CHILTERN HUNDREDS

6 definitions found across Law Mind sources

CHILTERN HUNDREDSAuthored
The Law Mind • 982 words
Definition
A nominal office of the English Crown — formally, the Stewardship of the Chiltern Hundreds of Stoke, Desborough, and Burnham in Buckinghamshire — used as the conventional mechanism by which a Member of Parliament vacates a seat in the House of Commons. The office carries no real duties and confers no real powers. Its legal significance is entirely procedural: because Members of Parliament cannot resign their seats by direct declaration, acceptance of a paid office under the Crown disqualifies the holder from continued membership. By applying for and receiving the Stewardship of the Chiltern Hundreds, a Member triggers that disqualification and thereby achieves the functional equivalent of resignation. The appointment is immediate, the disqualification automatic, and once the purpose is served the office may be relinquished so that the next Member wishing to vacate a seat can accept it in turn. A parallel device — the Stewardship of the Manor of Northstead in Yorkshire — serves the same function and is held in reserve so that two Members may vacate simultaneously if needed. ---
Common Language
Modern common usage (Wiktionary): An ancient administrative area in Buckinghamshire, England, composed of three hundreds and lying partially within the Chiltern Hills. Historical common usage (Webster's 1913): A tract of crown land in Buckinghamshire and Oxfordshire, England, to which is attached the nominal office of steward. As members of Parliament cannot resign, when they wish to go out they accept this stewardship, which legally vacates their seats. The geographic meaning — a real tract of Crown land with medieval administrative history — is the origin, not the substance. In legal and parliamentary usage the term refers entirely to the fictional office attached to that land. A researcher encountering Chiltern Hundreds in a legal source is reading about a procedural device, not a place. ---
Common Confusion
The Chiltern Hundreds is sometimes treated loosely as a "resignation" mechanism, but resignation as such is not available to Members of Parliament under English constitutional law. The device works because accepting a Crown office vacates the seat by operation of law — it is disqualification, not resignation. The distinction matters when reading historical commentary: sources that describe a Member as "resigning" by taking the Chiltern Hundreds are using the term informally. The legal mechanism is disqualification triggered by Crown appointment. ---
Why It Matters in Research
This term appears almost exclusively in English parliamentary and constitutional law sources. Researchers will encounter it most often in discussions of parliamentary procedure, the law of offices, and constitutional conventions governing the relationship between the Crown and the Commons. Several research traps are worth flagging. First, the underlying statute — the Succession to the Crown Act 1707, as subsequently amended — is the operative authority, but historical dictionaries often describe the mechanism without citing it precisely, and the statutory framework was modified over time. A researcher relying solely on an early Black's or Burrill's entry may not have the complete picture of which offices trigger disqualification in a given period. Second, the office is purely English (now applying to the UK Parliament); it has no counterpart in American, Commonwealth, or civil law systems, so its appearance in a comparative context is almost always by way of contrast or illustration. Third, because the office is nominal and never actively exercised, there is essentially no case law interpreting its exercise — the mechanism functions by political convention enforced through Crown appointment, not through litigation. Primary sources are parliamentary records and constitutional commentaries rather than court decisions. Burrill's entry adds the useful geographic detail — Stoke, Desborough, and Burnham — that Black's omits, which can matter when tracing the land history of the Chiltern district itself in older property or Crown lands research. ---
Historical Dictionary Support
The three source dictionaries are in close agreement on the legal substance. All three identify the Stewardship as a nominal Crown office used to vacate a Commons seat. Burrill's is the most geographically specific, naming the three constituent hundreds and noting the tract spans Buckinghamshire and Oxfordshire. Both editions of Black's emphasize the compulsory nature of parliamentary service — once elected, a Member cannot simply walk away — and frame the Stewardship as the statutory escape valve from that obligation. None of the historical entries identifies the Succession to the Crown Act 1707 by name, a gap that limits their usefulness for tracing the precise statutory authority. Webster's 1913, though not a legal dictionary, captures the functional mechanism accurately and concisely, making it a reliable quick reference for what the device does even if not for why it works legally. The historical sources collectively reflect stable doctrine: nothing in these entries is contradicted by modern commentary, because the mechanism itself has changed little in form, though the list of Crown offices that trigger disqualification has been modified by later legislation. ---
Jurisdictional Note
Applicable only to the United Kingdom Parliament and its direct historical predecessors. No equivalent mechanism exists in the United States Congress, Canadian Parliament, or other Westminster-derived legislatures, all of which have adopted explicit resignation procedures. Researchers working in comparative constitutional law should treat Chiltern Hundreds as a distinctively English constitutional anomaly rather than a model with broad application. ---
Related Terms
Stewardship of the Manor of Northstead — parallel device used when two Members must vacate simultaneously Office of profit under the Crown — the legal category that triggers disqualification; the operative concept behind the mechanism Vacation of seat — the parliamentary consequence the Stewardship is used to produce Disqualification (parliamentary) — the legal mechanism through which seat vacation operates Hundreds — the medieval administrative units from which the geographic name derives House of Commons — the legislative body whose membership rules give the device its purpose Resignation (parliamentary) — the colloquial description of what the device achievesthough technically inaccurate
CHILTERN HUNDREDSmain
Black's Law Dictionary • 1891
In English law. The stewardship of the Chiltern Hun- dreds is a nominal office in the gift of the crown, usually accepted by members of the house of commons desirous of vacating their seats. By law a member once duly elected to parliament is compelled to discharge the duties of the trust conferred upon him, and is not enabled at will to resign it. But by statute, if any member accepts any office of profit from the crown, (except officers in the army or navy accepting a new commission,) his seat is vacated. If, therefore, any member wishes to retire from the representation of the county or borough by which he was sent to parlia ment, he applies to the lords of the treasury for the stewardship of one of the Chiltern Hundreds, which having received, and there- by accomplished his purpose, he again re- signs the office. Brown.
CHILTERN HUNDREDSmain
Burrill's Law Dictionary • 1867
In English politics. A tract of country extending through part of Buckingham and Oxfordshires, comprising the hundreds of Stoke, Desborough and Bonenham; the stewardship of which is a nominal office in the gift of the crown. As members of parliament, strictly speaking, cannot resign their seats, and as, on the other hand, the acceptance of an office under the crown has the effect of vacating a member's seat, the mode of abandoning a seat is by taking the stewardship of the Chiltern Hundreds. 2 Steph. Com. 403. Holthouse. Wharton. Brande. CHIMIN, Chymin, Chemyn. L. Fr. [L. Lat. chiminus.] In old English law. A way, or right of way; the same with the Lat. via, or aditus. Co. Litt. 56 a. Spel-
CHILTERN HUNDREDSmain
Black's Law Dictionary (2nd Ed.) • 1910
In English law. The stewardship of the Chiltern Hundreds is a nominal office in the gift of the crown, usually accepted by members of the house of commons desirous of vacating their seats. By law a member once duly elected to parliament is compelled to discharge the duties of the trust conferred upon him, and is not enabled at will to resign it. But by statute, if any member accepts any office of profit from the crown, (except officers in the army or navy accepting a new commission,) his seat is vacated. If, therefore, any member wishes to retire from the ‘representation of the county or borough by which he was sent to parliament, he applies to the lords of the treasury for the stewardship of one of the Chiltern Hundreds, which having recelyed, and thereby accomplished his purpose, he again resigns the office. Brown.
CHILTERN HUNDREDSn.
Websters Unabridged Dictionary (1913) • 1913
A tract of crown land in Buckinghamshire and Oxfordshire, England, to which is attached the nominal office of steward. As members of Parliament cannot resign, when they wish to go out they accept this stewardship, which legally vacates their seats.
Chiltern Hundredsname
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
An ancient administrative area in Buckinghamshire, England, composed of three hundreds and lying partially within the Chiltern Hills.

Explore the full Law Mind legal research platform.

SubscribeEncyclopediaSign In