XVIII. communi houses. Chapter This analogy between a royal speech, and a message Should be under the sign manual, is supported by several circum-cated to stances 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.1 For procedure messages. Another form of communication from the Crown to either Verbal 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. im 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 reby a minister of the Crown, on receiving petitions, on tion commenda King's consent to bills. Amendments in the Crown. 1 3 XVIII. commenda 559. motions for the introduction of bills, or on the offer of Chapter In June, 1874, notice having been given of an amendcommittee ment in committee on the Valuation of Property Bill, renderaffecting ing Crown property rateable, doubts arose whether, as the 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. 1106 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. 2 101 ib. 843; 107 ib. 321; 124 ib. 222. 3 Second reading, 108 ib. 375; 110 ib. 290; third reading, ib. 115, &c. Civil List Bill, 1837, 93 ib. 204. 3 101 ib. 892; 103 ib. 729; 126 ib. 355. 6 77 ib. 408; 86 ib. 485. 550; 91 ib. 548; 105 ib. 492. 118 ib. 310; 119 ib. 368. 8 98 ib. 287; 99 ib. 309; 104 ib. 192; 105 ib. 338; 23 H. D. 1 s. 474. 551. 9107 C. J. 157. bills, see p. Chapter Several precedents were found, in the previous century, in been made in committees on bills, and the consent of the the Crown The same point of practice arose in the House of Lords, Consent of on the 1st July, 1844, on the third reading of the St. Asaph withheld. and Bangor Dioceses Bill. A select committee was appointed 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. 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 In places its Another form of communication, similar in principle to Crown the last, is when the Crown "places its interest at the interests at disposal of Parliament," which is signified in the same manner, by a minister of the Crown." In 1833, the King Parlia 1 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. 4 121 C. J. 423. 5 191 H. D. 3 s. 1564. • 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, 1895, 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. the disposal of ment. Constitutional character of munica tions. XVIII. had referred, in his speech from the throne, to a measure Chapter 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. Chapter Concurrent address by see p. 573, acknow Having enumerated all the accustomed forms in which How 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. in answer 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).1 In the Commons, however, it is not always necessary to the Lords, reply to messages under the sign manual by address; as a 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; 3 or which call for general legislative measures, are answered by an address. Examples of such 8 messages. When the house is informed, by command of the Crown, To verbal communi- of the arrest of a member to be tried by a military court cations, see martial, it immediately resolves upon an address of thanks to his Majesty, "for his tender regard to the privileges of this house." 5 But as the arrest of a member to be tried p. 117. 1 109 C. J. 169; 132 H. D. 3 s. 307. 2 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. 485 C. J. 214. 5 70 ib. 70. An address was also voted in reply to the communication of Lord George Gordon's arrest in 1780, 37 ib. 903. |