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Chapter
XVIII.

communi, cated to

houses.

im

This analogy between a royal speech, and a message Should be under the sign manual, is supported by several circumstances common to both. A speech is delivered to both both houses, and every message under the sign manual should also be sent, if practicable, to both houses : but when they are accompanied by original papers, they have occasionally been sent to one house only. The more proper and regular course is to deliver them on the same day: but from the casual circumstance of both houses not sitting on the same day, or other accidents, it has frequently happened that messages have been delivered on different days. Another form of communication from the Crown to either Verbal

messages. house of Parliament, is in the nature of a verbal message, delivered, by command, by a minister of the Crown, to the house of which he is a member. This communication is Members used whenever a member of either house is in custody in prisoned. order to be tried by a military court martial.

The other modes of communicating with Parliament are by the royal“ pleasure," "recommendation," or "consent,” being signified. The King's pleasure is signified at the commencement King's

pleasure of each Parliament, by the lord chancellor, that the signified. Commons should elect a Speaker; and when a vacancy in the office of Speaker occurs in the middle of a Parliament, a communication of the same nature is made by a minister, in the house (see p. 157). His Majesty's pleasure is also signified for the attendance of the Commons in the House of Peers ; in regard to the times at which he appoints to be attended with addresses; and concerning matters personally affecting the interests of the royal family. At the end of a session, also, the royal pleasure is signified, by the lord chancellor, that Parliament should be prorogued. Under this head may likewise be included the approbation of the Speaker elect, signified by the lord chancellor. The King's recommendation is signified to the Commons King's re

in commendaby a minister of the Crown, on receiving petitions, on tion.

For procedure upon the

1 2 Hatsell, 366, n.; 66 L. J. 958: 89 C. J. 575; 82 L. J. 368; 105 C. J.

539.

: 86 ib. 460.

RECOMMENDATION

AND CONSENT.

XVIIL

consent to bills.

448 KING'S RECOMMENDATION AND CONSENT.
motions for the introduction of bills, or on the offer of Chapter
other motions, involving any public expenditure or grant of
money not included in the annual estimates, whether such King's re-

commendagrant is to be made in the committee of supply, or any tion, see p. other committee; or which would have the effect of re

leasing or compounding any sum of money owing to the King's Crown (see p. 561). The King's consent is given, by a privy

councillor, to motions for leave to bring in bills ; 1 or to
amendments to bills, or to bills in any of their stages, or
to instructions to committees on bills,* or to Lords' amend-
ments to bills, which concern the royal prerogatives, the
hereditary revenues, or personal property or interests of
the Crown or Duchy of Cornwall. When the Prince of
Wales is of age, his own consent is signified, as Duke
of Cornwall, in the same manner. The mode of commu-
nicating the recommendation and consent is the same;
but the former is given at the very commencement of a
proceeding, and must precede all grants of money: while
the latter may be given at any time during the progress
of a bill, in which the consent of the Crown is required. 8
Where bills have been suffered, through inadvertence, to Restitution

bills, see p. be read a third time and passed, the proceedings have 460.

been declared null and void. Amend. In June, 1874, notice having been given of an amendcommittee ment in committee on the Valuation of Property Bill, render

inging Crown property rateable, doubts arose whether, as the the Crown.

consent of the Crown had not been signified, the question
could be put by the chairman upon such amendment: but,
after full consideration and review of precedents, it was
determined that the chairman was bound to put the question.

ments in

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1 106 C. J. 232; 107 ib. 142; 117 ib. 79. In 1853, the Queen's consent and recommendation were signified to the Land Revenues Bill, 108 ib. 625.

· 101 ib. 843; 107 ib. 321; 124 ib. 222.

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3 Second reading, 108 ib. 375; 110 ib. 290; third reading, ib. 115, &c.

4 Civil List Bill, 1837, 93 ib. 204.

98 ib. 287; 99 ib. 309; 104 ib. 192; 105 ib. 338; 23 H. D. 1 s. 474. 551.

• 107 C. J. 157.

Chapter Several precedents were found, in the previous century, in
XVIII.

which amendments affecting the interests of the Crown had
been made in committees on bills, and the consent of the
Crown was afterwards signified when such amendments were
agreed to upon the report. Hence it appeared that it was
for the house, and not for the committee, which cannot
receive any communication from the sovereign, to guard the
interests of the Crown. And it is clear, from many pre-
cedents, that the house itself is reluctant to interfere for
that purpose until the very latest stages of the bill.
The same point of practice arose in the House of Lords, Consent of

the Crown
on the 1st July, 1844, on the third reading of the St. Asaph withheld.
and Bangor Dioceses Bill. A select committee was ap-
pointed to search for precedents, who reported that there
were no precedents : but that the bill belonged to that
class to which it had been the usage to give the consent
of the Crown before passing the house ; and that it had
been the custom to receive such consent at various stages.
The consent of the Crown was withheld; and, again in
1866, on the third reading of the Blackwater Bridge Bill,
notice being taken that the Queen's consent had not been
signified, Mr. Speaker declined to put the question. In
1868, the Peerage (Ireland) Bill was withdrawn upon the
second reading, when it was intimated that ministers
would not advise her Majesty to give her consent to the
bill at a later stage.5

Another form of communication, similar in principle to Crown the last, is when the Crown “places its interest at the disposal of Parliament,” which is signified in the same the

posal of manner, by a minister of the Crown. In 1833, the King Parlia

aces its terests at

he dis

ment.

i Offences against Customs and Excise Laws Bill, 12th May, 1736, 22 C. J. 714; Murder of Captain Porteous Bill, 15th June, 1737, 22 ib. 899; Westminster Bridge Bill, 23rd March, 1740, 23 ib. 693 ; Tenure of Ward-holding (Scotland) Bill, 22nd May, 1747, 25 ib. 392.

2 220 H. D. 3 s. 641.

3 1st & 2nd Rep. 76 ib. 122. 294. 422. 591.

· 121 C. J. 423.
5191 H. D. 3 s. 1564.

6 Church Temporalities (Ireland)
Bill, 1833, 88 C. J. 381; Church of
Ireland Bill, 1835, 90 ib. 447; 91 ib.
427; 95 ib. 385; and Established
Church (Wales) Bill, 1695, 150 ib.
182; Benefices (No. 2) Bill, 1898,
153 ib. 285; Osborne Estate Bill,
1902, 157 ib. 461 ; Irish Land Bill,
1903, 158 ib. 340.

had referred, in his speech from the throne, to a measure Chapter

XVIII. relating to the church temporalities in Ireland, and before -going into committee upon that subject, his Majesty's recommendation had been signified. Yet objection was taken upon the second reading of the bill, that the King had not formally placed his interests in the Irish bishoprics at the disposal of Parliament ;' and a communication, in proper form, was afterwards made to that effect. In 1868, the Government being unwilling to advise the Queen to place her interest in the temporalities of the bishoprics and benefices in Ireland at the disposal of Parliament, the House of Commons voted an address to her Majesty, praying that such interest should be placed at their disposal. In reply, the Queen desired that her interest should not stand in the way of the consideration of any measure relating to the Irish Church, and the bill for suspending appointments to bishoprics and benefices in Ireland was proceeded with, and passed by the Commons, in opposition to the ministers of the Crown. A similar course was adopted by the Lords,

in 1875, in regard to Irish peerages. 3 Constitu- These several forms of communication are recognized

- as constitutional declarations of the Crown, suggested by these com- the advice of its responsible ministers, by whom they are

announced to Parliament, in compliance with established
usage. They cannot be misconstrued into any interference
with the proceedings of Parliament, as some of them are
rendered necessary by resolutions of the House of Commons,
and all are founded upon parliamentary usage, which both
houses have agreed to observe. This usage is not binding
upon Parliament: but if, without the consent of the Crown,
previously signified, Parliament should dispose of the
interests or affect the prerogative of the Crown, the Crown
could still protect itself, in a constitutional manner, by the
refusal of the royal assent to the bill. And it is one of the
advantages of this usage, that it obviates the necessity of
resorting to the exercise of that prerogative.

tional cha. racter of

munications.

: 225 H. D. 3 s. 1210.

1 17 H. D. 3 s. 966. ? 123 C. J. 160. 170.

acknow

in answer

Chapter Having enumerated all the accustomed forms in which How
XVIII.

: the royal will is made known to Parliament, it may now be ledged.

shown, in the same order, in what manner they are severally
acknowledged by each house.

The forms observed on the meeting and prorogation of Addresses
Parliament, and the proceedings connected with the address to written
in answer to the royal speech, were described in the seventh messages.
chapter (see p. 171), and the royal assent to bills will be
treated of hereafter (see p. 510). Messages under the royal
sign manual are generally acknowledged by addresses in
both houses, which are presented from one house by the
“lords with white staves," i.e. the lord steward and the
lord chamberlain; or sometimes by other lords specially
named; and from the other by privy councillors, or members
of the royal household, in the same manner as addresses in
answer to royal speeches, when Parliament has been opened

by commission (see p. 173)."
Concurrent In the Commons, however, it is not always necessary to
the Lords, reply to messages under the sign manual by address; as a
see p. 573.

prompt provision, made by that house (see p. 588), is
itself a sufficient acknowledgment of royal communications
for pecuniary aid; whilst messages, other than messages
touching pecuniary aid, such as messages relating to
important public events, or matters connected with the
prerogatives, interests, or property of the Crown ;8 or which
call for general legislative measures, * are answered by an

address. Examples When the house is informed, by command of the Crown, To verbal

messages. communi- of the arrest of a member to be tried by a military court

o martial, it immediately resolves upon an address of thanks p. 117.

to his Majesty, “ for his tender regard to the privileges of
this house." 5 But as the arrest of a member to be tried

address by

of such

1 109 C. J. 169; 132 H. D. 3 s. 307.

? 82 C. J. 114, &c.; assassination of the Emperor of Russia, 1881, 136 ib. 223; calling out the reserve force, 1882, 137 ib. 399.

: 85 ib. 466 ; 89 ib. 578; 95 ib.

520.
+ 85 C. J. 214.

70 ib. 70. An address was also voted in reply to the communication of Lord George Gordon's arrest in 1780, 37 ib. 903.

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