View of the State of Europe during the Middle Ages, Vol. 3 — John Shaqi
View of the State of Europe during the Middle Ages, Vol. 3Hallam, Henry
History
View of the State of Europe during the Middle Ages, Vol. 3
Hallam, Henry
Europe -- History -- 476-1492; Middle Ages
Such is, I think, a fair statement of the arguments that might be
alleged by those who would restrain the right of election to tenants of
the crown. It may be urged on the other side that the genius of the
feudal system was never completely displayed in England; much less can
we make use of that policy to explain institutions that prevailed under
Edward I. Instead of aids and scutages levied upon the king's military
tenants, the crown found ample resources in subsidies upon moveables,
from which no class of men was exempted. But the statute that abolished
all unparliamentary taxation led, at least in theoretical principle, to
extend the elective franchise to as large a mass of the people as could
conveniently exercise it. It was even in the mouth of our kings that
what concerned all should be approved by all. Nor is the language of
all extant writs less adverse to the supposition that the right of
suffrage in county elections was limited to tenants in chief. It seems
extraordinary that such a restriction, if it existed, should never be
deducible from these instruments; that their terms should invariably be
large enough to comprise all freeholders. Yet no more is ever required
of the sheriff than to return two knights chosen by the body of the
county. For they are not only said to be returned pro communitate, but
"per communitatem," and "de assensu totius communitatis." Nor is it
satisfactory to allege, without any proof, that this word should be
restricted to the tenants in chief, contrary to what must appear to be
its obvious meaning.[32] Certainly, if these tenants of the crown had
found inferior freeholds usurping a right of suffrage, we might expect
to find it the subject of some legislative provision, or at least of
some petition and complaint. And, on the other hand, it would have been
considered as unreasonable to levy the wages due to knights of the shire
for their service in parliament on those who had no share in their
election. But it appears by writs at the very beginning of Edward II.'s
reign, that wages were levied "de communitate comitatus."[33] It will
scarcely be contended that no one was to contribute under this writ but
tenants in chief; and yet the word communitas can hardly be applied to
different persons, when it occurs in the same instrument and upon the
same matter. The series of petitions above mentioned relative to the
payment of wages rather tends to support a conclusion that all mesne
tenants had the right of suffrage, if they thought fit to exercise it,
since it was earnestly contended that they were liable to contribute
towards that expense. Nor does there appear any reason to doubt that
all freeholders, except those within particular franchises, were suitors
to the county court--an institution of no feudal nature, and in which
elections were to be made by those present. As to the meeting to which
knights of shires were summoned in 38 Henry III., it ought not to be
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account