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
An act in the first year of Henry V. directs that none be chosen
knights, citizens, or burgesses, who are not resident within the place
for which they are returned on the day of the date of the writ.[279]
This statute apparently indicates a point of time when the deviation
from the line of law was frequent enough to attract notice, and yet not
so established as to pass for an unavoidable irregularity. It proceeded,
however, from great and general causes, which new laws, in this instance
very fortunately, are utterly incompetent to withstand. There cannot be
a more apposite proof of the inefficacy of human institutions to
struggle against the steady course of events than this unlucky statute
of Henry V., which is almost a solitary instance in the law of England
wherein the principle of desuetude has been avowedly set up against an
unrepealed enactment. I am not aware, at least, of any other, which not
only the house of commons, but the court of king's bench, has deemed
itself at liberty to declare unfit to be observed.[280] Even at the time
when it was enacted, the law had probably, as such, very little effect.
But still the plurality of elections were made according to ancient
usage, as well as statute, out of the constituent body. The contrary
instances were exceptions to the rule; but exceptions increasing
continually, till they subverted the rule itself. Prynne has remarked
that we chiefly find Cornish surnames among the representatives of
Cornwall, and those of northern families among the returns from the
North. Nor do the members for shires and towns seem to have been much
interchanged; the names of the former belonging to the most ancient
families, while those of the latter have a more plebeian cast.[281] In
the reign of Edward IV., and not before, a very few of the burgesses
bear the addition of esquire in the returns, which became universal in
the middle of the succeeding century.[282]
[Sidenote: Irregularity of elections.]
[Sidenote: Influence of the crown upon them.]
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