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 partiality of sheriffs in leaving out boroughs, which were
accustomed in old time to come to the parliament, was repressed, as far
as law could repress it, by a statute of Richard II., which imposed a
fine on them for such neglect, and upon any member of parliament who
should absent himself from his duty.[271] But it is, I think, highly
probable that a great part of those who were elected from the boroughs
did not trouble themselves with attendance in parliament. The sheriff
even found it necessary to take sureties for their execution of so
burthensome a duty, whose names it was usual, down to the end of the
fifteenth century, to endorse upon the writ along with those of the
elected.[272] This expedient is not likely to have been very successful;
and the small number, comparatively speaking, of writs for expenses of
members for boroughs, which have been published by Prynne, while those
for the knights of shires are almost complete, leads to a strong
presumption that their attendance was very defective. This statute of
Richard II. produced no sensible effect.
[Sidenote: Who the electors in boroughs were.]
By what persons the election of burgesses was usually made is a question
of great obscurity, which is still occasionally debated before
committees of parliament. It appears to have been the common practice
for a very few of the principal members of the corporation to make the
election in the county-court, and their names, as actual electors, are
generally returned upon the writ by the sheriff.[273] But we cannot
surely be warranted by this to infer that they acted in any other
capacity than as deputies of the whole body, and indeed it is frequently
expressed that they chose such and such persons by the assent of the
community;[274] by which word, in an ancient corporate borough, it seems
natural to understand the freemen participating in its general
franchises, rather than the ruling body, which, in many instances at
present, and always perhaps in the earliest age of corporations, derived
its authority by delegation from the rest. The consent, however, of the
inferior freemen we may easily believe to have been merely nominal; and,
from being nominal, it would in many places come by degrees not to be
required at all; the corporation, specially so denominated, or municipal
government, acquiring by length of usage an exclusive privilege in
election of members of parliament, as they did in local administration.
This, at least, appears to me a more probable hypothesis than that of
Dr. Brady, who limits the original right of election in all corporate
boroughs to the aldermen or other capital burgesses.[275]
[Sidenote: Members of the house of commons.]
Public-domain text, read in full here on John Shaqi.
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