The Works of the Right Honourable Edmund Burke Volume IV Part 6

[Sidenote: Commons do not state the limits of submission.]

[Sidenote: To secure the laws, the only aim of the Revolution.]

"In clearing up and vindicating the justice of the Revolution, which was the second thing proposed, it is far from the intent of the Commons to state the _limits and bounds_ of the subject's submission to the sovereign. That which the law hath been wisely silent in, the Commons desire to be silent in too; nor will they put _any_ case of a justifiable resistance, but that of the Revolution only: and _they persuade themselves that the doing right to that resistance will be so far from promoting popular license or confusion, that it will have a contrary effect, and be a means of settling men's minds in the love of and veneration for the laws_; to rescue and secure which was the _ONLY aim and intention of those concerned in that resistance_."

Dr. Sacheverell's counsel defended him on this principle, namely,--that, whilst he enforced from the pulpit the general doctrine of non-resistance, he was not obliged to take notice of the theoretic limits which ought to modify that doctrine. Sir Joseph Jekyl, in his reply, whilst he controverts its application to the Doctor's defence, fully admits and even enforces the principle itself, and supports the Revolution of 1688, as he and all the managers had done before, exactly upon the same grounds on which Mr. Burke has built, in his Reflections on the French Revolution.

_Sir Joseph Jekyl._

[Sidenote: Blamable to state the bounds of non-resistance.]

[Sidenote: Resistance lawful only in _case_ of extreme and obvious necessity.]

"If the Doctor had pretended to have stated the particular bounds and limits of non-resistance, and told the people in what cases they might or might not resist, _he would have been much to blame_; nor was one word said in the articles, or by the managers, as if that was expected from him; but, _on the contrary, we have insisted that in NO case can resistance be lawful, but in case of EXTREME NECESSITY, and where the Const.i.tution can't otherwise be preserved; and such necessity ought to be plain and obvious to the sense and judgment of the whole nation: and this was the case at the Revolution_."

The counsel for Doctor Sacheverell, in defending their client, were driven in reality to abandon the fundamental principles of his doctrine, and to confess that an exception to the general doctrine of pa.s.sive obedience and non-resistance did exist in the case of the Revolution.

This the managers for the Commons considered as having gained their cause, as their having obtained _the whole_ of what they contended for.

They congratulated themselves and the nation on a civil victory as glorious and as honorable as any that had obtained in arms during that reign of triumphs.

Sir Joseph Jekyl, in his reply to Harcourt, and the other great men who conducted the cause for the Tory side, spoke in the following memorable terms, distinctly stating the whole of what the Whig House of Commons contended for, in the name of all their const.i.tuents.

_Sir Joseph Jekyl._

[Sidenote: Necessity creates an exception, and the Revolution a case of necessity, the utmost extent of the demand of the Commons.]

"My Lords, the concessions" (the concessions of Sacheverell's counsel) "are these: That _necessity_ creates an _exception_ to the general rule of submission to the prince; that such exception is understood or implied in the laws that require such submission; and that _the case of the Revolution was a case of necessity._

"These are concessions _so ample_, and do so _fully_ answer the drift of the Commons in this article, and are to _the utmost extent of their meaning in it_, that I can't forbear congratulating them upon this success of their impeachment,--that in full Parliament, this erroneous doctrine of _unlimited_ non-resistance is given up and disclaimed. And may it not, in after ages, be an addition to the glories of this bright reign, that so many of those who are honored with being in her Majesty's service have been at your Lordships' bar thus successfully contending for the _national_ rights of her people, and proving they are not precarious or remediless?

"But to return to these concessions: I must appeal to your Lordships, whether they are not a _total departure_ from the Doctor's answer."

I now proceed to show that the Whig managers for the Commons meant to preserve the government on a firm foundation, by a.s.serting the perpetual validity of the settlement then made, and its coercive power upon posterity. I mean to show that they gave no sort of countenance to any doctrine tending to impress the _people_ (taken separately from the legislature, which includes the crown) with an idea that _they_ had acquired a moral or civil competence to alter, without breach of the original compact on the part of the king, the succession to the crown, at their pleasure,--much less that they had acquired any right, in the case of such an event as caused the Revolution, to set up any new form of government. The author of the Reflections, I believe, thought that no man of common understanding could oppose to this doctrine the ordinary sovereign power as declared in the act of Queen Anne: that is, that the kings or queens of the realm, with the consent of Parliament, are competent to regulate and to settle the succession of the crown. This power is and ever was inherent in the supreme sovereignty, and was not, as the political divines vainly talk, acquired by the Revolution. It is declared in the old statute of Queen Elizabeth. Such a power must reside in the complete sovereignty of every kingdom; and it is in fact exercised in all of them. But this right of _competence_ in the legislature, not in the people, is by the legislature itself to be exercised with _sound discretion_: that is to say, it is to be exercised or not, in conformity to the fundamental principles of this government, to the rules of moral obligation, and to the faith of pacts, either contained in the nature of the transaction or entered into by the body corporate of the kingdom,--which body in juridical construction never dies, and in fact never loses its members at once by death.

Whether this doctrine is reconcilable to the modern philosophy of government I believe the author neither knows nor cares, as he has little respect for any of that sort of philosophy. This may be because his capacity and knowledge do not reach to it. If such be the case, he cannot be blamed, if he acts on the sense of that incapacity; he cannot be blamed, if, in the most arduous and critical questions which can possibly arise, and which affect to the quick the vital parts of our Const.i.tution, he takes the side which leans most to safety and settlement; that he is resolved not "to be wise beyond what is written"

in the legislative record and practice; that, when doubts arise on them, he endeavors to interpret one statute by another, and to reconcile them all to established, recognized morals, and to the general, ancient, known policy of the laws of England. Two things are equally evident: the first is, that the legislature possesses the power of regulating the succession of the crown; the second, that in the exercise of that right it has uniformly acted as if under the _restraints_ which the author has stated. That author makes what the ancients call _mos majorum_ not indeed his sole, but certainly his princ.i.p.al rule of policy, to guide his judgment in whatever regards our laws. Uniformity and a.n.a.logy can be preserved in them by this process only. That point being fixed, and laying fast hold of a strong bottom, our speculations may swing in all directions without public detriment, because they will ride with sure anchorage.

In this manner these things have been always considered by our ancestors. There are some, indeed, who have the art of turning the very acts of Parliament which were made for securing the hereditary succession in the present royal family, by rendering it penal to doubt of the validity of those acts of Parliament, into an instrument for defeating all their ends and purposes,--but upon grounds so very foolish that it is not worth while to take further notice of such sophistry.

To prevent any unnecessary subdivision, I shall here put together what may be necessary to show the perfect agreement of the Whigs with Mr.

Burke in his a.s.sertions, that the Revolution made no "essential change in the const.i.tution of the monarchy, or in any of its ancient, sound, and legal principles; that the succession was settled in the Hanover family, upon the idea and in the mode of an hereditary succession qualified with Protestantism; that it was not settled upon _elective_ principles, in any sense of the word _elective_, or under any modification or description of _election_ whatsoever; but, on the contrary, that the nation, after the Revolution, renewed by a fresh compact the spirit of the original compact of the state, binding itself, _both in its existing members and all its posterity_, to adhere to the settlement of an hereditary succession in the Protestant line, drawn from James the First, as the stock of inheritance."

_Sir John Hawles_.

[Sidenote: Necessity of settling the right of the crown, and submission to the settlement.]

"If he [Dr. Sacheverell] is of the opinion he pretends, I can't imagine how it comes to pa.s.s that he that pays that deference to the supreme power has preached so directly contrary to the determinations of the supreme power in this government, he very well knowing that the lawfulness of the Revolution, and of the means whereby it was brought about, has already been determined by the aforesaid acts of Parliament,--and do it in the worst manner that he could invent. _For questioning the right to the crown here in England has procured the shedding of more blood and caused more slaughter than all the other matters tending to disturbances in the government put together._ If, therefore, the doctrine which the Apostles had laid down was only to continue the peace of the world, as thinking the death of some few particular persons better to be borne with than a civil war, sure it is the highest breach of that law to question the first principles of this government."

"If the Doctor had been contented with the liberty he took of preaching up the duty of pa.s.sive obedience in the most extensive manner he had thought fit, and would have stopped there, your Lordships would not have had the trouble in relation to him that you now have; but it is plain that he preached up his absolute and unconditional obedience, not _to continue the peace and tranquillity of this nation, but to set the subjects at strife, and to raise a war in the bowels of this nation_: and it is for _this_ that he is now prosecuted; though he would fain have it believed that the prosecution was for preaching the peaceable doctrine of absolute obedience."

_Sir Joseph Jekyl_.

[Sidenote: Whole frame of government restored unhurt, on the Revolution.]

"The whole tenor of the administration then in being was agreed to by all to be a _total departure from the Const.i.tution_. The nation was at that time united in that opinion, all but the criminal part of it. And as the nation joined in the judgment of their disease, so they did in the remedy. _They saw there was no remedy left but the last;_ and when that remedy took place, _the whole frame of the government was restored entire and unhurt_.[17] This showed the excellent temper the nation was in at that time, that, after such provocations from an abuse of the regal power, and such a convulsion, _no one part of the Const.i.tution was altered, or suffered the least damage; but, on the contrary, the whole received new life and vigor_."

The Tory counsel for Dr. Sacheverell having insinuated that a great and essential alteration in the Const.i.tution had been wrought by the Revolution, Sir Joseph Jekyl is so strong on this point, that he takes fire even at the insinuation of his being of such an opinion.

_Sir Joseph Jekyl._

[Sidenote: No innovation at the Revolution.]

"If the Doctor instructed his counsel to insinuate that there was _any innovation in the Const.i.tution wrought by the Revolution, it is an addition to his crime. The Revolution did not introduce any innovation; it was a restoration of the ancient fundamental Const.i.tution of the kingdom_, and giving it its proper force and energy."

The Solicitor-General, Sir Robert Eyre, distinguishes expressly the case of the Revolution, and its principles, from a proceeding at pleasure, on the part of the people, to change their ancient Const.i.tution, and to frame a new government for themselves. He distinguishes it with the same care from the principles of regicide and republicanism, and the sorts of resistance condemned by the doctrines of the Church of England, and which ought to be condemned by the doctrines of all churches professing Christianity.

_Mr. Solicitor-General, Sir Robert Eyre._

[Sidenote: Revolution no precedent for voluntary cancelling allegiance.]

[Sidenote: Revolution not like the case of Charles the First.]

"The resistance at the Revolution, which was founded in _unavoidable necessity_, could be no defence to a man that was attacked _for a.s.serting that the people might cancel their allegiance at pleasure, or dethrone and murder their sovereign by a judiciary sentence_. For it can never be inferred, from the lawfulness of resistance at a time when _a total subversion of the government both in Church and State was intended_, that a people may take up arms and _call their sovereign to account at pleasure_; and therefore, since _the Revolution could be of no service in giving the least color for a.s.serting any such wicked principle_, the Doctor could never intend to put it into the mouths of those new preachers and new politicians for a defence,--unless it be his opinion that the resistance at the Revolution can bear any parallel with _the execrable murder of the royal martyr, so justly detested by the whole nation_."

[Sidenote: Sacheverell's doctrine intended to bring an odium on the Revolution.]

[Sidenote: True defence of the Revolution an absolute necessity.]