The Men Behind the Masque:
Office-holding in East Anglian boroughs, 1272-1460
[contents]
CHAPTER 3
The Monopolisation of Office
Frequency of Office-holding
Turning first to the executive office, analysis
of the executive personnel of Colchester, Ipswich, and
Lynn,[3] indicates that the average
number of times mayoral office was
held in Lynn was about twice, ballival
office in Ipswich a little more than three times, ballival
office in Colchester three times. At Lynn the average decreased over
the course of the later Middle Ages, at Colchester it increased, at
Ipswich it remained about the same; none of the changes is very
great. These figures do not appear (to the author) to be excessive,
but it must be remembered that averages are artificial statistics.
About 45% of the 301 persons subject to this analysis held executive
office only once, and they are balanced by a much smaller group whose
members held office six, ten, a dozen or more times. There is no
discernible pattern and certainly nothing that might suggest that an
elite was shuffling around executive office between its component
members over the course of the years. Individual inclination appears
to be a greater factor in determining the number of times office was
held. If we are to search for any elite, then it must be thus: in
Lynn those who held executive office 3 or more times form a small
group of 25 persons (27% of the Lynn group) who occupied 51% of the
office-spaces; at Ipswich those in office 6 or more times form a
group of 20 persons (19%) occupying 48% of the spaces; at Colchester
those in office 5 or more times were a group of 19 persons (19%)
occupying 52% of the spaces. But these statistics are hardly grounds
for any charge of conspiracy to monopolise: this 'elite' was
distributed over many generations, fairly evenly between the three
periods adopted for analysis in Lynn and Ipswich, although at
Colchester the members of the 'elite' are markedly more in evidence
after 1349. We should bear in mind that Lynn had only a single mayor,
whereas there were two executives in each of Colchester and Ipswich. It
is therefore interesting that approximately the same number of persons
held the executive office in each of these three towns - perhaps
hinting that, in these towns of similar population size, there were
a limited number of suitable candidates for mayoralty or
ballivalty.[4] Maldon presents a
slightly better case for monopolisation. The list of bailiffs there
is complete between 1416 and 1450: 70 office-spaces held by 17
persons, an average of about 4 times each; 6 of these men also held
the ballivalty outside this period and, were we to take their whole
careers into consideration, the average would be 6 times - conceivably
reducible if we knew how many others were executives in the same
period. However, in Maldon the choice of candidates was even more
limited than in our other towns, partly due to population size,
partly to constitutional peculiarities which shall be mentioned later.
Frequency of office-holding was sometimes
compounded by pluralism. The case of the Ipswich
administration of 1200 has been cited as an example of pluralism and,
thereby, a closed corporation[5]: the
bailiffs were also coroners, portmen, customs collectors, and clavigers;
the other two coroners were also portmen, and one was a claviger; other
portmen served also as gild alderman and
scabins. We must beware of taking this initial, experimental
arrangement as typical of later times or as representative of any
philosophy of government. Judging from later evidence, the bailiffs
were ex officio members of the town council, as was the case with
Lynn's mayor in the fifteenth century and its alderman throughout. In
the time of Henry VI it was a deliberate policy that one of Ipswich's
bailiffs act as one of the clavigers (with the other usually taking on
the escheator's duties) - again this was the case with Lynn's mayor; it
was simply part of the system of constitutional checks and balances. The
bailiffs were also ex officio customs collectors, in their role as
borough accountants. It was not, after 1200, the practice for bailiffs
also to be coroners, although it occasionally came about; these
exceptions may have constituted a genuine abuse of principle, given
the supervisory functions of the coroner, and it is interesting that
in 1364 the king ordered that Huntingdon's coroner be replaced on
the grounds that he had just been elected bailiff of the
borough.[6] There is insufficient
information about Ipswich gild
officers to ascertain whether they continued to be selected from the
portmen; in Lynn, at least, there was a clear separation of the gild
and borough offices and in 1469, when alderman
Walter
Cony was elected mayor, he accepted the office only on his insistence
that the doubling of office not set a precedent for future electors to
follow.[7]
There are some suspicious cases combining
monopolisation and pluralism in Ipswich. Thomas Stace was bailiff
during 18 of the 26 years between 1295 and 1321 and was also coroner
in one of the years when bailiff, as well as ten times M.P. in the
same period. His effective partner in office, Thomas le Rente, was
bailiff during 12 of the 24 years between 1297 and 1321, coroner
during several other of those years (one when bailiff), and twice
M.P. When this pair was thrown out of office in 1321, one of the
charges against them was monopolisation via the device of secret
elections.[8] Their opponents and
successors were little better: John Irp was coroner continuously
from 1329 to 1343, yet held the ballivalty 5 times during this period
and on 6 other occasions; John de Preston was 12 times bailiff and
14 times coroner between 1325 and 1356, often holding both offices
in the same year. At Colchester one John atte Forde was bailiff 8
times and M.P. 5 times (on each occasion returning his own name on
the writ of summons) between 1350 and 1375. It is possible that his
example was one of the factors prompting the 1372 reforms, after
which we find no further examples for a while of men re-elected bailiff
in consecutive years. But apart from these few cases there is no
evidence of deliberate self-perpetuation in power. This is not to
say that it did not occur on other occasions, but we cannot ignore
the possibility that lack of suitable (or willing) candidates is
sometimes responsible for apparent monopolisation and even pluralism.
It may be suggested that ordinances restricting
the frequency of office-holding represent a response to excessive
monopolisation; but again there is more than one interpretation that
can be given to this evidence. It is not clear whether Colchester's
1372 ordinance, that bailiffs should be changed every year, actually
falls into this category or merely emphasises the constitutionality
of annual election. Receivers were also to be replaced annually, but
only if the community wished to do so. At Ipswich it was specified
in 1320 that different men be elected as
chamberlains from one year
to the next; but, apart from insisting on public elections, no steps
were taken to limit the frequency of holding ballival office - not
until the ordinances of 1429/30 established a 2-year interval. It
may be doubted that such a limitation on ballival office-holding
would have suited the underlying ambitions of the reform party leaders.
In the complaints of 1414, the Norwich
prudeshommes charged that
the popular party had maintained William Appleyard in the mayoralty
over consecutive years, whereas custom
required that there be a 4-year interval between office-holding. This
may not reflect the original idea behind the custom, which was once
capitula 53 (the main text now missing) of the city custumal and which
was probably ordained about the same time as chapter 50, which forbade
men elected as bailiff to refuse the office; the interval between offices
was perhaps intended to lessen the burden of duty - although had the order
of these chapters been reversed, another interpretation might suggest
itself. The same reason must lie behind the fact that no man was
elected as sheriff - the office with the heavy responsibilty of
ensuring payment of the fee farm - more
than once in his lifetime. A 3-year interval between ballival office was
set in Maldon, but not, apparently, until the 1555 charter in the context
of creating a closed corporation. Nor is there any regulation to this
effect in Yarmouth until 1491, when a 5-year interval was prescribed;
the hefty fine for transgressing candidates suggests that, here at least,
the target was monopolisation. A 5-year interval is also seen in Lynn,
imposed on the mayoralty in 1455, but ordinances
of 1358 set a 2-year interval. In the latter case it was clearly
specified that the interval was not a prohibition but an exemption
in consideration of the burden and expense of office; at the same
time chamblerlains were permitted a 2-year exemption. This 1358
ordinance, like that (roughly contemporary) which was put into
Norwich's custumal prescribing a four-year interval, was similarly
associated with penalties set for refusal of
office; the Lynn assembly subsequently voided these ordinances
(c.1395).[9] On the whole,
the evidence suggests that intervals between office-holding were
intended as a protection of those liable to be elected rather than
a check against monopolisation, at least until the late fifteenth
century. As the latter, the setting of intervals would have had
little effect anyway, since other offices or a role in the council
were generally available to former executives in interim
periods.[10]
Parliamentary elections, and re-elections,
have attracted the notice of many historians and, although it has
been suggested (probably correctly) that they were not as important
an issue to medieval townsmen as to modern
scholars,[11] we may look at them
briefly. But we need not enter into the arguments as to how
're-election' should be defined, nor whether all those who were
elected actually attended parliament; it is sufficient here to
know which burgesses were considered
suitable to represent their boroughs.[12]
Again the subject is one in which it is easy to look at lists of M.P.s
and then jump to conclusions. McKisack was the main proponent of the
theory that experience was a major factor in the choice of M.P.s, as
indicated by re-elections and by the prevalence, in the ranks of M.P.s, of
men familiar with local administration.[13]
Lawson and Roskell went on to conclude that this showed that
oligarchic closed corporations were
controlling borough elections to ensure that their own selfish interests
were represented; Houghton has declared that, tempore Henry VI and
Edward IV, the Yarmouth bailiffs monopolised one of the borough's seats;
and Rickword (pre-McKisack) asserted that every Colchester M.P. was
selected from the corporation.[14]
Such dogmatic conclusions are not forthcoming
from an analysis of the parliamentary personnel of the six towns
studied here.[15] In fact the
conclusions therefrom are much as those drawn from our analysis of
the borough executives. Just over half the M.P.s sat only once,
whereas a smaller group of around 10%-20% (a little higher in
Colchester) were re-elected several
times.[16] In the fourteenth century
town clerks were among the burgesses most frequently elected, for
parliamentary attendance was generally seen as a routine affair
of observing and reporting - a task for which trained clerks
were particularly suited - not involving much initiative. One is
inclined to suspect that Maldon's William de Pakelesham, who
attended 14 parliaments 1332-44 (all but one in which Maldon was
represented) may have been town clerk just from this evidence
alone. There is no common pattern in the development of this
elite of veterans. In some towns there was a lesser, in others a
greater, tendency for re-election as the later Middle Ages progressed.
From the mid-fourteenth century onwards the majority of M.P.s were
indeed men who had previously served at a policy-making level of
borough government - natural enough choices, since their familiarity
with borough problems, goals, and resources allowed them to be
intelligent observers and, if necessary, participants; but this
majority was not as high in Ipswich and Yarmouth as in Lynn,
Colchester, or Norwich.
There remains a surprisingly large number
of M.P.s - mainly in the pre-1349 period, but also visible later - who
did not participate in borough administration during their
parliamentary 'careers'; most never had any role in borough
government. This is only partly explicable by gaps in the records
and by the fifteenth century influx of outsiders into borough
parliamentary seats. There was probably no consistent policy
concerning selection of M.P.s. A careful study might throw light
on whether the status of men elected was influenced by the perceived
importance (that is, relevance to borough affairs) of the business
anticipated or conducted at each parliament. An added complicating
factor is that M.P.s sometimes were tasked with the conduct of other
town business at the place where a parliament was held, although
not necessarily connected with parliamentary matters; this might
also influence the selection of a representative (and certainly did in
many cases when town clerks were selected). Although present
or former bailiffs and mayors were popular choices as M.P.s - as
the wealthier townsmen they could better stand the shock of returning
from parliament to discover that their boroughs could not pay their
expenses! - there is no sign in any of our towns of an arrangement
such as that at Northampton; there it was ordained in 1382 that
every mayor should serve as M.P. to the parliament next following
his mayoralty[17] - again perhaps
suggesting the burden of service.