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 all[s]. And 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 two[t]: after which all business then depending in the
houses was to be begun again. Which custom obtained so strongly, that
it once became a question[u], 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. 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 restoration of Charles II, we
find a proviso tacked to the first bill then enacted[w] 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[x] to call them together by proclamation, with fourteen days
notice of the time appointed for their reassembling.
[Footnote s: 4 Inst. 28. Hale of parl. 38.]
[Footnote t: Com. Journ. 21 Oct. 1553.]
[Footnote u: _Ibid._ 21 Nov. 1554.]
[Footnote w: Stat. 12 Car. II. c. 1.]
[Footnote x: Stat. 30 Geo. II. c. 25.]
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 it's 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
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