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communiated to

houses.

messages.

im.

oned.

Chapter This analogy between a royal speech, and a message should be
XVIII.

under the sign manual, is supported by several circum-
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

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 or
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 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. For pro The King's recommendation is siguified to the Commons King's recedure

on the by a minister of the Crown, on receiving petitions, on til

pleasure

commenda

1 2 Hatsell, 866, n.; 66 L. J.958: 89 C. J. 575; 82 L. J. 368; 105 C. J.

539.

? 86 ib. 460.

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559.

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 ro

commenda. grant 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
consent to
bills.

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 amendments in committee ment in committee on the Valuation of Property Bill, render

og ing 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.

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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.

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.

5 101 ib. 892; 103 ib. 729 ; 126 ib. 355.

677 ib. 408; 86 ib. 485. 550; 91 ib. 548; 105 ib. 492.

; 118 ib. 310; 119 ib. 368.

& 98 ib. 287; 99 ib. 309; 104 ib. 192; 105 ib. 338; 23 H. D. 1 s. 474. 551. 9107 C. J. 157.

XVI.

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

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.3
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 withhela.
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.3
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

w places its the last, is when the Crown “places its interest at the Interes disposal of Parliament,” which is signified in the same the dis

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

ment. i Offences against Customs and 121 C. J. 423. Excise Laws Bill, 12th May, 1736, 5191 H. D. 3 s. 1564. 22 C. J. 714; Murder of Captain * Church Temporalities (Ireland) Porteous Bill, 15th June, 1737, 22 ib. Bill, 1833, 88 C. J. 381; Church of 899; Westminster Bridge Bill, 23rd Ireland Bill, 1835, 90 ib. 447; 91 ib. March, 1740, 23 ib. 693; Tenure of 427; 95 ib. 385; and Established Ward-bolding (Scotland) Bill, 22nd Church (Wales) Bill, 1895, 150 ib. May, 1747, 25 ib. 392.

182; Benefices (No. 2) Bill, 1898, : 220 H. D. 3 s. 641.

153 ib. 285; Osborne Estate Bill, 3 1st & 2nd Rep. 76 ib. 122. 294. 1902, 157 ib. 461; Irish Land Bill, 422, 591.

1903, 158 ib. 340.

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

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

racter of

munica

3 225 H. D. 3 s. 1210.

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

ckn

w

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 ledger 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 wri 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
address by
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 of such

messages. communi- of the arrest of a member to be tried by a military court p. 117.

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

cations, see

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