Page:Prerogatives of the Crown.djvu/91

 Ch.VL] Prerogative as to Parliament 71 spect of some mfirmity, or his being engaged in other urgent affairs {a). The two Houses, respectively, possess the exclusive power of adjourning themselves, nor can the King exercise it ; and an adjournment of one House is not, ipso facto, an adjourn- ment of the other {b). It appears, however, to have been usual, when the King has signified his pleasure that both or either of the Houses should adjourn themselves to a certain day, to obey the King's pleasure so signified, and to adjourn accordingly. Otherwise, besides the indecorum of a refusal, a prorogation would assuredly follow ; which, as it terminates the session (c), would occasion great inconvenience to public and private business {d). An adjournment may be made by the Houses not only from day to day, but for a fortnight, or a longer period, as is usually done at Christmas or Easter, or upon other particular occasions {e) ; but the King may, by proclamation, call them together at the end of fourteen days from the date thereof, notwithstanding any previous adjourn- ment to a longer and more distant day (f), A prorogation, which, as we have just remarked, puts an end to the session, and may be termed a continuation of Parliament from one session to another, can, however, be legally effected only by the authority of the King, expressed either by the Lord Chancellor in his Majesty's presence, or by commission from the Crown, or frequently by Proclamation (g). As the obligation of the members to attend arises from writs under the great seal, their discharge from liability to assemble must also flow from the same seal {h). It seems clear, notwithstand- ing the opinion of Lord Coke {i) to the contrary, that a proro- gation of one House necessarily and tacitly operates as a prorogation of the other (Jc). This prorogation may be legally made even at the return of the writ, and before the meeting of Parliament (/). Thus the Parliament after the general elec- tion in the year 1 790 was prorogued twice by writ, before it (a) 4 Inst. 6. {h) 1 Chalm. Coll. Op. 234, 236. {Jb) Ibid. 27, 28. {{) 4 Inst. 28. (c) Ibid. 27. {k) Sir R. Atkins's Argument, 51. (rf) II)id. 28. 1 Bla.Com. 186. cited 2 Bac. Ab. 131, title Court of (e) Ibid. Parliament, F. 1 Bla. Com. 187, (/) 39 and 40 Geo. 3. c. 14. (/) 4 Inst. 7. 1 Chalmers, ubi supra. (g) 1 Bla. Com. 187. met;