on to be diverted by any incidental
questions, or ludicrous disputes.
Mr. GORE then spoke to the following effect:--Sir, that the allowance of
two quarts a-day is sufficient, and that to demand more is a wanton
indulgence of appetite, is experimentally known, and, therefore, no more
ought to be imposed upon the innkeeper.
Nor is this, sir, the only part of the clause that requires our
consideration; for some of the other particulars to be provided by the
victualler, may easily furnish perverse tempers with an opportunity of
wrangling: vinegar is not to be had in every part, of the kingdom, and,
where it cannot be procured, ought not to be required; for neither
reason nor experience will inform us that vinegar ought to be ranked
among the necessaries of life.
Sir William YONGE made the following reply:--Sir, by the alteration now
made in the clause, the innkeepers are effectually relieved from a great
part of the burden which, in my opinion, this act has hitherto laid upon
them; the necessity of furnishing the soldiers quartered upon them, with
provisions at the stated price, whatever might be the scarcity of the
season or of the country. That this was the intention of the act, is
asserted by those whose reputation and promotion are sufficient
evidences of their ability in the interpretation of our laws.
The innkeeper may now either accept or refuse the limited price, as it
shall appear to him most consistent with his interest; nor will there
be, for the future, any room for murmuring at unreasonable demands,
since he may oblige that soldier whom he cannot satisfy, to please
himself better at his own expense.
The choice of the liquor is, likewise, wholly referred to the innkeeper;
for the words in the clause requiring that he shall furnish three quarts
of small beer or cider, he complies, indisputably, with the law by
supplying either; and, therefore, the value of cider in any particular
county is not of much importance in the question before us; if cider be
more valuable than small beer, it may be withheld; if it be cheaper, it
may be substituted in its place; so that the innkeeper has nothing to
consult but his own interest.
That this is the meaning of the clause, is, I suppose, obvious to every
man that hears it read; and, therefore, I see no reason for any
alterations, because I know not any effect which they can possibly have,
except that of obscuring the sense which is now too clear to be
mistaken.
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