Causes of summons. Chapter II. Act, Parliament met on a Sunday, 8th March, 1701, on the On two occasions, during the illness of George III., the 1 13 C. J. 782. 2 Queen Anne, 18 ib. 3; Geo. II., 28 ib. 929. 933; Geo. III., 75 ib. 82. 89. For other occasions of the demise of the Crown, see 20 ib. 866 P. 171. II. Chapter of opening the Parliament, when the sovereign was personally incapable of exercising his constitutional functions. On the first occasion, Parliament had been prorogued till the 20th November, 1788, then to meet for the despatch of business. When Parliament assembled on that day, the king was under the care of his physicians, and unable to open Parliament, and declare the causes of summons. Both houses, however, proceeded to consider the measures necessary for a regency; and on the 3rd February, 1789, Parliament was opened by a commission, to which the great seal had been affixed by the lord chancellor, without the authority of the king. Again, in 1810, Parliament stood prorogued till the 1st November, and met at a time when the king was incapable of issuing a commission. His illness continued, and on the 15th January, without any personal exercise of authority by the king, Parliament was formally opened, and the causes of summons declared in virtue of a commission under the great seal, and "in his Majesty's name." 1 tion and It may here be incidentally remarked, that the Crown has also an important privilege in regard to the deliberations of both houses. The Speaker of the Lords is the lord high chancellor or lord keeper of the great seal,—an officer more closely connected with the Crown than any other in the state; and even the Speaker of the Commons, though elected by them, is submitted to the approval of the Crown (see p. 156). tion and ment. Parliament, it has been seen, can only commence its Prorogadeliberations at the time appointed by the king; neither adjourncan it continue them any longer than he pleases. He Proroga may prorogue Parliament by having his command signified, appropria- in his presence, by the lord chancellor or Speaker of the tion of sup- House of Lords, to both houses; by commission, or by proclamation. Prior to 1867, the prorogation of Parliament from the day to which it stood summoned or prorogued to any further day, was effected by a writ or commission under the great seal: but by the 30 & 31 Vict. c. 81, the royal plies, see p. 551. 1 For a full statement of these proceedings, see May, Const. Hist. i. 175195 (7th ed.). proroga tion. are II. gation at a session, see p. 207. proclamation alone prorogues the Parliament, except at the Chapter close of a session. The effect of a prorogation is at once to Effect of a suspend all business until Parliament shall be summoned For proroagain. Not only are the sittings of Parliament at an end, the close of but all proceedings pending at the time are quashed, except impeachments by the Commons, and appeals before the House of Lords. Every bill must therefore be renewed after a prorogation, as if it had never been introduced. William III. prorogued Parliament from the 21st to the 23rd October, 1689, in order to renew the Bill of Rights, concerning which a difference had arisen between the two houses, that was fatal to its progress. As it is a rule that a bill of the same substance cannot be passed in either house twice in the same session, a prorogation has been resorted to on three occasions to enable another bill to be brought in (see p. 308). When Parliament stands prorogued to a certain day, Meeting of the king may, by Act 37 Geo. III. c. 127, amended by accelerated 33 & 34 Vict. c. 81, issue a proclamation, giving notice of by procla- his intention that Parliament shall meet for the despatch Parliament mation. 3 of business on an earlier day, not less than six days from 1 2 Hatsell, 335. See also statute 45 Geo. III. c. 117, to continue proceedings in the House of Lords against Mr. Justice Fox over the prorogation. By 1 Geo. IV. c. 101, an Indian divorce bill is, in certain cases, excepted from this rule, see Chapter XXIX. See also an exception regarding documents laid 210 C. J. 271. 354 ib. 745; 55 ib. 3. Chapter to meet for the despatch of business on the 3rd December II. Parliament by a proclamation dated the 26th November.1 Parliament, Meeting of notwithstanding a proclamation having been issued for its deferred." meeting, can also, under Acts 30 & 31 Vict. c. 81, and 33 & 34 Vict. c. 81, be further prorogued, by proclamation, from the day to which it stands prorogued, to meet for despatch of business upon a further day not less than six days from the date of the proclamation. Thus, Parliament, which stood prorogued to the 30th November, 1878, was further prorogued, on the 27th, to the 5th December, on account of the Afghan war, and again, in consequence of a change in the Ministry, from the 13th to the 27th January, 1887, by proclamation dated 31st December, 1886.2 Other Acts have provided that whenever the Proclamasages, pp. Crown shall cause the militia to be embodied, or the army (Army Rereserve or militia reserve to be called out on permanent Militia). service when Parliament stands prorogued or adjourned for more than ten days, the king shall issue a proclamation for the meeting of Parliament within ten days. Accordingly, on the 7th October, 1899, Parliament, which stood prorogued till the 27th October, was summoned by proclamation to meet on the 17th October.4 See also royal mes. 446, 555. tion serve and tion. When the king, by the advice of his privy council, has Proclamation prior determined upon the prorogation of Parliament, a proclama- to prorogation is issued, declaring that on a certain day Parliament will be prorogued until a day mentioned; and when it is intended that Parliament shall meet on that day, for despatch of business, the proclamation states that Parliament will then "assemble and be holden for the despatch Meeting of divers urgent and important affairs." It was formerly spatch of customary to give forty days' notice, by proclamation, of a meeting of Parliament for despatch of business: 5 but under 1 155 C. J. 404. 2 142 ib. 2. * 45 & 46 Vict. c. 48, s. 13, and ib. c. 49, s. 19. 4 154 C. J. 428. See also 47 C. J. 1092 for proclamation under 26 Geo. III. c. 107, s. 97, dated 1st December, 1792, summoning Parlia- 230; 3 Chatham for de business. Adjourn ment. II. the 37 Geo. III. c. 127, amended by 33 & 34 Vict. c. 81, Chapter When Parliament has been dissolved and summoned for ments and Act, see p. Adjournment is solely in the power of each house respectively: though the pleasure of the Crown has occasionally been signified in person, by message, commission, or proclamation, that both houses should adjourn; and in some cases such adjournments have scarcely differed from prorogations. But although no instance has occurred in which Adjourneither house has refused to adjourn, the communication the Appromight be disregarded. Business has been transacted after priation the king's desire has been made known; and the question 596. for adjournment has afterwards been put, in the ordinary manner, and determined after debate, amendment, and division. Such interference on the part of the Crown is impolitic, as it may meet with opposition, and unnecessary, as ministers need only assign a sufficient cause for adjournment, when each house could adjourn, of its own accord, and for any period, however extended, which the occasion may require. The pleasure of the Crown was last signified Adjournment by royal commission, 1621; 1 C. J. 639; 9 ib. 158; 2 Rapin's Hist. 205. 22 Hatsell, 312. 316. 317; 1 C. J. 807. 808. 809; 10 ib. 694; 17 ib. 26. 275. In 1799, 55 ib. 49; 34 Parl. 3 In 1785 there was an adjourn- |