Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/202

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186
The Rights
Book I.

An adjournment is no more than a continuance of the ſeſſion from one day to another, as the word itſelf ſignifies: and this is done by the authority of each houſe ſeparately every day; and ſometimes for a fortnight or a month together, as at Chriſtmas or Eaſter, or upon other particular occaſions. But the adjournment of one houſe is no adjournment of the other[1]. It hath alſo been uſual, when his majeſty hath ſignified his pleaſure that both or either of the houſes ſhould adjourn themselves to a certain day, to obey the king’s pleaſure ſo ſignified, and to adjourn accordingly[2]. Otherwiſe, beſides the indecorum of a refuſal, a prorogation would aſſuredly follow; which would often be very inconvenient to both public and private buſineſs. For prorogation puts an end to the ſeſſion; and then ſuch bills, as are only begun and not perfected, muſt be reſumed de novo (if at all) in a ſubſequent ſeſſion: whereas, after an adjournment, all things continue in the ſame ſtate as at the time of the adjournment made, and may be proceeded on without any freſh commencement.

A prorogation is the continuance of the parliament from one ſeſſion to another, as an adjournment is a continuation of the ſeſſion from day to day. This is done by the royal authority, expreſſed either by the lord chancellor in his majeſty’s preſence, or by commiſſion from the crown, or frequently by proclamation. Both houſes are neceſſarily prorogued at the ſame time; it not being a prorogation of the houſe of lords, or commons, but of the parliament. The ſeſſion is never underſtood to be at an end, until a prorogation: though, unleſs ſome act be paſſed or ſome judgment given in parliament, it is in truth no ſeſſion at all[3]. And formerly the uſage was, for the king to give the royal aſſent to all ſuch bills as he approved, at the end of every ſeſſion, and then to prorogue the parliament; though ſometimes

  1. 4 Inſt. 28.
  2. Com. Journ. paſſim: e.g. 11 Jun. 1572. 5 Apr. 1604. 4 Jun. 14 Nov. 18 Dec. 1621. 11 Jul. 1625. 13 Sept. 1660. 25 Jul. 1667. 4 Aug. 1685. 24 Febr. 1691. 21 Jun. 1712. 16 Apr. 1717. 3 Feb. 1741. 10 Dec. 1745.
  3. 4 Inſt. 28. Hale of parl. 38.
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