Page:EB1911 - Volume 16.djvu/990

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LONDON
[GOVERNMENT


the gates of London were opened to receive him, as already related. Athelstan’s acceptance of the London-made law for the whole kingdom, as pointed out by Mr Gomme, is another instance of the independence of the Londoner. When William the Conqueror granted the first charter to London he addressed the bishop and the portreeve—the bishop as the ecclesiastical governor and the portreeve as the representative of the civil power.

The word “port” in the title “portreeve” does not indicate the Port of London as might naturally be supposed, for Stubbs has pointed out that it is porta not portus, and “although used for the city generally, seems to refer to it specially in its character of a Mart or City of Merchants.” The Saxon title of reeve was continued during the Norman period and the shire-reeve or sheriff has continued to our own time. There were originally several distinct reeves, all apparently officers appointed by the king. Some writers have supposed that a succession of portreeves continued in London, but J. H. Round holds that this title disappeared after the Conqueror’s charter. Henry I. granted to the city by charter the right of appointing its own sheriffs; this was a great privilege, which, however, was recalled in the reigns of Henry II. and Richard I., to be restored by John in 1199.

J. H. Round holds that the office of Justiciar was created by Henry I.’s charter, and as he was the chief authority in the city this somewhat takes off from the value of the privilege of appointing sheriffs.

In the 12th century there was a great municipal movement over Europe. Londoners were well informed as to what was going on abroad, and although the rulers were always willing to wait for an opportunity of enlarging their liberties, they remained ready to take advantage of such circumstances as might occur. Their great opportunity occurred while Richard I. was engaged abroad as a crusader.

In 1889 a medal was struck to commemorate the 700th anniversary of the mayoralty which according to popular tradition was founded in 1189. With respect to this tradition Round writes (Commune of London, p. 223): “The assumption that the mayoralty of London dates from the accession of Richard I. is an absolute perversion of history,” and he adds that “there is record evidence which completely confirms the remarkable 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 Communa in London.”

In October 1191 the conflict between John the king’s brother and Longchamp the king’s representative became acute. The latter bitterly offended the Londoners, who, finding that they could turn the scales to either side, named the Commune The Commune. as the price of their support of John. A small party of the citizens under Henry of Cornhill remained faithful to the chancellor Longchamp, but at a meeting held at St Paul’s on the 8th of October, the barons welcomed the archbishop of Rouen as chief justiciar (he having produced the king’s sign manual appointing a new commission), and they saluted John as regent. Stubbs, in his introduction to the Chronicle of Roger de Hoveden, writes: “This done, oaths were largely taken: John, the Justiciar and the Barons swore to maintain the Communa of London; the oath of fealty to Richard was then sworn, John taking it first, then the two archbishops, the bishops, the barons, and last the burghers with the express understanding that should the king die without issue they would receive John as his successor.” Referring to this important event Mr Round writes: “The excited citizens, who had poured out overnight, with lanterns and torches, to welcome John to the capital, streamed together on the morning of the eventful 8th of 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.”

Little is known as to what the Commune then established really was. Round’s remarkable discovery among the manuscripts of the British Museum of the Oath of the Commune proves for the first time that London in 1193 possessed a fully The Mayor and Échevins. developed “Commune” of the continental pattern. A striking point in this municipal revolution is that the new privileges extended to the city of London were entirely copied from those of continental cities, and Mr Round shows that there is conclusive proof of the assertion that the Commune of London derived its origin from that of Rouen. This MS. gives us information which was unknown before, but upsets the received opinions as to the early governing position of the aldermen. From this we learn that the government of the city was in the hands of a mayor and twelve échevins (skivini); both these names being French, seem for a time to have excluded the Saxon aldermen.

Twelve years later (1205–1206) we learn from another document, preserved in the same volume as the oath, that alii probi homines were associated with the mayor and échevins to form a body of twenty-four (that is, twelve skivini and an equal number of councillors). Round holds that the Court of Skivini and alii probi homines, of which at present we know nothing further than what is contained in the terms of the oaths, was the germ of the Common Council. We must not suppose that when the city of London obtained the privilege of appointing a mayor, and a citizen could boast in 1194 that “come what may the Londoners shall have no king but their mayor,” that the king did not occasionally exert his power in suspending the liberties of the city. There were really constant disagreements, and sometimes the king degraded the mayor and appointed a custos or warden in his place. Several instances of this are recorded in the 13th and 14th centuries. It is very important to bear in mind that the mayors of London besides holding a very onerous position were mostly men of great distinction. They often held rank outside the city, and naturally took their place among the rulers of the country. They were mostly representatives of the landed interests as well as merchant princes.

There is no definite information as to when the mayor first received the title of lord. A claim has been set up for Thomas Legge, mayor for the second time in 1354, that he was the first lord mayor, but there is positively no authority whatever for this claim, although it is boldly stated that he was created lord mayor by Edward III. in this year. Apparently the title was occasionally used, and the use gradually grew into a prescriptive right. There is no evidence of any grant, but after 1540 the title had become general.

No record has been found of the date when the aldermen became the official advisers of the mayor. The various wards were each presided over by an alderman from an early period, but we cannot fix the time when they were united as a court Aldermen. of aldermen. Stubbs writes: “The governing body of London in the 13th century was composed of the mayor, twenty-five aldermen of the wards and two sheriffs.”

As we do not find any further evidence than the oath of the Commune alluded to of the existence of “échevins” in London, it is possible that aldermen were elected on the mayor’s council under this title. This, however, is not the opinion of Mr Round, who, as before stated, is inclined to believe that the body of échevins became in course of time the Court of Common Council. The aldermen are not mentioned as the colleagues of the mayor until the very end of the 13th century, except in the case of Fitz-Ailwin’s Assize of 1189, and this, of course, related specially to the duties of aldermen as heads of the wards of the city.

In March 1298–1299 letters were sent from “the Mayor and Commune of the City of London” to the municipalities of Bruges, Caen and Cambray. Although the official form of “The Mayor and Commune” was continued until the end of the 13th century, and it was not until early in the 14th century that the form “Mayor, Aldermen and Common Council” came into existence, there is sufficient evidence to show that the aldermen and common council before that time were acting with the mayor as governors of the city. In 1377 it was ordered that aldermen could be elected annually, but in 1384 the rule was modified so as to allow an alderman to be re-elected for his ward at the expiration of his year of office without any interval.

In 1394 the Ordinance respecting annual elections was repealed by the king (Richard II.). Distinct rank was accorded to aldermen, and in the Liber Albus we are told that “it is a matter of experience that ever since the year of our Lord 1350, at the sepulture of aldermen, the ancient custom of interment with baronial honours was observed.” When the poll-tax of 1379 was imposed the mayor was assessed as an earl and the aldermen as barons.

The government of the city by reeves dates back to a very early period, and these reeves were appointed by the king. The prefix of the various kinds of reeves made but little difference in the duties of the office, although the area of these duties Sheriffs. might be different. There was slight difference between the office of sheriff and that of portreeve, which latter does not appear to have survived the Conquest.

After the establishment of the Commune and the appointment of a mayor the sheriffs naturally lost much of their importance, and they became what they are styled in Liber Albus “the Eyes of the Mayor.” When Middlesex was in farm to London the two sheriffs were equally sheriffs of London and Middlesex. There is only one instance in the city records of a sheriff of Middlesex being mentioned as distinct from the sheriffs, and this was in 1283 when Anketin de Betteville and Walter le Blond are described as sheriffs of London, and Gerin as sheriff of Middlesex. By the Local Government Act of 1888 the citizens of London were deprived of all right of jurisdiction over the county of Middlesex, which had been expressly granted by various charters.

In 1383 it was ordained and agreed “that no person shall from henceforth be mayor in the said city if he have not first been sheriff of the said city, to the end that he may be tried in governance and bounty before he attains such estate of the mayoralty.”

The two courts—that of aldermen and that of the common council—were probably formed about the same time, but it is remarkable that we have no definite information on the subject. The number of members of the common council varied greatly Common Council. at different times, but the right to determine the number was indirectly granted by the charter of Edward III. (1341) which enables the city to amend customs and usages which have become hard.

There have also been many changes in the mode of election. The common council were chosen by the wards until 1351, when the appointments were made by certain companies. In 1376 an ordinance was made by the mayor and aldermen, with the assent of the whole commons, to the effect that the companies should select men