Selections from the Speeches and Writings of Edmund Burke [217]
so great a share in the beauty of the animal creation, as it did not fall so easily under the foregoing heads, though in fact it is reducible to the same principles. I think then, that the beauty of the eye consists, first, in its CLEARNESS; what COLOURED eye shall please most, depends a good deal on particular fancies; but none are pleased with an eye whose water (to use that term) is dull and muddy. We are pleased with the eye in this view, on the principle upon which we like diamonds, clear water, glass, and such-like transparent substances. Secondly, the motion of the eye contributes to its beauty, by continually shifting its direction; but a slow and languid motion is more beautiful than a brisk one; the latter is enlivening; the former lovely. Thirdly, with regard to the union of the eye with the neighbouring parts, it is to hold the same rule that is given of other beautiful ones; it is not to make a strong deviation from the line of the neighbouring parts; nor to verge into any exact geometrical figure. Besides all this, the eye affects, as it is expressive of some qualities of the mind, and its principal power generally arises from this; so that what we have just said of the physiognomy is applicable here.
ABOLITION AND USE OF PARLIAMENTS.
According to their invariable course, the framers of your constitution have begun with the outer abolition of the parliaments. These venerable bodies, like the rest of the old government, stood in need of reform, even though there should be no change made in the monarchy. They required several more alterations to adapt them to the system of a free constitution. But they had particulars in their constitution, and those not a few, which deserved approbation from the wise. They possessed one fundamental excellence,--they were independent. The most doubtful circumstance attendant on their office, that of its being vendible, contributed however to this independency of character. They held for life. Indeed they may be said to have held by inheritance. Appointed by the monarch, they were considered as nearly out of his power. The most determined exertions of that authority against them only showed their radical independence. They composed permanent bodies politic, constituted to resist arbitrary innovation; and from that corporate constitution, and from most of their forms, they were well calculated to afford both certainty and stability to the laws. They had been a safe asylum to secure these laws, in all the revolutions of humour and opinion. They had saved that sacred deposit of the country during the reigns of arbitrary princes, and the struggles of arbitrary factions. They kept alive the memory and record of the constitution. They were the great security to private property; which might be said (when personal liberty had no existence) to be, in fact, as well guarded in France as in any other country. Whatever is supreme in a state, ought to have, as much as possible, its judicial authority so constituted as not only not to depend upon it, but in some sort to balance it. It ought to give a security to its justice against its power. It ought to make its judicature, as it were, something exterior to the state. These parliaments had furnished, not the best certainly, but some considerable corrective to the excesses and vices of the monarchy. Such an independent judicature was ten times more necessary when a democracy became the absolute power of the country. In that constitution, elective, temporary, local judges, such as you have contrived, exercising their dependent functions in a narrow society, must be the worst of all tribunals. In them it will be vain to look for any appearance of justice towards strangers, towards the obnoxious rich, towards the minority of routed parties, towards all those who in the election have supported unsuccessful candidates. It will be impossible to keep the new tribunals clear of the worst spirit of faction. All contrivances by ballot we know experimentally to be vain and childish to prevent a discovery of inclinations. Where they may the best
ABOLITION AND USE OF PARLIAMENTS.
According to their invariable course, the framers of your constitution have begun with the outer abolition of the parliaments. These venerable bodies, like the rest of the old government, stood in need of reform, even though there should be no change made in the monarchy. They required several more alterations to adapt them to the system of a free constitution. But they had particulars in their constitution, and those not a few, which deserved approbation from the wise. They possessed one fundamental excellence,--they were independent. The most doubtful circumstance attendant on their office, that of its being vendible, contributed however to this independency of character. They held for life. Indeed they may be said to have held by inheritance. Appointed by the monarch, they were considered as nearly out of his power. The most determined exertions of that authority against them only showed their radical independence. They composed permanent bodies politic, constituted to resist arbitrary innovation; and from that corporate constitution, and from most of their forms, they were well calculated to afford both certainty and stability to the laws. They had been a safe asylum to secure these laws, in all the revolutions of humour and opinion. They had saved that sacred deposit of the country during the reigns of arbitrary princes, and the struggles of arbitrary factions. They kept alive the memory and record of the constitution. They were the great security to private property; which might be said (when personal liberty had no existence) to be, in fact, as well guarded in France as in any other country. Whatever is supreme in a state, ought to have, as much as possible, its judicial authority so constituted as not only not to depend upon it, but in some sort to balance it. It ought to give a security to its justice against its power. It ought to make its judicature, as it were, something exterior to the state. These parliaments had furnished, not the best certainly, but some considerable corrective to the excesses and vices of the monarchy. Such an independent judicature was ten times more necessary when a democracy became the absolute power of the country. In that constitution, elective, temporary, local judges, such as you have contrived, exercising their dependent functions in a narrow society, must be the worst of all tribunals. In them it will be vain to look for any appearance of justice towards strangers, towards the obnoxious rich, towards the minority of routed parties, towards all those who in the election have supported unsuccessful candidates. It will be impossible to keep the new tribunals clear of the worst spirit of faction. All contrivances by ballot we know experimentally to be vain and childish to prevent a discovery of inclinations. Where they may the best