The Works of the Right Honourable Edmund Burke, Vol. 07 (of 12)Burke, Edmund
Religion
The Works of the Right Honourable Edmund Burke, Vol. 07 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
So far as to the first opinion,--that the doctrine is right, and needs
no alteration. 2nd. The next is, that it is wrong, but that we are not
in a condition to help it. I admit it is true that there are cases of a
nature so delicate and complicated that an act of Parliament on the
subject may become a matter of great difficulty. It sometimes cannot
define with exactness, because the subject-matter will not bear an exact
definition. It may seem to _take away_ everything which it does not
positively _establish_, and this might be inconvenient; or it may seem,
_vice versâ_, to _establish_ everything which it does not _expressly
take away_. It may be more advisable to leave such matters to the
enlightened discretion of a judge, awed by a censorial House of Commons.
But then it rests upon those who object to a legislative interposition
to prove these inconveniences in the particular case before them. For it
would be a most dangerous, as it is a most idle and most groundless
conceit, to assume as a general principle, that the rights and liberties
of the subject are impaired by the care and attention of the
legislature to secure them. If so, very ill would the purchase of Magna
Charta have merited the deluge of blood which was shed in order to have
the body of English privileges defined by a positive written law. This
charter, the inestimable monument of English freedom, so long the boast
and glory of this nation, would have been at once an instrument of our
servitude and a monument of our folly, if this principle were true. The
thirty-four confirmations would have been only so many repetitions of
their absurdity, so many new links in the chain, and so many
invalidations of their right.
Public-domain text, read in full here on John Shaqi.
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