Select Works of Edmund Burke: Reflections on the Revolution in France. Edmund Burke

certainly does not owe his high office to any form of popular election, is in no respect better than the rest of the gang of usurpers, who reign, or rather rob, all over the face of this our miserable world, without any sort of right or title to the allegiance of their people. The policy of this general doctrine, so qualified, is evident enough. The propagators of this political gospel are in hopes their abstract principle (their principle that a popular choice is necessary to the legal existence of the sovereign magistracy) would be overlooked whilst the king of Great Britain was not affected by it. In the mean time the ears of their congregations would be gradually habituated to it, as if it were a first principle admitted without dispute. For the present it would only operate as a theory, pickled in the preserving juices of pulpit eloquence, and laid by for future use. Condo et compono quae mox depromere possim. By this policy, whilst our government is soothed with a reservation in its favour, to which it has no claim, the security, which it has in common with all governments, so far as opinion is security, is taken away.

      Thus these politicians proceed, whilst little notice is taken of their doctrines: but when they come to be examined upon the plain meaning of their words and the direct tendency of their doctrines, then equivocations and slippery constructions come into play. When they say the king [17] owes his crown to the choice of his people, and is therefore the only lawful sovereign in the world, they will perhaps tell us they mean to say no more than that some of the king’s predecessors have been called to the throne by some sort of choice; and therefore he owes his crown to the choice of his people. Thus, by a miserable subterfuge, they hope to render their proposition safe, by rendering it nugatory. They are welcome to the asylum they seek for their offence, since they take refuge in their folly. For, if you admit this interpretation, how does their idea of election differ from our idea of inheritance? And how does the settlement of the crown in the Brunswick line derived from James the first, come to legalize our monarchy, rather than that of any of the neighbouring countries? At some time or other, to be sure, all the beginners of dynasties were chosen by those who called them to govern. There is ground enough for the opinion that all the kingdoms of Europe were, at a remote period, elective, with more or fewer limitations in the objects of choice; but whatever kings might have been here or elsewhere, a thousand years ago, or in whatever manner the ruling dynasties of England or France may have begun, the King of Great Britain is at this day king by a fixed rule of succession, according to the laws of his country; and whilst the legal conditions of the compact of sovereignty are performed by him (as they are performed) he holds his crown in contempt of the choice of the Revolution Society, who have not a single vote for a king amongst them, either individually or collectively; though I make no doubt they would soon erect themselves into an electoral college, if things were ripe to give effect to their claim. His majesty’s heirs and successors, each in his time and order, will come to the crown with the same contempt of their choice with which his majesty has succeeded to that he wears.

      Whatever may be the success of evasion in explaining [18] away the gross error of fact, which supposes that his majesty (though he holds it in concurrence with the wishes) owes his crown to the choice of his people, yet nothing can evade their full explicit declaration, concerning the principle of a right in the people to choose, which right is directly maintained, and tenaciously adhered to. All the oblique insinuations concerning election bottom in this proposition, and are referable to it. Lest the foundation of the king’s exclusive legal title should pass for a mere rant of adulatory freedom, the political Divine proceeds dogmatically to assert,^* that by the principles of the Revolution the people of England have acquired three fundamental rights, all which, with him, compose one system, and lie together in one short sentence; namely, that we have acquired a right

      1. “To choose our own governors.”

      2. “To cashier them for misconduct.”

      3. “To frame a government for ourselves.”

      This new, and hitherto unheard-of bill of rights, though made in the name of the whole people, belongs to those gentlemen and their faction only. The body of the people of England have no share in it. They utterly disclaim it. They will resist the practical assertion of it with their lives and fortunes. They are bound to do so by the laws of their country, made at the time of that very Revolution, which is appealed to in favour of the fictitious rights claimed by the society which abuses its name.

      THESE GENTLEMEN OF THE OLD JEWRY, in all their reasonings on the Revolution of 1688, have a revolution which happened in England about forty years before, and the late French revolution, so much before their eyes, and in their hearts, that they are constantly confounding all the three together. It is necessary that we should separate what they [19] confound. We must recall their erring fancies to the acts of the Revolution which we revere, for the discovery of its true principles. If the principles of the Revolution of 1688 are any where to be found, it is in the statute called the Declaration of Right. In that most wise, sober, and considerate declaration, drawn up by great lawyers and great statesmen, and not by warm and inexperienced enthusiasts, not one word is said, nor one suggestion made, of a general right “to choose our own governors; to cashier them for misconduct; and to form a government for ourselves.”

      This Declaration of Right (the act of the 1st of William and Mary, sess. 2. ch. 2) is the corner-stone of our constitution, as reinforced, explained, improved, and in its fundamental principles for ever settled. It is called “An act for declaring the rights and liberties of the subject, and for settling the succession of the crown.” You will observe, that these rights and this succession are declared in one body, and bound indissolubly together.

      A few years after this period, a second opportunity offered for asserting a right of election to the crown. On the prospect of a total failure of issue from King William, and from the Princess, afterwards Queen Anne, the consideration of the settlement of the crown, and of a further security for the liberties of the people, again came before the legislature. Did they this second time make any provision for legalizing the crown on the spurious Revolution principles of the Old Jewry? No. They followed the principles which prevailed in the Declaration of Right; indicating with more precision the persons who were to inherit in the Protestant line. This act also incorporated, by the same policy, our liberties, and an hereditary succession in the same act. Instead of a right to choose our own governors, they declared that the succession in that line (the protestant line drawn from James the First) was absolutely necessary “for [20] the peace, quiet, and security of the realm,” and that it was equally urgent on them “to maintain a certainty in the succession thereof, to which the subjects may safely have recourse for their protection.” Both these acts, in which are heard the unerring, unambiguous oracles of Revolution policy, instead of countenancing the delusive, gypsey predictions of a “right to choose our governors,” prove to a demonstration how totally adverse the wisdom of the nation was from turning a case of necessity into a rule of law.

      Unquestionably there was at the Revolution, in the person of King William, a small and a temporary deviation from the strict order of regular hereditary succession; but it is against all genuine principles of jurisprudence to draw a principle from a law made in a special case, and regarding an individual person. Privilegium non transit in exemplum. If ever there was a time favourable for establishing the principle, that a king of popular choice was the only legal king, without all doubt it was at the Revolution. Its not being done at that time is a proof that the nation was of opinion it ought not to be done at any time. There is no person so completely ignorant of our history, as not to know, that the majority in parliament of both parties were so little disposed to any thing resembling that principle, that at first they were determined to place the vacant crown, not on the head of the prince of Orange, but on that of his wife Mary, daughter of King James, the eldest born of the issue of that king, which they acknowledged as undoubtedly his. It would be to repeat a very trite story, to recall to your memory all those circumstances which demonstrated that their accepting king William was not properly a choice; but, to all those who did not wish, in effect to recall King James, or to deluge their country in blood, and again to bring their religion, laws, and liberties into the peril they had just [21] escaped, it was an act of necessity, in the strictest moral sense in which necessity can be taken.

      In the very act, in which for a time, and in a single case, parliament departed