Thoughts on the Present Discontents, and Speeches, etc. by Edmund Burke
page 66 of 151 (43%)
page 66 of 151 (43%)
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would leave such offences to the law, to be punished in measure and
proportion. The laws of this country are for the most part constituted, and wisely so, for the general ends of Government, rather than for the preservation of our particular liberties. Whatever therefore is done in support of liberty, by persons not in public trust, or not acting merely in that trust, is liable to be more or less out of the ordinary course of the law; and the law itself is sufficient to animadvert upon it with great severity. Nothing indeed can hinder that severe letter from crushing us, except the temperaments it may receive from a trial by jury. But if the habit prevails of GOING BEYOND THE LAW, and superseding this judicature, of carrying offences, real or supposed, into the legislative bodies, who shall establish themselves into COURTS OF CRIMINAL EQUITY, (so THE STAR CHAMBER has been called by Lord Bacon,) all the evils of the STAR Chamber are revived. A large and liberal construction in ascertaining offences, and a discretionary power in punishing them, is the idea of criminal equity; which is in truth a monster in Jurisprudence. It signifies nothing whether a court for this purpose be a Committee of Council, or a House of Commons, or a House of Lords; the liberty of the subject will be equally subverted by it. The true end and purpose of that House of Parliament which entertains such a jurisdiction will be destroyed by it. I will not believe, what no other man living believes, that Mr. Wilkes was punished for the indecency of his publications, or the impiety of his ransacked closet. If he had fallen in a common slaughter of libellers and blasphemers, I could well believe that nothing more was meant than was pretended. But when I see, that, for years together, full as impious, and perhaps more dangerous |
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