The Massachusetts spy. [volume] (Boston [Mass.]) 1770-1772, 1771-08-22


who can tell what the end wili bc And i
eshb2ar Kingdom h:s Ihcwsd 'hc weird an
odd example. Ia 81 oiher cafes the tacrcd-
nels OF ne pe,ion sXemp's him from all in.
cmnven;cnCss whereby he IS iecurc Whi.il
the govennrrnt Ranis, from all violence and
ham wh4tlocyer. Than which there can
not be wiler contribution. For the harm
he can do in his own peIion, not being likely
to happen often, nor TO extend irf9G far, nor
being able by his Jingle RreDgth to lIbyert the
laws, nor opPrefs the body Of the people,
ihould any Prirce have 70 much wesknels
and Immature as to be willing TO DO it, the
inconveniency Of fjne particular mIichiefs
that may happen lome times when a heady
Prince comes to the throne, are well recon
penled by the peace Of the Public and fecu-
rity of the government, in the perfon of the
Chief Magiilrate thus lei out of the reach of
danger. 1t being fafer for the body. thar
fome few private men fhoud be fometimes in
danger to fuffer, than that the head of the
republic ihould be caiy, and upon fig &C
cations expofed.
Secondly, But this privilege belonging
only to the Kings petfon, binders not but
they may be queftioned, oppoled, and reGGed,
who ufe unjut force, though they pretend a
conrmifiion from him, which the law auth
lilies not. AS it plan in the cafe OF hiTr tiiat
hath the Kings writ to auef man, which
is full commiflion from the King and yet
he that hath il cannot break open a mans
houfe to do it, nor execute this command of
the King upon certain days, nor in certain
places, though this commHion have no iuch
exception in it, but they are the limitations Of
the law, which if any one tranlgrtls, the
Kings commifion executes him not. For
the Kings authority being given him only by
the law, he cannot Empower any one to act
againH the law, or juaify him, by his commit
fion in 70 doing The ccmmiGion,o or command
of any magiarate, where he has no authority,
being as void and iDEgni6cant as that Of any
private man. The difference between the
one and the other, being that the Msgifrate
has fome authority e far, and to fuch ends,
and the private man has more at all. For it
is not the commiaion, but the authority tina,
givesthe right of acting and aganR the laws
there can be no authority. But, notwith-
Randing fuch reiaance, the Kings perfon and
authority are till both fecured, and 70 no dam
Ger TO Governor or Government.
Thirdly, SuppoGng government wherein
the perfon of the Chief Maginrate is not thus
facred yet this doctrine of the lawfulneis of
refiflng all unlawful exerciles of his power,
will net upon every flight location endanger
him, or imbroil the Government. For where
the injured party may be relieved, and his
! damages repaired by appeal TO the law, there
can be no Pretence for force, which is only to
be uled where man is intercepted from APP
pealing to the law. For nothing is to be &C
counted hottie force, but where it leaves not
the remedy offuch an appeal. And III fuch
force alone that puts him that ufes it into
Ra,e of war, and makes it lawful to refiR him.
A man with fword in his hand demands
my purfe in the highway, when perhaps ]
have not I'D. in my pocket this man | may
lawfully kill. To another / deliver 100 ].
to hold only Whit | alight, which he refu-
les to refore me when | am got up again,
but draws his fword to defend the pofieihon
of il by force, if | endeavour to retake it.
The mitchell this man does me, is hundred
or oofiby thoufaud times more than the
other perhaps Intended me, lwhcmI killed