ABOLITION AND USE OF PARLIAMENTS.

According to their invariable course, the framers of your constitution

have begun with the outer abolition of the parliaments. These venerable

bodies, like the rest of the old government, stood in need of reform,

even though there should be no change made in the monarchy. They

required several more alterations to adapt them to the system of a free

constitution. But they had particulars in their constitution, and those

not a few, which deserved approbation from the wise. They possessed

one fundamental excellence,--they were independent. The most doubtful

circumstance attendant on their office, that of its being vendible,

contributed however to this independency of character. They held for

life. Indeed they may be said to have held by inheritance. Appointed by

the monarch, they were considered as nearly out of his power. The most

determined exertions of that authority against them only showed

their radical independence. They composed permanent bodies politic,

constituted to resist arbitrary innovation; and from that corporate

constitution, and from most of their forms, they were well calculated

to afford both certainty and stability to the laws. They had been a

safe asylum to secure these laws, in all the revolutions of humour and

opinion. They had saved that sacred deposit of the country during the

reigns of arbitrary princes, and the struggles of arbitrary factions.

They kept alive the memory and record of the constitution. They were the

great security to private property; which might be said (when personal

liberty had no existence) to be, in fact, as well guarded in France as

in any other country. Whatever is supreme in a state, ought to have, as

much as possible, its judicial authority so constituted as not only not

to depend upon it, but in some sort to balance it. It ought to give

a security to its justice against its power. It ought to make its

judicature, as it were, something exterior to the state. These

parliaments had furnished, not the best certainly, but some considerable

corrective to the excesses and vices of the monarchy. Such an

independent judicature was ten times more necessary when a democracy

became the absolute power of the country. In that constitution,

elective, temporary, local judges, such as you have contrived,

exercising their dependent functions in a narrow society, must be

the worst of all tribunals. In them it will be vain to look for any

appearance of justice towards strangers, towards the obnoxious rich,

towards the minority of routed parties, towards all those who in the

election have supported unsuccessful candidates. It will be impossible

to keep the new tribunals clear of the worst spirit of faction. All

contrivances by ballot we know experimentally to be vain and childish to

prevent a discovery of inclinations. Where they may the best answer the

purposes of concealment, they answer to produce suspicion; and this is a

still more mischievous cause of partiality.

If the parliaments had been preserved, instead of being dissolved at

so ruinous a change to the nation, they might have served in this new

commonwealth, perhaps not precisely the same (I do not mean an exact

parallel), but nearly the same, purposes as the court and senate of

Areopagus did in Athens; that is, as one of the balances and correctives

to the evils of a light and unjust democracy. Every one knows that this

tribunal was the great stay of that state; every one knows with what a

care it was upheld, and with what a religious awe it was consecrated.

The parliaments were not wholly free from faction, I admit; but this

evil was exterior and accidental, and not so much the vice of their

constitution itself, as it must be in your new contrivance of sexennial

elective judicatories. Several English commend the abolition of the old

tribunals, as supposing that they determined everything by bribery and

corruption. But they have stood the test of monarchic and republican

scrutiny. The court was well disposed to prove corruption on those

bodies when they were dissolved in 1771.--Those who have again dissolved

them would have done the same if they could--but both inquisitions

having failed, I conclude, that gross pecuniary corruption must have

been rather rare amongst them.

It would have been prudent, along with the parliaments, to preserve

their ancient power of registering, and of remonstrating at least, upon

all the decrees of the National Assembly, as they did upon those which

passed in the time of the monarchy. It would be a means of squaring

the occasional decrees of a democracy to some principles of general

jurisprudence. The vice of the ancient democracies, and one cause

of their ruin, was, that they ruled, as you do, by occasional

decrees,--psephismata. This practice soon broke in upon the tenor and

consistency of the laws; it abated the respect of the people towards

them; and totally destroyed them in the end.

Your vesting the power of remonstrance, which, in the time of the

monarchy, existed in the parliament of Paris, in your principal

executive officer, whom, in spite of common sense, you persevere in

calling king, is the height of absurdity. You ought never to suffer

remonstrance from him who is to execute. This is to understand neither

counsel nor execution; neither authority nor obedience. The person whom

you call king, ought not to have this power, or he ought to have more.

Selections from the Speeches and Writings of Edmund Burke · 第 350 / 361 题