London and the Kingdom - Volume 1 / A History Derived Mainly from the Archives at Guildhall in the Custody of the Corporation of the City of London.

by Reginald R. Sharpe

The chief features of the grant[100] were 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.[101] The 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 terms civitatem 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.[103] Hence 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 the firma of £300 paid for the shrievalty of Middlesex alone is sometimes described as the firma of "London," sometimes of "Middlesex," and sometimes of "London and Middlesex."[104]

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

Even those who stedfastly maintain that in the country the sheriff and justiciar grew up to be two distinct officers, the one representing local interest and the other imperial, are willing to allow that in the[pg 044] city of London such distinction was evanescent. The office of justiciar in the city was twice granted eo nomine to Geoffrey de Mandeville, Earl of 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

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.