In consequence of a Petition of the Commons, a new Statute is made, 23 Henry VI, restricting the qualities, abilities, and sufficiencies of Knights, so as to prevent the Election of Persons of mean quality and estates, "which the vulgar rabble of People in these levelling times were over much inclined to." In all succeeding Parliaments of Henry VI, and Edward IV., the Writ directs the Election of "Milites notabiles, seu saltem notabiles Armigeri, hominesve generosi de natu, eorundem Comitatuum, qui habiles sunt milites fieri, et nullus Homo de gradu valettæ, et gradu inferiori de essendo milites hujusmodi, existant." (y) It appears that from 7 to 33 Henry VI., there was a strong desire to elect few or none but Yeonien or Gentlemen of mean and inferior Rank, as Knights, Citizens, and Burgesses. From Edward IV., to the last Parliament of King Charles, the Writs continued nearly alike. It may be remarked generally as to the Qualifications of Members, that, according to the ancient Constitution of England, no Persons ought to be elected Knights, Citizens, Burgesses, or Barons, but such as are real actual Members of the respective Counties, Cities, Boroughs, or Ports, residing and inhabiting within them, as the Clause in every Writ" de Comitatu,' "de qualibet Civitate, Burgo, Portu," incontestably prove, and the Statutes, 7 Henry IV., c. 15, 1 Henry V., c. 1, 10 Henry VI., c. 2, 23 Henry VI., c. 15, declaratory only in this point, precisely enact, and that if any others are chosen, they might lawfully refuse to sit or serve, and their election be made null and void. According to the same Constitution, on the universal limitation, "de discretioribus et ad laborandum potioribus, &c. &c.," all Infants, Ideots, Lunatics, Infirm, Aged, and Sick, or otherwise incapacitated, might be discharged by the King, and other Elections be made by his command. (28 Edward I.) It appears also (5 Edward II.) that in case of departure of the Commons from their Parliamentary duties, without the King's License, hẹ had, in case of their inability, or refusal to attend, the power to command the Election of other fit Persons in their place. By 6 Edward II., the Commons could neither prorogue, adjourn themselves, nor depart without such license, which was entered upon Record. A Penalty was also imposed upon such as returned not on the day fixed by the King. There are many Statutes regulating the Elections of Knights, Citizens, and Burgesses. From 49 Henry III, to 26 Edward III, the Writs generally direct the Sheriffs to cause to be elected and appear, two Knights, two Citizens, &c., with sufficient power. In this latter year, the words, "de assensu ejusdem Comitatus," and "de assensu ejusdem Civitatis," are added. The Writs for the County are now directed to the Sheriffs, but those for the Election of Citizens and Burgesses, to the Mayors, Sheriffs, or Bailiffs of each City and Borough, and not as formerly to the Sheriffs. Those to whom the Writs are directed, being required to certify the day upon which, and the persons from whom, they were received. In 34 Edw. III, the Writs direct that the Knights shall be chosen “in pleno Comitatu." In all the Writs of Richard II. is inserted the new Clause "in pleno Comitatu tuo de communi assensu ejusdem," in a full County Court by common assent of the County, and not by nomination of the King or others. In 7 Hen. IV., an Act is made for regulating the former abuses in the elections of Knights of the Shire, (see here p. 165) and the like form of Writs prevailed to 8 Hen. IV., c. 7, when the Statute concerning Elections was made. (y) By Valectus or Vallettus Prynne understands Esquires or Gentlemen next in degree to Knights, not their Pages or Valets, VI, 57; see also Selden's Titles of Honour, p. 831-2. 18 Henry VI. A memorable Writ is issued in consequence of a disorderly Election of the Knights for the County of Cambridge, stating that “ "per ipsum Dominum Regem de avisamento et assensu eorundem Dominorum Spiritualium et Temporalium consideratum fuit tunc ibidem, &c. &c.," that new Writs should issue for a fresh Election. From which Writ the following conclusions may be drawn. (1) That the Sheriff might refuse to proceed to the Election, in case any Soldiers, or other armed Persons, resort to disturb the Election. (2) That the King and Lords were the sole Judges of Elections and Returns, and gave Orders for new Writs. (3) That the Sheriff was authorised to Proclaim against Persons disturbing the King's Peace, and had power to imprison for such Offence. In consequence of divers Knights, Citizens, and Burgesses, returned and accepted without due or free Elections, 38 Henry VI., by virtue of the King's Letters of Privy Seal, all the Acts of this Parliament were repealed and made void in the Parliament following, 39 Henry VI. It has been generally supposed, that the Electors of the Knights of the Shire were always the Suitors in the County Courts. That, at which the Elections afterwards took place, was the Court Baron of the County, distinguished from the Sheriff's Turn, at which all Resiants were bound to appear. The Suitors of the County Court Baron, were all Freeholders, and were bound to appear personally every three weeks. The Statute of Merton, 20 Henry III., empowered them to make Attornies to do their Suits for them in the Courts to which they owed Suit. These Attornies were not constituted Members of the County Court as a Court of Justice, though, in after times, some great men concurred, by their Attornies, in the Election of the Knights of the Shire, as Suitors of the Court. (*) To the County Court, as the King's Court Baron, the persons owing Suit should be the King's immediate Tenants, the Barons, as synonimous with Freeholders. This would exclude all the Tenants of Mesne Lords. The Tenants in Chief of the Crown were, probably, at one time, the only Suitors, or, at least, the sole Electors of the Knights of the Shire. In Cities and Boroughs, the subsequent practice demonstrates, that there was no systematic qualification of Electors established by Law. All Freeholders probably had not, under Edward I., the right of electing Representatives in Parliament. Some Freeholders certainly had such power, and the Freeholders of Cities and Boroughs within the several Shires, if owing Suit to the County Courts, may have concurred in these Elections. For the body of the Laity, in those Counties in which Taxes were usually imposed, some Freeholders of the Counties elected Representatives for the whole. For certain Cities and Boroughs, Representatives were elected by certain persons, according to their various and incongruous constitutions, reducible to no system, and depending principally upon custom and the terms of Charters. In some cases, the Freeholders in Burgage Tenure returned Members; in others, the Inhabitants at large; in others, both; in others, all the Members of the Corporation; in others, some only; in others, Freeholders in Burgage, with other Electors. That the Knights of Shires, 1 Edward III., were elected in the County Court, appears from a Return of the Sheriff of Sussex, that from the time of the receipt of the Writ to the first day of the Sessions, no County Court had been held, and therefore no Election could be made; and from various other similar instances. Under this King, the Knights made grants for themselves and the Commons of the Land, which seems to import that the Knights and Commons for whom they granted, were either Tenants in Chief of the Crown, or Tenants of such Tenants in Chief, and not of any Prelate, Earl, or Baron. The Election of such Knights ought, therefore, to have been by Tenants in (z) See the Lords' Report passim. e Chief, and not by their Tenants, to the exclusion of those of Prelates, Earls and Barons. In the 50th Edward III., the Commons petition that the Knights should be elected by common election, " de les Meilleurs Gentz" of Counties. The King wills that they shall be elected by common assent of the whole County;" which seems to import, that all the Freeholders, Suitors to the County Court, shall be the Electors. At length, the Knights were elected by all the Freeholders of the County, whether holding in chief of the Crown, or of others. The Commons would not propose to charge with the expences of Representatives of Counties, those who had no voice in the Election of such Representatives. No other principle occurs, on which the usage of Election of Knights of the Shire, commenced subsequently to the Charter of John, can have been founded, but that those who were the Electors, were the persons who ought to pay the elected. It does not any where appear, that Tenants by Copy of Court Roll, ever voted in the Election of Knights of the Shire. In endeavouring to ascertain who were the Electors of the Citizens and Burgesses, in the earlier periods of our Constitutional History, the only available sources of accurate information are the Returns of the Sheriffs of the several Counties, as well before as after the 26th Edward III. According to such Returns, the election for Southampton, 1 Edward III., was by the Mayor, Bailiffs, and other Co-Burgesses; and for Ipswich, by the Bailiff's and Community. In his 2nd year, the Burgesses of Derby were the Electors for this Borough. In his 31st, the Bailiffs and Community, by assent of the "Villa," make the election for Yarmouth; and, A. R. 36, the community of the Villa, Scardeburgh, Yorkshire, elect two persons as their "Attornati." (a) Before the Statute, 23 Henry VI., it was the custom to elect the Knights, Citizens, and Burgesses, on the same day, in the County Court, by Suitors, or others, resorting to it. Four or Five Citizens or Burgesses, whereof the Mayor, Bailiffs, or Chief Officer, formed a part, were sent from every City or Borough to the County Court, there to elect the Citizens and Burgesses, so soon as the Knights were chosen, which was often done, by the same individuals; and to return the Knights, Citizens, and Burgesses, for the whole County, in one Indenture. In the 7th and 8th Henry IV., on a petition of the Commons, provision was made concerning the Election of Knights, by which, it was apparently intended, that the Election should be by all the Suitors at the County Court, "au fin que les sufficiantes persones Inhabitantz en le dit Countie y puissent etre pour faire election." This Statute seems to have been in affirmance of prior general usage, and is the First declaring who should be Electors. "All who should be present at the time of Proclamation in full County, as well Suitors duly summoned for any cause, as others, should attend the election of their Knights, and those in the County should go to the Election freely and indifferently, notwithstanding any prayer or command to the contrary." The Special returns for various Counties, Cities and Boroughs which have been collected by Prynne, furnish much valuable information, especially as to who were the Electors, in these instances, at the respective periods. A. R. 8 Henry IV. The Knights and Burgesses for the Counties and Towns of Cambridge and Huntingdon were severally elected at the same time and place. Twelve Persons elect the Knights for the County, and the Burgesses for the Town of Cambridge; and Eight make the election for the County and Town of Huntingdon. The same form occurs A. R. 12. (a) With regard to the numbers thus returning, it appears that after the Statutes 7 Hen. IV. c. 15, and 11 Hen. IV., c. 1, the Forms of Returns were altered and made by Indentures, wherein the names of the Knights elected and of their Electors were returned, some inserting more, some fewer names of the Electors, with a general Clause for the Rest. See Prynne ii. 127. The Election for Bridgenorth (Shrops.), A. R. 8, is by Ten Persons, before the Sheriff of the County, and the Bailiffs and other Burgesses. A. R. 8 and 12. The Mayor and Three other Persons elect the Burgesses for Bath. A. R. 11. The Election for Leominster is by the Burgesses and Communitas; for Reading, by the Mayor and all the Burgesses; for Wallingford, by the Mayor and all the Burgesses; and the Indenture is signed by Eleven persons. A. R. 12. Twelve persons elect Knights for the County of Kent, and the same individuals, at the same time, elect Citizens for Canterbury and Rochester. The election for Derby is by Six persons, and "many others of the Community." A. R. 13. Seven Attornies of the Archbishop of York, sundry Nobles, and some Ladies, annual Suitors to the County Court, held every six weeks, are the Sole Electors of the Knights. The Elections of Knights, Citizens and Burgesses, under Henry V., were made together in the County Court of the Shire, on the same day, by the same persons, and the names were generally returned in One Indenture, by the Sheriff. In the ist Henry V., a Statute is made on Petition of the Commons, that the Knights elected should be Resident, and that the Election should be by the Knights, Esquires and Commons of the Counties, and not otherwise; in presence of the Sheriff, and not by Vote, Assent or Commission of those absent; and that the Election for Cities and Boroughs should be by Citizens and Burgesses, Resident and Enfranchised in such Cities and Boroughs, and by no others." In this year, at a full County Court held at Wilton, Twenty-Six persons chose the Knights for the County, and the same individuals elected Two Citizens respectively for New Sarum, Old Sarum, Wilton, Devizes, Malmesbury, Marlborough and Calne. A. R. 2. Eight Attornies of Seven Lords and one Lady, suitors at the County Court, are the Sole Electors of the Knights for Yorkshire. At the County Court of Cumberland, held at Carlisle, Fourteen Persons elect the Knights of the Shire, and the Mayor, Bailiff and Nine Citizens, elect two Citizens for Carlisle. As there was no Borough in the County, no Burgesses could be returned. Sixteen Electors, "ex assensu totius Comitatus," chose the Knights for Somersetshire; and at the same time, the same persons elected the Citizens for various places in the County, according to the following proportion. The Mayor and Three Citizens elected two Citizens for Bath. Four Citizens elected the Members for Wells, and the same number, those for Bridgewater and Taunton. In the County Court of Kent, held at Rochester, Four Coroners and Eight others present, chose the Knights for the County, and the same persons elect two Citizens for Canterbury, and two for Rochester. In Surrey and Sussex, the Knights, Citizens and Burgesses are elected in the County Courts. Nineteen persons are the Electors for the County of Surrey, for Guildford, Southwark, Ryegate and Blechingley. Twenty-Four persons choose the Knights for Sussex, and also the Citizens and Burgesses for Chichester, Midhurst, Horsham, Shoreham, Lewes, Grinstead. Twenty-Four Electors return the Knights for the Counties of Dorset and Somerset, in the County Courts. On the same day, Four of the above persons elect Burgesses respectively for Dorchester, Bridport, Shaftesbury, Wareham, Weymouth, Melcombe, Lyme. The same practice held in the years, 3, 5, 8 and 9 of this King. Eleven Perions, and "many others," elected for the County and Borough of Warwick, and made a Return, by one Indenture. The Mayor and Thirteen others were the Electors for the City of York, and the Mayor and Eleven persons, for Hereford. At Yarmouth, the Election took place in the presence of Four Electors, who put their Seals to the Indenture. The Mayor and Nineteen elected the Members for Lincoln, in the presence of others," fide dignos." In the years 1, 2, 3, 5, 8, and 9, Henry V., the election for Oxford was by the Mayor, Aldermen, Bailiffs, and whole Community of the " "Villa." For the County of Wilts, Knights, Citizens, and Burgesses, were jointly elected and returned. In the 3rd Henry V., a considerable portion of the Freeholders of many Counties were, according to usage, exempted from the burthens of wages of Knights of the Shire, and therefore ceased to be Electors. No Laws were however made on the subject of Wages. Neither were any Regulations made on this subject, even on the subsequent incorporation of Wales with England, by Henry VIII. A. R. 5 Henry V. The Mayor and Three Citizens were the Electors for Bath; Seven, with the consent and assent of their Co-Citizens, for Wallingford; the Mayor and Eleven others for Hereford, and Twelve Burgesses for Bedford. AS. R. 8 and 9. The Attornies only of Nobles and Ladies, and Knights' Suitors, made the election for Yorkshire, and sealed the Indentures. In the years 1, 2, 3, 5, 7, 13, 20, 27, 28, 29, 33, of Henry VI., the form of Election for Bath continued as in 5th Henry V. In the years, Henry VI., 1, 2, 3, 5, 7, the Attornies only of Nobles, Barons, Lords, and Ladies, and Knights' Suitors, made the election of Knights in the County Court of Yorkshire, and sealed the Indentures. A. R. 2. Eighteen Electors, in full County Court, with other "probi et ligei" of the County of Lancaster, elected the Knights; and as no Cities or Boroughs of this County ever sent Members, no returns were made of such. Annis R. 7, 20, 28, 29. A Similar Indenture had the addition, "Nunquam ante hoc tempus propter eorum paupertatem (inopiam) et debilitatem venire solebant." A. R. 7. Twelve Burgesses elected for Huntingdon. Annis, 20, 25, 29, 38. The Knights and Citizens for the County of Kent were elected at the same time. Annis, 8 and 10, Henry VI. A Statute directs that the Knights of the Shires shall be elected by Forty Shilling Resident Freeholders; and, A. R. 23, the Sheriff is commanded to send to the proper Officers of Cities and Boroughs, that the Election should be made by the Citizens and Burgesses, but who were such is left to usage, when not regulated by Charters of the Crown. A. R. 25. In Yorkshire, the form and manner of election was changed. The Election and Return were made and sealed by the Freeholders of the County, and not only by Noblemen, Ladies, and their Attornies. Forty-one Electors of this County, "libere et indifferenter eligerunt duos Milites magis idoneos et discretos ejusdem Comitatus ;" and the same practice obtained annis 27, 28, 29, and 33. Thirty-one Electors chose the Representatives for the County and Borough of Gloucester. Twenty-one, Esquires "et Generosi," elected for Sussex Two "Armigeros Notabiles," who had most votes among those who had 40s. freehold per annum. Thirty persons assembled at Guilford in full Shire, elected two Knights for Surrey, to do and consent to such things as should be ordained. The Mayor and Ten others elected the Burgesses for Bedford; and the Mayor, Bailiffs, and Thirteen others for Cambridge. |