4∙i8
Constitutional History.
[chap.
Tlie plenus
comitatus.
Election in
the ordinary
county
court.
Unfortunately we have but few such data as would enable
us to determine the nature of the ‘plenus comitatus’ thus
recognised as the elective body. As the proceedings are to
begin in the first county court held within the forty days that
elapse before the return of the writ, it is obvious that the
court in question must be the court held every month or every
three weeks by the sheriff, and not the sheriff’s tourn which
was held but twice a year. That this was the practice appears
from the cases in which the sheriff, having to account for not
returning knights of the shire in time for the opening of the
session, pleads that no county court occurred before that date,
and is excused1. This monthly or three wɪeeks county court
had however very much diminished in importance since the
thirteenth century : by the statute of Merton every free man
was empowered to appear by his attorney, and thus relieved
from regular attendance at the ordinary sessions2; many of its
suturez duement somoines pur cele cause come autres, attendent la eleccion
de lours Chivalers pur le parlement ; et adonques en plein counte aillent al
eleccion Iiberalment et endifferentement non obstant aucune prier ou com-
maundement au contrarie ; et apres quils soient esluz, soient les persones
esluz presentz ou absentz, soient lour nouns escriptz en endenture dessoutz
les sealx de toutz ceux qui eux esliaent, et tacchez au dit brieve du parle-
ment ; quele endenture issint ensealez et tacchez soit tenuz pur retourne
au dit brief quant as chivalers des countees, et que en briefs de parlement
affaira en temps advenir soit mys cest clause ; et electionem tuam in pleno
Comitatu tuo factam distincte et aperte sub sigillo tuo et sigillis eoruɪn qui
election! illi interfuerint nos in cancellaria nostra ad diem et locum in
brevi Contentum certifiées ɪndilate? Cf. Rot. Pari. iii. 6oi.
1 This was the custom before the act was passed ; in 1327 the sheriff of
Surrey and Sussex reports that between the day on which he received the
Writ and the day fixed for the parliament no county court was held, and
therefore no election was made. In 1314 the sheriff of Wilts received the
Writ only three days before the day of parliament, and on that day the
members were ‘celeriter electi Prynne, Reg. iii. 172 ; ParI. Writs, II. i.
149. A similar case occurred in Devon in 1449; Prynne, Reg. iii. ɪʒɪ :
there no county court was held until two days before the parliament met.
In Leicestershire in 1450 the election took place after the parliament met,
for the same reason ; ib. p. 163.
2 The relaxation of the duty of attending the popular courts without
special summons was the result of three acts ; (ɪ) the writ of Henry III
in 1234, Ann. Dunst. p. 140, in which it was ordered that there should
not henceforth be a i generalis Summonitio ’ to the hundred courts ; (2) the
Statute of Merton in 1236 quoted above; and (3) the statute of Marl-
borough, which relieved all barons and religious persons from attendance
on the Sheriff’s tourn. When a general meeting was required the geneial
Summons continued to be issued ; for example, to meet the itinerant
justices ; but by Stat. Mailb. c. 24 those justices were forbidden to amerce
XX.] Cmmty Elections. 4i9
earlier functions had been handed over to the justices of the
peace, and its ordinary judicial work was the decision of pleas
of debt, which required the attendance of the parties to suits
and the rota of qualified jurors, and of none others. As this
would obviously be no true representation of the county, we
expect to find that for the occasion of an election other persons
were specially cited, and it is clear from the act of 1406 that
this was the case ; ‘ all that be there present as well suitors Persons
duly summoned for the same cause, as others, shall attend to t'ɪe'eiee-
the election.’ From this it appears that although the court tωn'
was the ordinary court, the persons composing it, or forming
the most important part in it, were summoned for the purpose
of the election.1 On the rolls of the parliament by which the Order for
statute was passed there is an article, enjoined under oath notice not
on the members of the council, ordering that in the writs to ScS°ratβd
the sheriffs they should be directed to have proclamation made stdtutβ'
in all the market towns of their counties, of the day and place
of election, fifteen days before the day fixed for the election.
But although enacted by the king and sworn by the council
the clause was not incorporated in the statute2. Some such Power of the
warning was, however, absolutely necessary. Strictly speaking cite electors,
then, the proceedings must have begun not in the county court
itself but in the citation of the electors by the sheriff which
preceded the holding of the court, whether according to the
article just mentioned or in conformity with established custom.
And the discharge of this function lodged great power in the Possible
hands of the sheriff; he might issue a general notice, the
t Summonitio generalis ’ such as was issued before the visits of
the itinerant justices, or he might summon the suitors who were
bound by their tenure to attend3, or he might cite his especial
the townships for the non-attendance of all inhabitants over twelve years
old to make the inquests.
l The electors specially summoned are < ad eligendum . . , praemuniti,’
and make the election ‘assensu totius comitatus/ See Prynne, iii. 176;
they are also ( Singulariter examinati,’ ib. 17S.
a Kot. Parl. iii. 588.
3 On this point the Lords* Report (i. 149) expresses the opinion that the
county couιt in which elections were held was the court baron of the
county, and the proper suitors were only those who held land in the
Ee 2