determine the feffion of parliament. But it now seems to be allowed, that a prorogation must be exprefsly made, in order to determine the feffion. And, if at the time of an actual rebellion, or imminent danger of invafion, the parliament shall be feparated by adjournment or prorogation, the king is empowered to call them together by proclamation, with fourteen days notice of the time appointed for their reaffembling (64). iStat. 30 Geo. II. c. 25.

(64) This was provided by a clause in feveral militia acts, but that provifion is materially altered by the 26 Geo. III. c. 107. It has been held that after a prorogation, except under the circumftances and in the manner defcribed in that flatute, the king cannot fummon a parliament before the day to which it was laft prorogued. And it is understood, that when a parliament is prorogued to a certain day, they do not meet on that day, unlefs it be particularly declared by the proclamation that gives notice of the prorogation, that they shall meet for the difpatch of bufinefs; and when it has not been prorogued by fuch a proclamation, and it is intended. that parliament fhall actually fit, it is the established practice to iffue a proclamation to give notice that it is for the dispatch of bufinefs; and this proclamation, unless upon fome urgent occafion, bears date at least forty days before the meeting. (2 Hatf. 239.) But by 26 Geo. III. c. 107. f. 95. in all cafes of actual invasion or imminent danger of it, and in cafes of rebellion or infurrection, the king having firft communicated the occafion to parliament, if fitting, and if no parliament be fitting, having notified the occafion by proclamation, may order the militia to be called out and embodied. And whenever this is done, if the parliament be adjourned or prorogued, he fhall convene them within fourteen days.

Pursuant to this statute the parliament met on the 13th Dec, 1792; but now in all cafes it is enacted by the 37 Geo. III, c. 127. that whenever his majefty is pleased to iffue his proclama-, tion, giving notice of his intention that parliament shall meet for the difpatch of bufinefs on any day not lefs than fourteen days from the date of the proclamation, the parliament sball thereby ftand prorogued to that day, notwithstanding any previous prorogation to a longer day.

By the 39 and 40 Geo. III. c. 14. in all cafes where both houfes of parliament shall stand adjourned for more than fourteen

day

A DISSOLUTION is the civil death of the parliament; and this may be effected three ways: 1. By the king's will, expreffed either in perfon or by representation. For, as the king has the fole right of convening the parliament, so alfo 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 diffolve a parliament but itfelf, 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 firft; who, having unadvifedly past an act to continue the parliament then in being till fuch time as it should please to diffolve itself, at last fell a facrifice to that inordinate power, which he himself had confented to give them. It is therefore extremely neceffary that the crown fhould be empowered to regulate the duration of these assemblies, under the limitations which the English constitution has prescribed: fo 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 (65).

2. A PARLIAMENT may be diffolved by the demife of the This diffolution formerly happened immediately upon the death of the reigning fovereign: for he being con

crown.

days, the king may iffue a proclamation, declaring that the parlia ment shall meet on a day, being not less than fourteen days from the date of fuch proclamation, and the two houfes of parliament shall stand adjourned to the day and place declared in fuch proclamation. And the orders, which fhall be appointed for the day of adjournment, or for any day fubfequent thereto, except fuch as fhall be specially appointed for particular days, fhall be deemed to be appointed for the day of adjournment fixed in the proclamation.

(65) A parliament may be diffolved by proclamation, as it was during the recess in 1806.

fidered

fidered in law as the head of the parliament, (caput principium, et finis,) that failing, the whole body was held to be extinct. But, the calling a new parliament immediately on the inauguration of the fucceffor being found inconvenient, and dangers being apprehended from having no parliament in being in case of a difputed fucceffion, it was enacted by the ftatutes 7 & 8 W. III. c. 15. and 6 Ann. c. 7. that the parliament in being fhall continue for fix months after the death of any king or queen, unless fooner prorogued or diffolved by the fucceffor: that, if the parliament be, at the time of the king's death, separated by adjournment or prorogation, it shall notwithstanding affemble immediately: and that, if no parliament is then in being, the members of the last parliament fhall affemble, and be again a parliament.

[189] 3. LASTLY, a parliament may be diffolved or expire by length of time. For if either the legislative body were perpetual; or might laft for the life of the prince who convened them, as formerly; and were fo to be fupplied, by occafionally filling the vacancies with new reprefentatives; in these cafes, if it were once corrupted, the evil would be past all remedy: but when different bodies fucceed each other, if the people fee caufe to disapprove of the prefent, they may rectify it's faults in the next. A legislative affembly alfo, which is fure 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 intereft as well as duty, to make only fuch laws as are good. The utmost extent of time that the fame parliament was allowed to fit, 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 ftatute 1 Geo. I. ft. 2. c. 38. (in order, profeffedly, to prevent the great and continued expences of frequent elections, and the violent heats and animofities confequent thereupon, and for the peace and fecurity of the government then just recovering from the late rebellion) this term was prolonged to seven

years:

years and, what alone is an inftance of the vaft authority of parliament, the very fame houfe, that was chosen for three years, enacted it's own continuance for seven (65). So that, as our conftitution now ftands, the parliament must expire, or die a natural death, at the end of every seventh year; if not fooner diffolved by the royal prerogative.

(66) This has been thought by many an unconstitutional exertion of their authority; and the reafon given is, that those who had a power delegated to them for three years only, could have no right to extend that term to seven years. But this has always appeared to me to be a fallacious mode of confidering the subject. Before the triennial act, 6 W. & M. the duration of parliament was only limited by the pleasure or death of the king; and it never can be supposed that the next, or any fucceeding parliament, had not the power of repealing the triennial act; and if that had been done, then, as before, they might have fat seventeen or seventy years. It is certainly true, that the fimple repeal of a former sta tute would have extended their continuance much beyond what was done by the feptennial act.

CHAPTER THE THIRD.

OF THE KING, AND HIS TITLE.

THE

HE fupreme executive power of thefe kingdoms is vested by our laws in a fingle perfón, the king or queen: for it matters not to which fex the crown defcends ; but the perfon entitled to it, whether male or female, is immediately invested with all the enfigns, rights, and prerogatives of fovereign power; as is declared by ftatute 1 Mar. ft. 3. c. 1.

In difcourfing of the royal rights and authority, I fhall confider the king under fix diftinct 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 fingle perfon, by the general confent of the people, the evidence of which general confent is long and immemorial ufage, it became neceffary to the freedom and peace of the ftate, that a rule fhould be laid down, uniform, universal, and permanent; in order to mark out with precision, whe is that fingle perfon, to whom are committed (in fubfervience 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 confciences

of