The distinction taken by Dr. Arnold between what was _illegal_
and what was merely _irregular_, was little marked at Athens:
both were called _illegal_, τοὺς νόμους λύειν. The rules which
the Athenian assembly, a sovereign assembly, laid down for its
own debates and decisions, were just as much _laws_ as those
which it passed for the guidance of private citizens. The English
House of Commons is not a sovereign assembly, but only a portion
of the sovereign power: accordingly, the rules which it lays down
for its debates are not _laws_, but orders of the House: a breach
of these orders, therefore, in debating any particular subject,
would not be illegal, but merely irregular or informal. The same
was the case with the French Chamber of Deputies, prior to the
revolution of February, 1848: the rules which it laid down for
its own proceedings were not laws, but simply _le réglement de la
Chambre_. It is remarkable that the present National Assembly now
sitting (March, 1849) has retained this expression, and adopted
a _réglement_ for its own business; though it is in point of
fact a sovereign assembly, and the rules which it sanctions are,
properly speaking, _laws_.
Both in this case, and in the Mitylenæan debate, I think the
Athenian prytanis committed an illegality. In the first case,
every one is glad of the illegality, because it proved the
salvation of so many Mitylenæan lives. In the second case,
the illegality was productive of practical bad consequences,
inasmuch as it seems to have brought about the immense extension
of the scale upon which the expedition was projected. But there
will occur in a few years a third incident, the condemnation
of the six generals after the battle of Arginusæ, in which the
prodigious importance of a strict observance of forms will appear
painfully and conspicuously manifest.
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