It is scarcely to be wondered at if, when the crisis arrived, and king and barons found themselves in avowed hostility, the citizens of London joined the popular cause. By the month of June, 1258, the barons had gained their first victory over Henry. He was forced to accept the Provisions of Oxford, passed by the Mad Parliament,[231] as it came to be called in derision. The Tower of London was transferred to the custody of the barons, and they were for the future to appoint the justiciar. Towards the end of July, a deputation from the barons waited upon the mayor and citizens to learn if they approved of the agreement that had been made with the king.[232]
The Citizens throw in their lot with the Barons.
The mayor, aldermen, and citizens, after a hasty consultation, gave their assent, but with the reservation "saving unto them all their liberties and customs," and the city's common seal was set to the so-called "charter" which the deputation had brought.
Hugh Bigod the baron's justiciar in the city, 1258.
It was not long before the city discovered that the barons were as little likely to respect its liberties as the king himself. Hugh Bigod, whom they had[pg 090] appointed justiciar gave offence by the way he exercised his office. In spite of all remonstrance he insisted upon sitting at the Guildhall to hear pleas, a jurisdiction which belonged exclusively to the sheriffs. He summoned the bakers of the city to appear before him, and those who were convicted of selling bread under weight he punished, in a way that was not in conformity with city usage.[233]
The king takes leave of the citizens. November, 1259.
In November of the following year (1259), Henry took occasion of his departure for the continent to make some popular concessions to the citizens. He appeared at a Folkmote, which was being held at Paul's Cross, and, before taking leave, he announced that in future the citizens should be allowed to plead their own cases (without employing legal aid) in all the courts of the city, excepting in pleas of the crown, pleas of land, and of wrongful distress. On the same day John Mansel who had been one of the king's justiciars in 1257, when the city was "taken into the king's hand," and Fitz-Thedmar had been indicted and deprived of his aldermanry for upholding the privileges of the citizens[234]—publicly acknowledged on the king's behalf the injustice of Fitz-Thedmar's indictment, and announced that Henry not only recalled him to favour, but commanded that he should be restored to his former position.[235]
The king's return from abroad, April, 1260.
During the king's absence abroad, the barons' cause was materially strengthened by the support afforded Simon de Montfort, Earl of Leicester, by the king's son. Upon hearing of the defection of his son, Henry hurried back to England.[pg 091] A consultation took place in the city as to the attitude which the citizens ought to take up, with the result that when Henry appeared (April, 1260), both he and the Earl of Gloucester were admitted into the city, whilst the Earl of Leicester and "Sir Edward," as the chronicler styles the king's son, had to find accommodation in the suburbs.[236]
Henry was now master of the situation. The city was his, and he determined that it should remain so. Strict watch was kept over the gates, which for the most part, were kept shut night and day in order to prevent surprise. Every inhabitant of the age of twelve years and upwards was called upon to take an oath of allegiance before the alderman of his ward, and those of maturer age were bound to provide themselves with arms. The king, who now ruled again in his own way, stirred the anger of the barons, by presuming to appoint Philip Basset, his chief justiciar, without first asking their assent; and the barons retaliated by removing the king's sheriffs, and appointing "wardens of the counties" in their stead.[237] In June 1261, Henry produced a Bull of Alexander IV, annulling the Provisions of Oxford, and freeing him from his oath.[238]