11357 burdens upon us
11358 independent of grants of our commons.
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
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
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/
11404 and in Edward IV this Beauchamps commission
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
11409 Whereof memory of man runneth not to the
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
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
11441 WHERETO Ben said: nuts
11442 in a very accurate manner.
11443 'Gevernors' sez he 'whose object is in general to make
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
11476 now over fact now over charters and contracts
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
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
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)
11511 majesty near the seventy, amiable successor
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
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
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
11546 and probably lost amid that confusion
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
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,
11581 it is not pointed as I wd/ make it
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
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
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
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.
11649 concors tamen efficitur ... civitas consensu
11650 ubi justitia non est, nec jus potest esse.
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
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.
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?
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
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
11717 'forward young man' wrote the critic
11718 on an unsigned J. A. (J. A. being then 53 and vice
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
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'
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
11752 Congress having borrowed large sums of this
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
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
11787 It is certain that a loan of money is very much wanted
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
11815 'For the calling and cancellation of
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