Page:Prerogatives of the Crown.djvu/87

 Ch.VI.] Prerogative as to Parliament. 67 CHAP. VL Of the Prerogative "with respect to the Houses of Par- liament, We have already viewed the King as a constituent part of the legislature; and it only remains for us to consider in the pre- sent chapter the various prerogatives which are more intimately connected with the two Houses of Parliament. It is in the power of the Crown to add any number of mem- bers to the House of Peers, by raising individuals to the English Peerage [a) ; but it may perhaps be doubtful whether the King has it in his power to increase the number of the members in the lower House of Parliament, by empowering an unrepresented town to elect, and send members to Par- liament. It seems clear that from the time of Edward 4?, until the reign of Charles 2, both inclusive, our Kings used fre- quently to assume and exercise this right. The last time it is known to have been exercised was in the 29 Charles 2. who gave this privilege to Newark ; and on the legality of the grant being then questioned for the first time in the House of Com- mons, it was acknowledged by a majority of 125 members to 73 [b). The reason why it is doubted at the present day is, that by the Scotch and Irish Acts of Union with England, the representatives to be sent by the two former countries to the united Parliament, are limited to a certain specified num- ber; and if the King could add to the number of the English members, the proportion would be unfair in favor of England, to the prejudice of Scotland and Ireland : consequently it is said this prerogative is abrogated (c). But it is submitted that the King cannot be deprived of a prerogative, except by the express words of a statute {d and the Acts of Union contain no provision on the subject. The argument used against this prerogative of the Crown, seems to prove too much to be (a) 1 Bla. Com. 157. 1 Wooddn. 109, b. Hargr. note 2. 2 Lord Raym. See post ch. 8. 951. Power in the Colonies in this re- {b) Commons Jourp. March 1676, 7. spect, ante ch. 3. Simeon's Law of El. 91, 97. 1 Dougl. {c) See Ibid. Pref. to Glanv. Rep. on El. 69, 70. I Bla. Com. 97, note (l) See 5 Bac. Ab. 559. title Prero- (6), Christian's edition. See Co. Lit. gative, E. 5. post, ch. .15. F 2 tenable.