But the prince asketh? Well what is it? will he never have done asking? What does he ask now? Have patience, and you shall hear, well what is it? Why it is the favour of the government of Rhode Island, to hold a court of admiralty to authorize them to confine suspected persons (guilty or not guilty), and drag them away three thousand miles, to take their trial by a jury of strangers, if not enemies. But the granting of this, in some measure, depends upon the consent of the governor. But all governors (who are worthy the name) are such as the scripture describes Judges 5. 9. “My heart, says one, nay every American will say the same, is towards the governours who offer themselves willingly among the people,” to rule by their laws, to defend the rights of the people, to protect their persons, to secure their liberties. And this is (we hear) the happiness, power and bulwark of Rhode Island government. For its safety lies in this, that the governor of the province, and the judges of the superior court, the representatives of the people, and general assembly, are solemnly bound by oath, to rule, govern and decide, and determine only by their own laws; if so, they have a right to tell the prince, that though he asketh yet he will ask in vain.
Once more,
But the prince asketh, what now does he ask? Will he never have done asking? Well, but what does he ask? Why he asketh, the women, the wives upon the government of Rhode Island, to spare their husbands from their beds, from their bosoms, from their arms, and from their children; to be confin’d in the horrid kingdom of a man of war’s crew; to be transported back again to tyranny their forfathers fled from, to a land of snares, and the shadow of death. This may be thought to be harsh language, and by the ministry, a hard saying who can bear it? But it is not a hair’s breadth more in meaning, than the intended power and tyranny of this new court of admiralty. And will you not submit to it? No! that is right; I am glad of it, but perhaps, it may be thought rather hard, when a prince asketh, not to grant so small a favour.
But the text likewise says—The Judge asketh for a reward. The judges have the key of the laws, the hearts of the lawyers, and the power of juries, too much in their own hands. The lives of the people, the rights of the subject, and the disposal of their property, was originally intended to be determined by juries only. But as the judges have assumed by custom, a power of dictating to lawyers even at the bar, and a direction to the jury; it highly becomes them more than ever, to be men fearing God and hating covetousness. Therefore it is an ill sound to hear that the judge asketh for a reward, what can it be for? sure it cannot be for freeing the King street murderers, or pleading that it was only manslaughter; if he k—w that it was wilful murder. No doubt but this act of kindness will be rewarded, if not at the judgment seat of Christ, which some despise; yet at the bar of God, when, he shall say, arise ye dead and come to judgment: Then there will be no setting aside a witness in Mr. P——ms case, nor no other.
Again the text saith,
The Judge asketh for a reward! Well, what reward is it, a reward from the crown of Britain? if so, not to let him have it, by no means: For if once the judges of the courts of judicatory of this province become dependent for their support, or salaries, upon the favour of the crown, or ministry at home, you become a nation of slaves to ministerial power; for thereby you submit the key of all your essential rights as Americans, to be in the hands of your enemies: For if you suffer the judges to become dependent for their pay upon the ministry of England, what are they but the ministry’s servants. If so, you may naturally suppose, they must do as the ministry directs them; if not, they will be unfaithful servants; and if faithful to the ministry, where then are your rights? Where is the security of your lives, or your property. For a more bolder, daring innovation upon your right of power, decision and determination by your own laws, respecting your right and property between man and man, between the crown of England, and the rights of America, cannot possibly be made, or attempted to be made, than to make your judges dependent upon the British ministry; it is in effect, giving up your right to all you have, to all that you, or your children can ever possess. As the possession of a person’s right, whether hereditary, or by purchase, depends much upon the determination of the judges. And if the judges are wholly to be dependent upon the crown of England, for nomination and support, then you may easily judge whose servants and slaves you are to be. For it is well known that the judges, or general courts, or some body, has for these hundred years, and more, distressed their brethren in their estates, and in their consciences, by imposing payment for ministers, and for a worship of GOD contrary to the people’s consciences; and if they have done these things in the green tree, what may you not expect in the dry.
But as the text says, The Judge asketh for a reward. If it be for his fidelity in his high office, for his honourable support, according to the dignity of his character, you are bound in duty, in affection, and in obedience to let him have it. Shew your affection, readiness and gratitude, to reward your judges, as the guardians of your rights; as those who from their hearts, should protect and hand forth the liberties of their brethren to them. This is the way to become a band of brethren from the governor, to the meanest subject. Perhaps, the whole of your complaint in this respect, is owing for want of your taking an earlier opportunity, to settle such salaries, as their merit, labour and expence deserves.
Yet let not this lead us from the observation, which was, that, an asking, craving, absolute prince, is a great distress to a people. Was not this the case of the people in King Ahaz, and in King Ahab’s day, when he crav’d Naboth’s vineyard? Likewise in Jeroboam’s days, who deprived the people of their religious liberties, in worshipping the God of Israel, in his temple at Jerusalem? who set up his golden calves at Dan and Bethel, of whom it is said, this is Jeroboam the son of Nebat, who taught Israel to sin. Was not this the case in Zedekiah’s days, though he was warned by the word of the Lord, and by the prophet of the GOD of Israel? Yet he was, notwithstanding, absolute and craving, though he was told, it would end in the destruction of himself, and his people. Was not this the case of almost all the distress, deaths, and bloodshed, that have ever happened in England since the conquest of Julius Cæsar? their king’s ruling and reigning, by a dispotic power, which they assumed, contrary to the laws and rights of the people. Were not the Britons obliged by the love of liberty, to obtain their royal Magna Charta, sword in hand, from King John? Was not this the case in the reign of Charles the first, when the people and parliament took up arms, to maintain the rights and laws of the people; and when it required either the head of the king, or the loss of their liberties? they soon decided the matter; they soon let the king know that they rever’d their rights and liberties, above his life, power, and prerogative. In Charles the second’s reign, there was much the same absolute power over the rights of the people, both civil and religious: But he had a peculiar politeness of temper in pleasing even his very enemies. In James the second’s reign, dispotic power was too evident, and distressing for the people to bear; therefore a revolution, both of king, and state, by the spirit, power, and arms, of the people, was soon accomplished.
The second observation is,
That when the king, judges, and senates, unite to destroy the rights of the people by a dispotic power, or as the text expresses it, that they may do evil with both hands, then the prosperity of the nation totters; the crown shakes; and the destruction of the people’s rights is near at hand. For the rights of the people, which is the supreme glory of the crown and kingdom of Britain, is the Magna Charta of the king as well as of the people; it is as much his previledge, as it is his glory, to maintain their rights; and he is as much under a law (I mean the law of the rights of the people), as the people are under the oath of allegiance to him. And therefore whatever power destroys their rights, destroys at the same time, his right to reign, or any right to his kingdom, crown, or glory; nay, his right to the name of a king among the people. Was not this the case in Rehoboam’s days, when the people were distressed with large and heavy taxations, and oppressions? they petitioned the king to relieve them from such oppressions, but would he hearken to them, according to the advice of his father’s counsellors? No! but according to the advice of his young counsel, he answered them like an arbitrary prince, in the speech of