the bar of the house of peers, and there delivers it to their speaker, who comes down from his woolfack to receive it. Ir there passes through the fame forms as in the other house, (except engroffing, which is already done) and, if rejected, no more notice is taken, but it passes fub filentio, to prevent unbecoming altercations. But if it is agreed to, the lords send a meffage by two masters in chancery (or sometimes two of the judges) that they have agreed to the same: and the bill remains with the lords, if they have made no amendment to it. But if any amendments are made, such amendments are fent down with the bill to receive the concurrence of the commons. If the commons difagree to the amendments, a conference usually follows between members deputed from each house; who for the most part settle and adjust the difference: but, if both houses remain inflexible, the bill is dropped. If the commons agree to the amendments, the bill is fent back to the lords by one of the members, with a message to acquaint them therewith. The fame forms are obferved, mutatis mutandis, when the bill begins in the house of lords. And when both houses have done with the bill, it always is depofited in the house of peers, to wait the royal affent. THIS may be given two ways: 1. In person; when the king comes to the house of peers, in his crown and royal robes,,and fending for the commons to the bar, the titles of all the bills that have passed both houses are read; and the king's answer is declared by the clerk of the parliament in Norman-French: a badge, it must be owned, (now the only one remaining) of conquest; and which one could wish to fee fall into total oblivion; unlefs it be referved as a folemn memento to remind us that our liberties are mortal, having once been destroyed by a foreign force. If the king confents to a public bill, the clerk usually declares, " le roy le veut, the king wills it so to be;" if to a private bill, "foit fait come il est defirè, be it as it is defired." If the king refuses his affent, it is in the gentle language of "le roy f'avifera, "the king will advise upon it." 2. By statute 33 Hen. VIII. c. 21. the Y the king may give his assent by letters patent under his great feal, figned with his hand, and notified, in his absence, to both houses affembled together in the high house. And, when the bill has received the royal assent in either of these ways, it is then, and not before, a statute or act of parliament. THIS statute or act is placed among the records of the kingdom; there needing no formal promulgation to give it the force of a law, as was necessary by the civil law with regard to the emperors edicts: because every man in England is, in judgment of law, party to the making of an act of parliament, being present thereat by his representatives. However, a copy thereof is usually printed at the king's prefs, for the information of the whole land. And formerly, before the invention of printing, it was used to be published by the sheriff of every county; the king's writ being sent to him at the end of every session, together with a transcript of all the acts made at that feffion, commanding him “ut ftatuta illa, et omnes articulos in eifdem contentos, in fin“ gulis locis ubi expedire viderit, publice proclamari, et firmiter te“ neri et obfervari faciat." And the usage was to proclaim them at his county court, and there to keep them, that whoever would might read or take copies thereof; which custom continued till the reign of Henry the seventh °. A n act of parliament, thus made, is the exercise of the highest authority that this kingdom acknowleges upon earth. It hath power to bind every fubject in the land, and the dominions thereunto belonging; nay, even the king himself, if particularly named therein. And it cannot be altered, amended, dispensed with, fufpended, or repealed, but in the fame forms and by the fame authority of parliament: for it is a maxim in law, that it requires the fame strength to dissolve, as to create an obligation. It is true it was formerly held, that the king might in many cases dispense with penal statutes: but now by statute 1 W. & M. st. 2. c. 2. it is declared, that the fufpending or difpenfing with 0 3 Inft. 41. 4 Inft. 26. P Finch. L. 81.234. laws 34 Inst. 28. laws by regal authority, without consent of parliament, is illegal. VII. THERE remains only, in the seventh and last place, to add a word or two concerning the manner in which parliaments may be adjourned, prorogued, or diffolved. An adjournment is no more than a continuance of the feffion from one day to another, as the word itself fignifies: and this is done by the authority of each house separately every day; and fometimes for a fortnight or a month together, as at Christmas or Easter, or upon other particular occafions. But the adjournment of one house is no adjournment of the other. It hath also been usual, when his majesty hath signified his pleasure that both or either of the houses should adjourn themselves to a certain day, to obey the king's pleasure so signified, and to adjourn accordingly'. Otherwise, befides the indecorum of a refusal, a prorogation would assuredly follow; which would often be very inconvenient to both public and private business. For prorogation puts an end to the fession; and then such bills, as are only begun and not perfected, must be refumed de novo (if at all) in a subsequent feffion : 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 feffion to another, as an adjournment is a continuation of the feffion from day to day. This is done by the royal authority, expressed either by the lord chancellor in his majesty's prefence, or by commission from the crown, or frequently by proclamation. Both houses are necessarily prorogued at the fame 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 paffed or fome judgment given in parliament, it is in truth no feffion at all. And formerly the usage was, for the king to give the royal affent to all such bills as he approved, at the end of every feffion, and then to prorogue the parliament; though sometimes only for a day or two': after which all business then depending in the houses was to be begun again. Which custom obtained fo strongly, that it once became a question", whether giving the royal assent to a single bill did not of course put an end to the session. And, though it was then refolved in the negative, yet the notion was fo deeply rooted, that the statute 1 Car. I. c. 7. was passed to declare, that the king's affent to that and some other acts should not put an end to the feffion; and, even so late as the restoration of Charles II, we find a proviso tacked to the first bill then enacted", that his majesty's affent thereto should not determine the session of parliament. But it now seems to be allowed, that a prorogation must be expreffly made, in order to determine the session. And, if at the time of an actual rebellion, or imminent danger of invafion, the parliament shall be feparated 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. Com. Journ. passim: e.g. 11 Jun.1572. 5 Apr.1604. 4 Jun. 14 Nov. 18 Dec.1621. 11 Jul. 1625. 13 Sept. 1660. 25 Jul. 1667. 4 Aug. 1685. 24 Febr. 1691. 21 Jun. 1712. 16 Apr. 1717.3 Feb. 1741. 10 Dec. 1745 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 fole 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 exiftence. 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 experien ced by the unfortunate king Charles the first; who, having unadvisedly passed an act to continue the parliament then in being till fuch time as it should please to diffolve itself, at last fell a facrifice 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 prefcribed: so that, on the one hand, they may frequently and regularly come together, for the dispatch 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 crown. This dissolution formerly happened immediately upon the death of the reigning sovereign, for he being confidered in law as the head of the parliament, (caput, principium, 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 difputed fucceffion, it was enacted by the statutes 7 & 8W. III. c.15. and 6 Ann. c. 7. that the parliament in being shall continue for fix months after the death of any king or queen, unless sooner prorogued or diffolved by the successor: that, if the parliament be, at the time of the king's death, feparated 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 diffolved or 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 occafionally filling the vacancies with new representatives; in these cafes, if it were once corrupted, the evil would be past all remedy: but when |