Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/178

162 for when uch trut is abued, it is thereby forfeited, and devolves to thoe who gave it.” But however jut this concluion may be in theory, we cannot adopt it, nor argue from it, under any dipenation of government at preent actually exiting. For this devolution of power, to the people at large, includes in it a diolution of the whole form of government etablihed by that people, reduces all the members to their original tate of equality, and by annihilating the overeign power repeals all poitive laws whatoever before enacted. No human laws will therefore uppoe a cae, which at once mut detroy all law, and compel men to build afreh upon a new foundation; nor will they make proviion for o deperate an event, as mut render all legal proviions ineffectual. So long therefore as the Englih contitution lats, we may venture to affirm, that the power of parliament is abolute and without control.

order to prevent the michiefs that might arie, by placing this extenive authority in hands that are either incapable, or ele improper, to manage it, it is provided that no one hall it or vote in either houe of parliament, unles he be twenty one years of age. This is exprely declared by tatute 7 & 8 W. III. c. 25. with regard to the houe of commons; though a minor was incapacitated before from itting in either houe, by the law and cutom of parliament. To prevent crude innovations in religion and government, it is enacted by tatute 30 Car. II. t. 2. and I Geo. I. c. 13. that no member hall vote or it in either houe, till he hath in the preence of the houe taken the oaths of allegiance, upremacy, and abjuration, and ubcribed and repeated the declaration againt tranubtantiation, and invocation of aints, and the acrifice of the mas. To prevent dangers that may arie to the kingdom from foreign attachments, connexions, or dependencies, it is enacted by the 12 & 13 W. III. c. 2. that no alien, born out of the dominions of the crown of Great Britain, even though he be naturalized, hall be capable of being a member of either houe of parliament.