
Under the Sale of Offices Act 1809, the sale of House of Commons seats was outlawed so membership of parliament must be freehold property. Prior to that 1808 Act, there is a lively trade in seats in the House of Commons: you can buy them outright, or just rent a seat for a session of Parliament.
- Being paid a salary as a member of parliament is very 20th century with the House of Representatives beating the House of Commons by 5 years.
- Back in 1695, the House of Commons resolved that offering a bribe to a Member of Parliament shall be a high crime and misdemeanour liable to impeachment, and an MP accepting such a bribe shall be a matter of privilege.
- In 1858, the House resolved to prohibit advocacy for fee or reward.
- In 1947, a further resolution banning MPs from entering agreements which restricted their freedom to act and speak, or require them to act as a representative of outside bodies.
Prior to the 19th century virtually all European civil appointments were made through outright sale or patronage, included judicial courts, public finance, sheriffs, and notaries public so the offices were freeholds – effectively private property.
Once an office had been granted it could be mortgaged, sold privately or through public auction, and bequeathed to heirs. The key source of income from most offices was the right to charge fees for service.
The buying and selling applied to army officer commissions, but never to the British navy for reasons explained by Doug Allen in his clever writings on the economics of patronage and veniality. The sale of military commissions ended in 1871.
The queen is corporation sole in perpetual succession – she or he may possess property as monarch which is distinct from the property he or she possesses personally, and may do acts as monarch distinguished from their personal acts.
Elizabeth II has several corporations sole – Her Majesty the Queen in Right of the United Kingdom, Her Majesty the Queen in Right of Canada, Her Majesty the Queen in Right of Australia are all distinct corporations sole. She is also a distinct corporation sole for states and provinces.
Ministers of the crown can be corporations sole. This is administratively convenient as regards the ownership of property because it facilitates continuity when the office-holder changes.
There ends today’s trivia.
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