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
We have taken these pains to ascertain and fix principles, because your
Lordships are not called upon to judge of facts. A jury may find facts,
but no jury can form a judgment of law; it is an application of the law
to the fact that makes the act criminal or laudable. You must find a
fixed standard of some kind or other; for if there is no standard but
the immediate momentary purpose of the day, guided and governed by the
man who uses it, fixed not only for the disposition of all the wealth
and strength of the state, but for the life, fortune, and property of
every individual, your Lordships are left without a principle to direct
your judgment. This high court, this supreme court of appeal from all
the courts of the kingdom, this highest court of criminal jurisdiction,
exercised upon the requisition of the House of Commons, if left without
a rule, would be as lawless as the wild savage, and as unprincipled as
the prisoner that stands at your bar. Our whole issue is upon
principles, and what I shall say to you will be in perpetual reference
to them; because it is better to have no principles at all than to have
false principles of government and of morality. Leave a man to his
passions, and you leave a wild beast to a savage and capricious nature.
A wild beast, indeed, when its stomach is full, will caress you, and may
lick your hands; in like manner, when a tyrant is pleased or his passion
satiated, you may have a happy and serene day under an arbitrary
government. But when the principle founded on solid reason, which ought
to restrain passion, is perverted from its proper end, the false
principle will be substituted for it, and then man becomes ten times
worse than a wild beast. The evil principle, grown solid and perennial,
goads him on and takes entire possession of his mind; and then perhaps
the best refuge that you can have from that diabolical principle is in
the natural wild passions and unbridled appetites of mankind. This is a
dreadful state of things; and therefore we have thought it necessary to
say a great deal upon his principles.
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