y. To
the same purpose the president Montesquieu, though I trust too
hastily, presages[e]; that as Rome, Sparta, and Carthage have lost
their liberty and perished, so the constitution of England will in
time lose it's liberty, will perish: it will perish, whenever the
legislative power shall become more corrupt than the executive.

[Footnote c: 4 Inst. 36.]

[Footnote d: of parliaments, 49.]

[Footnote e: Sp. L. 11. 6.]

IT must be owned that Mr Locke[f], and other theoretical writers, have
held, that "there remains still inherent in the people a supreme power
to remove or alter the legislative, when they find the legislative act
contrary to the trust reposed in them: for when such trust is abused,
it is thereby forfeited, and devolves to those who gave it." But
however just this conclusion may be in theory, we cannot adopt it, nor
argue from it, under any dispensation of government at present
actually existing. For this devolution of power, to the people at
large, includes in it a dissolution of the whole form of government
established by that people, reduces all the members to their original
state of equality, and by annihilating the sovereign power repeals all
positive laws whatsoever before enacted. No human laws will therefore
suppose a case, which at once must destroy all law, and compel men to
build afresh upon a new foundation; nor will they make provision for
so desperate an event, as must render all legal provisions
ineffectual. So long therefore as the English constitution lasts, we
may venture to affirm, that the power of parliament is absolute and
without control.

[Footnote f: on Gov. p. 2. Sec. 149, 227.]

IN order to prevent the mischiefs that might arise, by placing this
extensive authority in hands that are either incapable, or else
improper, to manage it, it is provided that no one shall sit or vote
in either house of parliament, unless he be twenty one years of age.
This is expressly declared by statute 7 & 8 W. III. c. 25. with regard
to the house of commons; though a minor was incapacitated before from
sitting in either house, by the law and custom of parliament[g]. To
prevent crude innovations in religion and government, it is enacted by
statute 30 Car. II. st. 2. and 1 Geo. I. c. 13. that no member shall
vote or sit in either house, till he hath in the presence of the house
taken the oaths of allegiance, supremacy, and abjuration, and
subscribed and repeated the declaration against transu