OP TMK AMERICAN ECONOMIC ASSOCIATION. VOL. IL No. 5. \ TWO CHAPTERS ON T1IK Mediaeval Guilds of England. BY EDWIN R. A. SELIGMAN, PH. D. fi ADJ. PROFESSOR OF POUTICAI. ECONOMY, SCHOOL OP POLITICAL SCIENCE, COLUMBIA COLLEGE. AMERICAN ECONOMIC ASSOCIATION. NOTKM BKR, 1S87. Reproduced by DUOPAGE PROCESS in the U.S. of America Micro Photo Division Bell & Howell Company Cleveland 12, Ohio ViJ/fU COPYRIGHT. IbtC, BT AMF.RICAH ECONOMIC AMOCIATIOV. BALTIMOIiB: PBOM THE PHEW or GUGCEXHKIMEK, WBII. ft Co. 1WT. S3 ; TABLE OF CONTENTS. PAGK. IHTRODUCTIOX The Anglo-Saxon Guilds P I. THE GUILDS-MERCHANT: 1. Origin ami Function 21 2. The Guilds and the Towns 33 3. The Later Fortunes 44 II. THE CRAFT GUILDS: 1. Origin and Development. 50 2. Constitution and Function......... 67 3. Industrial Relations 8tf APPENDIX On the Etymology of Guild . . . .. 103 LIST or AUTHORITIES ... 107 647 PREFACE. This essay was originally written in 1882-3 as a doctor's dissertation in the School of Political Sci- ence, Columbia College. It is here reprinted in its original form, with a few additions and alterations, mainly of a verbal nature. This explains the lack of all reference to publications of the past four years. The monograph is only a condensed fragment of a much larger work, already partly in manuscript, which is to treat of the social history of England to the present time. The press of other occupations has compelled me to lay it aside for several years, but at some future day I trust to continue my inves- tigations in England itself, and to complete the task that has been marked out. In the original essay much assistance was derived from two German works. In the chapter on the craft-guilds attention should be called to Ochenchow- ski's essay on ''England's Wirthschaftliche Entwick- elung'* (1879), with many of whose conclusions this essay is in harmony. As to the merchant-guild, especial acknowledgment is due to the scholarly thesis of Dr. Gross, "Gilda Mercatoria"' (1883), which treats the subject far more elaborately than has been attempted in this monograph. Although the chapter had been practically completed before the appearance of Dr. Gross's thesis, he was nevertheless the first in the field, and deserves all the credit for setting the subject in its proper light. As we differ, however, in a few points I have thought it permissible to pub- lish the chapter. COLUMBIA COLLEGE, NEW YORK, November, 1887. INTRODUCTION, ' . . ..:: v. THE ANGLO-SAXON GujL-ps: :*""":." * The early guilds had no connection with trade or industry, but were voluntary associations formed for a variety of purposes political, social and re- ligious. Endeavors have been made to trace their origin to the pagan customs of the primitive Teutons at the sacrificial banquets and funeral festivities, which often degenerated into the wildest orgies, ending in violence and murder. 1 But this is clearly inadequate. The common banquets were not pecu- liar to the Scandinavians, but on the contrary were an institution of the most wide-spread character. They occur in the early history of every nation from the Asiatic joint families to the Roman collegia, Russian villages and Irish septs. 2 Still more unsat- isfactory is the statement, elaborated by Brentano into an ingenious theory, that these drinking bouts contained in germ the essence of all guilds. Occa- sional survivals of the practice are still found to-day on the islands of the Baltic, and it would require a peculiarly lively imagination to connect these casual festivals with the mediaeval unions. There is abso- lutely no evidence that any of the Anglo-Saxon guilds were founded on such a basis, 3 nor is there 'Wilda, cap. 1; Lappenberg, 11-350. The foot notes in this ensay contain only abbreviated references. For fall titles see the list of Authorities printed at the end of the monograph. 'Maine, Early Hut., 79; Village Comm. cb. 4. 'Ordinance*, xvi. (Note of Smith.) 10 INTRODUCTION. [390 any more reason to assert a similar origin for those of the continent. In fact, the attempt to discover any one particular source is idle. Combined efforts ...of. individuals have always existed to supplement 'tbe de5edts** kff-" government and to afford mutual A : ip^^^C^ itf tfase pf need. Indeed the social instinct '*** "of "man, {fie* impulse to work or worship in common, has shown itself in all nations and at all times. The names of these associations naturally varied with the different countries, and the ends they sought to attain bore a fixed relation to the changing needs of the society in which they existed. But the idea that all guilds are derived from one fountain head is plainly erroneous, and this vain attempt to discover the impossible explains the one-sided, divergent views of so many historians. 1 The earliest Anglo-Saxon guilds are of three kinds religious or ecclesiastic, social, and protective guilds. The introduction of Christianity gave a strong impulse to the rapid formation of abbeys, and from the sixth century on the associations of priests occur in increasing numbers. These meetings of the clergy gradually received the name of guilds or guild- ships from the fact of each member being held to contribute a fixed sum. For the word guild originally denoted a common payment. In the time of Edgar the gyldscipes of the priests are mentioned as an insti- 'Sybel, 19, finds their origin in the tribal constitution ; Maine, Early Hiit., 232, in the primitive brotherhoods of co-villagers; AVinzer, in the Scandinavian confederacies for plunder ; Sullivan, I-ccvi., in the Irish grazing partnerships; Wilda, ch. 1, in the sacri- ficial feast and Christian church; Hartwig, in the early com- s mnnions; Brentano, in the family; Coote, Roman*, 383, Pearson, 274, Wright, 425 in the Roman Collegia. Cf. Thierry, 311, Mar- quardsen, 43; Kemble, Saxont, 1-239; Gierke, 1-222. 391] INTRODUCTION'. 11 tut ion of frequent occurrence, 1 and we possess the statutes of several combinations from the charters of a slightly later date. The guild at Woodbury was founded by Bishop Osborn, and other guilds at Evesham, Chertsey, Bath, Pershore, Wynchcombe, Gloucester and Worcester were.united by Wulfatan into a still larger association. 1 fCbntributions to the common treasury, masses for the living, and funeral rites for the deceased brethren, observance of a mutual charity, and the bathing, feeding and cloth- ing of one hundred poor men, are among the obliga- tions of the members, who promise to conduct them- selves as righteouslv as possible, and be of "one heart and of one soul|" 3 ^ These guilds of the clergy, existing in every populous district and thoroughly imbued with the teachings of the early church, were probably identical with the later guilds of Kalenders, for in one case at least that of Bristol in the four- teenth century the fraternity may be traced to a so-called college of presbyters of the year 700. 4 j A like spirit actuated the laymen in their social guilds, although the influence of religious conviction was soon overshadowed by the secular aims. The ordinances of the Abbotsbury, Exeter and Cambridge unions, which are still preserved, afford a clear insight 1 9 Thorpe, Ann. Law, 11-247. Cf. "nrum gegyldscipum" in Jvdieia Citilatis Lond. 8.%G, which shows that societies and not dis- tricts are meant Printed in H ickes, 1820 ; Woodbury in Thorpe, Dip. Ang. 608. Brentano and Stubbe ignore them. *" Quasi cor unum et anima ana." 'Lingard, 246 ; Corry, H-4; Ord. 287. 12 INTRODUCTION. [392 into their constitution. 1 The members give yearly donations of money or wax to preserve the candles at the religious services, bring malt, honey, wheat, wood and corn as well as bread to be distributed in alms. Stated assemblies, common banquets, care for the sick and the dead, prayers and masses, penalties for " misgreeting " the brethren or neglecting to pay the dues, provisions for assistance in misfortune, and the formation of a fire insurance fund, are among the features. The Thane's guild at Cambridge con- tains the further principle that the society is respon- sible in case a member slay a man, unless the act be committed "with folly and deceit," in which case the culprit alone is answerable. On the other hand the murderer of a guild-brother must pay the society eight pounds, in default of which the whole guild- ship takes vengeance into its hands ; but if any associate kill a co-member, he must not only pay the wergild to the victim's family, but also suffer a heavy fine or be expelled from the association. The influence of the religious idea is manifest in the pre- ambles, all of which state that the union was founded, or held its assemblies, for the love of God and their soul's need, both as regards the present and the future life. The principle of mutual responsibility again is seen in the words "Let all bear it if one misdo, let all bear alike." In addition to these unions we meet with traces of slightly different societies in which the idea of pro- tection comes to the foreground the so-called frith 'Printed in Thorpe, Dip. Ang., 605-617; Hickes, 21; Kemble, Cod. Dipl. t No. 492. Translated in Kemble, Saxon*, 1-611; Eden, 1-591. Cf. Turner, 111-98; Thierry. App. ; Stubbs, ffi*t., 1-412; Hart wig, 136. They date from the eleventh century. 393] INTRODUCTION. 13 guilds. They are first mentioned in the laws of Ine, or at least the word yeyilda is used both here and in the laws of Alfred. 1 Provision is made for the liability of members in case a thief be slain, and for the division of the wcrgild among the relatives and guildsmen : if the member slay a man and have no paternal relatives, his maternal relatives and guild- brothers share the penalty with him, or if there be no relatives he pays one-half, the guild-brethren one- half. On the other hand the guild receives half the wergild if the murdered man be a member, the other half going to the king if there be no surviving rela- tives. Nothing further is told us of these guilds, but the provisions often recur in the later ordinances as long as mutual defense remained one of the objects, and thus afford a strong presumption of their being true guilds.* A few decades later we find under j3thelstaii the statutes of a fully developed frith-guild in the Judi- 1 Ine 16, 21, 23, Alfred 27, 28 in Thorpe, A nt. Lawn, 1-113-117, 78-81. Ch. 21 refers to the " far coming man, or stranger," but ch. 16 is in general terms. Waitz, 1-464; Brentano, Ixxiv. ; Stubbs, J7w/., I-S9, hence err in restricting these guilds to strangers. Thorpe, Glo&ary, asserts that the Gebeorscipes were guilds, but incorrectly, for the word simply means a feast, and in Ine 6, Thorpe himself so translates it. Cf. fsges Henrici Frimi, c. 87 g 9, 10; Sohmid, Ge*ctie, 587. As to the contiria of Tacitus see Waitz, 1-90. 2 The exact meaning of Gegildan is still disputed. Kemble, SOJF., 1-239,260; Hartwig, 1-151; Schmid, 588, translate it "those who mutually pay for one another," but do not explain it; Wilda, Strafr., 389, "a wider family union;" Maurer, Krit. Uebertchau, 1-92. "travel- ling companions;" Marqnardsen, 29, "robber-bands;" Stubbs, ////., 1-89, " associated of strangers," but he doubts his own conclusions, 1-414. Phillipps, 99, 104 says they are the later frankpledge. Waitz 1-462 reviews the subject and defends the view adopted in the text. Cf. Palgrave, 1-196; Gierke, 1-224; Cox, 135; Salvioni, 9; and general discussion in Gross, 91. 14 INTRODUCTION. [394 da Civitatis Londonice. 1 This was no union of smaller guilds, as has been asserted, but a combina- tion of associations of one hundred men, subdivided into smaller groups of ten, subject to common rules, but otherwise independent of each other. The duties consisted in mutual protection of property and the pursuit of thieves, for whose destruction a reward was offered. The members each gave a shilling to defray the expenses of the search, and were pledged to go to the adjacent riding in pursuit, while com- pensation was made for losses or injuries incurred. Mutual assistance, masses and fine bread for the souls of the dead, and charity were commanded. But, curiously enough, only the eleven (the heads of the smaller groups) and the hyndenmen* and not all the members, enjoyed the repast, although all assembled to discuss the guild concerns. All the members were declared to be in one friendship as in one foeship.* Some have thought that we have not to deal with any voluntary union here, because the preamble states that the statutes were ordained by the bishops and reeves of London, and confirmed by the pledges of the frith-gegildas or guild-brethren. But this only proves that the guild was expressly authorized by the governmental officers, probably because of their inability to execute the laws and provide a suf - 'Printed in Thorpe, Anc. Law*, 1-229, 11-496; Wilkins, 65. Translated in Kemble, Sax., 11-521, and partly in Stnbbs, Char- ter, 6. 3 The head of the 100. The contrary opinion of Thorpe, Glouary, is disproved by Kemble, 1-243; Waitz, 1-466; Marquardsen, 39. As to the eleven, see Kemble, 1-242, note 2. 3 "Swa on dnum freondscype, swa on num feondscipe." Jutlida Civ. ch. 7. 395] INTRODUCTION. 15 ficient police. Similar provisions appear in all the later guilds in GO far as the semi-religious and chari- table regulations are concerned. We are thus war- ranted in declaring it a true guild, but one in which the object was primarily to preserve the peace rather than to promote good fellowship and cultivate tht? fraternal sentiment. 1 Traces of other guilds are also found. One is said to have existed in Winchester in 8r>6, and although nothing is told about its nature, it was probably the same as the Cnighten-guild mentioned in Domesday.* We hear of several other Cnighten-guilds at Can- terbury, London, and Nottingham.' What these Cnighten or Knights were is not certain. The word originally denoted a servant, and although sometimes employed in the sense of child or young man it frequently occurs in the sense of a subordinate mem- ber of a nobleman's retinue. It is apparently used in this sense in the guild statutes of Exeter and Cambridge, where the cnight contributes less honey than the full member, and where his lord is respon- sible if he draw a weapon or wound another. Their rank and importance, however, increased until at the Conquest they became the equals of the thanes Cf. Palgrave, 1-633; Norton, 24; Thorpe, Dip. Ang. t xvii; Wai- ford, 11-283 ; Gross, 13 ; Green, Conquest, 422. Milner, 1-92 ; Donutday, IY-531, fol. 1, 3 : " Chenictehalla ubi chenictes potabant gildara suam." 3 " Ego JSthelstan and ingan burhwara, ego .Ethel helm and cniahta gealdan." Kemble, Cod. Dip., No. 293, attesting a charter in Can- terbury. For Nottingham, Domesday 1-280, Dooms Equitum house of the Knights. Cf. Freeman IV-199, Green, Conqwt, 442; Dncange s. Y. A Gihalla also ocean in Dover; Dortutday, 1-1. 16 INTRODUCTION. [396 or nobles. * The Anglische Knighten Guild of Lon- don was founded under Edgar, and a fabulous account of its origin is given, the king granting thirteen well-beloved knights what was afterwards known as the Portsoken ward on condition of their victoriously "accomplishing three combat es, one above ground, one under ground, and one in the water." In 1115 the Knytte-gilda conveyed its lands to the Trinity Priory and disappears from history.* In 956 three guilds are mentioned at Canterbury, one of these probably the Knighten-guild, the other per- haps the religious guild of Domesday, and the chap- manne guild of the time of Anselm.* Some have endeavored to connect the Cnighten-guild with the later guild-merchant, but this is negatived by the fact of their concurrent existence at Nottingham. 4 It is of course true that membership in the one did 'For the various meanings see Ine, ch. 2; Thorpe, Index; Kemble, Cod. Dip., VI-155 : Charter* of Oswald 557 ; Oswald 622 ; Aelflaed 685 ; Wulfaru 694 ; .Ethelstan 722 ; Eadsige 1336. Turner, III-373 ; Schmid, 528 ; Anglo-&iton Chronicle, 1087; Kemble, Anglo-&noi>*, 1-513, 514 ; 11-335. Cf. Gross, 21. * Stowe, 85 ; Madox, Firma Burgi, 23 ; Herbert, 1-5. *Somner, 1-178, speaks of a charter mentioning the three "gefer- scipas innan bnrhwara, utan burhwara, miccle gemittan." Printed in Thorpe, ZWpJ., 303; Kemble, Cod., IV-267. The London frith - guild is also called geferscipe, Judic. Cit. Lend., c. 1 1. Domesday I. f. 3. speaks of "mansuras quas tenent clerici in gildam suam." of. Mer. and Steph. 76 for another explanation, rather far-fetched. The chapmanne guild is mentioned in Somner, 1-179; cf. Stubbs, 1-4 Hi. 4 Domesday, 1-280. Domus mercatorum and domus equitum or hall of the Knights. So hanshus is often used for guildhall. Stubbs, Charter*, 109. Wilda, 249, and Gross, 24, have attempted this con- nection. 397] INTRODUCTION. 17 not preclude membership in the other, 1 and it is even probable that the knights occasionally displayed an interest in trade. But this by no means proves that the Knigh ten-guilds were the precursors of the mer- chant-guilds. In all probability the Knighten-guilds were mere associations formed among the younger nobles with the same aims as the other social fra- ternities. The formation of the guilds was no doubt fostered by the necessities of social existence for the family bond, of transcendent importance in early Teutonic life, began to decay with the advance of civilization. Traces still remain in the Anglo-Saxon law the " maegth " still contribute the wergeld, support the family of the deceased and act as compurgators for each other. 2 But the relations are soon disrupted, and the continued impotence of the government, together with the incursions of the Danes, imperilled the isolated existence of the freemen and doubtless transmitted a huge impulse to the development of the voluntary unions. We must not, however, sup- pose that the guilds had their origin in the family. The family theory cannot explain the predominance of the religious and charitable features, and becomes absurd when applied to the ecclesiastical guilds. One might as well derive all modern institutions from the family, for, of course, if the family bond had continued to subsist, the present arrangements would be unnecessary. The dissolution of the bond 1 At Canterbury we read of " cnihtan on Cantwareberig of cep- manne gilde." Somner, 179 .Even here cniht seems to mean sim- ply a member. 'Ine, 73-76; Hlothhaere and Ead., 6 ; Lent* of ike Northumbrian Pried*, 51 ; in Thorpe, AM. Lw*. 2 18 INTRODUCTION. [398 of kinsmen furthered, but certainly did not produce the early guilds. The guilds, moreover, did not have , j their birthplace in England, as has been confidently / asserted. 1 Sworn unions are mentioned as a wide- spread institution in the capitulary of 779, and in fact the Council at Nantes speaks of the guilds already in 658, while the earliest unambiguous Eng- lish guilds date only from the eighth and ninth cen- turies. 2 They were probably introduced from the continent, where the religious unions and brother- hoods of priests were as common as in England, being continually rebuked by the synods for their extravagant feasts and occasional contraventions of ecclesiastical law. 3 The character of the early guilds is shown by the repeated allusions in the church councils, and there can be no doubt of the importance of the religious element. 4 A variety of causes thus contributed to the origin of European guilds, whose significant feature was a fraternal feeling of mutual interdependence and close affection. The idea of association was by no means novel, but it so happened that the disintegration of the 'tribal communities kept pace with the dissemina- tion of a higher morality through the church. To derive the guild from the family is fanciful and when applied to the ecclesiastical unions meaning- 'By Brentano, Ivii., who here as elsewhere follows Wilda, 244. * Cap. of 779 in Monum. Germ. Ui*t. I. Legum c. xvi, p. 37 ; the Council of Xante* in Labbe*, X-472. Some put it in the year 800. Hartwig, 158; Thierry, 412; Wilda, 63. 4 Of the members it is said : "in omni obsequio religionisconjun- gimtur, videlicet in oblatione, in luminaribus, oblationibus mutum, in exequiis defunctorum, in elecmosyni* ct ceteri* pietatiii ofticii*." Labbe\ VIII-572 399] INTRODUCTION. 19 less. The frith-guilds originated in the virile spirit of resistance to oppression, the social guilds in the feeling of conviviality and reciprocal aid, the reli- gious guilds in the desire to secure the blessings of a future life ; but the idea by which all were pene- - trated was the partial realization of the doctrine of \ universal brotherhood which the early church so zealously strove to diffuse. The guilds-merchant and craft-guilds, which alone will be discussed in the following chapters, were of a later date and had a radically different origin. 1 1 For an excellent account of the social guilds, see Lucy Smith's introduction to Ordinances. TUB GUILDS-MERCHANT. ORIGIN AND FUNCTION. Trade and commerce never attained a great de- velopment in early Britain, for the absence of legal protection and the few wants of a primitive commu- nity were hostile to any complicated system of exchange. Under the Romans the products of the tin mines and corn lands were much in demand. 1 But the slight prosperity then enjoyed by the native states soon ceased at the time of the Saxon invasions, when the artificial trammels of legislation added to the natural checks of violence and disorder effectu- ally hampered all intercourse. No sales could be made without witnesses, under penalty of forfeiture, owing partly to the lack of general weights and measures, partly to the danger of buying stolen goods, which made strict formalities necesspry. 2 The vocation of the chapmen or traders wa* attended with difficulties, and the foreign merchant is rarely mentioned. 3 So undeveloped was the connection with the mainland that the government promoted all merchants, suc- cessful in three voyages, to the nobility. 4 But Saxon 1 Elton, 35, 38, 305. ' .Kt helstan, c. 10, Hloth and Kadric; c. 16, in Thorpe, 1-35, 205. 1 Masse re, who crossed the seas, opposed to Ciepemon, or inland trader. For the latter, see Thorpe, 1-33, 83, 119. The word survived in Chepy ng-gyld and Cheapside ; Green, Cong ^ 438. 'Ranks, 6; Ethelred, 11-2; in Thorpe, Anc. La*i, 1-193. 285. 22 Medieval Guilds of England. [402 England was essentially agricultural, and even in London no merchant guild existed. At the time of the Conquest, however, an improvement set in. Good roads, well-built bridges, and freedom from outlaws, succeeded the dangerous highways and former insecurity. The Danes transmitted a great impulse to the growth of the seaport towns, and the Normans kept up an active intercourse with their continental kinsfolk. The growing importance of the lithsmen or shippers is shown by their cooperat- ing with the thanes and witan in electing Harold as king. 1 About this time, then, the guilds-merchant began. The first mention occurs in Domesday, as we have seen, both knighten-guild and guild-merchant exist- ing at Nottingham. Lincoln is said to have possessed one during the Danish supremacy, and the Ceap- manne guild at Canterbury exchanged lands, as we saw, toward the close of the eleventh century. 2 Soon the guilds occur in the town charters, and before long there was scarcely an important borough in the kingdom without its guild merchant. 1 A remarkable exception, however, appears to have been London, although it possessed the usual privileges accorded to traders. 4 1 Anglo-Saxon Chronicle, 11-129. 2 Green, Conq. t 432 ; Somner, 1-179. 3 Gross, 37 gives a list of over ninety towns, which does not pre- tend to be complete. 4 Wilda, 248, and Brentano, err here. Stubbs 1-405, 418, 419, ex- presses himself doubtfully; but the term is never used in the Lon- don charters. Norton, 34 : "There is no trace of London ever hav- ing been a general mercantile guild." The " fraternite and glide merchant " in Rot. part. 11-279, was a simple craft guild of grocers 403] Medieval Guilds of England. 23 The origin and character of the association have \ been so strangely misconceived 1 that it will be desir- | [ able to present examples from the early charters. ; The application for the privilege of forming the guild 2 was made to the monarch, whose consent was imperatively necessary, even though the great manor, fords sometimes undertook to grant the privilege to the_towns in their domains. 8 We find the grant almost exclusively in the town charters to the effect that the burgesses should have their guild-merchant with its usual customs and privileges, or that they should have all their reasonable guilds like those of a neighboring town, or even simply that they should have their Hanshus or guild-hall. 4 The documents themselves jire so explicit as to the advantages and object of the union that it is remarkable how any serious misconception could have arisen. In almost 'Especially by Brcntano. Gross was the first to clear up the con- fusions*. 2 Known as gilda mercatoria; gilda mcrcatorum, Milner 11-300; gilda mercaria. Rot. Chart, 40; gilda mercanda, Reg. )F. Malmetb. II, 393; "si estraunge on ascun autre que ne soil de la glide ni de la Franchise." South. Ord. $ 14. 2 At Ipswich, Mer. and St. 520; Totnes, Com. Hut. Mu. III-&2; Shrewsbury, Owen and Blake., 1-104. *Cf. the regrateresses, bakeresses, breweresses. See 37 Ed. Ill c.6. *HUt. Doc. 82-88, 136; Com. Hut. Mast. III-342. 'Blomefield, 111-57; Rot. Hundred. 1-157, 27. 'So the convent at Coventry, Merew. and St., 469; at Bodinin, Brady, 96. 419] Mediaeval Guilds of England. 39 all the townsfolk, but on the other hand it was decided that the guild-merchant should have a "good, lawful and fit" man as alderman, chosen by the common council of the town, and four good and lawful men as associates, to maintain the guild and " all things pertaining to the guild." The town ordinances were directed to be enrolled and transmitted to certain officials for safe-keeping, but the statutes of the guild-merchant were put into a " certain other roll," as was declared to be the custom in all other cities and boroughs in which a guild-merchant existed, and were entrusted to the alderman of the guild in order that he might never be at a loss to know how his office should be conducted. 1 This proceeding clearly shows that the two bodies had separate officers, separate aims, and a sepa- rate organization. The town is subject to one set of officials, the guild to another: the ordinances of the town are put into a Domesday book, the regu- lations of the guild into a distinct and separate roll. But the document at the same time proves that the i guild was something more than a mere private society of traders, for the institution of the guild is discussed by the whole commonalty, and the chief officer is elected by the common council of the town. And so it was elsewhere. The bailiffs and " good men " of Southampton are elected by the whole people and distinguished from the alder- man, four skevins, usher and seneschal, the officers *Rot. Chart. 65; Merew. and St., 393-401; Woddenpoon, 77. The Dometday is reprinted in Hon. Jurid. Vol. II. Gross, 42, mentions a translation in the British Museum. 40 Mtdicwal Guilds of England. [420 of the guild. 1 At Berwick the aldermen and dean of the guild are mentioned side by side with the town mayor and provosts,* and thus in like manner in all other towns where the guild officers occur. Townsmen and guildsmen are continually distin- guished, and in an agreement at Leicester fines " which touch the community of the town and not the community of the guild," are mentioned.* Finally, the grant of a guild-merchant was not the creation of a borough. 4 We should otherwise expect to find every borough provided with a guild, and this was certainly not the case. But we have positive proofs. In the extracts from the charters given on a previous page, we almost invariably find that the burgesses are granted a guild-mer- chant in addition to other usual privileges, the guild forming clearly only one of a large number of rights, and not being the foundation of them all.* The principal privileges of a borough were an inde- pendent jurisdiction, 6 the right of self-government and the immunity from all separate taxes, in lieu of which a gross sum the farm or firma burgi was paid yearly. But the guild, or monopoly and freedom of trade, was not necessarily granted, and *8outh. Ord. 1, 44, 32. 54. Cf. Harland, 1-193. 2 5, 14, 33, 34. Ord., 339. \Gent. Mag. vol. 35-599; Thompson, 129 (whose inferences are therefore erroneous). As to Norwich, Blomefield, 11-37. 4 As Brady and Brentano say. *Rot. Chart. 40, 65, 39, 93, 212, etc. Foedcra 1-40; Lib. Curt. 671, etc. Sac and Soc.; cf. Leg* Ed. Confe**>ri* t 22 in Thorpe, 1-451. Also Gneist, Self-gov. 583; Brady, 40; Madox, F. B. t 18, and Exeh. 226; Stubbs, Hist. 410. "Libertas burgi quod non implacitentur burgen- ses extra Burgum," Abbrev. Plat. 186, 351. 421] Jfediceval Guilds of England. 41 in many cases it was conferred at a late date. Thus at Carlisle the town liberties were granted at one period, but the guild-merchant was initiated subsequently by an entirely different charter, and the guild could hence not be the foundation of the municipality. 1 In addition to these cases, it would not be difficult to find instances where there were boroughs but no guilds, 2 and others where there were guilds but no boroughs, as in some of the market towns and convents which were certainly not boroughs. This fundamental distinction between guild and town applied equally well to Scotland from whose towns some of the above illustrations have been taken, and where the development was in many respects essentially similar. They are mentioned here again only because the case of Berwick-on-Tweed has been triumphantly used as a convincing proof of the identity between guild and town. 3 Here, it is true, one general guild was formed by the consolida- tion of all previously existing minor societies, but it was neither a frith-guild nor the outgrowth of any frith-guild which originally coincided with the whole body of citizens. 4 On the contrary, it was a guild- *Placita de q. W. 121. 2 As at London and the Cinque Ports. 3 Esp. by Brentano. Cf. the articles in Houard, 11-467; Wilda 376; Regiam Majett. 141; Ord. 338; Act* of Part, of Scotland 1-89. 4 14 to which Brent, refers contains no trace of a frith-guild, nor the least mention of citizens: "Statuimus quod quotiescumque A Idermannus, Ferthingmanni, Decanns, voluerint congregare con- fratres gildae ad negotia gildae tractanda, omnes fratres gildae veniant audito classico super forisfactum XII denariornm." Guild- brother alone is mentioned. Brentano's assertion to the contrary is incomprehensible. 12, 13, 31, 32 are the ordinary provisions of a social nature. Cf. Gross, Beilage D. 42 Medieval Guilds of England. [422 merchant, and plainly distinct from the town. The town is governed by the mayor, provosts and twenty- four good men elected by the whole commonality, the guild by the aldermen and dean. Certain fines go to the town, others to the guild ; citizen and guild-brother are continually kept apart, and in one section even opposed to each other. 1 The guild was formed for purposes of trade, almost all the provi- sions in which the union is mentioned referring to commerce and market laws. And although most of the burgesses would be members it was not necessa- rily so. Women, moreover, were also admitted, and could, of course, not be burgesses. 2 The statutes simply show that one guild in the town had, as a result of rivalries with the other less important unions, absorbed them all, whether craft or social guilds. 3 The consolidation was certainly the result of a violent usurpation and in so far presents no analogy with any English town ; 4 but even at Ber- wick citizen and guild-brother were distinct catego- ries, the guild did not govern the town, nor was it tantamount to the civic administration. The divergence between guild and municipality must, however, not be exaggerated. In the smaller towns where almost every one may have been inclu- ded under the generic term of merchant, the guild' very probably comprised nearly all the burgesses, or at all events all the important burgesses; and where the number of foreigners was insignificant, ' 5, 6, 12, 14, 35 and 33, 34 ; 2 ; 46. '"Exceptis filiis et filiabus gildae" 8. 1, 32. Cf. Gross, 100. *The Judicia Civitatis Lend., as we saw, was neither merchant- guild nor a union of previous lesser guilds. 423] Mediaval GniMs of Entjlarul. 43 burgesses and guild-brethren may in truth have been the same individuals. In some such cases the guild-hall, as the most important building in the place, was gradually put at the disposition of the community and served as the town-hall. But this was not confined to the guilds-merchant, for in the case of Birmingham we possess explicit accounts of the founding of a social guild by the whole common- alty, whose place of assembly was used as the town- hall, even after its abolition by Ed. VI. 1 The case was probably analagous in other localities. In the towns which belonged to the demesnes of prelates where the episcopal jurisdiction was often retained up to the reformation, as well as in the manorial franchises of the secular lords where the independent court leet was unknown, the guild-merchant was one of the foremost privileges of the burghers and frequently became the upholder of liberty against the arbitrary exactions of the feudal superior. This was especially true of Reading, Beverly and Malmes- bury. 2 But on the other hand guild and town were in general different conceptions, and sometimes even opposed to each other, in one instance to such an extent that the guild was ultimately abolished as prejudicial to the interests of the citizens. 1 "The town-hall alias diet le guilde-halL" Cf. g. of the Holy Cross. Ord. 239-250. 'Coates, 4PMENT. The origin of the English craft-guilds has never been adequately investigated. Some have regarded them as institutional developments from the Roman artisan colleges. During Britain's subjection to Rome, it is true that the colony was not without a certain degree of industrial activity. In Winchester alone the woollen cloths which supplied the greater portion of the Roman army are reported to have been woven. 1 Artisan colleges were accordingly not lacking. In Bath we hear of a Collegium fabricen- sium or college of smiths,* in Chichester of a col- legium fabrorum or society of carpenters, and in Scotland the inscriptions at Carey castle speak of similar associations. 3 But these artisan colleges cannot be looked upon as the direct prototypes of the craft-guilds. The Roman colleges, far from being associations of free craftsmen united for individual or collective welfare, were hereditary caste-like organizations imposed by the government upon the laborers, and forming a branch of the state adminis- tration, entirely different in object, influence and *Brit. Archaol. Auoc. V-261. 2 Coote, Ord., 22 ; Pearson, 1-45. 3 Wright, 360 ; Thompson, 6. 431] Af<oral Guilds of England. 51 constitution from the craft-guilds. 1 But even were it otherwise, there is little probability of their con- tinuous existence through the era of Saxon anarchy to the Norman times. All the craft-guilds that we know may be said to have had an absolutely inde- pendent origin. Even on the continent the theory of a Roman origin has been abandoned. - Another view connects the craft-guilds with the bond handicraftsmen. But this, although possibly true of isolated cases on the continent, has no appli- cation at all to England, notwithstanding the fact of the similarity in the manorial system throughout Europe. The old idea that the feudal system was introduced by William is now thoroughly exploded, and we know that for several centuries before the conquest the same factors were at work as on the continent. The whole land was divided into the immense possessions of nobles and bishops, while the laborers of all kinds were chiefly in a dependent position. For a long period after the conquest, when a single earl possessed seven hundred and ninety- three large estates, and the whole county of Norfolk had only sixty-six proprietors, 3 the economic state of the manors remained very much as in the Saxon epoch. 4 The tenants, like those of the manses seigneuriales of France, or in the FrohnJtfifen of 'Rodbertus, Hildebrand Jahrb., VIII-418; CW Theod. XIII, XIV contains many references. Cf. Brown, State Control of Indus- try in the Fourth Century. Political Science Quarterly, vol. II, 496-O13. 'Stieda, 3; Maurer, 11-321; LevasHcur, 1-105, 193; Hegel, 11-265 ; Schmoller, 378. 'Ellis, 72; Eden, &4. 4 Rogers, Work and Wage*, 38; Stabbs, tftrf., 1-273; Freeman, V-462. 62 Medicinal Guildt of England. [432 Germany, were composed of a multiplicity of ranks. Even though the whole life bore the imprint of an agricultural community, artisans of all kinds are not rarely mentioned. In the enumeration of the ranks and their respective duties in the Saxon laws the agricultural element greatly predominates, but we are expressly told that the . villein's (geneat) duties are of a complex character. 1 And it is well known that the artisans of the manor lords were recruited from this class as well as from the bondmen (theoiv).- At the time of the compilation of Domesday a large proportion of the tenants was still composed of freemen and socmen, or species of privileged villein with fixed services and an interest equal to freehold. The boors (bordarii) and cottagers (cottarii or coter- elli) were personally free, although compelled to work several days for their landlord, and to supply his table with dairy products. The villeins (nativi) again, termed regardant or in gross as they were jannexed to the land or to the person of the lord, gradually formed one class with the pure bondmen (servi).* From these classes, which insensibly grew into the copyholders of later times, the handicrafts- men were chosen. The wants of opulent proprie- tors engendered a multiplicity of workmen who fre- quently appear in the manor-rolls and abbey regis- ters of the period. The officials of the royal house- hold are already mentioned in the very earliest J Rectitudines singularum personarum. Thorpe, Early Law*, 1-432. 'Kernble, Cod. Dipt., 925 ; Dialogue of /Elf ric in Thorpe, Anakcta-, Kemble, Anglo-8. 1-185. 3 Ellis, Introd. Other classes, like the Rachintstrts and Colibtrti, midway between the free and servile, occur in Domesday. 433] Medieval Guilds of England. 53 Anglo-Saxon laws. 1 At the abbeys of Peterborough and Worcester there are long lists of workmen, from bakers and brewers to fine leather workers and weavers.* " Eighty less five bakers, brewers, seam- sters, fullers, shoemakers, tailors, cooks, porters and servingmen " minister to the abbot and brethren at Bury St. Edmunds.* No manor is without its famuli and operarii. 4 In some instances the work- men are so numerous that special officials are dele- gated to supervise them. From this it may be inferred that the more extensive estates were not without their workshops as on the continent. 5 In the villages also, most of which were originally included in the domain of a manorial lord, smiths carpenters, millers, goldsmiths, dyers and the like are continually recurring, 6 and the large lead, iron and salt works must have given employment to a numerous body of workmen. 7 But, while we meet with these references to the dependent artisans in the landed estates, there is no evidence of any combination of men of the same craft into unions. In the towns, moreover, which 1 vEthelbirht, c. 7 " kyninges ambiht smith " or Praefectu* fabro- rum. Thorpe, Early Law*, I-o. *Regi*r. Wigorn. 122 et seq. Liber Niger in Ckron. Petroburg, App. 167, etc. *Chron. Jocelini, 148. 4 Cf. as to the serviens and operarius Bracton, II, c. 8 2; Fleta, II c.71. *"Magister super operarios" and "magister serviens/' in Ed- mundsbory and Worcester. Ckron. Joe. 7; R*gi*. Wigom. 119 b. Fabri, carpentarii, aurifabri, tinctores, etc., in Domudai 58* , 74, 187, 219* , 273, 298 ; Bolden, Bute, 568, 582. 'Plnmbarii, bloma ferri, and salinae. Dometday, 80, 91* , 104, 272, 27*, Begitl. Wigorm., 32- . 54 Medieval Guilds of England. [434 were chartered in the reigns immediately succeeding the conquest, there was no longer any room for bond-handicraftsmen. Residence of a year and a day liberated all villeins, and this, in fact, was the cause of collision between the landlords and the burghers. The very object and nature of the craft- guilds precluded the possibility of their formation among the bondsmen. The privilege of union was granted only to the free inhabitants of the chartered towns, while we have numerous examples of artifi- cers being compelled to abandon the craft on dis- tcoyery of their villeinage. 1 What then was the origin of the craft-guilds? The commonly accepted view is that of Brentano, as a development of Wilda's theory. According to him just as the original guilds were founded to replace the family, so the guilds merchant, which he identi- fies with full citizens' guilds, grew out of the peace clubs in the burghers' struggles against the lords, r &nd in like manner the craft-guilds were formed by \the expulsion of petty artisans from the town-guilds. 'The craftsmen, imbued with the old idea of the family and actuated by brotherly love, formed their unions for self -protection against the patricians, and the trade regulations were only adopted subsequently as a supplementary measure. After a few centuries of continual strife, the artisans finally succeeded in wresting all political power from the old-burgher 1 Memorials of London, 59 where three butchers are convicted of holding lands in villeinage of the Bishop of London in 1305. Bren- tano's idea of the existence of companies of bondmen in towns (Introd. Iz.) is erroneous. Stubbs' note does not show that the bondmen were craftsmen. 435] Medieval Guilds of England. 55 guilds, and thenceforth oppressed them with the same harshness as they themselves had previously been treated. 1 Unfortunately these several positions are in great part erroneous. We have seen that the family theory is inexact, that the guild-merchant had no connec- tion with any protective union, and that it was no old-burghers' guild, nor synonymous with the urban constitution. So also there is no proof of any political oppression of the craftsmen by the guild-merchant, nor was there any general conflict between patrician burgesses and plebeian artisans, resulting in a com- plete victory of the crafts, and giving them an inde- pendent jurisdiction. In short, it would be diffi- cult to present a more exaggerated description of the mediaeval craft-guilds and their position in English economic life. And first as to the birth of the crafts through an alleged exclusion from the "great guild.'" The earliest charters date from a short period subsequent to the conquest- During the reign of Henry I. the union of weavers existed in London, and the cord- wainers and weavers of Oxford as well as those of Huntingdon pay for the privilege of having a guild. 2 The weavers and fullers of Lincoln enjoy similar immunities. 3 In the time of Henry II. the guilds in Nottingham and York are mentioned, 4 while the ordinances of those in London, Winchester, Beverly, 'Introduction Chap. 4. -Magnum Rat. Pipce 31 Hen. I. 2, 5 48, 109, 144. Ibid. Hen. II. 37, 150. The telaxii and corvesari i are mentioned. Mttrtt. Plteit. 65. *J/agn*m Rot. 2 Hen. II. 39. 153. 56 yfedicfval Guilds of England. [436 Oxford and Marl bo rough are still preserved. 1 Dur- ing the same period the bakers and weavers of Lon- don were declared remiss in their payments to the king, 8 and the goldsmiths, butchers and pepperere were among the fifteen guilds amerced as adulterine or set up without royal license. 3 The saddlers, also, are mentioned as a guild of long standing in the metropolis in a compact of the twelfth century. 4 * These examples afford abundant evidence of the widespread development of the crafts under the early Norman monarchs, and show that in England as on the continent their inception must be ascribed to the beginning of the twelfth century. This period of ?apid progress in industry, as well as the subsequent reigns of John and Henry III., witnessed, as we have seen, the free bestowal of charters to the towns, and of grants to the guilds-merchant. The burgesses were often vouchsafed the privilege^oflforming "merchant and other guilds," or, as was frequently id, "all reasonable guilds," which clearly included the crafts. 5 The craft-guilds were thus often created synchronously with the guilds-merchant ; in some towns they existed before the guilds-merchant,' and in others there were crafts but no guilds-merchant Lex teluriorum et fulioram. Liber CW., 130-131 ; Liber Niger of Winchester f. 22, 31, 32 ; Archaol. Journal IX-G9. 'Bolengarii et telarii. Magnum Rot. 4 Hen. II 112, 114. 3 Aurifabri, bocherii, and piperarii in 26 Hen. II. Madox, Exeh.. 390 ; Maitland, 1-52 ; Magnum Rot. Pip. 1 Rich. 11-226. 4 Madox, Firma Burgi, 27. of Bristol, 53 ; Mereweth. and Steph., 360. '80 at Oxford and Lincoln where the guilds-merchant were formed in the time of Hen. II., while some of the craft-guilds are found under Hen. I. Lib. Cnt. t 671; Foedera, 1-40. 4371 ^fedi(Kval Guilds of England. 57 at all. 1 The improbability of the statement that the expulsion of the artisans from the old-burghers' guilds gave rise to the craft-guilds thus becomes apparent especially as there appears never to have been any such expulsion, or any such combination of old-burgher and merchant guild. The relation of these two institutions, although very obscure and never yet thoroughly investigated, seems to have been very different from that which most authors have imagined. 2 The strong pres- sure of royal authority in England, and the equal subjection of all to the city jurisdiction, would have rendered all general conflict between the guilds very difficult far more difficult than was the case on the continent. Moreover, their interests in the_ main were harmonious. For the guild-merchant would in most cases be composed of the majority of the inhabitants, and it was of the utmost import- ance for the artisans, who kept little shops and sold 1 the product of their own industry, to enjoy the immunities which formed the characteristics of the merchant-guild.* We accordingly find, in the only I full list of members that has come to our notice, a/ large number of handicraftsmen, notwithstanding! the fact that they were again enrolled in unions 09 their own. 4 'So at London and the Cinque Ports. *Merewether and St., as well as Rogers, Work and Waget, continu- ally confound them. 3 In London the glovers keep shop, and bay and sell. Mentor. 245. Cf. the craftsmen's booths for the sale of goods in Winchester. Ord. 355. Arctool. Jinn-no* IX-69 et seq. 4 In 1226 a ropere, sellator, letherkeranere, tinctor, miles, loke- smith, tailor, career, tumor, palleter, oxbernere, pictor, faber, fus- terc, cercler, cordoaner, limberner, etc., occur in the gille-merca- tura of Dublin. Hut. Doe. I, 82-88. 68 MedicKTdl Guild* of England. [438 J This simultaneous membership in different unions // was hot at all uncommon. The social guilds were often in part composed of craftsmen, and the mem- bers of a craft guild not infrequently formed a smaller union of a social or even religious character, or, as it is said, a " particular brotherhood or guyle within their gene rail corporacion." 1 The merchant adventurers later on recruited their numbers from the crafts, and it was possible for the same person to belong to both guild-merchant and social frater- nity. 2 If Brentano's view were correct, that all the guilds were at bottom protective unions, such com- mingling of membership would be absurd, because superfluous. On the other hand, there seems to have been an exception in the case of the weavers in vari- ous towns, like London, Beverly, Marl borough, Ox- ford, Winchester and Lincoln. 3 There the weavers undeniably occupied a subordinate position at first. The reason of this is not clear. Some ascribe it to their conjectured foreign origin. 4 But the objection to this explanation is that the foreign immigration of weavers did not begin until the time of Edward 1 So at Norwich, Ord. 453 ; York, Ibid. 141 and Drake, App. xxviii ; also Norfolk Archaol. VII-108 ; Herbert 11-440. -Mackenzie, 11-607 ; Schanz, 11-340; cf. the merchant in Ord. 458. 'See for Lincoln Abbree. Plac. 65 ; Winchester's operarii burcllo- rum et chalonum in Arch. Journal VI 1-374. For the others see Liber Cmt. 130-131. 4 So Riley, Introd. to Lib. Cut. lx-1 and Ofhenchowt&i 60, note 2. The Flemings, introduced by Hen. I., settled near Wales and did not go to these towns. Ashley, Early Hittory of the English Woollen Industry, 21 et seq. does not attempt any explanation, bat thinks that the weavers formed no exception to the general rule. But see next note. 439] Medieval Guilds of England. 59 III. It is possible, therefore, that in exceptional cases like these the craft-guilds were at the outset regarded with disfavor by the guild-merchant. Strong corroboration of the fact that the weavers and fullers were in this respect different from the other crafts, is afforded by the charter of Alexander II. to Aberdeen, where the king grants that the bur- gesses should have their merchant-guild, weavers and fullers alone excepted. 1 And in other Scotch towns the weavers and waulkers were long kept out- side the-guildry of later centuries. It must be con- fessed, nevertheless, that the connection is obscure. In the main, however, the guild-merchant and the craft-guild were in one sense coordinate bodies, and at the same time bore the relation of the greater including the less, although many members of both societies were the same individuals. The regulations of a police nature, generally left to the city author* ities, were occasionally delegated to the guild-merl chant, which thereby obtained a limited super-^ vision over the crafts. At Southampton the statutes of the guild-merchant contain a number of provisions relative to the crafts. 2 At High Wy- combe, in the fourteenth century, the guild-merchant still exacts "stallage" from the weavers. 3 At Beverly the officers of the companies were appointed yearly by the guild-merchant, 4 which there, as in the other episcopal towns, exercised many important func- 1 Warden, Burgh Law*, 90. *Arrh*ol. Journal, XVI-283, esp. the later ordinances. 'Com. Hiil. Mu. 1876, 566. * Allen, 11-122 ; Scaum, 163, etc. 60 X&liaval Guilds of England. [440 tions. Traces of a former partial subordination of the craft to the merchant-guild in Worcester are still preserved in the time of Edward IV.; 1 the tailors at Leicester paid ten shillings to the merchant-guild for every new master, and the other trades were ^probably under the same obligations ; 2 while the confiscation of the weavers' cloths in Lincoln was in all likelihood the act of the guild-merchant. 3 But, as a rule, the ultimate power was lodged in the hands of the municipal authorities, and the subjec- tion of craft-guild to city was, as we shall see, prac- tically complete. The picture that has been drawn of the struggle between plebeian artisans and patrician burghers has likewise been much exaggerated. There are indeed a few isolated instances of friction where a particular fraternity endeavored to exercise unauthorized pow- ers and prosecute the trade utterly regardless of the urban authorities. But the rebellious attempts were quickly frustrated and do not possess the signifi- cance given them by the partisans of a pet theory. The guild of weavers in London is a case in point. As has just been shown, the weavers there and in some other towns, like Winchester, Marl- borough, Oxford and Beverly, at first enjoyed an humble position. No member could implead a citizen, or be admitted to the franchise unless he abjured the fraternity, hated by all burgesses on account of the favors shown by the various 1 Ordinances, 379, 9 et alii. 'Nicholls, vol. I. Stubbs, Hut. III-581; Cf. Thompson, ffiit., 84. 'The alderman (and provosts) took the goods because they were dyed and sold "contrary to law." The alderman, as head of the mer- chant-guild, would watch over all sales. Abbwriatio Plac. 65. 441] Medieval Guilds of England. 61 monarchs. 1 Their continual attempts to attain an independent position through encroachments on the city liberties finally became so unendurable that, after London was erected into a commune in 1191, the citizens applied to King John for their utter exclusion from the town. 2 This monarch granted the prayer, but with his accustomed avarice immedi- ately restored the weavers to their old position on payment of an increased fine. The conflict was renewed in succeeding reigns until determined under Edward I. by the complete subjugation of the guild, whose officers are ratified by the mayor. 3 We hence do not see any general struggle between the patri- cians of the guild-merchant and the plebeian artisans, but simply a contest of strength between the whole body of citizens (who did not form a guild-merchant) and a small collection of outsiders attempting to arrogate to themselves illegitimate powers. 4 There are a few other sporadic instances of attempted insubordination. The fullers and dyers of Lincoln under King John complained that the authorities had seized their goods and refused to give 1< Ne nul franke homme ne .puet estre atteint par teller ne par fuloan, ne il ne poent tesmoign porter," etc., Lib. Cn*t. 130. "E si nul de eux enrich eist si qil voille son mettier guerpir for* jure et tonz ustilz ostera de son ostiel. E si face taunt vers la cite qil soit en la fraunchise e de la custume de Londres, si come il dient." Ibid. 130, 131, Ixi. -'"Pro gilda telaria delenda ita ut de cetero non snscitetur." Liber Alb'i*, 134 66 ; Madox, Exch., 279. 'Ord. of 28 Ed. I. in Lib. Cn*l. 121, 126. For a later lawsuit, in 14 Ed. II., see Lib. Cu*. 416 ; Plae. de q. W. 465. Cf. Sot. Part., III-600, IV-50. 4 Cf. in general Madox, Finnn B. t 192, 284 ; Norton, 398; Herbert, 1-17; Stubbe, Hut. 1 1 1-572; Ochenchowski, 59. 62 Mediaeval Guilds of England. [442 them up. The alderman and provosts replied that the cloths were dyed and sold in derogation of the customs of the town and in face of a positive pro- hibition, and the court finally decided against the craftsmen, who were able to adduce no satisfactory proof of their unwarranted claims, the result not leaving much doubt as to the futility of opposition on the part of the guilds. 1 The final example is the struggle of the tailors with the corporation of Exeter under Edward IV. The guild, which had existed for a long period, assumed to make such disturbances as to cause the expulsion of its members from the town council and to arouse the enmity of the whole population. After several serious difficulties the city magistrates petitioned the king to quash the letters patent, in consequence of which the turbulent society was shown its proper place and its- powers strictly defined as subordinate to those of the urban adminis- tration. 2 Here again we do not see any general struggle between patricians and plebeians, but sim- ply a riotous society seeking to set itself above the general laws, and whose attempt results in ignomini- ous failure, thus showing the weakness of the guilds and the error of asserting their general victory over the towns. Notwithstanding all this Brentano attempts to prove their triumph by the charter of Ed. II. to Lon- don, which, according to him, prescribed that "no person should be admitted to the freedom of the city 1 Abbreviate Plac. 65. "Fullonibus similiter non licet (tingere et vemlere pannos) quia non habent legem vel communiam cum liber is civibus." *0rd. 299-330 esp. 311; Arch. Journ. XI-182; Izacke,89; Rot. Parl., V-290 ; Merew. and St., 896. 443] Merit aval Guilds of England. 63 unless he were a member of one of the trades or mysteries." But a mere glance at the document suffices to show that it contains no such provision. On the contrary, it says that no native or foreigner"^ " who practices any mystery or occupation " should be admitted without the consent of the officers of his craft, but if he were no craftsman the whole com- munity (and not the guild officers who would natur- ally have no interest in the matter) should pass uponi the question. 1 The applicants were divided into two classes, artisans and non-artisans, and with the latter the guilds had no concern at all. The significance of the charter is thus just the opposite of what has been asserted, the importance of the first clause, which can be understood only when the function of the craft is grasped, being economic and not political. In the year 1375 it is true that the elective franchise ' for mayor and council was put in the hands of some of the companies, but in the very next decade the right was restored to the original voters or free inhabj itants of the wards. 2 It is thus difficult to see how . indigena ---- de certo mistero vcl officio in libcrtatem civ. non admittatur nisi per manucaptionem sex hominuin....de mes- tero vel officio de qno ille erit....et eadem forma... .obser vet ur de alienigenis. . . .t si non sint de certo mistero, tune in libertatem. . . non admittentur sine assensu com muni tat is civitatis. Lib. CM**. 269-270. Brcntano takes the statement at third hand, but both Her- bert, 1-27, and Norton, 120, give it correctly. Stubbe, Hut. 1-419, unfortunately repeats Brentano's statement without verifying it. *LOxrAlbu* 41, 462; in 1384, confirmed in 1386. Even at the 7 height of their fortunes, in 1475, the guilds did not have the govern- ment entirely in their hands. The common council was still elected by the inhabitants at large, the aldermen likewise by the citizens of the wards, while the livery companies, which composed only a small part of the craft-guild*, possessed but a limited share (in con- junction with the representatives of the citizens at Urge) in electing _/. 64 Medieval Guilds of England. [444 this proved the " completion of their triumph. " The troubles which ensued at the election of Nicholas Brembre as mayor in 1386 were not owing to any general conflict between guilds and town, for a large number of the craft-guilds themselves petitioned the king against the usurpations of the grocers. The petitioners included the crafts of cordwainers, saddlers, mercers, spurriers, bladesmiths, painters, armorers, embroiderers and founders. 1 The guilds, indeed, comprised many of the important inhabitants, and the city officers were often chosen from their ranks, but this was true already at a very short period after their foundation. 2 The lamentations, therefore, over the poor oppressed plebeians are as misplaced as the account of their subsequent victory, I for the craft-guilds, on the contrary, were neither oppressed nor oppressors ; they were, in most in- ^ stances, composed of freemen on a par with the other ft citizens, and on the other hand never acquired any ^complete independence of the municipal adminis- tration. / 1 The early charters throw some light on the true origin of the craft-guilds. They all provide for the establishment of an association with the free customs the mayor and sheriffs. Cf. the various ordinances in Merer/, and St. 1986-2000. Stubbs, JR*t. t 111-76 thus seems to exaggerate in speaking of the " final victory of the guilds." In 1651 the election of all officers was restored to the free inhabitants of the wards, and it was not until 1721 that parliament, influenced no doubt by the erroneous conclusions of Brady's Treatise on Borough*, gave the franchise to the livery companies, a right which they still possess. tRoluliParl., III-225. 2 A mercer was mayor in 1214. Rep. Com. Lit. Cot. 12 ; a pepperer in 1231, Seymour and Merchant, 11-67 ; Cf. Lib. de ant. Legibut 175; CJironique*, 20, 39, 40, 69, etc. 445] Afedi&cal (rttilds of England. 65 of a collective personality entitled to possess property and regulate their internal management, but con- taining as a cardinal point the provision that no one should venture to carry on the trade either in the city or suburbs unless a member. 1 It amounted to what in the German guilds was known as the Zunft- zwang. This regulated monopoly of industry but monopoly in the good sense, for all citizens could obtain admission at first was the kernel of the institution, the condition sine qua non of exercising any supervision over the craftsmen. But the reason of such monopoly and of the formation of the crafts is illustrated by a later occurrence in London : Several potters complain to the mayor and aldermen that many persons buy pots of bad metal and put them on the fire to resemble pots that have been used and are of old brass, and then sell them to the deception of the public, for the moment they become exposed to a great heat " they come to nothing and melt.' ?s The mayor forbids outsiders from doing this, four men are chosen as wardens to guard against the recurrence of such deceits, and the organization is completed. The crafts could thus not be initiated without per- mission. 3 The towns often assumed the right of recognizing the formation of guilds, which was regarded as a perfectly legitimate exercise of muni- "'Quod null us nisi per illos (i. e. tclarios) se intromittat infra civi- tatoin de eo ministerio, et nisi nit in eorum pilda," etc. Lib. Cvtt. 33, 48. Cf. a later charter in Ord. 300; a charter of 1199 in Deering, 92 ; Mad <>x, Exch., 1-339 for other examples. *Memor. 118. In the Cordwainers* Guild, in the time of Henry III., the object is: "ad omnimodas falsitatesdeceptiones in poeterum evitandas." Lib. Mcmorandorum, 441. Notwithstanding the contrary opinion of Smith, Ord. 128, 130. 5 66 Medieval Guilds of England. [446 cipal powers. But this authorization was in general of no avail without an express charter from the monarch, just as in the case of the guild-merchant and social fraternities. 1 The ordinances of the craft- guilds were in strict conformity with the general legislation as well as with the customs of the city, and although the by-laws of the union often re- dounded to the advantage of the artificers, the avowed and ostensible object was the common weal and prosperity.* The regulations of the craft were subject to the periodical approval of the municipal officers, 8 and the guilds were formed and recognized as welcome auxiliaries to the organs for the enforce- ment of the market laws. Care, indeed, must be taken not to exaggerate the involuntary character of the unions, for the early rights of the craft-guilds were probably, in part at least, the growth of self- assertion. _But^ the laborers sought to unite, not because of any necessity of political protection, but in order to obtain certain economic advantages, to secure a provisional jurisdiction, and primarily to supervise the actions of the members and to prevent any one individual from gaining an unfair advantage over the other. Instead of being so imbued with the spirit of self -sacrifice and brotherly love, as the 1 Tear Book, 49 Ed. Ill, fol. 36 where the judges held that no guild could be initiated except by royal charter. 2 The ordinances of the brasiers, under Henry V., are accepted, because " consonant with reason and redounding to the public honor and to the advantage of the common weal." Memorials, 627. Cf . the masons, Mem. 280 ; the farriers, 290. 3 Cf. Memorial*, 120 (pepperere), 145 (armorers), 178 (tapicers), 281 (masons), 392 (farriers), etc. 1 Brentano, Ho wells and Wai worth po**im. 2 In the case of the London weavers some of their customs, recited in detail, were declared to be "ad singalare proficuum eorundem telariomm et commune dispendium populi." Lib. Cu*t., 421. 'The Latin names were mistcra, an*, artificium, facultas, officium, f raternitas, and gi Ma. Mystery is the French mettitr or metitr, and has no connection with "mysterious.'* Madox, F. B., 33. 447] Mediaval Guilds of England. 67 upholders of a rather sentimental theory assert, 1 the members were actuated chiefly by the thought of 1 their own pecuniary advantage.* But above all, the j ordinances were not so much the spontaneous work of the crafts themselves, as the outgrowth of a gen- ^ \ .eralmediseval policy, and can be understood only as J J subordinate factors in the municipal life. The crafts \ j / were favored by the towns because they were useful! allies in upholding the municipal regulations ; com-l monalty and guilds each sought their own interests, I but their endeavors were in the main practically] coincident and their relations generally harmonious./ This can be shown by setting forth their constitution / and true function. I ' 2. CONSTITUTION AND FUNCTION. The unions known by the names of mystery, fac- ulty, trade, fellowship, or (from the fact of possess- ing particular' costumes) livery company, 3 existed in large numbers throughout the realm, and were fre- quently divided into two or three categories. Thus in London the principal crafts were the twelve "sub- stantial companies" or "livery companies;" in York there were thirteen greater and fifteen lesser guilds; and in Newcastle we find twelve chief mysteries. I 68 Mediaeval Guilds of England. [448 fifteen bye-trades and many other smaller fraterni- ties. 1 At the side of the alderman or master, 2 the chief officer, stood four or six wardens or searchers 3 who possessed the general authority to inspect work and rectify abuses. Occasionally a number of assist- ants were appointed to aid them in the discharge of their duties, and this custom, begun in 1379 in the Grocers' Company in London, 4 paved the way for a subsequent transformation of the crafts into close corporations. As in all guilds, the social gatherings, processions and annual feasts played a great role, and we find here and there provisions for the com- mon welfare, assistance to the needy and the main- tenance of a chaplain. 5 But these few ordinances of a charitable character played an exceedingly insigni- ficant part in the constitution of the craft-guilds, and it is an egregious error 6 to magnify them into the very kernel of the guild's existence, and to consider the economic functions as a mere appendage to or development from the spirit of fraternal affection. The immense majority of ordinances contain no men- tion of anything but purely trade matters, and it was 'Herbert, 1-38; Drake, 207; Brand, 11-312. In Newcastle, Norwich iand York alone there were over 150 craft-guilds. Rep. Cam. LVD. Cos. 16. There is hence no foundation for the statement of th German authors (especially Sch6nberg,Handbuch der polititthen (Ekonomie, 884) that the guilds were not so common in England as on the continent. Their influence was not so great, it is true, but they existed in every large town. 2 Also known as "pilgrim" or "graceman." Herbert, 1-51; Ord. 281. 'Also called purveyors, keepers, overseers, or surveyors. 4 Herbert, 1-53. The forerunners of the Courts of Assistants. *Mem. 232; Hot. Orig. Abbrec. II-149b; Merew. and St. 968, in Shrewsbury. Committed by Brentano, cxxiv. 449] Medieval Guilds of England. 69 not until the crafts became wealthy corporations in the fifteenth century that hospitals were founded and the charitable spirit occupied a more important share in the counsels. The true significance_of the crafts was economic, not social, and their function was by no means that of a purely private societjl animated with feelings of love and good-will to all] The true explanation is very different. Membership in the guild in the period of their J prosperity depended on full citizenship. 1 But the ex- / elusion of strangers cannot be explained, as has been thought, by any imagined political tendency of the crafts. The non-citizens, whether aliens or simple strangers, enjoyed but a precarious position in mediaeval England. On their arrival in town they were compelled to lodge with one of the burgesses assigned to them as host, and responsible for their good behavior. 1 The period of their sojourn was often limited to forty days, and they were allowed to trade only with citizens or members of the merchant- guild, and were subject at fair time to separate tri- bunals, such as the pie-powder courts. 3 In all cases heavy fines were imposed.' 1 The distinction between 1 Memor. 179, 227, 239, 245, 247, 258, 321, 391, etc. Articles of the tapicers, spurriers, hatters, glovers, shearmen, furbishers, plumbers, lawyers, etc.; Lib. Cutt. 83, for the year 1303. M8 Hen. VI. c. 4; Lib. Cu*t. 68 (Ordination* Telariorum vii); Lib (leant, leg. 118. 'City Charier* of Bristol, 58; Liber Albu*, 674; Calend. Rot. Pat. t 21. Ipswich Domesday, 22. The pie-powder courts were held for the "dusty feet," (pied* poudrt*,) I. e., for those coming from a distance. 4 "Et qe nulle frank homme de la citee neit compagnie ove homme estraunge, ne avowe merchandise de homme estraunge, par qoy le Roy ne ses bailiffs de la citee perdent la costume de eux." Liber Alb'n* 264, 289. \ 70 Medieval Guild* of England. [450 freeman and foreigner is strongly accentuated in the general laws and all the city regulations like those of Worcester, Bristol, Winchester, Ipswich, and the Cinque Ports 1 . It would, indeed, have been unreason- able to admit the stranger to the benefits of municipal privileges without subjecting him to the correspond- ing duties like that of scot and lot. The exclusion of non-freemen from the crafts was thus not so much the result of any independent action of the guilds, but was a principle of the early common law and some, times even made obligatory upon the societies by the ! city regulations. 2 The qualification of freeman was [necessarily relaxed in the case of women who were ' also admitted as members, for certain occupations were almost exclusively conducted by them. 8 The widows of deceased brethren, moreover, continued the trade until they contracted another marriage a custom we find mentioned in the city constitution of Evesham as late as 1687 in which case they were compelled to abandon the guild and sell the house to some one who practiced the same handicraft. 4 But participation in the franchise was not enough. A perfect acquaintance with the details of the trade and the desire as well as the ability to produce good work were in all cases preliminary requisites. 6 In l Ord. 383 17; Mon-Jurid, 11-115, 147; Arch. Journal, IX-69; Lynn (App. Vol. II) Custumal* of Winchetter, Cheltea, Doter, Sandwich, &e. *"Et quo nulle prentiz apres soiin terme parcomply use sonn mis- teer en la citee einz qil soit jure a la franchise." Lib. Albu* 272. Cf. the exclusion of non-freemen from trade in Leicester as late as 1749. Throsby, 11-152. Herbert, 1-423; 37 Ed. III. c. 6; Leges Burgorum c. 69; llitt. Doe. 232. *Lib. Cust. 124, 130; Merew. and St. 1831. Jfn. 244, 258, 281, 547, 570, etc. 451] Medieval Guilds of England. 71 fact the main provisions of the craft, the very soul , of its constitution, were the regulations intended to/ ensure the excellence of the products and the ' capacity of the workman. The ordinances almost invariably commence with a recital of the various subterfuges employed by knavish artificers to deceive the public. As a consequence articles are drawn up to abolish the mischievous practices by providing for the establishment of the wardens, to whom is dele- gated the duty of carefully scrutinizing the crafts-/ men's handiwork. 1 They are expected to make an' impartial and inquisitorial examination, and in case of detecting any work imperfect, either by reason of roguery or negligence, to confiscate the goods with' an unsparing hand and to bring the offender to jus- tice. This duty they performed so zealously as even to enter the royal palaces in search of fraudulent workmen, until the monarchs assumed to consider this an unwarrantable encroachment on the royal prerogative and forbade them in future from "malla- pertlye viewing what his majestic had a-making." 2 In order to facilitate the search it was incumbent upon the artisans of each particular craft to inhabit definite quarters of the city and not elude the vigi- lance of the inspectors by distributing themselves in outlying or semi-concealed apartments. 5 The whole character of the craft guild is explained by these regulations, designed to prevent fraud and deception of the public. But it was due to the com. pulsion of the city authorities rather than to any 1 "Jurat i ad faciendum scrutininm." Lib. Cu*t. 104; Of. Mem. 292. 1 Proceed. Prity Council, VI 1-288. This occurred as late as 1541. Stephanidet 12; Mem. 180, 360, 330. In Reading each of the five wards had its particular guild. Reader,* 52. 72 Median* Guilds of England. [452 1 philanthropic anxiety on the part of the trades. fi Carefully ascertained rules as to the exact proportion and quality of the raw materials were prescribed with great minuteness; the mixing of good and bad wares was strictly prohibited, and the greatest care was exercised in the selection of proper tools. Not only was a separation of different employments com- manded, 1 but the various branches of the same trade were even kept distinct, as, for instance, the cord- wainers and cobblers. "If any one has to do with old shoes he shall not meddle with new shoes among the old, in deceit of the common people and to the scandal of the trade." 2 Such provisions were but natural, for effectual supervision would have been impossible where the shop was littered with a multi- tude of entirely diverse materials, affording increased facilities for the commission of fraud; while an em- barrassing factor would have been added by simulta- neous membership in different and perhaps opposing guilds. Similar considerations led to the prohibition of night work or sales by candle-light. Brentano, in conformity with his whole theory, asserts that the real ground was the solicitude for the well being of the guild-brothers, but he flatly contradicts the ex. plicit language of the statutes. The spurriers shall not work after curfew, "by reason that no man can work so neatly by night as try day," and especially because many persons "compass how to practice de- ception in their work," and introduce false and 1 E. g. bowyer not to be fletcher, latoner not to be goldsmith, far- rier not to be smith. Mem. 349, 399. 293. 2 J/e/. 392; Liber Albu* 718, as to old and new clothes (fripperers). 453] .Ifalnrntl Guilds of England. 73 cracked iron for tin and put gilt on false copper. 1 The glovers forbid sales in the evening because "folks cannot have such good knowledge by candle-light as by day, whether the wares are made of good leather - or of bad;" the pewterers object to night work be. cause "sight is not as profitable by night, or as cer- tain as by day to the profit, that is, of the com- munity;" and the cutlers adopt a similar provision on account of the frauds, in that "the wares have not been assigned by the wardens, but sent privily to sell" in different quarters. 2 Already in 1300 this prohibition was imposed upon the weavers by the city authorities. 3 Occasionally the additional reason is given that the nocturnal workmen make too much noise, and thus disturb the neighbors or incur the danger of giving rise to conflagrations. 4 But the chief consideration is, in these as in all the other regula- tions, the attempt to render all attempts at over- reaching the public impossible. It was, as we saw, imperative on the craftsmen to furnish an adequate guarantee of his fitness to join the guild and produce good work. This guarantee consisted in the fact of a previous apprenticeship and the evidence of a good moral character. For it was correctly presumed that intemperance and de- bauchery would in general imply mendacity and imposture. The apprenticeship continued as a rule for seven years, but was, in itself, an insufficient se- curity. Defective workmanship indeed was generally 1 Memorial*, 226. 2 Mem. 219, 246, 343,. Cf. hatters 209, bowyers and fletehera, 348. * Liber Gust. 124 XVI. "Mes qe bien et loialment oevre, et qe el ne oevre pas de nuy t." *Mem. 227, 538, 74 Medieval Guild* of England. [454 the effect of fraud, not of inability, and the longest apprenticeship could give no security against fraud. 1 It was on this account that the provisions as to morality and probity were adopted, and made ap- plicable to apprentices and journeymen as well as to the members proper. Not only were they required to be of good rule and demeanor, 2 but the most curious by-laws were sometimes enacted to keep the younger men out of mischief. In Newcastle, for instance, they were forbidden to "danse, dyse, carde or mum, or use any gytternes, or use any cut hose, cut shoes, pounced jerkins or any berds." 3 All con- traventions were visited at first with fines, then with distraint, or confiscation of tools, and finally with expulsion from the society. 4 It is, however, utterly erroneous to regard all these provisions, which constitute some of the chief points of the craft organization solely as the inde- pendent work of the guilds themselves "which stood like loving mothers providing and assisting at the side of their sons in every circumstance of life." 5 This view could only have arisen through a total neglect to observe the general economy of mediaeval society, and through a failure to see that the guilds were no purely private and independent unions, but mere stones in the structure of industrial life, apart from which they cannot be comprehended. The 'A.lsim Smith, Wealth of Nation*, I, ch. 10. 2 The apprentice must be "bonae famneet honesUc converaatiouis, tractabilis, mansuetus, morigeratus." Lib.mfmorandorttm 442; Herbert II-5741; Jfcro. 3GO. Brand, 11-228. * Liber Cut. 425; Herbert, 1-191; Jfcw., 178, 239; Ord. t 156. 5 Brentano, cxxviii; Green, //**/., 192-194. 455] )fedia>ra1 Guilds of England. 75 middle ages were a period of customary, not of com- petitive prices, and the idea of permitting agree- ments to be decided by the individual preferences of vendor or purchaser was absolutely foreign to the jurisprudence of the times. The "higgling of the market" was an impossibility simply because the laws of the market were not left to the free arbitra- ment of the contracting parties. Under the supposi- tion that the interests of the whole community would be best subserved by avoiding the dangers of an unrestricted competition, the government inter- fered to ordain periodical enactments of customary or reasonable prices reasonable, that is to say, for both producer and consumer. Tabulated tariffs and official regulations of all things, from beer to labor, filled the statute books, 1 and it would have seemed preposterous for the producer to ask as much as he could get, or on the contrary to demand less than his neighbor and thus undersell him. The three great offences of mediaeval trade were regrating, forestall- ing and engrossing buying in order to sell at enhanced prices, intercepting goods and provisions on the way to market to procure them more cheaply, and keeping back wares purchased at wholesale in order to strike a more favorable bargain subsequent- ly. 2 But above all great solicitude was shown for the interest of consumers and every precaution was observed to preclude the possibility of deceiving pur- *Cf. Assisa panis et cenrisiae, 51 Hen. Ill; statutum dc pistoribua 13. Ed. I. Also 2 Ed. Ill; 23 Ed. Ill; 37 Ed. III;47 Ed. Ill, etc. Cf. 8tat. 5 and 6 Ed. VI c. 14; Old usages of Winchester in Ord. 353. The last term is the origin of the word grocer ace. to 37 Ed. Ill c. 5. The merchants are called "grossers because they do ingrctes all manner of merchandise vendible, and suddenly do en- hance the price " . - 76 Medivml Guilds of England. [456 chasers. It was deemed of paramount importance to watch over every stage of the production, and the government, far from being antagonistic to the forma- tion of the crafts, usually compelled the workmen to frame ordinances in keeping with this economic policy. The authorities even went further, and in those cases where no anterior organization had existed or where the guild administration was imperfect, imposed general regulations on the artisans which they were compelled to follow in their guilds. 1 The guild rules were therefore only part and par- eel of the common laws, and not merely the inde- pendent work of the crafts themselves. 2 This was as true of the system of apprenticeship as we have seen it to be of the other provisions. As far back as King Alfred it was provided that slaves should be freed in the seventh year of their bondage, and the same provision extended to Scotland, for in the laws of King David I. we find the statement that native bondmen who had escaped could be reclaimed by their lord only for seven years. 3 Seven years' service was regarded as a qualification of admission into the franchise and applied to all inhabitants, whether artisans or not; and as the custom arose of compell- ing all handicraftsmen to be citizens, what had originally been a general law was now adopted by the guilds. The seven years' apprenticeship now enabled the applicant to become a burgess and at the same time a guild member. But it was no new . '37 Ed. Ill c. 7; 7 Ed. IV c. 1; 19 Hen. VII c. 6; Regiam majettat. of crimes and judges), T. 2, c. 18. *Cf. Ochenchowski, 75. 3 Dooms of Alfred 11 in Thorpe, Early L., 1-47; Leges Borgorum c. 17. This last for the year 1140. 457] Mfdfaral Guilds of England. 77 ordinance of the crafts, for the subject is regulated in the urban charters also, and when the guild rules mention it the words "according to the ancient usage of the city " are usually added. 1 And just as the sons of burgesses were admitted to the liberties with the single condition that they should dwell in the town, so the sons of guilds men were exempted from the necessity of the seven years' apprentice- ship. 2 The indentures, moreover, were necessary by the common law, and the enrollment invariably took place at the court leet or before the municipal au- thorities. 3 In many cases the local customs pre- vented villeins from binding their sons as apprentices, but this only exemplifies the exclusiveness of the town communities and the general tenor of the law, not any spontaneous action of the crafts. 4 The remaining features of the guild manifest the same dependence on the laws of the realm. The sev- erance of occupations was imposed upon the trades, not spontaneously adopted by them, and the mediae- val statutes teem with provisions of this nature, as, for instance, that shoemakers shall not be tanners, brewers not be coopers, cordwainers not be curriers, butchers not be cooks, drapers not be " litsters,"* while a statute of 1363 admonishes all artificers and 1 Liber Albu*, 157, 272; Lib. Mcmorand. 442; Metnor. 282. * Ordinance* of Worcester 35 in Ord. 390. *Lb. Cv*t. 93; Lib. Albu* 655 ; Men and St. 722-727 ; Ord. 390. 4 "Quod antiquitus nullus factus fuit apprenticing nee saltern admfo- 8U8 fait in libertatem civitatis, nisi cognitus fuerat esse libera con- ditionis." Liber Albu* 33, 452; 8tat. 8 Hen. VI c. 11; Northouck, 107 as to the quality of gentleman ; for Lynn and Yarmouth, Mer. and St., 762, 11G9. *Rich. II. c, 12; 1 Hen. VII c. 6; 19 Hen. VII c, 19; 23 Hen. VIII. c. 4 ; Regiam Maj. (of crimes, etc.) Tit. 4 c. 22 ; Ord. 405. 78 Medicsval Guilds of England. [458 handicraft people to use only one mystery or occupa- tion. 1 And whether the dominant idea was to pre- vent fraud or hinder high prices, the fact remains that the provisions emanated from the government and not from the crafts. In like manner the restric- tion of the number of apprentices and workmen, examples of which are rarely found in the early guild-laws, was not due alone to a desire to limit competition, but principally to the fact that all mem- bers were responsible for the actions of their assist- ants and that the administrative authorities objected to the employment of a larger number than the master could support and answer for. Thus the regulations of London declare that the masters shall take apprentices only in so far as they are able to support them, and under Henry III. the number of assistant workmen is limited to eight in order that the master may answer for them and the King's peace may not be disturbed. 2 But the subordination of the guilds to the general laws of the realm constitutes only one-half of the explanation. The other half must be sought in the \ commanding influence of the towns in economic Uife. 3 All powers of market and social police were 1 " All artificers and people of mysteries shall each choose his own mystery," and " shall henceforth use no other." 37 Ed. Ill, c. 6. Stat. 11-379. This was so strictly enforced that in 1385 Mayor Nicho- las Brembre disfranchised seven freemen (haberdashers, weavers and tailors) for pursuing occupations to which they had not been brought up. Herbert, 1-30. 2 "Etquenulle desormes ne preigne apprentice plus qedenxou trois a plus forsques sicomes il est de poiar de eux sustenir;" Lib. Albus, 383. Liber Mcmorandorum, 443: "Quod pax Domini nostri ne- quaquam la-datur." 3 Ochenkowski, 64 overlooks this. 459] Xedfaeal Guilds of Enylaml. 79 from the first massed in the hands of the urban authorities. The one central point of burgensic life was the court leet, for the administrative and crimi- nal jurisdiction was of paramount importance to the maintenance of local liberties. The burghers in their town assemblies enacted a multitude of commercial measures which would have been totally ineffectual without the cooperation of a strong court of penal jurisdiction, and to this court every townsman, whether guild member or no, was amenable. No more fundamental mistake has been made than to ascribe to the craft-guilds an independent jurisdic- tion, for this, we may say, was absolutely unknown in England. 1 The matter was substantially the same in the royal towns as well as in those situated in the demesnes of lords and prelates, with the excep- tion that in the latter serious disputes often arose between townsmen and bishops in reference to trade. The sources of contention in Malmesbury, Winches- ter, Reading, etc., were the encroachments of the episcopal lords in matters pertaining to the crafts. But even there the disputes were conducted by the citizens at large rather than by the individual guilds, and an independent jurisdiction of the guild officers was utterly unthought of. 2 Even in the tailors' guild at Exeter, which attempted to arrogate to itself exclusive powers, the franchises and lawful customs of the city are expressly saved over against the limited jurisdiction of the crafts. 3 In London the matter is still clearer, for although "The handicraftsmen retained everywhere the independent government and jurisdiction over their trade." Brentano, cxxiii. *IUgi*t. Jfa*m6.,II-393 ; Arch. Journ,, VII-374 ; Coates, 50-65. Ordinance, 306. 80 Medictval Guilds of England. [460 in some instances the disputes were preliminarily settled by the wardens, 1 there is not the least trace of any final or independent adjudication. The mem- bers are, on the contrary, expressly declared subject to the civic officials, by whose verdict they are often imprisoned.* The wardens brought the offenders to the guildhall, and upon satisfactory proof of their guilt the culprits were amerced by the mayor in various sums according to the gravity of the offence, a portion in some cases being reserved to the guild.* Especially severe transgressions subjected the guilty party to the pillory, and, as has been said, even to imprisonment; and continued repetition of the offence entailed the utter exclusion from the craft. It was not even necessary for the wardens to present the offender before the municipal court ; any one taxed with the commission of fraud, whether by guild- officer or layman, was subjected to punishment. But the craft officials would naturally enjoy more oppor- tunities of detecting the evidences of defective workmanship and were accordingly the usual medium through which the civic administration made its authority felt. The guilds were, therefore, to a i\ certain extent organs of the city government, but \! entirely subordinated to it, and there can be no ques- tion as to their utter lack of an independent jurisdic- tion. In entire conformity with this subordination of the guilds, the wardens or supervisors were subject 1 Jfem. 218, 248 ; Liter ( W. 126. This last document shows the preliminary jurisdiction of the weavers' guild in 1300. *Mem. 242, 246, 259, 301, 332, 355, 364, 391, 394, 539, 556, etc. ; Ord. 332, 337, mention the jurisdiction of mayor and aldermen. 3 Cutlers, spurriers, pelterers, blacksmiths, br osiers, etc. Mem. 217, 227, 328, 538, 636. 461] Medieval Guilds of England. 81 to the ratification of the city authorities. It is hence a great mistake to speak of the " complete independence of the craft-guilds, whose right of freely electing a warden was never restricted/' At Norwich the mayor could discharge the masters of the crafts at any time. 1 At Exeter the master and warden surrender their powers annually to the head of the city government. 2 In Bristol the " maister of the bakers, brewers, bochers, and all other craftes," must be presented to the mayor and take their oath in his presence. 3 At Great Yarmouth and Lynn the relation was the same, while in York the officers of only three of the powerful corporations were ex- empted from the necessity of taking their oaths before the mayor, oaths in which they there as elsewhere pledge themselves not to contravene the laws or city customs and to conform to the ordinances approved by the municipal court. 4 The predominance of the town laws further appears in the characteristic manner in which the guild articles were framed. The good men of the trade present an humble petition to the mayor, and if that functionary deems the proposed ordinances conducive to the common welfare, he accords the desired per- mission. Sometimes, however, the articles were ordained by the city quite irrespective of the initia- tion of the crafts, the regulations being enacted as simple manifestations of the police power to which all inhabitants were equally subject. The municipal 1 Blomefield, 11-130. 'Ordinance*, 334. Office of the mayor of Bristol in Ord. 420 ( 16). Cf . 246. 4 Drake, 224 ; Slat. 14 and 15 Hen. VIII. c. 3. Sacramentam magis- troram et gardianum misteraram in Liber Attnu, 527. 6 82 Mediaeval Guilds of England. [462 ordinances thus essentially corresponded with the provisions of the guilds themselves. In all those occupations concerned with the preparation of articles of food the urban measures were still more stringent, and the town officers had plenary powers whether the wardens stood at their side or not. The ale-con- ners, e. g., were to keep a sharp lookout on the brewers, cooks, bakers and petty hucksters, " put a reasonable price, at their discretion," on the com- modities, and prevent all fraudulent dealing. 1 Thus the London bakers at one time " skulk like foxes so as not to be found by the officers of the city in case their loaves shall be found deficient," in consequence of which rigorous measures were adopted; later on the right of search was taken from the wardens (to whom it seems to have been given in the interim), and the craftsmen were ordered to obey the mayor " after the old usage and customs of the laws."* In Winchester also some of the bakers " by sotill meanes for their syngler weale to the comyn hurt of the residew get the sale of all biscatt into their handes " and the attempted frauds lead to their strict regula- tion by the city. 3 The municipal flesh-say ers and fish-savers had aualagous duties to perform, and the wardens of many crafts were expressly required to be accompanied by officers of the mayor. 4 The provisions as to the reception of strangers, pursuing a certain trade, as freemen of the city, are susceptible of a similar explanation. The enfran- 'Oath of the Ale-Connere in Liber Albm, 316. 2 Ibid. Ixxi ; Proceed. Privy Council, V-196. 3 Brit. ArcKctol. ASM. 11-22. 4 As to the fish-sayer, flesh-gayer and ale-taster in Leicester see Nicholls, 11-376; Ord. 336 ; 23 Henry VIII. c. 4. 7 ; Mem. passim. 463] Medieval Guilds of England. 83 chisement of a foreigner (in the mediaeval sense) enabled him to carry on the trade. The crty^ therefore accorded the privilege to those of the * would-be craftsmen only whom the wardens declared of ability and good repute; for the grant of the * franchise without any such condition would have flooded the trades with untrustworthy artisans, and thus defeated the very object for which the crafts were recognized by the city namely, as valuable assistants to the industrial order. The guilds them- selves were the best judges of individual sufficiency, and the interests of town and craft here coincided. " For the town, with its regard for the interests of con- sumers, would lead the efforts of the guild to keep bad workmen aloof from the trade. We accordingly find in the city charters, as well as in the craft ordinances, the provision that any artisan, coveting participation in the franchise, should be examined by the good folks who rule the trade, and who would thereafter be answerable for all his - actions. 1 But, in order to prevent any abuse of this privilege, the examination took place before the city authorities, and the guilds took a pledge not to refuse admission, through a spirit of malice or monopoly, to any one otherwise properly qualified. 2 This pre- caution was in the main sufficient to check the crafts from giving rein to the spirit of selfish and unjustifi- able exclusion, although one of the chief charges brought later on against the London weavers was to the effect that they would admit no one without an 'City Charters in Lib. Cul. 269, 270 ; Liber Albu*, 142, 495. Bnelen and Spurriers in Mem. 228, 277. Articles of the Furbishers, Mem. 258. 84 Medieval Guild* of England. [464 . exorbitant fine, pursuing their malicious machina- tions in order to artificially enhance prices and seek their own private gain at the expense of the public welfare. 1 The few remaining guild-laws for which artificial explanations have been attempted can again be un- derstood only by keeping in mind their utter depend- ence on the municipalities. Thus the provision that if any member purchase commodities fit for use by the trade, every other member may participate in the bargain and compel the purchaser to give him a share, 2 is by no means a proof of the self-sacrificing spirit of the brethren. It is simply a penalty for transgressing the city laws against engrossing, the policy of which prohibited both underselling and overcharging. The identical provision occurs in the earliest custumals of the towns, and was copied from them into the by-laws of the guilds.* So also, as to the regulation that if a workman has contracted to finish a piece of work and is unable to keep the agreement, the members shall aid him. Far from being an outburst of loving feeling, this is simply a punishment for those who have wilfully and falsely guaranteed the ability of a workman whose inca- "'Quod neminem in eorum gild am recipe re curant nisi gravitur redimatar, malitiose machinantes," etc. etc. Lib. Oust., 421; Plat, de q. W. 466. In 1331. 2 "That no one for any singular profit shall engross lead coming to the city for sale. . . .but that all persons of the said trade, as well poor as rich, who may wish, shall be partners therein at their de- sire." Mem. 322 ; Ord. 210, for Worcester ; guild-merchant at Ber- wick, in Ord. 345 37. a "If any merchant, neighbor or stranger, bring any merchandise to sell in the town, all the freemen shall have a part if they claim part." Custumal of Rye 59, 51. 57 ; of Winchelsea 3S, 39, in Lyon, app. 465] Mediaeval GuiM* of England. 85 pacity they were in duty bound to know. For civic magnates here again were determined to pre- vent the employer from being disappointed or de- frauded through any fault of the artisan. 1 A similar enactment existed in the Scotch laws, as applicable to all the craft-guilds, and it is significant that the provision did not originate with the guilds, but was imposed upon them as a police measure. 2 The true nature of the craft-guild can now be clearly perceived. It was no protective guild or outgrowth of the guild-merchant, no combination of oppressed plebeians struggling against the patricians and imbued with a spirit of fraternal affection, to which the economic function was subordinate and superadded. Above all, it was no purely voluntary! union which gained a complete independence of the town or an entire mastery over the inhabitants. On" the contrary, the craft-guild was a union of artisans for purely economic purposes, but always subordinate to the general laws and municipal administration j Although its early development may have been in a great measure autonomous, it was recognized by the city authorities because a useful auxiliary .in maintaining and executing the police measures. And although the guild afforded an incidental protection to its members through the usual advan- tages of all union, it was something far more than a mere private society. In its character as a municipal organ it was frequently called upon to furnish mili- 1 Memorial, Masons, 281. *Ktgiam Maj. (of crimes, Ac). TH. 5, c. 30 ; tit 2, c. 19 ; tit 4, c. 27: "Craft isman qoha begin nes ane work and delaies to end the same sail make no impediment to ane other of the samin craft to end the lin work under paine of tinsell (loss) of their friedom." 86 Mediawl Guilds >f England. [466 tary contingents, and to perform its share of the " watch and ward." 1 A link in the great chain of economic development, it can be understood only in conjunction with the whole theory of mediaeval economic policy. Its main features were impressed from without rather than evolved from within, the result of compulsory obedience to the general prin- ciples of town and state rather than the elaboration of peculiarities inherent in the guilds as associations which breathed the spirit of peace and good will to all. But before passing a final verdict upon their influence in shaping the destiny of the mediaeval artisan it will be necessary to cast a glance at the relations of master and workman and note how far the grave social problem confronting modern society existed or was met by the mediaeval unions. 3. INDUSTRIAL RELATIONS. The line of demarkation so sharply denned to-day between a capitalistic and a laboring class was not yet drawn in the early period of mediaeval industry. For centuries far into the middle ages there was a period of rude plenty, but of no opulence. The bur- gesses were on a similar footing, and the compara- tive equality of wealth among the town citizens at first went hand in hand with the parity of political rights. Specialization of industry and division of labor were still in a rudimentary condition, for pro- ducer, middleman and retailer were not yet differen- Ordinance of 1370 in Memorials 345; Herbert, 1-122; Maitland, 1-216. 467] Mediasml Guilds of England. 87 tiated. The artisan bought his materials, fashioned his products and displayed his finished wares for sale on the counter of his little shop, or on the rough boards of the booths at fair time. If his business increased to a sufficient extent he received two or three apprentices, and in case of need a certain number of additional workmen or journeymen. But there was no monopoly or exaggerated exclusiveness. Any one could become apprentice, and the number was limited only by the ability of the master to support them or by considerations of a police nature. The apprentice formed a member of the master's family. For the principles of the law of parent and child were made applicable to a certain extent, and all responsibility for purchases of the apprentices as well as for their behavior were imposed on the masters by city ordinance. 1 From one of the indent- ures that have been preserved we can obtain a clear view of his position. The apprentice is to keep his* 1 master's secrets, do him no injury nor commit exces- sive waste on his goods. He is not to frequent taverns, commit fornication or adultery with the housemaids or in town, nor betroth himself without his master's permission. He is not to wear certain garments, play at dice, chequers, or any other unlaw- ful game, but is to conduct himself soberly and piously as a good and faithful servant, or in default to serve double time. The master, on the other hand, agrees to find him in all necessaries, food, clothing, bed, and so on, for four years. In the fifth year he finds himself, but receives twenty shillings and the tools of the trade; and in the sixth year he Dc servientibus, cmentibus Mercamliaas et Bona. Libtr Albu* 286; /ft*. Doc. 242. 88 Medieval Guilds of England. [468 gets forty shillings but finds his own tools. The master agrees on his side to teach him the craft jwithout any concealment. 1 The oftentimes carious rules to ensure the good morals and proper demeanor have been touched on above. This strict super- vision could not have been but galling to the young men, as is proved by several amusing examples. 2 But there was no general clashing of interests, no endeavor to exclude the apprentice of proper charac- ter. Everyone became in time shopkeeper and master, provided he possessed the requisite ability. The condition of the workmen proper was essen- tially similar. They were known by the various names of varlet, sergeaunt, yeoman, garson, bachelor, allowe and journeyman, 8 and were taken for any stipulated period, although probably at first engaged by the day as the last term implies. Restrictions were rarely placed on their number; but the necessi- ties of a small household would in general preclude the master from employing more than a limited num- ber. When any positive limitation was ordained it was at first rather the exercise of the city police power 'Indenture of 1409 in Madox, Formulate Anglican., 98. One of 1451 is translated in Rogers, Ayrie. and Price*, I V-98. 'Herbert, 1-124 ; 11-35, 108. Cf. 19 Hen. VII c. 4; 19 Hen. VII. c. 12. *Varlet or vadlett French valet ; sergcaunt or serjatint overour ouvrier; garson garc.on ; allow 3 or allowsman (Herbert, 11-181 , 193) nlloue" (who differed from valet in that the one had panned through an apprenticeship, the other not. Ordin. of the Forcetiers. Livro des Metiers, 359). Bachelor German Geselle, Junggcsello. Yeoman is an abbreviation of young man. The term soudeier (solidarius) is once used in Lib. Cu$t. 79, 6. Journeyman comes from jour, journe*e. The Latin names were garcio, valleUus, serviens. 469] Medieval Guilds of England. 89 than the result of any attempted monopoly. They were well cared for in the craft ordinances them- selves and as regards the necessaries of life, were so especially well treated that the government felt impelled to interfere occasionally and extend the sumptuary laws to them. 1 All possible disputes were settled primarily by the wardens, some of whom were in certain crafts chosen from the ranks of the journeymen themselves.* If the master refused to give the stipulated wages, the wardens forbade him to work until the obligation should be fulfilled. The journeyman was likewise pro- tected against other exactions on the part of unscru- pulous masters, such as attempts to compel him to serve beyond his time or against his will, while a stimulus was given to loyal fidelity by prescribing assistance out of the guild funds in case of illness or misfortune. 3 On the other hand, if the workman was disobedient or endeavored to overreach his master in any way, he incurred fine and punishment. The stand- ard of morality was not all too high, and the reason advanced for shutting the shops on Sunday is, that the "journeymen and apprentices had wasted and purloined the property of their masters while they have been attending at their parish churches." 4 Hence the necessity of regulations and of subjecting the assistants to stringent penalties in case of per- versity. Such provisions appear perfectly justifiable when it is remembered that the masters were respon- >37 Ed. III., c. 8, c. 11, as to the yeomen and servants of artificers or people of handicraft. Ord. 332 ; Mem. 634. Alien Weavers, Founder*, Braelers, in Memorutl*, 307, 514, 277. *Mcmor. 218, 245. 90 Medieval Guilds of England. [470 1 sible as head workmen for the quality of the wares and the conduct of their assistants, and that personal supervision could be rendered searching only by the strict accountability of the subordinates. But a conflict of interests was in general unknown. The journeyman always looked forward to the period when he would be admitted to the freedom of the trade. This was a rule not difficult for an expert workman to attain. No insuperable obstacle was thrown into his path. In fact, there was no superabundance of skilled labor at this time. It was a period of supremacy of labor over capital, and the master, although nominally so called, was less an employer than one of the employed. Toiling by the side of his assistants and in reality falling into one category with them, he was subject to the same vicissitudes of economic life. The relations were in the main harmonious, and there was thus no wage-earning class as distinguished from the em- ployers or capitalists and arrayed in hostility against them. Naturally, however, there were sporadic cases of disaffection on the part of individual workmen against imagined or perhaps real maltreatment by the master. These cases no doubt existed from the earliest period. Thus in 1303, in one of the earliest craft ordinances that we possess, the journeymen cordwainers of London are forbidden to assemble or make any provisions prejudicial to their masters or to the public. 1 In 1350 again it is related, that in 'Ordinatio Renovata 7, in Lib. Curt., 84: "Defendu est qe lesser- jauntz overours de la cordewanerie, ne a litres, ne facent nul con- gregacioun par faire parveaunce qe soil prejudice au mester et damage au commun people ; sur peyne denprisonment." 471] Medieval Guilds of England. 91 case of a dispute between a master-shearman and his "vadlett," the latter had been accustomed to go to his associates, and by "covin and conspiracy" so arrange it that no one should work for his own master until the matter had been substantially settled; in future, however, the disagreements are to be arranged, as in the other trades, by the wardens. 1 But although this, as well as the similar case of the journeymen weavers in 1362, 2 resembles to a certain degree our modern strike and boycott, it is not indicative of any general banding together of the yeomen against the employers. For although the journeymen and apprentices here and there formed associations of their own, these were simple fraternities of a social character. As on the Continent, they were considered quite harmless and in most cases freely permitted. Some- times, however, they were prohibited, as tending to weaken the paternal authority of the craftsmen. The "congregations" of the journeymen cord- wainers above were doubtless of this class and continued to exist, for over three-quarters of a century later they are again charged with making an illegal fraternity for which they sought a confirma- tion from the Pope.' The general proclamation of 1383 was however not directed especially against such associations, as has been represented. For this forbade conspiracies and combinations of all kinds, * Manorial*, 247. *Mtwrial*, 306. 'Ibid.. 495. 93 MedicBval Guilds of England. [472 and did not mention the workmen at all. 1 Probably the regulation was designed to prevent the recur- rence of such riots as had taken place during Wat Tyler's uprising, in 1381. The character of the early journeymen's guilds is shown by their fraternities in - Coventry, where the journeymen or young people of various trades, "observing what merry meetings and feasts their masters had, themselves wanted the like pleasure, and did therefore of their own accord assemble together, and for their better conjunction make choice of a master with clerks and officers." 2 But as this was found to be to "the prejudice of the other guilds and disturbance of the city," the mayor and citizens petitioned the king, in 1425 to abolish them. !; The journeymen saddlers in London had also formed a fraternity during the fourteenth century, but in 1396 the masters complained that the men deserted their work too often in order to attend the vigils of their deceased brethren, and to make offerings for them on the morrow, occurrences which were made the occasion of much carousing.* So also the "yomen taillours," composed of the servingmen and journeymen formed an assembly and inhabited houses in a certain district of the city in contradiction of their masters' wishes. Ad- 14 'That no man make none congregacions conventicles ne assem- bles of peoples in prive neu apert .ne over more in none manere ne make alliances, confederacies, conspiracies, ne obliga- ciouns forio bynde men togidre forto susteyne eny qnereles in lyvingge and deyingge togidre." Memorial*, 480. Brentano hence errs. *Rotuli Clautorum, 3 Hen. VI ; Dugdalc, 125. 3 Jfcm. 542. A precisely similar complaint is made in France. Ordonnancf, Y-596. 473] Mediceral Guilds of England. 93 vantage having been taken of this to create several disturbances and to adopt a livery of their own, they were enjoined by the city officers from " com- mitting and perpetrating so harmfully such evils and misdeeds " and admonished to obey the wardens and masters. But this again was no manifesta- tion of any class antagonism. It is especially stated that the journeymen were mere youths. 1 There were no men of mature age in their ranks, for the simple reason that at this period, the beginning of the fifteenth century, it was still possible for every workman to become a master, the one grade passing naturally and by an easy stage into the other. We thus see in the account nothing but the evidence of youthful insubordination. The fraternity more- over, probably after having mended its ways, con- tinued to exist. The journeymen's associations which seem to have been quite common (for the statute of 1402 speaks of "fraternities or guilds of servants" in general)* were thus mere social brotherhoods, formed by the young "desirous of merry meetings and feasts." It is not permissible to cite them as proving any conflict between labor and capital at this period. The unions were everywhere confined to the youths who in turn gradually became masters and were enrolled as full members of the craft-guild proper. This virtual identity of interests and the predomi- \ nance of labor continued until the close of the I fifteenth and commencement of the sixteenth cen- / 1 "Journeymen and eervingmen like a race at once youthful and unstable," etc. Jfem. 611. '26 Rich. II. 94 Medieval Guilds of England. 474] / turies. It has, indeed, been asserted 1 that the plague of 1348-9 brought the opposition between the working class and the employers, between labor and capital to a crisis. But this is an error and ante dates the true course of events by at least a century. The celebrated Statutes of Laborers, passed immedi- diately after the pestilence, were intended to check the immense increase in the rate of wages which followed as a natural result of the dearth of work, men. They strictly defined the amount which farm lal orers as well as all manner of artisans were to take for their services, and referred as a standard to the rates prevalent in 1346, the last year of great plenty and cheapness before the plague. To regard these statutes as harsh and iniquitous enactments unjustifiably oppressing the workmen is erroneous, because prices as well as wages were regulated. 2 The provisions extended to all classes of traders and merchants as well as to the artisans, and were nothing but a manifestation of the mediaeval economic policy which made custom and not compe- tition the controlling law. But the opposing view, that the purpose of the law was to protect the poor and the weak, is fanciful; we should suppose that 'By Brentaiio, cxliii. Cunningham, 194 falls into the same error. Weeden, The Social Law of Labor, 173, who follows Brentaiio, is equally incorrect in his statement that the guild statutes before the fourteenth century do not mention workmen as such. The only complete ordinances that we have before 1300, those of the Cap- pers and Lorimers of London, speak of the emprentiz, serjeaunt, soudeier and servientes. Liber Cutt. 78, 4, <5 ; 101, 6. 2 23 Ed. Ill c. 6. Also 25 Ed. III. In France a similar statute was passed in 1351, which, however, permitted the workmen to take one-third more than before the plague, and which regulated all prices minutely. Ordonnnncc*, 11-377. 475] Mediceval Guilds of England. 95 the English parliament was overflowing with love and kindness to the weak and oppressed, and had no aim but to alleviate their distress. Unfortunately the mediaeval legislators were not of that stamp, but under the guise of well-sounding phrases generally pursued the selfish interests of the higher classes to which they belonged. In the regulations of 1350 for London we see the truth, half expressed in the words, " to amend and redress the damages, the grievances of the good folks rich and poor," so that at all events the enactment was not even ostensibly made in the interests of the poor alone. 1 But the importance of the statute lies in the fact that while the country workmen mentioned were mere agricultural laborers, the provisions relating to the town artisans included all of the enumerated artificers, masters as well as journeymen. Both are treated alike under the general appellation of work- men or artificers, for it would have been poor policy to reduce the wages of the journeymen simul- taneously with allowing the full guild-members to charge for their handiwork as they chose. The misconception has arisen from the use of the word " masters*' in the preamble, 2 for it evidently refers in that place only to the landlords and to those of the general public that might have occasion to enlist the services of the craftsmen or guild -member. But there is certainly no intention to draw any distinc- tion between the master- workman and the journey- 1 Regulations as to wages and prices, Memorials. 253. 2 "Because a great part of the people, and especially of workingmen and servants, late died of the pestilence, many, seeing the necessity of masters, will not serve unless they receive excessive wages," etc. Stat. 1-907-311. 96 Medieval Guild* of England. [476 man, between the two different classes existing in the craft itself, for the list of workmen includes masters in the sense of guild-members as well as others. 1 The fortunes of craftsman and yeoman were still substantially the same ; there was no new and vital distinction now appearing for the first time between employer and employed within the craft. Of course the master-artisan was engaged by various members of the population to perform stipulated work, and in this sense there was a dis- tinction between the temporary employer and employed such as had always existed; and it was to regulate this very relation that the statute was adopted. But the question now engaging our atten- tion is a quite different one, namely, was there a capitalist class engaged in production as distin- guished from and giving employment to a laboring class as such. The answer cannot be equivocal. The regulations which were immediately issued in London and other towns serve to attest the truth of the foregoing statement. The prices which the artisans are to take for their work are carefully defined, but the journeymen or "garsons" occur only twice in the long enumeration, and the regula- tion is manifestly intended for the guild-member or master-workman. 2 And in the succeeding statutes which speak of the laborers and artificers, the master- workmen are always meant, unless, as is rarely the case, especial mention is made of the yeo- 1 23 Ed. Ill, c. 5 simply speaks of "quicumqce alii artifices et operarii." * Memorial*, 253. The master-daubers for instance shall take 5d., the journeymen 3 id., per day. 477] Mediasval Guild* of England. 97 men. 1 It would, however, have been impossible for the masters to reduce the prices of their own labor without a similar action on the part of their assist- ants and this accordingly took place without opposi- tion everywhere except among the shearmen, wher^ the masters petitioned for an equable reduction of the journeymen's wages, and reminded the authori- ties that they themselves had been treated in a similar manner. 1 We see, then, that it is entirely incorrect to speak of a general conflict between capital and labor at this period. Even in the trade of masons, which has been brought prominently forward as tending to prove a class antagonism, the relation was still similar. The statutes which forbid combinations among the masons and carpenters were not directed against the journeymen, as has been asserted, but against the masters themselves. 3 The reason is expressly stated to be the infringement of the statute of laborers which, as we know, prescribed the prices of the masters' labor. The masons, or free-masons, were probably regarded with peculiar disfavor on account of their curious solemnities, which were often declared blasphemous in France and elsewhere ; but their growth was nevertheless fostered by the church authorities because of their great aid in constructing the cathedrals. In 1429 a lodge of free-masons was initiated by the archbishop of Canterbury himself. 4 E. g. 34 Ed. mcos? Ed. III. c. 6, where artificers or handi- craft people occur, and opposed in c. 9 to the yeomen. * Memorial*, 250. 3 "That all alliances and covins of masons and carpenters, and con- gregations, chapters, ordinances and oaths betwixt them made, or to be made, shall be void and wholly annulled." Ed. III. c 9 (1360). Cf. for the reason 3 Hen. VI. c. 1 (1427). 4 Hut. of Freemawnry, 95. 7 98 Mediwval Guilds of England. [478 There is no evidence that the number of dependent workmen was so much greater in this trade than in any other, and the most superficial glance into the archives and statutes of the middle ages will show that the legal regulations of wages referred not only to the building trades but to every conceivable and well-known occupation, and thus do not " indicate the peculiar position of these trades." The royal mandate of 1353, moreover, as to the workmen engaged in building the palace of Westminster, does not by any means tell us of a strike, but simply speaks of the withdrawal of certain workmen without the permission of the king, and of their accepting employment in other places.* They were patently master-masons, for it would have been out of the question for the journeymen to make independent contracts of service with any members of the public. The crown objected to the masons seeking work elsewhere because it had for centuries claimed the right of commanding the labor of any of its sub- jects/ just as during this century it still impressed seamen into its service. But there was no strike or opposition between master and workman in the modern sense. The city enactments of the period treated them alike with the exception that masters were permitted to take slightly more than the jour- 'Brentano, cxlv. *Mfm. 271. "Whereas many workmen and laborers who were retained upon our works and were receiving our wages, have withdrawn from such our works without leave, and have been re. ceived to work for divers men of the city and county," etc., etc. See the curious case of a joiner ordered to " coom to the king's worcke," in 1541, and his excuses for delay. Proceed. Privy Coun- cil VII-254. 479J Mediaral Guilds of England. 99 neymen for their exertions. But the restrictions applied equally to both classes, for they were still all in effect laborers, although, it is true, of different grades. 1 We are now in a position to form a judgment of the merits of the craft-guild system in its prime, \ from the twelfth to the fifteenth or sixteenth century. / ^ i The guilds were, on the whole, admirably adapted ' to the necessities of the period, and their faults were / those common to all mediaeval economic institutions. Primarily intended as an organization of the inde- pendent middle class, the crafts were useful adjuncts \ in upholding industrial order, and, on the whole, did not prove untrue to their task as organs for the transmission of skill and probity from generation to generation. The apprentice and journeyman found in the guild a school well calculated to fit them for their future career, and, treated as members of the family union, they were taught the value of self-' restraint and impressed with the feeling of necessity for self-improvement. The possibility of reaching the goal of complete independence, attainable by all without exception, acted as a stimulus to good behavior and honest workmanship, while the har- monious relations in the workshop and the absence of any serious class opposition inculcated many a valuable lesson capable of being turned to account in later life. The craft-guilds, it is true, imposed many limita- >Cf. the carpenters, masons, plasterers, daubers, tilers and "lour servauntz." Liber Atiu* 728; the tilers and "lour parsons," lb. 729, repetitions of the order made under Ed. I. IMtcr Cud. 99, where the employer gives the master-workman meals in part payment. See also Ochenchowaki, 117. 100 Medieval Guilds of England. [480 tions on the members. In pursuance of the general spirit of mediaeval legislation they prevented an undue competition and thus rendered any individual opulence impossible. They entered into minute and often unwise regulations of manufacture, and sur- rounded the artificers with a network of galling restrictions. But they strove to ensure honesty and satisfaction, and did not, as might be supposed, prove a serious drag on the progress of industry. For this was, after all, conditioned rather by the gen. eral laws than by any independent achievement of the r guilds. The small handicraftsman felt his honor involved in maintaining the good traditions of his predecessors; and possibly because the organization pieserved him from a continual struggle for existence and ensured a comparatively contented life, he endeav- ored to increase his efficiency and to take an honest j pride in the creations of his own industry. But the ' secret of the success of the guild, and of the absence t of any serious social struggles, lies in the fact that every workman either was, or could in time become, ^his own master. Acting as his own employer, and thrown into direct contact with the consumers, he was enabled to take advantage of the improvement made in the methods of production, and to reap the benefits for himself. In other words, he enjoyed both wages and profits, and in this character of [profit-taker he kept pace with the progress of indus- try. It was a period of the predominance of labor over capital, but still there was a cooperation between the two elements. The chief value of the craft-guilds : viewed from this standpoint was constituted by the fact that they favored the possession of a small ( i capital by the workman himself. This consideration 481] Mediccral Guilds of England. 101 becomes important in the light of modern problems, for the guilds thus in part realized the Ultima Thule of present industrial aspirations, the system of pro- ductive cooperation. And although the conditions have been too materially altered to make a new birth of the craft-guilds either possible or desirable, their earlier history would tend to show thai the main ; principle which underlay their economic prosperity is still capable of being infused witU-'n* new '.Vrgop*-! that may one day revolutionize existing relations. The limits of this essay will not permit us to trace the later fortunes of the crafts, their gradual degen- eration and final decay in the succeeding centuries, nor to institute any comparison with the continental guilds in this place. We shall be satisfied to have thrown some light on the real nature and position of the guilds-merchant and their connection with the towns, as well as to have shown that the hitherto accepted views as to the origin and function of the craft-guilds are in a great measure erroneous. The guild-merchant had by no means the influence ascribed to it in municipal development; and the craft-guild, although incontestably ameliorating the~| condition of the mediaeval laborer, had its chief characteristics impressed from without, performing a valuable service in upholding industrial order, and escaping any class antagonism in the period of its prosperity rather by the natural force of external circumstances than by any conscious and independent action of its own. APPENDIX. ON THE ETYMOLOGY OP GUILD. The word guild (gild, gyld, gilde, gylde, ghilde, gicld , gylda, gilda, gulda, gildona, ghildonia, gellonia) is used in the early documents in three senses: contri- bution, feast, and association. Of these the first is the primary signification. The root is found in the Anglo-Saxon gylden, or geldan, "to pay," and in this sense of payment or money compensation the term occurs in the early laws and far down into the Norman epoch. As examples compare the following : Wergeld or wergild, 1 the penalty paid for murder ; angylde,* the simple value of the article stolen ; theofgild, the penalty paid by thieves ; hydgylde 8 the payment made by slaves as a substitute for flogging; ceap gild, 4 the marketprice or money equivalent ; deovlum-gelda, 5 payment or offering to the devil, and the common dane-gild. The word guild is also used alone in the sense of money penalty.' In Domesday the word geldare, "to pay," is used on almost every page, as also the term gild a, or " pay- ment to the king," 7 and geldabilis (guildable), "liable '^thelbirht c. 31 (Thorpe, Ancient Lawt, 11). Cf. Leod-geld c. 7. 'Alfred, c. 6 (Thorpe, 67). Ine, c. 2 (Thorpe, 105). Vudfe. ficU. London, c. 1 4 and ^Ethelstan, c. 19 (Thorpe, 229, 209). Wihtraed, c. 12 (Thorpe, 41). JEthelstan, c. 19. ''In gildam de Dovere" I-llb, fol. 108b. "Hoc Bargain non geldat nisi qaamlo Exonia geldat, et tone reddat xi denarioa pro geldo." 104 APPENDIX. [484 to pay." 1 The word guild occurs in this sense far into the Middle Ages. Of. "quietus ab omnibus gil- dis" in the laws of Henry I.* and "gulda," or "guda," in the same signification in the Hundred Rolls. 5 The "guildable" is the district from which these pay- ments are raised. This was the original meaning in all Teutonic tongues : Gothic gild, Danish gield, old German gelten, modern German geld. As a distinctive feature of the early unions was the common contribution, the word gild was naturally and gradually applied to the society itself as well as to the banquets and festivities whose expenses were defrayed by common payments. Brentano (Ixviii) inverts cause and effect in asserting the original meaning to be a sacrificial meal. Sacrifice, moreover, has nothing to do with the primary meaning. Gilde to-day yet signifies a banquet in Danish, 4 and is probably used in the sense of festivity in the laws of Hen. 1., "in omni potacione vel gylde." 5 The use of the term in later times in the phrase "meadow-guild" has been explained above.* Some writers who have failed to notice these three distinct meanings imagine that the word always implies a real association ; others, on the contrary, exaggerate the primary sig- nification and scarcely allow the . idea of union to come to the foreground at all. 7 Both extremes are Cf. fol. 20 and 262. Cf. Stat. 11 Hen. VII. c. 9 (1495) "The lands shall be gildable." Also Madox, Firma B. t 80. 2 II 3 (Thorpe, 501). *Rot. Hund. 193. Archxol. Jour. VIII-411. "Ad geldam et Scottum " Madox, F. B. t 273. 4 Wilda.9, 18. 'Thorpe, Ancient Law, 1-538. Cf. p. 47. 'Lappenberg, Gech. t 1-609, Merew. and Steph. I,-82 et patnm. 485] APPENDIX. 105 incorrect. Hensleigh Wedgewood gives a fantastic derivation from the Welsh " gwyl," a holiday. 1 Sul- livan connects it with the Irish "gial," a pledge. 2 But these are farfetched explanations and unnecessary, The word having obtained its general meaning of "society," was naturally applied to both merchant and craft guild, although their aims were quite dif- ferent from those of the Anglo-Saxon unions and social fraternities. * English Etymology, 1-19. 1 0'Cuny's Irith, I-ocxvL Cf. in general Thorpe, Ducange, Spel- man, Glouary, . e.; Merew. and St. 14, 294, 353, 600 ; Lucy Smith in Ord. xix ; Schniid, Index, 603; Wilda, cap. 1 ; Hartwig ; Feith, ( AJ OildU Groningani*.) 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London, 1881. , Early History of Institutions. 2d ed. London, 1880. MAITLAND, History and Survey of London. 2 vols. London, 1756. MAGNUM Rotulum Scaccarii, Ed. Hunter, (31 Hen. I.) 1833; (2, 3, 4, Hen. II.) 1844 ; (Rich. I.) 1844. MAURER, G. L., Geschichte der Stadteverfassung in Deutschland. 4 vols. Erlangen, 1869. MARQUARDSEN, Ueber Haft und Burgschaft bei den Angel- sachsen. Erlangen, 1852. MEREWETHER AND STEPHENS, the History of the Boroughs and Municipal Corporations of the United Kingdom. 3 vols. London, 1835. MEMORIALS of London and London Life in the XIII., XIV. and XV. Centuries. Ed. Rilev. 18tf8. MON. GERM. HIST., Monumenta Germanise Historica. Ed. Pertz. Leges. Vol. I. Hanover, 1835. MOXUMENTA JURIDICA, The Black Book of the Admiralty. Vol. II. The Domboc of Ipswich. Ed. Travers Twiss. Lond. 1873. NASSE, Ueher die mittelalterliche Feldgemeinschaft in England. Bonn. 1869. Translated by Ouvry. London, 1871. NIC HULLS, History and Antiquities of Leicester. 4 vols. 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It will cordially welcome any real contribution to Economic study, leaving to the writer the sole responsibility for matters of opinion. The Journal will be issued Octobrr 15, .famiary lS t April IS, and J*ly IS. It will contain regularly 112 pages, 8vo, with such supplementary sheeta'as may be required from time to time. Communications for the Editorial Management should be addressed to THE O.UARTKKLY JOURNAL OF ECONOMICS, Cambridge, MM*. Business letters, subscriptions and remittances to GEOKGE H. ELLIS, 141 Franklin Street, Boston. Subscription Price, $2.00 per annum; Single Copies, 50 cts. Contents of No. I , October 15, 1886. I. THE REACTION OF POLITICAL ECONOMY . . CHARLES F. DUKBAR. II. PRIVATK MONOPOLIES AND PUBLIC RIGHTS . ARTHUR T. HADLKY. III. SILVER BEFORE CONGRESS IN 1SW 8. DANA HoRTOff. NOTES AND MEMORANDA: Silver as a Regulator of Prices-The Arithmetic, Geo- metric, and Harmonic Means Legislation for Labor Arbitration. CORRESPONDENCE: Letter from Paris. ARTHUR MANOIN. RECENT PUBLICATIONS UPON ECONOMICS. Appendix. WAGNER ON THE PRESENT STATE OF POLITICAL ECONOMY. PRICES IN IRELAND. Contents of No. 2, January IB, 1887* I. AN HISTORICAL SKETCH or THE KNIGHTS or LABOR, CARROLL D. WRIGHT. II. THE DISPOSITION OF OUR PU1JLIC LANDS . ALBERT BUSHNELL HART. III. THE SOUTH- WESTERN STRIKE OF 1886 . . . . P. W. TAC88IO. NOTES AND MEMORANDA: Marshall's Theory of Value and Distribution- Objections to Profit-Sharing. RECENTPUBLICATIONS UPON ECONOMICS. Appendix. TABLES RELATING TO THE PUBLIC LANDS. THE PROPERTY TAX OF THE CANTON DE VAUD. Contents of No. 3, April 15, 1887. I. THE SOURCE OF BUSINESS PROFITS .... FRANCIS A. WALKER. II. AN HISTORICAL STUDY OF LAW'S SYSTEM, ANDREW MCFARLAKD DAVIS, III. GOLD AND PRICES SINCE 1873 .... J. LAURENCE LACOHLIK. NOTES AND MEMORANDA : Notes by Professor Marshall-General Overproduc- tionThe Theory of Profit-Sharing English Labor Statistics. RECENT PUBLICATIONS UPON ECONOMICS. Appendix. Prices In Great Britain. Germany, France, and the United States (L, II., IIL, IV.) Articles which show no Tendency to fall in Price (V.). Contents of No. 4, July 1 5, 1887. I. DEPOSITS AS CURRENCY CHARLES F. Dim BAR. II. AN HISTORICAL STUDY OF LA'^'S SYSTEM. IL AHUREW MCFARLAHD DAYIS. III. SOME CURIOUS PHASES OF TnK RAILWAY QUESTION IN EUROPE SiMoiv STERXE. NOTES AND MEMORANDA: Ricardo's Use of Facto The Theory of Business Profits -Analysis of Cost of Production Action under the Labor Arbitration Acts. CORRESPONDENCE: The Economic Movement in Germany. . . BawmNAME. R BCENT PUBLICATION UPON ECONOMICS RETURN TO the circulation desk of any University of California Library or to the NORTHERN REGIONAL LIBRARY FACILITY Bldg. 400, Richmond Field Station University of California Richmond, CA 94804-4698 ALL BOOKS MAY BE RECALLED AFTER 7 DAYS 2-month loans may be renewed by calling (510)642-6753 1-year loans may be recharged by bringing books to NRLF Renewals and recharges may be made 4 days prior to due date. 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