C. 27. The Execution of such Parts of both these Acтs, as relate to the Sale of Fresh Fish at BILLINGSGATE*, to the Chastise

Billingsgate was a Portal leading to the THAMES, but is now an indented Wharf, where Gravesend Passage Boats, Fishing, and other small Vessels, are moored. The Name, however derived, is of vulgar Notoriety, and the Flowers of Rhetoric exhibited by the Fish Dealers, to one another, and sometimes to their Customers, are proverbial throughout the Kingdom. It was declared a Free Market for FISH, A.D. 1699, subsequent to which Time, the Journals of the House of Commons, furnish the following Information.

"The Market was free and open, in 1758, and any Person might then buy any Quantity of FISH. In Summer, the Market began at Three o'Clock, in Winter, at Five in the Morning, and continued till about Eleven." Turbots · and other Fish were sold in Lots from the Forms, or Stalls, and a single Fish might be purchased, though such a Purchase was not usual. Cod, were laid in Lots from four to five Dozen, and sold to the best Bidder: a single Fish could not be bought Early in the Morning, but at the latter End of the Market, it might. The Fishmongers selected the Best, and the Basket People purchased the Remainder. JOHN KITTERMASTER, Fisherman, Salesman, and Fishmonger, at the above Period, possessed Six Fishing Vessels, which carried Eight or Nine Men each, and cost Six Hundred Pounds, a-piece, and employed from Thirteen to Fifteen Hundred Men, in the different Branches of the Fishing Trade, for Six Months in the Year. These Vessels, were sometimes Fourteen Days on a Voyage, and at others

M

ment of Persons having unsizeable FISH, or Spawn, &c. and to the Penalties, against Re

Six Weeks, and from the Twenty-sixth of November to the First of June, 1757, he brought above Five hundred Thousand Lobsters to LONDON, Fourteen Thousand Kits of Pickled Salmon, from SCOTLAND, in the same Year, and from Fifteen Hundred to Two Thousand Salmon Trouts, per Week. Eight Hundred and Eighty Fishing Vessels, paid Duty at Gravesend, from 25th June, 1756, to the same Date 1757. The Trade is now, very Extensively increased.

Some of the ancient Laws and Regulations respecting FISH, and the Fishmongers' Company, may be here inserted. "A. D. 1274, Ordinance of EDWARD I. prohibits Partnership in FISH with Foreigners, who bring the same in their Ships.

"No Fish, except Salt Fish, to be kept in LONDON beyond the Second Day, on Forfeiture of the Fish, and Fine at the KING'S Pleasure.

"1986. In the Mayoralty of JOHN NORTHAMPTON, an ACT of Parliament was obtained, for laying open the Trade to all Foreigners, in Amity with the KING, the said JOHN NORTHAMPTON, compelled them to acknowledge, that their Occupation was a Craft, and therefore unworthy to be reckoned among the other Mysteries.

"1400. Charter of HENRY IV. grants the Tolls of BILLINGSGATE, to the City of LONDON. The Tolls and Duties of the CITY Markets were let to Farm for Seven Years following 1692, at 3600l. per Annum. They then

graters or Forestallers of Fish, is specially committed by the ACT, to the Under Water

estimated their Interest in Queenhithe Meal Market, at Sixty pounds; the Groundage of BILLINGSGATE, at Fifty; and the Standings at Bartholomew Fair; rented, in some Years, for One Hundred Pounds.

"1485. The Fishmongers' Company endeavouring to monopolize FISH, Parliament enacted, that no Person should hinder any Fisherman (Foreign or Domestic) from disposing of their Fish, on Penalty of Ten pounds.

"A. D. 1536. Charter of HENRY VIII. incorporated Stock Fishmongers, and Salt Fishmongers, by the Name of the Wardens and Commonalty of Fishmongers, of the City of LONDON. They are governed by a Prime, and Five other Wardens, and a Court of Assistants.

"By 5th ELIZABETH, C. 5. S. 43. Fishermen could not be impressed, without the Authority of a Justice of the Peace.

"13th ELIZABETH, C. 5. S. 6. prohibits Foreign-taken Fish, from being dried for Sale, in ENGLAND."

We may here concisely describe the Corn Market, in Mark-lane, and which was originally held at Bear Quay, on the THAMES, but several artful Persons, wishing to rapidly increase their Finances, entered into a Subscription, and with the Produce erected the present Market, which they termed a CORN EXCHANGE, thus intending to hold it as private Property. The Dealers, invited by

Bailiff of the CITY, and to certain other CITY Officers, called Yeomen of the Water

the Convenience of the Edifice, would have frequented it as a Market, but the PROPRIETORS insisted upon their leaving the Premises, and even sent a Person, whom they called a Beadle, to beat the Samples of Corn from their Hands: this Conduct, induced certain Dealers to petition the Legislature for Redress, when Mr. SCHOLEY, Cornfactor, declared in Evidence, that he had seen the Beadles turn People off the EXCHANGE, and that there are Twenty

The following Case very lately decided in the Court of EXCHEQUER, seems to abolish the Practice of selling CORN by Sample, as to its Legality.

Hill v. Smith, in Error.-This was an Action of Trespass, brought by the Plaintiff against the Defendant, by which the Plaintiff, sought to recover Damages from the Defendant, for taking a Quantity of Corn belonging to the Plaintiff, as for Toll for Corn, said to have been sold by Sample, in the Market at WORCESTER.-Judgment had been entered by the Defendant, and the Plaintiff had removed it by Error into this Court.-Sir JAMES MANSFIELD this Day pronounced the Judgment of the Court. From a Review of the Law of the Case, from the earliest Authorities down to the present Period, the Court was of Opinion, that a Sale by Sample, was not a legal Contract for the Sale of any thing whatever; and that the Lord, or Superior of an open or public Market, was not entitled to Toll, or Duty, on any Commodities, not brought in BULK into the Market, and there disposed of in open Market. Supposing a Person to have 1000 Bushels of Wheat which he intends for Sale, but only 50 Bushels of which, he brings into the Market and sells, that could never be construed to amount to a Sale in open Market, of the whole 1000 Bushels, but of the 50 Bushels only. A Sale by Sample, it had been held by Lord COKE, and by other great Law Authorities, was illegal; such a Sale was directly against the original Principle and object, for which a Market was appointed. It was directly against the whole Spirit of the Law, relating to the Origin of Markets. It was therefore ordered, that the Verdict for the Defendant be reversed, and that it be sent back to the Court below, to order an Inquiry into the Amount of Damages to which the Plaintiff was entitled, for the Trespass committed against him, in taking of his CORN.

Side. The last Ordinances made under these Acrs, were confirmed by the JUDGES, and promulgated A. D. 1785.

eight or Thirty Leases, granted, of so many Parts of the Buildings, which did not descend to the Heirs of the Holders, but expired with them, nor could any Possessor under those Leases, who became Bankrupt, or compounded with his Creditors, ever be admitted to sell there again. The present improved Regulations of the Market, where Stands, for the Display of Samples, may be procured with out Artifice, were the Result of the above Application.

There are Ten Corn-Meters, or Measurers of Corn, whose Offices are, to see Justice done to the Purchasers, These are sold to the highest Bidders.

In 1757, One Corn-Meter's Place produced, 26007.

The Proportions of Cultivated Land*, has been seen in the preceding Pages.

As recent Evidences of the FERTILITY of two Sorts of Grain, most serviceable for the Sustenance of MAN, may be recorded, that in October, A. D. 1811, three Pints of WHEAT, were dibbled into a small Spot of Ground, whereon formerly stood a Blacksmith's Forge, in the Parish of BECKLEY, in SUSSEX, occupied by T. BOWLER, which this Year produced Six Bushels and three Gallons. It is common to sow One Hundred and Ninety-two Pints, or three Bushels on an Acre, which, according to the above, would give Four Hundred and Eight Bushels, or Fifty-one Quarters of WHEAT per ACRE; and, that in September, 1812, there was growing on a piece of bog Ground, in the Farm