The Works of the Right Honourable Edmund Burke, Vol. 04 (of 12)Burke, Edmund
Philosophy
The Works of the Right Honourable Edmund Burke, Vol. 04 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
[Sidenote: Blamable to state the bounds of non-resistance.]
[Sidenote: Resistance lawful only in _case_ of extreme and obvious
necessity.]
"If the Doctor had pretended to have stated the particular bounds and
limits of non-resistance, and told the people in what cases they might
or might not resist, _he would have been much to blame_; nor was one
word said in the articles, or by the managers, as if that was expected
from him; but, _on the contrary, we have insisted that in NO case can
resistance be lawful, but in case of EXTREME NECESSITY, and where the
Constitution can't otherwise be preserved; and such necessity ought to
be plain and obvious to the sense and judgment of the whole nation: and
this was the case at the Revolution_."
* * * * *
The counsel for Doctor Sacheverell, in defending their client, were
driven in reality to abandon the fundamental principles of his doctrine,
and to confess that an exception to the general doctrine of passive
obedience and non-resistance did exist in the case of the Revolution.
This the managers for the Commons considered as having gained their
cause, as their having obtained _the whole_ of what they contended for.
They congratulated themselves and the nation on a civil victory as
glorious and as honorable as any that had obtained in arms during that
reign of triumphs.
Sir Joseph Jekyl, in his reply to Harcourt, and the other great men who
conducted the cause for the Tory side, spoke in the following memorable
terms, distinctly stating the whole of what the Whig House of Commons
contended for, in the name of all their constituents.
* * * * *
_Sir Joseph Jekyl._
[Sidenote: Necessity creates an exception, and the Revolution a case of
necessity, the utmost extent of the demand of the Commons.]
"My Lords, the concessions" (the concessions of Sacheverell's counsel)
"are these: That _necessity_ creates an _exception_ to the general rule
of submission to the prince; that such exception is understood or
implied in the laws that require such submission; and that _the case of
the Revolution was a case of necessity._
"These are concessions _so ample_, and do so _fully_ answer the drift of
the Commons in this article, and are to _the utmost extent of their
meaning in it_, that I can't forbear congratulating them upon this
success of their impeachment,--that in full Parliament, this erroneous
doctrine of _unlimited_ non-resistance is given up and disclaimed. And
may it not, in after ages, be an addition to the glories of this bright
reign, that so many of those who are honored with being in her Majesty's
service have been at your Lordships' bar thus successfully contending
for the _national_ rights of her people, and proving they are not
precarious or remediless?
"But to return to these concessions: I must appeal to your Lordships,
whether they are not a _total departure_ from the Doctor's answer."
* * * * *
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account