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
This “priestly intention” sprang only from Coke’s own mind. He cites no
authority for his opinion, nor could he have found one. To have deprived
a female “Suitor” of her right to express her opinion and thereby help
to determine the questions brought before the Court, in the light of her
own interests, inclinations, or opinions, would have taken away her
prime _raison d’être_. Her second privilege was that of giving her
voice, with other freeholders, towards the election of a knight, “in the
stead of all and of each of them,” to go to the King’s parliament,[7]
and defend her interests there. Upon the petition of the Commons that
proclamation should be made of the day and place of the meeting of the
County Court, it was decreed, “All they that be there present, as well
_suitors_ duly summoned, as _others_, shall attend to the election of
the Knights of Parliament.... And after they be chosen, the names of the
persons so chosen shall be written in an _Indenture_,[8] under the
_seales_ of all them that did chuse them, and tacked to the said writ of
Parliament” (7 Henry IV., c. xiii.). A certain limitation, therefore, of
electors, must have been caused through the necessity of possessing
seals. In 8 Henry VI. the suitors at the County Court were limited to
those who had not less than a 40s. freehold. It was soon made clear that
the House of Commons was only intended to represent those not eligible
in person or in representation to the Upper House; so that the county
elections became limited to county freeholders below the rank of Peers.
But there is no question, at any time, of altering the Franchise from
the general terms to others that would limit it to the masculine being.
That women did frequent the courts in person is proved in Prynne’s
“Brevia Parliamentaria Rediviva” (p. 152, _et seq._), where he refers to
“sundry Earls, Lords and Ladies who were annual suitors to the County
Courts of Yorkshire.” That women recorded these votes, and sealed the
indentures of the Knights elected, is also proved by Prynne. The two
points that surprised Prynne were, that the earliest preserved
indentures were _all_ signed by the Nobility of the County, and by them
alone, and also that they were all sealed by attorney, by Lords, or by
Ladies alike, down to 7 Henry VI., after which they were signed by all
Freeholders personally. He does not seem to remember that these were the
classes privileged by Act 43 Henry III., to absent themselves from the
County Courts; and that acting by proxy was considered a privilege of
the nobility. It might very well have been considered that Archbishops,
Earls, Lords, and Ladies were “especially required” at the County Court
to hear and decide on some important territorial dispute, and yet that
they could decide on the merits of a candidate at home, and send their
Attorneys to the County Court to seal for them there in the presence of
the Sheriff. One such indenture (2 Henry V.) is signed by Robert Barry,
Public-domain text, read in full here on John Shaqi.
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