Winchester
An example of full rights of self-government, the city electing its own Mayor and other officers. Citizens are entitled to attend the moot, but are already becoming a close oligarchy, “every worker” not being admitted to the freedom of the city.
Note that shops are uncommon, goods are usually sold at booths erected in market or street.
The “Great Gild” is the Merchant gild comprising all traders; the various crafts have their own gilds but are subject to the Mayor as representative of the Gild Merchant out of which in this case the corporation appears to have arisen, the townhall being called the Gildhall, and rules being enforced to maintain a high standard in commodities sold. The town dues and regulations tend to check the natural growth of industry and to restrict it in favour of freemen of the city.
Bristol
Note here that the crafts are clearly subjected to the Mayor of a Merchant Gild, who has also acquired the right to hold view of frank-pledge, etc.
The Gild of Fullers shows the importance in mediæval gilds attached to keeping up a sound standard of work and value. Thus in addition to protecting their own members as a Trades Union does, they also protected the consumer and general public.
Adam of Gloucester
Here is a case of an outsider claiming the rights of a freeman and resisting the town authority by pleading the king’s. Thus his case is heard in the king’s court of Common Bench and not in either the Mayor’s Court or the Shiremoot.
The extract from the Hereford Iter appears to refer to the same clothier. It illustrates the growth of a demand for written evidence, the lawyer throwing scorn on the value of the tally, though tallies had been commonly used at the king’s Exchequer. The reference to Law Merchant should be noted. Edward I by the Statute of Acton Burnell in 1283 had established courts in certain boroughs in which merchants might have merchant law for the recovery of debts.
Gild of St. Michael, Lincoln
This extract describes the normal doings of a gild, it is of special interest that it insists on equality among its members.
Gild of Tailors, Exeter
Letters Patent, or Charters were often merely confirmations of an already existing gild, sometimes probably dating from Saxon days but having fresh occasion to fear interference on the part of a neighbouring lord or the king, written records having now become the rule in cases of tenure of property. Such charters were often submitted to succeeding kings for confirmation, and where this was not done Charles II was able to make large sums by calling in the ancient charters. This record also shows well the efforts made to keep up a good standard of work, and the extent of the jurisdiction of the gild-authorities.
The Livery Companies
Stow’s account is inserted here to show the unbroken succession of these voluntary associations from Saxon to modern days; though at the Reformation they lost their religious character.
The later trading companies are closely akin to these, but lack the main motive of mutual charity, though they too exist to co-operate in work for which the individuals’ efforts would not suffice. The earliest of them, the Merchant Adventurers, did actually begin as the religious gild of S. Thomas of Canterbury, being joined by Flemings holding a charter to trade from John of Brabant.
(Toulmin Smith, English Gilds)
Summary
These be the olde usages of the City of Winchester, that have been used in the time of our elderne, be and shall be to the franchise[15] saving and sustaining.
The Mayor shall be chosen every year, by the four and twenty sworn men and the commonalty.
There shall be four and twenty sworn men, for a Council to help the Mayor: who shall attend him on summons.
There shall be two Bailiffs, who shall be chosen by the Commonalty, out of four named by the Mayor and Twenty four, at the Michaelmas borough moot.
Also four Serjeants to do the bidding of the Mayor and Bailiffs.
And two Coroners who are to act in the soke[16] as well as in the city.
The Bailiffs must every year lodge the plea rolls[17] for common use.
N.B.—The Twenty four must be impartial, and be careful in speech.
Makers of quilts and blankets must work within the city and pay an annual tax for the houses where quilts are made. Every worker does not become a freeman.
The price of burel cloth shall be according to the time of year.
Burel cloth shall be made by freemen of the town.
Blankets of given lengths shall be made of given breadths.
Blankets not made of the given lengths and breadths shall be forfeited.
No stalls to be in the High Street at mere will.
None but freemen may buy untanned leather or raw hides in the town, and these not to be taken out of the town.
No fish nor poultry to be bought for sale before undern. (i.e., 9 a.m.). Victuals brought in for sale shall not be taken back unsold without leave.
Regrators and engrossers shall be heavily punished. A rent of a farthing to be paid to the king for every board on which fish is shown for sale.
Every one shall pay a halfpenny to the king for every load of fish that he puts out for sale.
Every non-freeman shall pay for every cartload of fish brought in, twopence halfpenny: and for every horseload of fresh fish, a penny halfpenny, and of salt fish a halfpenny.
[Similar regulations for bakers and brewers with rules as to the quality of the food.]
No non-freeman may have a booth for sale of goods within the town.
Cheese, butter, grease, and smear pay the same toll as wool, half weight counting the same as the whole.
Each sort of goods that ought to be weighed shall be brought into the town. Misdoers shall be punished.
Six good men shall be chosen, three by the Commonalty, and three by the Twenty four to gather in all king’s dues and town rates; who shall yield an account thereof. An account must be given to the Six of moneys gathered by the Mayor or others out of town. If any man find goods for common use, it shall be put to his score, or the goods be returned.
When the time comes for the great Gild sale, men of good name shall be sought, to gather the fees of the merchants.
Non-freemen shall pay to the bailiffs, at the town-gates, for every cartload of corn coming into the town for sale, a halfpenny toll; and for every horse load a farthing.
Steel or iron 2d. per cartload, 1d. per horseload. New saddles the same, Millstones 4d. or 2d., Barrels 1d. or ½d., Tanned leather 2d. or 1d., Madder 2d. or 1d., Woad waxen 4d. or 1d.
Every cordwainer that has a shop shall pay to the king 6d. a year; and to the clerk 1d. for registration.
The master dyers of the painters have a custom to choose two good men who shall assay the goods of outsiders as between seller and buyer.
Every tanner shall pay 2s. a year for a stand in the High Street; and to the clerk a penny.
Every seller of grease, smeare and tallow shall at Easter pay to the king 1d. as smergavel.
Every shoe-maker using new ox leather shall pay at Easter 2d. as shongavel.
The city has a Common Seal and authentic, with which the town charters are sealed. An alderman keeps the charters for a year and a day. Three days warning must be openly given of the sealing. Such charters, unchallenged, are made good for ever by that seal. The sealers of grants to have 6d. for wax and all.
There shall be three copies of the seal. Two of the Twenty four shall keep two and one of the Commonalty the third. All shall be kept in a coffer, set in a larger coffer having two locks; the keys of one lock being kept by one of the Twenty-four, and that of the other lock by one of the Commonalty.
[Rules of pleading in the courts of the city of Winchester follow.]
(Toulmin Smith, p. 420)
It hath been used, the Mayor to let summon all the masters of the Bakers, Brewers, Butchers, and of all other crafts of the town, to come before him, and then to go and assemble them at their halls and places accustomed, to the election of their masters for the year following, and thereupon to bring their said masters and present them before the Mayor, there to take their oaths in the Mayor’s presence.
It hath been used, that within a month after Michaelmas Day, the Mayor, Sheriff and Bailiffs of Bristol, to hold their Lawday in the Guildhall, by the town clerk of the same town, there to call, first the whole Council of Bristol, without any fines accepted for absence, and after that to call all freeholders and common suitors upon pain of fines, and then to call the constables of every Ward. And so to proceed to his inquests.
To the honourable and discreet sirs, the Mayor, sheriff, and all other honourable burgesses of the Common Council of the same town, humbly pray the Masters of the craft of Fullers of the said town: Whereas the said craft has, of old time, had divers ordinances enrolled before you of record in the Gihald of Bristol, in order to put out and do away with all kinds of bad work and deceits which divers people, not knowing the craft, from time to time do, as well in fulling cloths as in “pleityng” and “rekkyng” and many other defects in the said cloths; by which defects the town and craft are fallen into bad repute in many places where the said cloths are put to sale, to the great reproach and hindrance of the said craft.
Wherefore may it please your very wise discretions and honourable wisdom, to grant to the said suppliants that all their good ordinances of old time entered of record, and not repealed, be firmly held and kept and duly put in execution; and that four good men of the said craft be chosen by them every year, and sworn before the Mayor loyally to present all manner of defects which hereafter shall be found touching the said craft, with power, twice a week, to oversee such defects, and, likewise to keep watch over the servants and workmen of the same craft, within the franchise of Bristol, so that the said servants and workmen should not take more wages than of old time is accustomed and ordained.
And besides, discreet sirs, may it please you to grant to the said suppliants the new additions and points below written, to the profit and amendment of the said craft, and to the honour of the said town.
First, it is ordained and agreed that, each year four men of the craft shall be chosen as Masters, to search every house of the said craft, twice a week, and oversee all defects in the said cloths, if any such there be; and to present them before you at the court; so that whosoever does such bad work shall pay for the same the full price of the cloth: one half to go to the town, and the other half to the craft, without any pardon or release: and this, over and above all reasonable amends made to the buyer of the cloths.
Also, the Masters of the craft shall not give more to the men of the said craft than fourpence a day.... And if any of the masters pays more to the workmen than is above ordained, he shall be fined each time ijs; that is to say xij.d. to the commonalty, and xij.d. to the craft. And if the men take more from the masters, they shall pay, each time xij.d.; that is to say, vj.d. to the commonalty, and vi.d. to the craft. And if the men are rebels or contrarious, and will not work, then the four Masters shall have power to take them before the Mayor and Court of Gihald of the town, to be there dealt with according to law and reason. And moreover the said servants shall work and rest in their craft, as well by night as by day, all the year, as has of old time been accustomed.
(Edward I Yearbook; Pleas in Common Bench, p. 306).
1292. “One Adam brought (suit against the town bailiffs) and said that they had tortiously taken his chattels in the town of Gloucester, in the high street, and had taken them away to their toll-booth in the same town tortiously ... bailiffs of the town averred the taking as good; by reason that the custom of the town of Gloucester is this, that no one unless he be a freeman of the town may cut cloth in the said town, but that he can only sell it by the piece; yet nevertheless Adam, who is not a freeman of the town, came and cut his cloth in opposition to the custom.... Adam put forward a charter which witnessed that the king had granted to him that he might cut cloth in the same way as other freemen.”
(Edward I Yearbook. Hereford Iter.)
1292. One Adam demanded a debt by tally and offered suit.
Counsel We do not think that he ought to be answered on a bit of wood like that, without writing.
Adam What answer you to the tally?
Counsel Prayed judgment if he ought to be answered, inasmuch as he offered suit, and then failed to produce it.
Note 1. That one shall not be answered on a tally without suit.
Note 2. Note that by Law Merchant one can not wage his law against a tally; but if he deny the tally, the plaintiff must prove the tally.
(Toulmin Smith, English Gilds, p. 178)
[Summary]
[The gild was founded on Easter Eve, A.D. 1350.]
On the death of a brother or sister within the city, not only shall the Dean bring the four wax lights which are called “soul candles,” and fulfil all other usual ceremonies, but the banner of the gild shall be brought to the house of the dead, and there openly shown, that men may know that the dead was a brother or sister of the gild; and this banner shall be carried, with a great torch burning, from the house of the dead, before the body, to the church.
On the eve of the feast of Corpus Christi, and on the eve of the day following, all the bretheren and sisteren shall come together as is the custom, to the gildfeast. At the close of the feast four wax lights having been kindled, and four of the tankards which are called flagons having been filled with ale, a clerk shall read and explain these ordinances, and afterwards the [ale in the] flagons shall be given to the poor.
If any brother or sister goes away from Lincoln for a year, not being on pilgrimage, and afterwards seeks to rejoin the gild, he must pay twelve pence: if away for two years, he must pay two shillings, unless he have grace.
Whoever seeks to be received into the gild, being of the same rank as the bretheren and sisteren who founded it, namely of the rank of common and middling folks, shall be charged to be faithful to the gild, and shall bear his share of its burdens.
And whereas this gild was founded by folks of common and middling rank, it is ordained that no one of the rank of mayor or bailiff shall become a brother of the gild, unless he be found to be of humble, good, and honest conversation, and is admitted by the choice and common assent of the bretheren and sisteren of the gild. And none shall meddle in any matter, unless especially summoned; nor shall such a one take on himself any office in the gild. He shall on his admission be sworn before the bretheren and sisteren, to maintain and keep the ordinances of the gild. And no one shall have any claim to office in this gild on account of the honour and dignity of his personal rank.
If any brother or sister of the gild has fallen into such an ill state that he is unable to earn his living, and has not the means of supporting himself, he shall have, day by day, a penny from the bretheren and sisteren of the gild, in the order in which their names stand on the register of their admission to the gild; each brother or sister giving the penny in turn out of his own means.
(Founded 1466 by charter)
(Toulmin Smith, p. 300)
Outline of Charter
By these Letters Patent, the King, for himself, his heirs, and successors, so far as he has power, enables his lieges of the Craft of Tailors in the City of Exeter, to establish a Gild of the men of the said craft and others; to maintain and encrease it; and to choose a Master and four Wardens. They may wear a livery, and hold meetings and have feasts, and make such ordinances as they think best.
The gild shall be a Body Corporate, and have a Common Seal, and may plead and be impleaded by the name of the Body Corporate. The Master and Wardens shall control the gild, and amend the misdoings of any of its members or their servants. No one shall have a board or shop of that craft, unless free of the city; nor shall anyone be let join the gild unless known to be good and faithful. The Master and Wardens shall have a general control over the craft of tailors, and over others joining the gild, and their crafts; and may, with the consent of the Mayor of the city for the time being, amend all defaults found. None else shall have such control, except the said Master and Wardens, or the Mayor and his deputies. Given at Westminster, on the 17th November, 6 E. IV.
Examples of Control (p. 321)
(2) Md. that John Rowter received IIIj yerdes of brod cloth, blew, to make Master Robert Rydon a gowne; apoun the wheche, the said Master Robert complayned of lackyng of his clothe. And ther the gowne wasse sene before the sayde crafte; and ther wasse fownde no cloth wasted, but ther wasse dewly proved IIj quarteris of brod clothe convayed in peces, as hit apereth by patrons [patterns] of black paper in our Comon Kofer of record, at any time redy to shew, etc. ffor the said defense, the sayde John Rowter summetted hym to the Master and Wardons and to the felascheppe, the xxivth day of October, anno regni E. iiijti, xixo.
(4) Md, That John Walsche, aliis Kent, recevyed of Edmund Colchet vj yerdes of blew osed to make hym a gowne; and so the sayde Edmund complayned of spoylling hys gowne and lackyng of his cloth. And so there wasse fownd no cloth stolen, but ther wasse fownd wasted the valor of a yerd, and the gowne marred: ffor the whech fense, the M. and Wardons juged yt the sayde Edmond shold take hys avountage agaynet ye sayde John at the common law, ffor ye sayde John wasse neuer amytted for a fre sower, and his M. disavoed hym yt he wasse not his foreman.
(5) Md, that John Skeche, setsayne and taylor of the Cyte of Excete come before M. and Wardons, the xvj day of Marche, ao regni Regis E. iiij ti, xxti; and ther complayned vppon Willam Spicer, tayler, for wtholding of a potell pot of pewter, paysing [weighing] iiijti; Item, for sowyng of a kertell wtoute slevis, and for the stuffe of a coler, and settyng on. For the which fense aforesayde, the M. and Wardons hath awarded yt the sayde Willam shall pay onto the sayde John Skeche, in full content of all thyng, fro the begenyng of the world into this daye, xvj.d. And the sayde John Skeche shall relesse hym of all sewtes that ye sayde Skeche hath ayens the sayde Willam for all soche materis a fore wreten.
(6) Md. of a warde y made bi the Maister and Wardons the xvjth day of Jule, the yeere of the Reigne of Kyng Edward the iiijth, the xxjth, betwene William Peeke and John Lynch his seruant; for that the said William unlawfuuli chasted hym, in brusyng of his arme and broke his hedd. And for that it was chuged, bi the said maister and wardons, that the said William Peeke shuld pay, for his leche craifte, v.s.; and for his table for a moneth, iijs. iiijd.; and for amendis, xvs.; and to the craift, xxd. for a fyne for his mysbehaueng aynst the craift.
(8) Md. of won John Tregaso, wiche was swone to the Master and Wardonis of the fraternite of Tayloris of Sent John Battyst in the Cite of Exceter. That, not wtststandyng, the sayde John come before on John at Well, that tyme beyng Mayre, and renonsed the sayde wothe, and was for sworyn on a crucefex. Where a poun, the sayde Master and Wardonis syud the same John a poun a purgery: and so, be the mene of gentyl men and money, they were made acorde, and new swaryn to the Master and Wardonys. And so the sayde John was send for, dyverse tyme to com to durgeis, massis, and other dutyis, acordyng to his othe: the wiche he absent hymself wt owte cause resenable. Where apon, the Master and Wardonys fett hym owte of his howse, and brost hym to Tayleor Hall, and there putt hym in a pere of stockys; and the (y) keped hym by the space of a day and a nygte. Apon the wiche, John Mattheu and Thomas Penhale ware bownde to the Master and Wardonys in xxti. li., that the sayde John Tregaso shuld be of god beryng contynually fro this day forward, the xvijth day of October, the reign of Kyng E. the iiijth, the xxjti.
Goods in the gild hall, 1504 (p. 327)
Here ffolwyth the ymplementes of the Taylorys halle, beyng wtyn the place yn the yere, beyng Master of the occupacion Richard Chubb, ao regni Hi spti xxo, of Exceter.
Md. that ther remayneth, fyrst yn the halle, a payntyed cloth at hye Desse; ij lytell bynches by euery syde, on by the chymney, on nayled to the walle; a planke tabell, wt ij trestelles, att hye desse; a tabell yn the syde of the halle, and a furme; a bynch yn the yn sayde of the tabell; also, yn the parler, a beddestede: also, yn the spence, a tabell planke, and ij sylwes: also, yn the chamber next to the halle, a longe coffer wtoute lockes or keyes, and a beddeste: also yn the utter chamber, a bedde stede: also a brasse pott (a plater of pewter, iiij quarters of a wyolet gowne for a woman, a broche wt a fote, ij new torches but lytell burde), and iiij yndes of torches; a streymer and a baner, a boxe wt iiij ewydence, wt iij other wretynges: and a seyalle of sylver of the brotherredyis.
New Ordinance of 1531
Be it enacted, the fest of Saynt Marke, the xxiijth yere of the raigne of King Henry the viijth, Thomas Hunt then beyng Master, that euery mannys wief, after the deth of hur husbond, beyng a taillor, shall kepe as many servaunts as they wille, to werke wt hur to hur use duryng hur widowhode, so she bere scotte and lotte, yeve and yeld, wt the occupation. And if be proved that the same seruaunts do werke not to the only vse of his said Mastresse, but to his or their owne vse, beth the Mastresse and the seruaunts euery of theym for euery [such offense shall pay in fines] iijs. iiijd.
(Stow, Survey of London, Book V, p. 165.)
These Companies severally at sundry times purchased the King’s Favour and License by his Letters Patents to associate themselves in Brotherhoods, with Master and Wardens, for their Government.... And such Liveries have they taken upon them, as well before as since they were by License associated into Brotherhoods or Corporations.
For the first of these Companies that I read of to be a Guild, Brotherhood or Fraternity in this City, were the Weavers, whose Guild was confirmed by Henry the Second. The next Fraternity, which was of St. John Baptist, time out of mind, called of Taylors, and Linnen Armourers of London, I find that King Edward I in the 28th of his Reign, confirmed that Guild.... The other Companies have since purchased License of Societies, Brotherhoods, or Corporations in the Reigns of Edward III, Richard II, Henry IV, Henry V, Henry VI, Edward IV, etc.... The Coverture of Men’s Heads was then Hoods ... in the Guildhall, the Maior is ... pictured, sitting in his Habit party coloured, and a Hood on his Head, his Swordbearer before him with an Hat or Cap of Maintenance: The Common Clerk and other Officers bareheaded, their Hoods on their Shoulders.... These Hoods were worn, the Roundlets upon their Heads, the Skirts to hang behind their Necks to keep them warm, the Tippet to lie on their Shoulder or to wind about their Necks. These Hoods were in old time made in Colours according to their Gowns.... But now ... they have used their Gowns to be all of one Colour and that the Saddest.
(Stow, Book II, p. 201)
This Company of Skinners in London was incorporate by Edward III therefore divers royal Persons were named to be Founders and Brethren of this Fraternity, to wit, Kings six, Dukes nine, Earls two, one Lord.
This Fraternity had also once every year on Corpus Christi Day, after Noon, a Procession which passed through the principal Streets of the City. Wherein was borne more than one hundred Torches of Wax (costly garnished) burning light, and above two hundred Clerks and Priests in Surplices and Copes, singing. After the which were the Sheriffs Servants, the Clerks of the Compters, Chaplains or the Sheriffs, the Maiors Serjeants, the Councel of the City, the Maior and Aldermen in Scarlet, and then the Skinners in their best Liveries.
Thus much to stop the Tongues of unthankful Men, such as use to ask, Why have ye not noted this, Or that, and give no thanks for what is done.