the day of its publication. Burke’s fiery philippic seemed to dry up their strength, as the sun dries up the dew. Nothing could stand, in public opinion, against Burke’s imperious dilemmas. But it is the moral power of the argument, and the brilliancy with which it is enforced, which give the work its value. The topics themselves are of slighter significance. Half awed by the tones of the preacher, half by his evident earnestness and self-conviction, we are predisposed to submit to his general doctrines, although we cannot feel sure of their applicability to the occasion. Unfair as this denunciation was to France, we sympathise in its effects on the malcontents in England. The tone of the book was well suited to the occasion. A loud and bitter cry was to be raised—the revolutionary propaganda was to be stayed—and to this end all that could be said against it was to be clearly, sharply, emphatically, and uncompromisingly put forth. With Hannibal at the gates, it was no time for half-opinions, for qualification, and for temporisation. No wise man could hesitate to do his best to discredit the Jacobins, without any very scrupulous regard to absolute justice. They were unjust and unscrupulous, and it was perhaps pardonable to attack them with their own weapons. From all this we deduce the critical canon, that properly to understand Burke’s book we must look on him not as a critic, but as an advocate. The book is not history, nor philosophy, but a polemic. It is a polemic against Jacobinism, particularly English Jacobinism.
What is, or rather was, Jacobinism? In the usage of the day, [xvi] it was a vituperative term applied summarily to all opposition to the dominant party. He who doubted Mr. Pitt was set down as a Jacobin, much as he who doubted the Bishops was set down as an infidel. But the Jacobin proper is the revolter against the established order of society. What those who stood by this established order understood by the term is roughly expressed in Burke’s phrase of Treason against property. “You have too much, I have too little—you have privileges, I have none—your liberties are essentially an encroachment upon mine, or those which ought to be mine.” These formulas constitute the creed of Jacobinism in its simplest and rudest form, the sentimental antagonism of poverty against wealth.
Well, whiles I am a beggar, I will rail,
And say, There is no sin but to be rich:
And being rich, my virtue then shall be
To say, There is no vice but beggary.1
This creed will never lack exponents. It is founded on an ancient tale, and in a certain sense, a tale of wrong; but whilst the human species maintains its vantage above the lower animals, it is a wrong that will never be completely righted. In Burke’s view, it is of the nature and essence of property to be unequal. The degrees of social prosperity must always exhibit many shades of disparity, “Take but degree away, untune that string,” and you destroy most things which set man above the brutes. Degree is inseparable from the maintenance of the artificial structure of civilisation. The last phrase leads us to note the fundamental fallacy of the doctrine in its next stage of philosophical or speculative Jacobinism. Civilisation, social happiness, the comfortable arts of life, are no gift of nature to man. They are, in the strictest sense, artificial. The French philosophers, by a gross assumption, took them to be natural, and therefore a matter of common right to all.
We notice here a fundamental antagonism alleged by Burke to exist between the Revolutionists and the English school of politicians. The former base their claims upon Right; Burke, following the traditions of English statesmanship, claims to base his upon Law. It is not that Law has no basis in natural Right: it is rather that Law, having occupied as a basis a portion of [xvii] the space naturally covered by Right, all outside it ceases to be right in the same sense in which it was so before. In other words, realised Right, in the shape of tangible and enforceable Law, is understood to be so material an advance upon abstract Right, that your acceptance of the former amounts to a renunciation of the latter. You cannot have both at once. Now Jacobinism may be regarded as the sentiment which leads man to repudiate Law and take his stand upon natural Right. The difficulty is that in so doing he limits himself, and seeks to reduce his fellow-men, to the right of the naked savage, for natural right cannot extend beyond the state of nature. As Jacobinism is the repudiation of Law, Burke takes his stand upon the Law; and one of the defects of the present work is that he carries this too far. It has been said of his attitude in this work that he begins like a pettifogger and ends like a statesman. The argument of the first thirty-eight pages of this volume, by which he claims to prove that Englishmen have irrevocably bargained away their liberties for ever, is unquestionably one of the weakest passages in the whole of Burke’s writings. Hallam has proved it untenable at many points: and the refutation may, it is believed, be completely made out by reference to the notes at the end of this volume. A British statesman may, however, plead a closer relation between law and liberty than is usual in most countries, and claim to be leniently criticised for defending himself on the standpoint of the lawyer.
Men of the law were the statesmen under whom the British Constitution grew into shape. Men of the law defended it from Papal aggression, a circumstance to which Burke complacently alludes (p. 183): and one of his main ideas is the thoroughly lawyer-like one that liberty can only proceed “from precedent to precedent.” This onward progress he admitted as far as the epoch of the Revolution, but there, in a way characteristic of him, he resolved to take his stand. Magna Charta, the Petition of Right, the Bill of Rights, and the Act of Settlement, were his undoubted chain of English constitutional securities, and he declined to admit any further modification of them. So far he was in harmony with popular ideas. When he went beyond this, and declared that the Act of Settlement bound the English nation for ever, his reasoning was obviously false. The whole procedure of Burke throughout this book is, as has been observed, [xviii] avowedly that of an advocate. In his apology called the “Appeal from the New to the Old Whigs,” he states as the reason that when any one of the members of a vast and balanced whole is endangered, he is the true friend to them all who supports the part attacked, “with all the power of stating, of argument, and of colouring, which he happens to possess, and which the case demands. He is not to embarrass the minds of his hearers, or to incumber or overlay his speech, by bringing into view at once (as if he were reading an academic lecture) all that may and ought, when a just occasion presents itself, be said in favour of the other members. At that time they are out of court; there is no question concerning them. Whilst he opposes his defence on the part where the attack is made, he presumes that for his regard to the just rights of all the rest, he has credit in every candid mind.” Burke’s overstrained reverence for the Act of Settlement may be partly due to the general feeling of uncertainty which, during his own century, prevailed as to party principle. As early as Swift’s time, parties and their creeds had become thoroughly confused and undistinguishable. But Burke demanded something positive—something to which men could bind themselves by covenant. Casting a glance back upon the history of parties from Burke’s time, the Revolution is the first trustworthy landmark that we meet with. In the apology from which we have just quoted, he proclaims the speeches of the managers of the impeachment of Sacheverel, as representing those who brought about the English Revolution, to be the fountains of true constitutional doctrine. After this epoch he seems to have distrusted all political creeds. There is hardly one notable political work of the day immediately preceding him to which he makes allusion, and then only in terms of censure.
As an illustration at once of Burke’s instinctive retreat to the shelter of legal orthodoxy, and of the charm which his pen could throw over the driest statement of first principles, let us observe how he has worked up a well-known passage of a well-known legal classic.
| “The design of entering into society being the protection of our persons and security of our property, men in civil society have a right, and indeed are [xix] obliged to apply to the public for redress when they are injured; for were they allowed to be their own carvers, or to make reprisals, which they might do in a state of nature, such permission would introduce all that inconvenience which the state of nature did endure, and which government was at first invented to prevent; hence therefore they are obliged to submit to the public the measure of their damages, and to have recourse to the law and the courts of justice, which are appointed to give them redress and ease in their affairs.” (Bacon’s Abridgment, art. Actions in General.) | “One of the first motives to civil society, and which becomes one of its fundamental rules, is that no man should be judge in his own cause. By this each person has at once divested himself
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