The Men Behind the Masque:
Office-holding in East Anglian boroughs, 1272-1460
[contents]
CHAPTER 3
The Monopolisation of Office
The Executive Committee
Here at last we begin to catch glimpses of
the elite we have sought, in the shape of what might be described
as executive committees. The order of names of the Lynn
jurats is very carefully recorded in
the reign of Henry VI; after the mayor
and alderman are listed the
nobiles de banco already mentioned,
who were in fact the ex-mayors among the jurats. Even in the 1370-90
period we find that certain of the jurats continued in office,
annual elections notwithstanding, in most of those years; these
were primarily the ex-mayors. It seems to have been recognised that
men of such experience ought to be kept in government, and it is
likely that their continued presence guaranteed some measure of
continuity and stability in borough policy.
Everywhere we find the same. At Colchester
the ex-bailiffs tended to number among
the 8 aldermen rather than the 16 councillors - this may have been an
important factor in making the aldermen the superior branch of the
council - and they seem to have been assured of re-election from year to
year. They monopolised the ballivalty to a greater extent than Lynn
ex-mayors the mayoralty. At least one of each pair of bailiffs (and often
both) had served in that office before; of the 24 aldermen/councillors
of 1428, 17 had held the ballivalty at some time in their lives. Once
again we can appreciate the theoretical efficiency of this
arrangement. The Ipswich portman council was much like the
elites of ex-executives in Lynn and Colchester, lacking the adjunct
of junior members from which future officers might be recruited. An
ordinance of 1414 in Norwich specified that the upper council there
should be elected from former mayors, sheriffs, and bailiffs (this
being only a few years after mayoralty replaced ballivalty as the
executive office); in the following year we see that ex-mayors
had a recognised place in the political hierarchy, in that they were
to participate at major assemblies and on ceremonial occasions dressed
in their appropriate livery.[29] At
Maldon the ex-bailiffs, prohibited from entering the wardemen ranks
(partly to preserve the integrity of the council), gradually coalesced
into a higher council of aldermen from which (from 1555) all bailiffs
were to be chosen and into which ex-bailiffs would retire. This
group can be seen playing a role in government by 1468 when we find
the ordinance, copied from some earlier
book of customs, that all ex-bailiffs were required to attend any ballival
summons to discuss community business; in fact there is some hint of
distinction of the ex-ballival group as early as 1406. Similar executive
committees arose, in the fifteenth century, in Oxford, Stamford, and
Winchester. In the last, the group was known as "the Bench", reminding us
of Lynn's nobiles de banco; to judge from the rare illustrations
that survive of council meetings, the name seems to refer to the
privileged seating position of these men in the council
chamber.[30] A similar hierarchy is
reflected in the 1479 illustration of the ceremony of swearing in Bristol's
mayor, used as the title illustration of this
study.
The evolution of these executive committees
may owe much to the judicial powers granted by the king to the
executive and a few assistants. These arose out of Commissions of
the Peace and local administration of the labour statutes and other
police matters in the latter half of the fourteenth century. At
Norwich in 1404 the mayor and 4 probi homines were to be
J.P.s, and in 1452 this was extended to the recorder and all
aldermen who had been mayor.[31] At
Ipswich in 1446 bailiffs and 4 portmen chosen by them were to be
J.P.s; in practice, those chosen were ex-bailiffs. At the same
time escheator's powers were accorded to one of the
bailiffs.[32] In the following
year Colchester received a similar grant of justices, interpreted
locally as commissioning the more sufficient and wiser of the
bones gentz; in practice, justices were chosen from the
aldermen, a group whose members also filled the local offices of
coroners and clavigers as well as that of
bailiffs.[33] We can see the
rationale in allotting the roles of J.P.s to men experienced in
the presidency of local courts and accustomed to the exercise
of authority. Yet the effect of endowing an already existing elite
of experienced former executives with new powers was to create
a magistracy independent of, and rivalling, the traditional borough
courts - particularly the leet - which
were instruments of communal authority.