by Edmund Burke
At nunc res agitur tenui pulmone rubetæ.
But how far corruption, venality, the contempt of honor, the oblivion of all duty to our country, and the most abandoned public prostitution, are preferable to the more glaring and violent effects of faction, I will not presume to determine. Sure I am that they are very great evils.
I have done with the forms of government. During the course of my inquiry you may have observed a very material difference between my manner of reasoning and that which is in use amongst the abettors of artificial society. They form their plans upon what seems most eligible to their imaginations, for the ordering of mankind. I discover the mistakes in those plans, from the real known consequences which have resulted from them. They have enlisted reason to fight against itself, and employ its whole force to prove that it is an insufficient guide to them in the conduct of their lives. But unhappily for us, in proportion as we have deviated from the plain rule of our nature, and turned our reason against itself, in that proportion have we increased the follies and miseries of mankind. The more deeply we penetrate into the labyrinth of art, the further we find ourselves from those ends for which we entered it. This has happened in almost every species of artificial society, and in all times. We found, or we thought we found, an inconvenience in having every man the judge of his own cause. Therefore judges were set up, at first, with discretionary powers. But it was soon found a miserable slavery to have our lives and properties precarious, and hanging upon the arbitrary determination of any one man, or set of men. We fled to laws as a remedy for this evil. By these we persuaded ourselves we might know with some certainty upon what ground we stood. But lo! differences arose upon the sense and interpretation of these laws. Thus we were brought back to our old incertitude. New laws were made to expound the old; and new difficulties arose upon the new laws; as words multiplied, opportunities of cavilling upon them multiplied also. Then recourse was had to notes, comments, glosses, reports, responsa prudentum, learned readings: eagle stood against eagle: authority was set up against authority. Some were allured by the modern, others reverenced the ancient. The new were more enlightened, the old were more venerable. Some adopted the comment, others stuck to the text. The confusion increased, the mist thickened, until it could be discovered no longer what was allowed or forbidden, what things were in property, and what common. In this uncertainty, (uncertain even to the professors, an Egyptian darkness to the rest of mankind), the contending parties felt themselves more effectually ruined by the delay, than they could have been by the injustice of any decision. Our inheritances are become a prize for disputation; and disputes and litigations are become an inheritance.
The professors of artificial law have always walked hand in hand with the professors of artificial theology. As their end, in confounding the reason of man, and abridging his natural freedom, is exactly the same, they have adjusted the means to that end in a way entirely similar. The divine thunders out his anathemas with more noise and terror against the breach of one of his positive institutions, or the neglect of some of his trivial forms, than against the neglect or breach of those duties and commandments of natural religion, which by these forms and institutions he pretends to enforce. The lawyer has his forms, and his positive institutions too, and he adheres to them with a veneration altogether as religious. The worst cause cannot be so prejudicial to the litigant, as his advocate’s or attorney’s ignorance or neglect of these forms. A lawsuit is like an ill-managed dispute, in which the first object is soon out of sight, and the parties end upon a matter wholly foreign to that on which they began. In a lawsuit the question is, who has a right to a certain house or farm? And this question is daily determined, not upon the evidence of the right, but upon the observance or neglect of some forms of words in use with the gentlemen of the robe, about which there is even amongst themselves such a disagreement, that the most experienced veterans in the profession can never be positively assured that they are not mistaken.
Let us expostulate with these learned sages, these priests of the sacred temple of justice. Are we judges of our own property? By no means. You then, who are initiated into the mysteries of the blindfold goddess, inform me whether I have a right to eat the bread I have earned by the hazard of my life or the sweat of my brow? The grave doctor answers me in the affirmative; the reverend serjeant replies in the negative; the learned barrister reasons upon one side and upon the other, and concludes nothing. What shall I do? An antagonist starts up and presses me hard. I enter the field, and retain these three persons to defend my cause. My cause, which two farmers from the plough could have decided in half an hour, takes the court twenty years. I am however at the end of my labor, and have in reward for all my toil and vexation a judgment in my favor. But hold—a sagacious commander, in the adversary’s army, has found a flaw in the proceeding. My triumph is turned into mourning. I have used or, instead of and, or some mistake, small in appearance, but dreadful in its consequences; and have the whole of my success quashed in a writ of error. I remove my suit; I shift from court to court; I fly from equity to law, and from law to equity; equal uncertainty attends me everywhere; and a mistake in which I had no share, decides at once upon my liberty and property, sending me from the court to a prison, and adjudging my family to beggary and famine. I am innocent, gentlemen, of the darkness and uncertainty of your science. I never darkened it with absurd and contradictory notions, nor confounded it with chicane and sophistry. You have excluded me from any share in the conduct of my own cause; the science was too deep for me; I acknowledged it; but it was too deep even for yourselves: you have made the way so intricate, that you are yourselves lost in it; you err, and you punish me for your errors.
The delay of the law is, your lordship will tell me, a trite topic, and which of its abuses have not been too severely felt not to be complained of? A man’s property is to serve for the purposes of his support; and therefore, to delay a determination concerning that, is the worst injustice, because it cuts off the very end and purpose for which I applied to the judicature for relief. Quite contrary in the case of a man’s life; there the determination can hardly be too much protracted. Mistakes in this case are as often fallen into as many other; and if the judgment is sudden, the mistakes are the most irretrievable of all others. Of this the gentlemen of the robe are themselves sensible, and they have brought it into a maxim. De morte hominis nulla est cunctatio longa. But what could have induced them to reverse the rules, and to contradict that reason which dictated them, I am utterly unable to guess. A point concerning property, which ought, for the reasons I have just mentioned, to be most speedily decided, frequently exercises the wit of successions of lawyers, for many generations. Multa virûm volvens durando sæcula vincit. But the question concerning a man’s life, that great question in which no delay ought to be counted tedious, is commonly determined in twenty-four hours at the utmost. It is not to be wondered at, that injustice and absurdity should be inseparable companions.
Ask of politicians the end for which laws were originally designed; and they will answer, that the laws were designed as a protection for the poor and weak, against the oppression of the rich and powerful. But surely no pretence can be so ridiculous; a man might as well tell me he has taken off my load, because he has changed the burden. If the poor man is not able to support his suit, according to the vexatious and expensive manner established in civilized countries, has not the rich as great an advantage over him as the strong has over the weak in a state of nature? But we will not place the state of nature, which is the reign of God, in competition with political society, which is the absurd usurpation of man. In a state of nature, it is true that a man of superior force may beat or rob me; but then it is true, that I am at full liberty to defend myself, or make reprisal by surprise or by cunning, or by any other way in which I may be superior to him. But in political society, a rich man may rob me in another way. I cannot defend myself; for money is the only weapon with which we are allowed to fight. And if I attempt to avenge
myself the whole force of that society is ready to complete my ruin.
A good parson once said, that where mystery begins, religion ends. Cannot I say, as truly at least, of human laws, that where mystery begins, justice ends? It is hard to say, whether the doctors of law or divinity have made the greater advances in the lucrative business of mystery. The lawyers, as well as the theologians, have erected another reason besides natural reason; and the result has been, another justice besides natural justice. They have so bewildered the world and themselves in unmeaning forms and ceremonies, and so perplexed the plainest matters with metaphysical jargon, that it carries the highest danger to a man out of that profession, to make the least step without their advice and assistance. Thus, by confining to themselves the knowledge of the foundation of all men’s lives and properties, they have reduced all mankind into the most abject and servile dependence. We are tenants at the will of these gentlemen for everything; and a metaphysical quibble is to decide whether the greatest villain breathing shall meet his deserts, or escape with impunity, or whether the best man in the society shall not be reduced to the lowest and most despicable condition it affords. In a word, my lord, the injustice, delay, puerility, false refinement, and affected mystery of the law are such, that many who live under it come to admire and envy the expedition, simplicity, and equality of arbitrary judgments. I need insist the less on this article to your lordship, as you have frequently lamented the miseries derived to us from artificial law, and your candor is the more to be admired and applauded in this, as your lordship’s noble house has derived its wealth and its honors from that profession.
Before we finish our examination of artificial society, I shall lead your lordship into a closer consideration of the relations which it gives birth to, and the benefits, if such they are, which result from these relations. The most obvious division of society is into rich and poor; and it is no less obvious, that the number of the former bear a great disproportion to those of the latter. The whole business of the poor is to administer to the idleness, folly, and luxury of the rich; and that of the rich, in return, is to find the best methods of confirming the slavery and increasing the burdens of the poor. In a state of nature, it is an invariable law, that a man’s acquisitions are in proportion to his labors. In a state of artificial society, it is a law as constant and as invariable, that those who labor most enjoy the fewest things; and that those who labor not at all have the greatest number of enjoyments. A constitution of things this, strange and ridiculous beyond expression! We scarce believe a thing when we are told it, which we actually see before our eyes every day without being in the least surprised. I suppose that there are in Great Britain upwards of a hundred thousand people employed in lead, tin, iron, copper, and coal mines; these unhappy wretches scarce ever see the light of the sun; they are buried in the bowels of the earth; there they work at a severe and dismal task, without the least prospect of being delivered from it; they subsist upon the coarsest and worst sort of fare; they have their health miserably impaired, and their lives cut short, by being perpetually confined in the close vapor of these malignant minerals. A hundred thousand more at least are tortured without remission by the suffocating smoke, intense fires, and constant drudgery necessary in refining and managing the products of those mines. If any man informed us that two hundred thousand innocent persons were condemned to so intolerable slavery, how should we pity the unhappy sufferers, and how great would be our just indignation against those who inflicted so cruel and ignominious a punishment! This is an instance—I could not wish a stronger—of the numberless things which we pass by in their common dress, yet which shock us when they are nakedly represented. But this number, considerable as it is, and the slavery, with all its baseness and horror, which we have at home, is nothing to what the rest of the world affords of the same nature. Millions daily bathed in the poisonous damps and destructive effluvia of lead, silver, copper, and arsenic. To say nothing of those other employments, those stations of wretchedness and contempt, in which civil society has placed the numerous enfans perdus of her army. Would any rational man submit to one of the most tolerable of these drudgeries, for all the artificial enjoyments which policy has made to result from them? By no means. And yet need I suggest to your lordship, that those who find the means, and those who arrive at the end, are not at all the same persons? On considering the strange and unaccountable fancies and contrivances of artificial reason, I have somewhere called this earth the Bedlam of our system. Looking now upon the effects of some of those fancies, may we not with equal reason call it likewise the Newgate and the Bridewell of the universe? Indeed the blindness of one part of mankind co-operating with the frenzy and villany of the other, has been the real builder of this respectable fabric of political society: and as the blindness of mankind has caused their slavery, in return their state of slavery is made a pretence for continuing them in a state of blindness; for the politician will tell you gravely, that their life of servitude disqualifies the greater part of the race of man for a search of truth, and supplies them with no other than mean and insufficient ideas. This is but too true; and this is one of the reasons for which I blame such institutions.
In a misery of this sort, admitting some few lenitives, and those too but a few, nine parts in ten of the whole race of mankind drudge through life. It may be urged perhaps, in palliation of this, that at least the rich few find a considerable and real benefit from the wretchedness of the many. But is this so in fact? Let us examine the point with a little more attention. For this purpose the rich in all societies may be thrown into two classes. The first is of those who are powerful as well as rich, and conduct the operations of the vast political machine. The other is of those who employ their riches wholly in the acquisition of pleasure. As to the first sort, their continual care and anxiety, their toilsome days, and sleepless nights, are next to proverbial. These circumstances are sufficient almost to level their condition to that of the unhappy majority; but there are other circumstances which place them in a far lower condition. Not only their understandings labor continually, which is the severest labor, but their hearts are torn by the worst, most troublesome, and insatiable of all passions, by avarice, by ambition, by fear and jealousy. No part of the mind has rest. Power gradually extirpates from the mind every humane and gentle virtue. Pity, benevolence, friendship, are things almost unknown in high stations. Verœ amicitiœ rarissime inveniuntur in iis qui in honoribus reque publica versantur, says Cicero. And indeed courts are the schools where cruelty, pride, dissimulation, and treachery are studied and taught in the most vicious perfection. This is a point so clear and acknowledged, that if it did not make a necessary part of my subject, I should pass it by entirely And this has hindered me from drawing at full length, and in the most striking colors, this shocking picture of the degeneracy and wretchedness of human nature, in that part which is vulgarly thought its happiest and most amiable state.You know from what originals I could copy such pictures. Happy are they who know enough of them to know the little value of the possessors of such things, and of all that they possess; and happy they who have been snatched from that post of danger which they occupy with the remains of their virtue; loss of honors, wealth, tides, and even the loss of one’s country, is nothing in balance with so great an advantage.