The House of Lords, for instance, is not
morally competent to dissolve the House of Commons; no, nor even to
dissolve itself, nor to abdicate, if it would, its portion in the
legislature of the kingdom. Though a king may abdicate for his own
person, he cannot abdicate for the monarchy. By as strong, or by a
stronger reason, the House of Commons cannot renounce its share of
authority. The engagement and pact of society, which generally goes by
the name of the constitution, forbids such invasion and such surrender.
The constituent parts of a state are obliged to hold their public faith
with each other, and with all those who derive any serious interest
under their engagements, as much as the whole state is bound to keep its
faith with separate communities. Otherwise competence and power would
soon be confounded, and no law be left but the will of a prevailing
force. On this principle the succession of the crown has always been
what it now is, an hereditary succession by law: in the old line it was
a succession by the common law; in the new by the statute law, operating
on the principles of the common law, not changing the substance, but
regulating the mode and describing the persons. Both these descriptions
of law are of the same force, and are derived from an equal authority,
emanating from the common agreement and original compact of the state,
communi sponsione reipublicae, and as such are equally binding on king
people too, as long as the terms are observed, and they continue the
same body politic.
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