House were in no Case to have a Voice, or be regarded, in chusing a
place to hold the Court, how could they think of building a House in a
place, to which they never had been, and probably, never would be
called.--

While the House have been from time to time, holding up to View, the
great Inconveniencys and manifest Injurys resulting from the Sitting
of the Assembly at Cambridge, and praying a Removal to Boston, it is
with Pain that they have heard your Honor, instead of pointing out any
one good Purpose which can be answerd by it, replying that your
Instructions will not permit you to remove the Court to Boston. By a
royal Grant in the Charter, in favor of the Commons of this province,
the Governor has the sole power of adjourning, proroguing and
dissolving the General Court: And the Wisdom of that Grant appears in
this, that a person residing in the province, must be a more competent
Judge, of the Fitness of the Time, and we may add, the place of
holding the Court, than any person residing in Great Britain. We do
not deny, that there may be Instances when the Comander in Chiefe,
ought to obey the Royal Instructions: And should we also admit, that
in ordinary Cases he ought to obey them, respecting the convening,
holding, proroguing, adjourning & dissolving the General Court,
notwithstanding that Grant; yet we clearly hold, that whenever
Instructions cannot by complyd with, without injuring the people, they
cease to be binding. Any other Supposition would involve this
Absurdity in it, that a Substitute by Means of Instructions from his
Principal, may have a greater Power than the Principal himself; or in
other Words, that a Representative of a King who can do no Wrong, by
means of Instructions may obtain a Right to do Wrong: for that the
Prerogative extends not to do any Injury, never has and never can be
denyd. Therefore this House are clearly of Opinion, that your Honor is