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The Works of the Right Honourable Edmund Burke, Vol. 07 (of 12) by Edmund Burke
page 16 of 430 (03%)
know, technically speaking, that nothing agreeable to law can be
considered as a grievance. But an over-attention to the rules of any act
does sometimes defeat the ends of it; and I think it does so in this
Parliamentary act, as much at least as in any other. I know many
gentlemen think that the very essence of liberty consists in being
governed according to law, as if grievances had nothing real and
intrinsic; but I cannot be of that opinion. Grievances may subsist by
law. Nay, I do not know whether any grievance can be considered as
intolerable, until it is established and sanctified by law. If the Act
of Toleration were not perfect, if there were a complaint of it, I would
gladly consent to amend it. But when I heard a complaint of a pressure
on religious liberty, to my astonishment I find that there was no
complaint whatsoever of the insufficiency of the act of King William,
nor any attempt to make it more sufficient. The matter, therefore, does
not concern toleration, but establishment; and it is not the rights of
private conscience that are in question, but the propriety of the terms
which are proposed by law as a title to public emoluments: so that the
complaint is not, that there is not toleration of diversity in opinion,
but that diversity in opinion is not rewarded by bishoprics, rectories,
and collegiate stalls. When gentlemen complain of the subscription as
matter of grievance, the complaint arises from confounding private
judgment, whose rights are anterior to law, and the qualifications which
the law creates for its own magistracies, whether civil or religious. To
take away from men their lives, their liberty, or their property, those
things for the protection of which society was introduced, is great
hardship and intolerable tyranny; but to annex any condition you please
to benefits artificially created is the most just, natural, and proper
thing in the world. When _e nova_ you form an arbitrary benefit, an
advantage, preëminence, or emolument, not by Nature, but institution,
you order and modify it with all the power of a creator over his
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