The Works of the Right Honourable Edmund Burke, Vol. 11 (of 12)Burke, Edmund
History
The Works of the Right Honourable Edmund Burke, Vol. 11 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
But, my Lords, we all know that there has been arbitrary power in
India,--that tyrants have usurped it,--and that, in some instances,
princes otherwise meritorious have violated the liberties of the people,
and have been lawfully deposed for such violation. I do not deny that
there are robberies on Hounslow Heath,--that there are such things as
forgeries, burglaries, and murders; but I say that these acts are
against law, and that whoever commit them commit illegal acts. When a
man is to defend himself against a charge of crime, it is not instances
of similar violation of law that is to be the standard of his defence. A
man may as well say, "I robbed upon Hounslow Heath, but hundreds robbed
there before me": to which I answer, "The law has forbidden you to rob
there; and I will hang you for having violated the law, notwithstanding
the long list of similar violations which you have produced as
precedents." No doubt princes have violated the law of this country:
they have suffered for it. Nobles have violated the law: their
privileges have not protected them from punishment. Common people have
violated the law: they have been hanged for it. I know no human being
exempt from the law. The law is the security of the people of England;
it is the security of the people of India; it is the security of every
person that is governed, and of every person that governs. There is but
one law for all, namely, that law which governs all law, the law of our
Creator, the law of humanity, justice, equity,--the Law of Nature and of
Nations. So far as any laws fortify this primeval law, and give it more
precision, more energy, more effect by their declarations, such laws
enter into the sanctuary, and participate in the sacredness of its
character. But the man who quotes as precedents the abuses of tyrants
and robbers pollutes the very fountain of justice, destroys the
foundations of all law, and thereby removes the only safeguard against
evil men, whether governors or governed,--the guard which prevents
governors from becoming tyrants, and the governed from becoming rebels.
* * * * *
I hope your Lordships will not think that I have unnecessarily occupied
your time in disproving the plea of arbitrary power, which has been
brought forward at our bar, has been repeated at your Lordships' bar,
and has been put upon the records of both Houses. I hope your Lordships
will not think that such monstrous doctrine should be passed over,
without all possible pains being taken to demonstrate its falsehood and
to reprobate its tendency. I have not spared myself in exposing the
principles avowed by the prisoner. At another time I will endeavor to
show you the manner in which he acted upon these principles. I cannot
command strength to proceed further at present; and you, my Lords,
cannot give me greater bodily strength than I have.
FOOTNOTES:
[95] Institutes of Timour, p. 165.
[96] Hedaya, Vol. II. p. 34.
[97] Hedaya, Vol. II. pp. 247, 248.
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