The Growth of the English Constitution from the Earliest TimesFreeman, Edward A. (Edward Augustus)
History
The Growth of the English Constitution from the Earliest Times
Freeman, Edward A. (Edward Augustus)
Constitutional history -- Great Britain
(58) This statute was passed in 8 Henry VI. A.D. 1420. The complaint
which it makes is well worth notice, and shows the reactionary
tendencies of the time. The county elections had been made by “very
great, outrageous, and excessive number of people dwelling within the
same counties, of which most part was people of small substance, and
of no value, whereof every of them pretended a voice equivalent, as to
such elections to be made, with the most worthy knights and esquires
dwelling within the same counties.” To hinder “the manslaughters,
riots, batteries, and divisions,” which were likely to take place—it is
not said that they had taken place—no one is to be allowed to vote who
has not “free land or tenement to the value of forty shillings by the
year at the least above all charges.” It is also provided that both the
electors and the elected are to be actually resident in the county. The
original French is worth quoting.
“Item come lez eleccions dez Chivalers des Countees esluz a venir as
parlements du Roi en plusours Countees Dengleterre, ore tarde ount
este faitz par trop graunde & excessive nombre dez gents demurrantz
deinz mesmes les Countes, dount la greindre partie estoit par gentz
sinon de petit avoir ou de null valu, dount chescun pretende davoir
voice equivalent quant a tielx eleccions faire ove les plius valantz
chivalers ou esquiers demurrantz deins mesmes les Countes; dount
homicides riotes bateries & devisions entre les gentiles & autres
gentz de mesmes les Countees verisemblablement sourdront & seront, si
covenable remedie ne soit purveu en celle partie: Notre seigneur le
Roy considerant les premisses ad pourveu & ordene par auctorite de cest
parlement que les Chivalers des Countes deins le Roialme Dengleterre,
a esliers a venir a les parlementz en apres atenirs, soient esluz
en chescun Counte par gentz demurrantz & receantz en icelles dount
chescun ait frank tenement a le valu de xl s. par an al meins outre les
reprises; & que ceux qui seront ensy esluz soient demurrantz & receantz
deins mesmes les Countes.” Revised Statutes, i. 306.
The necessity of residence in the case of either electors or
representatives was repealed by 14 Geo. III. c. 58.
The statute goes on to give the Sheriff power to examine the electors
on oath as to the amount of their property. It also gives the Judges of
Assize a power foreshadowing that of our present Election Judges, that
of inquiring into false returns made by the Sheriff.
Another statute of the same kind was passed later in the same reign,
23 Henry VI. A.D. 1444-5, from which it appears that the knights of
the shire were ceasing to be in all cases knights in the strict sense,
and that it was beginning to be found needful to fence them about with
oligarchic restrictions.
Public-domain text, read in full here on John Shaqi.
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