The Commune of London, and other studies

by John Horace Round

Putting aside the “English Knightengild,”—the position of which as a governing body has been far too rashly assumed,[465] and rests upon no foundation,—the only institutions of which we can be sure are the “folkesmote” and the weekly “husteng” of Henry I.’s charter, and the Shrievalty. The “folkesmote” was the immemorial open-air gathering, corresponding with the “shire-moot” or “hundred-moot” of the country, the “borough-moot” or “portman-moot” of the town. The small “husteng,” as is obvious from its name, was a Danish development, akin to the “lawmen” of the Danish boroughs. If these represented, in London, a kind of legal unity, the shrievalty, on the other hand, involved a kind of financial unity. If, however, as I have urged in my study on the early shrievalty,[466] the administrative development of London had proceeded upon these lines, it would no more have brought about a true municipal unity than the sheriff and the county court could evolve it in the shire; a “Corporation” was wholly alien to administration on county principles.

But in the meanwhile, the great movement in favour of municipal liberties, which was so prominent a feature of the stirring 12th century, was spreading like wildfire through France and Flanders, and London, which, since the coming of the Normans, had become far more cosmopolitan, was steadily imbibing from foreign traders the spirit and enthusiasm of the age. But this by no means suited the views, at the time, of the Crown, which, here as in Germany, looked askance on this alarming and, too often, revolutionary movement. When the history of London at this period comes to be properly studied, it will be found that the growing power of the Londoners, who had practically seated Stephen on the throne, and had chevied the Empress Matilda from their midst, were sharply checked by her son Henry, whose policy, in this respect at least, was faithfully followed by his successor, Richard the First. The assumption, therefore, that the Mayoralty of London dates from Richard’s accession (1189) is an absolute perversion of history. There is record evidence which completely confirms the memorable words of Richard of Devizes, who declares that on no terms whatever would king Richard or his father have ever assented to the establishment of the “Commune” in London.[467]

Writing mainly for experts, I need scarcely explain that the “sworn Commune,” to give it its right name—for the oath sworn by its members was its essential feature—was the association or ‘conspiracy’ as we choose to regard it, formed by the inhabitants of a town that desired to obtain its independence. And the head of this Association or “Commune” was given, abroad, the title of “Maire.” It was at about the same time that the “Commune” and its “Maire” were triumphantly reaching Dijon in one direction and Bordeaux in another, that they took a northern flight and descended upon London. Not for the first time in her history the Crown’s difficulty was London’s opportunity. Even so early as 1141, when the fortunes of the Crown hung in the balance between rival claimants, we find the citizens forming an effective “conjuratio,”[468] the very term applied to their “Commune,” half a century later, by Richard of Devizes.[469] Moreover, earlier in the same year (April), William of Malmesbury applies to their government the term “communio,” in which the keen eye of the bishop of Oxford detected “a description of municipal unity which suggests that the communal idea was already in existence as a basis of civic organization.”[470] But he failed, it would seem, to observe the passage which follows and which speaks of “omnes barones, qui in eorum communionem jamdudum recepti fuerant.” For in this allusion we discover a distinctive practice of the “sworn commune,” from that of Le Mans (1073),[471] to that of London, now to be dealt with.

When, in the crisis of October, 1191, the administration found itself paralysed by the conflict between John, as the king’s brother, and Longchamp, as the king’s representative, London, finding that she held the scales, promptly named the “Commune” as the price of her support. The chroniclers of the day enable us to picture to ourselves the scene, as the excited citizens who had poured forth overnight, with lanterns and torches, to welcome John to the capital, streamed together on the morning of the eventful 8th October, at the well-known sound of the great bell, swinging out from its campanile in St. Paul’s churchyard. There they heard John take the oath to the “Commune,” like a French king or lord; and then London for the first time had a municipality of her own.

This much at least we may deem certain; but what the chroniclers tell us has proved to be only enough to whet the appetite for more. Of the character of the “Commune” so granted, of its ultimate fate, and of the part it played in the municipal development of London, nothing has been really known. The only fact of importance ascertained from other sources has been the appearance of a Mayor of London at or about the same time as the grant of a “Commune.” It cannot, indeed, be proved that, as has sometimes been supposed, the two phenomena were synchronistic; for no mention of the Mayor of London, after long research, is known to me earlier than the spring of the year 1193.[472] But there is, of course, the strongest presumption that the grant of a “Commune” involved a Mayor, and already in 1194 we find a citizen accused of boasting that “come what may, the Londoners shall have no king but their Mayor.” It was precisely in the same spirit that the ‘Comuneros’ of Salamanca exclaimed of their leader in 1521: “Juras à Dios no haber mas Rey ni Papa que Valloria.”

Before I explain my discoveries on the “Commune” granted to London, it may be desirable to show how great a discrepancy of opinion has hitherto prevailed on this important but admittedly obscure subject.

The first historian, so far as I know, to treat the subject in the modern spirit was the present bishop of Oxford; and it is a striking testimony to his almost infallible judgment that what he wrote on the subject a quarter of a century ago is the explanation that, to this day, has held the field. In his ‘Select Charters’ (1870), he expressed the view that

the establishment of the ‘Communa’ of the citizens of London, which is recorded by the historians to have been specially confirmed by the Barons and Justiciar on the occasion of Longchamp’s deposition from the Justiciarship is a matter of some difficulty, as the word ‘Communa’ is not found in English town charters, and no formal record of the act of confirmation is now preserved. Interpreted, however, by foreign usage, and by the later meaning of the word ‘communitas,’ it must be understood to signify a corporate identity of the municipality, which it may have claimed before, and which may even have been occasionally recognised, but was now firmly established; a sort of consolidation into a single organized body of the variety of franchises, guilds, and other departments of local jurisdiction. It was probably connected with and perhaps implied by the nomination of a Mayor, who now appears for the first time. It cannot, however, be defined with certainty (p. 257).

And in his ‘Constitutional History’ he holds that it practically “gave completeness to a municipal constitution which had long been struggling for recognition.” These comments, on the whole, suggest rather a development of existing conditions than the introduction of a foreign institution.

Mr. Coote, the next to approach the subject, contended that Dr. Stubbs’ “view falls very far short of the reality.” In his able paper “A Lost Charter,”[473] he insisted that a charter was actually granted in 1191 to the Londoners empowering them to elect a Mayor, and that this is what the chroniclers meant when they spoke of the grant of “Commune,” for the citizens, he urged, had possessed all the rights of a “Commune” from the days of the Conqueror. With Mr. Loftie’s work came the inevitable reaction. Wholly ignoring the definite and contemporary statement as to the grant of a “Commune,” he deemed it “far safer to adopt the received and old-fashioned opinion,” and to date the Mayoralty from 1189, while, as for the “Commune,” he deemed it to have been of gradual growth, and to have been practically recognised by the charter of Henry I.