I
rely on it, that the writ prayed for in this petition, being general, is
illegal. It is a power that places the liberty of every man in the hands
of every petty officer. I say I admit that special writs of assistance,
to search special places, may be granted to certain persons on oath; but
I deny that the writ now prayed for can be granted, for I beg leave to
make some observations on the writ itself, before I proceed to other
acts of Parliament. In the first place, the writ is universal, being
directed "to all and singular justices, sheriffs, constables, and all
other officers and subjects"; so that, in short, it is directed to every
subject in the king's dominions. Every one with this writ may be a
tyrant; if this commission be legal, a tyrant in a legal manner, also,
may control, imprison, or murder anyone within the realm. In the next
place, it is perpetual, there is no return. A man is accountable to no
person for his doings. Every man may reign secure in his petty tyranny,
and spread terror and desolation around him, until the trump of the
archangel shall excite different emotions in his soul. In the third
place, a person with this writ, in the daytime, may enter all houses,
shops, etc., at will, and command all to assist him. Fourthly, by this
writ, not only deputies, etc., but even their menial servants, are
allowed to lord it over us. What is this but to have the curse of Canaan
with a witness on us: to be the servant of servants, the most despicable
of God's creation? Now one of the most essential branches of English
liberty is the freedom of one's house. A man's house is his castle; and
whilst he is quiet, he is as well guarded as a prince in his castle.
This writ, if it should be declared legal, would totally annihilate this
privilege. Custom-house officers may enter our houses when they please;
we are commanded to permit their entry. Their menial servants may enter,
may break locks, bars, and everything in their way; and whether they
break through malice or revenge, no man, no court can inquire. Bare
suspicion without oath is sufficient. This wanton exercise of this power
is not a chimerical suggestion of a heated brain. I will mention some
facts. Mr. Pew had one of these writs, and when Mr. Ware succeeded him,
he endorsed this writ over to Mr. Ware; so that these writs are
negotiable from one officer to another; and so your honors have no
opportunity of judging the persons to whom this vast power is deleg