Magna Carta: A Commentary on the Great Charter of King John: With an Historical IntroductionMcKechnie, William Sharp
History
Magna Carta: A Commentary on the Great Charter of King John: With an Historical Introduction
McKechnie, William Sharp
Constitutional history -- England -- Sources; Law -- England -- History; Law -- England -- Sources; Magna Carta
The chief feature of London before the Norman Conquest seems to have
been lack of proper municipal organisation. Dr. Stubbs describes the
capital during the eleventh century as “a bundle of communities,
townships, parishes, and lordships, of which each has its own
constitution.”[480] It was thus a collection of small administrative
units, rather than one large unit. Some semblance of legal unity was, it
is true, afforded by the folkmoot, in which the citizens regularly
assembled; by its smaller council known as “husteng”; and perhaps also
by its “cnihtengild” (if, indeed, this third body be not entirely
mythical); while the existence of a “portreeve” shows that for some
financial purposes also the city was treated as one whole. London,
however, prior to the reign of Henry I. was far from possessing
machinery adequate to the duties of a local government for the whole
community.
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Footnote 480:
Stubbs, _Const. Hist._, I. 439. Cf. Round, _Commune of London_, 220,
who is in substantial agreement. Miss Mary Bateson, however, thinks
that “there has been a tendency unduly to minimise the measure of
administrative unity in the twelfth-century shire of London.” See the
evidence produced by her, _Engl. Hist. Rev._, XVII. 480-510.
-----
The first step towards acquiring a municipal constitution is generally
supposed to have been taken by the citizens when they obtained a charter
from Henry I. in the last years of his reign (1130-35). This is not
strictly accurate. London, indeed, by that grant gained certain valuable
privileges and enjoyed them for a short time, but it did not obtain a
constitution. The chief rights actually conferred by Henry were as
follows:—(1) The _firma_ was fixed at the reduced rate of £300 per
annum, the citizens obtaining for this payment a lease in perpetuity of
their own city with the surrounding county of Middlesex—the grant being
made to the citizens and their heirs; (2) they acquired the right to
appoint whom they pleased as sheriffs of London and Middlesex, implying
the exclusion of the king’s tax-collectors by men of their own choosing;
(3) a similar right of appointing their own nominee as justiciar was
also conferred on them, to the exclusion apparently of the royal
justices of eyre. Many minor privileges were confirmed which need not
here be specified. Mr. J. H. Round[481] argues with convincing force
that these concessions, important as they were, did not confer a civic
constitution upon London. Henry’s charter, in his opinion, confirmed all
the already existing separate jurisdictions and franchises, perpetuating
the old state of disunion, rather than creating a new principle of
cohesion. He proves, further, that these benefits continued in force
only for a few years after Stephen’s accession. That king was coerced by
the Earl of Essex into infringing the citizens’ chartered rights; and
London did not regain the ground thus lost until the reign of Richard I.
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Footnote 481:
Public-domain text, read in full here on John Shaqi.
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