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Ancient mode of petition

ing.

CHAPTER XX.

MODE OF PETITIONING PARLIAMENT.

Chapter
XX.

Table of
Contents,

see Intro

THE right of petitioning the Crown and Parliament, for duction. redress of grievances, is acknowledged as a fundamental principle of the constitution;1 and has been uninterruptedly exercised from very early times. Before the constitution of Parliament had assumed its present form, and while its judicial and legislative functions were ill-defined, petitions were presented to the Crown, and to the great councils of the realm, for the redress of those grievances which were beyond the jurisdiction of the common law. There are to Henry petitions in the Tower of the date of Edward I., before which time it is conjectured that the parties aggrieved came personally before the council, or preferred their complaints in the country before inquests composed of officers of the Crown.

From

Edward I.

IV.

Receivers

and triers of petitions.

Assuming that the separation of the Lords and Commons had been effected in the reign of Henry III. (see p. 21), these petitions appear to have been addressed to the Lords alone: but, taking the later period, of the 17th Edward III., for the separation of the two houses, they must have been addressed to the whole body then constituting the High Court of Parliament. Be this as it may, it is certain that, from the reign of Edward I., until the last year of the reign of Richard II., no petitions have been found which were addressed exclusively to the Commons.

During this period, the petitions were, with few exceptions, for the redress of private wrongs; and the mode of receiving and trying them was judicial rather than legislative. Receivers of petitions were appointed, ordinarily the masters in chancery, who, sitting in some public place

1 "Nulli negabimus, aut differemus rectum vel justitiam."-Magna Charta of King John, c. 29; see Bill

of Rights, art. 5; 1 & 2 Will. & Mary,
sess. 2, c. 2.

23 Rot. Parl. 448.

XX.

Chapter accessible to the people, received their complaints, and transmitted them to the auditors or triers. The triers were committees of prelates, peers, and judges. By them the petitions were examined; and, if the common law offered no redress, their case was submitted to the High Court of Parliament. The functions of receivers and triers of petitions have long since given way to the immediate authority of Parliament at large: but their appointment, at the opening of every Parliament, was continued by the House of Lords without interruption until the year 1886. They were constituted as in ancient times, and their appointment and jurisdiction were expressed in Norman French.2

Petitions

Commons.

bills.

In the reign of Henry IV., petitions began to be addressed, Reign of in considerable numbers, to the House of Commons. The Henry IV. courts of equity had, in the mean time, relieved Parliament to the of much of its remedial jurisdiction; and the petitions were now more in the nature of petitions for private bills than for Origin of equitable remedies for private wrongs. Of this character private were many of the earliest petitions; and the orders of Parliament upon them can only be regarded as special statutes, of private or local application. As the limits of judicature and legislation became defined, the petitions applied more distinctly for legislative remedies, and were preferred to Parliament through the Commons: 3 but in passing private bills, Parliament has retained the mixed judicial and legislative character of ancient times.

Proceeding to later times, petitions continued to be Change of received in the Lords, by triers and receivers of petitions, system. or by committees whose office was of a similar character; and in the Commons, they were referred to the committee of grievances, and to other committees specially appointed

1 See Elsynge, chap. 8; Coke, 4th Inst. 11.

221st January, 1886, 118 L. J. 19. There were receivers and triers for Great Britain and Ireland; and others for Gascony and the lands and countries beyond the sea, and the Isles. The appointment of spiritual lords as triers was discon

tinued earlier, 70 ib. 13; 73 ib. 579;
80 ib. 13; 89 ib. 11.

3 See 1 Parl. Writs, 160; 2 ib.
156; 3 Rot. Parl. 448; Coke, 4th
Inst. 11. 21. 24; Elsynge, chap. 8;
Hale, Jurisd. of the Lords, chap.
6-13; Report on Petitions, 1833
(3); especially the learned evidence
of Sir F. Palgrave.

Tumul

tuous pre

sentation of petitions.

Form of

XX.

for the examination and report of petitions:1 but since the Chapter
Commonwealth, it appears to have been the practice of
both houses to consider petitions in the first instance,2 and
only to refer the examination of them, in particular cases,
to committees. In early times, all petitions prayed for the
redress of some specific grievance: but after the Revolu-
tion of 1688, the present practice of petitioning, in respect
of general measures of public policy, was gradually in-
troduced.3

Regarding the presentation of petitions to Parliament,
statute 13 Car. II. c. 5, "enacts that no person shall
repair to both or either of the houses of Parliament upon
pretence of presenting any petition, accompanied with an
excessive number of persons, nor, at any one time, with
above the number of ten persons;" and, under statute
57 Geo. III. c. 19, s. 23, "a meeting of more than fifty
persons within the distance of one mile from the gate of
Westminster Hall, for the purpose of considering any peti-
tion to both or either house of Parliament, on any day
on which the two houses, or either house, shall meet and sit,
is an unlawful assembly."

The existing practice in regard to petitions shall be considered under three divisions: viz. 1. The form of petitions; 2. The character and substance of petitions; 3. Their presentation to Parliament.

1. Petitions to the House of Lords should be superscribed, petitions. To the right honourable the lords spiritual and temporal in Parliament assembled ;" and to the House of Commons, "To the honourable the Commons of the United Kingdom of Great Britain and Ireland in Parliament assembled." A general designation of the parties to the petition should follow; and if there be one petitioner only, his name after

1 1 C. J. 582; 2 ib. 49. 61; 3 ib. 649; 4 ib. 228; 7 ib. 287.

2 11 L. J. 9. 57. 184; 14 ib. 23; 12 C. J. 83.

3 See 13 Chas. II. c. 5; 10 C. J. 88; 13 ib. 287; ib. 518 (Kentish petition, 1701); 18 ib. 425. 429-431

(Septennial Bill); 2 Hallam Const.
Hist. 445; 2 May, Const. Hist. 60
(7th ed.).

A petition intended for the last
Parliament will not be received; see
Mirror of Parl. 1831, vol. 3, p. 2199.

XX.

Chapter this manner: "The humble petition of [here insert the name or other designation] sheweth." The general allegations of the petition are concluded by what is called the "prayer," in which the particular object of the petitioner is expressed. To the whole petition are generally added these words of form, "And your petitioners, as in duty bound, will ever pray, &c.;" to which are appended the signatures or marks of the parties.

strances.

Without a prayer, a document will not be taken as a Remonpetition; 1 and a paper, assuming the style of a declaration,2 an address of thanks, or a remonstrance only, without a proper form of prayer, will not be received.

In other cases, remonstrances respectfully worded, and concluding with a proper form of prayer, have been received: but a document, distinctly headed as a remonstrance, though concluding with a prayer, has been refused.5 A so-called memorial, properly worded, and concluding with a prayer, has been received."

9

&c.

The petition should be written upon parchment or paper, for a printed, lithographed, or type-written petition will not be received by the Commons; and at least one signatures, signature should be upon the same sheet or skin upon which the petition is written.10 It must be in the English language, or accompanied with a translation, which the member who presents it states to be correct; it must be free from interlineations or erasures; 12 it must be signed; 13 it must have original signatures or marks, and not copies signatures, from the original,14 nor signatures of agents on behalf of

Addresses

should ac

company

see p. 534.

1 7 C. J. 427; 98 ib. 457.

2 60 H. D. 3 s. 640.

3 64 ib. 423.

97 C. J. 470; 98 ib. 461; 10th Aug. 1842, 65 H. D. 3 s. 1225. 1227; 21st June, 1860, 159 ib. 761; Coast Defence Association, 6th July, 1860, ib. 1524; see also 67 C. J. 398; 74 ib. 391.

70 H. D. 3 s. 745. 6240 ib. 1682.

48 C. J. 738; 68 ib. 624. 648; 72 ib. 128. 156. This rule has not been adopted by the Lords.

852 H. D. 3 s. 158.

9 50 Parl. Deb. 4 s. 1297.

10 62 C. J. 155; 72 ib. 128. 144;
77 ib. 127; 66 H. D. 3 s. 1032; 100
C. J. 335; 109 ib. 293. If petitions
are presented without any signatures
to the sheet on which they are
written, they are not noticed in the
votes.

11 76 ib. 173. 189; 100 ib. 560.
12 82 ib. 118. 262; 86 ib. 748.
13 85 ib. 541; 91 ib. 325.
14 91 ib. 576.

Forgery or fraud.

Character and sub

XX.

others, except in case of incapacity by sickness; 1 and it Chapter
must not have letters, affidavits, appendices, or other
documents annexed. The signatures must be written upon
the petition itself, and not pasted upon, or otherwise trans-
ferred to it. Petitions of corporations aggregate should be
under their common seal.4

Any forgery or fraud in the preparation of petitions, or in
the signatures attached, or the being privy to, or cognizant
of, such forgery or fraud, is liable to be punished as a breach
of privilege," and is considered and dealt with by the house
as a matter of privilege. And there have been frequent
instances in which such irregularities have been discovered
and punished by both houses. In some cases the house
has satisfied itself by the rejection of the petition, or by
discharging the order for its lying on the table. A motion
to that effect has been permitted without previous notice;
though a claim to draw attention, as a matter of privilege,
to expressions in a petition presented at a previous sitting,
has not been conceded.11

10

2. The language of a petition should be respectful and Petitions relating to stance of temperate, and free from disrespectful language to the an election, petitions. sovereign,12 or offensive imputations upon the character or

19 C. J. 369. 433; 10 ib. 285; 34 ib. 800; Rep. Pub. Petitions Committee, 26th July, 1848, 103 ib. 786.

2 81 ib. 82; 82 ib. 41; 111 ib. 102. Special Reports Petitions committee, 104 ib. 283; 105 ib. 79.

The presentation of petitions is recorded in the Commons' Journal by a reference to that Report of the committee on Public Petitions in which they are entered (see p. 534). 5 See resolution, 2nd June, 1774, 34 C. J. 800.

6238 H. D. 3 s. 1741.

Ballinasloe petitioned (R. Pilkington), 1825, 80 C. J. 445; Athlone Election petition (T. Flanagan), 82 ib. 561. 582; 84 ib. 187; 89 ib. 92; Epworth petition, 1843, 98 ib. 523. 528; Liverpool Corporation Waterworks Bill, 82 L. J. 367. 477; Ayles

bury Election petition, 1851, 106 C.
J. 193. 289; Prince Azeem Jah (J.
M. Mitchel and others), 1865, 120 ib.
157. 336; Special Report of Com-
mittee on the Glasgow Municipality
Extension Bill, 1879, 134 ib. 175.180;
East Gloucester Railway Bill, 1862,
94 L. J. 300. 321. 378. 386; 142 C. J.
292. 306. 313.

• Halifax petition, 5th July, 1867,
122 ib. 345; Special Report of Pe-
titions committee, 22nd July, 1872,
127 ib. 370. 395.

Petitions from Dublin against
the Sale of Intoxicating Liquors on
Sunday (Ireland) Bill, 1878, 133 ib.
130. 139. 181. 184. Special Report,
20th April, 1883, 138 ib. 153.

10 228 H. D. 3 s. 1400.
11 187 ib. 14.
12 122 ib. 863.

see p. 658.

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