British freewomen : $b Their historical privilege — John Shaqi
British freewomen : $b Their historical privilegeStopes, C. C. (Charlotte Carmichael)
History
British freewomen : $b Their historical privilege
Stopes, C. C. (Charlotte Carmichael)
Women -- Great Britain; Women -- History
The first _clear_ Summons appears to be that of 38 Henry III. (1254),
when a Writ was issued requiring the Sheriff of each County to “cause to
come before the King’s Council two good and discreet Knights of the
Shire, whom the _men_ of the County shall have chosen for this purpose
in the stead of all and of each of them, to consider, along with Knights
of other Shires, what aid they will grant the King.”
In 49 Henry III. (1265), writs were issued for “two Knights of the Shire
to be chosen by _the annual suitors at the County Courts_,” and two
Citizens from each Borough. Their expenses were to be paid by those who
sent them.
The Statute passed in the Parliament of Marlebridge (52 Henry III.) by
members elected in this manner, more clearly defined this method of
election, and confirmed the more ancient Statutes regarding _the County
Courts_. Hallam and Lewis trace their origin to the Anglo-Saxon
Shiregemote, Folkmote, or Revemote, and prove that the Sheriffs and
dignitaries possessed only directory and regulative powers; that the
Freeholders, who were obliged to do “suit and service,” were the Pares
or Judges, as well as the Electors of the Knights of the Shire, and of
the Sheriffs themselves.
Concerning this court, it had been provided (43 Henry III.), “that
Archbishops, Bishops, Earls, Barons, or any religious Men or Women,
should not be forced to come thither unless their presence was
especially required.” Their goods could not be distrained for
non-attendance. That this was intended as a Franchise of Privilege, not
inducing a penalty of exclusion, is perfectly clear, not only in the
reading of the Act itself, but in its effect upon later laws.
So Coke, (Inst. II., 119,) elucidating the laws of Marlebridge, made
three years later, says, “Note. A woman may be a free Suitor to the
Courts of the Lord, but though it be generally said that the free
suitors be Judges in these courts, it is _intended of men and not of
women_.”
Public-domain text, read in full here on John Shaqi.
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