1. & S.

reason for its enactment, viz. that before the passing of this act, every act of parliament in which the commencement was not directed to be from a specific time, commenced from the first day of the session in which such act was passed. The 35 Geo. 3. c. 12. Ir. also provided, that s5 Geo.5. c.12. the clerk of the parliament should write, (or cause, &c.) lr. on the roll of every act of parliament, in English words, Analogous proimmediately after the title, the day, month, and year, when visiona, the same received the royal asssent; and that all such acts should be deemed to commence from the day so written, unless another commencement should be expressly directed thereby. By the 41 Geo. 3. c.105, 1.& S. 41 Geo.3.c. 105. it shall be lawful for any one or more of the judges of Scotland, to whom any petition for any bill con- Private acts recerning lands, hereditaments, or other heritable subjects in Scotland, shall be referred by the lords spiritual and temporal in parliament assembled, and for any one or more of the judges of Ireland to whom any such petition concerning lands or other hereditaments in Ireland shall be referred, to examine upon oath all such witnesses as shall be produced before them, touching the matter of such petition and reference, and for that pur pose to administer an oath; and every such oath shall be as effectual, and every person who shall take such oath shall be punishable for any false evidence he shall give under such oath, as if said oath had been administered at the bar of the house of lords.

ferred to judges.

rogation.

XII. Next as to those statutes which respect the ad §. 12. journment, prorogation, and dissolution of parliament, Prerogative of the king in sumIt is provided by the 37 Geo. 3. c. 127. s. 1. Eng. that moning parlia whenever the king shall, with the advice of his privy ment after procouncil, issue his proclamation for the meeting of par- 37Geo.3.c.127. liament for dispatch of business, on any day not less 2. 1. Eng. than 14 days from the date of such proclamation, the same shall be sufficient notice to all persons, and the parliament shall stand prorogued to the day and place therein declared, notwithstanding any previous proro- 39 G-0.3. st. 2.

c. 14. s. 1.Eng.

gation to any longer day. And by the 39 Geo. 3. st. 2; Same provision c. 14. Eng. the like power is given to the king of short- in cases of adening the time for the meeting of parliament, in cases of journment. the adjournment thereof; which also provides (s. 2.) that

*VOL. I.

L

every

s. 2.

Provice.

Van demise of

king, parlia

tu sit for 6 months.

every order which shall have been made by either house of parliament, and appointed for the day to which such house shall have adjourned, or to any day subsequent thereto, (except any order specially appointed for particular days, and declared to be so fixed notwithstanding any meeting of parliament under this act, and except also any order made under any act of parliament,) shall be deemed to have been appointed for the day on which the parliament shall meet in pursuance of such proclamation.

The 6 Ann. c. 7. Eng. provides, (s. 4.) that parliament to continue ment shall not be dissolved by the death or demise of the crown, but shall continue, and if sitting at the time of such demise shall immediately proceed to act, notwithstanding such death, &c. for *6 months, and no added in 1Geo. longer, unless the same be sooner prorogued or dis2. c. 7. Ir. solved by such person to whom the crown shall come

6 Ann. c. 7. s. 4. Eng.

"Calendar"

according to the acts for limiting the succession; and if said parliament shall be prorogued, then it shall meet and sit on the day unto which it shall be prorogued, and continue for the residue of said 6 months, unless sooner prorogued or dissolved as aforesaid. And by s. 5. if there be a parliament in being at the death of her masit, &c. if then jesty, &c. but the same happens to be separated by adprorogued or ad- journment [for prorogation,] such parliament shall im

s. 3.

r to meet and

journed.

mediately after such demise meet, convene, and sit, and shall act notwithstanding such death or demise, for 6* months, and no longer, unless the same shall be sooner prorogued or dissolved as aforesaid. The 1 Geo. 2. c. 7. Ir. contains clauses nearly corresponding.

The 37 Geo. 3. c. 127. Eng. provides for the case of the demise of the king subsequent to the dissolution or expiration of a parliament, and before the day appointed by the writs for assembling a new parliament, and enacts (s. 3.) that in such case the last preceding parliament shall immediately convene and sit at Westminster, and be a parliament to continue for 6 months and no longer, but subject to be sooner prorogued or dissolved by the person to whom the crown shall come, according to the acts for limiting

By the 1 Geo. 2. c. 7. Ir. if parliament be separated by prorogation it may meet at such time, within 6 calendar months, and at such place, as the suc cessor to the crown shall appoint by proclamation, and may act during the residue of said 6 months unless sooner dissolved or prorogued.

S. 5.

s. 4.

Or of successore

limiting the succession to the same. By s. 5. in case of the demise of the king on the day appointed by the writs of summons for calling a new parliament, or at any time after, and before such new parliament shall have met and sat, such new parliament shall, immediately after such demise, convene and sit at Wesminster, and be a parliament to continue for 6 months, but subject to be sooner prorogued or dissolved as aforesaid; and by s. 4. in case of the demise of any such successor within the 6 months so limited (by s.3.) for the duration of the last preceding parliament, and before the same shall have been dissolved by such successor, or after the same shall have been so dissolved, and before a new parliament shall have met as hereby provided, in every such case the said last preceding parliament shall immediately convene and sit for 6 months longer, to be computed from such last mentioned demise, but subject to be sooner prorogued or dissolved by the person who shall then succeed to the crown, and so as often as any such demise shall happen before a new parliament shall have met as hereby provided. The 38 Geo. 3. c. 20. Ir. contained provisions 38Geo. 3. c. 20, in respect to the parliament of Ireland, corresponding to those of the 37 Geo. 3. c. 127. Eng.

Ir.

$13.

Duration of parliament.

c. 38. Eng.

Duration of im

XIII. The duration of parliament, which was limited to 3 years by the 6 W. & M. c. 2. Eng. is by the 1 Geo. 1. st. 2. c. 38. Eng. to have continuance for seven years, 1 Geo. 1. st. 2 from the day on which by the writ of summons it shall be appointed to meet, unless sooner dissolved by the king. The duration of the Irish parliament was limited to eight years, by the 7 Geo. 3. c. 3. Ir. The act of union, 7Geo.3.c. 3. Ir. 40 Geo. 3. c. 38. Ir. and 40 Geo. 3. c. 67. Eng. has declared that the united kingdom shall be represented in perial parlinone and the same parliament, to be styled the parliament ment not limited of the united kingdom of Great Britain and Ireland; but these acts do not contain any provision as to the duration of the imperial parliament, except as to the first parliament, which by the 4th article was to continue to st, if not sooner dissolved, as long as the then present parliament of Great Britain was to continue, &c, It seems to be an omission in the act of union, not to have provided

L 2

provided that the laws which respected the meeting and duration of the parliament of Great Britain, the penalties for not taking the oaths, the mode of passing laws, and giving the royal assent thereto, &c. should be extended to the parliament of the united kingdom, and to all the members thereof, as the laws which respected the parliament of Ireland were in these respects different. This omission does not seem to be supplied by the 8th article of the union, which provides that all laws in force at the time of the union within the respective kingdoms, shall remain as then established, subject to such alterations as circumstances may appear to the parliament of the united kingdom to require.

Title to the crown of Great Britain and Ireland.

CHAP. III.

Of the King, and his Tille.

THE historical deduction of the title to the crown of Great Britain, from which Sir William Blackstone infers its hereditary or descendible quality, subject however to the limitations of parliament, applies equally to the kingdom of Ireland; which, though a distinct dominion, and having an independent parliament of its own, was certainly subject to the kings of England as lords and kings of Ireland. It may be proper, however, to point out the several recognitions of the king's title by the parliament of Ireland. The act of faculties, 28 Hen. 8. c. 19. Ir. which abolishes the dispensing power and other usurpations of the pope, recites (s. 20.) that the king's land of Ireland is his proper dominion, and a member appending and rightfully belonging to the im-' perial crown of the realm of England, and united to the same. And the 33 Hen. 8. c. 1. Ir. further recites that the king's progenitors had all manner of kingly jurisdiction and authority royal by the name of lords of Ireland, but that by reason of not being styled kings of

Ireland,

Ireland, the inhabitants of Ireland did not shew the allegiance which was due to the king or bis progenitors, and therefore enacts, that the king and his successors, kings of England, shall be always kings of Ireland, and shall have the name, stile, title, and power of kings of Ireland, with all manner of honours, pre-eminences, prerogatives, dignities, and other things appertaining to the estate and majesty of a king imperial, as united and knit to the im perial crown of the realm of England. But independent of the general recognition of the title of the kings of England to the crown of Ireland, there have been also special acts of confirmation passed in Ireland similar to those in England. The 7 Hen. 4. c. 2. Eng. which limited the succession of the crown to the heirs of the body of that prince, and those acts of Henry VIII. (28 Hen. 8. c. 7. Eng. & 35 Hen. 8. c. 1. Eng.) which bastardized his daugh ters Elizabeth and Mary, and again legitimated them, were none of them followed by any corresponding statutes in Ireland: but the 1 Mar. st. 2. c. 1. Eng. which declared the queen to have been born in lawful matrimony, and repealed all acts of parliament and sentences of divorce to the contrary, was followed by the 3 & 4 Ph. & M. c. 13. Ir. And the 3 & 4 Ph, & M. c. 14. Ir. which recognized the hereditary rights of queen Mary to the crown, as the very true and undoubted heir and inheritrix thereof, is a transcript of the 1 Mar. st. 3. c. 1. Eng. The title of queen Elizabeth to the succession, as limited by the 35 Hen. 8. c. 1. Eng. was recognized and adopted by the 2 Eliz. c. 5. Ir. And the 11, 12 & 13 Jac. 1. c. 1. Ir. was in like manner as the 2 Jac. 1. c. 4. Eng. a recognition of the lawful, undoubted, and absolute title of James I. to the crown of Ireland, as being lineally the next and sole heir of the blood royal of the kings and queens of England, France, and Ireland. The parliament of Ireland, by the 13 Car. 2. c. 1. Ir. declared their renunciation and abhorrence of the rebellious and traitorous murder and parricide of king Charles I. and recognized and acknowledged that the kingdom of Ireland did by lineal descent, and inherent birth-right, and lawful and undoubted inheritance and succession,

descend