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.
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 indefinit
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