Selections from the Speeches and Writings of Edmund Burke






PRESCRIPTIVE RIGHTS.

The crown has considered me after long service; the crown has paid the duke of Bedford by advance. He has had a long credit for any service which he may perform hereafter. He is secure, and long may he be secure, in his advance, whether he performs any services or not. But let him take care how he endangers the safety of that constitution which secures his own utility or his own insignificance; or how he discourages those who take up even puny arms to defend an order of things which, like the sun of heaven, shines alike on the useful and the worthless. His grants are engrafted on the public law of Europe, covered with the awful hoar of innumerable ages. They are guarded by the sacred rules of prescription, found in that full treasury of jurisprudence from which the jejuneness and penury of our municipal law has, by degrees, been enriched and strengthened. This prescription I had my share (a very full share) in bringing to its perfection. The duke of Bedford will stand as long as prescriptive law endures; as long as the great stable laws of property, common to us with all civilized nations, are kept in their integrity, and without the smallest intermixture of laws, maxims, principles, or precedents, of the grand revolution. They are secure against all changes but one. The whole revolutionary system, institutes, digest, code, novels, text, gloss, comment, are not only not the same, but they are the very reverse, and the reverse fundamentally, of all the laws, on which civil life has hitherto been upheld in all the governments of the world. The learned professors of the rights of man regard prescription not as a title to bar all claim, set up against all possession, but they look on prescription as itself a bar against the possessor and proprietor. They hold an immemorial possession to be no more than a long-continued, and therefore an aggravated injustice.

Such are THEIR ideas, such THEIR religion, and such THEIR law. But as to OUR country and OUR race, as long as the well-compacted structure of our church and state, the sanctuary, the holy of holies of that ancient law, defended by reverence, defended by power, a fortress at once and a temple, shall stand inviolate on the brow of the British Sion; as long as the British monarchy, not more limited than fenced by the orders of the state, shall, like the proud Keep of Windsor, rising in the majesty of proportion, and girt with the double belt of its kindred and coeval towers,—as long as this awful structure shall oversee and guard the subjected land—so long the mounds and dykes of the low, fat Bedford Level will have nothing to fear from all the pickaxes of all the levellers of France. As long as our sovereign lord the king, and his faithful subjects, the lords and commons of this realm,—the triple cord, which no man can break; the solemn, sworn, constitutional frank-pledge of this nation; the firm guarantees of each other's being, and each other's rights; the joint and several securities, each in its place and order, for every kind and every quality, of property and of dignity:—as long as these endure, so long the duke of Bedford is safe: and we are all safe together—the high from the blights of envy and the spoliations of rapacity; the low from the iron hand of oppression and the insolent spurn of contempt. Amen! and so be it: and so it will be,—


     Accolet; imperiumque pater Romanus habebit."




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