Legal Definitions - de expensis civium et burgensium

De expensis civium et burgensium is a historical legal term from medieval England. It refers to a specific type of legal order, known as a writ, that was issued to a sheriff. This writ commanded the sheriff to collect funds from the citizens and burgesses (representatives of towns or boroughs) within their jurisdiction. The purpose of these collected funds was to cover the expenses incurred by their elected representatives while attending sessions of Parliament.

In essence, it was a mechanism to ensure that the costs associated with parliamentary representation—such as travel, accommodation, and daily living expenses—were borne by the communities that the representatives served.

• Example 1: Funding a Representative's Journey

  Imagine the bustling port town of Southampton in the 15th century. Two burgesses are elected to represent Southampton in a parliamentary session held in Westminster, London. The journey by road is arduous and lengthy, requiring several days of travel and a prolonged stay in the capital. To ensure these representatives could afford to fulfill their civic duty without personal financial ruin, a writ of de expensis civium et burgensium would be dispatched to the Sheriff of Hampshire. This writ would legally empower and instruct the sheriff to levy the necessary funds from the eligible citizens and burgesses of Southampton to cover the representatives' travel, lodging, and other essential costs for the duration of Parliament.

• Example 2: Enforcing Reimbursement for Service

  Consider a scenario where a representative from the borough of York has returned from a parliamentary session, having diligently served the interests of their constituents. They have submitted an account of their legitimate expenses, but the local community is slow or unwilling to contribute the necessary funds for reimbursement. In such a case, the representative, or perhaps the Crown, could petition for a de expensis civium et burgensium writ. This writ would then be issued to the Sheriff of Yorkshire, compelling them to use their authority to collect the specified expenses from the residents of York, thereby ensuring the representative was properly compensated for their public service.

• Example 3: Mandatory Contribution for Representation

  Picture a smaller, less prosperous market town in the 14th century, which nonetheless had the right and obligation to send a representative to Parliament. The financial burden of sending a burgess to London for several weeks could be substantial for the town's inhabitants. Despite potential economic hardship, the issuance of a de expensis civium et burgensium writ meant that the collection of these funds was not optional. The sheriff would be legally bound to levy these expenses from the town's citizens, underscoring the mandatory nature of this historical financial contribution towards maintaining parliamentary representation, regardless of the local community's economic circumstances.