9

25/JAN

whereof memory of man runneth not to the contrary

Dome book/ Ina; F Off and Æthelbert folcright
for a thousand years

and I must add that it appears to me extraordinary that a
gentlemaneducated under the great gamaliel Mr Read shd
adduce the single dictum of a counsel at the uttered *argue*!

as an ornament to his discourse; not pertinent to his argu

as if this settled something " by the gt sages of law
formerly and more latterly

having behind it no colour or pretence of other authority

aula regum / in Norman times wplit into 4 courts
the summus justiciarius was laid by lest he get into
the throne as had Capet? regalia principis (Saxon) whence
most prerogatives of our crown are derived
in those ages judiciary *only*/ mere deputy of the king

; his authority ceases
in whose presence he ( the judge) had no authority

cum delegans revocarit ( Bracton )

la astun * Gazette*, ' 73

clear
as to *definitions*

CHING

But he ( Bradford ) has been extremely unfortunate in
having *Brattle*, *Fortescue*, *Mune*, *Hasp*, *Rushworth*
and * directly*

against him

g/ 10

the materials are at the service of the public
I leave 'em to jewelers and lapidaries to refine, to fabricate
and to polish.

de Burgh in a vain hope of perpetuating his power.

## VOL.IV

Mr Shirley in 1754 confided to Dr Franklin a secret
that is a scheme for taxing the colonies by act of Parliament
to which Ben said : Nutz

in a very accurate manner

Governors sez he whose object is in general to make fortunes
Shirley a skink, Pownall a gentleman, honest

Bernard skilled enough in the law to do mischief
and thus the total government was to be rendered wholly
independent of the people

and the cream to go into their salaries
governor, lieutenant and judges

## Novanglus

preposterous " i in improvement of
INDEPENDENCE OF MR GE GRENVILLE had wellnight
ruined the whole

## OBSTA PRINCIPII

the army is here merely a publick nuissance
Does the sincere writer really believe that the design
of imposing other taxes has been laid aside by the ministry
and of the new-modeling of the government?

they had now the governor(s) salary out of the revenue
and a number of pensions and places

II

I wish Massachusetts knes what a democracy is
what a republic

Irritatur mulcet et falsis terroribus implet
colonization is at common law a casus omissus
no such title is known in that law

no known punishment at common law even for treasons
committed out of the realm/ till men VIII th
to catch Cardinal Pole / i;e; statute

most fantastical that ever got in to a human pericranium
that he had right to all land his subjects cd/ find
and even that infers no right in Parliament
and feudal, had right of contract
( on that tack )

feudal king had no more right to absolute out of realm of
than in Britain over Englishmen

in fact the oily writer now leaps over law
now over fact, now over charters and contracts
there is no fundamental law that make a king of England
absolute anywhere except it be conquered countries
and an attempt forfeits his right even to the limited crown

for 150 years taxed themselves
and governed their internal concerns

Parliament governed their trade / "ales in some things an analogy
held of the crown but not parcel

Edwardus Deo Gratia Angliae

Dom. Hib. et Dux Aquitaniae; terram Walliae cum incolis suis

I2=

in nostrare proprietatis dominium

now partly to divert his subjects from the murder of Pecket
lays pretense that the Irish had sold some English as slaves

Adrian an Englishman by birth being pontiff

very clearly convinced of his own right to dispose of
kingdoms and empires and by power of pence of Peter
to establish and Empire of the World

that Henry's demand upon Ireland proceded from pious motive
seeds of gospel etc/ fructify for Eire's eternal salvation
and oblige every house to pay yearly one penny to Rome

"acmorrah the raper and Bourke of "eath as our junto
and to have how Irish in Henry the Vth time were let into England
" shall put in surety for their good abearing "

contract called Payning's law

consent of the Irish nation, and an act in their parliament
Poyning's

Edgarus ANGLORUM basilens oceani
EDGARUS ANGLORUM BASILEUS insularum OMNEque imperator et dominus

gratiam ago Deo omnip. qui meum imperium

sic ampliavit et exaltavit

super regnum patrum meorum

concessit propitia divinitatis ......

Hibernia habet parliamentum /vide Sir J.Pilkington's case

majesty near to seventy, amiable successor

educated under the care of my nearest friends ...

militant spirit/// and nation under a very large debt

How shall we manage it ? these noblemen and ignoblemen

words of Lord Mansfield and his admirer ( governor Hutchinson )

I3

American government never WERE erected by parliament
these regalia and jurisdictions not given by parliament
a little knowledge of the subject will do us no harm

Chester and palatine county and had jura regalia

Great seal did not run into Chester
for remedy 3 knights of shire
2 burgesses of the city established

Chester in crown and realm exempt from authority
how quickly granted representation when asked it
"in Durham Queen's writ hath not run"

25 Charles II be represented by knights and by burgesses
true our oil opponent has here more zeal than knowing
nature was not then polite enough
to have introduce d any such phrase or idea into our charter
not one farthing was ever voted
or given by king or his parliament

Style royal ' as King then of France ? Ireland ? Scotland
or England ?

seals, league, coin are prerogatives absolute
to the king without parliament
not restrained to any assent of the people
homage, fealty are to the person

can not be to politic body
the king might have commanded them to return but
did not.

In the Boston Gazette 17th April.

Hostilities at Lexington commenced on the 19th of April

I4

several other papers were written and sent to the printer
and probably lost amid that confusion.

Note to the 1819 edition

NOVANGLUS

## PLAN OF GOVERNMENT

( '76 or '75 Philadelphy )

to R.W.Lee of Virginia

on sudden emergency ..

legislative, executive and judicial .. Printer John Dunlap
as likewise to Mr Wythe of Virginia / some forms are better
than others... happiness of society is the *end* aim

KUNG Zoroaster, Socrates and Mahomet

not to mention other author ties really sacred
fear remders men stupid and miserable.. honour is a fragment
of virtue

yet sacred

foundation of every government is some principle
or passion of the people

Locke Milton *Medham* *eville* Burnet and Moadly
empire of laws not of men

..BE IN MINIATURE A PORTRAIT OF THE PEOPLE AT LARGE

( the representative body )

.. of learning and experience of the laws , exemplary moral,
great patience calmness attention

not dependent on any body of men
that for the judges and for executive

secredy and dispatch/ whence
a great assembly can not execute. it is too clumsy

the colonies under such triple government wd/ be
unconquerable by all the 1 monarchs of Europe

few of the whole human race have had opportunity like this
they had have had
to make election of government, more than of air, soil or
climate

I5

when before have 3 million people had option
of the total form of their government

(FARRING, Pat Henry) thus continuing

I put up with the declaration for unanimity's sake
for sake of being unanimous, it is not so pointed as I
wd/ make it. Colonel HENRY IS bringing

Nelson is carrying our resolution

..lest the enemy be before us in Paris ..
confederacy must precede open alliances
if you split it wd/ delay French alliance
the arguments delegat Bracton favours
are weak shallow evasive

wd/ to God you and Sam Adams were here in Virginia

if all yr/ features can not be kept here
at least we will keep some family likeness
will you and S.A. now and then write.

Printed by John Mayl r of Caroline in 1814

To John 'enn '76 from J.Adams ;
no more agreeable employment

than the study of the best kind of government
to determine form you must determine the end
( that is purpose )

single assembly is liable to all the vices follies and irregularities
(HTOHHELHMHWHTHH

...prerogatives, badges of slavery ...

Similarly to Johnthan Sergeant (; he
requiring explicit advice as to taking up powers of government )

Fixed laws of their own making
equitable mode of making the laws
impartial and of apt execution

...Free holders of an estate of 3 L/ per annum
or any estate to the valued of 60

I6

duty of legislators and magistrates

tocherist the interest of literatue ...

and principles of ..... good humour ...

Constitution of Massachusetts

I was apprehensive in particular

that 

Wrote John 34 years later.

It is significant wrote Cahwles Fwancis that persons who have
since been erected have not..etc... ( Nef//meaning ; been
greatly literate )
and no public man down to 1850
has been known to express doubts

of the _immaculate_ nature of government by majority...

either content with the U.S.constitution

or too timid to speculate on constitutions at large.

representation of the people might certainly be susceptible
to improvement

...read Thucydides without horror ?

words lost their signification ...Mr Hume has collected massac
from D.Siculus...[illegible]

the most polished years of greece

Ephesus three, fourt killed

Cyrenians 500 nobles

Phaebidas banished 300 Boeotians

in NEMEEN Phliaста they killed three hundred people
dx at AEgesta 40 000 men women and children

killed for their money

take away armies, the nobles will overturn every monarch in Europe
and erect aristocracies

17

no interviews with the gods by those on this service

Go Grosvenor Sq/ 1787

but as architects consulting Vitruvius and Palladio

the young gentlement of literature in American

to this kind of enquiry

..doubted by Facitus who he admits the theory is a good one
laudari facilius quan invenire

vel haud diuturna

optime modice confusa; said Cicero

concors tamen efficitur ... civitas consensu/
consensu

ubi justitia non est, nec jus potest esse

the experiment of Lycurgus .. but inaconia only

San Marino the founder a Dalmatioan by birth
and by trade a mason....

whole his of Geneva / people have given up all balances
betraying their own rights and those of the magistrates
into the hands of a few prominent families..

nobles to trade in general way

to carry on velvet, silk and cloth manufactories

Venice at first democratical ....

Anafeste's real merit 5 massacred, 5 blinded and exiled
9 deposed, one killed in a foreign way
thus 20 of 50 doges, plus 5 abdications

before they thought of limiting powers

and another 200 years before planning a government

an aristocracy is always more cunning

than an assembly of the people collectively