The Works of the Right Honourable Edmund Burke, Vol. 01 (of 12) — John Shaqi
The Works of the Right Honourable Edmund Burke, Vol. 01 (of 12)Burke, Edmund
Philosophy
The Works of the Right Honourable Edmund Burke, Vol. 01 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
The professors of artificial law have always walked hand in hand with
the professors of artificial theology. As their end, in confounding the
reason of man, and abridging his natural freedom, is exactly the same,
they have adjusted the means to that end in a way entirely similar. The
divine thunders out his _anathemas_ with more noise and terror against
the breach of one of his positive institutions, or the neglect of some
of his trivial forms, than against the neglect or breach of those duties
and commandments of natural religion, which by these forms and
institutions he pretends to enforce. The lawyer has his forms, and his
positive institutions too, and he adheres to them with a veneration
altogether as religious. The worst cause cannot be so prejudicial to the
litigant, as his advocate's or attorney's ignorance or neglect of these
forms. A lawsuit is like an ill-managed dispute, in which the first
object is soon out of sight, and the parties end upon a matter wholly
foreign to that on which they began. In a lawsuit the question is, who
has a right to a certain house or farm? And this question is daily
determined, not upon the evidence of the right, but upon the observance
or neglect of some forms of words in use with the gentlemen of the robe,
about which there is even amongst themselves such a disagreement, that
the most experienced veterans in the profession can never be positively
assured that they are not mistaken.
Let us expostulate with these learned sages, these priests of the sacred
temple of justice. Are we judges of our own property? By no means. You
then, who are initiated into the mysteries of the blindfold goddess,
inform me whether I have a right to eat the bread I have earned by the
hazard of my life or the sweat of my brow? The grave doctor answers me
in the affirmative; the reverend serjeant replies in the negative; the
learned barrister reasons upon one side and upon the other, and
concludes nothing. What shall I do? An antagonist starts up and presses
me hard. I enter the field, and retain these three persons to defend my
cause. My cause, which two farmers from the plough could have decided in
half an hour, takes the court twenty years. I am however at the end of
my labor, and have in reward for all my toil and vexation a judgment in
my favor. But hold--a sagacious commander, in the adversary's army, has
found a flaw in the proceeding. My triumph is turned into mourning. I
have used _or_, instead of _and_, or some mistake, small in appearance,
but dreadful in its consequences; and have the whole of my success
quashed in a writ of error. I remove my suit; I shift from court to
court; I fly from equity to law, and from law to equity; equal
uncertainty attends me everywhere; and a mistake in which I had no
share, decides at once upon my liberty and property, sending me from the
court to a prison, and adjudging my family to beggary and famine. I am
innocent, gentlemen, of the darkness and uncertainty of your science. I
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