Selections from the Speeches and Writings of Edmund BurkeBurke, Edmund
Philosophy
Selections from the Speeches and Writings of Edmund Burke
Burke, Edmund
Burke, Edmund, 1729-1797; Essays; Political science; Speeches, addresses, etc.
Our oldest reformation is that of Magna Charta. You will see that Sir
Edward Coke, that great oracle of our law, and indeed all the great men
who follow him, to Blackstone, are industrious to prove the pedigree of
our liberties. They endeavour to prove, that the ancient charter, the
Magna Charta of King John, was connected with another positive charter
from Henry I., and that both the one and the other were nothing more
than a re-affirmance of the still more ancient standing law of the
kingdom. In the matter of fact, for the greater part, these authors
appear to be in the right; perhaps not always; but if the lawyers
mistake in some particulars, it proves my position still the more
strongly, because it demonstrates the powerful prepossession towards
antiquity, with much the minds of all our lawyers and legislators, and
of all the people whom they wish to influence, have been always filled;
and the stationary policy of this kingdom in considering their most
sacred rights and franchises as an INHERITANCE.
In the famous law of the 3rd of Charles I., called the PETITION OF
RIGHT, the parliament says to the king, "Your subjects have INHERITED
this freedom," claiming their franchises not on abstract principles "as
the rights of men," but as the rights of Englishmen, and as a patrimony
derived from their forefathers. Selden, and the other profoundly learned
men, who drew this petition of right, were as well acquainted, at least,
with all the general theories concerning the "rights of men," as any of
the discoursers in our pulpits, or on your tribune; full as well as Dr.
Price, or as the Abbe Sieyes. But, for reasons worthy of that practical
wisdom which superseded their theoretic science, they preferred this
positive, recorded, HEREDITARY title to all which can be dear to the man
and the citizen, to that vague speculative right, which exposed their
sure inheritance to be scrambled for and torn to pieces by every wild,
litigious spirit.
Public-domain text, read in full here on John Shaqi.
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