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
Even county elections seem in general, at least in the fourteenth century,
to have been ill-attended and left to the influence of a few powerful and
active persons. A petitioner against an undue return in the 12th of Edward
II. complains that, whereas he had been chosen knight for Devon by Sir
William Martin, bishop of Exeter, with the consent of the county, yet the
sheriff had returned another.[283] In several indentures of a much later
date a few persons only seem to have been concerned in the election,
though the assent of the community be expressed.[284] These
irregularities, which it would be exceedingly erroneous to convert, with
Hume, into lawful customs, resulted from the abuses of the sheriff's
power, which, when parliament sat only for a few weeks with its hands full
of business, were almost sure to escape with impunity. They were sometimes
also countenanced, or rather instigated, by the crown, which, having
recovered in Edward II.'s reign the prerogative of naming the sheriffs,
surrendered by an act of his father,[285] filled that office with its
creatures, and constantly disregarded the statute forbidding their
continuance beyond a year. Without searching for every passage that might
illustrate the interference of the crown in elections, I will mention two
or three leading instances. When Richard II. was meditating to overturn
the famous commission of reform, he sent for some of the sheriffs, and
required them to permit no knight or burgess to be elected to the next
parliament without the approbation of the king and his council. The
sheriffs replied that the commons would maintain their ancient privilege
of electing their own representatives.[286] The parliament of 1397, which
attainted his enemies and left the constitution at his mercy, was chosen,
as we are told, by dint of intimidation and influence.[287] Thus also that
of Henry VI., held at Coventry in 1460, wherein the duke of York and his
party were attainted, is said to have been unduly returned by the like
means. This is rendered probable by a petition presented to it by the
sheriffs, praying indemnity for all which they had done in relation
thereto contrary to law.[288] An act passed according to their prayer, and
in confirmation of elections. A few years before, in 1455, a singular
letter under the king's signet is addressed to the sheriffs, reciting that
"we be enfourmed there is busy labour made in sondry wises by certaine
persons for the chesyng of the said knights, ... of which labour we
marvaille greatly, insomuche as it is nothing to the honour of the
laborers, but ayenst their worship; it is also ayenst the lawes of the
lande," with more to that effect; and enjoining the sheriff to let
elections be free and the peace kept.[289] There was certainly no reason
to wonder that a parliament, which was to shift the virtual sovereignty of
the kingdom into the hands of one whose claims were known to extend much
further, should be the object of tolerably warm contests.
Public-domain text, read in full here on John Shaqi.
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