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27)
Construction
The 9th Rule is, that "Acts of Parliament derogatory
from the power of subsequent Parliaments bind
not. This is the same rule we had before[a], [only]
in other words: at least a rule so nearly the same
with it, that it very well might with much more property have stood with in the
same sentence with it, than what we saw.
"So continues our Author the Statute which 11 Hen. 7. c. 1. which directs,
"that no person for assisting a King de facto shall
"be associated attainted of Treason by Act of Parliament
"or otherwise is held to be good only to as to common
"prosecutions for High Treason; but will
"not restrain or clog any Parliamentary attainder.
"Because the Legislature, being in truth the
"sovereign power, is always of equal, always of
"absolute authority: it acknowledges no superior
"upon earth" (not even dead men who have quitted
it) "which the prior Legislature must have
"been, of 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
Identifier: | JB/028/110/003 "JB/" can not be assigned to a declared number type with value 28.
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028 |
comment on the commentaries |
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110 |
construction |
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003 |
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text sheet |
4 |
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recto |
f25 / b26 / f27 / b28 |
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jeremy bentham |
[[watermarks::[gr with crown motif] propatria [britannia motif]]] |
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9375 |
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