Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
IT is likewise true, that at the time of the revolution, _A.D._ 1688,
the lords and commons by their own authority, and upon the summons of
the prince of Orange, (afterwards king William) met in a convention
and therein disposed of the crown and kingdom. But it must be
remembered, that this assembling was upon a like principle of
necessity as at the restoration; that is, upon an apprehension that
king James the second had abdicated the government, and that the
throne was thereby vacant: which apprehension of theirs was confirmed
by their concurrent resolution, when they actually came together. And
in such a case as the palpable vacancy of a throne, it follows _ex
necessitate rei_, that the form of the royal writs must be laid aside,
otherwise no parliament can ever meet again. For, let us put another
possible case, and suppose, for the sake of argument, that the whole
royal line should at any time fail, and become extinct, which would
indisputably vacate the throne: in this situation it seems reasonable
to presume, that the body of the nation, consisting of lords and
commons, would have a right to meet and settle the government;
otherwise there must be no government at all. And upon this and no
other principle did the convention in 1688 assemble. The vacancy of
the throne was precedent to their meeting without any royal summons,
not a consequence of it. They did not assemble without writ, and then
make the throne vacant; but the throne being previously vacant by the
king's abdication, they assembled without writ, as they must do if
they assembled at all. Had the throne been full, their meeting would
not have been regular; but, as it was really empty, such meeting
became absolutely necessary. And accordingly it is declared by statute
1 W. & M. st. 1. c. 1. that this convention was really the two houses
of parliament, notwithstanding the want of writs or other defects of
form. So that, notwithstanding these two capital exceptions, which
were justifiable only on a principle of necessity, (and each of which,
by the way, induced a revolution in the government) the rule laid down
is in general certain, that the king, only, can convoke a parliament.
Public-domain text, read in full here on John Shaqi.
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