The Imperative Mandate in the Spanish Cortes of the Middle Ages

A study of the beginnings of national representation inevitably brings to the surface details which in their time were part or parcel of mediæval practices. One cannot expect that these usages, even as connected with representative institutions, can be of concern in our more complex modern circumstances, since the Middle Ages had comparatively few and simple problems for legislative solution. In those days the questions of relationship between the administrative and the legislative, and between the local and the central or national, had not emerged clearly. Nevertheless, such details and questions are interesting as examples of mediæval theory and efficiency, and, moreover, some of them are not entirely devoid of connection with present-day difficulties.The custom of making in advance a decision which was imposed by the electors upon their chosen representative, a custom known as the imperative mandate, was an important factor in early representative government. It was sound in legal theory, and some of its practice will be seen in the pages which follow. Also, its connection is with that early stage in popular government in which the development of representative institutions corresponded somewhat to one phase of the present. I refer to what is apparently a need to ask from the electors themselves their opinion on large, general questions of principle—for example, in our time, the referendum in Germany on the adoption of the Young Plan.