the indecorum of a refusal, a prorogation would assuredly follow which would often be very inconvenient to both pub- [ 187 ] lic and private business. For prorogation puts an end to the session; and then such bills as are only begun and not perfected, must be resumed de novo (if at all) in a subsequent session: whereas, after an adjournment, all things continue in the same state as at the time of the adjournment made, and may be proceeded on without any fresh commencement.

A PROROGATION is the continuance of the parliament from one session to another, as an adjournment is the 'continuation of the session from day to day. This is done by the royal authority, expressed either by the lord chancellor in his majesty's presence, or by commission from the crown, or frequently by proclamation. Both houses are necessarily prorogued at the same time; it not being a prorogation of the house of lords, or commons, but of the parliament. The session is never understood to be at an end until a prorogation; though, unless some act be passed or some judgment given in parliament, it is in truth no session at all. And formerly the usage was, for the king to give the royal assent to all such bills as he approved, at the end of every session, and then to prorogue the parliament; though sometimes only for a day or two'; after which all business then depending in the houses was to be begun again. Which custom obtained so strongly, that it once became a questions, whether giving the royal assent to a single bill did not of course put an end to the session. And, though it was then resolved in the negative, yet the notion was so deeply rooted, that the statute I Car. I. c. 7. was passed to declare, that the king's assent to that and some other acts should not put an end to the session ; and, even so late as the reign of Charles II., we find a proviso frequently tacked to a bill, that his majesty's assent thereto should not determine the session of parliament. But it now seems to be allowed, that a prorogation must be expressly made, in order

18 Dec. 1621. 11 Jul. 1625. 13 Sept, 1660. 25 Jul. 1667. 4 Aug. 1685. 24 Feb. 1691. 21 Jun. 1712. 16 Apr. 1717. 3 Feb. 1741. 10 Dec. 1745 21 May 1768.

e 4 Inst. 28. Hale of parl. 38. Hut. 61.

f Com. Journ. 21 Oct. 1553.

Ibid. 21 Nov. 1554.

h Stat. 12 Car. II. c. 1. Car. II. c.1.

22 & 23

to determine the session. And, if at the time of an actual rebellion, or imminent danger of invasion, the parliament shall [188] be separated by adjournment or prorogation, the king is empowered to call them together by proclamation, with fourteen days' notice of the time appointed for their re-assembling.(33)

A DISSOLUTION is the civil death of the parliament; and this may be effected three ways: 1. By the king's will, expressed either in person or by representation. For, as the king has the sole right of convening the parliament, so also it is a branch of the royal prerogative, that he may (whenever he pleases) prorogue the parliament for a time, or put a final period to it's existence. If nothing had a right to prorogue or dissolve a parliament but itself, it might happen to become perpetual. And this would be extremely dangerous, if at any time it should attempt to encroach upon the executive power as was fatally experienced by the unfortunate king Charles the first; who, having unadvisedly passed an act to continue the parliament then in being till such time as it should please to dissolve itself, at last fell a sacrifice to that inordinate power, which he himself had consented to give them. It is therefore extremely necessary that the crown should be empowered to regulate the duration of these assemblies, under the limitations which the English constitution has prescribed so that, on the one hand, they may frequently and regularly come together for the dispatch of business, and redress of grievances; and may not, on the other, even with the consent of the crown, be continued to an inconvenient or unconstitutional length.

2. A PARLIAMENT may be dissolved by the demise of the crown. This dissolution formerly happened immediately upon the death of the reigning sovereign: for he being considered in law as the head of the parliament, (caput, principium, et finis,) that failing, the whole body was held to be.

iStat. 30 Geo. II. c. 25.

(33) But now by the 37 G.3. c.127., and 39 & 40 G. 3. c.14., the king may at any time by proclamation declare, that parliament shall meet at the expiration of fourteen days from the date of the proclamation, to whatever period it may stand prorogued, or adjourned.

extinct. But the calling a new parliament immediately on the inauguration of the successor being found inconvenient, and dangers being apprehended from having no parliament in being in case of a disputed succession, it was enacted by the statutes 7&8 W. III. c. 15. and 6 Ann. c. 7. that the parliament in being shall continue for six months after the death of any [ 189 ] king or queen, unless sooner prorogued or dissolved by the successor : that, if the parliament be, at the time of the king's death, separated by adjournment or prorogation, it shall notwithstanding assemble immediately: and that, if no parliament is then in being, the members of the last parliament shall assemble, and be again a parliament. (34) '

3. LASTLY, a parliament may be dissolved or expire by length of time. For if either the legislative body were perpetual; or might last for the life of the prince who convened them, as formerly; and were so to be supplied, by occasionally filling the vacancies with new representatives; in these cases, if it were once corrupted, the evil would be past all remedy: but when different bodies succeed each other, if the people see cause to disapprove of the present, they may rectify it's faults in the next. A legislative assembly also, which is sure to be separated again, (whereby it's members will themselves become private men, and subject to the full extent of the laws which they have enacted for others,) will think themselves bound, in interest as well as duty, to make only such laws as are good. The utmost extent of time that the same parliament was allowed to sit, by the statute 6 W. & M.c.2. was three years; after the expiration of which, reckoning from the return of the first, summons, the parliament was to have no longer continuance. But by the statute 1 Geo. I. st. 2. c. 38. (in order, professedly, to prevent the great and continued expences of frequent elections, and the violent heats and animosities consequent thereupon, and for the peace and security of the government then just recovering from the

(54) But in case of the demise of the crown on or after the day appointed by writs of summons previously issued for assembling a new parliament, and before it shall actually have met, such new parliament shall immediately convene, and sit for six months, unless sooner prorogued or dissolved by the successor. 37 G. 3. c. 127.

late rebellion) this term was prolonged to seven years: and, what alone is an instance of the vast authority of parliament, the very same house, that was chosen for three years, enacted it's own continuance for seven. So that, as our constitution now stands, the parliament must expire, or die a natural death, at the end of every seventh year; if not sooner dissolved by the royal prerogative.

CHAPTER THE THIRD.

OF THE KING AND HIS TITLE.

THE supreme executive power of these kingdoms is vested by our laws in a single person, the king or queen; for it matters not to which sex the crown descends: but the person entitled to it, whether male or female, is immediately invested with all the ensigns, rights, and prerogatives of sovereign power; as is declared by statute 1 Mar.

st. 3. c. 1.

In discoursing of the royal rights and authority, I shall consider the king under six distinct views: 1. With regard to his title. 2. His royal family. 3. His councils. 4. His duties. 5. His prerogative. 6. His revenue. And first, with regard to his title.

THE executive power of the English nation being vested in a single person, by the general consent of the people, the evidence of which general consent is long and immemorial usage, it became necessary to the freedom and peace of the state, that a rule should be laid down, uniform, universal, and permanent; in order to mark out with precision, who is that single person, to whom are committed (in subservience to the law of the land) the care and protection of the community; and to whom, in return, the duty and allegiance of every individual are due. It is of the highest importance to the public tranquillity, and to the consciences of private men, that this rule should be clear and indisputable; and our constitution has not left us in the dark upon this material occasion. It will therefore be the endeavour of this chapter