- That the aflembly exercifes a power of determining the quorum of their own body which may legiflate for us. After the eflabUfhment of the new form they adhered to the Lex majoris partisy founded in* common law as well as common right.
It is thet natural law of every aflembly of men, whofe numbers are not fixed by any other law. They continued for fome- time to require the prefence of a majority of their whole number, to pafs an aft.
But the Britilh parliament fixes its own quorum : our former aflembUes fixed their own quorum : and one precedent in favour of power is ftronger than an hundred againft it. The houfe of delegates there- fore havej lately voted that, during the prefent dangerous invafion, forty members fliall be a houfe to proceed to bufinefs. They have been moved to this by the fear of not being able to coUeft a houfe. But * Bio. abr. Corporations, 31. 34. Hakewel!, 93.
f Puff. Off. horn. 1. 2, c. 6. §. J2. X June 4. i 781, this danger could not authorife them to call that a houfe which was none: and if they may fix it one number, they may at another, till it lofes its fundamental charafter of being a reprefentative body.
As this vote expires with the prefent inva- fion, it is probable the former rule will be permitted to revive: becaufe at prefent no ill is meant. The power however of fixing their own quorum has been avowed, and a precedent fet. From forty it may be reduced to four, and from four to one from a houfe to a committee from a com- mittee to a chairman or fpeaker, and thus an oligarchy or monarchy be fubftituted under forms fuppofed to be regular, 'Om- nia mala exempla ex bonis orta funt : fed ubi imperium ad ignaros aut minus bonos pervenit, novum illud