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
The want of all judicial authority, either to issue process or to
examine witnesses, together with the usual shortness of sessions,
deprived the house of commons of what is now considered one of its most
fundamental privileges, the cognizance of disputed elections. Upon a
false return by the sheriff, there was no remedy but through the king or
his council. Six instances only, I believe, occur, during the reigns of
the Plantagenet family, wherein the misconduct or mistake of the sheriff
is recorded to have called for a specific animadversion, though it was
frequently the ground of general complaint, and even of some statutes.
The first is in the 12th of Edward II., when a petition was presented to
the council against a false return for the county of Devon, the
petitioner having been duly elected. It was referred to the court of
exchequer to summon the sheriff before them.[251] The next occurs in the
36th of Edward III., when a writ was directed to the sheriff of
Lancashire, after the dissolution of parliament, to inquire at the
county-court into the validity of the election; and upon his neglect a
second writ issued to the justices of the peace to satisfy themselves
about this in the best manner they could, and report the truth into
chancery. This inquiry after the dissolution was on account of the wages
for attendance, to which the knights unduly returned could have no
pretence.[252] We find a third case in the 7th of Richard II., when the
king took notice that Thomas de Camoys, who was summoned by writ to the
house of peers, had been elected knight for Surrey, and directed the
sheriff to return another.[253] In the same year the town of Shaftesbury
petitioned the king, lords, and commons against a false return of the
sheriff of Dorset, and prayed them to order remedy. Nothing further
appears respecting this petition.[254] This is the first instance of
the commons being noticed in matters of election. But the next case is
more material; in the 5th of Henry IV. the commons prayed the king and
lords in parliament, that, because the writ of summons to parliament was
not sufficiently returned by the sheriff of Rutland, this matter might
be examined in parliament, and in case of default found therein an
exemplary punishment might be inflicted; whereupon the lords sent for
the sheriff and Oneby, the knight returned, as well as for Thorp, who
had been duly elected, and, having examined into the facts of the case,
directed the return to be amended, by the insertion of Thorp's name, and
committed the sheriff to the Fleet till he should pay a fine at the
king's pleasure.[255] The last passage that I can produce is from the
roll of 18 H. VI., where "it is considered by the king, with the advice
and assent of the lords spiritual and temporal," that, whereas no
knights have been returned for Cambridgeshire, the sheriff shall be
directed, by another writ, to hold a court and to proceed to an
election, proclaiming that no person shall come armed, nor any
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