It seems a great Absurdity, that when a
Dispute arises between the Governor and the House, the Governor should
appeal to his Majesty in Council to decide it. Would it not be as
reasonable for the House to appeal to the Body of their Constituents
to decide it? Whenever a Dispute has arisen within the Realm, between
the Crown & the two Houses of Parliament, or either of them, was it
ever imagind that the King in his privy Council had Authority to
decide it? However there is a Test, a Standard common to all, we mean
the publick Good. But your Honor must be very sensible that the
Illegality of holding the Court in any other place besides the Town of
Boston is far from being the only Dispute between your Honor & this
House: we contend, that the People & their Representatives have a
Right to withstand the abusive Exercise of a legal & constitutional
Prerogative of the Crown. We beg Leave to recite to your Honor what
the Great Mr Locke has advancd in his Treatise of civil Government,
upon the like Prerogative of the Crown. "The old Question, says he,
will be asked in this matter of Prerogative, who shall be Judge when
this Power is made a right Use of?" And he answers, "Between an
executive Power in being with such a Prerogative, and a Legislature
that depends upon his Will for their convening, there can be no Judge
on Earth, as there can be none between the Legislative & the People,
should either the Executive or Legislative when they have got the
Power in their Hands, design or go about to enslave or destroy them.
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