OUR CONSTITUTION, NOT FABRICATED, BUT INHERITED.

The Revolution was made to preserve our ANCIENT, indisputable laws and

liberties, and that ANCIENT constitution of government which is our only

security for law and liberty. If you are desirous of knowing the spirit

of our constitution, and the policy which predominated in that great

period which has secured it to this hour, pray look for both in our

histories, in our records, in our acts of parliament, and journals

of parliament, and not in the sermons of the Old Jewry, and the

after-dinner toasts of the Revolution Society. In the former you will

find other ideas and another language. Such a claim is as ill suited

to our temper and wishes as it is unsupported by any appearance of

authority. The very idea of the fabrication of a new government is

enough to fill us with disgust and horror. We wished at the period

of the Revolution, and do now wish, to derive all we possess as

AN INHERITANCE FROM OUR FOREFATHERS. Upon that body and stock of

inheritance, we have taken care not to inoculate any scion alien to the

nature of the original plant. All the reformations we have hitherto made

have proceeded upon the principle of reverence to antiquity; and I

hope, nay, I am persuaded, that all those which possibly may be

made hereafter, will be carefully formed upon analogical precedent,

authority, and example.

Our oldest reformation is that of Magna Charta. You will see that Sir

Edward Coke, that great oracle of our law, and indeed all the great men

who follow him, to Blackstone, are industrious to prove the pedigree of

our liberties. They endeavour to prove, that the ancient charter, the

Magna Charta of King John, was connected with another positive charter

from Henry I., and that both the one and the other were nothing more

than a re-affirmance of the still more ancient standing law of the

kingdom. In the matter of fact, for the greater part, these authors

appear to be in the right; perhaps not always; but if the lawyers

mistake in some particulars, it proves my position still the more

strongly, because it demonstrates the powerful prepossession towards

antiquity, with much the minds of all our lawyers and legislators, and

of all the people whom they wish to influence, have been always filled;

and the stationary policy of this kingdom in considering their most

sacred rights and franchises as an INHERITANCE.

In the famous law of the 3rd of Charles I., called the PETITION OF

RIGHT, the parliament says to the king, "Your subjects have INHERITED

this freedom," claiming their franchises not on abstract principles "as

the rights of men," but as the rights of Englishmen, and as a patrimony

derived from their forefathers. Selden, and the other profoundly learned

men, who drew this petition of right, were as well acquainted, at least,

with all the general theories concerning the "rights of men," as any of

the discoursers in our pulpits, or on your tribune; full as well as Dr.

Price, or as the Abbe Sieyes. But, for reasons worthy of that practical

wisdom which superseded their theoretic science, they preferred this

positive, recorded, HEREDITARY title to all which can be dear to the man

and the citizen, to that vague speculative right, which exposed their

sure inheritance to be scrambled for and torn to pieces by every wild,

litigious spirit.

The same policy pervades all the laws which have since been made for the

preservation of our liberties. In the 1st of William and Mary, in the

famous statute called the Declaration of Right, the two houses utter not

a syllable of "a right to frame a government for themselves." You

will see, that their whole care was to secure the religion, laws, and

liberties, that had been long possessed, and had been lately endangered.

"Taking into their most serious consideration the BEST means for making

such an establishment that their religion, laws, and liberties, might

not be in danger of being again subverted," they auspicate all their

proceedings, by stating as some of those BEST means, "in the FIRST

PLACE" to do "as their ANCESTORS IN LIKE CASES HAVE USUALLY done for

vindicating their ANCIENT rights and liberties, to DECLARE;"--and then

they pray the king and queen, "that it may be DECLARED and enacted, that

ALL AND SINGULAR the rights and liberties ASSERTED AND DECLARED, are the

true ANCIENT and indubitable rights and liberties of the people of this

kingdom."

You will observe, that from Magna Charta to the Declaration of Right, it

has been the uniform policy of our constitution to claim and assert

our liberties, as an ENTAILED INHERITANCE derived to us from our

forefathers, and to be transmitted to our posterity, as an estate

specially belonging to the people of this kingdom, without any reference

whatever to any other more general or prior right. By this means our

constitution preserves a unity in so great a diversity of its parts.

We have an inheritable crown; an inheritable peerage; and a house of

commons and a people inheriting privileges, franchises, and liberties,

from a long line of ancestors.

Selections from the Speeches and Writings of Edmund Burke · 第 173 / 361 题