Complete Works of Edmund Burke

by Edmund Burke

  4th. In regulating the several fraternities of Frank-pledges, by which all the people were naturally bound to their good behavior to one another and to their superiors; in all which they were excessively strict, in order to supply by the severity of this police the extreme laxity and imperfection of their laws, and the weak and precarious authority of their kings and magistrates.

  These, with some regulations for payment of tithes and Church dues, and for the discovery and pursuit of stealers of cattle, comprise almost all the titles deserving notice in the Saxon laws. In those laws there are frequently to be observed particular institutions, well and prudently framed; but there is no appearance of a regular, consistent, and stable jurisprudence. However, it is pleasing to observe something of equity and distinction gradually insinuating itself into these unformed materials, and some transient flashes of light striking across the gloom which prepared for the full day that shone out afterwards. The clergy, who kept up a constant communication with Rome, and were in effect the Saxon legislators, could not avoid gathering some informations from a law which never was perfectly extinguished in that part of the world. Accordingly we find one of its principles had strayed hither so early as the time of Edric and Lothaire. There are two maxims of civil law in their proper terms in the code of Canute the Great, who made and authorized that collection after his pilgrimage to Rome; and at this time, it is remarkable, we find the institutions of other nations imitated. In the same collection there is an express reference to the laws of the Werini. From hence it is plain that the resemblance between the polity of the several Northern nations did not only arise from their common original, but also from their adopting, in some cases, the constitutions of those amongst them who were most remarkable for their wisdom.

  In this state the law continued until the Norman Conquest. But we see that even before that period the English law began to be improved by taking in foreign learning; we see the canons of several councils mixed indiscriminately with the civil constitutions; and, indeed, the greatest part of the reasoning and equity to be found in them seems to be derived from that source.

  Hitherto we have observed the progress of the Saxon laws, which, conformably to their manners, were rude and simple, — agreeably to their confined situation, very narrow, — and though in some degree, yet not very considerably, improved by foreign communication. However, we can plainly discern its three capital sources. First, the ancient traditionary customs of the North, which, coming upon this and the other civilized parts of Europe with the impetuosity of a conquest, bore down all the ancient establishments, and, by being suited to the genius of the people, formed, as it were, the great body and main stream of the Saxon laws. The second source was the canons of the Church. As yet, indeed, they were not reduced into system and a regular form of jurisprudence; but they were the law of the clergy, and consequently influenced considerably a people over whom that order had an almost unbounded authority. They corrected, mitigated, and enriched those rough Northern institutions; and the clergy having once, bent the stubborn necks of that people to the yoke of religion, they were the more easily susceptible of other changes introduced under the same sanction. These formed the third source, — namely, some parts of the Roman civil law, and the customs of other German nations. But this source appears to have been much the smallest of the three, and was yet inconsiderable.

  The Norman Conquest is the great era of our laws. At this time the English jurisprudence, which, had hitherto continued a poor stream, fed from some few, and those scanty sources, was all at once, as from a mighty flood, replenished with a vast body of foreign learning, by which, indeed, it might be said rather to have been increased than much improved: for this foreign law, being imposed, not adopted, for a long time bore strong appearances of that violence by which it had been first introduced. All our monuments bear a strong evidence to this change. New courts of justice, new names and powers of officers, in a word, a new tenure of land as well as new possessors of it, took place. Even the language of public proceedings was in a great measure changed.

  A SHORT ACCOUNT OF A LATE SHORT ADMINISTRATION

  1766.

  The late administration came into employment, under the mediation of the Duke of Cumberland, on the tenth day of July, 1765; and was removed, upon a plan settled by the Earl of Chatham, on the thirtieth day of July, 1766, having lasted just one year and twenty days.

  In that space of time

  The distractions of the British empire were composed, by the repeal of the American stamp act;

  But the constitutional superiority of Great Britain was preserved by the act for securing the dependence of the colonies.

  Private houses were relieved from the jurisdiction of the excise, by the repeal of the cider tax.

  The personal liberty of the subject was confirmed, by the resolution against general warrants.

  The lawful secrets of business and friendship were rendered inviolable, by the resolution for condemning the seizure of papers.

  The trade of America was set free from injudicious and ruinous impositions, — its revenue was improved, and settled upon a rational foundation, — its commerce extended with foreign countries; while all the advantages were secured to Great Britain, by the act for repealing certain duties, and encouraging, regulating, and securing the trade of this kingdom, and the British dominions in America.

  Materials were provided and insured to our manufactures, — the sale of these manufactures was increased, — the African trade preserved and extended, — the principles of the act of navigation pursued, and the plan improved, — and the trade for bullion rendered free, secure, and permanent, by the act for opening certain ports in Dominica and Jamaica.

  That administration was the first which proposed and encouraged public meetings and free consultations of merchants from all parts of the kingdom; by which means the truest lights have been received; great benefits have been already derived to manufactures and commerce; and the most extensive prospects are opened for further improvement.

  Under them, the interests of our northern and southern colonies, before that time jarring and dissonant, were understood, compared, adjusted, and perfectly reconciled. The passions and animosities of the colonies, by judicious and lenient measures, were allayed and composed, and the foundation laid for a lasting agreement amongst them.

  Whilst that administration provided for the liberty and commerce of their country, as the true basis of its power, they consulted its interests, they asserted its honor abroad, with temper and with firmness; by making an advantageous treaty of commerce with Russia; by obtaining a liquidation of the Canada bills, to the satisfaction of the proprietors; by reviving and raising from its ashes the negotiation for the Manilla ransom, which had been extinguished and abandoned by their predecessors.

  They treated their sovereign with decency; with reverence. They discountenanced, and, it is hoped, forever abolished, the dangerous and unconstitutional practice of removing military officers for their votes in Parliament. They firmly adhered to those friends of liberty, who had run all hazards in its cause; and provided for them in preference to every other claim.

  With the Earl of Bute they had no personal connection; no correspondence of councils. They neither courted him nor persecuted him. They practised no corruption; nor were they even suspected of it. They sold no offices. They obtained no reversions or pensions, either coming in or going out, for them selves, their families, or their dependents.

  In the prosecution of their measures they were traversed by an opposition of a new and singular character; an opposition of placemen and pensioners. They were supported by the confidence of the nation. And having held their offices under many difficulties and discouragements, they left them at the express command, as they had accepted them at the earnest request, of their royal master.

  These are plain facts; of a clear and public nature; neither extended by elaborate reasoning, nor heightened by the coloring of eloquence. They are the services of a single year.<
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  The removal of that administration from power is not to them premature; since they were in office long enough to accomplish many plans of public utility; and, by their perseverance and resolution, rendered the way smooth and easy to their successors; having left their king and their country in a much better condition than they found them. By the temper they manifest, they seem to have now no other wish than that their successors may do the public as real and as faithful service as they have done.

  OBSERVATIONS ON A LATE STATE OF THE NATION

  CONTENTS

  OBSERVATIONS ON A LATE PUBLICATION, INTITULED “THE PRESENT STATE OF THE NATION.”

  APPENDIX.

  OBSERVATIONS ON A LATE PUBLICATION, INTITULED “THE PRESENT STATE OF THE NATION.”

  “O Tite, si quid ego adjuvero curamve levasso,

  Quæ nunc te coquit, et versat sub pectore fixa,

  Ecquid erit pretii?”

  ENN. ap. CIC.

  1769.

  Party divisions, whether on the whole operating for good or evil, are things inseparable from free government. This is a truth which, I believe, admits little dispute, having been established by the uniform experience of all ages. The part a good citizen ought to take in these divisions has been a matter of much deeper controversy. But God forbid that any controversy relating to our essential morals should admit of no decision. It appears to me, that this question, like most of the others which regard our duties in life, is to be determined by our station in it. Private men may be wholly neutral, and entirely innocent: but they who are legally invested with public trust, or stand on the high ground of rank and dignity, which is trust implied, can hardly in any case remain indifferent, without the certainty of sinking into insignificance; and thereby in effect deserting that post in which, with the fullest authority, and for the wisest purposes, the laws and institutions of their country have fixed them. However, if it be the office of those who are thus circumstanced, to take a decided part, it is no less their duty that it should be a sober one. It ought to be circumscribed by the same laws of decorum, and balanced by the same temper, which bound and regulate all the virtues. In a word, we ought to act in party with all the moderation which does not absolutely enervate that vigor, and quench that fervency of spirit, without which the best wishes for the public good must evaporate in empty speculation.

  It is probably from some such motives that the friends of a very respectable party in this kingdom have been hitherto silent. For these two years past, from one and the same quarter of politics, a continual fire has been kept upon them; sometimes from the unwieldy column of quartos and octavos; sometimes from the light squadrons of occasional pamphlets and flying sheets. Every month has brought on its periodical calumny. The abuse has taken every shape which the ability of the writers could give it; plain invective, clumsy raillery, misrepresented anecdote. No method of vilifying the measures, the abilities, the intentions, or the persons which compose that body, has been omitted.

  On their part nothing was opposed but patience and character. It was a matter of the most serious and indignant affliction to persons who thought themselves in conscience bound to oppose a ministry dangerous from its very constitution, as well as its measures, to find themselves, whenever they faced their adversaries, continually attacked on the rear by a set of men who pretended to be actuated by motives similar to theirs. They saw that the plan long pursued, with but too fatal a success, was to break the strength of this kingdom, by frittering down the bodies which compose it, by fomenting bitter and sanguinary animosities, and by dissolving every tie of social affection and public trust. These virtuous men, such I am warranted by public opinion to call them, were resolved rather to endure everything, than co-operate in that design. A diversity of opinion upon almost every principle of politics had indeed drawn a strong line of separation between them and some others. However, they were desirous not to extend the misfortune by unnecessary bitterness; they wished to prevent a difference of opinion on the commonwealth from festering into rancorous and incurable hostility. Accordingly they endeavored that all past controversies should be forgotten; and that enough for the day should be the evil thereof. There is however a limit at which forbearance ceases to be a virtue. Men may tolerate injuries whilst they are only personal to themselves. But it is not the first of virtues to bear with moderation the indignities that are offered to our country. A piece has at length appeared, from the quarter of all the former attacks, which upon every public consideration demands an answer. Whilst persons more equal to this business may be engaged in affairs of greater moment, I hope I shall be excused, if, in a few hours of a time not very important, and from such materials as I have by me (more than enough however for this purpose), I undertake to set the facts and arguments of this wonderful performance in a proper light. I will endeavor to state what this piece is; the purpose for which I take it to have been written; and the effects (supposing it should have any effect at all) it must necessarily produce.

  This piece is called “The Present State of the Nation.” It may be considered as a sort of digest of the avowed maxims of a certain political school, the effects of whose doctrines and practices this country will fuel long and severely. It is made up of a farrago of almost every topic which has been agitated on national affairs in parliamentary debate, or private conversation, for these last seven years. The oldest controversies are hauled out of the dust with which time and neglect had covered them. Arguments ten times repeated, a thousand times answered before, are here repeated again. Public accounts formerly printed and reprinted revolve once more, and find their old station in this sober meridian. All the commonplace lamentations upon the decay of trade, the increase of taxes, and the high price of labor and provisions, are here retailed again and again in the same tone with which they have drawled through columns of Gazetteers and Advertisers for a century together. Paradoxes which affront common sense, and uninteresting barren truths which generate no conclusion, are thrown in to augment unwieldy bulk, without adding anything to weight. Because two accusations are better than one, contradictions are set staring one another in the face, without even an attempt to reconcile them. And, to give the whole a sort of portentous air of labor and information, the table of the House of Commons is swept into this grand reservoir of politics.

  As to the composition, it bears a striking and whimsical resemblance to a funeral sermon, not only in the pathetic prayer with which it concludes, but in the style and tenor of the whole performance. It is piteously doleful, nodding every now and then towards dulness; well stored with pious frauds, and, like most discourses of the sort, much better calculated for the private advantage of the preacher than the edification of the hearers.

  The author has indeed so involved his subject, that it is frequently far from being easy to comprehend his meaning. It is happy for the public that it is never difficult to fathom his design. The apparent intention of this author is to draw the most aggravated, hideous and deformed picture of the state of this country, which his querulous eloquence, aided by the arbitrary dominion he assumes over fact, is capable of exhibiting. Had he attributed our misfortunes to their true cause, the injudicious tampering of bold, improvident, and visionary ministers at one period, or to their supine negligence and traitorous dissensions at another, the complaint had been just, and might have been useful. But far the greater and much the worst part of the state which he exhibits is owing, according to his representation, not to accidental and extrinsic mischiefs attendant on the nation, but to its radical weakness and constitutional distempers. All this however is not without purpose. The author is in hopes, that, when we are fallen into a fanatical terror for the national salvation, we shall then be ready to throw ourselves, — in a sort of precipitate trust, some strange disposition of the mind jumbled up of presumption and despair, — into the hands of the most pretending and forward undertaker. One such undertaker at least he has in readiness for our service. But let me assure this generous person, that however he may succeed in
exciting our fears for the public danger, he will find it hard indeed to engage us to place any confidence in the system he proposes for our security.

  His undertaking is great. The purpose of this pamphlet, at which it aims directly or obliquely in every page, is to persuade the public of three or four of the most difficult points in the world, — that all the advantages of the late war were on the part of the Bourbon alliance; that the peace of Paris perfectly consulted the dignity and interest of this country; and that the American Stamp Act was a masterpiece of policy and finance; that the only good minister this nation has enjoyed since his Majesty’s accession, is the Earl of Bute; and the only good managers of revenue we have seen are Lord Despenser and Mr. George Grenville; and, under the description of men of virtue and ability, he holds them out to us as the only persons fit to put our affairs in order. Let not the reader mistake me: he does not actually name these persons; but having highly applauded their conduct in all its parts, and heavily censured every other set of men in the kingdom, he then recommends us to his men of virtue and ability.

  Such is the author’s scheme. Whether it will answer his purpose I know not. But surely that purpose ought to be a wonderfully good one, to warrant the methods he has taken to compass it. If the facts and reasonings in this piece are admitted, it is all over with us. The continuance of our tranquillity depends upon the compassion of our rivals. Unable to secure to ourselves the advantages of peace, we are at the same time utterly unfit for war. It is impossible, if this state of things be credited abroad, that we can have any alliance; all nations will fly from so dangerous a connection, lest, instead of being partakers of our strength, they should only become sharers in our ruin. If it is believed at home, all that firmness of mind, and dignified national courage, which used to be the great support of this isle against the powers of the world, must melt away, and fail within us.