London and the Kingdom Volume I Part 3

"William, King, greets William, Bishop, and Gosfregdh, Portreeve, and all the burgesses within London, French and English, friendly. And I give you to know that I will that ye be all those laws worthy that ye were in King Eadward's day.(82) And I will that every child be his father's heir after his father's day and I will not suffer that any man offer you any wrong.

G.o.d keep you."

The terms of the charter are worthy of study. They are primarily remarkable as indicating that the City of London was, at the time, subject to a government which combined the secular authority of the port-reeve with the ecclesiastical authority of the bishop. It was said, indeed, to have been greatly due to the latter's intercession that the charter was granted at all, and, in this belief, the mayor and aldermen were long accustomed to pay a solemn visit to the bishop's tomb in St. Paul's church, there to hear a _De profundis_ on the day when the new mayor took his oath of office before the Barons of the Exchequer.(83)

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As regards the port-reeve-the _port-gerefa_, _i.e._, reeve of the port or town of London(84)-the nature and extent of his duties and authority, much uncertainty exists. Whilst, in many respects, his position in a borough was a.n.a.logous no doubt to the s.h.i.+re-reeve or sheriff of a county, there were, on the other hand, duties belonging to and exercised by the one which were not exercised by the other. Thus, for instance, the port-reeve, unlike the sheriff, exercised no judicial functions in a criminal court, nor presided over court-leets in the city as the sheriff did in his county by _turn_, the latter being held independently by the alderman of each ward.(85)

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In the next place the charter brings prominently to our notice the fact that there was already existing within the City's walls a strong Norman element, existing side by side with the older English burgesses, which the Conqueror did well not to ignore. The descendants of the foreign merchants from France and Normandy, for whose protection Ethelred had legislated more than half a century before, had continued to carry on their commercial intercourse with the Londoners, and were looking forward to a freer interchange of merchandise now that the two countries were under one sovereign. Their expectation was justified. No sooner had London submitted to the Norman Conqueror than, we are told, "many of the citizens of Rouen and Caen pa.s.sed over thither, preferring to be dwellers in that city, inasmuch as it was fitter for their trading, and better stored with the merchandise in which they were wont to traffic."(86) But by far the most important clause in the charter is that which places the citizens of London in the same position respecting the law of the land as they enjoyed in the days of their late king, Edward the Confessor. Here there is distinct evidence that the Conqueror had come "neither to destroy, nor to found, but to continue."(87) The charter granted nothing new; it only ratified and set the royal seal(88) to the rights and privileges of the citizens already in existence.

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It is recorded that William granted another charter to the citizens of London, vesting in them the City and Sheriffwick of London, and this charter the citizens proffered as evidence of their rights over the cloister and church of St. Martin le Grand, when those rights were challenged in the reign of Henry VI.(89) This charter has since been lost.

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The compact thus made between London and the Conqueror was faithfully kept by both parties. Having ascended the English throne by the aid of the citizens of London, William, unlike many of his successors, was careful not to infringe the terms of their charter, whilst the citizens on the other hand continued loyal to their accepted king, and lent him a.s.sistance to put down insurgents in other parts of the kingdom. The fortress which William erected within their city's walls did not disturb their equanimity. It was sufficient for them that, under the Conqueror's rule, the country was once more peaceful, so peaceful that, according to the chronicler, a young maiden could travel the length of England without being injured or robbed.(90)

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The close of the reign of William the First witnessed the completion of "Doomsday," or survey of the kingdom, which he had ordered to be made for fiscal purposes. For some reason not explained, neither London nor Winchester-the two capitals, so to speak, of the kingdom-were included in this survey. It may be that the importance of these boroughs, their wealth and population, necessitated some special method of procedure; but this does not account for the omission of Northumberland, c.u.mberland, Westmorland, and Durham, from the survey. We know that Winchester was afterwards surveyed, but no steps in the same direction were ever taken with respect to London. The survey was not effected without disturbances, owing to the inquisitorial power vested in the commissioners appointed to carry it out.

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William died whilst on a visit to his duchy of Normandy, and "he who was before a powerful king, and lord of many a land, had then of all his land, only a portion of seven feet."(91) the same which, to this day, holds his mortal remains in the Abbey at Caen. He was succeeded by William his son.

The death of the father and accession of his son was marked by fire, pestilence, and famine.(92)

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A fire destroyed St. Paul's and the greater part of the City. Maurice, Bishop of London, at once set to work to rebuild the Cathedral on a larger and more magnificent scale, erecting the edifice upon arches in a manner little known in England at that time, but long practised in France. The Norman Conquest was already working for good. Not only the style of architecture, but the very stone used in re-building St. Paul's came from France, the famous quarries of Caen being utilised for the purpose.(93)

There was already in the city, one church built after the same manner, and on that account called St. Mary of Arches or "le Bow." The object of setting churches and other buildings upon vaults was to guard against fire. Whatever defence against fire this method of building may have afforded, it was certainly no defence against wind. In 1091, the roof of St. Mary-le-Bow was clean blown off, huge baulks of timber, 26 feet long, being driven into the ground with such force that scarce 4 feet of them could be seen.(94)

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The reign of the new king was one of oppression. Nevertheless, he continued to secure that protection for life and property which his father had so successfully achieved, so that a man "who had confidence in himself" and was "aught," could travel the length and breadth of the land unhurt, "with his bosom full of gold."(95) He also had an eye for the protection of the city, and the advancement of its commerce, surrounding the Tower of London by a wall, and repairing the bridge which had been nearly washed away by a flood.(96)

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On the 2nd August, 1100, the Red King met his death suddenly in the New Forest, and the next day was buried at Winchester. According to a previous agreement, the crown should have immediately devolved upon his brother Robert. Crowns, however, were not to be thus disposed of; they fell only to those ready and strong enough to seize them. Robert was far away on a crusade. His younger brother Henry was on the spot, and upon him fell the choice of such of the witan as happened to be in or near Winchester at the time of the late king's death.(97)

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The two days that elapsed before his coronation at Westminster (5th August), the king-elect spent in London, where by his easy and eloquent manner, as well as by fair promises, he succeeded in winning the inhabitants over to his cause, to the rejection of the claims of Robert.

The election, or perhaps we should rather say, the selection of Henry by the witan at Winchester, was thus approved and confirmed by the whole realm (_regni universitas_), in the city of London.

The choice was made however on one condition, viz.:-that Henry should restore to his subjects their ancient liberties and customs enjoyed in the days of Edward the Confessor.(98) The charter thus obtained served as an exemplar for the great charter of liberties which was to be subsequently wrung from King John.

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Another charter was granted by the new king-a charter to the citizens of London-granted, as some have thought, soon after his accession, and by way of recognition of the services they had rendered him towards obtaining the crown. This however appears to be a mistake. There is reason for supposing that this charter was not granted until at least thirty years after he was seated on the throne.(99)

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The chief features of the grant(100) were that the citizens were thenceforth to be allowed to hold Middles.e.x to farm at a rent of 300 a year, and to appoint from among themselves whom they would to be sheriff over it; they were further to be allowed to appoint their own justiciar to hold pleas of the crown, and no other justiciar should exercise authority over them; they were not to be forced to plead without the city's walls; they were to be exempt from scot and lot and of all payments in respect of Danegelt and murder; they were to be allowed to purge themselves after the English fas.h.i.+on of making oath and not after the Norman fas.h.i.+on by wager of battle; their goods were to be free of all manner of customs, toll, pa.s.sage and lestage; their husting court might sit once a week; and lastly, they might resort to "withernam" or reprisal in cases where their goods had been unlawfully seized.

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Touching the true import of this grant of Middles.e.x to the citizens at a yearly rent, with the right of appointing their own sheriff over it, no less than the ident.i.ty of the justiciar whom they were to be allowed to choose for themselves for the purpose of hearing pleas of the crown within the city, much divergence of opinion exists. Some believe that the government of the city was hereby separated from that of the s.h.i.+re wherein it was situate, and that the right of appointing their own justiciar which the citizens obtained by this charter was the right of electing a sheriff for the city of London in the place of the non-elective ancient port-reeve. Others deny that the charter introduced the s.h.i.+re organization into the government of the city, and believe the justiciar and sheriff to have been distinct officials.(101) The latter appear to hold the more plausible view. Putting aside the so-called charter of William the First, granting to the citizens in express terms _civitatem et vice-comitatum Londoniae_, as wanting in corroboration, a solution of the difficulty may be found if we consider (1) that the city received a s.h.i.+re organization and became in itself to all intents and purposes a county as soon as it came to be governed by a port-reeve, if not as soon as an alderman had been set over it by Alfred; (2) that the duties of the shrievalty in respect of the county of the city of London were at this time performed either by a port-reeve or by one or more officers, known subsequently as sheriffs, and (3) that for the right of executing these duties no rent or ferm was ever demanded or paid.(102)

If this be a correct view of the matter, it would appear that the effect of Henry's grant of Middles.e.x to the citizens to farm, and of the appointment of a sheriff over it of their own choice, was not so much to render the city independent of the s.h.i.+re, as to make the s.h.i.+re subject to the city. It must be borne in mind that no sheriff (or sheriffs) has ever been elected by the citizens for Middles.e.x alone, the duties appertaining to the sheriff-wick of Middles.e.x having always been performed by the sheriffs of the city for the time being.(103) Hence it is that the shrievalty of London and Middles.e.x is often spoken of as the shrievalty of "London" alone, and the shrievalty of "Middles.e.x" alone (the same officers executing the duties of both shrievalties) and the _firma_ of 300 paid for the shrievalty of Middles.e.x alone is sometimes described as the _firma_ of "London," sometimes of "Middles.e.x," and sometimes of "London and Middles.e.x."(104)

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The right of electing their own justiciar granted to the citizens by Henry resolves itself into little more than a confirmation of the right to elect their own sheriffs.(105) Just as sheriffs are known to have held pleas of the crown in the counties up to the time of the Great Charter (although their duties were modified by Henry I, and again by Henry II, when he appointed Justices in eyre) so in the city of London, no one, except the sheriffs of London could hold pleas of the crown, and an attempt made by the Barons in 1258 to introduce a justiciar into the Guildhall was persistently challenged by the citizens.(106)

Even those who stedfastly maintain that in the country the sheriff and justiciar grew up to be two distinct officers, the one representing local interest and the other imperial, are willing to allow that in the city of London such distinction was evanescent. The office of justiciar in the city was twice granted _eo nomine_ to Geoffrey de Mandeville, Earl of Ess.e.x, and it is twice mentioned as having been held by one named Gervase, who (there is reason to believe) is identical with Gervase de Cornhill, a Sheriff of London in 1155 and 1156; but the office became extinct at the accession of Henry II.(107)

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The events which followed Henry's decease afford us another instance of the futility of all attempts at this early period to settle the succession to the crown before the throne was actually vacant. The King's nephew, Stephen of Blois, and the n.o.bility of England had sworn to accept the King's daughter Matilda, wife of Geoffery of Anjou, as their sovereign on the death of her father; yet when that event took place in 1135, Stephen, in spite of his oath, claimed the crown as nearest male heir of the Conqueror's blood.(108)

There was no doubt of his popularity, whilst Matilda on the other hand injured her cause by marrying an Angevin. On the continent a bitter feud existed between Norman and Angevin; in England the Norman had steadily increased in favour, and England's crown was Stephen's if he had courage enough to seize it.

Landing on the Kentish coast, his first reception was far from encouraging. Canterbury and Dover, held by the Earl of Gloucester, refused to acknowledge him and closed their gates on his approach. Undismayed by these rebuffs, Stephen pushed on to London, where he was welcomed by every token of good will. The Londoners had been no party to the agreement to recognise Matilda as Henry's successor; they had become accustomed to exercising a right of sharing in the choice of a king who should reign over them, and they now chose Stephen. "It was their right, their special privilege," said they, "on the occasion of the king's decease, to provide another in his place."(109) There was no time to be lost, the country was in danger, Stephen was at hand, sent to them, as they believed, by the goodness of Providence. They could not do better than elect him: and elected he was by the a.s.sembled aldermen or eldermen (_majores natu_) of the City.

Such is the story of Stephen's election as given by the author of the "Gesta Stephani," one who wrote as an eye-witness of what took place, but whose statements cannot always be taken as those of an independent chronicler of events. Informal as this election may have been, it marks an important epoch in the annals of London. Thenceforth the city a.s.sumes a pre-eminent position and exercises a predominant influence in the public affairs of the kingdom.(110)

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From London Stephen went down to Winchester, where he was heartily welcomed by his brother Henry, recently appointed papal legate. Next to London, it was important that Stephen should secure Winchester, and now that London had spoken, the citizens of Winchester no longer hesitated to throw in their lot with the king. Winchester secured, and Stephen put in possession of the royal castle and treasury, he returned to London, where all doubts as to the validity or invalidity of his election were set at rest by the ceremony of coronation (Dec. 1135).

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In the spring of the following year (April 1136), a brilliant council of the clergy and magnates of the realm was held in London,(111) reminding one of the Easter courts of the days of the Conqueror which latterly had been shorn of much of their splendour. The occasion was one for introducing the new king to his subjects as well as for confirming the liberties of the church, and Stephen may have taken special care to surround it with exceptional splendour as a set off against the meagreness which had characterised the recent ceremony of his coronation.(112)

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In the meanwhile the injured Matilda appealed to Rome, but only with the result that her rival received formal recognition from the Pope. Three years later (1139) she landed in England accompanied by her brother, the Earl of Gloucester. She soon obtained a following, more especially in the west; and Winchester-the seat of the royal residence of the queens of England since the time when Ethelred presented the city as a "morning gift" to his consort at their marriage-became her headquarters and rallying point for her supporters, whilst London served in the same way for Stephen.

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After nine months of sieges and counter sieges, marches and counter marches, in which neither party could claim any decided success, Stephen, as was his wont, withdrew to London and shut himself up in the Tower, with only a single bishop, and he a foreigner, in his train. Whilst safe behind the walls of that stronghold, negotiations were opened between him and the empress for a peaceful settlement of their respective claims (May, 1140), Henry of Winchester acting as intermediary between the rival parties.(113) The negotiations ended without effecting the desired result.

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Matters a.s.sumed an entirely different aspect when Stephen was made prisoner at Lincoln in the following year (2nd Feb., 1141). Henry of Winchester forsook his role of arbitrator, and entered into a formal compact with the empress who arrived before Winchester with the laurels of her recent success yet fresh, agreeing to receive her as "Lady of England," (_Domina Angliae_) and promising her the allegiance of himself and his followers so long as she would keep her oath and allow him a free hand in ecclesiastical matters.(114)