The pageant of Parliament, vol. 1 of 2MacDonagh, Michael
History
The pageant of Parliament, vol. 1 of 2
MacDonagh, Michael
Great Britain. Parliament
Clergymen of the Church of England, of the Church of Scotland, and
Roman Catholic priests are disqualified. The statutory exclusion of
clergymen from the House of Commons dates from the beginning of the
nineteenth century. Until then the question was involved in doubt and
uncertainty. It was first raised in a concrete form by the return of
the famous Radical parson, Horne Tooke, in 1801 for the nomination
borough of Old Sarum. He held no benefice in the Church, but as in
law he was still a clerk in Holy Orders it was contended that he
was ineligible. A Select Committee appointed to inquire into the
precedents reported that they were not sufficiently clear to warrant
the exclusion of Tooke; but though he was, accordingly, allowed to
retain his seat, an Act was immediately passed which closed the doors
of the House of Commons to clergymen of the Established Church and
ministers of the Church of Scotland. Church of England parsons who,
under the provisions of the Clerical Disabilities Act of 1870, divest
themselves of their Orders become thereby eligible for election, and
several ex-clergymen have sat in the House of Commons. Roman Catholic
priests are expressly incapacitated by a clause of the Emancipation
Act of 1829, which admitted Roman Catholic laymen to Parliament. The
Act of 1801 does not apply to ministers of dissenting Churches, and
they therefore are qualified to sit in the House of Commons.
Office of various kinds is a disqualification. Judges of the High
Court and county court judges are ineligible. In the time of the
Stuarts a resolution of the House of Commons precluded Judges of
the High Court from sitting in Parliament. During the Commonwealth,
when the House of Lords was abolished, Sir Matthew Hale and other
distinguished Judges sat in the House of Commons. It was not until
the passing of the Judicature Act, 1875, that Judges of the High
Court came under a statutory disability to sit in the House of
Commons. County court judges had already been precluded by an Act
passed in 1847. A Recorder may sit in the House of Commons, but not
for the city or borough in which he exercises his jurisdiction in
criminal matters. The civil servants on the permanent staff of the
various Departments of Government are debarred from sitting in the
House of Commons. Yet commissioned officers of the Army and Navy
are qualified. But Army officers become M.P.’s at the sacrifice of
half their pay, though they remain on the active list. Government
contractors for work to be done or goods to be supplied in the public
service are ineligible. No returning officer may stand for the place
where he is commanded by writ from the Crown Office to hold an
election. A bankrupt is disqualified. He may be nominated, but if
elected he cannot sit.
Public-domain text, read in full here on John Shaqi.
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