With respect to their internal arrangements, Parliaments are, by the constitution of the country, and, indeed, their nature requires that they should be, distinct from, and independent of, the Crown. There are, therefore, but few prerogatives, except those which have just been considered, legally exerciseable over the two Houses. The King has, however, the suddenly dissolved the Parliament then sitting at Oxford. His speech was as follows:- My Lords and Gentlemen -That all the world may see to what a point we are come, that we are not like to have a good end, when the divisions at the beginning are such: therefore, my Lord Chancellor, do as I have commanded you.' Then the Lord Chancellor said, My Lords and GentlemenHis Majesty has commanded me to say, that it is his royal pleasure and will, that this Parliament be dissolved; and this Parliament is dissolved.'-Bishop Burnet (Hist. of Own Times, V. I. p. 499.) gives the following account of this dissolution: By the steps which the Commons had taken, the King saw what might be expected from them; so, very suddenly, and not very decently, he came to the House of Lords, the Crown being carried between his feet, in a sedan and he put on his robes in haste, without any previous notice, and called up the Commons, and dissolved the Parliament; and went with such haste to Windsor, that it looked as if he was afraid of the crowds that this meeting had brought to Oxford.' "In these two instances, the dissolution in person was thought indecent and offensive. It is true that the Parliament of 1660-the Convention Parliament, which restored King Charles II. -was dissolved by the King in person; but then, his Majesty had sent a message to the House of Lords some days before to signify his intention, which message was communicated by them to the Commons, and a conference was holden upon it. The message was as follows:- His Majesty hath expected, ever since Thursday morning, to be informed that his two Houses of Parlia ment had been ready to present such bills to him as they had prepared for his royal assent, and hath continued ever since in the same expectation, and hoped that he might have this day finished the work, and dissolved them according to his siguification; but, being informed that there are yet depending in both Houses some few bills of great importance to his and the public service, which are not yet ready to be presented to him; and being desirous to part with his two Houses of Parliament, who have deserved so well of him, in such a manner, that they may not be obliged to use more expedition in the despatch than is agreeable to the affairs which are to be despatched, his Majesty is graciously pleased to declare, That he will be ready to pass such bills as are necessary, in point of time, to be passed, on Monday morning; and then, that the Houses adjourn till Thursday, so that they may have that day and Friday to put an end to those most publie bills which are not yet finished; and his Majesty will, on the next day, being Saturday the 29th of this month, be present with them, and dissolve the Parliament; and his Majesty desires both Houses, against that time, to lay aside all business of private concern. ment to finish all public bills. "Since the Revolution, Parliament has been always dissolved by proclamation, after having been first prorogued. The dissolution, therefore, by the Prince Regent in person was an unusual proceeding; but it does not appear, from any thing that was said or done, that it was meant to be offensive. It was adopted merely for the sake of dispatch." undoubted undoubted right to be present in the House of Lords during the debates, without going in state, or interfering in the proceedings. Charles the Second, and several of his successors, frequently did so; but from the accession of George the First to the present time, the practice has been, and perhaps wisely, discontinued (a). It seems that, in order to make a proxy, which the members of the upper House only can effectually and legally do, the King's licence is in strictness necessary (b). Though, it is said, that this is now so much a mere form that the licence may be presumed (c). The Speaker of the House of Lords is the Lord Chancellor, or keeper of the King's great seal, or any other person appointed by the King's commission; and if none be so appointed, the House of Lords, it is said, may elect one (d).. The Speaker of the House of Commons is chosen by the House; but must, it seems, be approved by the King (e). The discretionary power of assenting or dissenting to an Act of Parliament is, in England, a high and incommunicable prerogative; though it may be communicated to the governor of a colony, with respect to acts of the colonial assembly (ƒ). The royal assent to a bill (which cannot be given previous to the meeting of Parliament, any more than the dissent can be effectually expressed after the session has ended) (g), is proclaimed before the two Houses, assembled in the Lords' House, either by the King in person, or by letters patent under the great seal, signed by his Majesty, and declared and notified in his absence, to the Lords and Commons. Before the assent is given, the titles of the Acts, which have passed both Houses, are read; whereupon, the clerk of the Parliament expresses the assent or dissent. In case of the royal assent to a public bill, the clerk usually declares, "le roy le veut ;" to a private bill, soit fait comme il est desiré." If the King refuse his assent, the words used are "le roy s'avisera." When a bill of supply is passed, it is carried up and presented to the King, by the Speaker of the House of Commons, and the royal assent is thus expressed, "le roy remercie ses loyal subjects, accepte lour benevolence, et aussi le veut―"the King thanks his loyal subjects, accepts their benevolence, and wills it so to be (a)." It is not usual, except in the case of an act of grace, for statutes to originate with the King; but, without doubt, if a bill, with the royal assent, should be sent to the Lords and Commons, and receive their assent also, it would be a perfect law, if even in the form of a charter, as was the case with Magna Charta. That which constitutes law is the concurring assent of all the branches of the legislature, wheresoever it may originate, whatever may happen to be the form of it (b). CHAP. VII. Of the King as the Fountain of Justice and Office, and Administrator of the Laws. SECT. I.-In general; and as to Public Courts and Offices, and Officers. THE prerogative of creating courts and offices has been immemorially exercised by the Kings of England, and is founded on the capacities of executive magistrate, and distributor of justice, which the constitution of the country has assigned to the Sovereign (c). Public offices are either judicial or ministerial. It seems, that in very early times our Kings, in person, often heard and determined causes between party and party (d). But, by the long and uniform usage of many ages, they have delegated their whole judicial powers to the judges of their several courts; so that, at present, the King cannot (a) 1 Bla. Com. 184. (b) Hale, Orig. and Antiq. Parl. Prince's Case, 8 Co. Rep. (c) Finch, L. 162. See 1 Bla. Com. 266, 272. (d) Ibid. 3 Bla. Com. 41. 1 Bla. Com. 267. determine determine any cause or judicial proceeding, but by the mouth of his judges (a), whose power is, however, only an emanation of the royal prerogative (b). The courts of justice, therefore, though they were originally instituted by royal power, and can only derive their foundation from the crown (c), have, respectively, gained a known and stated jurisdiction, and their decisions must be regulated by the certain and established rules of law (d). It necessarily follows, that even our Kings themselves cannot, without the express sanction of an Act of Parliament, grant any addition of jurisdiction to such courts (e); as, for instance, that the Court of King's Bench may determine a mere real action (ƒ), nor authorize any one to hold them in a manner dissimilar to that established either by the common, or statute law of the law of the land (g). On this ground it has been determined, that a royal grant of a judicial office for life, which had been always granted only at will, is void (h). So, the King cannot grant a mere spiritual jurisdiction, as to ordain, institute, &c. to a lay person, or exercise it himself, but must administer the spiritual law by bishops, as he does the common law by judges (i). Nor can his Majesty grant a commission to determine any matter of equity; but it ought to be determined in the Court of Chancery, which has immemorially possessed a jurisdiction in such case (). It is a still more important principle, that the King cannot, legally, authorize any court to proceed contrary to the English laws, or by any other rule (1). Therefore, commissions to seize goods, and imprison the bodies of all persons who shall be notoriously suspected of felonies and trespasses, without any indictment or (a) Ibid. 12 Co. 64. Bac. Ab. Courts, A, B. That the King though he may grant, cannot execute offices himself, see 5 Bac. Ab. 180, note in margin. Co. Lit. 3. b. Plowden, 381, 1 Sid. 305. As to taking the judges' opinion, see Fortescue, R. 384 et subseq. (b) 1 Bla. Com. 24, (c) 1 Rol. Ab. 361. 2 Bac. Ab. Courts, A, B, page 96. As to Counties Palatinate, &c. 2 Bac. Ab. 188. 1 Bla. Com. 117. See Ibid. 267. (d) 3 Hawk. bk. 2. ch. 1. sect. 4. page 2. 2 Bac. Ab. 96. (e) Year Book, 6 Hen. 7. 4, b. 5, a. 2 Inst. 478. 4 Ibid. 125, 127, 163, 200. 1 Wooddn. 97. (f) Ibid. (g) Ibid. 97, S. 4 Inst. 163, 200, 75. 2 Inst. 478. 3 Hawk. b. 2. c. 1. 37. s. 6. (h) 4 Inst. 87. 1 Sid. 338. (i) See Cro. El. 259, 314. (k) Hob. 63. 12 Co. Rep. 113. See 1 Wooddn. 188 to 190, and 97. Vice Rush. App. 77. legal legal process against them (a); or to take J. S. a notorious. robber, and to seize his lands and goods (b), are, respectively, illegal (c). Neither can the King grant any new commission which is not warranted by antient precedents, however necessary, or conducive to the public good it may appear to be; and, therefore commissions to assay weights and measures, being of a new invention, were condemned by Parliament (d). And Lord Coke asserts (e), that the King could not authorize persons to take care of rivers, and the fishery therein, according to the method prescribed by the statute of Westminster the 2nd. ch. 47. before the making of that statute. Subject, however, to these various restrictions, which are constitutionally just and necessary, the King may, generally speaking, by his prerogative, constitute any number of legal and ordinary courts, for the administration of the general law of the land, and appoint them to be held where his Majesty pleases (f), unless, as in the case of the Common Pleas (g), the Court must, by law, be holden in any certain place. So the King may issue special commissions, for doing justice according to law, in extraordinary cases, requiring speedy remedy and animadversion; though in ordinary cases, commissioners of Oyer and Terminer can be granted only to the justices of either bench, or the justices in Eyre (h). The King, by special commission, may appoint any person to take recognizances, or obligations of record, from one man to another; and such recognizances, duly certified with the commission into Chancery, are binding; and though the commission be so particular as to mention only a recognizance to be taken from A. to B., yet the commissioners have a general power to take a recognizance from any other person (i). It seems, that at the present day a palatinate jurisdiction cannot be erected without an Act of Parliament (k). (a) 4 Ass. 5. Bro. Ab. Commissions, 3, 15, 16. 12 Co. 30, 31. 2 Inst. 478. (b) 2 Inst. 54. (c) And see 13 Ed. 1. st. 1. c. 29. (d) 18 Ed. 3. st. 2. c. 1 and 4. 4 Inst. 163. (e) 2 Ibid. 478. (f) 1 Wooddn. 97. 3 Bla. Com. 41, 2. (g) Magna Charta, ch. 11. but this was not taken so strictly as to prevent its being adjourned, as well as the King's Bench, and Exchequer, to Reading, on account of the epidemical sickness in the metropolis in Mich. T. 1 Car. 1. See 3 Cro. R. 13. (h) 13 Ed. 1. st. 1. c. 29 and 30. See 1 Wooddn. 97. (i) Bac. Ab. Execution, D. (k) 4 Inst. 204. Cromp. Juris. 139. 2 Bac. Ab. 188. tit. Courts Palatinate. The |