Parliament does not in the ordinary course legislate directly for the colonies. For some, the queen in council legislates, and others have legislatures of their own, and propose laws for their internal go. vernment, subject to the approval of the queen in council ; but these may after wards be repealed or amended by acts of parliament. Their legislatures and their laws are both subordinate to the supreme power of the mother country. The con stitution of Lower Canada was suspended in 1840; and a provisional government, with legislative functions and great ex ecutive powers, was established by the British parliament. Slavery was abo• lished by an act of parliament in 1833 throughout all the British possessions, whether governed by local legislatures or not ; but certain measures for carrying into effect the intentions of parliament were left for subsequent enactment by the local bodies, or by the queen in coun cil. The House of Assembly of Jamaica, the most ancient of our colonial legisla tures, had neglected to pass an effectual law for the regulation of prisons, which became necessary upon the emancipation of the negroes, and parliament immedi ately passed a statute for that purpose. The Assembly were indignant at the in terferense of the mother country, and neglected their functions, until an act was passed by the imperial parliament which suspended the constitution of Jamaica un less they resumed them.
The power of imposing taxes upon colonies for the support of the parent state was attempted to be exercised by parliament upon the provinces of North America; but this attempt was the imme diate occasion of the severance of that country from our own.
There are some subjects indeed, upon which parliament, in familiar language, is said to have no right to legislate, such for instance as the Church ; but no one can intend more by that expression than that it is inexpedient to make laws as to such matters. Parliament has made a new distribution of portions of Church property. The very prayers and services of the Church are prescribed by statute ; and the Church Discipline Act is an in stance of parliament regulating the con duct of the ministers of the Church. Parliament has changed the professed religion of the country, and has altered the hereditary succession to the throne. To conclude, in the words of Sir Edward Coke, the power of parliament "is so transcendent and absolute, that it cannot be confined, either for causes or persons, within any bounds." 2. Distribution of Powers between King, Lords. and Commons.—Custom and convenience have assigned to different branches of the legislature peculiar pow ers. These are subject to any limitation or even transference which parliament may think fit. The king swears at the coronation to govern " according to the statutes in parliament agreed upon," and these of course may be altered. Prero
gatives of the crown which have ever been enjoyed might yet be taken away by the king, with the consent of the three estates of the realm. The king sends and i receives ambassadors, enters into treaties with foreign powers, and declares war or peace, without the concurrence of lords and commons; but these things he cannot do without the advice of his ministers, who are responsible to parliament. Cer tain parliamentary functions are ex ercised by the king, which are important in the conduct of legislation.
Summons.—It is by the act of the king alone that parliament can be assembled. There have been only two instances in which the lords and commons have met of their own authority, namely, previ ously to the restoration of King Charles H. and at the Revolution in 1688. H., first act of Charles II.'s reign de dared the lords and commons to be the two houses of parliament, notwithstand ing the irregular manner in which they had been assembled, and all their acts were confirmed by the succeeding parlia ment summoned by the king ; which how ever qualified the confirmation of them by declaring that " the manner of the as sembling, enforced by the difficulties and exigencies which then upon the na tion, is not to be drawn into example." In the same manner the first act of the reign of William and Mary declared the convention of lords and commons to be the two houses of parliament, as if they had been summoned according to the usual form, and the succeeding parlia ment recognised the legality of their acts. [CONVENTION PARLIATIENT. But al though the king may determine the pe riod for calling parliaments, his preroga tive is restrained within certain limits; and he is bound by statute to issue writs within three years after the determination of any parliament; and the practice of providing money for the public service by annual enactments renders it compul sory upon him to summon parliament every year.
There is one contingency upon which the parliament may meet without slum mons, under the authority of an act of parliament. It was provided by the 6 Anne, c. 7, that "in case there should be no parliament in being at the time of the demise of the crown, then the last pre ceding parliament should immediately convene and sit at Westminster, as if the said parliament had never been dissolved." By the 37 Geo. I l I., c. 127, a parlia ment so revived would only continue in existence for six months, if not sooner dissolved.
As the king appoints the time and place of meeting, so also at the com mencement of every session he declares to both houses the cause of summons by a speech delivered to them in the House of Lords by himself in person, or by commissioners appointed by him. Until he has done this, neither house can pro ceed with any business.