The Works of the Right Honourable Edmund Burke, Vol. 06 (of 12)Burke, Edmund
Philosophy
The Works of the Right Honourable Edmund Burke, Vol. 06 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
So far as to property and education. There remain some other heads upon
which the acts have changed the course of the Common Law; and first,
with regard to the right of self-defence, which consists in the use of
arms. This, though one of the rights by the law of Nature, yet is so
capable of abuses that it may not be unwise to make some regulations
concerning them; and many wise nations have thought proper to set
several restrictions on this right, especially temporary ones, with
regard to suspected persons, and on occasion of some imminent danger to
the public from foreign invasion or domestic commotions.
But provisions in time of trouble proper, and perhaps necessary, may
become in time of profound peace a scheme of tyranny. The method which
the statute law of Ireland has taken upon this delicate article is, to
get rid of all difficulties at once by an universal prohibition to all
persons, at all times, and under all circumstances, who are not
Protestants, of using or keeping any kind of weapons whatsoever. In
order to enforce this regulation, the whole spirit of the Common Law is
changed, very severe penalties are enjoined, the largest powers are
vested in the lowest magistrates. Any two justices of peace, or
magistrates of a town, with or without information, at their pleasure,
by themselves or their warrant, are empowered to enter and search the
house of any Papist, or even of any other person, whom they suspect to
keep such arms in trust for them. The only limitation to the extent of
this power is, that the search is to be made between the rising and
setting of the sun: but even this qualification extends no further than
to the execution of the act in the open country; for in all cities and
their suburbs, in towns corporate and market-towns, they may at their
discretion, and without information, break open houses and institute
such search at any hour of the day or night. This, I say, they may do at
their discretion; and it seems a pretty ample power in the hands of such
magistrates. However, the matter does by no means totally rest on their
discretion. Besides the discretionary and occasional search, the statute
has prescribed one that is general and periodical. It is to be made
annually, by the warrant of the justices at their midsummer quarter
sessions, by the high and petty constables, or any others whom they may
authorize, and by all corporate magistrates, in all houses of Papists,
and every other where they suspect arms for the use of such persons to
be concealed, with the same powers, in all respects, which attend the
occasional search. The whole of this regulation, concerning both the
general and particular search, seems to have been made by a legislature
which was not at all extravagantly jealous of personal liberty. Not
trusting, however, to the activity of the magistrate acting officially,
the law has invited all voluntary informers by considerable rewards, and
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