Sir John BARNARD spoke next, to the effect following:--Sir, though it
should be granted, that the clause before us is intelligible to every
member of this assembly, it will not certainly follow, that there is no
necessity of farther elucidations; for a law very easily understood by
those who make it, may be obscure to others who are less acquainted with
our general intention, less skilled in the niceties of language, or less
accustomed to the style of laws.
It is to be considered, that this law will chiefly affect a class of men
very little instructed in literature, and very unable to draw
inferences; men to whom we often find it necessary, in common cases, to
use long explanations, and familiar illustrations, and of whom it maybe
not unreasonably suspected, that the same want of education, which makes
them ignorant, may make them petulant, and at once incline them to
wrangle, and deprive them of the means of deciding their controversies.
That both innholders and soldiers are, for the greatest part, of this
rank and temper, I suppose, sir, every gentleman knows, from daily
observation; and, therefore, it will, I hope, be thought necessary to
descend to their understandings, and to give them laws in terms of which
they will know the meaning; we shall, otherwise, more consult the
interest of the lawyers than the innholders, and only, by one
alteration, produce a necessity of another.
I am therefore desirous, sir, that all the difficulties which have been
mentioned by every gentleman on this occasion, should be removed by
clear, familiar, and determinate expressions; for what they have found
difficult, may easily be, to an innholder or soldier, absolutely
inexplicable.
I cannot but declare, while I am speaking on this subject, that in my
opinion, two quarts of liquor will be a sufficient allowance. If we
consider the demands of nature, more cannot be required; if we examine
the expense of the innholder, he ought not to supply soldiers with a
greater quantity for nothing. It is to be remembered, that small beer,
like other liquors, is charged with an excise in publick-houses; and
that two quarts will probably cost the landlord a penny, and as we
cannot suppose that fire, candles, vinegar, salt, pepper, and the use of
utensils, and lodging, can be furnished for less than threepence a-day,
every soldier that is quartered upon a publick-house, may be considered
as a tax of six pounds a-year--a heavy burden, which surely
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