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
AND this by the antient statutes of the realm[l], he is bound to do
every year, or oftener, if need be. Not that he is, or ever was,
obliged by these statutes to call a _new_ parliament every year; but
only to permit a parliament to sit annually for the redress of
grievances, and dispatch of business, _if need be_. These last words
are so loose and vague, that such of our monarchs as were enclined to
govern without parliaments, neglected the convoking them, sometimes
for a very considerable period, under pretence that there was no need
of them. But, to remedy this, by the statute 16 Car. II. c. 1. it is
enacted, that the sitting and holding of parliaments shall not be
intermitted above three years at the most. And by the statute 1 W. &
M. st. 2. c. 2. it is declared to be one of the rights of the people,
that for redress of all grievances, and for the amending,
strengthening, and preserving the laws, parliaments ought to be held
_frequently_. And this indefinite _frequency_ is again reduced to a
certainty by statute 6 W. & M. c. 2. which enacts, as the statute of
Charles the second had done before, that a new parliament shall be
called within three years[m] after the determination of the former.
[Footnote l: 4 Edw. III. c. 14. and 36 Edw. III. c. 10.]
[Footnote m: This is the same period, that is allowed in Sweden for
intermitting their general diets, or parliamentary assemblies. Mod.
Un. Hist. xxxiii. 15.]
II. THE constituent parts of a parliament are the next objects of our
enquiry. And these are, the king's majesty, sitting there in his royal
political capacity, and the three estates of the realm; the lords
spiritual, the lords temporal, (who sit, together with, the king, in
one house) and the commons, who sit by themselves in another[n]. And
the king and these three estates, together, form the great corporation
or body politic of the kingdom, of which the king is said to be
_caput, principium, et finis_. For upon their coming together the king
meets them, either in person or by representation; without which there
can be no beginning of a parliament[o]; and he also has alone the
power of dissolving them.
[Footnote n: 4 Inst. 1.]
[Footnote o: 4 Inst. 6.]
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