New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-07-28
osmpositicn Of the Late English
'.a. Parliament.
HHu HNGLIsH EXECUTIVE
POWERS OF PARLIAMENT.

cannot be confined either for persons, WITHIN
any bounds And. repeating the words. sir "inam
Blackstone adds that is the place where That apso
iste tespotlc power. which must in al governments
somewhere is iutrusted bs the Constitution OF
Chese kingdoms (o) The sovereign 10 nor only the
had bat also the beginning ard the end-es's, pm
Gyfsm ct fns--Of Parliament he alone 9 an Iun.non
txyliament and no Parliament save on the denim OF
Ssovereign, ca assemble Of its own eeeoro. fara,
pent 10 summoned by writ OF the sovereign issued
cut of Cbancery, By advice OF the prvy council ~
kast thirty q sc DAYS previous ~ its assembling. III
1ew Parliament to be elected the ehsrcenor senSs
~ warrant the clerk Of the crown in Cha the
htter issues writs the sheriff to procure the election
q knights and buIgesses. On a vacancy Occurring
while Parliament 10 sitting, writ for tie election OF
Urw MEMBER is issued rftcr motion IN the house. ~
e vacancy occur during the proroRst ion. and II no
0ccasioned by death the writ is issued at TIE instance
q the Speaker. BY Edw. Ill C. a. it was enacted,
II 10 accorded thar Parliament shall be holden every
year once or more ofen If need be- Also by 36 Edw.
III O. TO- il directed that PaIllinen be holden
every year il need be-" By 10 Chas. l. e. l. IT was
enacted that IL tie king neglected 70 call Parliament
IN three years. the chancellor keeper Of the greet
coal might issue writs for summOnjng the peers ana fr
Ne election of the commons; that If the Chsncef or
beepr should neglect 10 do IT, any twelve of the peers
mig the Ial 'ment; that If the peers should
ne,eot " issue the necessary summons TIE shernt OF
Ghe ooun;,e, ard other magistrates respectively might
uceed to the election and should they refuse them,
hat he fsechoders Of each county might elect ther
members. md tut the meno RS so chosen snonid pe
e1ngsd amer severe penalties. 70 attend. his ACT
ws- deemed sac, nvs-ica If the prerogatye that
= was repealed on Il Hesorf cd by 10 Chas H. c. l.
n n
s nor ~ future be ntermted for above three years
ut tie most BY Will and Mary sess 2. G. :. II was
enacted. that P1liJments shall be holden frequently.
A. bow,ver. the Mulry Act ana the baaget are Ohiy
Grsuted for year. the Crown since the Revolution
compelled TO summon a Parliament anGuslly.
PROPAGATION AND DISSOLUTION.
1t has become customary Of ate for psrliaments TO
meet IN annual session. extending over the trst six
months Of the YEAR Every session mnsf end WITH pro
rogation, and by II all bills which have hot been
Brought to conclusion fan 10 the ground. Both
Heuses Of lie latuys must be prorogued AT the same
time; but before this can be done. one OIL at Least
must have become on Act OF Pariantnt lite
SrorOgatlon takes place either by the sovereign IN
Dsrson, or by commission from the Crown or by pro.
slAmston The Lower House appears at the bar ara
~ the sovereign he present tie speal er reports
upon the labors Of the session. the royal assent s then
Gven to bills Of the closing session and sIeech from
he sovereign is read; thereupon the Chancellor p1o-
roguges the Parliament toa certain day. Parliament,
resumes business however, as socn as II Is summoned
hy royal proclamation on certain day which may De
IL date earlier than tie original date 81 porogdilon
appointed. Should the term oil profoeatoh eiapse ana
~ proclamation be ssued Parliament cannot assemble
Of its own accord. Tue royal proclamation which
SIMMONS Parliament IN order TO proceed to business
be issued fourteen days before the tine OF meet
ing dissolution is the civil death OF Parliament; it
may occur by the will Of the sovereign, expressed ia
DersoD by ard even as IN lsDt, do
ling the recess by proclamation or BY spse Of tins
Formerly on the demise Of the sovereign Parliament
vas dissolved tpsO (aeto. but the calling o. new Par
bament Immediately on the inauguration Of The sncees'
being found incOnvenient, II wes enacted by the
statutes and WILL I.I G. Is, Anne, c. Z, aud 81
Geo. I'LL IN, that tn" Parliament in being shall con.
thue for ak months after tie demise OF any king or
Qpeen unless porogued OF dissolved BY the rue
0essor that IT, ct the time Of the demise the PaTla
Eent be adjourned or ptorogued ii shall Immediately
assemble that in the case o. me denise OF me so,e
appointed BY the wis of Summons tor the meeting OF
the last preceding Parliament shall immedi.
stey for six months, unless sooner prorogued
SOLVED by the successors and that IN the event q
The sovereigns demise or after the day appointed
for the assembling cf the new Parliament but before it
has assembled then the new Permanent shall In Ike
manner conyene for SIX months unless sooner prorogued
o. dissolved
The TWO HOUSES.
The presen. form of Parliament divided into two
Houses Of Legislature. the Lo'ds AID tie Commons
dates from the time Of Edward III. Instances OF the
suspension Il this established form occurred during the
lBtei reenpn, aud after the sbdicatlon OF James IL
Bet excepting these regnlarites it has been fnn1a
mental priuciple Of the English constitution that every
lawful Parliament shall consist Of an Upper and a
Lower House Of Legislature.
TIE UPPER HOUSE.
The Upper House consists OF peers who hold their
ssats--l. BY virtue Of bereditsiy right; 2 10y sum
mons from the Crowns J. BY virtue OF their ohce-
bashops; BY being e.ected for liie-hish peers; 3
By beng delegated for the duration Of Parlament-
FORMERLY every peerare at the time fen
81 bsroDy. BarOHs par tenure. To be qualified TO
appear, however IN the national assembly OF the Plan
kgenets special summons was necessary, and thus
we're created the Bdrons par rr' According TO Cam
Den, alter the oatte Of Eyesham every baron
pressly forbidden, without such special writ 10 appear
Il Parliament. Any one saoraing proof that his an
sesor called by writ OF sdmmols has the right 70
ait as hereditary peer. Inc cIaiin may Likewise be
based on prscription- Whoever IL called BY writ of
SUMMONS must actually take his seat in order to acquire
tbe fail rights Of peer the eldest sons Of dukes mar
auises, and ears are sometimes called BY writ ~ the
Upper House oDder special title. Inc creation oy
patelt is at tie present day the ordinary Form en-.
ployed tie peer bling thereby summoned 'dd consuln
ssn 1t detndendar re9en; and the peeraee rights hTe
acquired Whether the individual summoned take his
seat In the Upper House OF not. Should question
syise the legal capacity OF peer 10 he admitted
B. .re Fittings o. the Upper House. the sovereign is
IRA Ell Tor a writ through Secretary Of state; the
Att ri General supports the petition aud, wiling
10 allow It, II is ordinarily computed with III tne mat
IL doubtful he ecomends IL 10 he referred 70 the
Cpper House: which resolves Itself into committee Of
privilege. Upon report TO tie House the latter de-
eIares Its opinion BY way OF address heredltary
peers, may by standing order Of tie Upper House,
tAke their seat without further preliminary peers
newly created OF summoned have to be- introduced
The Grown Is unrestricted IN its power OF creating
beers and this privilege has been largely used by sue
eeeding kings chiefly modern sovsreigns- George
created CO and George IL 30 peers; from
% l76l down ~ ie2l, 3es persons were elo-
waited to the peerage and from 100 down TO
The year le2 the number 6S7. George Nv. ere |
s.ed SO, William Nv. S. aud Queen Victoria up to
lS62 created IS peers In consequence OF 81.
srsssions used 10 the Act Of Uniop-5 Alne c. Slim.
king the right Of election u Scotch peers
% the then existing peers Of Scotland Is understood
thst the sovereign cannot create Scotch peerage
and such peerages Ia fact never created except In
1he case Of the younger branches u the royal family
though extinct peeraRee may lie revvoa or forfeited
peersees restored. BY the Irish Act OF UnoD-JS
and 40 Geo. Ill. C.. 67-the sovereign 10 restricted
70 the creation OF ere new sh peerage on tue e1inc-
SoD Of three OF the existing peerages but when the
LIB peers are reduced 10 100 then the extinction Of
- peersge another msy be created
Commentaries the Laws o. England By Sin William
Blackstone. Knit London. 1875, sth edition. l. leo
"a PrscticaI Treatiss the Lew &C, Of Parlsmsnt,
- Thomas krskiae My.