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
29), that, on the contrary, it was the _justitiarius_ who
should "evidently" be identified with the portreeve (see p. 350,
_supra_).
Perhaps the assumption of a portreeve's existence springs from
forgetfulness or misapprehension of the condition of London at the time.
Its corporate unity, we must always remember, had not yet been
developed. As Dr. Stubbs so truly observes, London was only
"a bundle of communities, townships, parishes, and lordships, of which
each has its own constitution."[1029]
I cannot indeed agree with him in his view that the result of the
charter of Henry I. was to replace this older system by a new "shire
organization."[1030] For my contention is that our great historian not
only misdates the charter in question, but also misunderstands it
(though not so seriously as others), and that it made no difference in
the "organization" at all. But I would cordially endorse these his
words:—
"No new incorporation is bestowed: the churches, the barons, the
citizens retain their ancient customs; the churches their sokens, the
barons their manors, the citizens their township organization, and
possibly their guilds. The municipal unity which they possess is of the
same sort as that of the county and hundred."[1031]
And he further observes that the City "clearly was organized under a
sheriff like any other shire." Thus the local government of the day was
to be found in the petty courts of these various "communities," and not
in any central corporation. The only centralizing element was the
sheriff, and his office was not so much to "govern," as to satisfy the
financial claims of the Crown in ferm, taxes, and profits of
jurisdiction. There was, of course, the general "folkmote" over which,
with the bishop, he would preside, but the true corporate organisms were
those of the several communities. The sheriff and the folkmote could no
more mould these self-governing bodies into one coherent whole, than
they could, or did, accomplish this in the case of an ordinary shire.
Here we have a somewhat curious parallel between such a polity as is
here described and that of the present metropolis outside the City.
There, too, we have the local communities, with their quasi-independent
vestries, etc., and the Metropolitan Board of Works is a substitute for
their "folkmote" or "shiremote."[1032] But, to revert to the days of
Henry I., the Anglo-Saxon system of government, its strength varying in
intension conversely with its sphere in extension, possessed the
toughest vitality in its lowest and simplest forms. Thus the original
territorial system might never have led to a corporate unity. But what
the sheriff and the folkmote could not accomplish, the mayor and the
_communa_ could and did. The territorial arrangement was overthrown by
the rising power of commerce. To quote once more from Dr. Stubbs's work:
Public-domain text, read in full here on John Shaqi.
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