Any pretext was sufficient for Henry's purpose. If the citizens harboured a foreigner without warrant, not only was the city taken into the king's hand, but the citizens were fined 1,000,(220) a sum equal to at least 20,000 at the present day. A widow brings an action for a third part of her late husband's goods in addition to her dower. The case goes against her in the Court of Husting, and is heard on appeal before the king's justiciar sitting at St. Martin's-le-Grand. The verdict is not set aside, but some flaw is discovered in the mode of procedure; the explanation of the citizens is deemed insufficient, and the mayor and sheriffs are forthwith deposed, to be reinstated only on the understanding that they will so far forego their chartered right-viz.: of not impleading nor being impleaded without the walls of their city-as to consent to attend the king's court at Westminster, where finally, and after considerable delay, they are acquitted.(221)

Take another instance. The king had shown an interest in the Abbey Church of Westminster, and had caused a new chapel to be built in 1220, he himself laying the first stone. Thirty years later, or thereabouts, he made certain concessions to the Abbot of Westminster-what they were we are not told-but it is certain that they, in some way or other, infringed the rights of the citizens of London in the County of Middles.e.x. The king promised to compensate them for the loss they would sustain; but failing to get their consent by fair promises, he resorted to his favourite measure of taking the city into his own hands. For fifteen years the dispute between the citizens and the Abbot as to their respective rights in the County of Middles.e.x was kept alive, and was at last determined by a verdict given by the barons of the exchequer, which completely justified(222) the att.i.tude taken up by the citizens of London.

(M141)

In 1230 he extorted a large sum of money from the citizens at a time when he was meditating an expedition to the continent for the purpose of recovering lost possessions. The citizens, however, were not the only sufferers. The religious houses were heavily mulcted, as were also the Jews, who, whether they would or not, were made to give up one third of their chattels.(223) Again in 1244, the citizens of London and the Jews were made to open their purse-strings that the king might the better be able to pay his wine merchant, his wax chandler, and his tailor; but even then his creditors were not paid in full.(224)

Only once does it appear that the king's conscience p.r.i.c.ked him for the extortions he was continually practising on the citizens. This was in 1250, when he called the citizens together at Westminster, and begged their forgiveness for all trespa.s.ses, extortions of goods and victuals under the name of "prises," and for forced loans or talliages. Seeing no other way out of it, the citizens acceded to his request.(225) As recently as the previous year (1249) he had exacted from them a sum of 2,000.(226)

(M142)

Henry had been crowned at Gloucester soon after his accession.(227) Nevertheless he was again crowned-this time in London in 1236, after his marriage with Eleanor of Provence. The city excelled itself in doing honour to the king and queen as they pa.s.sed on their way to Westminster: but the joy of the citizens was damped by the king refusing to allow Andrew Bukerel the mayor to perform the customary service of a.s.sisting the chief butler at the coronation banquet. It was not a time for raising questions of etiquette, so the mayor pocketed the affront, preferring to settle the question of the city's rights at some more convenient time, rather than damp the general joy of the company by pressing his claim.(228)

(M143)

Yet, notwithstanding his manifestly unjust treatment of the citizens of London, and the cynical contempt with which he looked upon their ancient claim to the t.i.tle of "barons," he usually went through the formality of taking leave of them at Paul's Cross or at Westminster, before crossing the sea to Gascony(229) and was not above making use of them when compelled to sell his plate and jewels to satisfy his debts. In 1252, he even went so far as to grant them a charter of liberties, but for this concession the citizens had to pay 500 marks.(230)

(M144)

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, pa.s.sed 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)

(M145)

The mayor, aldermen, and citizens, after a hasty consultation, gave their a.s.sent, 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.

(M146)

It was not long before the city discovered that the barons were as little likely to respect its liberties as the king himself. Hugh BiG.o.d, whom they had 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)

(M147)

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)

(M148)

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. A consultation took place in the city as to the att.i.tude 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 Ba.s.set, his chief justiciar, without first asking their a.s.sent; 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)

(M149)

For eighteen months the king reigned supreme. The barons could do nothing, and the Earl of Leicester, finding their cause hopeless, withdrew in August (1261) to France, and remained there until the spring of 1263, when he returned as the unquestioned head of the baronial party, to take up arms against the king. The citizens professed loyalty to Henry, who was residing in the Tower, and bound themselves by oath to acknowledge his son Edward as heir to the crown.(239) At Whitsuntide, the barons sent a letter to the king requiring him to observe the Provisions of Oxford, and shortly afterwards, addressed another letter to the citizens "desiring to be certified by them whether they would observe the said ordinances and statutes made to the honour of G.o.d in fealty to his lordship the king, and to his advantage of all the realm, or would, in preference, adhere to those who wished to infringe the same."(240)

(M150)

Before sending a reply, the citizens had an interview with the king in the Tower, to whom they showed the barons' letter. The result was, that Henry availed himself of their services to mediate between him and the barons. A deputation of citizens accordingly travelled to Dover, where an understanding was arrived at between the hostile parties. The citizens were prepared to support the barons, subject to their fealty to the king and saving their own liberties; whilst the king promised to dismiss his foreign supporters-the real cause of all the mischief. Hugh le Despenser, whom Henry had deposed, was again installed justiciar of all England in the Tower; and the king and his family left the city for Westminster, the day after the barons entered it. "Thus was a league made between the barons and the citizens with this reservation-'saving fealty to his lordship the king.'"(241)

(M151)

Whilst the commons of England were thus winning their way to liberty, the commons of the city were engaged in a similar struggle with the aristocratic element of the munic.i.p.al government. The craft guilds cried out against the exclusiveness of the more wealthy and aristocratic trade guilds, the members of which monopolized the city's rule. They found an able champion of their cause in the person of Thomas Fitz-Thomas, the mayor for the time being (1261-1265). The mayor's action in the matter disgusted Fitz-Thedmar, the city alderman and chronicler, who complains that he "so pampered the city populace," that they styled themselves the "commons of the city," and had obtained the first voice in the city. The mayor would ask them their will as to whether this or that thing should be done; and if they answered "ya" "ya," it was done, without consulting the aldermen or chief citizens, whose very existence was ignored.(242) It is not surprising that, under a mayor so thoroughly in sympathy with the people, opportunity was taken by the citizens to rectify abuses from which they had so long suffered. Their trade had been prejudiced by the number of foreigners which the king had introduced into the city, and accordingly we read of an attack made on the houses of some French merchants. Rights of way which had been stopped up, were again opened, and where land had been illegally built upon, the buildings were abated.

The chronicler complains of the populace acting "like so many justices itinerant." It was in vain that the king addressed a letter to the mayor and citizens, setting forth that the dissensions between himself and the barons had been settled, and commanding his peace to be kept as well within the city as without.(243)

(M152)

The popular movement received every encouragement from the barons. Let those who were disaffected put their complaints into writing, and the barons would see that the matter was duly laid before the king, and that the city's liberties were not diminished. Fortified with such promises, the mayor set to work at once to organize the craft guilds. Ordinances were drawn up "abominations" Fitz-Thedmar calls them(244) for the amelioration of the members, and everything was done that could be done to better their condition.

(M153)

A few days before Henry and the barons had concluded a temporary peace, the citizens had been greatly excited by an action of the king's son.

Henry was, as usual, in want of money, and had failed to raise a loan in the city. His son came to his a.s.sistance and seized the money and jewels lying at the Temple (29th June). The citizens were so exasperated at this high-handed proceeding on the part of the prince that they vented their spleen on the queen, and pelted her with mud and stones, calling her all kinds of opprobrious names, as she attempted to pa.s.s in her barge under London Bridge on her way from the Tower to Windsor. (13th July).(245)

Such conduct very naturally incensed the king and his son against the citizens. Henry was angry with them, moreover, for having admitted the barons contrary to his express orders.(246) It is not surprising, therefore, that when Fitz-Thomas presented himself before the Barons of the Exchequer to be admitted to the mayoralty for the third year in succession, they refused to admit him by the king's orders, Henry "being for many reasons greatly moved to anger against the city."(247)

(M154)

Before the end of the year (1263), both king and barons agreed to submit to the arbitration of the King of France. The award known as the Mise of Amien-from the place whence it was issue-which Louis made on the 23rd Jan., 1264, proved of so one-sided a character that the barons had no alternative but to reject it. However unjustifiable such repudiation on the part of the barons may have been from a moral point of view, it was a matter of necessity. Many of them, moreover, including those of the Cinque Ports, as well as the Londoners, and nearly all the middle cla.s.s of England, had not been parties to the arbitration, and therefore, were not pledged to accept the award.(248)

(M155)

The citizens and the barons now entered into solemn covenant to stand by each other "saving however their fealty to the king." A constable and a marshal were appointed to command the city force, which was to stand prepared night and day to muster at the sound of the great bell of St.

Paul's. The manor of Isleworth, belonging to Richard, King of the Romans, the king's brother, was laid waste, and Rochester besieged, but, disturbances again breaking out at home, Leicester had to hurry back to restore order and prevent the city being betrayed to the king's son.(249)

(M156)

In May the earl set out again with a force of Londoners(250) to meet the king, who was threatening the Cinque Ports. In the early morning of the 14th he came upon the royal army at Lewes. Prince Edward himself led the charge against the Londoners-he had not forgotten the insult they had recently offered to his mother-and succeeded in driving them off the field. They scarcely indeed awaited his onslaught, so unpractised in warfare had they become of recent years, but turned their backs and sped away towards London, followed in hot pursuit by Edward. When he returned he found that, owing to his absence, the day was lost, and that his father and brother had been made prisoners.(251) In spite of his own success, he also had to surrender.

(M157)

The barons returned to the city in triumph, bringing the king and Richard, king of the Romans, in their train. Edward had been placed in custody in Dover Castle, pending negotiations. Henry was lodged in the Bishop's Palace, whilst Richard was committed to the Tower. An agreement was drawn up which secured the safety of the king, and left all matters of dispute to be again referred to arbitration.(252) This treaty formed the basis of a new system of government, and led to the inst.i.tution of Simon de Montfort's famous Parliament.

The short respite-for it proved to be no more-from civil war was welcomed by the Londoners. The city had been drained of a large part of its population in order to increase the Earl of Leicester's army, and business had been seriously disturbed. For the past year no Court of Husting had been held, and therefore no wills or testaments had received probate; whilst all pleas of land, except trespa.s.s, had to stand over until the country became more settled.(253)

(M158)

The parliament which Leicester summoned to meet on the 20th January, 1265, marked a new era in parliamentary representation. It was the first parliament in which the merchant and the trader were invited to take their seats beside the baron and bishop. Not only were the shires to send up two representatives, but each borough and town were to be similarly privileged.(254)

Terms of reconciliation between king and barons were arranged, and once more the mayor and aldermen did fealty to Henry in person in St. Paul's church. Fitz-Thomas, who for the fourth time was mayor, was determined to lose nothing of his character for independence; "My lord," said he, when taking the oath, so long as you are willing to be to us a good king and lord, we will be to you faithful and true."(255)

(M159)

Peace was not destined to last long. Dissensions quickly broke out between Gilbert, Earl of Gloucester, and Simon de Montfort, owing in a great measure to jealousy. Gloucester insisted that the Mise of Lewes and the Provisions of Oxford had not been properly observed, hinting unmistakably at the foreign birth and extraction of his rival. Endeavours were made to arrange matters by arbitration, but in vain; and by Whitsuntide the two earls were in open hostility. Gloucester was joined by Edward, who had succeeded by a ruse in escaping from Hereford, where he was detained in honourable captivity.(256)

(M160)

With their combined forces they fell on Earl Simon at Evesham and utterly defeated him (4 Aug.). Simon himself was killed, and his body barbarously mutilated.(257) The king, who was in the earl's camp, only saved himself by crying out in time "I am Henry of Winchester, your king." Whilst the battle was raging the city was visited with a terrible thunderstorm-an evil omen of the future.