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Yonge, Charles Duke, 1812-1891

"The Constitutional History of England from 1760 to 1860"


At the same time it is fair to remark, that the argument which on a
recent occasion was so strongly pressed by the champions of the Church,
that it was beyond the power of Parliament to repeal what was here
declared to be "an essential and fundamental article and condition of
the Union," is untenable, on every consideration of the power of
Parliament, and, indeed, of common-sense; since it would be an
intolerable evil, and one productive of the worst consequences, if the
doctrine were admitted that any Parliament could make an unchangeable
law and bind its successors forever; and, moreover, since the very words
of this article do clearly imply the power of Parliament over the
Church, the power asserted, to "make some provision for the permanence
of its prosperity," clearly involving a power to make provisions of an
opposite character. The expediency or impolicy, the propriety or
unrighteousness, of a measure must always depend on the merits of the
question itself at the time, and not on the judgment or intentions of
legislators of an earlier generation. And advocates weaken instead of
strengthening their case when they put forward arguments which, however
plausible or acceptable to their own partisans, are, nevertheless,
capable of refutation.
The next article related to a question of paramount practical
importance, and of special interest, since, as has been seen before,
there was no subject on which the past legislation of the English
Parliament had been so discreditable.


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