Page:Prerogatives of the Crown.djvu/94

 ^4 Prerogative as to Parliamejit. [Ch.VI. iintloiibted right to be present in the House of Lords during the debates, without going in state, or interfering in the pro- ceedings. Charles the Second, and several of his successors, frequently did so ; but from the accession of George the First to the present time, the practice has been, and perhaps wisely, discontinued {a). It seems that, in order to make a proxy, which the members of the upper House only can effectually and legally do, the King's licence is in strictness necessary [h). Though, it is said, that this is now so much a mere form that tlie licence may be presumed (c). The Speaker of the House of Lords is the Lord Chancellor, or keeper of the King's great seal, or any other person ap- pointed by the King's commission ; and if none be so appoint- ed, the House of Lords, it is said, may elect one {d). The Speaker of the House of Commons is chosen by the House; but must, it seems, be approved by the King {e). The discretionary power of assenting or dissenting to an Act of Parliament is, in England, a high and incommunicable prerogative ; though it may be communicated to the governor of a colony, with respect to acts of the colonial assembly ( /). The royal assent to a bill (which cannot be given previous to the meeting of Parliament, any more than the dissent can be effectually expressed after the session has ended) (g), is pro- claimed before the two Houses, assembled in the Lords' House, either by the King in person, or by letters patent under the great seal, signed by his Majesty, and declared and notified in his absence, to the Lords and Commons. Before the assent is given, the titles of the Acts, which have passed both Houses, are read ; whereupon, the clerk of the Parliament expresses the assent or dissent. In case of the royal assent to a public bill, the clerk usually declares, " le roy le veut ,-" to a private bill, " soitfait comme il est desire J^ If the King refuse his (a) See 1 Adolph. on Political State (c) 1 Bla. Com. 168. Christian's note, of the British Empire, 195. 24. (i) Els. ch. 5. 1 Bla. Com. 168. Seld. (rf) 1 Bla. Com. 181. 2 Mounton, Baronage, p. 1. oh. 1. And it is laid 108. down in Seld. 3 vol. 2. P. 1476. (<-) Ibid. 2 Hatsell, 154. 1 Wooddn. cited 2 Bac. Ab. 130. tit. Court of Par- 57, b9. liament E. that a lord may be sum- (/) 1 Chalm. Coll. Op. 316, ante moned with a clause that he do not ch. 3. make a proxy. (g) Ibid. 315. assent,