The Massachusetts spy. [volume] (Boston [Mass.]) 1770-1772, 1771-05-23

TIME when the government "@S o
for the pupoic Of occurring liberty, look
upon il as a contribution as irreveriible as
MAGMA Charta. Indeed it is the peculiar
Magma Charta of the city, and y mt TO De
for ever held facred: What then becomes
Of the legality of your warrant { 10 the CITY
it is not only contrary 10 immemorIal pre-
fcrption, which is common law, but a'io 70
all the charters of the city, and to the ll'e-
verfible ftatute of William and Mary. nus
then the warrant is illegal in this particular
cafe becaule it infringes the rights OF the
city. This, though fuRicient juitIhca'lo,n
| of the Lord Mayors conduct, is not the only
defence that may be offered. The warran.
is fubverfive of the general and fundamental
laws OF the realm laws which exiited before
the Houfe of Commons was known. ne
Great Charter fays, stthat no freeman ihall
&C be taken or imprifoned, &c. but BY the.
&C Lawful judgments of his peers, or by the
-" law of the land )" or, as theie words are
explained by the fatute of the 2Sth OF Ed
| ward the third, chap. "a. 4" by indictment
6 or prefentment Of good and lawful people
&" ofthe fame nelghbouthood where the crime
" was committed, or by proceis made oy
&C writ original at the common law. he
fame language is held in IS Edw. Ill. Z. 4
How come you by the authority OF iuPerieolng
tbele laws epprehend that the three bran
ches Of The Legislature cannot, without over
turning the contribution, afiume fuch an au-
thority. They have, indeed, in Gales OF great
danger and neceli;y, iulpended the HabeaS
Corpus act. But was it ever heard that,
when there was king upon the throne, and
a Houfe of Lords in being, the Commons ar
roeated to themielves fuch power In be
preien, cafe you claim perpetual authority
of fufpending the law; spriviege, which the
people certainly never meant to grant TO the
whole legnature, much leis TO part, and
rhat part too their own fervants. own that
you can imprlfon, becauie you can imPeach.
! But is this your intention on the PTetent &C.
cafion I None of you will pretend to advance
fuch an abfurdity. That courfe, according
20 Lord Holt, is never to be taken, except
where the crime requires ifrief proiecution,
AID very much concerns the public. In no
other cafe, but in that of actual contempts in
the Houie, have you the right of committing
perfons, who are not members of your Houfe.
Ia confequence of a meHage lent by James
the irff to- his Houle of Commons, they gave
up this claim; except where you mean to
prolecute, you have no authority to impriion;
becaule your impriionments are in the nature
of judgments and puniihments powers not
velted in you, as you are no court ofJudIca-
ture.- --What is the reaion you cannot adj
minHer an oath. And party, who denies
or utilities, can never be legally ceniured or
punrlhed without an accufation upon oath.
The fecond ingredient in lawful warrant
is in yours totally wanting. You have no
zeal to ufe; a clear proof that the contribution
did not mean to leave you the power OF iiiung
warrants, any more than to the fovereign.
If either of you Judge yourfelves injured, you
are to order the proper officer to Profecute
the offenders in the court of jutice. When.
the King is obliged to follow this courfe, it is
no degradation of your authority to be fub-
jea to the fame regulation. However great
and awful you may reckon yourfelves, the
law ought to be fill more great and awful.
The third requiite in good warrant needs
but little dlcufiion. The reafon why you
would commit was, becauE your speeches
bad been Publfhed. Is this legal caufe of
commitment Do you imagine that your
cont:iruents have no right to know how you
execute your commfien, how you difcharge
the truf Iepofed in you? You may COM