The cantos of ezra pound [from The Cantos of Ezra Pound (1972)]
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11357 burdens upon us 11358 independent of grants of our commons. 11359 attest 11360 Andrew Boardman town clerk 11361 Judges salaries shd/ be independent both of the king 11362 and of the people 11363 great danger if commission hang upon either 11364 a civil commission gives no new powers 11365 tyranny in them to assume it 11366 common lay of England, BIRTHRIGHT of every man here 11367 and at home 11368 'not look on my self as in state of nature [Page 385] 11369 and is pity that other man shd/' 11370 Wm/ Brattle 11371 It is the wish of almost all good men, replied Adams 11372 that what Brattle states were good law. 11373 But from Edward First's time to the present letters patent 11374 are otherwise worded 11375 sic: beneplacitu nostro. 11376 Ad regis nutum duratura 11377 says Fortescue 11378 chancellor 11379 will it be shown that by 'judges' Genl Brattle 11380 means barons of Exchequer? 11381 custos rotolorum and clerk of the peace 11382 were created by statute not erected by common law 11383 Sir Edward Coke, who being in King's displeasure, 11384 was removed from his place by writ of the King 11385 reciting that whereas etc /// ... appointed to desist from ... 11386 timid jurors and judges who held during pleasure 11387 never failed to second the views of the Crown 11388 he, James Second, was obliged before he brought Hales' case 11389 to displace 4 of his judges 11390 By concerts between King James and Sir Edward ... 11391 his coachman was employed to bring action ... 11392 Jones had the integrity to tell the King to his face 11393 that he might make 12 judges but wd/ scarce find 12 lawyers 11394 of his opinion. 11395 'Wishing Genl Brattle success in his researches' 11396 J. Adams 11397 By another clause (in our Charter) 11398 that the great and general court or assembly 11399 shd/ have power 11400 to erect judicatories courts of record 11401 and other courts 11402 to determine pleas processes plaints actions etc/ 11403 whereby a law (2 William III) have established etc/
11405 was, for the uncertainty, VOID 11406 By letters patent and under great seal 11407 in all shires, counties palatine and in Wales 11408 and any other dominions
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11409 Whereof memory of man runneth not to the 11410 contrary 11411 Dome Book Ina, Offa and Aethelbert, folcright 11412 for a thousand years 11413 and I must add that it appears to me extraordinary that a 11414 gentleman educated under the great Gamaliel, Mr Read, shd/ 11415 adduce the single dictum of a counsel at bar uttered arguendo, 11416 as an ornament to his discourse, not pertinent to his argument, 11417 as if this settled something 11418 'by the great sages of law formerly and more latterly'; 11419 having behind it no colour or pretence of other authority. 11420 Aula regum, in Norman times split into 4 courts, 11421 the summus justiciarius was laid by, lest he get into 11422 the throne as had Capet. Regalia principis (Saxon) 11423 whence most of the prerogatives of the Crown are derived 11424 in those ages 11425 judiciary a mere deputy of the King 11426 in whose presence his (the judge's) authority ceased 11427 cum delegans revocarit (Bracton) 11428 Baastun Gazette '73 11429 [Image] clear 11430 as to definitions 11431 CHING 11432 But he (Brattle) has been extremely unfortunate in having 11433 Bracton, Fortescue, Coke, Foster, Hume, Rapin and Rushworth 11434 directly against him 11435 the materials are at the service of the public 11436 I leave them to jewelers and lapidaries to refine 11437 to fabricate and to polish. 11438 de Burgh in a vain hope of perpetuating his power ... 11439 Mr Shirley in 1754 confided to Dr Franklin a secret 11440 that is a scheme for taxing the colonies by act of Parliament [Page 388] 11441 WHERETO Ben said: nuts 11442 in a very accurate manner. 11443 'Gevernors' sez he 'whose object is in general to make 11444 fortunes' 11445 Shirley a skunk, Pownall a gentleman honest, 11446 Bernard skilled enough in the law to do mischief 11447 and thus the total government was to be rendered wholly 11448 independent of the people 11449 and the cream to go into their salaries 11450 (governor's, lieutenant's and judges') 11451 (signed) Novanglus 11452 This preposterous 'improvement' of Mr Grenville's 11453 has wellnigh ruin'd the whole 11454 OBSTA PRINCIPIIS 11455 the army is here merely a publick nuisance 11456 Does the sincere writer really believe that the design 11457 of imposing other taxes has been laid aside by the ministry 11458 and of the new-modelling of the government? 11459 they had now the governor's salary out of the revenue 11460 and a number of pensions and places I wish Massachusetts 11461 knew what a democracy is, what a republic 11462 Irritat mulcet et falsis terroribus implet 11463 colonization is at common law a casus omissus 11464 no such title is known in that law 11465 no known punishment at common law even for treasons 11466 committed out of the realm 11467 till Hen. VIIIth 11468 to catch Cardinal Pole i.e. statute. 11469 Most fanatical that ever got into human pericranium 11470 that he had a right to all lands his subjects cd/ find, and 11471 even that infers no right in Parliament ... or 11472 feudal, had right of contract (on that tack) 11473 feudal king had no more right to absolute over Englishmen 11474 out of the realm than in Britain 11475 In fact the oily writer now leaps over law
11477 there is no fundamental law that makes a king of England 11478 absolute anywhere except it be in conquered countries, 11479 and an attempt forfeits his right even to the limited crown 11480 for 150 years taxed themselves 11481 and governed their internal concerns 11482 Parliament governed their trade 11483 Wales was in some things an analogy 11484 held of the crown but not parcel 11485 Edwardus Deo Gratia Angliae 11486 Dom. Hib. et Dux Aquitaniae terram Walliae cum incolis suis 11487 in nostrae proprietatis dominium 11488 now partly to divert his subjects from the murder of Becket 11489 lays pretence 11490 that the Irish had sold some English as slaves 11491 Adrian an Englishman by birth being pontiff 11492 very clearly convinced of his own right to dispose of 11493 kingdoms and empires and by power of pence of Peter 11494 to establish an Empire of the World 11495 that Henry's demand upon Ireland proceeded from pious 11496 motives 11497 seeds of gospel etcetera fructify for Eire's eternal salvation 11498 and oblige every house to pay yearly one penny to Rome 11499 Macmorral the raper and Rourke of Meath as our junto 11500 and as to how Irish in Henry the Vth's time were let into 11501 England 11502 'shall put in surety for their good abearing', 11503 contract called Poyning's law, 11504 consent of the Irish Nation and an act in their parliament 11505 (Poyning's) EDGARDUS ANGLORUM BASILEUS 11506 insularum oceani imperator et dominus gratiam ago 11507 Deo omnip. qui meum imperium 11508 sic ampliavit et explicavit super regnum patrum meorum 11509 concessit propitia divinitatis ... 11510 Hibernia habet parliamentum (vide Sir J. Pilkington's case)
11512 educated under care of my nearest friends ... 11513 militant spirit, and the nation under a very large debt. 11514 How shall we manage it? these noblemen and ignoblemen 11515 words of Lord Mansfield and his admirer (governor 11516 Hutchinson) 11517 AMERICAN governments never were erected by parliament 11518 these regalia and jurisdictions not given by parliament 11519 a little knowledge of the subject will do us no harm 11520 Chester a palatine county and had jure regalia 11521 Great seal did not run into Chester 11522 for remedy 3 knights of shire 11523 2 burgesses of the city established 11524 Chester in crown and realm exempt from authority 11525 how quickly granted representation when asked it 11526 'In Durham Queen's writ hath not run' 11527 25 Charles II be represented by knights and by burgesses 11528 true our oily opponent 11529 has here more zeal than knowing 11530 Nation was not polite enough 11531 to have introduced any such phrase or idea into our charter 11532 not one farthing ever was voted 11533 or given by King or his Parliament. 11534 Style royal? as king over France? Ireland? Scotland or 11535 England? 11536 seals, leagues, coin are prerogative absolute 11537 seals, leagues, coin are prerogative absolute 11538 to the king without parliament 11539 not restrained to any assent of the people 11540 homage, fealty are to the person 11541 can not be to body politic 11542 the king might have commanded them to return but he did not 11543 In the Boston Gazette 17th April 11544 Hostilities at Lexington commenced on the 19th of April 11545 several other papers were written and sent to the printer
11547 (note to the 1819 edition of NOVANGLUS) 11548 PLAN OF GOVERNMENT 11549 ('76 or '75 from Philadelphy) 11550 to R. H. Lee of Virginia 11551 on sudden emergency ... 11552 legislative, executive and judicial ... Printer John Dunlap 11553 as likewise to Mr Wythe of Virginia: some forms are better 11554 than others ... happiness of society is their aim 11555 KUNG Zoroaster Socrates and Mahomet 11556 'not to mention other authorities really sacred' 11557 fear renders men stupid and miserable ... 11558 honour is a mere fragment of virtue, yet sacred ... 11559 foundation of every government in some principle 11560 or passion of the people 11561 ma che si sente dicho 11562 Locke Milton Nedham Neville Burnet and Hoadly 11563 empire of laws not of men 11564 ... Be in miniature a portrait of the people at large ... 11565 (the representative body) 11566 ... of learning and experience of the laws, exemplary morals 11567 great patience calmness attention 11568 not dependent on any body of men: 11569 judges, Executive.... 11570 secrecy and dispatch ... whence 11571 a great assembly can not execute, it is too clumsy. 11572 The colonies under such triple government wd/ be 11573 Unconquerable by all the monarchs of Europe 11574 few of the human race have had opportunity like this 11575 to make election of government, more than of air, soil or 11576 climate 11577 When before have 3 million people had option 11578 of the total form of their government? 11579 (Pat Henry, thus continuing:) 11580 I put up with the Declaration for unanimity's sake,
11582 Colonel Nelson is carrying our resolution ... 11583 lest the enemy be before us in Paris 11584 confederacy must precede open alliance 11585 the arguments that delegate Bracton favours 11586 are weak shallow evasive 11587 wd/ to God you and Sam Adams 11588 were here in Virginia 11589 if all yr/ features can not be kept here 11590 at least we will keep some family likeness 11591 will you and S. A. now and then write. 11592 Printed by John Taylor of Caroline in 1814 11593 To John Penn '76 from J. Adams: 11594 no more agreeable employment 11595 than the study of the best kind of government 11596 to determine form you must determine the end 11597 (that is purpose) 11598 single assembly is liable to all the vices follies and frailties 11599 ... prerogatives, badges of slavery ... 11600 (similarly to Jonathan Sergeant, he 11601 requiring explicit advice as to taking up powers of government) 11602 Fixed laws of their own making 11603 equitable mode of making the laws 11604 impartial and of apt execution. 11605 Freeholders of an estate of 3 L/ per annum 11606 or any estate to the value of 60 pounds. 11607 Duty of legislators and magistrates 11608 to cherish the interest of literature ... 11609 and principles of ... good humour ... 11610 (Constitution of Massachusetts) 11611 I was apprehensive in particular that 11612 'natural history' and 'good humour' wd/ be struck out, 11613 Wrote John 34 years later 11614 It is significant wrote Chawles Fwancis that persons [Page 393] 11615 who have since been erected have not ... etc.... 11616 been greatly literate 11617 and no public man down until 1850 11618 expressed doubts of the immaculate 11619 nature of govvymint by the 11620 majority. 11621 'Either content with the U. S. constitutions 11622 or too timid to speculate on constitutions at large' 11623 representatives of the people ... susceptible to improvement 11624 (question?) 11625 ... read Thucydides without horror? 11626 words lost their significance 11627 ... Mr Hume has collected massacres from D. Siculus 11628 most polished years of Greece 11629 Ephesus three forty killed 11630 Cyrenians 500 nobles 11631 Phaebidas banished 300 Boeotians 11632 in Philiasia they killed 300 people 11633 at Ægesta, 40,000 men women and children 11634 killed for their money 11635 take away armies, the nobles will overturn every monarch 11636 in Europe 11637 and set up aristocracies 11638 No interviews with the gods by those on this service 11639 Grosvenor Sq. 1787 11640 but as architects consulting Vitruvius and Palladio 11641 the young gents of literature in America 11642 to this kind of enquiry. 11643 ... doubted by Tacitus though he admits the theory is a 11644 good one 11645 facilius laudari quam invenire 11646 vel haud diuturna 11647 optime modice confusa, said Cicero. 11648 ... 11649 concors tamen efficitur ... civitas consensu
11651 San Marino, the founder, a Dalmatian by birth 11652 and by trade a mason.... 11653 Whole history of Geneva: 11654 the people have given up all balances 11655 betraying their own rights and those of the magistrates 11656 into the hands of a few prominent families ... 11657 nobles to trade in a general way 11658 to carry on velvet, silk and cloth manufacturies 11659 Venice at first democratical ... 11660 Anafeste's real merit. 5 massacred, 5 blinded and exiled 11661 9 deposed, one killed in a foreign war 11662 thus 20 of 50 doges, plus 5 abdications 11663 before they thought of limiting powers 11664 and another 200 years before planning a government 11665 an aristocracy is always more cunning 11666 than an assembly of the people collectively 11667 armies given to kings by the people 11668 to keep down the nobles 11669 whereon nobles depend from the crown 11670 and the people are still under their domination 11671 2 thousand 5 hundred nobles in Venice 11672 the stadtholder from father to son 11673 who after Lolme need write of regal republics? 11674 recent instance 11675 the Ukraine insurrection 11676 only in Neuchâtel 11677
11678 as in antient Rhodes, probably in three branches 11679 jura ordo ... aequitas leges ... 11680 stadtholder, avoyer, alcalde, capitaneo?? if Mons Turgot 11681 has made any discovery ... 11682 orders of officers, not of men in America 11683 no distinct separation of legislative, executive and judicial 11684 heretofore save in England.
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11685 The philosophers say: one, the few, the many. 11686 Regis optimatium populique 11687 as Lycurgus in Spartha, reges, seniores et populus 11688 both greeks and italians 11689 archons, suffestes or consuls 11690 Athenians, Spartans, Thebans, Achaians 11691 using the people as its mere dupe, as an underworker 11692 a purchaser in trust for some tyrant 11693 dexterous in pulling down, not in maintaining. Turgot 11694 takes a definition of the commonwealth 11695 for a definition of liberty. 11696 Where ambition is every man's trade is no ploughing 11697 How shall the plow be kept in hands of owners not hirelings? 11698 Lycurgus 11699 to the end that no branch by swelling ... 11700 to say that some parts of Plato and Sir Thos More 11701 are as wild as the ravings of Bedlam 11702 (found Milton a dithering idiot, tho' said this with 11703 more circumspection) 11704 Lowered interest without annulling the debt ... 11705 in this transaction.... There is nothing like it in the original 11706 Mr Pope has conformed it to the notions 11707 of Englishmen and Americans 11708 in Tacitus and in Homer, 3 orders, in Greece as in Germany 11709 and mankind dare not yet think upon 11710 CONSTITUTIONS 11711 'No man in America then believed me' 11712 J. A. on his Davila, recollecting. 11713 Be bubbled out of their liberties by a few large names, 11714 Hume, probably not having read them. 11715 Whether the king of the Franks had a negative on that 11716 assembly [Page 396] 11717 'forward young man' wrote the critic 11718 on an unsigned J. A. (J. A. being then 53 and vice 11719 president) 11720 Pharamond on the banks of the Sala 11721 here again the french jargon 11722 not one clear idea what they mean by 11723 'all authority' 11724 MISERIA servitus, ubi jus vagum 11725 primitive man was gregarious, passions, appetites and 11726 predilections 11727 to be observed, commended esteemed. 11728 I take it Mr Hillhouse is sincere 11729 yet wd/ it not be more representative 11730 to say that every colony had a governor, 11731 a council, senate and house 11732 none of which went by heredity? 11733 Emissaries of Britain and France cd/ speak and hold caucuses 11734 Commission to France '77 11735 'chased enemy half a mile' 11736 (Lafayette heading some Morgan's rifles) 11737 Henry Laurens. 11738 'give me leave to present you an introductory letter to 11739 Mons. le Comte de Broglie.' 11740 De Klab 11741 'in my entertaining them with the best correspondence' 11742 Lafayette 11743 ('in the noble cause we are fighting for') 11744 'novelty of the scene, the inexperience of the actors ... 11745 against paying for things we haven't ordered' 11746 J. Adams 11747 'U.S. will doubtless grant some facilities to 11748 french privateers' 11749 De Sartine 11750 in much larger sums than in the ordinary course of 11751 business is needed
11753 paper money from its possessors 11754 upon interest 11755 and promised payment of that in Europe 11756 B. Fr. A. Lee J. A. 11757 to Vergennes 11758 to know how you (Beaumarchais) claim the Theresa 11759 as your proper vessel, because M. Monthieu claims her as his. 11760 Demurrage of her, part of which we have paid ... 11761 and John Baptiste 11762 Lazarus ... agent of Caron de Beaumarchais 11763 representative of Roderique Hortalez ... 11764 'consecrated my house to Dr Franklin 11765 and associates ... was understood I shd/ expect no 11766 compensation 11767 I beg leave you permit this to remain ... 11768 Ray de Chaumont 11769 As to Bersolle, charges for repair of the Drake 11770 shd/ be Jones's 11771 supplies or slops to the Ranger 11772 shd/ be Jones's 11773 (Paul Jones's) as the Chatham belongs 1/2 to the public 11774 1/2 to the capturers 11775 charges shd/ be 1/2 to moitie 11776 munitions and repairs to the Ranger 11777 to us 11778 B. F. A. Lee J. A. commissioners 11779 to Schweighauser, banker 11780 Whatever vessels of war are sent to America 11781 shd/ be plentifully supplied with marine woollen cloths 11782 blankets, mittens 11783 difficult without these in cold season 11784 the commissioners, Franklin 11785 A Lee J. Adams 11786 to de Sartine
11788 affly/ to Master Johnnie 11789 and believe me with gt/ esteem, Sir, 11790 B, Franklin 11791 Leghorn, if Vienna receive an American minister ... 11792 also 2 acts of the 4th and 15th ascertaining yr/ salary ... 11793 and making provision for yr/ subsistence in France 11794 Huntington, president 11795 My Dear General 11796 The skill of our enemy (England) 11797 in forging false news ... annual custom to 11798 send out these cargoes of lies it is 11799 their way of passing the winter 11800 thus by 'appeasing the troubles in Ireland' 11801 by contracts with German princes 11802 and especially Petersburg: 20,000 russians 11803 12 ships of the line 11804 also Denmark 45 vessels (line) 11805 (to La Fayette and to Genet) 11806 'the art of political lying in England better than elsewhere) 11807 19th (next day) 11808 'no contracts with German princes' 11809 Mr Burke's bill not yet being public 11810 Mr Fox's severe observations on Govr/ Hutchinson 11811 the precise point of the solstice 11812 says Bolingbroke 11813 they in sinking scale do not easily cast off habitual 11814 prejudice. 11815 'For the calling and cancellation of Yüklə 2,9 Mb. Dostları ilə paylaş:
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