2. DISTRIBUTION OF POWERS BETWEEN KING, LORDS, AND COMMONS. —Custom and convenianco have assigned to different branches of the legislature peculiar powers. 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. Prerogatives 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. Thu king sends and receives ambassadors, enters into treaties with foreign powers, and declares war or peace, without the ooneurrence of lords and commons; but these things he cannot do without the advice of his ministers, who are responsible to parliament. Without entering into a view of his general prerogatives, which are treated of elsewhere [Klau],it will be necessary to advert to certain parliamentary functions exercised by him, and which are most 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, previously to the restoration of King Charles II. and at the Revolution in 1688.
The first act of Charles 11.'s reign declared the lords and commons to be the two houses of parliament, notwithstanding the irregular manner in which they had been assembled, and all their acts were confirmed by the succeeding parliament sununoned by the king ; which however qualified the confirmation of them by declaring that "the manner of the assembling, enforced by the difficulties and exigencies which then lay upon tho nation, 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 parliament recognised the legality of their acts. But although the king may determine the period for railing parliaments, his prerogative is restrained within certain limits ; as he is bound by statute to issue writs within three years after the determination of any parliament ; while the practice of providing money for the public service by annual enactments renders it com pulsory upon him to meet parliament every year.
There is one contingency upon which the parliament may meet without summons, 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 preceding parliament should immediate convene and sit at West minster, as if the said parliament had never been dissolved." By the 37 Geo. 111., c. 127, a parliament 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 commencement 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 proceed with any business.
The causes of summons declared do not make it necessary for parliament to consider them only, or to proceed at once to the con sideration of any of them. After the speech, any business may be commenced; and the commons, in order to prove their right to act without reference to any authority but their own, invariably read a bill a first time pro formd before' they take the speech into considera tion. Other business is also done very frequently at the same time. New writs are issued for places which have become vacant during the recess, returns are ordered, and even addresses are presented on matters unconnected with the speech.
Prorogation and it has been seen, can only commence its deliberations at the time appointed by the king; neither can it continue them any longer than he pleases. He may prorogue parliament by having his command signified in his presence by the lord-chancellor or speaker of the House of Lords to both houses, or by writ under the great seal, or by commission. The effect of a prorogation is at once to suspend all business until parliament may be summoned again. Not only are the sittings of parliament at an end, but all proceedings pending at the time, except impeachments by the commons, are quashed. A bill must be renewed after a prorogation, as if it had never been introduced, though the prorogation be for no more than a day. William III. prorogued parliament from the 21st October, 1689, to the 23rd, in order to renew the Bill of Rights, con cerning which a difference had arisen between the two houses that was fatal to it. it being a rule that a bill cannot be passed in either house twice in the same session, a prorogation has been resorted to in other cases to enable a second bill to be brought iu.