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
In the famous law of the 3rd of Charles the First, 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 Abbé Sièyes. 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reasons worthy of that practical wisdom which superseded their theoretic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.
The same policy pervades all the laws which have since been made for the
preservation of our liberties. In the 1st of William and Mary, in the
famous statute called the Declaration of Right, the two Houses utter not
a syllable of "a right to frame a government for themselves." You will
see that their whole care was to secure the religion, laws, and
liberties that had been long possessed, and had been lately endangered.
"Taking[85] into their most serious consideration the _best_ means for
making such an establishment that their religion, laws, and liberties
might not be in danger of being again subverted," they auspicate all
their proceedings by stating as some of those _best_ means, "in the
_first place_," to do "as their _ancestors in like cases have usually_
done for vindicating their _ancient_ rights and liberties, to
_declare_";--and then they pray the king and queen "that it may be
_declared_ and enacted that _all and singular_ the rights and liberties
_asserted and declared_ are the true _ancient_ and indubitable rights
and liberties of the people of this kingdom."
You will observe, that, from Magna Charta to the Declaration of Right,
it has been the uniform policy of our Constitution to claim and assert
our liberties as an _entailed inheritance_ derived to us from our
forefathers, and to be transmitted to our posterity,--as an estate
specially belonging to the people of this kingdom, without any reference
whatever to any other more general or prior right. By this means our
Constitution preserves an unity in so great a diversity of its parts. We
have an inheritable crown, an inheritable peerage, and a House of
Commons and a people inheriting privileges, franchises, and liberties
from a long line of ancestors.
Public-domain text, read in full here on John Shaqi.
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