The Massachusetts spy. [volume] (Boston [Mass.]) 1770-1772, 1772-04-03
Ap.H 8.


by the ancient proceis oflaw, ibould have
teen liable to inhumerable actions fer eicsres
and to the payments of their reflective
debts. ldefpiie the cowardly meanneis of
fuch defence. have never iArunk from
any danger in the fupport of the laws OF my
country. But aver upon a clofe examina-
ton of the ltatute law Of this kingdom, the
deliberate judgment of one of our fupeiior
Courts of Jaiice, and the private opinions
of the ioundeit lawyers, whom lconluted,
thought it my duty to direct the ulual
warrants 10 Gle in my name, as minifte-
n4. officer of law. could not think my
ieii j.hihrd, fom a raotive of compa.ion,
walch IN every cafe of diarefs fee!, bu, in
this bad no right to indulge, if had vente-
Ted To commit maHifeit injury againit a
gfea. number of creditors, who were puriu-
ing the accuitomed couIie of actions az law
for The recovery of their property. was
not 10 decide on the wildom or equity Of
the law. My province was to obey, when
il appeared clear and ceitain. My brosher
Sheriff, Than whom Freedom has not .
frmer friend, agreed with me in opirion Of
the law, as il now Rands, and OF the duty
of our Office. The fentiments of the whole
Legislative bodyon this tshjett have been de-
monflrated from time to time by the fire.
quent acts for the Rshefsf Ia)aiVmf Debtars,
one Of which paAed in this Parliament. Al
though an Infamous majority in the Houie
ofComnons robbed the Freeholders of Mic
delex OF their right OF approximation, and of
coniequence deprived me OF the fa;isfaef,ou
of giving nj vote for 70 meIcifnl an aa,
rejolced that the rigou OF the law was mi,l-
gated by the interpolation of Parliament.
lhope that fuch an act will foon PATS to ope-
rate regularly at dated, fhort periods, under
certain relt'etions, or that we ihalI have
an entire, new code of laws reipeeting debt
orS, to reconcile the rights of free people,
with the in,erefs of the mott commercial
country ia the world. Yet whilethe law re-
mains in i;s prelent fate, think il ncum-
bent Cd a good fubje6 not to obfrud its o.
pcra;ions, burto yield ready obedience.
The words of the great charter hold facred
"No freeman ihall be taken or imprlfoned or
d.lezed of his freeholds or Liberties, or free
cuaoms but by lawful judgment of his peers
or BY the Ia10 Of the land, and permit me to
allure you, that, while continue in Office,
through the extent of the jurifdStion you
have affigned to me, no perfon ihall fufer an
illegal imprisonment acknowledged autho-
rity but what is founded on the laws and the
contribution. AS private man, was engaged
for many years in an important &ruegleforthe
liberty of the lubjeGt againlt the great officers
Of the crown. 1t was at length terminated, by
the aRihiation of the power which y 5s s; ~,
ufurped. am at this time armed with your
authority to withfand every encroachment
on the perfonal rights and privileges of nv
fellow fubjeefs in this city and the county of
Middleiex. They fhall therefore now find
reliefin the mott efeetual and fummary way.
lhould blufh, if any perfou FILTERED an in
jury, which had the power, but wanted the
(plIit to redpeE. If illegal violence ihould
be exercifed, will oppofe it with vigour,
fhould the ulurpation originate from any man
or body ofmen, however re(peaable, or be
fupported by any power, however for
midabe. The law alone hall determine
onthe liberty Ct each individual, nor ll,alI
the wanton caprice of wretched frt of dif-
potic MiniEers fport with the imprisonment
of their equals, the freemen of this land. A
very ihort period lhall be put to fuch lawleis
oPpreilion. ! am happy in the hearty con-
currence of my worthy colleague, with re-
lpea to the whole plan Of future conduct.
We ref in an entire confidence that we
mall experience your ffeady fupport in the
due execution of our Office. On my own
part / firmly promife, that through life
will continue the guardian of the laws, and
the friend of the people. The fame arbi-
rary faction, who the laff winter tIampled
on the privileges of the nation, and the