[(58)] This statute was passed in 8 Henry VI. A.D. 1420. The complaint which it makes is well worth notice, and shows the reactionary tendencies of the time. The county elections had been made by “very great, outrageous, and excessive number of people dwelling within the same counties, of which most part was people of small substance, and of no value, whereof every of them pretended a voice equivalent, as to such elections to be made, with the most worthy knights and esquires dwelling within the same counties.” To hinder “the manslaughters, riots, batteries, and divisions,” which were likely to take place—it is not said that they had taken place—no one is to be allowed to vote who has not “free land or tenement to the value of forty shillings by the year at the least above all charges.” It is also provided that both the electors and the elected are to be actually resident in the county. The original French is worth quoting.
“Item come lez eleccions dez Chivalers des Countees esluz a venir as parlements du Roi en plusours Countees Dengleterre, ore tarde ount este faitz par tro[~p] graunde & excessive nombre dez gents demurrantz deinz mesmes les Countes, dount la greindre partie estoit par gentz sinon de petit avoir ou de null valu, dount chescun pretende davoir voice equivalent quant a tielx eleccions faire ove les plius valantz chivalers ou esquiers demurrantz deins mesmes les Countes; dount homicides riotes bateries & devisions entre les gentiles & autres gentz de mesmes les Countees verisemblablement sourdront & seront, si covenable remedie ne soit purveu en celle partie: Notre seigneur le Roy considerant les premisses ad pourveu & ordene par auctorite de cest parlement que les Chivalers des Countes deins le Roialme Dengleterre, a esliers a venir a les parlementz en apres atenirs, soient esluz en chescun Counte par gentz demurrantz & receantz en icelles dount chescun ait frank tenement a le valu de xl s. par an al meins outre les reprises; & que ceux qui seront ensy esluz soient demurrantz & receantz deins mesmes les Countes.” Revised Statutes, i. 306.
The necessity of residence in the case of either electors or representatives was repealed by 14 Geo. III. c. 58.
The statute goes on to give the Sheriff power to examine the electors on oath as to the amount of their property. It also gives the Judges of Assize a power foreshadowing that of our present Election Judges, that of inquiring into false returns made by the Sheriff.
Another statute of the same kind was passed later in the same reign, 23 Henry VI. A.D. 1444-5, from which it appears that the knights of the shire were ceasing to be in all cases knights in the strict sense, and that it was beginning to be found needful to fence them about with oligarchic restrictions.
“Issint que lez Chivalers dez Counteez pour le parlement en après a esliers so ent notablez Chivalers dez mesmez lez Counteez pour lez queux ils serront issint esluz, ou autrement tielx notablez Esquiers gentils homez del Nativite dez mesmez lez Counteez comme soient ablez destre Chivalers; et null home destre tiel Chivaler que estoise en la degree de vadlet et desouth.” Revised Statutes, i. 346.
Every enactment of this kind bears witness to the growth of the power of the Commons, and to the endeavours of the people to make their representation really popular.
[(59)] Take for instance the account given by the chronicler Hall (p. 253) of the election of Edward the Fourth.
“After the lordes had considered and weyghed his title and declaracion, they determined by authoritie of the sayd counsaill, for as much as kyng Henry, contrary to his othe, honor and agreement, had violated and infringed, the order taken and enacted in the last Parliament, and also, because he was insufficient to rule the Realme, & inutile to the common wealth, & publique profite of the pore people, he was therefore by the aforesayed authoritie, depriued & deiected of all kyngly honor, & regall souereigntie. And incontinent, Edward erle of Marche, sonne and heyre to Richard duke of Yorke, was by the lordes in the sayd counsaill assembled, named, elected, & admitted, for kyng & gouernour of the realme; on which day, the people of the erles parte, beyng in their muster in sainct Ihons felde, & a great number of the substanciall citezens there assembled, to behold their order: sodaynly the lord Fawconbridge, which toke the musters, wisely declared to the multitude, the offences & breaches of the late agremente done & perpetrated by kyng Henry the vi. & demaunded of the people, whether they woulde haue the sayd kyng Henry to rule & reigne any lenger ouer them: To whome they with a whole voyce, aunswered, nay, nay. Then he asked them, if they would serue, loue, & obey the erle of March as their earthly prince & souereign lord. To which question they aunswered, yea, yea, crieng, king Edward, with many great showtes and clappyng of handes.... The erle, ... as kyng, rode to the church of sainct Paule, and there offered. And after Te deum song, with great solempnitie, he was conueyed to Westmynster, and there set in the hawle, with the scepter royall in his hand, where to all the people which there in a great number were assembled, his title and clayme to the croune of England, was declared by, ii. maner of ways: the firste, as sonne and heyre to duke Richard his father, right enheritor to the same; the second, by aucthoritie of Parliament and forfeiture committed by, kyng Henry. Wherupon it was agayne demaunded of the commons, if they would admitte, and take the sayd erle as their prince and souereigne lord, which al with one voice cried, yea, yea.... On the morow he was proclaymed kyng by the name of kyng Edward the iiij. throughout the citie.”