FREE BOOKS

Author's List




PREV.   NEXT  
|<   81   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   105  
106   107   108   109   110   111   112   113   114   115   116   117   118   119   120   121   122   123   124   125   126   127   128   129   130   >>   >|  
Henry were impliedly and virtually revived[n]. [Footnote n: 4 Inst. 325.] 9. ACTS of parliament derogatory from the power of subsequent parliaments bind not. So the statute 11 Hen. VII. c. 1. which directs, that no person for assisting a king _de facto_ shall be attainted of treason by act of parliament or otherwise, is held to be good only as to common prosecutions for high treason; but will not restrain or clog any parliamentary attainder[o]. Because the legislature, being in truth the sovereign power, is always of equal, always of absolute authority: it acknowleges no superior upon earth, which the prior legislature must have been, if it's ordinances could bind the present parliament. And upon the same principle Cicero, in his letters to Atticus, treats with a proper contempt these restraining clauses which endeavour to tie up the hands of succeeding legislatures. "When you repeal the law itself, says he, you at the same time repeal the prohibitory clause, which guards against such repeal[p]." [Footnote o: 4 Inst. 43.] [Footnote p: _Cum lex abrogatur, illud ipsum abrogatur, quo non eam abrogari oporteat._ _l._ 3. _ep._ 23.] 10. LASTLY, acts of parliament that are impossible to be performed are of no validity; and if there arise out of them collaterally any absurd consequences, manifestly contradictory to common reason, they are, with regard to those collateral consequences, void. I lay down the rule with these restrictions; though I know it is generally laid down more largely, that acts of parliament contrary to reason are void. But if the parliament will positively enact a thing to be done which is unreasonable, I know of no power that can control it: and the examples usually alleged in support of this sense of the rule do none of them prove, that where the main object of a statute is unreasonable the judges are at liberty to reject it; for that were to set the judicial power above that of the legislature, which would be subversive of all government. But where some collateral matter arises out of the general words, and happens to be unreasonable; there the judges are in decency to conclude that this consequence was not foreseen by the parliament, and therefore they are at liberty to expound the statute by equity, and only _quoad hoc_ disregard it. Thus if an act of parliament gives a man power to try all causes, that arise within his manor of Dale; yet, if a cause should arise in which he himself is part
PREV.   NEXT  
|<   81   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   105  
106   107   108   109   110   111   112   113   114   115   116   117   118   119   120   121   122   123   124   125   126   127   128   129   130   >>   >|  



Top keywords:

parliament

 

legislature

 

statute

 
repeal
 

unreasonable

 

Footnote

 

liberty

 

judges

 
reason
 

consequences


abrogatur

 
collateral
 

treason

 
common
 

positively

 

largely

 

contrary

 
revived
 

support

 

alleged


control

 
examples
 

generally

 

contradictory

 

parliaments

 

subsequent

 
regard
 

manifestly

 
collaterally
 

absurd


restrictions

 

derogatory

 

virtually

 

expound

 
equity
 
foreseen
 
conclude
 

consequence

 

disregard

 

decency


reject

 

judicial

 
impliedly
 

object

 

arises

 

general

 
matter
 

subversive

 

government

 

performed