writ of summons
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A writ of summons is a formal document issued by the monarch that enables someone to sit in a
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
under the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
's Westminster system. At the beginning of each new Parliament, each person who has established their right to attend Parliament is issued a
writ In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, a ...
of summons. Without the writ, they are unable to sit or vote in Parliament. In most countries, the constitutional logic of a Parliament as a "creature of the Head of State" does not exist; instead, the Parliament is considered to have an independent existence in its own right springing directly from the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed. When ...
. Accordingly, there are no writs of summons, although members of Parliament have their memberships certified by an
Election commission An election commission is a body charged with overseeing the implementation of electioneering process of any country. The formal names of election commissions vary from jurisdiction to jurisdiction, and may be styled an electoral commission, a c ...
,
returning officer In various parliamentary systems, a returning officer is responsible for overseeing elections in one or more constituencies. Australia In Australia a returning officer is an employee of the Australian Electoral Commission or a state electoral c ...
or other similar body.


History

Writs of summons generally follow the same form, whose nature has changed but little over the centuries. The words "writ" and "summons" appear nowhere in the writ. Additional text may appear in the writ. For example, in the year 1264–5. At that time,
Henry III of England Henry III (1 October 1207 – 16 November 1272), also known as Henry of Winchester, was King of England, Lord of Ireland, and Duke of Aquitaine from 1216 until his death in 1272. The son of King John and Isabella of Angoulême, Henry a ...
was concerned for his first-born, The Lord Edward because he had been ransomed for the more equitable distribution of power, which in the event was obtained by the Parliament holden at London on 20 January 1265. By 1295 now under
Edward I of England Edward I (17/18 June 1239 – 7 July 1307), also known as Edward Longshanks and the Hammer of the Scots, was King of England and Lord of Ireland from 1272 to 1307. Concurrently, he ruled the duchies of Aquitaine and Gascony as a vassa ...
the form had changed. In fact, the writs of summons to that Parliament "are evidence about the nature and function of the developing body." The forms of address are particularly curious as they number three in type: whether it was to a
prelate A prelate () is a high-ranking member of the Christian clergy who is an ordinary or who ranks in precedence with ordinaries. The word derives from the Latin , the past participle of , which means 'carry before', 'be set above or over' or 'pref ...
, a
baron Baron is a rank of nobility or title of honour, often hereditary, in various European countries, either current or historical. The female equivalent is baroness. Typically, the title denotes an aristocrat who ranks higher than a lord or knig ...
or a representative of a
shire Shire is a traditional term for an administrative division of land in Great Britain and some other English-speaking countries such as Australia and New Zealand. It is generally synonymous with county. It was first used in Wessex from the beginn ...
or
town A town is a human settlement. Towns are generally larger than villages and smaller than cities, though the criteria to distinguish between them vary considerably in different parts of the world. Origin and use The word "town" shares an ori ...
. And the latter are informed that "Since we intend to have a consultation and meeting with the barons" now therefore "we strictly require you to cause... to be elected without delay" various delegates of the lieux. It is established precedent that the sovereign may not deny writs of summons to qualified peers. In 1626, King
Charles I Charles I may refer to: Kings and emperors * Charlemagne (742–814), numbered Charles I in the lists of Holy Roman Emperors and French kings * Charles I of Anjou (1226–1285), also king of Albania, Jerusalem, Naples and Sicily * Charles I of ...
ordered that the writ of summons of
John Digby, 1st Earl of Bristol John Digby, 1st Earl of Bristol (February 1580 – 21 January 1653),David L. Smith, 'Digby, John, first earl of Bristol (1580–1653)’, ''Oxford Dictionary of National Biography'', Oxford University Press, 2004; online edn, Jan 2008. was an E ...
not be issued. Lord Bristol had been charged with treason but was never tried. He complained to the House of Lords, which resolved that the denial of a writ to an eligible peer was without precedent and that the sovereign should immediately issue a writ of summons, which did occur.


Modern forms


To Peers

Modern summonses are without reference to royal hostages but in essence they flow in the same way. Firstly, they set out the titles of the Sovereign, and then those of the recipient. Next, they note the date for Parliament's calling and the reason for its calling. This portion of the writ differs based on whether Parliament is at the time sitting, or
prorogued A legislative session is the period of time in which a legislature, in both parliamentary and presidential systems, is convened for purpose of lawmaking, usually being one of two or more smaller divisions of the entire time between two elections ...
, or dissolved. Then, after commanding the recipient to attend, the writ indicates that the sovereign him or herself witnesses it. The form of writs issued to
Peers Peers may refer to: People * Donald Peers * Edgar Allison Peers, English academician * Gavin Peers * John Peers, Australian tennis player * Kerry Peers * Mark Peers * Michael Peers * Steve Peers * Teddy Peers (1886–1935), Welsh international ...
while Parliament is dissolved is as follows: In the case of writs issued to Peers when Parliament is prorogued, the form of the first sentence of the second paragraph changes: In the case of writs issued during a session of Parliament, the form of the first sentence of the second paragraph changes:


References

{{reflist Westminster system Parliamentary procedure Politics of the United Kingdom Government in Canada Constitution of the United Kingdom Constitution of Australia Constitution of Canada Constitution of New Zealand