The Works of the Right Honourable Edmund Burke, Vol. 03 (of 12)Burke, Edmund
History
The Works of the Right Honourable Edmund Burke, Vol. 03 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
sponsione reipublicæ_, and as such are equally binding on king, and
people too, as long as the terms are observed, and they continue the
same body politic.
It is far from impossible to reconcile, if we do not suffer ourselves to
be entangled in the mazes of metaphysic sophistry, the use both of a
fixed rule and an occasional deviation,--the sacredness of an hereditary
principle of succession in our government with a power of change in its
application in cases of extreme emergency. Even in that extremity, (if
we take the measure of our rights by our exercise of them at the
Revolution,) the change is to be confined to the peccant part only,--to
the part which produced the necessary deviation; and even then it is to
be effected without a decomposition of the whole civil and political
mass, for the purpose of originating a new civil order out of the first
elements of society.
A state without the means of some change is without the means of its
conservation. Without such means it might even risk the loss of that
part of the Constitution which it wished the most religiously to
preserve. The two principles of conservation and correction operated
strongly at the two critical periods of the Restoration and Revolution,
when England found itself without a king. At both those periods the
nation had lost the bond of union in their ancient edifice: they did
not, however, dissolve the whole fabric. On the contrary, in both cases
they regenerated the deficient part of the old Constitution through the
parts which were not impaired. They kept these old parts exactly as they
were, that the part recovered might be suited to them. They acted by the
ancient organized states in the shape of their old organization, and not
by the organic _moleculæ_ of a disbanded people. At no time, perhaps,
did the sovereign legislature manifest a more tender regard to that
fundamental principle of British constitutional policy than at the time
of the Revolution, when it deviated from the direct line of hereditary
succession. The crown was carried somewhat out of the line in which it
had before moved; but the new line was derived from the same stock. It
was still a line of hereditary descent; still an hereditary descent in
the same blood, though an hereditary descent qualified with
Protestantism. When the legislature altered the direction, but kept the
principle, they showed that they held it inviolable.
On this principle, the law of inheritance had admitted some amendment in
the old time, and long before the era of the Revolution. Some time after
the Conquest great questions arose upon the legal principles of
hereditary descent. It became a matter of doubt whether the heir _per
capita_ or the heir _per stirpes_ was to succeed; but whether the heir
_per capita_ gave way when the heirdom _per stirpes_ took place, or the
Catholic heir when the Protestant was preferred, the inheritable
principle survived with a sort of immortality through all
transmigrations,--
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