An act of parliament thus made, is the exercise of the highest authority that this kingdom acknowledges the earth. It has power to bind every subject in the land, and the dominions thereunto be longing ; nay even the King himself if particularly named therein, And it can-, not be altered, amended, dispensed with, suspended, or repealed, but in the same fbrms, and by the same authority of Par liament.
Adjournment is no more than a conti nuance of the session from one day to another, as the word itself signifies ; and this is done by the authority of each house separately every day, or for a longer period ; but the adjournment of one house, is no adjournment of the other.
Prorogation is the continuance of the Parliament from one session to another, as an adjournment is a continuation of the session from day to day. And 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 pro clamation; and by this, both houses are •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.
A dissolution is the civil death of the Parliament ; and this may be effected three ways ; 1. by the King's will, ex pressed either in person or representa tion ; 2. by the demise of the crown ; 3. by length of time. By the King's will ; for as the King bath 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 pe riod to its existence.
By the demise of the crown ; a disso lution formerly happened immediately upon the death of the reigning sove reign ; 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 dis puted succession, it was enacted, by sta tutes 7 and 8 Will. III. c. 15, and 6 Anne,
c. 7, that the Parliament in being shall continue fur six months after the death of any King or Queen, unless sooner pro rogued or dissolved by the successor. That if the Parliament be, at the time of the King's death, separated by adjourn ment or prorogation, it shall notwith standing assemble immediately ; and that if no Parliament is then in being, the members of the last Parliament shall as semble and be again in Parliament.
Lastly, a Parliament may be dissolved or expire by length of time.
The utmost extent of time that the same Parliament was allowed to sit by the statute of 6 William, c. 3, was three years ; after the expiration of which, reckoning from the return of the first summons, the Parliament was to have no longer conti nuance. But by statute 1 George I. c. 38, in order, as it was alleged, to prevent the great and continued expences of fre quent elections, and the violent heats and animosities consequent thereupon, and for the peace and security of the govern ment just then recovering from the last rebellion, this term was prolonged to se ven years. So that as our constitution now Stands, the Parliament must expire, or die a natural death, at the end of every seventh year, if not sooner dissolved by the royal prerogative. In favour of li berty, however, it were much to be wish ed that this statute had never been pass ed. The pretexts which it assigns, as the grounds upon which it was passed, are all fallacious.