Page:Prerogatives of the Crown.djvu/92

 72 Prerogative as to Parliament. [Ch. VI. met (a); and the first Parliament in this reign was prorogued four times, by four writs of prorogation (5). On the day upon which the writ of summons is returnable, the members of the House of Commons who attend, do not enter their own House or wait for a message from the Lords, but go immediately up to the House of Lords, where the Chancellor reads the writ of prorogation. And when it is intended that they should meet upon the day to which the Parliament is prorogued for dispatch of business, notice is given by a proclamation (c). His Majesty's assent to a bill during a session (d) does not end it {e) : and it seems that an express prorogation or disso- lution is necessary for this purpose (/). His Majesty is en- abled to call Parliament together at the end of fourteen days from the date of his proclamation for that purpose, notwith- standing any previous prorogation of it to a longer period {g). As the power of convening and proroguing Parliament is vested by the constitution, that is, by the common law, and by the custom of Parliament, in the King, so his Majesty possesses, on similar grounds, the power of dissolving it [h). This can only be done in the King's presence, either in person or by representation {i). The effect of the demise of the Crown on the continuance of Parliament has been already stated. With (a) Comtn. Journ. 26 Nov. 1790* satisfaction. It certainly appears that, (b) Ibid. 3 Nov. 1761. in former times, a dlssolation rn person (c) IBla. Com. 187, Christian's note. was considered an offensive act in the 1 Chalm. Coll. of Op. 234, 6. Sovereign. On the 10th of March, {d) In point of law, though a Parlia- 16'28, the day to which both Houses ment meet and debate, it is no session were adjourned, King Charles I. came unless some act be passed or judgment to the House of Lords, and withotit given by the Parliament, 4 Inst. 28. sending for the Commons, spoke as Hal. of P. 48. Hut. 61. Raym. 187. follows: * My Lords — I never came Lev. 442. 2 Keb. 529. here upon so unpleasant an occasion, (e) 4 Inst. 27. 1 Car. 1. c. 7. Comn>. it being the dissolution of a Parliament ; Journ. 21 Nov. 1554. therefore men may have some cause to (/) 1 Bla. Com. 187. wonder why I should rather not choose (g) 39 and 40 Geo. 3. c. li. to do this by commission; it being ra- {h) 1 Bla. Com. 188. ther a general maxim with Kings to (i) 4 Inst. 43. On the subject of d is- leave harsh commands to their Minis- solving Parliament in person, Mr. ters, themselves only executing pleasing Evans, in his " Parlmmentary Debates^* things.' And then, after some words, makes the following observations : directed the Lord-keeper to dissolve the dissolution of Parliament by the Prince journal is — Ipse Dominus Rex hoc prce- Regent in person was ungracious, and snts Parliamenfmn dissolvit. On the that it was intended as a maik of dis- 28th of March, 1681, King Charles H. • suddenly
 * ' Some Gentlemen thought that the Parliament. The entry on the Lords*