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Updated: April 30, 2025
But it was as obviously to the interest of the king that he alone should enjoy the right of controlling all imports into the colony, and absorbing all its exports; and his rulings were framed to secure that end.
We have said that at first he wavered. The rulings of the Sovereign Council in 1667 seem to show it. But his earnest desire for the prosperity of the colony the development of her trade, the increase of her population, the improvement of her finances his ambition for the economic progress of New France, misled him and perverted his judgment.
His rulings swayed the Court, in which he acted the part of prosecutor of the Prisoners, and overbore the Jury. He sat in judgment upon the sentences of his own Court; and heard and refused, applications and supplications for pardon or reprieve. The three grand divisions of all constitutional or well-ordered Governments were, for the time, obliterated in Massachusetts.
Next morning the eccentric cardinal returned me my Pandects, and I immediately returned his funeral oration, with a letter in which I pronounced it a masterpiece of composition, though I laid barely glanced over it in reality. My brother told me I was wrong, but I did not trouble what he said, not caring to guide myself by his rulings.
In the next place, most judges were honest, in spite of their political cleavage, and would go no further than party bias would lead them in their rulings and opinions, which was, in the main, not so far.
But the indisputable result is seen to be, after the experience of fifteen years, that law is taking a place in our theological disputes and our theological system which is new to it in our theological history; law, not laid down prospectively in general provisions, but emerging indirectly and incidentally out of constructions and judicial rulings on cases of pressing and hazardous exigency; law, applying its technical and deliberately narrow processes to questions which of course it cannot solve, but can only throw into formal and inadequate, if not unreal, terms; and laying down the limits of belief and assertion on matters about which hearts burn and souls tremble, by the mouth of judges whose consummate calmness and ability is only equalled by their profound and avowed want of sympathy for the theology of which their position makes them the expounders and final arbiters.
Too weary in spirit to mark the slow passing of the hours he fought his last fight. And gradually he grew calmer, calm enough to accept if not to understand the inscrutable rulings of Providence. He had arrogated to himself the disposal of his life, but it was made clear to him that a higher wisdom had decreed otherwise.
You cannot introduce any restrictive or prohibitive measure without developing fanatical conceit, narrow-mindedness, and intolerance, both in those who welcome the measure and in those who seek to ignore and even to defy its rulings. The Puritanical attitude is almost wholly repressive, and naturally invokes force to aid its repressive measures.
It makes a whole class who accept its rulings, and gradually these people, owing to a peculiarity which all gregarious animals seem to have, begin to believe that unless all are of their persuasion and of their number the fault lies with the rebels. First of all they consider themselves superior to the rebels, and despise them.
This had lent to his aspect a sternness never observable in it before; but no man, even the captious Mr. Moffat, had seriously questioned his rulings; and, whatever the cost to himself, he had, up to this time, held the scales of justice so evenly that it would have taken an audacious mind to have ventured on an interpretation of his real attitude or mental leaning in this case.
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