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XVII.

without any grave consequences. But if the policy of the Chapter government is condemned, or their conduct censured, or legislation arrested in one house, it is natural that the other should be ready with resolutions in support of the cause of which it approves. Thus during the contest between Mr. Pitt and the coalition, in 1784, the Lords were forward in giving countenance to the minister, in his struggle with a hostile majority of the Commons.1 Again, in the great Reform crisis of 1831-32, the Commons supported the ministers and their cause, when they were imperilled by the hostility of the Lords.2 And in 1839, when the opposition, in the Commons, had failed to arrest the establishment of a system of national education under an order in council by an address to the Crown, the upper house presented an address condemning the scheme, but without effect. In the same year, the House of Lords having appointed a committee to inquire into the state of Ireland since 1835, in respect of crime and outrage, the Commons, regarding this step as an arraignment of the policy of the ministers, supported them by a vote of confidence. In 1850, when the Lords censured the government for the course taken in reference to the claims of Don Pacifico upon Greece, the Commons came to the rescue, with a vote of approval and confidence.5

In 1857, a vote of censure upon the policy of the government, in reference to the war in China, was negatived in the House of Lords: but, by a combination of parties, a vote to the same effect was carried in the House of Commons; and was followed by a dissolution.

In 1860, the Lords having rejected the bill for the abolition of the paper duties, the Commons responded by resolutions reasserting their privileges in regard to money bills (see p. 583). And again, in 1864, conflicting

11 May, Const. Hist. 7th edit. 75-83.

2 Ib. 143.

3 Ib. 415; 48 H. D. 3 s. 229, et seq., 1322; 49 ib. 128.

✦ 71 L. J. 148; 94 C. J. 202.
582 L. J. 222; 105 C. J. 475.
688 L. J. 533; H. D. 26th Feb.
1857, &c.

Chapter resolutions were agreed to in the two houses in relation. to the Danish War.1

XVII.

In 1871, a bill having been passed by the Commons for the abolition of purchase in the army, and providing compensation to the officers, which was refused a second reading by the Lords, a royal warrant was issued cancelling former regulations by which the purchase of commissions had been sanctioned. The Lords were thus constrained to reconsider the bill, in order to secure the pecuniary interests of the officers; but in proceeding with the bill, they placed on record a condemnation of the issue of the warrant. It became a matter for consideration whether the Commons should be invited to respond to this adverse resolution: but as legislation was not arrested, and the vote of the Lords was without effect upon the policy or political position of ministers, the passing of the bill was accepted as a sufficient approval of the course adopted, without any retaliatory resolution. In 1881, the Lords condemned the policy of the government in regard to Afghanistan, and the Commons approved it.

In 1882, the Lords having appointed a committee to inquire into the working of the Irish Land Act of the previous year, the Commons, after a long debate, agreed to a resolution that parliamentary inquiry, at the present time, into the working of that Act tends to defeat its operation, and must be injurious to the interests of good government in Ireland.

1 96 L. J. 538; 119 C. J. 405.

2 103 L. J. 544. 561. 609.

&c.

137 ib. 94; 266 H. D. 3 s. 1729,

sent in

Parliament.

CHAPTER XVIII

COMMUNICATIONS FROM THE CROWN TO PARLIAMENT: AND
FROM PARLIAMENT TO THE CROWN.

King pre- THE King is supposed to be present in the High Court
of Parliament, by the same constitutional principle which
recognizes his presence in other courts: but he can only
take part in its proceedings by means which are acknow-
ledged to be consistent with the parliamentary prerogatives
of the Crown, and the entire freedom of the debates and
proceedings of Parliament. He may be present in the
House of Lords, at any time during the deliberations of
that house, where the cloth of estate is but he may not
be concerned in any of its proceedings, except when he
comes in state for the exercise of his prerogatives. In
earlier times, the sovereign was habitually present in the
House of Lords, as being his council, whose advice and
assistance he personally desired. King Henry VI., in the
ninth year of his reign, declared, with the advice and
consent of the Lords," That it shall be lawful for the Lords
to debate together, in this present Parliament, and in every
other for time to come, in the king's absence, concerning
the condition of the kingdom, and the remedies necessary
for it." Whence it appears that, at that time, it was
customary for the king to be present at the deliberations
of the Lords, even if his presence was not essential to their
proceedings. When he ceased to take a personal part in
their deliberations, it was still customary for the sovereign
to attend the debates as a spectator. Charles II.,* and his

2

1 See Hale, Jurisd. of Lords, c. 1; Fortescue, c. 8 (by Amons), with note B.; and 2 Inst. 186.

23 Rot. Parl. 611.

3 On the 24th Feb. 1640, while the trial of Lord Strafford was pending, the king came to the house, and the articles and answers were

read to his Majesty, 2 Parl. Hist.
742.

12 L. J. 318. "Charles II. being
sat, he told them it was a privilege
he claimed from his ancestors to be
present at their deliberations; that,
therefore, they should not for his
coming interrupt their debates, but

Chapter

XVIII.

Table of
Contents,

see Intro-
duction.

XVIII.

8

Chapter successors, James II., William III.,1 and Queen Anne,2 were very frequently present: but this questionable practice, which might be used to overawe that assembly, and influence their debates, has wisely been discontinued since the accession of George I. And, according to the practice of modern times, the sovereign is never personally present in Parliament, except on its opening and prorogation; and occasionally for the purpose of giving the royal assent to bills during a session.5

Committee procedure thereon, see

p. 555,

The various constitutional forms by which the Crown communicates with Parliament, and by which Parliament communicates with the Crown, will now be noticed in succession, according to their relative importance and solemnity.

cations

Crown, in person or

sion.

The most important modes by which the Crown commu- Communinicates with Parliament are exemplified on those occasions from the when his Majesty is present, in person or by commission, in the House of Lords, to open or prorogue Parliament, and by commiswhen a royal speech is delivered to both houses. In giving the royal assent to bills in person or by commission, the communication of the Crown with the Parliament is of an equally solemn character. On these occasions the whole Parliament is assembled in one chamber, and the Crown is in immediate and direct communication with the three estates of the realm.

The mode of communication next in importance is by a By message written message under the royal sign manual, to either house sign

proceed, and be covered."-Andrew
Marvell's Letters, p. 405. Nor was
Charles II. an inattentive observer;
for on the 26th Jan, 1670, he repri-
mands the Lords for their "very
great disorders, both at the hearing
of causes, and in debates amongst
themselves," 12 L. J. 413.

1 William III. was present during
the debate on the second reading of
the Abjuration Bill, 2nd May, 1690,
14 ib. 483; 3 Lord Macaulay, Hist.
347.

2 She was present for the first time on the 29th Nov. 1704, "at first

on the throne, and after, it being
cold, on a bench at the fire," Jervis-
wood Corr. 15, cited by Lord
Stanhope, Reign of Queen Anne,
166. She was present on the 15th
Nov. and 6th Dec. 1705, ib. 205.
208.

3 See 2 Lord Macaulay, Hist. 35.
42 Hatsell, 371, n.; Chitty on
Prerogatives, 74. The last occasion
appears to have been the attendance
of Queen Anne, on the 9th and 12th
Jan. 1710, during the debates upon
the war with Spain.

563 L. J. 885.

under the

manual.

1

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singly, or to both houses separately. The message is Chapter brought by a member of the house, being a minister of the Crown, or one of the royal household. In the House of Lords, the peer who is charged with the message acquaints the house from his place, that he has a message under the royal sign manual, which his Majesty had commanded him to deliver to their lordships. And the lord chancellor then reads the message at length, all the lords being uncovered; and it is afterwards read, or supposed to be re ad, again, at the table, by the Clerk. In the House of Commons, the member who is charged with the message appears at the bar, where he informs the Speaker that he has a message from the King to this house signed by his Majesty; which, on being desired by the Speaker, he brings up to the chair. The message is delivered to the Speaker, who reads it at length, while all the members of the house are uncovered.5 On the 21st March, 1882, Mr. Speaker explained that a message from the Crown, under the sign manual, was always received by members uncovered: but that this custom did not apply to an answer to an address, nor to the speech from the throne when read to the house from the chair." Subjects of The subjects of such messages are usually communications in regard to important public events which require the attention of Parliament; the calling out for service of the militia and the reserve forces (see p. 556); the prerogatives, or property of the Crown; provision for the royal family, and other occasions which compel the executive to seek for pecuniary aid from Parliament (see p. 555). They may be regarded, in short, as additions to the royal speech, at the commencement of the session, submitting other matters to the deliberation of Parliament, besides the causes of summonses previously declared.

such mes

sages.

186 C. J. 488.

2 66 L. J. 958; 89 C. J. 575.

3 If brought by one of the household, he appears in uniform-in the Lords, in his place; in the Commons, at the bar.

466 L. J. 958.

All the members present un

8

covered on the announcement of the
death of the German emperor,
Frederick, 15th June, 1888.

6 267 H. D. 3 s. 1443.

740 L. J. 186; 44 ib. 74; 82 C. J.

111.

85 ib. 466; 89 ib. 189. 579.

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