t writs for the choosing one; and, in case
of neglect of the peers, the constituents might meet and elect one
themselves. But this, if ever put in practice, would have been liable
to all the inconveniences I have just now stated; and the act itself
was esteemed so highly detrimental and injurious to the royal
prerogative, that it was repealed by statute 16 Car. II. c. 1. From
thence therefore no precedent can be drawn.

IT is also true, that the convention-parliament, which restored king
Charles the second, met above a month before his return; the lords by
their own authority, and the commons in pursuance of writs issued in
the name of the keepers of the liberty of England by authority of
parliament: and that the said parliament sat till the twenty ninth of
December, full seven months after the restoration; and enacted many
laws, several of which are still in force. But this was for the
necessity of the thing, which supersedes all law; for if they had not
so met, it was morally impossible that the kingdom should have been
settled in peace. And the first thing done after the king's return,
was to pass an act declaring this to be a good parliament,
notwithstanding the defect of the king's writs[i]. So that, as the
royal prerogative was chiefly wounded by their so meeting, and as the
king himself, who alone had a right to object, consented to wave the
objection, this cannot be drawn into an example in prejudice of the
rights of the crown. Besides we should also remember, that it was at
that time a great doubt among the lawyers[k], whether even this
healing act made it a good parliament; and held by very many in the
negative: though it seems to have been too nice a scruple.

[Footnote i: Stat. 12 Car. II. c. 1.]

[Footnote k: 1 Sid. 1.]

IT is likewise true, that at the time of the revolution, _A.D._ 1688,
the lords and commons by their own authority, and upon the summons of
the prince of Orange, (afterwards king William) met in a convention
and therein disposed of the crown and kingdom. But it must be
remembered, that this assembling was upon a like principle of
necessity as at the restoration; that is, upon an apprehension that
king James the second had abdicated the government, and that the
throne was thereby vacant: which apprehension of theirs was confirmed
by their concurrent resolution, when they actually came together. And
in such a case as the palpable vacancy of a throne, it follows _ex
necessitate rei_, that