public and private business. For prorogation puts an end to the session; and then such bills as are only begun and not perfected, must be resumed de novo (if at all) in a subsequent session: whereas, after an adjournment, all things continue in the same state as at the time of the adjournment made, and may be proceeded on without any fresh commencement.

A PROROGATION is the continuance of the parliament from one session to another, as an adjourn [187] ment is the continuation of the session from day to day. This is done by the royal authority, expressed either by the lord chancellor in his majesty's presence, or by commission from the crown, or frequently by proclamation (62). Both houses are necessarily prorogued at the same time; it not being a prorogation of the house of lords, or commons, but of the parliament. The session is never understood to be at an end until a prorogation: though, unless some act be passed or some judgment given in parliament, it is in truth no session at alle (63). And

e 4 Inst. 28. Hale of parl. 38. Hut. 61.

(62) At the beginning of a new parliament, when it is not intended that the parliament should meet at the return of the writ of summons for the despatch of business, the practice is, to prorogue it by a writ of prorogation, as the parliament in 1790 was prorogued twice by writ; Comm. Fourn. 26th Nov. 1790; and the first parliament in this reign was prorogued by four writs. Ib. 3 Nov. 1761. On the day upon which the writ of summons is returnable, the members of the house of com. mons 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. Ib. And when it is intended that they should meet upon the day to which the parliament is prorogued for despatch of business, notice is given by a proclamation.

(63) Mr. Hatsell mentions one great inconvenience which, he apprehends, might arise from this rule: The 6 Ann. c. 7, s. 6. provides, that upon the death of the king, if there is no parliament in being that has met and sat, then the last preceding parliament shall immediately convene and sit, as if the said parliament had never been dissolved. He says, the construction of the words has met and sat, has always been understood to be a parliament of which a session has been held. 33

VOL. I

formerly the usage was, for the king to give the royal assent to all such bills as he approved, at the end of every session, and then to prorogue the parliament; though sometimes only for a day or twof; after which all business then depending in the houses was to be begun again. Which custom obtained so strongly, that it once became a questions, whether giving the royal assent to a single bill did not of course put an end to the session. And, though it was then resolved in the negative, yet the notion was so deeply rooted, that the statute 1 Car. I. c. 7. g Ibid. 21 Nov. 1554.

f Com. journ. 21 Oct. 1553.

The

(2 Hats. 219.) This is a construction to which I cannot accede. word session has a legal and technical signification; we know its properties and consequences, but there is no reason that we should annex them all to the popular word sit. The object of the statute was probably this, viz. if the king should die after the issuing the writs for a new parliament during a general election, that the kingdom should not continue in a state of ferment and confusion, but that the old parliament should immediately revive and convene. It never could be the intention of the legislature, that, after the members of a new parliament had qualified themselves, and had been sitting perhaps for many weeks, this parliament upon the death of the king should be sent home, and the members of the old parliament should be collected, merely because the new parliament had not passed a bill. I conceive it would be sufficient to satisfy the provision of this statute, that such a number of members had met, and had taken the oaths, as to actually constitute a house in each house of parliament. To sit in this case must be equivalent to take their seats, which is its signification in the same sentence, viz. to convene and sit, otherwise the new king would be compelled to make a session, by assenting to a bill before he prorogued or dissolved them. But to guard against any inconvenience, which might eventually arise from the uncertainty of these words, that part of the statute 6 Ann. c. 7. is repeated by the 37 Geo. III. c. 127. which enacts, that in case of the demise of his majesty between the dissolution of the parliament. and the day appointed by the writs of summons, then the last preceding parliament shall immediately convene and sit, and continue for six months unless sooner prorogued or dissolved by the new king; but if the king dies on the day appointed for assembling the new parliament, or at any time after such day, and before such new parliament shall have met and sat, then the new parliament in like manner shall meet and sit for the space of six months, unless sooner prorogued or dissolved

was passed to declare, that the king's assent to that and some other acts should not put an end to the session; and, even so late as the reign of Charles II, we find a proviso frequently tacked to a bill, that his majesty's assent thereto should not determine the session of parliament. But it now seems to be allowed, that a prorogation must be expressly made, in order to determine the session. And, if at the time of an actual rebellion, or imminent danger of invasion, the parliament shall be separated by adjournment or prorogation, the king is empowered to call them together by proclamation, with fourteen days notice of the time appointed for their reassembling (64.)

h Stat, 12 Car. II. c. 1. 22 and 23 Car. II. c. 1.

i Stat. 30 Geo. II. c. 25.

(64) This was provided by a clause in several militia acts, but that provision is materially altered by the 26 Geo. III. c. 107. It has been held that after a prorogation, except under the circumstances and in the manner described in that statute, the king cannot summon a parliament before the day to which it was last prorogued. And it is understood, that when a parliament is prorogued to a certain day, they do not meet on that day, unless it be particularly declared by the proclamation that gives notice of the prorogation, that they shall meet for the despatch of business; and when it has not been prorogued by such a proclamation, and it is intended that parliament shall actually sit, it is the established practice to issue a proclamation to give notice that it is for the despatch of business; and this proclamation, unless upon some urgent occasion, bears date at least forty days before the meeting. (2 Hats. 239.) But by 26 Geo. III. c. 107. s. 95. in all cases of actual invasion or imminent danger of it, and in cases of rebellion or insurrection, the king having first communicated the occasion to parliament, if sitting, and if no parliament be sitting, having notified the occasion by proclamation, may order the militia to be called out and embodied. And whenever this is done, if the parliament be adjourned or pro. rogued, he shall convene them within fourteen days.

Pursuant to this statute the parliament met on the 13th Dec. 1792; but now in all cases it is enacted by the 37 Geo. III. c. 127. that whenever his majesty is pleased to issue his proclamation, giving notice of his intention that parliament shall meet for the despatch of business on any day not less than fourteen days from the date of the proclamation,

A DISSOLUTION is the civil death of the parliament; and this may be effected three ways: 1. By the king's will, expressed either in person or by representation. For, as the king has the sole right of convening the parliament, so also it is a branch of the royal prerogative, that he may (whenever he pleases) prorogue the parliament for a time, or put a final period to its existence. If nothing had a right to prorogue or dissolve a parliament but itself, it might happen to become perpetual. And this would be extremely dangerous, if at any time it should attempt to encroach upon the executive power as was fatally experienced by the unfortunate king Charles the first; who, having unadvisedly passed an act to continue the parliament then in being till such time as it should please to dissolve itself, at last fell a sacrifice to that inordinate power, which he himself had consented to give them. It is therefore extremely necessary that the crown should be empowered to regulate the duration of these assemblies, under the limitations which the English constitution has prescribed: so that, on the one hand, they may frequently and regularly come together for the despatch of business, and redress of grievances; and may not, on the other, even with the consent of the crown, be continued to an inconvenient or unconstitutional length.

2. A PARLIAMENT may be dissolved by the demise of the This dissolution formerly happened immediately

crown.

the parliament shall thereby stand prorogued to that day, notwithstanding any previous prorogation to a longer day.

By the 39 and 40 Geo. III. c. 14. in all cases where both houses of parliament shall stand adjourned for more than fourteen days, the king may issue a proclamation, declaring that the parliament shall meet on a day, being not less than fourteen days from the date of such procla mation, and the two houses of parliament shall stand adjourned to the day and place declared in such proclamation. And the orders, which shall be appointed for the day of adjournment, or for any day subsequent thereto, except such as shall be specially appointed for particular days, shall be deemed to be appointed for the day of adjournment fixed In the proclamation.

upon the death of the reigning sovereign: for he being considered in law as the head of the parliament, (caput princifium, et finis,) that failing, the whole body was held to be extinct. But, the calling a new parliament immediately on the inauguration of the successor being found inconvenient, and dangers being apprehended from having no parliament in being in case of a disputed succession, it was enacted by the statutes 7 & 8 W. III. c. 15. and 6 Ann. c. 7. that the parliament in being shall continue for six months after the death of any king or queen, unless sooner prorogued or dissolved by the successor: that, if the parliament be, at the time of the king's death, separated by adjournment or prorogation, it shall notwithstanding assemble immediately; and that, if no parliament is then in being, the members of the last parliament shall assemble, and be again a parliament.

3. LASTLY, a parliament may be dissolved or [189] expire by length of time. For if either the legislative body were perpetual; or might last for the life of the prince who convened them, as formerly; and were so to be supplied, by occasionally filling the vacancies with new representatives; in these cases, if it where once corrupted, the evil would be past all remedy: but when different bodies succeed each other, if the people see cause to disapprove of the present, they may rectify its faults in the next. A legislative assembly also, which is sure to be separated again, (whereby, its members will themselves become private men, and subject to the full extent of the laws which they have enacted for others,) will think themselves bound, in interest as well as duty, to make only such laws as are good. The utmost extent of time that the same parliament was allowed to sit, by the statute 6 W. & M. c. 2. was three years; after the expiration of which, reckoning from the return of the first summons, the parliament was to have no longer continuance. But by the statute 1 Geo. I. st. 2. c. 38. (in order, professedly, to prevent the great and continued expenses of frequent elections, and the violent heats and animosities consequent there