fall into total oblivion, unless it be reserved as a solemn memento to remind us that our liberties are mortal, having once been destroyed by a foreign force. If the king consents to a [185] public bill, the clerk usually declares, “le roy le veut, the 66 king wills it so to be;" if to a private bill," soit fait comme "il est desiré, be it as it is desired." If the king refuses his assent, it is in the gentle language of "le roy s'avisera, the "king will advise upon it." When a bill of supply is passed, it is carried up and presented to the king by the speaker of the house of commons; and the royal assent is thus expressed, "le roy remercie ses loyal subjects, accepte leur benevolence, et "aussi le veut, the king thanks his loyal subjects, accepts their "benevolence, and wills it so to be." In case of an act of grace, which originally proceeds from the crown, and has the royal assent in the first stage of it, the clerk of the parliament thus pronounces the gratitude of the subject; "les prelats, "seigneurs, et commons, en ce present parliament assemblées, au 66 nom de touts vous autres subjects, remercient tres humblement " votre majesté, et prient a Dieu vous donner en santé bone vie "et longue; the prelates, lords, and commons, in this present "parliament assembled, in the name of all your other sub"jects, most humbly thank your majesty, and pray to God "to grant you in health and wealth long to live"." 2. By the statute 33 Hen. VIII. c. 21. the king may give his assent by letters patent under his great seal, signed with his hand, and notified in his absence to both houses assembled together in the high house. And, when the bill has received the royal assent in either of these ways, it is then, and not before, a statute or act of parliament. THIS statute or act is placed among the records of the kingdom; there needing no formal promulgation to give it the force of a law, as was necessary by the civil law with regard to the emperor's edicts; because every man in England is, in judgment of law, party to the making of an act of parliament, being present thereat by his representatives. However, a copy thereof is usually printed at the king's press for the information of the whole land. And formerly, before the invention of printing, it was used to be published by the y Rot. Parl. 9 Hen. IV. in Pryn. 4 Inst. 28. 29. D'ewes's Journ. 35. sheriff of every county; the king's writ being sent to him at the end of every session, together with a transcript of all the [186] acts made at that session, commanding him, "ut statuta illa, "et omnes articulos in eisdem contentos, in singulis locis ubi expe"dire viderit, publicè proclamari, et firmiter teneri et observari faciat." And the usage was to proclaim them at his county court, and there to keep them, that whoever would, might read or take copies thereof; which custom continued till the reign of Henry the seventh. AN act of parliament, thus made, is the exercise of the highest authority that this kingdom acknowledges upon earth. It hath power to bind every subject in the land, and the dominions thereunto belonging; nay, even the king himself, if particularly named therein. And it cannot be altered, amended, dispensed with, suspended, or repealed, but in the same forms and by the same authority of parliament: for it is a maxim in law, that it requires the same strength to dissolve as to create an obligation. It is true it was formerly held that the king might in many cases dispense with penal statutes: but now by statute 1 W. & M. st. 2. c. 2. it is declared, that the suspending or dispensing with laws by regal authority, without consent of parliament, is illegal. VII. THERE remains only, in the seventh and last place, to add a word or two concerning the manner in which parliaments may be adjourned, prorogued, or dissolved. AN adjournment is no more than a continuance of the session from one day to another, as the word itself signifies: and this is done by the authority of each house separately every day; and sometimes for a fortnight or a month together, as at Christmas or Easter, or upon other particular occasions. But the adjournment of one house is no adjournment of the ther. It hath also been usual, when his majesty hath signihad his pleasure that both or either of the houses should adjourn themselves to a certain day, to obey the king's pleasure signified, and to adjourn accordingly. Otherwise, besides ** Just 41. 4 Inst. 26. * Punch 1. ky, 4. Bacon. Elem. 619 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 1 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. f Com. Journ. 21 Oct. 1553. 22 & 23 Car. II. c. 1. 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 59 & 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. |