The Press-Gang Afloat and Ashore by J. R. (John Robert) Hutchinson
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page 17 of 358 (04%)
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discharged, seriously, because he is a Freeholder. It's a
qualification easily attained: a single house at Wapping would ship a first-rate man-of-war. If a Freeholder is exempt, _eo nomine_, it will be impossible to go on with the pressing service. [Footnote: It would have been equally impossible to go on with the naval service had the fleet contained many freeholders like John Barnes. Granted leave of absence from his ship, the _Neptune,_ early in May, "in order to give his vote in the city," he "return'd not till the 8th of August."--_Admiralty Records_ 1. 2653--Capt. Whorwood, 23 Aug. 1741.] There is no knowing a Freeholder by sight: and if claiming that character, or even showing deeds is sufficient, few Sailors will be without it." [Footnote: _Admiralty Records_ 7. 299--Law Officers' Opinions, 1756-77, No. 64.] Backed by this opinion, so nicely in keeping with its own inclinations, the Admiralty kept the man. Its views, like its practice, had undergone an antipodal change since the Kingston incident of fifty years before. And possession, commonly reputed to be nine points of the law, more than made up for the lack of that element in Mr. Attorney-General's sophistical reasoning. In this respect Thurlow was in good company, for although Coke, who lived before violent pressing became the rule, had given it as his opinion that the king could not lawfully press men to serve him in his wars, the legal luminaries who came after him, and more particularly those of the eighteenth century, differed from him almost to a man. Blackstone, whilst admitting that no statute expressly legalised pressing, reminded the nation--with a leer, we might almost say--that many statutes strongly implied, and hence--so he put it--amply justified it. In thus begging the question he had in mind the |
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