They could hold Motes.—We may find the local duties of County women illustrated in the “Rotuli Hundredorum,” and other authorities already quoted.
“Benedicta, widow of Sir Thomas Uvedale, granted a lease to Thomas Brown of 2½ acres and foure dayewarcs of land ... by the yearly rent of 2s. 6d., and suit at her court of Wadenhalle every three weeks” (“Surrey Archæological Collection,” vol. iii., p. 82).
They could attend Motes.
They could be free Suitors to the County Courts, and there act as Pares or Judges.
Women combined with men to elect Knights of the Shire to defend in Parliament the rights of their property and themselves from unequal assessment of subsidy and undue exactions of the King.
In Sir Walter Raleigh’s treatise on the Prerogative of Parliaments, he traces back the origin of the House of Commons to 18 Henry I. on rather slender bases. At the time of the struggle with John it was clearly perceived that irresponsible kings could not be trusted to observe all the clauses of Magna Charta, and general councils were provided for. John promised to summon all classes to consult with him when it was necessary to assess aids and scutage. But John’s word was not worth much.
The first clear Summons appears to be that of 38 Henry III. (1254), when a Writ was issued requiring the Sheriff of each County to “cause to come before the King’s Council two good and discreet Knights of the Shire, whom the men of the County shall have chosen for this purpose in the stead of all and of each of them, to consider, along with Knights of other Shires, what aid they will grant the King.”
In 49 Henry III. (1265), writs were issued for “two Knights of the Shire to be chosen by the annual suitors at the County Courts,” and two Citizens from each Borough. Their expenses were to be paid by those who sent them.
The Statute passed in the Parliament of Marlebridge (52 Henry III.) by members elected in this manner, more clearly defined this method of election, and confirmed the more ancient Statutes regarding the County Courts. Hallam and Lewis trace their origin to the Anglo-Saxon Shiregemote, Folkmote, or Revemote, and prove that the Sheriffs and dignitaries possessed only directory and regulative powers; that the Freeholders, who were obliged to do “suit and service,” were the Pares or Judges, as well as the Electors of the Knights of the Shire, and of the Sheriffs themselves.
Concerning this court, it had been provided (43 Henry III.), “that Archbishops, Bishops, Earls, Barons, or any religious Men or Women, should not be forced to come thither unless their presence was especially required.” Their goods could not be distrained for non-attendance. That this was intended as a Franchise of Privilege, not inducing a penalty of exclusion, is perfectly clear, not only in the reading of the Act itself, but in its effect upon later laws.