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/
[Page 386]
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
[Page 387]


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


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
[Page 389]
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

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


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)
[Page 390]
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

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
[Page 391]
11546 and probably lost amid that confusion

11547 (note to the 1819 edition of NOVANGLUS)


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,
[Page 392]
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

[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
[Page 394]
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.
[Page 395]


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


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
[Page 397]
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

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
[Page 398]
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

11814 prejudice.

11815 'For the calling and cancellation of

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