Note (22) — Chapter III

See the Act 1 William and Mary “for removing and preventing all Questions and Disputes concerning the Assembling and Sitting of this Present Parliament” (Revised Statutes, ii. 1). It decrees “That the Lords Spiritual and Temporal, and Commons convened at Westminster the two and twentieth day of January, in the year of our Lord one thousand six hundred eighty-eight, and there sitting on the thirteenth day of February following, are the two Houses of Parliament, and so shall be and are hereby declared enacted and adjudged to be to all intents, constructions, and purposes whatsoever, notwithstanding any fault of writ or writs of summons, or any defect of form or default whatsoever, as if they had been summoned according to the usual form.” The whole history of the question is given in Macaulay, iii. 27-31. The whole matter is summed up in the words (iii. 27), “It was answered that the royal writ was mere matter of form, and that to expose the substance of our laws and liberties to serious hazard for the sake of a form would be the most senseless superstition. Wherever the Sovereign, the Peers spiritual and temporal, and the Representatives freely chosen by the constituent bodies of the realm were met together, there was the essence of a Parliament.” In earlier times it might perhaps have been held that there might be the essence of a Parliament even without the Sovereign.