The Works of the Right Honourable Edmund Burke, Vol. 02 (of 12) eBook

This eBook from the Gutenberg Project consists of approximately 575 pages of information about The Works of the Right Honourable Edmund Burke, Vol. 02 (of 12).

The Works of the Right Honourable Edmund Burke, Vol. 02 (of 12) eBook

This eBook from the Gutenberg Project consists of approximately 575 pages of information about The Works of the Right Honourable Edmund Burke, Vol. 02 (of 12).
in the abstract idea of that power, and which carry no absolute injustice in themselves, yet being contrary to the opinions and feelings of the people, can as little be exercised as if Parliament in that case had been possessed of no right at all.  I see no abstract reason, which can be given, why the same power which made and repealed the High Commission Court and the Star-Chamber might not revive them again; and these courts, warned by their former fate, might possibly exercise their powers with some degree of justice.  But the madness would be as unquestionable as the competence of that Parliament which should attempt such things.  If anything can be supposed out of the power of human legislature, it is religion; I admit, however, that the established religion of this country has been three or four times altered by act of Parliament, and therefore that a statute binds even in that case.  But we may very safely affirm, that, notwithstanding this apparent omnipotence, it would be now found as impossible for King and Parliament to alter the established religion of this country as it was to King James alone, when he attempted to make such an alteration without a Parliament.  In effect, to follow, not to force, the public inclination,—­to give a direction, a form, a technical dress, and a specific sanction, to the general sense of the community, is the true end of legislature.

It is so with regard to the exercise of all the powers which our Constitution knows in any of its parts, and indeed to the substantial existence of any of the parts themselves.  The king’s negative to bills is one of the most indisputed of the royal prerogatives; and it extends to all cases whatsoever.  I am far from certain, that if several laws, which I know, had fallen under the stroke of that sceptre, that the public would have had a very heavy loss.  But it is not the propriety of the exercise which is in question.  The exercise itself is wisely forborne.  Its repose may be the preservation of its existence; and its existence may be the means of saying the Constitution itself, on an occasion worthy of bringing it forth.

As the disputants whose accurate and logical reasonings have brought us into our present condition think it absurd that powers or members of any constitution should exist, rarely, if ever, to be exercised, I hope I shall be excused in mentioning another instance that is material.  We know that the Convocation of the Clergy had formerly been called, and sat with nearly as much regularity to business as Parliament itself.  It is now called for form only.  It sits for the purpose of making some polite ecclesiastical compliments to the king, and, when that grace is said, retires and is heard of no more.  It is, however, a part of the Constitution, and may be called out into act and energy, whenever there is occasion, and whenever those who conjure up that spirit will choose to abide the consequences.  It is wise to permit its legal existence:  it is much wiser

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The Works of the Right Honourable Edmund Burke, Vol. 02 (of 12) from Project Gutenberg. Public domain.