Hubbry Logo
search
logo
Chiltern Hundreds avatar
Chiltern Hundreds
Chiltern Hundreds
current hub
C

Chiltern Hundreds

logo
Community Hub0 Subscribers
Read side by side
Chiltern Hundreds
View on Wikipedia
from Wikipedia

The Chiltern Hundreds is an ancient administrative area in Buckinghamshire, England, composed of three ancient hundreds and lying partially within the Chiltern Hills. "Taking the Chiltern Hundreds" refers to one of the legal fictions used to effect resignation from the House of Commons of the United Kingdom. Since Members of Parliament are not permitted to resign, they are instead appointed to an "office of profit under the Crown", which requires MPs to vacate their seats. The ancient office of Crown Steward and Bailiff of the Chiltern Hundreds, having been reduced to a mere sinecure by the 17th century, was first used by John Pitt (of Encombe) in 1751 to vacate his seat in the House of Commons. Other titles were also later used for the same purpose, but only those of the Chiltern Hundreds and the Crown Steward and Bailiff of the Manor of Northstead are still in use.

Three Chiltern Hundreds

[edit]
The three Chiltern Hundreds (black) shown in Buckinghamshire

A hundred is a traditional division of an English county: the Oxford English Dictionary says that the etymology is "exceedingly obscure". The three Chiltern Hundreds were Stoke Hundred, Desborough Hundred, and Burnham Hundred. The area had been Crown property as early as the 13th century.[1]

Steward and bailiff

[edit]

Original role

[edit]

Through the Saxon and early Norman periods the area was administered by an elder. But by the late Middle Ages the office holder was elected from among a hundred's notable landholding families. As the area was wild and notorious for outlaws, a steward and bailiff was appointed directly by the Crown (thus as a royal bailiwick it was a legal office answerable to the reigning monarch) to maintain law and order. However, by the end of the 16th century such positions had been overtaken by changes in local and Crown representations and roles – the government of Elizabeth I had established royal representatives (Justices of the Peace, Sheriffs, and Lords Lieutenant) in every county of England and Wales; they ensured that Royal commands and laws were obeyed.[2] By the 17th century the office of steward and bailiff had been reduced to just a title with no attached powers or duties.[1]

Resignation from the House of Commons

[edit]
Main article: Resignation from the House of Commons of the United Kingdom
See also: List of stewards of the Chiltern Hundreds

In the 17th century Members of Parliament (MPs) were sometimes elected against their will.[3] On 2 March 1623, a resolution was passed by the House of Commons making it illegal for an MP to quit or wilfully give up his seat.[4] Believing that officers of the Crown could not remain impartial, the House passed a resolution on 30 December 1680 stating that an MP who "shall accept any Office, or Place of Profit, from the Crown, without the Leave of this House ... shall be expelled [from] this House." However, MPs were able to hold Crown Stewardships until 1740, when Sir Watkin Williams-Wynn was deemed to have vacated his Commons seat after becoming Steward of the Lordship and Manor of Bromfield and Yale.[1]

The post of Crown Steward and Bailiff of the three Chiltern Hundreds of Stoke, Desborough and Burnham remained a nominal office of profit under the Crown, even though it had lost its original significance. It became the first office to be used for resignation when John Pitt was appointed Crown Steward on 25 January 1751. A number of other offices have also been used, but only the Chiltern Hundreds and the Crown Steward and Bailiff of the Manor of Northstead are still in use.[1]

See also

[edit]

References

[edit]
[edit]
Revisions and contributorsEdit on WikipediaRead on Wikipedia

Chiltern Hundreds

View on Grokipedia
from Grokipedia
The Stewardship of the Chiltern Hundreds, formally the Crown Steward and Bailiff of the Chiltern Hundreds, is a nominal office under the Crown pertaining to three ancient administrative hundreds—Desborough, Burnham, and Stoke—in Buckinghamshire, England.[1] Appointment to this unpaid sinecure, which carries no actual duties or emoluments, disqualifies a sitting Member of Parliament (MP) from the House of Commons under the House of Commons Disqualification Act 1782, as it constitutes an office of profit under the Crown; this provides the procedural mechanism for an MP to voluntarily vacate their seat, since direct resignation is barred by a 1624 resolution of the House prohibiting MPs from abandoning their electoral trust without disqualification, expulsion, or death.[2][3] The practice originated in the mid-18th century, with the first documented use occurring on 25 January 1751, when John Pitt of Dorchester accepted the stewardship to facilitate his re-election elsewhere after an earlier appointment.[3] Historically rooted in the Crown's 13th-century commission of stewards to maintain order in the lawless Chiltern region, the office evolved into a purely formal device by the 19th century, often invoked in literature such as Anthony Trollope's novels to denote parliamentary exit.[1] To accommodate multiple simultaneous resignations—since only one person can hold the office at a time—the Crown Steward and Bailiff of the Manor of Northstead, another fictitious Crown office in the North Riding of Yorkshire, serves as an alternate, with appointments alternating between the two as needed.[2][3] This system remains in active use, as evidenced by recent appointments such as that of former MP Nadine Dorries in August 2023, underscoring its enduring role in British parliamentary procedure without substantive alteration despite periodic legislative scrutiny.[4]

Historical and Geographical Origins

The Three Ancient Hundreds

The Chiltern Hundreds comprise three ancient administrative divisions in Buckinghamshire: Stoke Hundred, Desborough Hundred, and Burnham Hundred. These hundreds, situated in the southern part of the county, encompass rural landscapes partially within the Chiltern Hills, including towns such as Amersham, Beaconsfield, High Wycombe, and Marlow.[5] In the Domesday Book of 1086, they were recorded under the names Essedene, Votesdon, and Tichesele, reflecting their pre-Norman establishment as key territorial units.[6] Originating in the Anglo-Saxon era, hundreds functioned as subdivisions of the shire for purposes of local governance, taxation, judicial administration, and the organization of military obligations, typically encompassing an area equivalent to about 100 hides of land. The Chiltern examples were grouped together by the 13th century due to their shared Crown ownership and geographical proximity, though only Desborough lay directly within the core Chiltern Hills ridge.[7] These hundreds covered predominantly wooded and hilly terrain, which historically facilitated evasion by outlaws and contributed to regional challenges in maintaining order, as noted in medieval records of frequent offenses along royal roads passing through Burnham and Desborough.[8] Today, their boundaries partially overlap with the Chiltern Hills Area of Outstanding Natural Beauty, designated in 1965 to preserve the area's chalk downlands, beech woodlands, and valleys spanning over 800 square kilometers across Buckinghamshire and neighboring counties.

Administrative Role in Medieval England

In medieval England, hundreds functioned as fundamental subdivisions of shires, serving as fiscal and judicial districts under direct Crown oversight from the 11th century. These units facilitated the collection of royal revenues, such as the geld tax assessed on hides of land, and hosted periodic courts to adjudicate minor criminal and civil matters, enforce frankpledge systems for mutual surety, and mobilize local forces for defense. Post-Norman Conquest, William I's administration integrated and standardized this Anglo-Saxon framework to centralize authority, using hundreds to audit landholdings and extract systematic tribute amid efforts to suppress residual disorder.[8][9] The Chiltern Hundreds—comprising Burnham, Desborough, and Stoke—exemplified this role in Buckinghamshire, where the hilly, forested terrain of the Chiltern Hills fostered banditry and evasion of royal authority along key routes to London and Oxford. Recorded in the Domesday Book of 1086, these hundreds encompassed estates valued for their agricultural yields, including arable ploughlands, meadows for hay, and woodlands providing pannage for swine and timber resources, underscoring their economic importance to the Crown's fiscal apparatus. The survey's detailed hidations—Desborough at approximately 50 hides, Burnham and Stoke similarly scaled—enabled precise revenue assessment, reflecting Norman efforts to impose order and extract wealth from previously unruly borderlands.[10][11][12] This administrative structure laid the groundwork for ongoing Crown intervention in the region, as the hundreds' judicial functions addressed local lawlessness through sworn juries and fines, while fiscal duties ensured steady inflows to the royal exchequer. By the 12th century, such mechanisms had solidified royal dominance, transforming the Chiltern areas from peripheral enclaves of resistance into integrated components of centralized governance.[8]

The Stewardship Office

Original Duties and Appointment

The office of Crown Steward and Bailiff of the Chiltern Hundreds emerged in the 13th century, when the three hundreds of Stoke, Desborough, and Burnham in Buckinghamshire fell under direct Crown administration as a royal bailiwick.[5] Appointed by the monarch, the steward held authority to enforce royal justice across this rugged, forested terrain, which harbored outlaws and robbers exploiting the dense beech woods for concealment and predation.[13] Primary responsibilities encompassed suppressing criminal bands through organized patrols and pursuits, authorizing arrests of fugitives, and overseeing the collection of revenues from judicial fines, forfeitures, and related escheats to bolster Crown coffers.[5] The bailiff operated as the steward's deputy, focusing on operational execution such as serving warrants, conducting seizures of illicit goods, and detaining suspects in line with the steward's directives. Royal commissions during the reign of Edward I (1272–1307) exemplify this framework, granting officials in analogous forest bailiwicks powers to investigate robberies, compel oaths of allegiance against malefactors, and remit proceeds from captured outlaw property to the Exchequer, underscoring the steward's mandate to restore order amid prevalent lawlessness.[14] Though entailing only a nominal fixed salary, the stewardship constituted an office of profit under the Crown by virtue of ancillary emoluments, including entitlements to portions of goods confiscated from apprehended robbers and outlaws, which could yield variable but substantive gains depending on enforcement efficacy.[15]

Evolution and Obsolescence by the 19th Century

By the 17th century, the stewardship of the Chiltern Hundreds had evolved into a sinecure, with its core duties of policing the region against outlaws and maintaining order supplanted by general advancements in governance and reduced incidence of banditry. The position, once requiring active oversight of the hundreds of Stoke, Desborough, and Burnham, no longer entailed enforcement or administrative exertion, as societal changes diminished the threats it was designed to counter.[16] This decline accelerated in the 18th and early 19th centuries alongside broader reforms in law enforcement and land management. The creation of professional police forces, starting with the Metropolitan Police Act of 1829—which established a salaried, organized constabulary in London under Sir Robert Peel and set a model for provincial forces—eliminated reliance on localized stewards for public order. Concurrently, parliamentary enclosure acts, peaking between 1760 and 1830, transformed the Chilterns' wooded commons into enclosed farmlands, curtailing habitats for illicit activity and further obviating the steward's role; in the Chilterns specifically, such enclosures accounted for about 21% of land conversion by the 19th century.[17] Despite these developments, the office persisted as a nominal Crown appointment into the 19th century, held sporadically without remuneration or obligations, preserving its legal status as an office of profit under the Crown while stripped of practical utility.[18] Local governance shifts, including the Poor Law Amendment Act 1834, delegated responsibilities to elected boards, rendering the stewardship's oversight redundant in an era of centralized administration.

Parliamentary Resignation Mechanism

Constitutional Prohibition on Direct Resignation

On 2 March 1624, the House of Commons passed a resolution declaring that "a man, after he is duly chosen, cannot relinquish," thereby prohibiting Members of Parliament (MPs) from directly resigning their seats.[19] This measure established that MPs serve at the pleasure of the Crown, bound to their role until the dissolution of Parliament, their death, expulsion by the House, or legal disqualification.[2] The resolution formalized a longstanding principle that parliamentary membership constitutes a public trust entrusted by electors, not a personal appointment subject to unilateral termination.[20] The rationale underpinning the prohibition stemmed from the 17th-century conception of MPs as representatives obligated by their election to fulfill a duty to constituents and the realm, rather than as employees free to depart at will. At the time, service in the Commons often entailed uncompensated burdens, including travel, time away from private affairs, and potential personal risk amid political tensions; allowing resignation could enable evasion of these responsibilities or creation of vacancies driven by individual caprice, undermining representational stability.[19] This view aligned with broader constitutional ideas of elected office as a solemn obligation, where relinquishing a seat equated to betraying the electorate's mandate.[2] Enforced primarily through House precedents rather than statute, the convention has withstood challenges, with Speakers of the Commons rejecting direct resignation attempts on multiple occasions. No formal repeal has occurred, preserving its status as an enduring parliamentary norm operative as of the 21st century.[19][20]

Procedural Use of the Chiltern Hundreds Appointment

A Member of Parliament seeking to vacate their seat requests appointment as Crown Steward and Bailiff of the Chiltern Hundreds by submitting a letter to the Chancellor of the Exchequer.[21] The Chancellor, acting on behalf of the Crown, issues a warrant of appointment, which the MP formally accepts.[1] This acceptance immediately disqualifies the MP from holding their seat, as the stewardship constitutes an office of profit under the Crown pursuant to section 4 of the House of Commons Disqualification Act 1975. The resulting vacancy triggers the issuance of a writ for a by-election, unless the Parliament is near dissolution.[3] The appointed steward performs no substantive duties and receives no salary or emoluments, rendering the role purely procedural and titular.[2] The office remains with the appointee only until reassigned to another MP, ensuring its availability for subsequent resignations without creating a permanent vacancy in Crown offices.[21] This nominal holding preserves the mechanism's functionality while adhering to constitutional requirements that bar direct resignation, as established by a House of Commons resolution on 2 March 1624.[2] The first documented procedural application occurred on 25 January 1751, when John Pitt, MP for Wareham, sought the stewardship to contest the Dorchester seat, thereby vacating his prior constituency.[5] Initially an ad hoc expedient among various Crown sinecures, the Chiltern Hundreds appointment standardized as the preferred device for resignation by the mid-19th century, supplanting less consistent alternatives due to its reliability and lack of practical obligations.[3]

Alternation with the Manor of Northstead

The Manor of Northstead, situated in Yorkshire, serves as the primary alternative sinecure to the Chiltern Hundreds for facilitating the effective resignation of Members of Parliament (MPs), with its stewardship first utilized for this purpose on 20 March 1844 when granted to Sir George Rose, MP for Christchurch.[5] Like the Chiltern Hundreds, it imposes no actual duties or emoluments, functioning solely as an unpaid office of profit under the Crown that automatically disqualifies the appointee from Commons membership under the House of Commons Disqualification Act 1801.[20] This equivalence in disqualifying effect ensures no substantive difference in procedural utility or prestige between the two offices. The introduction of the Manor of Northstead addressed the limitation that only one individual may hold either stewardship at any given time, thereby preventing delays in multiple simultaneous resignations that could arise from overuse of a single office.[1] A longstanding convention dictates alternating appointments between the two, coordinated by the government and opposition whips to track current holders and assign the vacant office pragmatically based on availability.[1] This practice enables up to two MPs to vacate their seats concurrently without procedural impasse, with no formal preference for one over the other. Parliamentary records, including by-election writs and the Commons Journal, provide verifiable documentation of such appointments from the mid-19th century onward, reflecting consistent application without variation in disqualifying outcomes.[21]

Notable Historical and Recent Applications

First Recorded Use in 1751

The first documented instance of the Stewardship of the Chiltern Hundreds being employed to facilitate a member's departure from the House of Commons took place on 17 January 1751, when John Pitt, Member of Parliament for Old Sarum, was appointed to the office by warrant under the Great Seal.[20] Pitt, a member of the influential Pitt family with ties to Whig politics, utilized this mechanism to vacate his seat amid efforts to shift his parliamentary representation, subsequently standing unopposed and winning election for Dorchester later that year.[20] This maneuver reflected the era's pocket borough dynamics, where familial and patronage networks dictated electoral control, allowing Pitt to realign without direct resignation, which remained constitutionally barred under a 1624 House resolution.[5] Prior to 1751, analogous sinecure appointments had served similar purposes, including the Receivership of the Pelhams granted in 1740 to enable an MP's exit, but these were ad hoc and tied to specific crown revenues or manors with potential residual implications.[20] The Chiltern Hundreds stewardship emerged as the preferred instrument due to its medieval antiquity—originating from 11th-century administrative divisions—and its obsolescent nature, involving no active duties beyond nominal oversight of bailiwick forests, thus ensuring procedural neutrality without conferring meaningful profit or influence that might invite scrutiny under place-holding laws.[5] Parliamentary journals recorded Pitt's appointment and the ensuing by-election writ without debate or challenge, signaling tacit acceptance of the device as a workaround for the prohibition on voluntary resignation, which stemmed from 17th-century views of membership as a public duty rather than a personal office.[20] This unchallenged implementation anchored the practice, distinguishing it from earlier, less standardized uses of crown offices and setting a precedent for future applications in an era of increasing electoral fluidity under the unreformed Parliament.[5]

Key Instances in the 20th and 21st Centuries

Horatio Bottomley, the independent Member of Parliament for Hackney South, was appointed Steward of the Chiltern Hundreds on 18 May 1912 following a court judgment that declared him bankrupt for the second time, amid ongoing financial scandals including fraud allegations related to his business ventures.[22][23] This appointment forced his vacating of the seat, as bankruptcy disqualified him from holding office, highlighting the mechanism's role in expediting departures under legal pressure during the early 20th century.[24] In the mid-20th century, Horace King, Labour MP for Southampton Itchen and former Speaker of the House of Commons from 1965 to 1970, accepted the Chiltern Hundreds stewardship around 1970-1971 upon his retirement from Parliament, shortly before receiving a life peerage as Baron King of Wendover.[25] This instance reflected the declining use of peerages as an alternative resignation route after the Life Peerages Act 1958, positioning the stewardship as a primary procedural tool for Labour figures seeking to exit without direct resignation.[26] Into the 21st century, the appointment remains a standard mechanism for voluntary departures across parties, with no evident partisan skew in its application, as the offices of Chiltern Hundreds and Manor of Northstead are alternated irrespective of affiliation.[3] Notable recent cases include former Prime Minister Boris Johnson, who was appointed Steward on 12 June 2023 after announcing his resignation from the Uxbridge and South Ruislip seat amid scrutiny from a Commons privileges committee report on misleading Parliament.[27] Similarly, Nadine Dorries, Conservative MP for Mid Bedfordshire, received the appointment on 29 August 2023, over 80 days after her initial 9 June announcement, drawing criticism for delaying a by-election during a period of internal party tensions.[28][29] These examples underscore the procedure's ongoing utility in facilitating exits while adhering to constitutional constraints.

Implications for Parliamentary Accountability

The appointment to the Stewardship of the Chiltern Hundreds serves as a procedural mechanism enabling Members of Parliament (MPs) to voluntarily vacate their seats without requiring expulsion or other involuntary measures, thereby allowing constituents to elect a replacement through a by-election. This disqualification under the House of Commons Disqualification Act 1975, by accepting an office of profit from the Crown, ensures that MPs facing personal, professional, or ethical challenges can exit tenure promptly, maintaining electoral accountability by triggering writs for new polls typically within days of the appointment.[2][19] In practice, this process has facilitated by-elections that test parliamentary seating rights, as seen in the 1884 debates surrounding Charles Bradlaugh's eligibility, where opponents invoked a purported acceptance of the Chiltern Hundreds to challenge his continued membership and force a vacancy determination. While critics have questioned the indirect nature of the procedure compared to direct resignation—arguing it perpetuates an archaic 1624 Commons resolution prohibiting voluntary quits—the mechanism has been upheld through tradition, with no recorded instances of systemic delay in issuing writs or abuse to prolong vacancies beyond immediate effect.[30][2] This contrasts with pre-1919 practices where peerage elevations similarly vacated seats but involved Crown discretion potentially open to political favoritism, whereas the Chiltern Hundreds alternates routinely with the Manor of Northstead to accommodate multiple simultaneous resignations without evident partisan manipulation.[19] Empirical outcomes indicate consistent by-election timelines post-appointment, underscoring the device's role in preserving vacancy responsiveness over centuries of use.[2]

References

  1. Chiltern Hundreds and the Manor of Northstead - UK Parliament
  2. The Chiltern Hundreds - UK Parliament
  3. Chiltern Hundreds and Manor of Northstead - Erskine May
  4. What is the Crown Steward and Bailiff of the Chiltern Hundreds?
  5. [PDF] The Chiltern Hundreds - UK Parliament
  6. The Hundreds | Buckinghamshire Family History Society
  7. Chiltern Hundreds - Engole
  8. [PDF] THE HUNDREDS OF BUCKING HAMSHIRE AND OXFORDSHIRE
  9. The Buckinghamshire Hundreds. - GENUKI
  10. Hundred of Desborough | Domesday Book
  11. Inside St Peter's | St Peters Church Burnham
  12. http://bucksas.org.uk/rob/rob_34_0_87.pdf
  13. [PDF] Full page photo - Berkhamsted Local History & Museum Society
  14. REDE, John (d.1404), of Checkendon, Oxon.
  15. Chiltern Hundreds - InfoPlease
  16. https://publictransportexperience.blogspot.com/2018/06/parliamentary-buses-part-1.html
  17. [PDF] The Making of the Chilterns Landscape
  18. [PDF] The Crown and the constitution - UK Parliament
  19. Resignation from the House of Commons
  20. [PDF] Resignation from the House of Commons - UK Parliament
  21. Appointments to the Chiltern Hundreds and Manor of Northstead ...
  22. 18 May 1912 - MR. HORATIO BOTTOMLEY. - Trove
  23. Horatio Bottomley and the Rise of John Bull Magazine
  24. Horatio Bottomley: media mogul, public orator and fraudster
  25. [PDF] Members of Parliament Disqualified since 1900 This document ...
  26. A biography of Mr Speaker Horace King - Parliamentary Archives
  27. Three Hundreds of Chiltern - GOV.UK
  28. Dorries appointed to Three Hundreds of Chiltern - but what is it? - ITVX
  29. Nadine Dorries resigns: Conservative MP attacks PM as she quits ...
  30. PARLIAMENTARY OATH (MR. BRAD-LAUGH). (Hansard, 21 ...
User Avatar
No comments yet.