CHAPTER II.

[pg 030]CHAPTER II.The landing of William, and Battle of Senlac, 1066.As soon as the news of Harold's coronation reached William of Normandy, he claimed the crown which Edward the Confessor had promised him. According to every principle of succession recognised in England, at the time, he had no right to the crown whatever. When the Norman invader landed at Pevensey, Harold was at York, having recently succeeded in defeating his brother Tostig, the deposed Earl of Northumbria, who, with the assistance of Harold Hardrada, had attacked the northern earls, Edwine and Morkere. On hearing of the Duke's landing, Harold hastened to London. A general muster of forces was there ordered, and Edwine and Morkere, who were bound to Harold by family tie—the King having married their sister—were bidden to march southward with the whole force of their earldoms. But neither gratitude for their late deliverance at the hands of their brother-in-law, nor family affection, could hurry the steps of these earls, and they arrived too late. The battle of Senlac, better known as the battle of Hastings, had been won and lost (14th Oct., 1066), the Norman was conqueror, and Harold had perished. For a second time within twelve months the English throne was vacant.76The times were too critical to hold a formal gemót for the election of a successor to the throne; but the[pg 031]citizens of London and the sailors or "butsecarls" (whom it is difficult not to associate with the "lithsmen" of former days) showed a marked predilection in favour of Edgar the Atheling, grandson of Edmund Ironside, and the sole survivor of the old royal line. The Archbishop, too, as well as the northern earls, were in his favour, but the latter soon withdrew to their respective earldoms and left London and the Atheling to their fate.77Thus, "the patriotic zeal of the men of London was thwarted by the base secession of the northern traitors."William's March to London.After waiting awhile at Hastings for the country to make voluntary submission, and finding that homagers did not come in, William proceeded to make a further display of force. In this he betrayed no haste, but made his way through Kent in leisurely fashion, receiving on his way the submission of Winchester and Canterbury, using no more force than was absolutely necessary, and endeavouring to allay all fears, until at length he reached the suburbs of London.78He had been astute enough to give out that he came not to claim a crown, but only a right to be put in nomination for it. To the mind of the Londoner, such quibbling failed to commend itself, and the citizens lost no time in putting their city into a posture[pg 032]of defence, determined not to surrender it without a blow.Sets fire to Southwark in hopes of terrifying the citizens.Upon William's arrival in Southwark, the citizens sallied forth. They were, however, beaten back after a sharp skirmish, and compelled to seek shelter again within their city's walls. William hesitated to make a direct attack upon the city, but hoped by setting fire to Southwark to strike terror into the inhabitants and bring them to a voluntary surrender. He failed in his object; the city still held out, and William next resorted to diplomacy.Negotiations between William and the City.The ruling spirit within the city at that time was Ansgar or Esegar the "Staller" under whom, as Sheriff of Middlesex, the citizens had marched out to fight around the royal standard at Hastings. He had been carried wounded from the field, and was now borne hither and thither on a litter, encouraging the citizens to make a stout defence of their city. To him, it is said, William sent a private message from Berkhampstead, asking only that the Conqueror's right to the crown of England might be acknowledged and nothing more, the real power of the kingdom might remain with Ansgar if he so willed. Determined not to be outwitted by the Norman, Ansgar (so the story goes) summoned a meeting of the eldermen (natu majores) of the City—the forerunners of the later aldermen—and proposed a feigned submission which might stave off immediate danger. The proposal was accepted and a messenger despatched. William pretended to accept the terms offered, and at the same time so worked upon the messenger with fair promises and gifts that on his return he converted his fellow citizens and[pg 033]induced them by representations of the Conqueror's friendly intentions and of the hopelessness of resistance, to make their submission to him, and to throw over the young Atheling.London submits to the Conqueror.Whatever poetic tinge there may be about the story as told by Guy of Amiens, it is certain that the citizens came to the same resolution, in effect, as that described by the poet, nor could they well have done otherwise. The whole of the country for miles around London, had already tendered submission or been forced into it. The city had become completely isolated, and sooner or later its inhabitants must have been starved out. There was, moreover, a strong foreign element within its walls.79Norman followers of Edward the Confessor were ever at hand to counsel submission. London submitted, the citizens accepting the rule of the Norman Conqueror as they had formerly accepted that of Cnut the Dane, "from necessity." An embassy was despatched to Berkhampstead, comprising the Archbishop of York, the young Atheling, the earls Edwine and Morkere, and "all the best men of London," to render homage and give hostages,80and thus it was, that within three months of his landing, William was acknowledged as the lawfully elected King of England, and, as such, he crowned himself at Westminster, promising to govern the nation as well as any king before him if they would be faithful to him.His charter to the citizens of London.The conciliatory spirit of William towards the Londoners is seen in the favourable terms he was ready to concede them. Soon after his coronation—[pg 034]the precise date cannot be determined—he granted them a charter,81by which he clearly declared his purpose not to reduce the citizens to a state of dependent vassalage, but to establish them in all the rights and privileges they had hitherto enjoyed.The charter, rendered into modern English, runs as follows:—"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.82And 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. God 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[pg 035]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 aDe profundison the day when the new mayor took his oath of office before the Barons of the Exchequer.83The office of port-reeve.As regards the port-reeve—theport-gerefa,i.e., reeve of the port or town of London84—the nature and extent of his duties and authority, much uncertainty exists. Whilst, in many respects, his position in a borough was analogous no doubt to the shire-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 byturn, the latter being held independently by the alderman of each ward.85The foreign element already existing in the City.Its increase after the Conquest.The charter makes no new grant.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,[pg 036]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 passed 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."86But 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."87The charter granted nothing new; it only ratified and set the royal seal88to the rights and privileges of the citizens already in existence.William's other charter granting the sheriffwick of London.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[pg 037]rights were challenged in the reign of Henry VI.89This charter has since been lost.The strong government of William.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 assistance 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"Doomsday" Book completed.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,[pg 038]their wealth and population, necessitated some special method of procedure; but this does not account for the omission of Northumberland, Cumberland, 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.Death of William the Conqueror, and accession of his son, 1087.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."91the 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.92St. Paul's destroyed by fire, 1087.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.93There 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[pg 039]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.94The Tower strengthened and the bridge repaired, 1097.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."95He 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.96Election of Henry I by the Witan at Winchester, 1100.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[pg 040]Their choice confirmed by the City of London.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.98The charter thus obtained served as an exemplar for the great charter of liberties which was to be subsequently wrung from King John.Henry's charter to the City of London.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.99The main features of the charter.The chief features of the grant100were that the citizens were thenceforth to be allowed to hold Middlesex to farm at a rent of £300 a year, and to[pg 041]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 fashion of making oath and not after the Norman fashion by wager of battle; their goods were to be free of all manner of customs, toll, passage 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.The grant of Middlesex to ferm, and choice of sheriff.Touching the true import of this grant of Middlesex to the citizens at a yearly rent, with the right of appointing their own sheriff over it, no less than the identity 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 shire 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 shire organization into the government of the city, and believe the justiciar and sheriff to have been distinct officials.101The latter appear to hold the more plausible view. Putting aside[pg 042]the so-called charter of William the First, granting to the citizens in express termscivitatem et vice-comitatum Londoniæ, as wanting in corroboration, a solution of the difficulty may be found if we consider (1) that the city received a shire 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.102If this be a correct view of the matter, it would appear that the effect of Henry's grant of Middlesex 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 shire, as to make the shire subject to the city. It must be borne in mind that no sheriff (or sheriffs) has ever been elected by the citizens for Middlesex alone, the duties appertaining to the sheriff-wick of Middlesex having always been performed by the sheriffs of the city for the time being.103Hence it is that the shrievalty of London and Middlesex is often spoken of as the shrievalty of "London" alone, and the shrievalty of[pg 043]"Middlesex" alone (the same officers executing the duties of both shrievalties) and thefirmaof £300 paid for the shrievalty of Middlesex alone is sometimes described as thefirmaof "London," sometimes of "Middlesex," and sometimes of "London and Middlesex."104The citizens' right to elect their own Justiciar.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.105Just 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.106Even 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[pg 044]city of London such distinction was evanescent. The office of justiciar in the city was twice grantedeo nomineto Geoffrey de Mandeville, Earl of Essex, 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.107London and the election of Stephen, 1135The 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 nobility 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.108There 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[pg 045]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."109There 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 assembled 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 assumes a pre-eminent position and exercises a predominant influence in the public affairs of the kingdom.110Coronation of Stephen, December, 1135.From London Stephen went down to Winchester, where he was heartily welcomed by his brother Henry,[pg 046]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).A great Council held in London, April, 1136.In the spring of the following year (April 1136), a brilliant council of the clergy and magnates of the realm was held in London,111reminding 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.112Arrival of the Empress Matilda in England. 1139.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[pg 047]point for her supporters, whilst London served in the same way for Stephen.Attempted negotiations between Stephen and Matilda, May, 1140.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.113The negotiations ended without effecting the desired result.Matilda formally acknowledged "Lady of England," 1141.Matters assumed an entirely different aspect when Stephen was made prisoner at Lincoln in the following year (2nd Feb., 1141). Henry of Winchester forsook his rôle 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 Angliæ) 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[pg 048]A synod at Winchester, 7th April, 1141.This compact was entered into on the 2nd March, and on the following day the empress was received with solemn pomp into Winchester Cathedral. It remained for the compact to be ratified. For this purpose an ecclesiastical synod was summoned to sit at Winchester on the 7th April. The day was spent by the legate holding informal communications with the bishops, abbots, and archdeacons who were in attendance, and who then for the first time in England's history claimed the right not only of consecration, but of election of the sovereign.115On the 8th April, Henry in a long speech announced to the assembled clergy the result of the conclave of the previous day. He extolled the good government of the late king who before his death had caused fealty to be sworn to his daughter, the empress. The delay of the empress in coming to England (he said) had been the cause of Stephen's election. The latter had forfeited all claim to the crown by his bad government, and God's judgment had been pronounced against him. Lest therefore, the nation should suffer for want of a sovereign, he, as legate, had summoned them together, and by them the empress had been elected Lady of England. The speech was received with unanimous applause, those to whom the election did not commend itself being wise enough to hold their tongue.The Londoners summoned to attend the synod.But there was another element to be considered before Matilda's new title could be assured. What would the Londoners who had taken the initiative in setting Stephen on the throne, and still owed to them[pg 049]their allegiance, say to it? The legate had foreseen the difficulty that might arise if the citizens, whom he described as very princes of the realm, by reason of the greatness of their city (qui sunt quasi optimates pro magnitudine civitatis in Anglia), could not be won over. He had, therefore, sent a special safe conduct for their attendance, so he informed the meeting after the applause which followed his speech had died away, and he expected them to arrive on the following day. If they pleased they would adjourn till then.They arrive and request the king's release, 9th April, 1141.The next day (9th April) the Londoners arrived, as the legate had foretold, and were ushered before the council. They had been sent, they said, by the so called "commune" of London; and their purpose was not to enter into debate, but only to beg for the release of their lord, the king.116The statement was supported by all the barons then present who had entered the commune of the city117and met with the approval of the archbishop and all the clergy in attendance. Their solicitations, however, proved of no avail. The legate replied with the same arguments he had used the day before, adding that it ill became the Londoners who were regarded as nobles (quasi proceres) in the land to foster those who had basely deserted their king on the field of battle, and who only curried favour with the citizens in order to fleece them of their money.[pg 050]Their request backed up by a letter from the Queen.Here an interruption took place. A messenger presented to the legate a paper from Stephen's queen to read to the council. Henry took the paper, and after scanning its contents, refused to communicate them to the meeting. The messenger, however, not to be thus foiled, himself made known the contents of the paper. These were, in effect, an exhortation by the queen to the clergy, and more especially to the legate himself, to restore Stephen to liberty. The legate, however, returned the same answer as before, and the meeting broke up, the Londoners promising to communicate the decision of the council to their brethren at home, and to do their best to obtain their support.The Londoners after much hesitation receive the Empress into their city, June, 1141.The next two months were occupied by the empress and her supporters in preparing the way for her admission into the city, the inhabitants of which, had as yet shown but little disposition towards her. But however great their inclination may have been to Stephen, they at length found themselves forced to transfer their allegiance and to offer, for a time at least, a politic submission to the empress. Accordingly, a deputation went out to meet her at St. Albans (May 1141), and arrange terms on which the city should surrender.118More delay took place; and it was not until shortly before midsummer (1141), that she entered the city. Her stay was brief. She treated the inhabitants as vanquished foes,119extorted large sums of[pg 051]money,120and haughtily refused to observe the laws of Edward the Confessor they valued so much, preferring those of the late king, her father.121The Empress forced to leave the city.The consequence was that, within a few days of her arrival in London, the inhabitants rose in revolt, drove her out of the city122and attacked the Tower, of which Geoffrey de Mandeville was constable, as his father William had been before him.123Geoffrey de Mandeville, Earl of Essex, and Constable of the Tower, won over by the Empress.This Geoffrey de Mandeville had been recently created Earl of Essex by Stephen, in the hope and expectation that the fortress over which Geoffrey was governor, would be held secure for the royal cause. The newly fledged earl, however, was one who ever fought for his own hand, and was ready to sell his fortress and sword to the highest bidder. The few days that the empress was in the city, afforded her an opportunity of risking a trial to win over the earl from his allegiance. To this end she offered to confirm him in his earldom and to continue him in his office of Constable of the Tower, conferred upon him[pg 052]by Stephen; in addition to which, she was ready to allow him to enjoy lands of the rent of £100 a year, a license to fortify his castles, and the posts of sheriff and justiciar throughout his earldom. The bait was too tempting for the earl not to accept; and a charter to the above effect was drawn up and executed.124Forsakes the Empress for the Queen.Scarcely had the fickle earl consented to throw in his lot with the empress before she had to flee the city. The departure of the empress was quickly followed by the arrival of her namesake, Matilda, the valiant queen of the captured Stephen; and again the earl proved false to his allegiance and actively supported the queen in concert with the citizens.125Capture of Winchester, and release of Stephen, Sept., 1141.With his aid126and the aid of the Londoners,127the queen was enabled to reduce Winchester and to effect the liberation of her husband by exchanging the Earl of Gloucester, brother of the empress, for the captured king.His second charter to Mandeville.After being solemnly crowned, for the second time,128at Canterbury, Stephen issued a second charter[pg 053](about Christmas time, 1141),129to Geoffrey de Mandeville, confirming and augmenting the previous grant by the empress. Instead of sheriff and justiciar of his own county of Essex merely, he is now made sheriff and justiciar of London and Middlesex, as well as of Hertfordshire.London holds the balance between the rival powers.But even these great concessions failed to secure the earl's fidelity to the king. Again he broke away from his allegiance and planned a revolt in favour of the empress who recompensed him with still greater dignities and possessions than any yet bestowed. This second charter of the empress,130is remarkable for a clause in which she promises never to make terms with the Londoners without the earl's consent, "because they are his mortal foes."131But the plans of the earl were doomed to be frustrated. The empress, tired of the struggle, soon ceased to be dangerous, and eventually withdrew to the continent, and Stephen was left free to deal with the rebel earl alone. With the assistance of the Londoners, who throughout the long period of civil dissension, were generally to be found on the winning side, and held as it were the balance between the rival powers, Stephen managed after considerable bloodshed to capture the fortifications erected by the Earl at Farringdon.132[pg 054]Arrest of the earl, his freebooting life and death, September, 1143.The earl was subsequently treacherously arrested and made to give up his castles. Thenceforth his life was that of a marauding freebooter, until, fatally wounded at the siege of Burwell, he expired in September, 1143.Arrival of Henry of Anjou in England, 1153Notwithstanding the absence of the empress and the death of the faithless earl, a desultory kind of war continued to be carried on for the next ten years on behalf of Henry of Anjou, son of the empress. In 1153 that prince arrived in England to fight his own battles and maintain his right to the crown, which the king had already attempted to transfer to the head of his own son Eustace. This attempt had been foiled by the refusal of the bishops, at the instigation of the pope, to perform the ceremony. The sudden death of Eustace made the king more ready to enter into negotiations for effecting a peaceful settlement.Peace concluded between Stephen and Henry at Winchester, November, 1153.Henry conducted to London.A compromise was accordingly effected at Winchester,133whereby Stephen was to remain in undisputed possession of the throne for life, and after his death was to be succeeded by Henry. The news that at last an end had come to the troubles which for nineteen years had disturbed the country, was received with universal joy, and Henry, conducted to London by the king himself, was welcomed in a manner befitting one who was now the recognised heir to the crown.134

[pg 030]CHAPTER II.The landing of William, and Battle of Senlac, 1066.As soon as the news of Harold's coronation reached William of Normandy, he claimed the crown which Edward the Confessor had promised him. According to every principle of succession recognised in England, at the time, he had no right to the crown whatever. When the Norman invader landed at Pevensey, Harold was at York, having recently succeeded in defeating his brother Tostig, the deposed Earl of Northumbria, who, with the assistance of Harold Hardrada, had attacked the northern earls, Edwine and Morkere. On hearing of the Duke's landing, Harold hastened to London. A general muster of forces was there ordered, and Edwine and Morkere, who were bound to Harold by family tie—the King having married their sister—were bidden to march southward with the whole force of their earldoms. But neither gratitude for their late deliverance at the hands of their brother-in-law, nor family affection, could hurry the steps of these earls, and they arrived too late. The battle of Senlac, better known as the battle of Hastings, had been won and lost (14th Oct., 1066), the Norman was conqueror, and Harold had perished. For a second time within twelve months the English throne was vacant.76The times were too critical to hold a formal gemót for the election of a successor to the throne; but the[pg 031]citizens of London and the sailors or "butsecarls" (whom it is difficult not to associate with the "lithsmen" of former days) showed a marked predilection in favour of Edgar the Atheling, grandson of Edmund Ironside, and the sole survivor of the old royal line. The Archbishop, too, as well as the northern earls, were in his favour, but the latter soon withdrew to their respective earldoms and left London and the Atheling to their fate.77Thus, "the patriotic zeal of the men of London was thwarted by the base secession of the northern traitors."William's March to London.After waiting awhile at Hastings for the country to make voluntary submission, and finding that homagers did not come in, William proceeded to make a further display of force. In this he betrayed no haste, but made his way through Kent in leisurely fashion, receiving on his way the submission of Winchester and Canterbury, using no more force than was absolutely necessary, and endeavouring to allay all fears, until at length he reached the suburbs of London.78He had been astute enough to give out that he came not to claim a crown, but only a right to be put in nomination for it. To the mind of the Londoner, such quibbling failed to commend itself, and the citizens lost no time in putting their city into a posture[pg 032]of defence, determined not to surrender it without a blow.Sets fire to Southwark in hopes of terrifying the citizens.Upon William's arrival in Southwark, the citizens sallied forth. They were, however, beaten back after a sharp skirmish, and compelled to seek shelter again within their city's walls. William hesitated to make a direct attack upon the city, but hoped by setting fire to Southwark to strike terror into the inhabitants and bring them to a voluntary surrender. He failed in his object; the city still held out, and William next resorted to diplomacy.Negotiations between William and the City.The ruling spirit within the city at that time was Ansgar or Esegar the "Staller" under whom, as Sheriff of Middlesex, the citizens had marched out to fight around the royal standard at Hastings. He had been carried wounded from the field, and was now borne hither and thither on a litter, encouraging the citizens to make a stout defence of their city. To him, it is said, William sent a private message from Berkhampstead, asking only that the Conqueror's right to the crown of England might be acknowledged and nothing more, the real power of the kingdom might remain with Ansgar if he so willed. Determined not to be outwitted by the Norman, Ansgar (so the story goes) summoned a meeting of the eldermen (natu majores) of the City—the forerunners of the later aldermen—and proposed a feigned submission which might stave off immediate danger. The proposal was accepted and a messenger despatched. William pretended to accept the terms offered, and at the same time so worked upon the messenger with fair promises and gifts that on his return he converted his fellow citizens and[pg 033]induced them by representations of the Conqueror's friendly intentions and of the hopelessness of resistance, to make their submission to him, and to throw over the young Atheling.London submits to the Conqueror.Whatever poetic tinge there may be about the story as told by Guy of Amiens, it is certain that the citizens came to the same resolution, in effect, as that described by the poet, nor could they well have done otherwise. The whole of the country for miles around London, had already tendered submission or been forced into it. The city had become completely isolated, and sooner or later its inhabitants must have been starved out. There was, moreover, a strong foreign element within its walls.79Norman followers of Edward the Confessor were ever at hand to counsel submission. London submitted, the citizens accepting the rule of the Norman Conqueror as they had formerly accepted that of Cnut the Dane, "from necessity." An embassy was despatched to Berkhampstead, comprising the Archbishop of York, the young Atheling, the earls Edwine and Morkere, and "all the best men of London," to render homage and give hostages,80and thus it was, that within three months of his landing, William was acknowledged as the lawfully elected King of England, and, as such, he crowned himself at Westminster, promising to govern the nation as well as any king before him if they would be faithful to him.His charter to the citizens of London.The conciliatory spirit of William towards the Londoners is seen in the favourable terms he was ready to concede them. Soon after his coronation—[pg 034]the precise date cannot be determined—he granted them a charter,81by which he clearly declared his purpose not to reduce the citizens to a state of dependent vassalage, but to establish them in all the rights and privileges they had hitherto enjoyed.The charter, rendered into modern English, runs as follows:—"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.82And 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. God 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[pg 035]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 aDe profundison the day when the new mayor took his oath of office before the Barons of the Exchequer.83The office of port-reeve.As regards the port-reeve—theport-gerefa,i.e., reeve of the port or town of London84—the nature and extent of his duties and authority, much uncertainty exists. Whilst, in many respects, his position in a borough was analogous no doubt to the shire-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 byturn, the latter being held independently by the alderman of each ward.85The foreign element already existing in the City.Its increase after the Conquest.The charter makes no new grant.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,[pg 036]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 passed 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."86But 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."87The charter granted nothing new; it only ratified and set the royal seal88to the rights and privileges of the citizens already in existence.William's other charter granting the sheriffwick of London.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[pg 037]rights were challenged in the reign of Henry VI.89This charter has since been lost.The strong government of William.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 assistance 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"Doomsday" Book completed.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,[pg 038]their wealth and population, necessitated some special method of procedure; but this does not account for the omission of Northumberland, Cumberland, 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.Death of William the Conqueror, and accession of his son, 1087.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."91the 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.92St. Paul's destroyed by fire, 1087.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.93There 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[pg 039]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.94The Tower strengthened and the bridge repaired, 1097.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."95He 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.96Election of Henry I by the Witan at Winchester, 1100.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[pg 040]Their choice confirmed by the City of London.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.98The charter thus obtained served as an exemplar for the great charter of liberties which was to be subsequently wrung from King John.Henry's charter to the City of London.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.99The main features of the charter.The chief features of the grant100were that the citizens were thenceforth to be allowed to hold Middlesex to farm at a rent of £300 a year, and to[pg 041]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 fashion of making oath and not after the Norman fashion by wager of battle; their goods were to be free of all manner of customs, toll, passage 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.The grant of Middlesex to ferm, and choice of sheriff.Touching the true import of this grant of Middlesex to the citizens at a yearly rent, with the right of appointing their own sheriff over it, no less than the identity 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 shire 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 shire organization into the government of the city, and believe the justiciar and sheriff to have been distinct officials.101The latter appear to hold the more plausible view. Putting aside[pg 042]the so-called charter of William the First, granting to the citizens in express termscivitatem et vice-comitatum Londoniæ, as wanting in corroboration, a solution of the difficulty may be found if we consider (1) that the city received a shire 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.102If this be a correct view of the matter, it would appear that the effect of Henry's grant of Middlesex 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 shire, as to make the shire subject to the city. It must be borne in mind that no sheriff (or sheriffs) has ever been elected by the citizens for Middlesex alone, the duties appertaining to the sheriff-wick of Middlesex having always been performed by the sheriffs of the city for the time being.103Hence it is that the shrievalty of London and Middlesex is often spoken of as the shrievalty of "London" alone, and the shrievalty of[pg 043]"Middlesex" alone (the same officers executing the duties of both shrievalties) and thefirmaof £300 paid for the shrievalty of Middlesex alone is sometimes described as thefirmaof "London," sometimes of "Middlesex," and sometimes of "London and Middlesex."104The citizens' right to elect their own Justiciar.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.105Just 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.106Even 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[pg 044]city of London such distinction was evanescent. The office of justiciar in the city was twice grantedeo nomineto Geoffrey de Mandeville, Earl of Essex, 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.107London and the election of Stephen, 1135The 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 nobility 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.108There 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[pg 045]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."109There 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 assembled 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 assumes a pre-eminent position and exercises a predominant influence in the public affairs of the kingdom.110Coronation of Stephen, December, 1135.From London Stephen went down to Winchester, where he was heartily welcomed by his brother Henry,[pg 046]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).A great Council held in London, April, 1136.In the spring of the following year (April 1136), a brilliant council of the clergy and magnates of the realm was held in London,111reminding 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.112Arrival of the Empress Matilda in England. 1139.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[pg 047]point for her supporters, whilst London served in the same way for Stephen.Attempted negotiations between Stephen and Matilda, May, 1140.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.113The negotiations ended without effecting the desired result.Matilda formally acknowledged "Lady of England," 1141.Matters assumed an entirely different aspect when Stephen was made prisoner at Lincoln in the following year (2nd Feb., 1141). Henry of Winchester forsook his rôle 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 Angliæ) 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[pg 048]A synod at Winchester, 7th April, 1141.This compact was entered into on the 2nd March, and on the following day the empress was received with solemn pomp into Winchester Cathedral. It remained for the compact to be ratified. For this purpose an ecclesiastical synod was summoned to sit at Winchester on the 7th April. The day was spent by the legate holding informal communications with the bishops, abbots, and archdeacons who were in attendance, and who then for the first time in England's history claimed the right not only of consecration, but of election of the sovereign.115On the 8th April, Henry in a long speech announced to the assembled clergy the result of the conclave of the previous day. He extolled the good government of the late king who before his death had caused fealty to be sworn to his daughter, the empress. The delay of the empress in coming to England (he said) had been the cause of Stephen's election. The latter had forfeited all claim to the crown by his bad government, and God's judgment had been pronounced against him. Lest therefore, the nation should suffer for want of a sovereign, he, as legate, had summoned them together, and by them the empress had been elected Lady of England. The speech was received with unanimous applause, those to whom the election did not commend itself being wise enough to hold their tongue.The Londoners summoned to attend the synod.But there was another element to be considered before Matilda's new title could be assured. What would the Londoners who had taken the initiative in setting Stephen on the throne, and still owed to them[pg 049]their allegiance, say to it? The legate had foreseen the difficulty that might arise if the citizens, whom he described as very princes of the realm, by reason of the greatness of their city (qui sunt quasi optimates pro magnitudine civitatis in Anglia), could not be won over. He had, therefore, sent a special safe conduct for their attendance, so he informed the meeting after the applause which followed his speech had died away, and he expected them to arrive on the following day. If they pleased they would adjourn till then.They arrive and request the king's release, 9th April, 1141.The next day (9th April) the Londoners arrived, as the legate had foretold, and were ushered before the council. They had been sent, they said, by the so called "commune" of London; and their purpose was not to enter into debate, but only to beg for the release of their lord, the king.116The statement was supported by all the barons then present who had entered the commune of the city117and met with the approval of the archbishop and all the clergy in attendance. Their solicitations, however, proved of no avail. The legate replied with the same arguments he had used the day before, adding that it ill became the Londoners who were regarded as nobles (quasi proceres) in the land to foster those who had basely deserted their king on the field of battle, and who only curried favour with the citizens in order to fleece them of their money.[pg 050]Their request backed up by a letter from the Queen.Here an interruption took place. A messenger presented to the legate a paper from Stephen's queen to read to the council. Henry took the paper, and after scanning its contents, refused to communicate them to the meeting. The messenger, however, not to be thus foiled, himself made known the contents of the paper. These were, in effect, an exhortation by the queen to the clergy, and more especially to the legate himself, to restore Stephen to liberty. The legate, however, returned the same answer as before, and the meeting broke up, the Londoners promising to communicate the decision of the council to their brethren at home, and to do their best to obtain their support.The Londoners after much hesitation receive the Empress into their city, June, 1141.The next two months were occupied by the empress and her supporters in preparing the way for her admission into the city, the inhabitants of which, had as yet shown but little disposition towards her. But however great their inclination may have been to Stephen, they at length found themselves forced to transfer their allegiance and to offer, for a time at least, a politic submission to the empress. Accordingly, a deputation went out to meet her at St. Albans (May 1141), and arrange terms on which the city should surrender.118More delay took place; and it was not until shortly before midsummer (1141), that she entered the city. Her stay was brief. She treated the inhabitants as vanquished foes,119extorted large sums of[pg 051]money,120and haughtily refused to observe the laws of Edward the Confessor they valued so much, preferring those of the late king, her father.121The Empress forced to leave the city.The consequence was that, within a few days of her arrival in London, the inhabitants rose in revolt, drove her out of the city122and attacked the Tower, of which Geoffrey de Mandeville was constable, as his father William had been before him.123Geoffrey de Mandeville, Earl of Essex, and Constable of the Tower, won over by the Empress.This Geoffrey de Mandeville had been recently created Earl of Essex by Stephen, in the hope and expectation that the fortress over which Geoffrey was governor, would be held secure for the royal cause. The newly fledged earl, however, was one who ever fought for his own hand, and was ready to sell his fortress and sword to the highest bidder. The few days that the empress was in the city, afforded her an opportunity of risking a trial to win over the earl from his allegiance. To this end she offered to confirm him in his earldom and to continue him in his office of Constable of the Tower, conferred upon him[pg 052]by Stephen; in addition to which, she was ready to allow him to enjoy lands of the rent of £100 a year, a license to fortify his castles, and the posts of sheriff and justiciar throughout his earldom. The bait was too tempting for the earl not to accept; and a charter to the above effect was drawn up and executed.124Forsakes the Empress for the Queen.Scarcely had the fickle earl consented to throw in his lot with the empress before she had to flee the city. The departure of the empress was quickly followed by the arrival of her namesake, Matilda, the valiant queen of the captured Stephen; and again the earl proved false to his allegiance and actively supported the queen in concert with the citizens.125Capture of Winchester, and release of Stephen, Sept., 1141.With his aid126and the aid of the Londoners,127the queen was enabled to reduce Winchester and to effect the liberation of her husband by exchanging the Earl of Gloucester, brother of the empress, for the captured king.His second charter to Mandeville.After being solemnly crowned, for the second time,128at Canterbury, Stephen issued a second charter[pg 053](about Christmas time, 1141),129to Geoffrey de Mandeville, confirming and augmenting the previous grant by the empress. Instead of sheriff and justiciar of his own county of Essex merely, he is now made sheriff and justiciar of London and Middlesex, as well as of Hertfordshire.London holds the balance between the rival powers.But even these great concessions failed to secure the earl's fidelity to the king. Again he broke away from his allegiance and planned a revolt in favour of the empress who recompensed him with still greater dignities and possessions than any yet bestowed. This second charter of the empress,130is remarkable for a clause in which she promises never to make terms with the Londoners without the earl's consent, "because they are his mortal foes."131But the plans of the earl were doomed to be frustrated. The empress, tired of the struggle, soon ceased to be dangerous, and eventually withdrew to the continent, and Stephen was left free to deal with the rebel earl alone. With the assistance of the Londoners, who throughout the long period of civil dissension, were generally to be found on the winning side, and held as it were the balance between the rival powers, Stephen managed after considerable bloodshed to capture the fortifications erected by the Earl at Farringdon.132[pg 054]Arrest of the earl, his freebooting life and death, September, 1143.The earl was subsequently treacherously arrested and made to give up his castles. Thenceforth his life was that of a marauding freebooter, until, fatally wounded at the siege of Burwell, he expired in September, 1143.Arrival of Henry of Anjou in England, 1153Notwithstanding the absence of the empress and the death of the faithless earl, a desultory kind of war continued to be carried on for the next ten years on behalf of Henry of Anjou, son of the empress. In 1153 that prince arrived in England to fight his own battles and maintain his right to the crown, which the king had already attempted to transfer to the head of his own son Eustace. This attempt had been foiled by the refusal of the bishops, at the instigation of the pope, to perform the ceremony. The sudden death of Eustace made the king more ready to enter into negotiations for effecting a peaceful settlement.Peace concluded between Stephen and Henry at Winchester, November, 1153.Henry conducted to London.A compromise was accordingly effected at Winchester,133whereby Stephen was to remain in undisputed possession of the throne for life, and after his death was to be succeeded by Henry. The news that at last an end had come to the troubles which for nineteen years had disturbed the country, was received with universal joy, and Henry, conducted to London by the king himself, was welcomed in a manner befitting one who was now the recognised heir to the crown.134

[pg 030]CHAPTER II.The landing of William, and Battle of Senlac, 1066.As soon as the news of Harold's coronation reached William of Normandy, he claimed the crown which Edward the Confessor had promised him. According to every principle of succession recognised in England, at the time, he had no right to the crown whatever. When the Norman invader landed at Pevensey, Harold was at York, having recently succeeded in defeating his brother Tostig, the deposed Earl of Northumbria, who, with the assistance of Harold Hardrada, had attacked the northern earls, Edwine and Morkere. On hearing of the Duke's landing, Harold hastened to London. A general muster of forces was there ordered, and Edwine and Morkere, who were bound to Harold by family tie—the King having married their sister—were bidden to march southward with the whole force of their earldoms. But neither gratitude for their late deliverance at the hands of their brother-in-law, nor family affection, could hurry the steps of these earls, and they arrived too late. The battle of Senlac, better known as the battle of Hastings, had been won and lost (14th Oct., 1066), the Norman was conqueror, and Harold had perished. For a second time within twelve months the English throne was vacant.76The times were too critical to hold a formal gemót for the election of a successor to the throne; but the[pg 031]citizens of London and the sailors or "butsecarls" (whom it is difficult not to associate with the "lithsmen" of former days) showed a marked predilection in favour of Edgar the Atheling, grandson of Edmund Ironside, and the sole survivor of the old royal line. The Archbishop, too, as well as the northern earls, were in his favour, but the latter soon withdrew to their respective earldoms and left London and the Atheling to their fate.77Thus, "the patriotic zeal of the men of London was thwarted by the base secession of the northern traitors."William's March to London.After waiting awhile at Hastings for the country to make voluntary submission, and finding that homagers did not come in, William proceeded to make a further display of force. In this he betrayed no haste, but made his way through Kent in leisurely fashion, receiving on his way the submission of Winchester and Canterbury, using no more force than was absolutely necessary, and endeavouring to allay all fears, until at length he reached the suburbs of London.78He had been astute enough to give out that he came not to claim a crown, but only a right to be put in nomination for it. To the mind of the Londoner, such quibbling failed to commend itself, and the citizens lost no time in putting their city into a posture[pg 032]of defence, determined not to surrender it without a blow.Sets fire to Southwark in hopes of terrifying the citizens.Upon William's arrival in Southwark, the citizens sallied forth. They were, however, beaten back after a sharp skirmish, and compelled to seek shelter again within their city's walls. William hesitated to make a direct attack upon the city, but hoped by setting fire to Southwark to strike terror into the inhabitants and bring them to a voluntary surrender. He failed in his object; the city still held out, and William next resorted to diplomacy.Negotiations between William and the City.The ruling spirit within the city at that time was Ansgar or Esegar the "Staller" under whom, as Sheriff of Middlesex, the citizens had marched out to fight around the royal standard at Hastings. He had been carried wounded from the field, and was now borne hither and thither on a litter, encouraging the citizens to make a stout defence of their city. To him, it is said, William sent a private message from Berkhampstead, asking only that the Conqueror's right to the crown of England might be acknowledged and nothing more, the real power of the kingdom might remain with Ansgar if he so willed. Determined not to be outwitted by the Norman, Ansgar (so the story goes) summoned a meeting of the eldermen (natu majores) of the City—the forerunners of the later aldermen—and proposed a feigned submission which might stave off immediate danger. The proposal was accepted and a messenger despatched. William pretended to accept the terms offered, and at the same time so worked upon the messenger with fair promises and gifts that on his return he converted his fellow citizens and[pg 033]induced them by representations of the Conqueror's friendly intentions and of the hopelessness of resistance, to make their submission to him, and to throw over the young Atheling.London submits to the Conqueror.Whatever poetic tinge there may be about the story as told by Guy of Amiens, it is certain that the citizens came to the same resolution, in effect, as that described by the poet, nor could they well have done otherwise. The whole of the country for miles around London, had already tendered submission or been forced into it. The city had become completely isolated, and sooner or later its inhabitants must have been starved out. There was, moreover, a strong foreign element within its walls.79Norman followers of Edward the Confessor were ever at hand to counsel submission. London submitted, the citizens accepting the rule of the Norman Conqueror as they had formerly accepted that of Cnut the Dane, "from necessity." An embassy was despatched to Berkhampstead, comprising the Archbishop of York, the young Atheling, the earls Edwine and Morkere, and "all the best men of London," to render homage and give hostages,80and thus it was, that within three months of his landing, William was acknowledged as the lawfully elected King of England, and, as such, he crowned himself at Westminster, promising to govern the nation as well as any king before him if they would be faithful to him.His charter to the citizens of London.The conciliatory spirit of William towards the Londoners is seen in the favourable terms he was ready to concede them. Soon after his coronation—[pg 034]the precise date cannot be determined—he granted them a charter,81by which he clearly declared his purpose not to reduce the citizens to a state of dependent vassalage, but to establish them in all the rights and privileges they had hitherto enjoyed.The charter, rendered into modern English, runs as follows:—"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.82And 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. God 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[pg 035]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 aDe profundison the day when the new mayor took his oath of office before the Barons of the Exchequer.83The office of port-reeve.As regards the port-reeve—theport-gerefa,i.e., reeve of the port or town of London84—the nature and extent of his duties and authority, much uncertainty exists. Whilst, in many respects, his position in a borough was analogous no doubt to the shire-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 byturn, the latter being held independently by the alderman of each ward.85The foreign element already existing in the City.Its increase after the Conquest.The charter makes no new grant.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,[pg 036]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 passed 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."86But 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."87The charter granted nothing new; it only ratified and set the royal seal88to the rights and privileges of the citizens already in existence.William's other charter granting the sheriffwick of London.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[pg 037]rights were challenged in the reign of Henry VI.89This charter has since been lost.The strong government of William.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 assistance 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"Doomsday" Book completed.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,[pg 038]their wealth and population, necessitated some special method of procedure; but this does not account for the omission of Northumberland, Cumberland, 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.Death of William the Conqueror, and accession of his son, 1087.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."91the 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.92St. Paul's destroyed by fire, 1087.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.93There 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[pg 039]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.94The Tower strengthened and the bridge repaired, 1097.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."95He 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.96Election of Henry I by the Witan at Winchester, 1100.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[pg 040]Their choice confirmed by the City of London.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.98The charter thus obtained served as an exemplar for the great charter of liberties which was to be subsequently wrung from King John.Henry's charter to the City of London.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.99The main features of the charter.The chief features of the grant100were that the citizens were thenceforth to be allowed to hold Middlesex to farm at a rent of £300 a year, and to[pg 041]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 fashion of making oath and not after the Norman fashion by wager of battle; their goods were to be free of all manner of customs, toll, passage 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.The grant of Middlesex to ferm, and choice of sheriff.Touching the true import of this grant of Middlesex to the citizens at a yearly rent, with the right of appointing their own sheriff over it, no less than the identity 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 shire 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 shire organization into the government of the city, and believe the justiciar and sheriff to have been distinct officials.101The latter appear to hold the more plausible view. Putting aside[pg 042]the so-called charter of William the First, granting to the citizens in express termscivitatem et vice-comitatum Londoniæ, as wanting in corroboration, a solution of the difficulty may be found if we consider (1) that the city received a shire 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.102If this be a correct view of the matter, it would appear that the effect of Henry's grant of Middlesex 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 shire, as to make the shire subject to the city. It must be borne in mind that no sheriff (or sheriffs) has ever been elected by the citizens for Middlesex alone, the duties appertaining to the sheriff-wick of Middlesex having always been performed by the sheriffs of the city for the time being.103Hence it is that the shrievalty of London and Middlesex is often spoken of as the shrievalty of "London" alone, and the shrievalty of[pg 043]"Middlesex" alone (the same officers executing the duties of both shrievalties) and thefirmaof £300 paid for the shrievalty of Middlesex alone is sometimes described as thefirmaof "London," sometimes of "Middlesex," and sometimes of "London and Middlesex."104The citizens' right to elect their own Justiciar.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.105Just 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.106Even 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[pg 044]city of London such distinction was evanescent. The office of justiciar in the city was twice grantedeo nomineto Geoffrey de Mandeville, Earl of Essex, 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.107London and the election of Stephen, 1135The 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 nobility 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.108There 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[pg 045]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."109There 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 assembled 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 assumes a pre-eminent position and exercises a predominant influence in the public affairs of the kingdom.110Coronation of Stephen, December, 1135.From London Stephen went down to Winchester, where he was heartily welcomed by his brother Henry,[pg 046]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).A great Council held in London, April, 1136.In the spring of the following year (April 1136), a brilliant council of the clergy and magnates of the realm was held in London,111reminding 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.112Arrival of the Empress Matilda in England. 1139.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[pg 047]point for her supporters, whilst London served in the same way for Stephen.Attempted negotiations between Stephen and Matilda, May, 1140.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.113The negotiations ended without effecting the desired result.Matilda formally acknowledged "Lady of England," 1141.Matters assumed an entirely different aspect when Stephen was made prisoner at Lincoln in the following year (2nd Feb., 1141). Henry of Winchester forsook his rôle 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 Angliæ) 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[pg 048]A synod at Winchester, 7th April, 1141.This compact was entered into on the 2nd March, and on the following day the empress was received with solemn pomp into Winchester Cathedral. It remained for the compact to be ratified. For this purpose an ecclesiastical synod was summoned to sit at Winchester on the 7th April. The day was spent by the legate holding informal communications with the bishops, abbots, and archdeacons who were in attendance, and who then for the first time in England's history claimed the right not only of consecration, but of election of the sovereign.115On the 8th April, Henry in a long speech announced to the assembled clergy the result of the conclave of the previous day. He extolled the good government of the late king who before his death had caused fealty to be sworn to his daughter, the empress. The delay of the empress in coming to England (he said) had been the cause of Stephen's election. The latter had forfeited all claim to the crown by his bad government, and God's judgment had been pronounced against him. Lest therefore, the nation should suffer for want of a sovereign, he, as legate, had summoned them together, and by them the empress had been elected Lady of England. The speech was received with unanimous applause, those to whom the election did not commend itself being wise enough to hold their tongue.The Londoners summoned to attend the synod.But there was another element to be considered before Matilda's new title could be assured. What would the Londoners who had taken the initiative in setting Stephen on the throne, and still owed to them[pg 049]their allegiance, say to it? The legate had foreseen the difficulty that might arise if the citizens, whom he described as very princes of the realm, by reason of the greatness of their city (qui sunt quasi optimates pro magnitudine civitatis in Anglia), could not be won over. He had, therefore, sent a special safe conduct for their attendance, so he informed the meeting after the applause which followed his speech had died away, and he expected them to arrive on the following day. If they pleased they would adjourn till then.They arrive and request the king's release, 9th April, 1141.The next day (9th April) the Londoners arrived, as the legate had foretold, and were ushered before the council. They had been sent, they said, by the so called "commune" of London; and their purpose was not to enter into debate, but only to beg for the release of their lord, the king.116The statement was supported by all the barons then present who had entered the commune of the city117and met with the approval of the archbishop and all the clergy in attendance. Their solicitations, however, proved of no avail. The legate replied with the same arguments he had used the day before, adding that it ill became the Londoners who were regarded as nobles (quasi proceres) in the land to foster those who had basely deserted their king on the field of battle, and who only curried favour with the citizens in order to fleece them of their money.[pg 050]Their request backed up by a letter from the Queen.Here an interruption took place. A messenger presented to the legate a paper from Stephen's queen to read to the council. Henry took the paper, and after scanning its contents, refused to communicate them to the meeting. The messenger, however, not to be thus foiled, himself made known the contents of the paper. These were, in effect, an exhortation by the queen to the clergy, and more especially to the legate himself, to restore Stephen to liberty. The legate, however, returned the same answer as before, and the meeting broke up, the Londoners promising to communicate the decision of the council to their brethren at home, and to do their best to obtain their support.The Londoners after much hesitation receive the Empress into their city, June, 1141.The next two months were occupied by the empress and her supporters in preparing the way for her admission into the city, the inhabitants of which, had as yet shown but little disposition towards her. But however great their inclination may have been to Stephen, they at length found themselves forced to transfer their allegiance and to offer, for a time at least, a politic submission to the empress. Accordingly, a deputation went out to meet her at St. Albans (May 1141), and arrange terms on which the city should surrender.118More delay took place; and it was not until shortly before midsummer (1141), that she entered the city. Her stay was brief. She treated the inhabitants as vanquished foes,119extorted large sums of[pg 051]money,120and haughtily refused to observe the laws of Edward the Confessor they valued so much, preferring those of the late king, her father.121The Empress forced to leave the city.The consequence was that, within a few days of her arrival in London, the inhabitants rose in revolt, drove her out of the city122and attacked the Tower, of which Geoffrey de Mandeville was constable, as his father William had been before him.123Geoffrey de Mandeville, Earl of Essex, and Constable of the Tower, won over by the Empress.This Geoffrey de Mandeville had been recently created Earl of Essex by Stephen, in the hope and expectation that the fortress over which Geoffrey was governor, would be held secure for the royal cause. The newly fledged earl, however, was one who ever fought for his own hand, and was ready to sell his fortress and sword to the highest bidder. The few days that the empress was in the city, afforded her an opportunity of risking a trial to win over the earl from his allegiance. To this end she offered to confirm him in his earldom and to continue him in his office of Constable of the Tower, conferred upon him[pg 052]by Stephen; in addition to which, she was ready to allow him to enjoy lands of the rent of £100 a year, a license to fortify his castles, and the posts of sheriff and justiciar throughout his earldom. The bait was too tempting for the earl not to accept; and a charter to the above effect was drawn up and executed.124Forsakes the Empress for the Queen.Scarcely had the fickle earl consented to throw in his lot with the empress before she had to flee the city. The departure of the empress was quickly followed by the arrival of her namesake, Matilda, the valiant queen of the captured Stephen; and again the earl proved false to his allegiance and actively supported the queen in concert with the citizens.125Capture of Winchester, and release of Stephen, Sept., 1141.With his aid126and the aid of the Londoners,127the queen was enabled to reduce Winchester and to effect the liberation of her husband by exchanging the Earl of Gloucester, brother of the empress, for the captured king.His second charter to Mandeville.After being solemnly crowned, for the second time,128at Canterbury, Stephen issued a second charter[pg 053](about Christmas time, 1141),129to Geoffrey de Mandeville, confirming and augmenting the previous grant by the empress. Instead of sheriff and justiciar of his own county of Essex merely, he is now made sheriff and justiciar of London and Middlesex, as well as of Hertfordshire.London holds the balance between the rival powers.But even these great concessions failed to secure the earl's fidelity to the king. Again he broke away from his allegiance and planned a revolt in favour of the empress who recompensed him with still greater dignities and possessions than any yet bestowed. This second charter of the empress,130is remarkable for a clause in which she promises never to make terms with the Londoners without the earl's consent, "because they are his mortal foes."131But the plans of the earl were doomed to be frustrated. The empress, tired of the struggle, soon ceased to be dangerous, and eventually withdrew to the continent, and Stephen was left free to deal with the rebel earl alone. With the assistance of the Londoners, who throughout the long period of civil dissension, were generally to be found on the winning side, and held as it were the balance between the rival powers, Stephen managed after considerable bloodshed to capture the fortifications erected by the Earl at Farringdon.132[pg 054]Arrest of the earl, his freebooting life and death, September, 1143.The earl was subsequently treacherously arrested and made to give up his castles. Thenceforth his life was that of a marauding freebooter, until, fatally wounded at the siege of Burwell, he expired in September, 1143.Arrival of Henry of Anjou in England, 1153Notwithstanding the absence of the empress and the death of the faithless earl, a desultory kind of war continued to be carried on for the next ten years on behalf of Henry of Anjou, son of the empress. In 1153 that prince arrived in England to fight his own battles and maintain his right to the crown, which the king had already attempted to transfer to the head of his own son Eustace. This attempt had been foiled by the refusal of the bishops, at the instigation of the pope, to perform the ceremony. The sudden death of Eustace made the king more ready to enter into negotiations for effecting a peaceful settlement.Peace concluded between Stephen and Henry at Winchester, November, 1153.Henry conducted to London.A compromise was accordingly effected at Winchester,133whereby Stephen was to remain in undisputed possession of the throne for life, and after his death was to be succeeded by Henry. The news that at last an end had come to the troubles which for nineteen years had disturbed the country, was received with universal joy, and Henry, conducted to London by the king himself, was welcomed in a manner befitting one who was now the recognised heir to the crown.134

The landing of William, and Battle of Senlac, 1066.As soon as the news of Harold's coronation reached William of Normandy, he claimed the crown which Edward the Confessor had promised him. According to every principle of succession recognised in England, at the time, he had no right to the crown whatever. When the Norman invader landed at Pevensey, Harold was at York, having recently succeeded in defeating his brother Tostig, the deposed Earl of Northumbria, who, with the assistance of Harold Hardrada, had attacked the northern earls, Edwine and Morkere. On hearing of the Duke's landing, Harold hastened to London. A general muster of forces was there ordered, and Edwine and Morkere, who were bound to Harold by family tie—the King having married their sister—were bidden to march southward with the whole force of their earldoms. But neither gratitude for their late deliverance at the hands of their brother-in-law, nor family affection, could hurry the steps of these earls, and they arrived too late. The battle of Senlac, better known as the battle of Hastings, had been won and lost (14th Oct., 1066), the Norman was conqueror, and Harold had perished. For a second time within twelve months the English throne was vacant.76The times were too critical to hold a formal gemót for the election of a successor to the throne; but the[pg 031]citizens of London and the sailors or "butsecarls" (whom it is difficult not to associate with the "lithsmen" of former days) showed a marked predilection in favour of Edgar the Atheling, grandson of Edmund Ironside, and the sole survivor of the old royal line. The Archbishop, too, as well as the northern earls, were in his favour, but the latter soon withdrew to their respective earldoms and left London and the Atheling to their fate.77Thus, "the patriotic zeal of the men of London was thwarted by the base secession of the northern traitors."William's March to London.After waiting awhile at Hastings for the country to make voluntary submission, and finding that homagers did not come in, William proceeded to make a further display of force. In this he betrayed no haste, but made his way through Kent in leisurely fashion, receiving on his way the submission of Winchester and Canterbury, using no more force than was absolutely necessary, and endeavouring to allay all fears, until at length he reached the suburbs of London.78He had been astute enough to give out that he came not to claim a crown, but only a right to be put in nomination for it. To the mind of the Londoner, such quibbling failed to commend itself, and the citizens lost no time in putting their city into a posture[pg 032]of defence, determined not to surrender it without a blow.Sets fire to Southwark in hopes of terrifying the citizens.Upon William's arrival in Southwark, the citizens sallied forth. They were, however, beaten back after a sharp skirmish, and compelled to seek shelter again within their city's walls. William hesitated to make a direct attack upon the city, but hoped by setting fire to Southwark to strike terror into the inhabitants and bring them to a voluntary surrender. He failed in his object; the city still held out, and William next resorted to diplomacy.Negotiations between William and the City.The ruling spirit within the city at that time was Ansgar or Esegar the "Staller" under whom, as Sheriff of Middlesex, the citizens had marched out to fight around the royal standard at Hastings. He had been carried wounded from the field, and was now borne hither and thither on a litter, encouraging the citizens to make a stout defence of their city. To him, it is said, William sent a private message from Berkhampstead, asking only that the Conqueror's right to the crown of England might be acknowledged and nothing more, the real power of the kingdom might remain with Ansgar if he so willed. Determined not to be outwitted by the Norman, Ansgar (so the story goes) summoned a meeting of the eldermen (natu majores) of the City—the forerunners of the later aldermen—and proposed a feigned submission which might stave off immediate danger. The proposal was accepted and a messenger despatched. William pretended to accept the terms offered, and at the same time so worked upon the messenger with fair promises and gifts that on his return he converted his fellow citizens and[pg 033]induced them by representations of the Conqueror's friendly intentions and of the hopelessness of resistance, to make their submission to him, and to throw over the young Atheling.London submits to the Conqueror.Whatever poetic tinge there may be about the story as told by Guy of Amiens, it is certain that the citizens came to the same resolution, in effect, as that described by the poet, nor could they well have done otherwise. The whole of the country for miles around London, had already tendered submission or been forced into it. The city had become completely isolated, and sooner or later its inhabitants must have been starved out. There was, moreover, a strong foreign element within its walls.79Norman followers of Edward the Confessor were ever at hand to counsel submission. London submitted, the citizens accepting the rule of the Norman Conqueror as they had formerly accepted that of Cnut the Dane, "from necessity." An embassy was despatched to Berkhampstead, comprising the Archbishop of York, the young Atheling, the earls Edwine and Morkere, and "all the best men of London," to render homage and give hostages,80and thus it was, that within three months of his landing, William was acknowledged as the lawfully elected King of England, and, as such, he crowned himself at Westminster, promising to govern the nation as well as any king before him if they would be faithful to him.His charter to the citizens of London.The conciliatory spirit of William towards the Londoners is seen in the favourable terms he was ready to concede them. Soon after his coronation—[pg 034]the precise date cannot be determined—he granted them a charter,81by which he clearly declared his purpose not to reduce the citizens to a state of dependent vassalage, but to establish them in all the rights and privileges they had hitherto enjoyed.The charter, rendered into modern English, runs as follows:—"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.82And 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. God 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[pg 035]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 aDe profundison the day when the new mayor took his oath of office before the Barons of the Exchequer.83The office of port-reeve.As regards the port-reeve—theport-gerefa,i.e., reeve of the port or town of London84—the nature and extent of his duties and authority, much uncertainty exists. Whilst, in many respects, his position in a borough was analogous no doubt to the shire-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 byturn, the latter being held independently by the alderman of each ward.85The foreign element already existing in the City.Its increase after the Conquest.The charter makes no new grant.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,[pg 036]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 passed 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."86But 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."87The charter granted nothing new; it only ratified and set the royal seal88to the rights and privileges of the citizens already in existence.William's other charter granting the sheriffwick of London.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[pg 037]rights were challenged in the reign of Henry VI.89This charter has since been lost.The strong government of William.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 assistance 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"Doomsday" Book completed.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,[pg 038]their wealth and population, necessitated some special method of procedure; but this does not account for the omission of Northumberland, Cumberland, 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.Death of William the Conqueror, and accession of his son, 1087.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."91the 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.92St. Paul's destroyed by fire, 1087.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.93There 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[pg 039]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.94The Tower strengthened and the bridge repaired, 1097.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."95He 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.96Election of Henry I by the Witan at Winchester, 1100.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[pg 040]Their choice confirmed by the City of London.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.98The charter thus obtained served as an exemplar for the great charter of liberties which was to be subsequently wrung from King John.Henry's charter to the City of London.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.99The main features of the charter.The chief features of the grant100were that the citizens were thenceforth to be allowed to hold Middlesex to farm at a rent of £300 a year, and to[pg 041]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 fashion of making oath and not after the Norman fashion by wager of battle; their goods were to be free of all manner of customs, toll, passage 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.The grant of Middlesex to ferm, and choice of sheriff.Touching the true import of this grant of Middlesex to the citizens at a yearly rent, with the right of appointing their own sheriff over it, no less than the identity 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 shire 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 shire organization into the government of the city, and believe the justiciar and sheriff to have been distinct officials.101The latter appear to hold the more plausible view. Putting aside[pg 042]the so-called charter of William the First, granting to the citizens in express termscivitatem et vice-comitatum Londoniæ, as wanting in corroboration, a solution of the difficulty may be found if we consider (1) that the city received a shire 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.102If this be a correct view of the matter, it would appear that the effect of Henry's grant of Middlesex 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 shire, as to make the shire subject to the city. It must be borne in mind that no sheriff (or sheriffs) has ever been elected by the citizens for Middlesex alone, the duties appertaining to the sheriff-wick of Middlesex having always been performed by the sheriffs of the city for the time being.103Hence it is that the shrievalty of London and Middlesex is often spoken of as the shrievalty of "London" alone, and the shrievalty of[pg 043]"Middlesex" alone (the same officers executing the duties of both shrievalties) and thefirmaof £300 paid for the shrievalty of Middlesex alone is sometimes described as thefirmaof "London," sometimes of "Middlesex," and sometimes of "London and Middlesex."104The citizens' right to elect their own Justiciar.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.105Just 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.106Even 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[pg 044]city of London such distinction was evanescent. The office of justiciar in the city was twice grantedeo nomineto Geoffrey de Mandeville, Earl of Essex, 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.107London and the election of Stephen, 1135The 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 nobility 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.108There 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[pg 045]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."109There 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 assembled 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 assumes a pre-eminent position and exercises a predominant influence in the public affairs of the kingdom.110Coronation of Stephen, December, 1135.From London Stephen went down to Winchester, where he was heartily welcomed by his brother Henry,[pg 046]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).A great Council held in London, April, 1136.In the spring of the following year (April 1136), a brilliant council of the clergy and magnates of the realm was held in London,111reminding 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.112Arrival of the Empress Matilda in England. 1139.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[pg 047]point for her supporters, whilst London served in the same way for Stephen.Attempted negotiations between Stephen and Matilda, May, 1140.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.113The negotiations ended without effecting the desired result.Matilda formally acknowledged "Lady of England," 1141.Matters assumed an entirely different aspect when Stephen was made prisoner at Lincoln in the following year (2nd Feb., 1141). Henry of Winchester forsook his rôle 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 Angliæ) 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[pg 048]A synod at Winchester, 7th April, 1141.This compact was entered into on the 2nd March, and on the following day the empress was received with solemn pomp into Winchester Cathedral. It remained for the compact to be ratified. For this purpose an ecclesiastical synod was summoned to sit at Winchester on the 7th April. The day was spent by the legate holding informal communications with the bishops, abbots, and archdeacons who were in attendance, and who then for the first time in England's history claimed the right not only of consecration, but of election of the sovereign.115On the 8th April, Henry in a long speech announced to the assembled clergy the result of the conclave of the previous day. He extolled the good government of the late king who before his death had caused fealty to be sworn to his daughter, the empress. The delay of the empress in coming to England (he said) had been the cause of Stephen's election. The latter had forfeited all claim to the crown by his bad government, and God's judgment had been pronounced against him. Lest therefore, the nation should suffer for want of a sovereign, he, as legate, had summoned them together, and by them the empress had been elected Lady of England. The speech was received with unanimous applause, those to whom the election did not commend itself being wise enough to hold their tongue.The Londoners summoned to attend the synod.But there was another element to be considered before Matilda's new title could be assured. What would the Londoners who had taken the initiative in setting Stephen on the throne, and still owed to them[pg 049]their allegiance, say to it? The legate had foreseen the difficulty that might arise if the citizens, whom he described as very princes of the realm, by reason of the greatness of their city (qui sunt quasi optimates pro magnitudine civitatis in Anglia), could not be won over. He had, therefore, sent a special safe conduct for their attendance, so he informed the meeting after the applause which followed his speech had died away, and he expected them to arrive on the following day. If they pleased they would adjourn till then.They arrive and request the king's release, 9th April, 1141.The next day (9th April) the Londoners arrived, as the legate had foretold, and were ushered before the council. They had been sent, they said, by the so called "commune" of London; and their purpose was not to enter into debate, but only to beg for the release of their lord, the king.116The statement was supported by all the barons then present who had entered the commune of the city117and met with the approval of the archbishop and all the clergy in attendance. Their solicitations, however, proved of no avail. The legate replied with the same arguments he had used the day before, adding that it ill became the Londoners who were regarded as nobles (quasi proceres) in the land to foster those who had basely deserted their king on the field of battle, and who only curried favour with the citizens in order to fleece them of their money.[pg 050]Their request backed up by a letter from the Queen.Here an interruption took place. A messenger presented to the legate a paper from Stephen's queen to read to the council. Henry took the paper, and after scanning its contents, refused to communicate them to the meeting. The messenger, however, not to be thus foiled, himself made known the contents of the paper. These were, in effect, an exhortation by the queen to the clergy, and more especially to the legate himself, to restore Stephen to liberty. The legate, however, returned the same answer as before, and the meeting broke up, the Londoners promising to communicate the decision of the council to their brethren at home, and to do their best to obtain their support.The Londoners after much hesitation receive the Empress into their city, June, 1141.The next two months were occupied by the empress and her supporters in preparing the way for her admission into the city, the inhabitants of which, had as yet shown but little disposition towards her. But however great their inclination may have been to Stephen, they at length found themselves forced to transfer their allegiance and to offer, for a time at least, a politic submission to the empress. Accordingly, a deputation went out to meet her at St. Albans (May 1141), and arrange terms on which the city should surrender.118More delay took place; and it was not until shortly before midsummer (1141), that she entered the city. Her stay was brief. She treated the inhabitants as vanquished foes,119extorted large sums of[pg 051]money,120and haughtily refused to observe the laws of Edward the Confessor they valued so much, preferring those of the late king, her father.121The Empress forced to leave the city.The consequence was that, within a few days of her arrival in London, the inhabitants rose in revolt, drove her out of the city122and attacked the Tower, of which Geoffrey de Mandeville was constable, as his father William had been before him.123Geoffrey de Mandeville, Earl of Essex, and Constable of the Tower, won over by the Empress.This Geoffrey de Mandeville had been recently created Earl of Essex by Stephen, in the hope and expectation that the fortress over which Geoffrey was governor, would be held secure for the royal cause. The newly fledged earl, however, was one who ever fought for his own hand, and was ready to sell his fortress and sword to the highest bidder. The few days that the empress was in the city, afforded her an opportunity of risking a trial to win over the earl from his allegiance. To this end she offered to confirm him in his earldom and to continue him in his office of Constable of the Tower, conferred upon him[pg 052]by Stephen; in addition to which, she was ready to allow him to enjoy lands of the rent of £100 a year, a license to fortify his castles, and the posts of sheriff and justiciar throughout his earldom. The bait was too tempting for the earl not to accept; and a charter to the above effect was drawn up and executed.124Forsakes the Empress for the Queen.Scarcely had the fickle earl consented to throw in his lot with the empress before she had to flee the city. The departure of the empress was quickly followed by the arrival of her namesake, Matilda, the valiant queen of the captured Stephen; and again the earl proved false to his allegiance and actively supported the queen in concert with the citizens.125Capture of Winchester, and release of Stephen, Sept., 1141.With his aid126and the aid of the Londoners,127the queen was enabled to reduce Winchester and to effect the liberation of her husband by exchanging the Earl of Gloucester, brother of the empress, for the captured king.His second charter to Mandeville.After being solemnly crowned, for the second time,128at Canterbury, Stephen issued a second charter[pg 053](about Christmas time, 1141),129to Geoffrey de Mandeville, confirming and augmenting the previous grant by the empress. Instead of sheriff and justiciar of his own county of Essex merely, he is now made sheriff and justiciar of London and Middlesex, as well as of Hertfordshire.London holds the balance between the rival powers.But even these great concessions failed to secure the earl's fidelity to the king. Again he broke away from his allegiance and planned a revolt in favour of the empress who recompensed him with still greater dignities and possessions than any yet bestowed. This second charter of the empress,130is remarkable for a clause in which she promises never to make terms with the Londoners without the earl's consent, "because they are his mortal foes."131But the plans of the earl were doomed to be frustrated. The empress, tired of the struggle, soon ceased to be dangerous, and eventually withdrew to the continent, and Stephen was left free to deal with the rebel earl alone. With the assistance of the Londoners, who throughout the long period of civil dissension, were generally to be found on the winning side, and held as it were the balance between the rival powers, Stephen managed after considerable bloodshed to capture the fortifications erected by the Earl at Farringdon.132[pg 054]Arrest of the earl, his freebooting life and death, September, 1143.The earl was subsequently treacherously arrested and made to give up his castles. Thenceforth his life was that of a marauding freebooter, until, fatally wounded at the siege of Burwell, he expired in September, 1143.Arrival of Henry of Anjou in England, 1153Notwithstanding the absence of the empress and the death of the faithless earl, a desultory kind of war continued to be carried on for the next ten years on behalf of Henry of Anjou, son of the empress. In 1153 that prince arrived in England to fight his own battles and maintain his right to the crown, which the king had already attempted to transfer to the head of his own son Eustace. This attempt had been foiled by the refusal of the bishops, at the instigation of the pope, to perform the ceremony. The sudden death of Eustace made the king more ready to enter into negotiations for effecting a peaceful settlement.Peace concluded between Stephen and Henry at Winchester, November, 1153.Henry conducted to London.A compromise was accordingly effected at Winchester,133whereby Stephen was to remain in undisputed possession of the throne for life, and after his death was to be succeeded by Henry. The news that at last an end had come to the troubles which for nineteen years had disturbed the country, was received with universal joy, and Henry, conducted to London by the king himself, was welcomed in a manner befitting one who was now the recognised heir to the crown.134

The landing of William, and Battle of Senlac, 1066.

The landing of William, and Battle of Senlac, 1066.

As soon as the news of Harold's coronation reached William of Normandy, he claimed the crown which Edward the Confessor had promised him. According to every principle of succession recognised in England, at the time, he had no right to the crown whatever. When the Norman invader landed at Pevensey, Harold was at York, having recently succeeded in defeating his brother Tostig, the deposed Earl of Northumbria, who, with the assistance of Harold Hardrada, had attacked the northern earls, Edwine and Morkere. On hearing of the Duke's landing, Harold hastened to London. A general muster of forces was there ordered, and Edwine and Morkere, who were bound to Harold by family tie—the King having married their sister—were bidden to march southward with the whole force of their earldoms. But neither gratitude for their late deliverance at the hands of their brother-in-law, nor family affection, could hurry the steps of these earls, and they arrived too late. The battle of Senlac, better known as the battle of Hastings, had been won and lost (14th Oct., 1066), the Norman was conqueror, and Harold had perished. For a second time within twelve months the English throne was vacant.76

The times were too critical to hold a formal gemót for the election of a successor to the throne; but the[pg 031]citizens of London and the sailors or "butsecarls" (whom it is difficult not to associate with the "lithsmen" of former days) showed a marked predilection in favour of Edgar the Atheling, grandson of Edmund Ironside, and the sole survivor of the old royal line. The Archbishop, too, as well as the northern earls, were in his favour, but the latter soon withdrew to their respective earldoms and left London and the Atheling to their fate.77Thus, "the patriotic zeal of the men of London was thwarted by the base secession of the northern traitors."

William's March to London.

William's March to London.

After waiting awhile at Hastings for the country to make voluntary submission, and finding that homagers did not come in, William proceeded to make a further display of force. In this he betrayed no haste, but made his way through Kent in leisurely fashion, receiving on his way the submission of Winchester and Canterbury, using no more force than was absolutely necessary, and endeavouring to allay all fears, until at length he reached the suburbs of London.78

He had been astute enough to give out that he came not to claim a crown, but only a right to be put in nomination for it. To the mind of the Londoner, such quibbling failed to commend itself, and the citizens lost no time in putting their city into a posture[pg 032]of defence, determined not to surrender it without a blow.

Sets fire to Southwark in hopes of terrifying the citizens.

Sets fire to Southwark in hopes of terrifying the citizens.

Upon William's arrival in Southwark, the citizens sallied forth. They were, however, beaten back after a sharp skirmish, and compelled to seek shelter again within their city's walls. William hesitated to make a direct attack upon the city, but hoped by setting fire to Southwark to strike terror into the inhabitants and bring them to a voluntary surrender. He failed in his object; the city still held out, and William next resorted to diplomacy.

Negotiations between William and the City.

Negotiations between William and the City.

The ruling spirit within the city at that time was Ansgar or Esegar the "Staller" under whom, as Sheriff of Middlesex, the citizens had marched out to fight around the royal standard at Hastings. He had been carried wounded from the field, and was now borne hither and thither on a litter, encouraging the citizens to make a stout defence of their city. To him, it is said, William sent a private message from Berkhampstead, asking only that the Conqueror's right to the crown of England might be acknowledged and nothing more, the real power of the kingdom might remain with Ansgar if he so willed. Determined not to be outwitted by the Norman, Ansgar (so the story goes) summoned a meeting of the eldermen (natu majores) of the City—the forerunners of the later aldermen—and proposed a feigned submission which might stave off immediate danger. The proposal was accepted and a messenger despatched. William pretended to accept the terms offered, and at the same time so worked upon the messenger with fair promises and gifts that on his return he converted his fellow citizens and[pg 033]induced them by representations of the Conqueror's friendly intentions and of the hopelessness of resistance, to make their submission to him, and to throw over the young Atheling.

London submits to the Conqueror.

London submits to the Conqueror.

Whatever poetic tinge there may be about the story as told by Guy of Amiens, it is certain that the citizens came to the same resolution, in effect, as that described by the poet, nor could they well have done otherwise. The whole of the country for miles around London, had already tendered submission or been forced into it. The city had become completely isolated, and sooner or later its inhabitants must have been starved out. There was, moreover, a strong foreign element within its walls.79Norman followers of Edward the Confessor were ever at hand to counsel submission. London submitted, the citizens accepting the rule of the Norman Conqueror as they had formerly accepted that of Cnut the Dane, "from necessity." An embassy was despatched to Berkhampstead, comprising the Archbishop of York, the young Atheling, the earls Edwine and Morkere, and "all the best men of London," to render homage and give hostages,80and thus it was, that within three months of his landing, William was acknowledged as the lawfully elected King of England, and, as such, he crowned himself at Westminster, promising to govern the nation as well as any king before him if they would be faithful to him.

His charter to the citizens of London.

His charter to the citizens of London.

The conciliatory spirit of William towards the Londoners is seen in the favourable terms he was ready to concede them. Soon after his coronation—[pg 034]the precise date cannot be determined—he granted them a charter,81by which he clearly declared his purpose not to reduce the citizens to a state of dependent vassalage, but to establish them in all the rights and privileges they had hitherto enjoyed.

The charter, rendered into modern English, runs as follows:—

"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.82And 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. God 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[pg 035]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 aDe profundison the day when the new mayor took his oath of office before the Barons of the Exchequer.83

The office of port-reeve.

The office of port-reeve.

As regards the port-reeve—theport-gerefa,i.e., reeve of the port or town of London84—the nature and extent of his duties and authority, much uncertainty exists. Whilst, in many respects, his position in a borough was analogous no doubt to the shire-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 byturn, the latter being held independently by the alderman of each ward.85

The foreign element already existing in the City.

The foreign element already existing in the City.

Its increase after the Conquest.

Its increase after the Conquest.

The charter makes no new grant.

The charter makes no new grant.

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,[pg 036]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 passed 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."86But 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."87The charter granted nothing new; it only ratified and set the royal seal88to the rights and privileges of the citizens already in existence.

William's other charter granting the sheriffwick of London.

William's other charter granting the sheriffwick of London.

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[pg 037]rights were challenged in the reign of Henry VI.89This charter has since been lost.

The strong government of William.

The strong government of William.

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 assistance 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

"Doomsday" Book completed.

"Doomsday" Book completed.

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,[pg 038]their wealth and population, necessitated some special method of procedure; but this does not account for the omission of Northumberland, Cumberland, 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.

Death of William the Conqueror, and accession of his son, 1087.

Death of William the Conqueror, and accession of his son, 1087.

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."91the 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

St. Paul's destroyed by fire, 1087.

St. Paul's destroyed by fire, 1087.

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[pg 039]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

The Tower strengthened and the bridge repaired, 1097.

The Tower strengthened and the bridge repaired, 1097.

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."95He 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

Election of Henry I by the Witan at Winchester, 1100.

Election of Henry I by the Witan at Winchester, 1100.

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

Their choice confirmed by the City of London.

Their choice confirmed by the City of London.

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.98The charter thus obtained served as an exemplar for the great charter of liberties which was to be subsequently wrung from King John.

Henry's charter to the City of London.

Henry's charter to the City of London.

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

The main features of the charter.

The main features of the charter.

The chief features of the grant100were that the citizens were thenceforth to be allowed to hold Middlesex to farm at a rent of £300 a year, and to[pg 041]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 fashion of making oath and not after the Norman fashion by wager of battle; their goods were to be free of all manner of customs, toll, passage 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.

The grant of Middlesex to ferm, and choice of sheriff.

The grant of Middlesex to ferm, and choice of sheriff.

Touching the true import of this grant of Middlesex to the citizens at a yearly rent, with the right of appointing their own sheriff over it, no less than the identity 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 shire 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 shire organization into the government of the city, and believe the justiciar and sheriff to have been distinct officials.101The latter appear to hold the more plausible view. Putting aside[pg 042]the so-called charter of William the First, granting to the citizens in express termscivitatem et vice-comitatum Londoniæ, as wanting in corroboration, a solution of the difficulty may be found if we consider (1) that the city received a shire 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 Middlesex 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 shire, as to make the shire subject to the city. It must be borne in mind that no sheriff (or sheriffs) has ever been elected by the citizens for Middlesex alone, the duties appertaining to the sheriff-wick of Middlesex having always been performed by the sheriffs of the city for the time being.103Hence it is that the shrievalty of London and Middlesex is often spoken of as the shrievalty of "London" alone, and the shrievalty of[pg 043]"Middlesex" alone (the same officers executing the duties of both shrievalties) and thefirmaof £300 paid for the shrievalty of Middlesex alone is sometimes described as thefirmaof "London," sometimes of "Middlesex," and sometimes of "London and Middlesex."104

The citizens' right to elect their own Justiciar.

The citizens' right to elect their own Justiciar.

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.105Just 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[pg 044]city of London such distinction was evanescent. The office of justiciar in the city was twice grantedeo nomineto Geoffrey de Mandeville, Earl of Essex, 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

London and the election of Stephen, 1135

London and the election of Stephen, 1135

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 nobility 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[pg 045]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."109There 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 assembled 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 assumes a pre-eminent position and exercises a predominant influence in the public affairs of the kingdom.110

Coronation of Stephen, December, 1135.

Coronation of Stephen, December, 1135.

From London Stephen went down to Winchester, where he was heartily welcomed by his brother Henry,[pg 046]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).

A great Council held in London, April, 1136.

A great Council held in London, April, 1136.

In the spring of the following year (April 1136), a brilliant council of the clergy and magnates of the realm was held in London,111reminding 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

Arrival of the Empress Matilda in England. 1139.

Arrival of the Empress Matilda in England. 1139.

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[pg 047]point for her supporters, whilst London served in the same way for Stephen.

Attempted negotiations between Stephen and Matilda, May, 1140.

Attempted negotiations between Stephen and Matilda, May, 1140.

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.113The negotiations ended without effecting the desired result.

Matilda formally acknowledged "Lady of England," 1141.

Matilda formally acknowledged "Lady of England," 1141.

Matters assumed an entirely different aspect when Stephen was made prisoner at Lincoln in the following year (2nd Feb., 1141). Henry of Winchester forsook his rôle 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 Angliæ) 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

A synod at Winchester, 7th April, 1141.

A synod at Winchester, 7th April, 1141.

This compact was entered into on the 2nd March, and on the following day the empress was received with solemn pomp into Winchester Cathedral. It remained for the compact to be ratified. For this purpose an ecclesiastical synod was summoned to sit at Winchester on the 7th April. The day was spent by the legate holding informal communications with the bishops, abbots, and archdeacons who were in attendance, and who then for the first time in England's history claimed the right not only of consecration, but of election of the sovereign.115

On the 8th April, Henry in a long speech announced to the assembled clergy the result of the conclave of the previous day. He extolled the good government of the late king who before his death had caused fealty to be sworn to his daughter, the empress. The delay of the empress in coming to England (he said) had been the cause of Stephen's election. The latter had forfeited all claim to the crown by his bad government, and God's judgment had been pronounced against him. Lest therefore, the nation should suffer for want of a sovereign, he, as legate, had summoned them together, and by them the empress had been elected Lady of England. The speech was received with unanimous applause, those to whom the election did not commend itself being wise enough to hold their tongue.

The Londoners summoned to attend the synod.

The Londoners summoned to attend the synod.

But there was another element to be considered before Matilda's new title could be assured. What would the Londoners who had taken the initiative in setting Stephen on the throne, and still owed to them[pg 049]their allegiance, say to it? The legate had foreseen the difficulty that might arise if the citizens, whom he described as very princes of the realm, by reason of the greatness of their city (qui sunt quasi optimates pro magnitudine civitatis in Anglia), could not be won over. He had, therefore, sent a special safe conduct for their attendance, so he informed the meeting after the applause which followed his speech had died away, and he expected them to arrive on the following day. If they pleased they would adjourn till then.

They arrive and request the king's release, 9th April, 1141.

They arrive and request the king's release, 9th April, 1141.

The next day (9th April) the Londoners arrived, as the legate had foretold, and were ushered before the council. They had been sent, they said, by the so called "commune" of London; and their purpose was not to enter into debate, but only to beg for the release of their lord, the king.116The statement was supported by all the barons then present who had entered the commune of the city117and met with the approval of the archbishop and all the clergy in attendance. Their solicitations, however, proved of no avail. The legate replied with the same arguments he had used the day before, adding that it ill became the Londoners who were regarded as nobles (quasi proceres) in the land to foster those who had basely deserted their king on the field of battle, and who only curried favour with the citizens in order to fleece them of their money.

Their request backed up by a letter from the Queen.

Their request backed up by a letter from the Queen.

Here an interruption took place. A messenger presented to the legate a paper from Stephen's queen to read to the council. Henry took the paper, and after scanning its contents, refused to communicate them to the meeting. The messenger, however, not to be thus foiled, himself made known the contents of the paper. These were, in effect, an exhortation by the queen to the clergy, and more especially to the legate himself, to restore Stephen to liberty. The legate, however, returned the same answer as before, and the meeting broke up, the Londoners promising to communicate the decision of the council to their brethren at home, and to do their best to obtain their support.

The Londoners after much hesitation receive the Empress into their city, June, 1141.

The Londoners after much hesitation receive the Empress into their city, June, 1141.

The next two months were occupied by the empress and her supporters in preparing the way for her admission into the city, the inhabitants of which, had as yet shown but little disposition towards her. But however great their inclination may have been to Stephen, they at length found themselves forced to transfer their allegiance and to offer, for a time at least, a politic submission to the empress. Accordingly, a deputation went out to meet her at St. Albans (May 1141), and arrange terms on which the city should surrender.118

More delay took place; and it was not until shortly before midsummer (1141), that she entered the city. Her stay was brief. She treated the inhabitants as vanquished foes,119extorted large sums of[pg 051]money,120and haughtily refused to observe the laws of Edward the Confessor they valued so much, preferring those of the late king, her father.121

The Empress forced to leave the city.

The Empress forced to leave the city.

The consequence was that, within a few days of her arrival in London, the inhabitants rose in revolt, drove her out of the city122and attacked the Tower, of which Geoffrey de Mandeville was constable, as his father William had been before him.123

Geoffrey de Mandeville, Earl of Essex, and Constable of the Tower, won over by the Empress.

Geoffrey de Mandeville, Earl of Essex, and Constable of the Tower, won over by the Empress.

This Geoffrey de Mandeville had been recently created Earl of Essex by Stephen, in the hope and expectation that the fortress over which Geoffrey was governor, would be held secure for the royal cause. The newly fledged earl, however, was one who ever fought for his own hand, and was ready to sell his fortress and sword to the highest bidder. The few days that the empress was in the city, afforded her an opportunity of risking a trial to win over the earl from his allegiance. To this end she offered to confirm him in his earldom and to continue him in his office of Constable of the Tower, conferred upon him[pg 052]by Stephen; in addition to which, she was ready to allow him to enjoy lands of the rent of £100 a year, a license to fortify his castles, and the posts of sheriff and justiciar throughout his earldom. The bait was too tempting for the earl not to accept; and a charter to the above effect was drawn up and executed.124

Forsakes the Empress for the Queen.

Forsakes the Empress for the Queen.

Scarcely had the fickle earl consented to throw in his lot with the empress before she had to flee the city. The departure of the empress was quickly followed by the arrival of her namesake, Matilda, the valiant queen of the captured Stephen; and again the earl proved false to his allegiance and actively supported the queen in concert with the citizens.125

Capture of Winchester, and release of Stephen, Sept., 1141.

Capture of Winchester, and release of Stephen, Sept., 1141.

With his aid126and the aid of the Londoners,127the queen was enabled to reduce Winchester and to effect the liberation of her husband by exchanging the Earl of Gloucester, brother of the empress, for the captured king.

His second charter to Mandeville.

His second charter to Mandeville.

After being solemnly crowned, for the second time,128at Canterbury, Stephen issued a second charter[pg 053](about Christmas time, 1141),129to Geoffrey de Mandeville, confirming and augmenting the previous grant by the empress. Instead of sheriff and justiciar of his own county of Essex merely, he is now made sheriff and justiciar of London and Middlesex, as well as of Hertfordshire.

London holds the balance between the rival powers.

London holds the balance between the rival powers.

But even these great concessions failed to secure the earl's fidelity to the king. Again he broke away from his allegiance and planned a revolt in favour of the empress who recompensed him with still greater dignities and possessions than any yet bestowed. This second charter of the empress,130is remarkable for a clause in which she promises never to make terms with the Londoners without the earl's consent, "because they are his mortal foes."131But the plans of the earl were doomed to be frustrated. The empress, tired of the struggle, soon ceased to be dangerous, and eventually withdrew to the continent, and Stephen was left free to deal with the rebel earl alone. With the assistance of the Londoners, who throughout the long period of civil dissension, were generally to be found on the winning side, and held as it were the balance between the rival powers, Stephen managed after considerable bloodshed to capture the fortifications erected by the Earl at Farringdon.132

Arrest of the earl, his freebooting life and death, September, 1143.

Arrest of the earl, his freebooting life and death, September, 1143.

The earl was subsequently treacherously arrested and made to give up his castles. Thenceforth his life was that of a marauding freebooter, until, fatally wounded at the siege of Burwell, he expired in September, 1143.

Arrival of Henry of Anjou in England, 1153

Arrival of Henry of Anjou in England, 1153

Notwithstanding the absence of the empress and the death of the faithless earl, a desultory kind of war continued to be carried on for the next ten years on behalf of Henry of Anjou, son of the empress. In 1153 that prince arrived in England to fight his own battles and maintain his right to the crown, which the king had already attempted to transfer to the head of his own son Eustace. This attempt had been foiled by the refusal of the bishops, at the instigation of the pope, to perform the ceremony. The sudden death of Eustace made the king more ready to enter into negotiations for effecting a peaceful settlement.

Peace concluded between Stephen and Henry at Winchester, November, 1153.

Peace concluded between Stephen and Henry at Winchester, November, 1153.

Henry conducted to London.

Henry conducted to London.

A compromise was accordingly effected at Winchester,133whereby Stephen was to remain in undisputed possession of the throne for life, and after his death was to be succeeded by Henry. The news that at last an end had come to the troubles which for nineteen years had disturbed the country, was received with universal joy, and Henry, conducted to London by the king himself, was welcomed in a manner befitting one who was now the recognised heir to the crown.134

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