The pageant of Parliament, vol. 1 of 2MacDonagh, Michael
History
The pageant of Parliament, vol. 1 of 2
MacDonagh, Michael
Great Britain. Parliament
Yet it would seem, after all, as if the production of the certificate
of the return to the writ were not absolutely necessary before a
new Member, coming in at a by-election, can take his seat. On March
11, 1848, Mr. Hames was elected for the Irish borough of Kinsale;
on the 15th he took the oath and his seat, but it was not until the
18th that the return to the writ was received by the Clerk of the
Crown. The Clerk of the House of Commons had neglected to ask for
the certificate on the appearance of the new Member at the Table,
thinking that the formality might be dispensed with as the return
to the writ had not arrived. When the mistake was discovered there
was great wagging of official heads. But none of the authorities
could suggest a way out of the difficulty. It was unprecedented. The
Clerk went about haunted by visions of the deepest dungeon under
the moat of the Tower of London. At last a committee of the House
was appointed to make inquiries; and after due investigation they
reported that the Clerk had done a perfectly sensible thing, however
unwittingly. They said it was true that the return to the writ had
always been required by the House as “the best evidence of a Member’s
title to be sworn.” “Nevertheless,” continued they, “the absence
of that proof cannot affect the validity of the election, nor the
right of a person duly elected to be held a Member of the House.”
Truly, a most proper decision! Still, the committee recommended a
strict adherence to the practice of requiring the production of the
document. This much, at least, can be said for it, that it is a
picturesque detail in the initiation of a new Member of the House of
Commons.
Public-domain text, read in full here on John Shaqi.
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