Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/106

90 ubtance uch that both may tand together, here the latter does not repeal the former, but they hall both have a concurrent efficacy. If by a former law an offence be indictable at the quarter eions, and a latter law makes the ame offence indictable at the aies; here the juridiction of the eions is not taken away, but both have a concurrent juridiction, and the offender may be proecuted at either; unles the new tatute ubjoins expres negative words, as, that the offence hall be indictable at the aies, and not elewhere.

8.&ensp; a tatute, that repeals another, is itelf repealed afterwards, the firt tatute is hereby revived, without any formal words for that purpoe. So when the tatutes of 26 and 35 Hen. VIII, declaring the king to be the upreme head of the church, were repealed by a tatute 1 & 2 Philip and Mary, and this latter tatute was afterwards repealed by an act of 1 Eliz. there needed not any expres words of revival in queen Elizabeth’s tatute, but thee acts of king Henry were impliedly and virtually revived.

9.&ensp; of parliament derogatory from the power of ubequent parliaments bind not. So the tatute 11 Hen. VII. c. 1. which directs, that no peron for aiting a king de facto hall be attainted of treaon by act of parliament or otherwie, is held to be good only as to common proecutions for high treaon; but will not retrain or clog any parliamentary attainder. Becaue the legilature, being in truth the overeign power, is always of equal, always of abolute authority: it acknowleges no uperior upon earth, which the prior legilature mut have been, if it’s ordinances could bind the preent parliament. And upon the ame principle Cicero, in his letters to Atticus, treats with a proper contempt thee retraining claues which endeavour to tie up the hands of ucceeding legilatures. “When you repeal the law it- “elf,