Page:American History Told by Contemporaries, v2.djvu/163

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No. 48]
Defence of the Charters
135

in all other Countries, England only excepted, Jus & Ǣquum are held the same, and never divided ; so it is there : A Power of Chancery being vested in the Judges of the Courts of Common Law as to some particular Cases, and they make equitable Constructions in Others. I must add, that the Fees of Officers of all sorts are setled by Acts of Assembly at moderate Prices, for the Ease of the Subject.

IT were easy to mention other Articles, but that I persuade my self it is needless. The Charter Governments are celebrated for their excellent Laws and mild Administration; for the Security of Liberty and Property ; for the Encouragement of Vertue, and Suppression of Vice ; for the promoting Letters, by erecting Free-Schools and Colleges ; and in one Word, for every Thing that can make a People happy and prosperous. To these Arts it is owing, that New-England, though she has attain'd but little more than the Age of a Man, with all the Disadvantages under which she labours in respect to her Trade and Climate, and almost a perpetual Indian War, has hitherto flourish d far above any other of the Plantations.

This being the Case of the Charter Governments, let us turn the Tables, and see how it far'd with them when in an evil Reign they lost their Charters. Then the Governour of New-England with Four or Five Strangers of his Council, Men of desperate Fortunes, and bad if any Principles, made what Laws, and levy'd what Taxes they pleas'd on the People. They, without an Assembly, rais'd a Penny in the Pound on all the Estates in the Country, and another Penny on all imported Goods, besides Twenty Pence per Head as Poll Money, and an immoderate Excise on Wine, Rum, and other Liquors. Several worthy Persons, having in an humble Address represented this Proceeding as a Grievance, were committed to the common Jail for a High Misdemanour ; deny'd the Benefit of the Habeas Corpus Act ; try d out of their own County; fin'd exorbitantly, and oblig'd to pay 160l. for Fees, when the Prosecution would hardly have cost them so many Shillings in Great Britain. And to compleat the Oppression, when they upon their Tryal claim'd the Privileges of Englishmen, they were scoffingly told, Those Things would not follow them to the Ends of the Earth. Unnatural Insult ! must the brave Adventurer, who with the Hazard of his Life and Fortune, seeks out new Climates to inrich his Mother Country, be deny'd those common Rights, which his Countrymen enjoy at Home in Ease and Indolence? Is he to be made miserable, and a Slave by his own Acquisitions? Is the Labourer alone unworthy of his Hire, and