If credit be given to every statement made by the city alderman and chronicler, Fitz-Thedmar, we must believe that the battle of Evesham took place just in time to prevent a wholesale ma.s.sacre of the best and foremost men of the city, including the chronicler himself, which was being contrived by the mayor, the popular Thomas Fitz-Thomas, the no less popular Thomas de Piwelesdon or Puleston, and others.(258)

(M161)

The citizens of London were soon to experience the change that had taken place in the state of affairs. The day after Michaelmas, the mayor and citizens proceeded to Westminster to present the new sheriffs to the Barons of the Exchequer; but finding no one there, they returned home. The truth was that the king had resorted to his favourite measure of taking the city into his own hands for its adherence to the late Earl of Leicester; and for five years it so remained, being governed by a _custos_ or warden appointed by the king, in the place of a mayor elected by the citizens.(259)

(M162)

There had been some talk of the king meditating an attack upon the city, and treating its inhabitants as avowed enemies.(260) The very threat of such a proceeding was sufficient to throw the city into the utmost state of confusion. Some there were "fools and evil-minded persons," as our chronicler describes them-who favoured resisting force by force; but the "most discreet men" of the city, and those who had joined the Earl under compulsion, would have none of it, preferring to solicit the king's favour through the mediation of men of the religious orders. Henry still remained unmoved, and the fear of the citizens increased to such an extent that it was finally resolved that the citizens as a body should make humble submission to the king; and that the same should be forwarded to him at Windsor under the common seal of the city. Whilst the deputation bearing this doc.u.ment was on its way it was met by Sir Roger de Leiburn, who turned it back on the ground that he himself was on his way to the city for the express purpose of arranging terms of submission.(261)

(M163)

That night Sir Roger lodged at the Tower, and the next morning he went to Barking Church, on the confines of the city,(262) where he was met by the mayor and a "countless mult.i.tude" of the citizens. The advice he had to give the citizens was that if they wished to be reconciled to the king, they would have to submit their lives and property unreservedly to his will. Letters patent were drawn up to that effect under the common seal, and taken by Sir Roger himself to Windsor. The citizens had not long to wait for an answer. The king's first demand was the removal of the posts and chains which had been set up in the streets as a means of defence. His next was that the mayor-his old antagonist Fitz-Thomas-and the princ.i.p.al men of the city should come in person to him at Windsor, under letters of safe conduct. Trusting to the royal word, the mayor and about forty of the more substantial men of the city proceeded to Windsor, there to await a conference with the king. To their great surprise, the whole of the party were made to pa.s.s the night in the Castle keep. They were practically treated as prisoners.

(M164)

Some regained their liberty, but of Fitz-Thomas nothing more is heard.

From the time that he entered Windsor Castle, he disappears from public view. That he was alive in May, 1266, at least in the belief of his fellow-citizens, is shown by their cry for the release of him and his companions "who are at Windlesh.o.r.es." They would again have made him Mayor, if they could have had their own way. "We will have no one for mayor" (they cried) "save only Thomas Fitz-Thomas."(263)

(M165)

In the meantime the king had himself gone to London and confiscated the property of more than sixty of the citizens, driving them out of their house and home. Hugh Fitz-Otes, the Constable of the Tower, had been appointed warden of the city in the place of the imprisoned mayor; bailiffs had been subst.i.tuted for sheriffs, and the citizens made to pay a fine of 20,000 marks. Then, and only then, did the king consent to grant their pardon.(264)

(M166)

Queen Eleanor, who had interceded for the Londoners,(265) was presented by the king with the custody of London Bridge, the issues and profits of which she was allowed to enjoy. She allowed the bridge, however, to fall into such decay, that she thought she could not do better than restore it to its rightful owners. This she accordingly did in 1271, but soon afterwards changed her mind, and again took the bridge into her charge.(266)

(M167)

At Easter, 1267, the Earl of Gloucester, who had const.i.tuted himself the avowed champion of those who had suffered forfeiture, and become "disinherited" for the part they had taken with the Earl of Leicester, sought admission to the city. The citizens hesitated to receive him within their gates, although according to some, he was armed with letters patent of the king addressed to the citizens on his behalf.(267) Under pretence of holding a conference with the papal legate at the Church of Holy Trinity, Aldgate, he gained admission for himself and followers: and there he remained, having made himself master of the city's gates.(268) Thereupon many citizens left the city, fearing the wrath of the king, and once more the city was in the hands of the populace. The leading citizens were placed under a guard; the aldermen and bailiffs were deposed to make way for the earl's own supporters, and, for better security, a covered way of timber was made from the city to the Tower.(269)

Whatever may have been the actual part played by the legate in admitting the disinherited into the city, he soon showed his dissatisfaction at the state of things within its walls, by leaving the Tower, to join the king at Ham, and placing the disinherited-"the enemies of the king"-under an interdict.(270)

(M168)

At length the king and the Earl of Gloucester came to terms (16 June). The earl was to have his property restored to him, and the city was to be forgiven all trespa.s.ses committed against the king since the time that the earl made his sojourn within its walls. The earl gave surety in 10,000 marks for keeping the peace, and the citizens paid the king of the Romans 1,000 marks for damages they had committed three years before in his manor of Isleworth.(271) Not a word about the imprisoned mayor, Fitz-Thomas!

(M169)

The king's letters patent granting forgiveness to the citizens for harbouring the Earl of Gloucester(272) were followed in the spring of the following year by another charter to the city.(273) But inasmuch as this charter did not restore the mayoralty, the citizens had little cause to be thankful and looked upon it as only an instalment of favours to come.

(M170)

Towards the end of this year or early in the next (1269), the city was committed by the king to his son Edward, who ruled it by deputy, Sir Hugh Fitz-Otes being again appointed Constable of the Tower, and warden of the city.(274) It was through the good offices of the prince, that the citizens eventually recovered the right to elect their mayor, so long withheld. "About the same time, that is to say, Pentecost, 1270," writes Fitz-Thedmar, "at the instance of Sir Edward, his lordship the king granted unto the citizens that they might have a mayor from among themselves in such form as they were wont to elect him."(275)

(M171)

He further allowed them to choose two sheriffs who should discharge the duties of sheriff, (_qui tenerent vicecomitatem_) of the City and Middles.e.x, as formerly; but instead of the yearly ferm of 300 in pure silver (_sterlingorum blancorum_), formerly paid for Middles.e.x, they were thenceforth to pay an annual rent of 400 in money counted (_sterlingorum computatorum_.)(276)

(M172)

The citizens lost no time in exercising their recovered rights. Their choice fell upon John Adrian for the mayoralty, whilst Philip le Taillour and Walter le Poter were elected sheriffs. After they had been severally admitted into office-the mayor before the king himself on Wednesday, the 16th July, and the sheriffs at the Exchequer two days later-the king restored the city's charters, and the citizens acknowledged the royal favour by a gift of 100 marks to the king, and 500 marks to Prince Edward, who had proved so good a friend to them, and who was about to set out for the Holy Land.(277)

(M173)

Adrian was succeeded in the mayoralty by Walter Hervy, who had already served as sheriff or bailiff on two occasions, once by royal appointment.

He made himself so popular with the "commons" of the city during his year of office, that when October, 1272, came round and the aldermen and more "discreet" citizens were in favour of electing Philip le Taillour as his successor, the commons or "mob of the city"-as the chronicler prefers to style them-cried out, "Nay, nay, we will have no one for mayor but Walter Hervi."(278)

(M174)

The aldermen finding themselves in a minority, appealed to the king and council at Westminster. Hervy did the same, being accompanied to Westminster by a large number of supporters, who took the opportunity of the aldermen laying their case before the council to insist loudly, as they waited in the adjacent hall, upon their own right of election and their choice of Hervy. It was feared that the noise might disturb the king who was confined to his bed with what proved to be his last illness. All parties was therefore dismissed, injunction being laid upon Hervy not to appear again with such a following, but to come with only ten or a dozen supporters at the most.

(M175)

Hervy paid no heed to this warning, but continued to present himself at Westminster every day for a fortnight, accompanied by his supporters in full force, expecting an answer to be given by the council. At length the council resolved to submit the whole question to arbitration, the city in the meanwhile being placed in the custody of a warden. Before the arbitrators got to work, the king died (16 Nov.), and rather than the city should continue to be disturbed at such a crisis, the aldermen agreed to a compromise, and Hervy was allowed to be mayor for one year more.(279)

CHAPTER V.

(M176)

Although the aldermen had been prevailed upon to give their a.s.sent to Hervy's election to the mayoralty, his democratic tendencies made him an object of dislike, more especially to Fitz-Thomas. When, therefore, that chronicler records that throughout Hervy's year of office he did not allow any pleading in the Husting for Pleas of Land except very rarely, for the reason that the mayor himself was defendant in a suit brought against him by Isabella Bukerel,(280) we hesitate to place implicit belief in his statement.(281) We are inclined, moreover, to give less credit to anything that Fitz-Thedmar may say against the mayor when we bear in mind that the former had a personal grievance against the latter.(282)

(M177)

Hervy was a worthy successor to Fitz-Thomas, and, under his government, the craft guilds improved their position. Fresh ordinances for the regulation of various crafts were drawn up, and to these the mayor, on his own responsibility, attached the city seal.(283) When Hervy's year of office expired-these so-called "charters" were called in question as having been unauthorised by the aldermen of the city and as tending to favour the richer members of the guilds to the prejudice of the poorer.

After a "wordy and most abusive dispute" carried on in the Guildhall between the ex-mayor and Gregory de Rokesley who acted as spokesman for the body of aldermen, Hervy left the hall and summoned the craft-guilds to meet him in Cheapside. There he told them that it was the wish of Henry le Galeys (or Waleys) the mayor and others to infringe their charters, but that if they could stand by him he would maintain those charters in all their integrity.

Fearing lest a riot might follow, the chancellor-Walter de Merton, through whose mediation Hervy had been at last accepted as mayor by the aldermen-ordered his arrest. This was on the 20th December, 1273. Hervy was, accordingly, attached but released on bail, and early in the following January (1274), his charters were duly examined in the Husting before all the people, and declared void. Thenceforth, every man was to enjoy the utmost freedom in following his calling, always provided that his work was good and lawful.(284)

(M178)

When the mayor removed certain butchers' and fishmongers' stalls from Cheapside, in order that the main thoroughfare of the city might present a creditable appearance to the king on his return from abroad, the owners of the stalls, who complained of being disturbed in their freeholds-"having given to the sheriff a great sum of money for the same"-found a champion in Hervy. Their cause was pleaded at the Guildhall, and such "a wordy strife" arose between Hervy and the mayor, that the session had to be broken up, and Hervy's conduct was reported to the king's council. The next day, upon the resumption of the session, a certain roll was produced and publicly read, in which "the presumptuous acts and injuries, of most notorious character" which Hervy was alleged to have committed during his mayoralty were set forth at length.

(M179) (M180)

The charges against him were eight in number, of which some at least appear to be in the last degree frivolous. He had on a certain occasion borne false witness; he had failed on another occasion to attend at Westminster upon a summons; he had failed to observe all the a.s.sizes made by the aldermen and had allowed ale to be sold in his ward for three halfpence a gallon; he had taken bribes for allowing corn and wine to be taken out of the city for sale, and he had misappropriated a sum of money which had been raised for a special purpose. Such was the general run of the charges brought against him, in addition to which were the charges of having permitted the guilds to make new statutes to their own advantage and to the loss of the city and all the realm, as already narrated, and of having procured "certain persons of the city, of Stebney, of Stratford, and of Hakeneye" to make an unjust complaint against the mayor, "who had warranty sufficient for what he had done, namely, the council of his lordship the king." This last charge had reference to the recent removal of tradesmen's stalls from Chepe. No defence appears to have been allowed Hervy. The charges were read, and he was then and there declared to be "judicially degraded from his aldermanry and for ever excluded from the council of the city"; a precept being at the same time issued for the immediate election of a successor, to be presented at the next court.(285)

(M181)

From this time forward nothing more is heard of Hervy. The same cloud envelopes his later history, that gathered round the last years of his predecessor and political tutor Thomas Fitz-Thomas. The misfortune of both of these men was that they lived before their age. Their works bore fruit long after they had departed. The trade or craft guilds, as distinguished from the more wealthy and influential mercantile guilds, eventually played an important part in the city. Under Edward II, no stranger could obtain the freedom of the city (without which, he could do little or nothing), unless he became a member of one of these guilds, or sought the suffrages of the commonalty of the city, before admission to the freedom in the Court of Husting.(286)

The normal and more expeditious way of obtaining the freedom was thus through a guild. If Hervy or Fitz-Thomas lived till the year 1319, when the Ordinances just cited received the king's sanction, he must have felt that the struggle he had made to raise the lesser guilds had not been in vain. The mercantile element in the city, which had formerly overcome the aristocratic element,(287) in its turn gave way to the numerical superiority and influence of the craft and manufacturing element. Hence it was that in 1376-when the number of trade or craft guilds in the city compared with the larger mercantile guilds was as forty to eight-the guilds succeeded in wresting for a while from the wards the right of electing members of the city's council.(288)