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parts intermixed over or under future buildings, be erected of each other, in such manner that a stone, or of good sound hard wellparty-wall cannot be effectually burnt bricks, and none other, built upon

the old foundation, from the breast-summer upwards ; without pulling down fome parts and that the breast-summer in all of the one or the other ; the juf- houses shall not be higher than tices of the peace, in the general the floor of the one - pair of or quarter sessions on application stairs. made to them, are authorised to In cases of fire, the keepers of examine into the dispute, issue out other large engines are equally intheir order to the sheriff, or other titled with parish engines to the proper officer, to summon a jury reward granted by act 6 Anne. to view the premises, try the Actions are restricted to fix facts, and fix the value of any da- months after the fact is done. mages that may arise by yerdiet ; The penalties are to be levied, the justices order on such verdict upon conviction, by warrant of declared to be final.

two of more justices of the peace, The directors of insurance of- by distress of goods ; one moiefices within London and Westmin- ty to the informer, the other to ster are authorised, upon applica- the poor of the parish : and for tion of any person interested in or want of such distress, the offender intitled unto any houses or build- to be imprisoned for six months ; ing's burnt down or damaged by or the penalty may be sued for and fire, or where there is a suspicion recovered in any of the courts of that owners, occupiers, &c. who Westminster. have insured such houses, have Parishioners and inhabitants of been guilty of fraud, or wilfully the parish where any offence again setting them on fire, with a view the act shall be committed (ex: of gaining to themselves the infu- cept persons receiving alms) thall rance money, to cause the said mo- be admitted and allowed comper ney to be laid out and expended, tent witnesses. towards the rebuilding and repair- The act deemed and declared to ing such houses ; unless the party be a public act. claiming the infurance money fall, within fixty days after fuch claim, give security to the direc- An account of the parliamentary tors, that the same be laid out inquiry, made in March 1764, and expended as aforesaid.

into the causes of the then high Expence of party-walls pulled price of provisions. down and rebuilt, in pursuance of the act of și Geo. I. or those built Everal of the most considerable in pursuance of this act, after the butchers, and some victuallers ift of July, 1764, to be estimated of ships in London, being called between parties at the rate of 61. upon by the parliament, agreed 10s. per rod.

in ftating the present price of the That after three calendar months best beef, to be three-pence per fron passing the act, the back, and pound to the vender, which is iore-fronts, and party-walls of all about one half-penny dearer than



beef of the same goodness has usu- farthing to a half-penny per ally been in the month of March pound. for some years paft, to which To discover the causes of this point all

the witnesses were increafe of price, some salesınen brought in giving their evidence, were examined, who alledged, first, as it was thought necessary, in de- the greater demand from an intermining a comparative price, to crease in the present consumption adhere to the same month, to the of London ; but, upon ftriéter exfame meat, and of the fame good- amination, they produced no con-. nefs.

clusive, or indeed, probable eviThe witnesses stated the present dence, to prove any such increase price of the choice pieces of the of habitation, or of consumption, best beef to be, to the consumer, as they supposed. They then acfour-pence, and four-pence far- counted for this increase of the thing per pound ; the best pieces price of meat by the want of pork of inferior beef three-pence, or at market, proceeding from the three-pence farthing; and the great plenty of acorns in 1762, course pieces of beef, in general, which induced all the feeders to from seven-farthings to two-pence fatten their whole ftock of hogs in half-penny, and two-pence three- that year; and this extraordinary farthings, which is one half-pen- laughter they said is not yet reny dearer than the same have placed ; and that the want of one usually been in the month of article, in the general provisions March.

of so populous a city as London, An eminent victualler of the has necessarily advanced the price East-India company's ships agreed of other species : the whole de with the butchers in their repre- mand acting upon the whole quansentation of the present price of tity of the different forts of provi, provisions, and added, that he fion as upon one and the same suba did not recollect that the same ject. They added also, that the forts had ever been sold for a high- wet season had much lessened the er price during the last war : and weight of even fat cattle ; that the a Virginia merchant confirmed great scarcity of fodder, in 1762, this evidence by the comparative had reduced the breed and stock; prices of his own charge, in and that the failure of the crop of victualling his ships for Virgi- turnips in several counties, this nia, which he said he victualled year, had prevented those counin March, 1763, at the rate of ties fattening the usual quantities twenty-four or twenty-five fhil, of beasts. They assigned also the lings per hundred weight for beef: low price of hides and tallow, as whereas he, this year, gavę twen. an additional reason. But

upon ty-seven shillings for the same further examination, all the falesweight and fort. The butchers men and butchers admitted that also admitted the present price of the present high price is not entire: mutton to be higher than it usedly or exclusively the effect of nato be in March, but they stated tural causes, but an artificial price, the increase differently from a resulting from combinations, and

the the want of better regulations for · Draper's refutation thereof, in the sale of cattle, in open mar

a letter addressed to the earl of kets.

Halifax. In fupport of this opinion, they informed the parliament of a method now practised, of buying large

Arguments, &c. quantities of sheep and oxen upon the road to market in order to fore

HE generals, who

en- made themselves masters of groffers ; and of another species of Manilla, proposed on the fifth of forestalling, in which persons buy October, 1762, a capitulation to great numbers of sheep and oxen, the archbishop, who acted as goand, after slaughter, sell the car- vernor ; by which they promised caffes whole to the leffer butchers, to preserve the city from pillage, and thereby fet the market price to if the governor and principal mathem, and advance the retail price. gistrates would consent to, and And all the witnesses concurred, in sign the articles of, the faid capideclaring, that, if these combina- tulation; which they were forced tions and arts for gaining and to do, being threatened to be keeping the command of the mar- put to the sword, in case of rekets in a few hands could be ob- fusal. viated and prevented, the sum- Notwithstanding this shameful mer and winter price of meat, of capitulation, extorted and signed all forts, would be more reason by the means of violence and riable.

gour, general Draper ordered They were clearly of opinion, , suffered the city to be facked and that, at this very time, there is pillaged, for forty hours, by four no want of fat cattle ; and they thousand English, who plundered urged with great force, in support it of more than a million of dolof that judgment, that through lars. the whole month of March, when Therefore the said capitulation provisions have been so very dear ought to be void, because it was in London, beef, mutton, and veal, signed by force; and because gehave been at a moderate and usual neral Draper first violated and price in the markets of the several broke the capitulation, by permitcounties within thirty miles round ting the city to be pillaged: conthe metropolis,

sequently, that capitulation only, which was proposed by the governor, accepted of, and signed by admiral Cornish, and general Dra: per, upon the seventh of O&tober,

ought to be considered and respect: Arguments brought by the Spani- ed in this affair.

ards for refusing payment of the The first article of which, grants ransom bills, for preserving Ma- to the inhabitants of Manilla the nilla from pillage and destruc- peaceable quiet poffeffion of all tion, with an abstract of colonel their effects ; the fourth and


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fixth, liberty of commerce, under those terms of the ransom which the protection of his Britannic the Spaniards thought proper to majesty.

submit to : for they had the al

ternative, either to be passive unRefutation, &c.

der the horrors of a pillage, or

compound for their preservation ; : It is a known and universal rule they accepted the latter. of war among the most civilized The objection and pretence of nations, that places taken by force and violence may be made storm, without any capitulation, use of to evade any military agreeare subject to all the miseries that ments whatsoever, where the two the conquerors may choose to in- parties do not treat upon an equaflict.

lity ; for who, in war, will submit Manilla, my lord, was in this to an inconvenient and prejudicial horrid fituation ; of consequence, compact, unless from force? But the lives of the inhabitants, with have the Spaniards forgot their all belonging to them, were en- own histories? Or will they not tirely at our mercy. But christia- remember the just indignation exnity, humanity, the dignity of pressed against Francis the First, our nation, and our own feelings who pleaded the like subterfuge of as men, induced us not to exert force and violence, to evade the the utmost rigour of the possession, treaty made after the battle of Paagainst those wretched suppliants ; via, and his captivity ? although my own secretary, lieu- Should such elusive doctrines tenant Fryar, had been murdered, prevail, it will be impossible, hereas he was carrying a flag of truce after, for the vanquished' to obto the town. The admiral and I tain any quarter or terms whatso told the archbishop and principal ever : the war will be carried on magistrates, that we were desirous usque ad internecionem ; and if a to save so fine a city from destruc- fovereign shall refuse to confirm the tion, ordered them to withdraw, conditions ftipulated by the subconsult, and propose such terms of jects, who are in such critical situcompensation as might satisfy the ations, the consequences are too fleet and army, and exempt them horrid to mention. from pillage, and its fatal conse- By the same fallacious fophiftry, quences.

a ftate may object to the payment The proposals they gave in of the ranfoms of ships taken at were the very fame, which the fea, and to contributions levied Spaniards most artfully call a fe- in a country which is the seat of cond capitulation ; and were af- But it is always allowed terwards agreed to, and confirmed that, in such cases, a part must be by us (with a few restrictions); facrificed to save the whole ; and but at that time were so unsuitable furely, when by the laws of war we to their desperate fituation, that were intitled to the whole, it was we rejected them as unsatisfactory a great degree of moderation, to be and inadmissible. As conquerors, contented with a part. we took the

pen, and dictated The destruction that we could


have occasioned, would have tre- violence of shot, or explosion of bled the loss they suffer by the shells. Some of these were entered payment of the ransom. The rich and pillaged. But all military churches and convents, the king of men know how difficult it is to reSpain's own palace, with its fu- ftrain the impetuofity of troops in perb and coftly furniture, the mag- the first fury of an affault, espenificent buildings of every sort, cially when composed of such a the fortifications, docks, maga- variety and confusion of people, zines, founderies, cannon, and, who differed as much in sentiments in short, the whole might have and language, as in dress and combeen entirely ruined, the Spanish plexion. empire in Asia fubverted, and the Several hours elapsed, before the fruits of their religious mission principal magistrates could be lost for ever, together with the brought to a conference ; during lives of many thousands of the in- that interval the inhabitants were habitants, who were spared by our undoubtedly great sufferers. But, humanity. As a suitable and my lord, this violence was antecegrateful return for this lenity , the dent to our settling the terms of Spanish memorial affirms, that af- the capitulations; and by the laws ter the capitulation was signed, of war, the place, with all its general Draper ordered, or per- contents, became the unquestionmitted, the city to be sacked orable property of the captors, until pillaged for forty hours together, a sufficient equivalent was given by four thousand English, who in lieu of it. That several robplundered it of more than a million beries were committed, after the of dollars,

capitulation was figned, is not to As my own character, both as be denied : for avarice, want, and an officer and a man of honour, is rapacity, are ever insatiable : but fo wickedly attacked by this un- that the place was pillaged for just accusation, I must beg leave forty hours, and that pillage auto ftate'the whole affair in its true thorised and permitted by me, isą light; and do appeal for its vera- most false and infamous affertion. city to the testimonies of every. The people of Manilla, my lord, officer and soldier who served in have imposed upon their court by the expedition, and to all the ma- a representation of facts which ne rine department.

ver existed ; and to make such a We entered Manilla by storm, groundless charge the reason for on the sixth of October, 1762, with setting aside and evading a solemn an handful of troops, whose total capitulation, is a proceeding unamounted to little more than two heard of till now, and as void of thousand; a motley composition decency as common sense, of feamen, soldiers, seapoys, caffres, The following extracts from the Jascars, topasees, French and Ger- public orders, given out the very

day we entered the town, will fufMany of the houses had been ficiently convince your lordship, abandoned by the frighted inhabi- of my constant attention to the tants, and were burst open by the preservation of those ungrateful


man deserters.

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