Geoffrey de Mandeville: A study of the AnarchyRound, John Horace
History
Geoffrey de Mandeville: A study of the Anarchy
Round, John Horace
Great Britain -- History -- Stephen, 1135-1154; Mandeville, Geoffrey de, earl of Essex, -1144
From this interpretation of the "Middlesex" of the charter, it, of
course, followed that the writer took the _firma_ of £300 to be paid in
respect of Middlesex _exclusive of London_.[1016] We need not wonder,
therefore, that to him the grant is difficult to understand. Here are
his comments on its terms:—
"If we could estimate the reasons which led to this grant with any
degree of certainty, we should understand better what the citizens
expected to gain by it besides rights of jurisdiction.... The meaning
and nature of the grant are subjects of which we should like to know
more. But here we can obtain little help from books ... and we may
inquire in vain for a definition of the position and duties of the
sheriff who acts for the citizens in their subject county.... There
must have been advantages to accrue from the payment by London of £300
a year, a sum which, small as it seems to us, was a heavy tax in those
days. We may be sure the willing citizens expected to obtain
correspondingly valuable liberties" (pp. 121-123).
Then follow various conjectures, all of them necessarily wide of the
mark. And as with the ferm, so with the sheriff. Mr. Loftie, taking the
sheriff (_vicecomes_) in question to be a sheriff of Middlesex exclusive
of London (which he hence terms a "subject county"), is of necessity
baffled by the charter. For by it the citizens are empowered to appoint
(_a_) a "vicecomes," (_b_) a "justitiarius." As the "vicecomes,"
according to his view, had nothing to do with the City itself, Mr.
Loftie has to account for "the omission of any reference to the
portreeve in the charter," his assumption being that the City itself was
at this time governed by a portreeve. Though his views are obscurely
expressed, his solutions of the problem are as follows. In his larger
work he dismisses the supposition that the "justitiarius" of the charter
was the "chief magistrate" of the City, _i.e._ the portreeve, because
the citizens must have been "already" entitled to elect that officer.
Yet in his later work, with equal confidence, he tells us that by
"justitiarius" the portreeve is "evidently intended." The fact is that
he is really opposing two different suppositions; the one that Henry
granted by his charter the right to elect a portreeve, the other that he
did not grant it, but retained the appointment in his hands. Mr. Loftie
first denies the former, and then, in his later work, asserts the former
to deny the latter. But really his language is so confused that it is
doubtful whether he realized himself the contradictory drift of his two
arguments, both based on the same assumption, which "it is manifestly
absurd," we learn, to dispute.[1017] And the strange part of the
business is this, What is the "proof" that Mr. Loftie offers for the
later of his two hypotheses? If the "trial" to which he refers had ever
taken place at all, and, still more, if it had taken place before 1115,
the fact would have an important bearing.
Public-domain text, read in full here on John Shaqi.
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