Chiltern Hundreds
Appointment to the office of Crown Steward and Bailiff of the Three Hundreds of Chiltern is a sinecure appointment which is used as a device allowing a Member of the United Kingdom Parliament (MP) to resign his or her seat[1].
A hundred is a traditional division of an English county, and the three hundreds of Stoke, Desborough, and Burnham, are in Buckinghamshire. These three hundreds are situated in the hilly, wooded Chiltern Hills, which were once notorious as a hiding place for robbers.
The hundreds have been Crown property since at least the 13th century and a Crown Steward and Bailiff was appointed to maintain law and order in the area. As the area became more civilised, the position's duties ceased to be required in the 16th century, and the holder ceased to gain any benefits during the 17th century.
The position of Crown Steward and Bailiff of the Chiltern Hundreds is now used as a procedural device to effect resignation from the House of Commons, as British MPs are not permitted simply to resign their seat. This legal anomaly dates back to a 2 March 1623 resolution of the House of Commons, passed at a time when MPs were often elected to serve against their will.
As an instrument of resignation, the role is usually alternated with that of Steward and Deputy Steward of the Manor of Northstead in Yorkshire. Under the Act of Settlement, any Member of Parliament accepting an office of profit under the Crown must give up his or her seat. An MP applies for the office to the Chancellor of the Exchequer, who usually then signs a warrant appointing the now former MP. The Chancellor can in theory deny an application, although the last time this happened was to Viscount Chelsea in 1842.[2] The appointee holds the office until such time as another MP is appointed, or they apply to be released.
The position is currently vacant. The last Crown Steward and Bailiff was David Davis, however he was released from the post by the Chancellor immediately after his appointment in order to fight the by-election he had triggered - he would have been ineligible to resume his seat whilst still holding the position (supposing that he won the by-election). [3]
References
- ^ "The Chiltern Hundreds" (PDF). House of Commons Information Office. 2008-06-01. Retrieved 2008-06-12.
- ^ See the parliamentary Annual Register 1842 (Google Books)
- ^ http://www.hm-treasury.gov.uk/newsroom_and_speeches/press/2008/press_63_08.cfm