
thofe evils, which in moft lotteries
had been experienced, namely, that
of leaving it in the power of the re-
ceivers to give a preference to their
friends and favourites, or to confe-
derate with a few rich men, in order
to forefall the market, and by in-
grofling a great number of tickets,
to raife them to a high premium, by
means of the arts ufually practifed in
'Change-Alley? If then it fhould
appear, that the receivers knowingly
allowed any one perfon, or any
number of perfons, under any pre-
tence whatfoever, to fubfcribe for
thousands of tickets each, after it
appeared fo evident, that the tickets
would fell at a premium, can we
fuppofe that they did fo without pri-
vately flipulating fome advantage, or
fome fhare of the profits to them-
felves? I fall grant, that if they
did fo without any fuch p.ivate fti-
pulation, it was only an error in con-
duct, for which they ought to be
cenfured, tho' not punished; but if
we confider how difficult, if not im-
poflible, it is to prove any fuch pri-
vate ftipulation, as I have faid be-
fore, I do not think it any breach of
charity, nor coatrary to any rule of
law, for the parliament to prefume
fuch a private ftipulation, and to
treat them accordingly.

Now, Sr, with regard to the taking in fubfcriptions and iffuing receipts before the books were opened, FI fhall grant, that the receivers were by the act empowered to do fo, before their receiving the books with the tickets from the managers and dirc&ors of the lottery; but every one knew, that the fubfcription was defigned by the legiflature to be open and free. Even the receivers themfelves were fo fenfible of this, that they appointed and publickly advertifed in the Gazette, the day when, and the place where, the fubfcrip

This pretended fear cannot therefore, Sir, be any excufe for the receivers departing from the directions given by the act, or by thofe who were by the act empowered to give them further directions; and if we confider the reason why the legifla. G ture confined the fubicription to not above 20 tickets to any one perfon, we muft prefume, that if they knowingly tranfgreffed this rule, they did

1754. PROCEEDINGS of the POLITICAL CLUB, &c. 491

tion books were to be opened, and
how long they were to continue
open; therefore their taking in fub-
fcriptions privately at any other time
or place, was granting a preference
to their friends and favourites, con-
trary to what they knew to be the A
defign of the legislature; and their
iffuing receipts for fuch fubfcriptions
before the day appointed for opening
the books was, in my opinion, the
chief cause of all thofe ftockjobbing
arts which were afterwards fet on
foot. This, therefore, was likewife B
at least an error in conduct, for
which they ought to be cenfured;
and if the amount of the fubfcrip-
tions fo taken in was any way confi-
derable, I am apt to fofpect it was
done with a criminal defign, that is C
to fay, with a defign to procure
fome illegal and unjuft advantage to
themselves, tho' this too is a fact,
which, I fear, it will not be in the
power even of this houfe to discover,
fo as to found a profecution at com.
mon law.

Laftly, Sir, with regard to the fubfcribers, I was indeed furprifed to hear the Hon. and learned gentleman who spoke laft contend, that because no man was expressly by the act reftrained from fubfcribing for as many tickets as he could procure, therefore it was not illegal, nor fraudulent or criminal in a man to procure 10,000 tickets for his own benefit, unless he did it in confederacy with others, to ingrofs the whole, or the greatest part of the lottery, in order afterwards to make an unjuft advantage by the fale. Surely, the learned gentleman who, notwithftanding his modefty, knows as much of the law as moft others, muft allow, that foreftalling, regrating, and ingroffing, were crimes in their own nature, before the law was made against them in the reign of Edward VI. and he will likewife, I believe, allow, that thefe crimes are properly defcribed in that ftatute. Let us then fee what that law fays;

D

E

F

It declares, that a buying or con-
trafting for any merchandize, vic-
tual, or any other thing whatever
in the way, coming by land or wa-
ter to any fair or market to be fold,
or caufing the fame to be bought,
or a diffrading people by word,
letter, mefiage, or alterwift, from
bringing fuch things to market, or
perfuading them to enhance the price
after they are brought thither, is
foreftalling Now, according to this
part of the law, it is evident, that
all thofe who fubfcribed for tickets
before the opening of the books,
were foreftallers; and fome of those
who fubfcribed afterwards may be
found to have been fo; for if any,
one of them employed brokers to
make fham purchases in order to en-
hance the price of tickets, he was a
forefaller by the exprefs words of
this law, the punishment of which is
a forfeiture of the goods fo bought
or fold, or the value of them, and
two months Imprisonment.

By the fame law, Sir, it is in the next place declared, that a regrating is a buying, or obtaining any of the commodities therein mentioned, when brought to a market to be fold there, and a telling of the fame again, in the fame fair or market, or place, or in fome other fair or market within four miles. And in the third place it is by the fame law declared, that an ingroffing is a getting into one's poffeffion by buying, contract, or promife, any of the goods there n mentioned, with intent to fell them again. It is true, as lottery tickets had never then been heard of, they are not among the goods mentioned in the two laft parts of the ftatute, confequently the regrators or ingroffers of them could not be indicted upon this ftatute, but, I believe, if the fact were proved, an indictment would lie at common law; and perhaps many of the o'iginal fubfcribers might be indicted by that ancient rule of the common law, which provides, that no merQ992 chant

492

PROCEEDINGS of the POLITICAL CLUB, &c. Nov.

chant fhall boy in grofs within the realm, and fell the fame commodity again in grofs within the realm; for uch a man was by our ancient law, and long before this ftatute of Edward VI. deemed to be a forftellarius qui eft pauperum deprofior, et to- A tius communitatis et patriæ publicus

inimicus

I am therefore, Sir, ready to concur with the Hon. and learned gentleman in opinion, that if the particular crimes which have been committed, and the perfons who did commit thofe crimes, as also the perfons who could prove the facts, were known, the guilty might be profecuted and punished by indiaiment or information at common

that the criminals, if any be, ought to be punished, yet fhal be for fuffering the guilty to escape rather than concur in any thing that may hurt our conflitution. But at prefent I am under no apprehenfion of being brought under fuch a dilemma: I am fure we may not only inquire, but may make that inquiry as itrict as we peale, without the leaft incroachment upon our conititution; and if there be any truth in what is fo generally reported, I am conB vinced, we fhall be able to lay a folid foundation for a conviction as well as profecution at common law; in which cafe I can with confidence truft to the juftice of our judges, for inflicting as feverea punifliment upon the guilty, as the fingular lenity of Cour law will admit of; therefore I fhall moft heartily give my vote for agreeing to the motion.

law; but tho' it is probable, and
common fame avers, that fome very
heinous frauds were practifed with
respect to the fubfcription, and fale
of the tickets, for the laft lottery,
yet we neither know what fort of
frauds they were, nor do we know
who were the perfons guilty, or who
they are that can give evidence of D
their guilt; and in fuch circum-
ftances, under fuch a total ignorance
both as to perfons and facts, the
moft cunning lawyer that ever ap.
peared in Westminster- Hall, would
find it impoffible to commence a pro-
fecution at common law. It is this, E
Sir, that makes a parliamentary in-
quiry neceflary. If any fraudulent
practices were committed, we may
probably by fuch an inquiry difcover
what thofe practices were, who were
the perfons guilty, and who are the
molt proper perions for proving the
facts to the fatisfaction of a jury;
and I believe, no man can pretend
to fhew, how thefe difcoveries can
be made by any other method thản
that of a previous inquiry in parlia-
ment. When by a proper and a
frict inquiry we have made thefe
difcoveries, which, I hope, we fhall
be able to do, we may then deter-
mine what is the next courfe to be
taken; for tho' I am very clear'

F

G

See our Magazines for May and June la?, p. 201, 249,

kingdom.

PROCEEDINGS of the POLITICAL CLUB, &c. 493

B

1754
kingdom. I am still of the fame
opinion, and therefore I could not
but with pleasure hear that a bill was
brought into the other houfe, even
by our minifters themselves, for the
repeal of that dangerous law. But
the preamble which has been now A
read to us, gives me the utmoft fur-
prize I cannot but look upon it as
a more extraordinary inftance of mi-
nisterial haughtiness and obftinacy
than is to be met with in the British
annals. The gentlemen who were
last year the patrons and promoters
of the bill then pafled into a law,
have, it feems, cordefcended to fa-
crifice their favourite fcheme to the
fatisfaction of a deluded people, as
they fuppofe them to be; but rather
than acknowledge that they were in
the wrong, or under any millake,
they are refolved to give a reafon for
this their good-natured condefcen-
fion, which not only is falfe in fact,
but implies a reflexion upon the
whole people of this kingdom; for
this is plainly the meaning and the
intention of the preamble now un
der our confideration.

C

tion, nay, who for their own fafety, would at all times be ready to fupport any scheme for the eltablishment of arbitrary power; and this came at laft to be the opinion not only of thofe of the established church, but of almost every man in the kingdom who profelles himfelf, or has any fort of pretence, to be a Chriftian.

In this refpect therefore, Sir, the preamble, as it now ftands, muft be allowed to be falfe; and to fuppofe it true, is to throw as great a reflexion upon the whole people of this kingdom as can be thrown upon the people of any country; for it is fuppofing them fo ignorant and weak as to be impofed upon by artful men, and made to believe that to be for their dishonour and deftruction, which is really in itself quite innocent, or which might tend greatly to their prefervation and happiness. I fay, Sir, the whole people, for I may with great propriety fay fo, because, I believe, there never was a law made in any country that produced Dfo gener 1 a murmur among the people; and how different thofe of this age who pretend to be whigs, are from their ancestors, may appear from this preamble. Among their ancestors the eflablished maxim was, Vox Populi eft vox Dei; but their pofterity of this age have in this preamble told us, that Vox Populi eft vox Diaboli, as it mult be, if it be directed by artful and wicked men. But whatever the late patrons of this law may now think, I believe, the people of this kingdom, to take them in general, are, upon mature confideration, as good judges of their own intereft or honour as the majority of either house of parliament can pretend to be; and if it were otherwife, if they could be fo eafily impofed on or led, as this preamble infinuates, I would have thefe patrons confider, that this preamble is a very high reflexion upon the wifdom or the vigilance of our miniflers; for they certainly have a better

If we agree to this preamble, Sir, we must agree, and every reader muft fuppofe it to have been the opinion of this houfe, that the law was in itself an innocent and an ufeful law, but that occafion had from E thence been taken, by fome wicked people, to raise difcontents, and to difquiet the minds of many of his majefty's fubjects. Now this I fay, Sir, is abfolutely falfe in fact. The occafion for thofe difcontents and difquietudes was not taken, but F given: It was the law itfelf that gave the occafion: The more it was confidered, the more its evil and dangerous tender.cy appeared; fo that at last a great majority, I may fay almoft the whole people of this kingdom, came to look upon it as G an affront upon the religion we profels, and a defign to introduce among us a large body of people, who from intereft as well as inclina

opportunity

494 opportunity and more power to direct a weak and ignorant people with regard to their opinions, than any fet of private men can poffibly have; and therefore if they have allowed the people to be impofed on and miled with regard to their opinion A of the law now to be repealed, it muft proceed from a failure either in their wisdom or their vigilance; for, I hope, it will be allowed to be the duty of every minifter, to take care that the people fhall not be impofed on, and it is certainly his intereft to take all poffible care to prevent the people's conceiving a bad opinion of any of his measures; and the more weak and ignorant the people are, the better opportunity he has to do fo, because he has the proper means for this purpose more at his com- C mand than any fet of private men can have.

PROCEEDINGS of the POLITICAL CLUR, &c. Nov.

B

we have had fince that time,, I mean, the act piffed in the 7th of the late king, for giving his majesty a power to remove perfons fappofed to be infected with the plane from their habitations, and to make lines about, and confire the inhabitants within fuch places as fhould be infected; for this act having raised great dif contents and difquietudes in the minds of his majesty's fubjects, it was for that reafon repealed by an act of the very next feflion, without throwing any reflexion upon the people, or fo much as infinuating that their difcontents and difquietudes were without any folid foundation. On the contrary, the preamble contained an exprefs acknowledgment, that the execution of the powers in the act to be repealed, might be grievous to the people, and confequently, that every member of either house who had agreed to it, was in the wrong, or had erred in his judgment; which is much more than I now defire. I have thereDfore, I fay, good reafon to hope, that gentlemen will follow that precedent upon the prefent occafion, at leaft fo far as not to throw any reflexion upon the people; and confequently, I fhall conclude with moving for the amendment I have mentioned.

E

Thus, Sir, as the preamble now under our confideration contains an affertion which is falfe in fact, and as it implies a reflexion, which muft neceffarily be an unjust and falfe reflexion, upon the fenfe of the people of this kingdom, or a very juft and true reflexion upon the wifdom or vigilance of our miniiters, I think, I have good reafon to hope, that I fhall fucceed in the amendment I am to propofe, which is, to leave out the words, occafien has been taken from the jaid att to raise difcontents, and to difquiet, and to infert in their ftead, great difcontents and difquietudes had from the faid act arifin in. This amendment, Sir, will remove the objections I have made; and as F it does not contain any exprefs acknowledgment, that thofe who promoted or agreed to the pafling of that act were under any mistake in their judgment, I hope a majority of them will agree to this amendment *; in which, I think my hopes the bet-G ter founded, as we have a precedent which happened at a time when we had as wife, and, I believe, as haughty an adminiftration, as any

AM not at ali afhamed to own that I was laft feffion for the aft which is now propofed to be repealed, and gave my vote for the bill in every step it made thro' this house. I could not then think it a bad bill, tho' I thought it of no great importance; and as I have ftill the fame opinion of it, I fhall with the fame indifference agree to its being repealed; for to both, I think, we may RN

*Sec our Magazine for July laft, p. 3'5•

very