The Men Behind the Masque:
Office-holding in East Anglian boroughs, 1272-1460
[contents]
CHAPTER 3
The Monopolisation of Office
The Degree of Popular Participation in Office-Holding
There is one more aspect of the question of
monopolisation that must be considered: what proportion of the
population was involved in office-holding? As far as the total
populations of our boroughs is concerned, there is no point in
discussing in any depth evidence which has been fully exploited by others
and which can never be considered satisfactory or conclusive. After
Domesday we rely on taxation
lists.[84] The earliest is that of
Ipswich in 1228, which names 475 inhabitants - even those whose tax was
assessed at nil were listed. Taxation records of 1283 listed 275 persons;
those of 1327, 210; and those of 1340, 198. Of the Colchester taxations
of 1296 and 1301 the latter is more complete, since there are no detectable
exemptions; it lists just under 400 residents, 263 being males, but
includes the four hamlets within the
liberties, most of whose residents should not properly be considered
townsmen. In Colchester's 1319 subsidy 168 laymen, and in that of 1332
153 laymen, are listed from the same broad area. The 1332 subsidy also
produces figures of 149 persons from Lynn, 281 from Yarmouth, and 417 from
Norwich. These numbers contrast starkly with the poll tax returns,
although these were counting slightly different things from the earlier
subsidies. In 1377 the number of residents over 14 years old was 3,127 at
Lynn, 2,955 at Colchester, 1,941 at Yarmouth, 1,507 at Ipswich, and 3,952
at Norwich. The 1381 poll tax is far less reliable, due to evasion;
although, for example, the Ipswich return lists 963 persons, the annalist
Bacon had seen a local list for the same containing 1,188
names.[85]
Difficulties of interpretation focus on
determining what proportion of the total population is represented
by those taxed; but there are no clear guides here. Consequently,
the 1377 evidence for Lynn was used by Cutts to hypothesise a total
population of 4,700, whilst Parker used it to suggest a pre-1349
population of 5,700; on the other hand, Clarke and Carter calculated
from it a total population of 5,546 and a pre-1349 population of
9,000.[86] It is evident that we
cannot come closer than very rough approximations. The thing to bear
in mind is that the populations of medieval boroughs were very small
by modern standards. Except at Yarmouth, where space was somewhat
limited[87] - producing the curious
thoroughfare system of 'rows' - we find
plenty of open ground within our towns. At Lynn the residential area was
markedly concentrated in that half of the intra-mural territory next to
the river. Waste-land was periodically
leased out by the borough authorities, but this was often to men who
already held a residence in the town, and simply wanted to expand their
holdings. No-one would deny that the pre-plague population, the product
of a boom period, was higher than that of the post-plague period, but there
has not been enough work to allow us to ascertain how fast and to what
extent plague losses were made up by immigration.
However, for the purposes of this study, it is
not so much the total population as the
freeman population which
concerns us. Green believed that Lynn was unique in having a
community composed of both freemen
and non-freemen,[88] but it is simply
that in Lynn the inferiores were specified as non-burgesses;
since other such groups elsewhere were described as the poorer residents,
it is likely that they were the ones who could not afford the
freeman entrance fine. The existence of non-freeman groups is evidenced
in our other towns too: in Yarmouth's
custumal, which required borough
laws to be obeyed not merely by every freeman but all inhabitants;
in Colchester by the insistence (1373) that everyone living in the
town for a year, be he burgess,
foreigner having his livelihood in
the town, or foreigner who frequented the town to trade, must contribute
to local taxations; in Ipswich by various fifteenth century
ordinances made by the authority of, or binding upon, bailiffs,
portmen, intrinsic burgesses, forensic burgesses, and other
inhabitants of the town.[89] The
precise basis for entrance to the franchise is not sufficiently clear
in the records and may have varied from borough to borough. This
makes it difficult to determine what proportion of the population
were freemen. At Yarmouth there is no extant record of entrances
before the reign of Henry VI; 168 burgess entrances are recorded in
the 28 years between 1429 and 1461 from which records survive, an
average of 6 annually - not very high.[90]
Householding played some part in qualification, since all freemen were
expected to be
distrainable;[91]
if so, then the fifteenth century specifications that freemen were to
be householders[92] may not be quite
the restrictive manipulation of the electorate as that it is sometimes
painted. Nor is it necessarily true that variation in entrance
fine indicates similar manipulation to exclude undesirables, since
fines were sometimes graduated according to the means of the
applicant; whilst in Ipswich, at least, the freeman community had
the power to reject applications by persons of poor reputation, without
resorting to manipulative devices.[93]
At Ipswich the invitation in 1200 to contribute
to the Merchant Gild hanse may have been tantamount to entering the
franchise, but it was optional; at mid-century the ancient specification
of being at scot and lot - that is,
contributory to communal finances (which generally involved householding) -
was stressed.[94] At Colchester, however,
it seem that householding was not initially a qualification, but that all
born within the liberty had the right to enter the franchise without
fine.[95]
This last case has been the cause of problems,
both for the Colchester authorities and the historian. Some townsmen
simply assumed the burgess privileges, to which they were entitled
by birth, without bothering to take the freeman's oath, forcing the
holding of inquisitions to determine whether justified; in 1452 the
corporation insisted that those entitled must take their oath or
forfeit their privileges.[96] For
the historian, the Colchester situation means that records of
freeman entrances there are incomplete, since they deal mostly
with fine-paying immigrants. The same seems to hold true for our
other towns. It would certainly explain the low annual average
at Yarmouth. At Ipswich only those purchasing the franchise were
recorded until the fifteenth century, the reason being that what
the authorities were interested in recording was not so much the
identities of freemen as the fines they had paid or owed (i.e. the
records were part of the accounting system, more than a legal memory);
even the few entrances by patrimony that creep into the documents, if
not because of dispute, involved the monetary redemption of the
sword of the entrant's
father.[97] Even at Lynn, where
borough finances were an exceptionally prominent concern, and entrance
fines were the second largest regular source of borough income until the
late fourteenth century, there seem to be too few entrances by patrimony
recorded; document losses cannot wholly account for the fact that almost
half the entrances of those officials here studied cannot be traced.
The reason we are so concerned about the size
of the freeman body is that most political privileges were restricted
to its members.[98] This is not
surprising, since it was the freemen who were those residents: capable
and willing to support the financial machinery on which independent
government was founded; and willing to swear the almost conspiratorial
oath of the commune, to support their fellow-freemen and the borough
government in all things and to conceal the secret counsels of the
assembly. No man could be trusted to lead his community who had
not committed himself to such allegiance.[99]
It is possible to draw together various local
records to help suggest what approximate size the freemen group may
have had. Lynn provides a few rolls recording internally imposed
taxations, the foundation of its budget; that of 1298, for example,
lists 487 persons.[100] Exemptions
are probably few, since even persons paying nothing are named, but
we cannot account for the possibility of
evasion.[101] However, both freemen
and inferiores were taxed, yet not until 1357/8 was a
clearcut distinction made, when we find 132 burgesses and 245
non-burgesses.[102] In 1313 just
over 200 Lynn men were accused of attacking Robert de Monthalt when
his abuse of his powers, as one of the heirs of the Earl of Arundel,
threatened the privileges of the freemen of the
town.[103] Sample analysis of
freemen entrances shows that between 1342 and 1353 145 persons
became freemen (annual average 12 persons), whilst between 1445 and
1456 192 persons (average 16); for comparison, Ipswich saw an
annual average of 12-15 persons[104]
between 1340 and 1351, but an average of only 3 1445-56. The
temporary victory of Lynn's reform party inspired unusual interest
in administrative affairs on the part of the populace. On 27 August
1412 112 inferiores were made freemen, to ensure the reformers'
success in the elections on 29 August, when 148 burgesses and about
100 non-burgesses attended; the large crowds at assemblies,
occasionally numbering 200-300, remained in evidence throughout
the year, contrasting with peak attendances in the late fourteenth
century of 70-110 burgesses. In 1421 119 of the better-off
non-burgesses paid fines for trading licences; it should not be
assumed that all the inferiores were poor - of the Lynn
officials studied here, 65 are known to have been adult residents
for some years before taking up the franchise. In 1461 200 of the
"more vigorous" residents (those capable of military service) were
taxed, but in fact this group included men in their
50s.[105]
Figures of similar size are forthcoming from
our other towns. At Yarmouth in 1344 314 townsmen were pardoned for
various infringements of the peace that were clearly an expression
of organised community aggression. Saul's analysis of jurors 1329-37
has shown 128 separate persons, only 83 of whom are found in the
1332 tax return.[106] At Ipswich in
1429 approximately 190 burgesses swore to uphold ordinances newly
made, whilst 79 witnessed a constitutional settlement concerning
the election of sergeants in 1436.[107]
Analysis of three groups of Colchester men involved in organised
aggressions (1319-25), along the lines already noted at Lynn and
Yarmouth, shows 187 different men, and this can be raised beyond
200 if we include other lists from contemporary sources. The lists
of women fined annually for breaking the assize of ale include
numbers of married women fluctuating in the fifteenth century
between about 175-225. In 1451/2 216 Colchester men were sworn
into tithing, although only a
small minority of the officials and electors of the year were among their
number, and in 1472 208 "inhabitants" and 371 "foreigners" swore fealty to
Edward IV.[108] By contrast, the largest
group in Maldon listed together at any one time were the 55 men sued for
trespass by the lords of the borough.[109]
We cannot come to specific conclusions from
figures such as given above, but we may note that they all fall within
much the same range and many derive from contexts suggesting a fairly
complete muster of the freeman group. Hoskins has estimated that, in
a town the size of sixteenth century Lynn, no more than one-third
of the population were likely to have been freemen. Hammer has
suggested about the same figure for fifteenth century Oxford. Martin
has said of the proportion of freemen in medieval Ipswich that
"it is probably a high one of those who are ordinarily in
evidence."[110] Here we can only
concur that the freemen section was a minority, but large enough and
open enough to warrant the description of limited democracy rather
than broad oligarchy. Apart from
the extreme cases of Maldon and Norwich, it seems likely that the number
of freemen in our towns at any given time lay within the 150-350 mark.
Given this fairly small number of qualified
men, and the evidence presented at the beginning of this chapter
suggesting that there was a fair turnover in executive office and
in elected councils, and that even life-membership councils had at
least one vacancy annually, one is led to the conclusion that
borough politics - within the limitations it imposed, probably by
general consensus, on itself - was marked by a higher degree of popular
participation than has previously been acknowledged. It is true
that decisive power was concentrated in the hands of an elite we
have called the executive committee, but power tends to devolve in
such a fashion in most political systems. The number of offices to
be filled annually in borough government, in executive, financial, and
conciliar branches - to say nothing of the bureaucratic posts, the
police organisation, and the ad hoc committees - particularly
from the late fourteenth century onwards, when the population had
shrunk but the ranks of administration were growing, make it likely
that a large minority of the freeman population were involved with
administrative duties at some time or other in their
lives.[111] An almost complete
roster of Lynn freemen drawn up in July 1440 lists 253
names.[112] Of these, 51 were then
in office (mayoralty, councils,
chamberlains' or clerk's offices)
and at least 89 others were past or future officers; that is,
approximately 56% of the freemen alive in 1440 held office at some
point during their lifetimes. This suggests that the real issue is
not one of monopolisation of office, but monopolisation of the
freedom. How restrictive was it, in terms of the proportion of
freemen to the overall population? And, more importantly, whilst
we know it was consciously restrictive, was it artificially so - had
it become a form of elitism in itself? These are questions beyond
the scope of this study.
The evidence that we have seen suggests that
election of the same individual to a post more than once, no matter
whether successively or with intervals between office-holding, could
have owed as much to necessity as to monopoly, in the face of
limited candidates (viz. those with appropriate qualifications and
with the will to serve). It also suggests that electoral committees
could, over the course of time, accommodate much of the
electorate.[113] Yet, before we
become overly impressed by the degree of participation, we must ask
whether there may not be a fundamental assumption in which we are
mistaken. It is easy for the modern writer to assume that office
was desired and even pursued, for its power, dignity, and
opportunities, and that in this race those members of the community
who were socially and economically best-endowed were easy victors.
But was this the case? Or were office-holders men who had been
willing to accept governmental roles only when called upon by
others less willing, or even men reluctant to take on the burden
but obliged by the default of others and by the pressure of their
peers? To this question we must now turn.