Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/167

Ch. 2. is true, that by a tatute, 16 Car. I. c. 1. it was enacted, that if the king neglected to call a parliament for three years, the peers might aemble and iue out writs for the chooing one; and, in cae of neglect of the peers, the contituents might meet and elect one themelves. But this, if ever put in practice, would have been liable to all the inconveniences I have jut now tated; and the act itelf was eteemed o highly detrimental and injurious to the royal prerogative, that it was repealed by tatute 16 Car. II. c. 1. From thence therefore no precedent can be drawn. is alo true, that the convention-parliament, which retored king Charles the econd, met above a month before his return; the lords by their own authority, and the commons in puruance of writs iued in the name of the keepers of the liberty of England by authority of parliament: and that the aid parliament at till the twenty ninth of December, full even months after the retoration; and enacted many laws, everal of which are till in force. But this was for the neceity of the thing, which uperedes all law; for if they had not o met, it was morally impoible that the kingdom hould have been ettled in peace. And the firt thing done after the king’s return, was to pas an act declaring this to be a good parliament, notwithtanding the defect of the king’s writs. So that, as the royal prerogative was chiefly wounded by their o meeting, and as the king himelf, who alone had a right to object, conented to wave the objection, this cannot be drawn into an example in prejudice of the rights of the crown. Beides we hould alo remember, that it was at that time a great doubt among the lawyers, whether even this healing act made it a good parliament; and held by very many in the negative: though it eems to have been too nice a cruple. And yet, out of abundant caution, it was thought neceary to confirm it’s acts in the next parliament, by tatute 13 Car. II. c. 7, & c. 14.