The Works of the Right Honourable Edmund Burke, Vol. 04 (of 12) by Edmund Burke
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page 12 of 434 (02%)
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court.
One would think, that, out of common decency, they would have given you men who had not been in the habit of trampling upon law and justice in the Assembly, neutral men, or men apparently neutral, for judges, who are to dispose of your lives and fortunes. Cromwell, when he attempted to legalize his power, and to settle his conquered country in a state of order, did not look for dispensers of justice in the instruments of his usurpation. Quite the contrary. He sought out, with great solicitude and selection, and even from the party most opposite to his designs, men of weight and decorum of character,--men unstained with the violence of the times, and with hands not fouled with confiscation and sacrilege: for he chose an Hale for his chief justice, though he absolutely refused to take his civic oaths, or to make any acknowledgment whatsoever of the legality of his government. Cromwell told this great lawyer, that, since he did not approve his title, all he required of him was to administer, in a manner agreeable to his pure sentiments and unspotted character, that justice without which human society cannot subsist,--that it was not his particular government, but civil order itself, which, as a judge, he wished him to support. Cromwell knew how to separate the institutions expedient to his usurpation from the administration of the public justice of his country. For Cromwell was a man in whom ambition had not wholly suppressed, but only suspended, the sentiments of religion, and the love (as far as it could consist with his designs) of fair and honorable reputation. Accordingly, we are indebted to this act of his for the preservation of our laws, which some senseless assertors of the rights of men were then on the point of entirely erasing, as relics of feudality and barbarism. Besides, he gave, in the appointment of that man, to that age, and to |
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