« 이전계속 »
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 Eeform crisis of 1881-82, 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.8 In the same year, the House of Lords having appointed a committee to inquire into the state of Ireland since 1885, 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.4 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;6 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
1 1 May, Const. Hist. 7th edit. * 71 L. 3. 148; 94 0. J. 202. 75-83. 4 82 L. J. 222; 105 C. J. 475.
2 Dj. 143. « 88 L. J. 583; H. D. 26th Feb.
3 lb. 415; 48 H. D. 3 s. 229, et seq., 1857, <ko. 1322; 49 ib. 128.
Chapter resolutions were agreed to in the two houses in relation to the Danish War.1
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.2 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.8
COMMUNICATIONS FROM THE CROWN TO PARLIAMENT: AND Table of FROM PARLIAMENT TO THE CROWN. ^Introduction.
King pre- The King is supposed to be present in the High Court P«rUa- °^ Parliament, by the same constitutional principle which ment. recognizes his presence in other courts :1 but he can only take part in its proceedings by means which are acknowledged 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." 2 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.8 Charles II.,* and his
1 See Hale, Jurisd. o£ Lords, c. 1; read to his Majesty, 2 Pari. Hist. Fortescue, o. 8 (by Anions), with 742.
note B.; and 2 Inst. 186. 4 12 L. J. 318. "Charles II. being
2 3 Rot. Pari. 611. sat, he told them it was a privilege
the trial of Lord Strafford was present at their deliberations; that,
pending, the king came to the house, therefore, they should not for his
and the articles and answers were coming interrupt their debates, but
Chapter successors, James II., William III.,1 and Queen Anne,3 were
* very frequently present: but this questionable practice,
which might be used to overawe that assembly, and influ-
The various constitutional forms by which the Crown
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, 2^^'° in the House of Lords, to open or prorogue Parliament, and bycommis
_ * * sion.
when 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. Committee The mode of communication next in importance is by a Bymessage tfc%on"ee written message under the royal sign manual, to either house rign"
proceed, and be covered."—Andrew on the throne, and after, it being
Marvell's Letters, p. 405. Nor was cold, on a bench at the fire," Jervis
Charles II. an inattentive observer; wood Corr. 15, cited by Lord
for on the 26th Jan. 1670, he repri- Stanhope, Reign of Queen Anne,
mands the Lords for their "very 166. She was present on the 15th
great disorders, both at the hearing Nov. and 6th Dec. 1705, ib. 205.
of causes, and in debates amongst 206.
themselves," 12 L. J. 413. 3 See 2 Lord Macaulay, Hist. 35.
1 William III. was present during '2 Hatsell, 371, n.; Chitty on
the debate on the second reading of Prerogatives, 74. The last occasion
the Abjuration Bill, 2nd May, 1690, appears to have been the attendance
14 ib. 483; 3 Lord Macaulay, Hist. of Queen Anne, on the 9th and 12th
847. Jan. 1710, during the debates upon
'She was present for the first the war with Spain,
time on the 29th Nov. 1704, "at first s 63 L. J. 885.
singly,1 or to both houses separately.2 The message is chapter
brought by a member of the house, being a minister of the Crown, or one of the royal household.8 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 be ing uncovered; and it is afterwards read, or supposed to be re ad, again, at the table, by the Clerk.4 In the Hous e of Commons, the member who is charged with the me ssage 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.6 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.6 Subjects of The subjects of such messages are usually communica!age5.mM" tions in regard to important public events which require the attention of Parliament;7 the calling out for service of the militia and the reserve forces (see p. 556); the prerogatives, or property of the Crown;8 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
1 86 C. J. 488. covered on the announcement of the
s 66 L. J. 958; 89 C. J. 675. death of the German emperor,
3 If brought by one of the house- Frederick, 15th June, 1888.
hold, he appears in uniform—in the 6 267 H. D. 3 s. 1443.
Lords, in his place; in the Commons, '40 L. J. 186; 44 ib. 74; 82 C. J.
at the bar. 111.
* 66 L. J. 958. '85 ib. 466; 89 ib. 189. 579.