The Portable Edmund Burke (Portable Library) (20 page)

But as perfectly beautiful bodies are not composed of angular parts, so their parts never continue long in the same right line. They vary their direction every moment, and they change under the eye by a deviation continually carrying on, but for whose beginning or end you will find it difficult to ascertain a point. The view of a beautiful bird will illustrate this observation. Here we see the head increasing insensibly to the middle, from whence it lessens gradually until it mixes with the neck; the neck loses itself in a larger swell, which continues to the middle of the body, when the whole decreases again to the tail; the tail takes a new direction; but it soon varies its new course: it blends again with the other parts; and the line is perpetually changing, above, below, upon every side. In this description I have before me the idea of a dove; it agrees very well with most of the conditions of beauty. It is smooth and downy; its parts are (to use that expression) melted into one another; you are presented with no sudden protuberance through the whole, and yet the whole is continually changing. Observe that part of a beautiful woman where she is perhaps the most beautiful, about the neck and breasts; the smoothness; the softness; the easy and insensible swell; the variety of the surface, which is never for the smallest space the same; the deceitful maze, through which the unsteady eye slides giddily, without knowing where to fix or whither it is carried. Is not this a demonstration of that change of surface, continual, and yet hardly perceptible at any point, which forms one of the great constituents of beauty? It gives me no small pleasure to find that I can strengthen my theory in this point, by the opinion of the very ingenious Mr. Hogarth; whose idea of the line of beauty I take in general to be extremely just. But the idea of variation, without attending so accurately to the
manner
of the variation, has led him to consider angular figures as beautiful: these figures, it is true, vary greatly; yet they vary in a sudden and broken manner; and I do not find any natural object which is angular, and at the same time beautiful. Indeed few natural objects are entirely angular. But I think those which approach the most nearly to it are the ugliest. I must add too, that, so far as I could observe of nature, though the varied line is that alone in which complete beauty is found, yet there is no particular line which is always found in the most completely beautiful, and which is therefore beautiful in preference to all other lines. At least I never could observe it....

An air of robustness and strength is very prejudicial to beauty. An appearance of delicacy, and even of fragility, is almost essential to it. Whoever examines the vegetable or animal creation will find this observation to be founded in nature. It is not the oak, the ash, or the elm, or any of the robust trees of the forest, which we consider as beautiful: they are awful and majestic; they inspire a sort of reverence. It is the delicate myrtle, it is the orange, it is the almond, it is the jasmine, it is the vine, which we look on as vegetable beauties. It is the flowery species, so remarkable for its weakness and momentary duration, that gives us the liveliest idea of beauty and elegance. Among animals, the greyhound is more beautiful than the mastiff; and the delicacy of a gennet, a barb, or an Arabian horse, is much more amiable than the strength and stability of some horses of war or carriage. I need here say little of the fair sex, where I believe the point will be easily allowed me. The beauty of women is considerably owing to their weakness or delicacy, and is even enhanced by their timidity, a quality of mind analogous to it. I would not here be understood to say, that weakness betraying very bad health has any share in beauty; but the ill effect of this is not because it is weakness, but because the ill state of health, which produces such weakness, alters the other conditions of beauty; the parts in such a case collapse; the bright colour, the
lumen purpureum juventœ,
is gone; and the fine variation is lost in wrinkles, sudden breaks, and right lines....

As to the colours usually found in beautiful bodies, it may be somewhat difficult to ascertain them, because, in the several parts of nature, there is an infinite variety. However, even in this variety, we may mark out something on which to settle. First, the colours of beautiful bodies must not be dusky or muddy, but clean and fair. Secondly, they must not be of the strongest kind. Those which seem most appropriated to beauty, are the milder of every sort; light greens; soft blues; weak whites; pink reds; and violets. Thirdly, if the colours be strong and vivid, they are always diversified, and the object is never of one strong colour; there are almost always such a number of them, (as in variegated flowers,) that the strength and glare of each is considerably abated. In a fine complexion, there is not only some variety in the colouring, but the colours: neither the red nor the white are strong and glaring. Besides, they are mixed in such a manner, and with such gradations, that it is impossible to fix the bounds. On the same principle it is, that the dubious colour in the necks and tails of peacocks, and about the heads of drakes, is so very agreeable. In reality, the beauty both of shape and colouring are as nearly related, as we can well suppose it possible for things of such different natures to be....

On the whole, the qualities of beauty, as they are merely sensible qualities, are the following: First, to be comparatively small. Secondly, to be smooth. Thirdly, to have a variety in the direction of the parts; but, fourthly, to have those parts not angular, but melted as it were into each other. Fifthly, to be of a delicate frame, without any remarkable appearance of strength. Sixthly, to have its colours clear and bright, but not very strong and glaring. Seventhly, or if it should have any glaring colour, to have it diversified with others. These are, I believe, the properties on which beauty depends; properties that operate by nature, and are less liable to be altered by caprice, or confounded by a diversity of tastes, than any other....

In the late 1750s Burke set about uriting a one-volume history of England. He abandoned the project after taking it through the reign of King John. Some fifty pages of the history were published while Burke was alive, and in 1811 over three hundred pages were published with the title
Essays Toward an Abridgement of the English History.
The last chapter of the posthumously published essay, reproduced here, is entitled “Fragment—An Essay Towards an History of the Laws of England. ”

 

THERE IS SCARCE any object of curiosity more rational than the origin, the progress, and the various revolutions of human laws. Political and military relations are for the greater part accounts of the ambition and violence of mankind: this is an history of their justice. And surely there cannot be a more pleasing speculation than to trace the advances of men in an attempt to imitate the Supreme Ruler in one of the most glorious of His attributes, and to attend them in the exercise of a prerogative which it is wonderful to find intrusted to the management of so weak a being. In such an inquiry we shall, indeed, frequently see great instances of this frailty; but at the same time we shall behold such noble efforts of wisdom and equity as seem fully to justify the reasonableness of that extraordinary disposition by which men, in one form or other, have been always put under the dominion of creatures like themselves. For what can be more instructive than to search out the first obscure and scanty fountains of that jurisprudence which now waters and enriches whole nations with so abundant and copious a flood,—to observe the first principles of RIGHT springing up, involved in superstition and polluted with violence, until by length of time and favorable circumstances it has worked itself into clearness: the laws sometimes lost and trodden down in the confusion of wars and tumults, and sometimes overruled by the hand of power; then, victorious over tyranny, growing stronger, clearer, and more decisive by the violence they had suffered; enriched even by those foreign conquests which threatened their entire destruction; softened and mellowed by peace and religion; improved and exalted by commerce, by social intercourse, and that great opener of the mind, ingenuous science?

These certainly were great encouragements to the study of historical jurisprudence, particularly of our own. Nor was there a want of materials or help for such an undertaking. Yet we have had few attempts in that province. Lord Chief Justice Hale’s History of the Common Law is, I think, the only one, good or bad, which we have. But with all the deference justly due to so great a name, we may venture to assert that this performance, though not without merit, is wholly unworthy of the high reputation of its author. The sources of our English law are not well, nor indeed fairly, laid open; the ancient judicial proceedings are touched in a very slight and transient manner; and the great changes and remarkable revolutions in the law, together with their causes, down to his time, are scarcely mentioned.

Of this defect I think there were two principal causes. The first, a persuasion, hardly to be eradicated from the minds of our lawyers, that the English law has continued very much in the same state from an antiquity to which they will allow hardly any sort of bounds. The second is, that it was formed and grew up among ourselves; that it is in every respect peculiar to this island; and that, if the Roman or any foreign laws attempted to intrude into its composition, it has always had vigor enough to shake them off, and return to the purity of its primitive constitution.

These opinions are flattering to national vanity and professional narrowness; and though they involved those that supported them in the most glaring contradictions, and some absurdities even too ridiculous to mention, we have always been, and in a great measure still are, extremely tenacious of them. If these principles are admitted, the history of the law must in a great measure be deemed superfluous. For to what purpose is a history of a law of which it is impossible to trace the beginning, and which during its continuance has admitted no essential changes? Or why should we search foreign laws or histories for explanation or ornament of that which is wholly our own, and by which we are effectually distinguished from all other countries? Thus the law has been confined and drawn up into a narrow and inglorious study, and that which should be the leading science in every well-ordered commonwealth remained in all the barbarism of the rudest times, whilst every other advanced by rapid steps to the highest improvement both in solidity and elegance; insomuch that the study of our jurisprudence presented to liberal and well-educated minds, even in the best authors, hardly anything but barbarous terms, ill explained, a coarse, but not a plain expression, an indigested method, and a species of reasoning the very refuse of the schools, which deduced the spirit of the law, not from original justice or legal conformity, but from causes foreign to it and altogether whimsical. Young men were sent away with an incurable, and, if we regard the manner of handling rather than the substance, a very well-founded disgust. The famous antiquary, Spelman, though no man was better formed for the most laborious pursuits, in the beginning deserted the study of the law in despair, though he returned to it again when a more confirmed age and a strong desire of knowledge enabled him to wrestle with every difficulty.

The opinions which have drawn the law into such narrowness, as they are weakly founded, so they are very easily refuted. With regard to that species of eternity which they attribute to the English law, to say nothing of the manifest contradictions in which those involve themselves who praise it for the frequent improvements it has received, and at the same time value it for having remained without any change in all the revolutions of government, it is obvious, on the very first view of the Saxon laws, that we have entirely altered the whole frame of our jurisprudence since the Conquest. Hardly can we find in these old collections a single title which is law at this day; and one may venture to assert, without much hazard, that, if there were at present a nation governed by the Saxon laws, we should find it difficult to point out another so entirely different from everything we now see established in England.

This is a truth which requires less sagacity than candor to discover. The spirit of party, which has misled us in so many other particulars, has tended greatly to perplex us in this matter. For as the advocates for prerogative would, by a very absurd consequence drawn from the Norman Conquest, have made all our national rights and liberties to have arisen from the grants, and therefore to be revocable at the will of the sovereign, so, on the other hand, those who maintained the cause of liberty did not support it upon more solid principles. They would hear of no beginning to any of our privileges, orders, or laws, and, in order to gain them a reverence, would prove that they were as old as the nation; and to support that opinion, they put to the torture all the ancient monuments. Others, pushing things further, have offered a still greater violence to them. N. Bacon, in order to establish his republican system, has so distorted all the evidence he has produced, concealed so many things of consequence, and thrown such false colors upon the whole argument, that I know no book so likely to mislead the reader in our antiquities, if yet it retains any authority. In reality, that ancient Constitution and those Saxon laws make little or nothing for any of our modern parties, and, when fairly laid open, will be found to compose such a system as none, I believe, would think it either practicable or desirable to establish. I am sensible that nothing has been a larger theme of panegyric with all our writers on politics and history than the Anglo-Saxon government; and it is impossible not to conceive an high opinion of its laws, if we rather consider what is said of them than what they visibly are. These monuments of our pristine rudeness still subsist; and they stand out of themselves indisputable evidence to confute the popular declamations of those writers who would persuade us that the crude institutions of an unlettered people had reached a perfection which the united efforts of inquiry, experience, learning, and necessity have not been able to attain in many ages.