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There was no doubt a sense in which the strong rule of a governing oligarchy fully justified itself throughout the course of the struggle for autonomy between the rising crafts and the rising municipalities. Shaking itself free from discussions and divisions within its own body by asserting the triumph of the stronger party, the guild was able to maintain in practice the consistent theory of its constitution – the undisputed supremacy of the masters in the regulation of the trade policy; and through centuries of varying and doubtful fortunes the crafts still contrived to present to the world outside an unbroken front and a certain air of independence; holding together in companies under leaders of their own choosing, and, save in rare instances, scorning to stoop to the custom common in France or Germany of having their chief officer appointed by some external authority.266 But this bold militant attitude was only maintained through a rigid discipline, and by a ruthless suppression of every attempt to break the ranks. A body to all appearance uniform, but in fact split up into two or three hostile groups, the craft only preserved its air of harmony by abandoning all pretence at democratic government, and avowedly subduing the weaker classes to the stronger. The policy which had been its safety in the time of conflict remained its settled creed in the time of power. It is clear, therefore, that if ever the members of the guild forced their way into the council chamber of the town, their appearance can scarcely be taken as marking a popular or democratic movement. That it enlarged the governing class by bringing in a new group of men to take part in the active political life of the country is evident; but on the other hand these men do not seem to have contributed a single idea to political experience, or carried political experiment a single step further. Saturated with the customary views of administration which were the fashion in the upper class of town society, and by which their own interests had been so well served, the craft-masters sent their representatives to the council only to give new strength to the coercive policy of the governing oligarchy. The character of the trade fraternity was fully shown when, victorious over the foes of its own household, strong in its complete organization, the craft guild rose out of its long subjection to public control, and seizing into its own hands municipal authority, destroyed its terrors for the trader. When this last step was taken the crafts stood forth in full realization of their ideal – close corporations fully equipped against the whole body of consumers, and masters of the labour of the country. What has been called the decline of the guild system may more truly be called its triumph – the revelation of its constant aim and true significance.

NOTE A
Statute Wages in 1388

No servant of artificer or victualler in a town was to take more than those in the country (12 Richard II. cap. 4.).

In 1444.



Summer wages of mason or carpenter 4d. a day with food, without 5d.; tiler, slater, rough mason, and builders 3d. with food; other labourers 2d. Without food 1d. more in all cases. Winter wages 1d. less all round. In harvest a mower 4d., reaper 3d.; labourers 2d.; 2d. more for meat and drink. (23 Henry VI. cap. 12.)

In 1495.



The hire of women, children, and artificers remained the same. (11 Henry VII. cap. 22.)

By 12 Henry VII. cap. 3, all statutes fixing the wages of artificers and labourers were made void for masons and all concerned in building, and servants in husbandry. Rogers (Work and Wages, ii. 327) fixes the wages of the ordinary artizan in the fifteenth century at 6d. a day and agricultural wages at 4d., carpenters a little under 6d., plumbers 6-1/2d., masons 6d. The board of a skilled artizan might cost in 1438 about 2s., of a common labourer about 1s., very commonly from 8d. to 10d., most generally 8d. (Agriculture and Prices, iv. 505, 751-2.) In 1395 a Nottingham “layer” was charged for working two days as stone-cutter for 12d. against the law, and the jury stated that “all the carpenters, all the plasterers, all the stone-cutters, all the labourers, take too much for their craft by the day, against the statute of our lord the King.” (Nott. Rec. i. 275.) For a list of wages paid in 1464 see ibid. ii. 370-373; in 1511 iii. 328-337. In 1495 a man was employed to dig stones at 3d. a day without food.

That there was difficulty in enforcing the legal wage and that there was often a difference between the prices actually paid and those which the law books spoke of as still valid is evident from the ingenious methods in use of evading the law. Sometimes the workman was paid his board wages and given his food besides; or false entries were made in the account books; or a yearly fee was given in addition to wages; or he was paid a sum of so much a mile for coming to and going from his work; or his wages were calculated at 6d. or 5d. according to ability for 365 days in the year, against the statute which forbade the workman to receive hire for holidays or for the eves of feasts. (Rogers’ Agric. and Prices, i. 255; Work and Wages, ii. 328-330; Stat. 4 Henry IV. cap. 14.)

The legal hours of work for country labourers from March to September were from 5 A.M. till between 7 and 8 P.M., with half an hour for breakfast, an hour and a half for dinner; from September to March, from the springing of the day till the night of the same day. They were not to sleep in day-time save after dinner from May to August. (Stat. 11 Henry VII. cap. 22.) The Saturday half-holiday from noon seems to have been universal. In shops trading on Sundays, holidays and vigils was very generally forbidden in the middle of the fifteenth century, save in harvest time, and unless “great high need may excuse.” (Kingdon’s Grocers’ Company, ii. 190; Hist. MSS. Com. xi. 3, 169.) Rogers (Work and Wages, i. 180-2) calculates that an artizan working three hundred days a year could earn from £3 15s. 0d. to £4 7s. 6d., and in London might get from £6 5s. 0d. to £6 17s. 6 d. a year. Walter of Henley (ed. by Miss Lamond, p. 9) gives forty-four weeks, leaving eight weeks “for holidays and other hindrances.” But in his translation of Walter’s Husbandry, Bishop Grosseteste adds a phrase (ibid. 45) which throws a new light on the matter. “In these forty-four weeks be 264 days besides Sundays” – an explanation which certainly expands the amount of leisure allowed to country labourers, whether it applied to town artizans or no.

CHAPTER VI
THE CRAFTS AND THE TOWN

From the mediæval Craft Association to the modern Trade Union the distance, as we have seen, is great. In the guild or “mistery” of the older world, instead of associations of working men we have to deal mainly with associations of producers or middlemen, whose battle is not the organized attack of wage-earners on the profits of their masters, but an attempt of dealers and manufacturers to stand out for their interests against the whole body of consumers or against the aggressions of competing trades; while far from being a voluntary association, or a self-governed institution of spontaneous growth, its individual members were if necessary enrolled by compulsion, and governed with little regard to their own consent. But the relations between the trades and the municipalities show a yet more striking contrast. According to a modern English theory the common good is best served when we allow every artizan and trader perfect liberty to develope his own industry in his own way.267 But the mediæval world was fully convinced that since all trade and manufacture was carried on for the benefit of the public, all trade and manufacture should be subject to public control; and no one then questioned that it was the duty and the right of the State or the municipality to fix hours of labour, rates of wages, prices of goods, times and places of sale, the quality of the wares to be sold, and so on. In the interest, not of the trader or manufacturer, but of the whole community, the central government made general laws for regulating industry, and the towns carried out these laws by their officers and filled up the blanks of legislation after their own will; while in the exercise of the enormous power which law and public opinion gave to the authorities, the power of the people was supposed to be used with impartial justice alike against the dealer or the employer and the artizan or serving man, whenever individual claims clashed with what seemed to be the public advantage. Hence to the governing body of the borough the trade association was a mere matter of public convenience; and was so little regarded as depending on the free will of the craft itself that it was frequently founded by order of the town, and was invariably compelled to make submission to superior force and receive orders from its master the municipality. Unable to secure the passing of any new rule save by convincing the authorities on some pretext or other that it was devised in the interest of the whole commonwealth, the craft came at last to be considered as a society which existed mainly for the advantage of “the common people of the realm,” and indeed, bowing to a hard necessity, itself contracted the habit of solemnly disavowing any special regard for “its own singular profit,” and apologetically described itself as the humble servant of the municipality and the obedient minister of the public, in phrazes which the modern trade union would scarcely accept as an adequate description of its uses.

This service of the public, however, was in no sense a voluntary tribute of the guilds, nor did it enter in the slightest degree into their original scheme; and if through long and severe compulsion the crafts learned to wear with decorum their odd cloke of apparent devotion to the common weal, behind this ostensible policy and feigned colour of self-abnegation they had still their own purposes to serve, which were by no means the purposes of the rest of the community. Occasions of discord were probably far more frequent than provocations to unity and concord in the society of a mediæval town, with its hierarchy of struggling workers – the rising dealers, the small masters who employed two or three servants, the artizans who let down the ledge from their window to display the goods which they had themselves made, journeymen working for a statute wage, and unskilled labourers for whatever they could get – men for the most part living meagrely by incessant toil, and to whom the public, thrifty and inclined to bargains, was “the enemy”; and with its population of consumers, poor and ignorant, without the means of travelling, forced to buy what they wanted on the spot and thus deprived of such protection as may be given by a larger competition, able to afford little beyond the mere necessaries of life so that every fraud brought to them real suffering, and to whom the trader represented the ancient adversary lying in wait among the gins which he had privily set for the innocent. The thin veil of civility thrown over the situation by the polite phrazes of contemporary convention which have come down to us in ordinance and compact deceived nobody concerned; and between the “poor commons” and the whole army of crafts reconciliation never went farther than an armed truce. To the consumer the dealers seemed all alike steeped in iniquity. Shopkeepers measured out their wares “by horn or by aim of hand,” or in chance cups and dishes; and sold in dark corners where a man could not see what scamped work and deceitful goods were being handed over to him. Clothiers gave out bad yarn in scanty measure, and stretched out the list of their cloth with cunning presses “in deceit of the poor commons.” Hatters because they knew that everyone must needs wear hats charged exorbitantly for their wares, and shoemakers were no better, so that statute after statute vainly sought to mend them. Chandlers asked scandalous prices for wax candles, images, and figures, “by which means divers of the people be defrauded of their good intent and devotion.”268 “All the bakers, butchers, fishers, taverners, poulterers, chandlers, tanners, shoemakers, cooks, hostelers, weavers, and fullers,” according to the comprehensive statement of the Nottingham Mickletorn jury in 1395, were asking too high prices and selling bad goods; and they go on the next year to repeat the same complaints.269 Above all the anger of the common folk burned hot against the traders they knew best, the powerful licensed victuallers who heaped up to themselves riches with the food that should have fed the starving workers: “for took they on truly, they timbered not so high.” The “sundry sorrows in cities,” fevers and murrains and floods, or fires which burned down half the town and seemed ever to begin by the falling of a candle at a brewer’s or some “cursed place,” were the vivid testimony of the anathema of the poor and the righteous vengeance of heaven falling on the sinful traders;270 and the common rumour of the market is still heard behind the poet’s parable of the day when Guile was at the point of death, and when it was only the shopkeepers who recovered him to life:

 
“But merchants met with him and made him abide,
And shutten him in their shops to showen their ware,
And parrelled him like their prentice the people to serve.”271
 

As for the crafts, on the other hand, whether they were combinations of employers, or associations of middlemen or dealers, or unions of wage-earners, or societies of masters and men, in one respect their unanimity was unbroken; for inspired by a reasonable hostility to the consumer who wanted to cheapen their wares, they were all ranged on the same side in the common controversy as to who was ultimately to fix prices, the seller or the buyer. Then obvious policy was declared in a number of conspiracies which were constantly made in the various trades to raise prices by combination among the dealers; but unfortunately for the traders, always on the watch as they were for opportunities, they still found the public as alert as themselves, and more powerful to accomplish their will. When Edward the Third in 1331 fixed the price of wine of Gascony at 4d. a gallon the retail dealers, who had apparently found their profit best secured by the absence of any statutory prices for their goods, broke into open rebellion, and “all the taverners of the city making a confederacy and alliance among them” closed the doors of their taverns and would not allow their wines to be sold; till to “put a check upon this malignancy” the mayor and sheriffs proceeded through the city, and had the names of the taverners so closing their taverns written down, twenty-nine in number, and twelve men from each ward of the city were summoned by the authorities to decide in the name of the injured wine-drinkers upon the punishment to be awarded to the taverners for their contumacy.272 In 1363 and again in 1411 the consumer was protected by law against the rich Pepperers who had formed a company in 1345, and were accused of raising prices.273 The whole body of chandlers in Norwich were presented at the Court Leet in 1300 for a certain agreement made among themselves that “no one of them shall sell a pound of candles for less than another.”274 And in 1329 when a lime-burner of London bound all the members of his trade by oath not to sell lime below a fixed price, and “by reason of his great conspiracy” almost doubled the price of lime, the city rulers imprisoned him and the “conspiracy” was cut short.275

Alliances of this kind to increase profits or raise prices were universally met by a determined resistance on the part of the public.276 But the “poor commons” went far beyond a policy of mere self-defence. They aimed in fact at nothing less than putting the crafts altogether under the yoke of the community, at seizing the whole organization of trade which had been built up and binding it over to perpetual service. Nothing could have been more distasteful to the guilds. In the twelfth century, while municipal government was in its very infancy, they had already aimed at complete independence and a real autonomy; and certain crafts did in fact succeed in making a special bargain with the King over the heads of the local magistrates. By charters bought at Westminster fraternities were made dependent for their existence on the royal will alone; and were granted rights of supervision and jurisdiction over their workmen without any reference to the borough;277 and since in these early charters the only definite provision was that all the men of the trade in that particular district should be enrolled in the guild, the freedom of the craft as a whole remained for the moment unquestioned even if the freedom of the individual was limited. An independence so complete however was bitterly resented by town governments. In London for example the weavers lived in a quarter by themselves into which the city officers never entered. They had their own courts and special privileges, and raised their taxes through their own officers. Under the protection of the King’s writ they successfully defied the town authorities, and when in the time of Henry the Third the citizens seemed likely to overpower them by force they laid up their charter of rights in the Exchequer as a perpetual record of their privileges. The jealousy excited in municipal bodies by an alien society settled in their midst, where the town writs did not run, is not surprising. Every interest of the city was threatened – the monopoly of the sale of cloth claimed by the burgesses, the authority of the town magistrates, the orderly system of administration which the kings were building up, and the interests of the whole body of consumers. A natural apprehension of any danger to the unity of the borough was shown not only in London, but in Winchester, Oxford, Marlborough, Beverley,278 and possibly in other towns; the weavers were shut out of the franchise and all its privileges, hampered in their trade by all sorts of oppressive regulations, forbidden to buy their tools, or possess any wealth, or sell their goods save to freemen of the city, while the status of villeins and aliens in the city courts was allotted to them. But mere repression left the real evil untouched; and by 1300 the city authorities in London had found a more radical cure. The Mayor had gained the right to preside in the weavers’ court if he chose, and to nominate the wardens of the guild;279 and no sooner was all danger from an independent rule thus averted than the weavers were granted power to buy and sell “like other free citizens.”280

From this time all independent trade jurisdictions in the towns came to an end.281 No more charters such as that of the weavers were sold by the crown;282 and the crafts were presently forced to conciliate the local powers according to their measure of art or cunning – to beg from the municipal government a formal recognition for their association with such limited liberties as the town officers could be induced to give; to secure a more or less precarious existence by the payment of fines to the town treasury;283 or to wrap round them a solemn conventional disguise, and conceal wholly or in part the fact of their union for trade purposes by sheltering themselves under the form of a religious association, and seeking independence “under a feigned colour of sanctity”284 as men wholly moved by a zealous care for the souls of their dead comrades but taking no thought for the bodily welfare of living brethren.

But by whatever means the fraternities hoped to compass liberty, it was in vain that they sought to elude the heavy hand of the municipal government. Trade associations were laid hold of by the boroughs, brought under the discipline and authority of the public magistrates, and forced to take their due part in the developement of the municipal organisation.285 Towns which obtained a grant to have “all reasonable guilds” took care to maintain a reasonable authority, and craft fraternities were only given leave to exist on the express plea that they were “consonant with reason and redounding to the public honour and to the advantage of the common weal”;286 while privileges were meted out to them on the distinct understanding of the gain which was to spring from these to the whole commonalty. By a dexterous move on the part of the town governors the officers of the guild were transformed into the officers of the community, and the machinery of the guild became the means by which the public sought to provide for a full and cheap supply of the necessaries of life, and protected itself from overcharges and false measures and bad wares, from uproar and disorder, from drunken workmen, from the flying sparks of the smith’s forge, or the noise of his hammer at night. In London for example there was a constant succession of customers complaining at the Mayor’s Court of the bad bargains they had made in buying cloth, so that the fullers found themselves excessively “hard worked” in appearing at the Guildhall to examine the cloths of discontented buyers, and begged that every one might buy at his own risk.287

The masterly manœuvre executed by the town magistrates is revealed in the self-denying ordinances passed by the later guilds. Crafts “petition,” as we are gravely told, to have masters and ordinances, and these being granted the new rules turn out to be simply regulations to supply wares to the people of a fixed quality and price.288 We can scarcely believe that the farriers should of their own free will have devised the rule that if any one of them, through negligence or any excess of pride which hindered his asking advice of the craft, failed in curing a horse of sickness, “then he shall be accused thereof before the Mayor and Aldermen and be punished at their discretion, in the way of making restitution for such horse to the person to whom the same belongs.”289 Nor is it likely that masons and carpenters should have volunteered to take oath before Mayor and Aldermen that they would do their duty in their trade;290 or that the masons should themselves propose that if a mason failed to fulfil his contract certain men of the trade who acted as his securities should be bound to finish his task.291 Even the universal rule against night work was never among the London guilds (save in the single instance of the hat-makers)292 made in the interest of the working-man; but on the contrary was dictated by the sagacious observation of the buyers that “sight is not so profitable by night, or so certain, as by day —to the profit, that is, of the community;”293 and if spurriers “who compass how to practise deception in their work desire to work by night rather than by day”294 the reason given for interfering with them was that they wandered about all day idle, and “then when they have become drunk and frantic they take to their work to the annoyance of the sick and all their neighbourhood … and then they blow up their fires so vigorously that their forges begin all at once to blaze … and all the neighbours are much in dread of the sparks which so vigorously issue forth in all directions from the mouths of the chimneys in their forges.”295 Sunday closing itself was ordered as a matter of public convenience, because apprentices “could not be trusted to carry on work in the absence of their masters at church.”296

In thus bringing the crafts into subjection the towns were greatly strengthened by the sympathy of the State, which was the more inclined to make common cause with them from a growing apprehension of guilds of artificers and other labourers which in troubled times might prove centres of disturbance throughout the country. By a series of statutes the ancient powers of crafts were carefully pruned, and new authority grafted on to the town governments. “Congregations and confederacies” were jealously watched and forbidden.297 The guilds were ordered to have their charters registered, and their rules and bye-laws approved by the chief magistrates of the town. They were forbidden to make ordinances to the damage of the King or the people. Sometimes jurisdiction over their own members was taken from them; and the right of search for any articles that “be not pure lawful and able chaffers,” or even the duty of seeing that the workers were duly paid their wages in ready money, was handed over to the town officers.298

Thus it came about that by the triple alliance of the officials at Westminster with the governing class of the town and the general body of consumers, all alike bent on organizing industry in their several interests, the primitive free associations of workers were gradually forced into the singular position of deferential servants of the community. Within its own little realm each guild might use a narrow independence or a petty tyranny, but in its public aspect it could assert few pretensions.299 No craft fraternity could be formed without the leave of the municipality, and every Warden took his oath of office before the Mayor, at whose bidding and subject to whose approval he had been elected.300 The rules made by any trade for its government had no force till they had been approved by the Mayor and Corporation, enrolled by them on the city records, and sealed with the common seal.301 And since they reserved the right of making any addition to these ordinances which they might deem necessary,302 the town magistrates could interfere whenever they chose in the interests of order. Not only did they bear rule over the seller in the market, but they followed the craftsman to his little workroom and ordered every smallest detail of his trade, material, wages, apprentices, cost, the fit of a coat and the quality of a shoe, according to the laws that “reserved all time to the Mayor and to the Council of the town power to correct, to punish, amerce, and redress, as well the masters and all other persons of the said crafts, each after their deserving and trespass, as the case asketh.”303 Men who offended against the rules of the trade were brought before the town officers for punishment, and half their fines went into the town treasury.304 Even the wandering artizans who moved from place to place, who had no fixed shops and no complete guild organization, found themselves subjected to the town authorities as soon as they had crossed the borders of the borough. Carpenters, masons, plasterers, daubers, tilers, and paviours had to take whatever wages the law decreed and to accept the supervision of the municipal rulers,305 and their regulations were framed according to the convenience of the borough. Thus after the big storm of 1362 in London they were forbidden to raise their prices for repairing the citizens’ roofs;306 and the same ordinances of Worcester which direct that chimneys of timber and thatched houses should be done away with, and stone or brick chimneys and tiled roofs everywhere made by midsummer day, contain regulations for the tilers who must have flocked to the city on such an occasion. They must set up no parliament to make any one of them “as a master and all other tilers to be as his servant and at his commandment, but that every tiler be free to come and go to work with every man and citizen freely as they may accord.” No stranger tiler coming to the city was to be forced to work for any city tiler, but might take whatever work he liked by the day.307

The rapidity with which the whole movement was conceived and carried out is one of the most surprising things about it; and nothing was wanting to the thoroughness with which mediæval society carried out its theory of the use which the craft guilds might be made to serve, whether willingly or no, in protecting the interests of the public. One discovery followed on another. As the King for convenience of administration constantly delegated new powers to the Mayor, and successive Acts and Charters added to his load of responsibilities for supervising work and wages and wares, so the Mayor in his turn passed on these charges to the craft – apparently exalting its power, in reality undermining its independence. Town governors embarrassed by the difficulty of overawing a turbulent community and keeping the peace with the aid of a couple of constables, found in the guild organization an admirable machinery all ready to their hands, and turned its officers, responsible as they were for the good behaviour and order of the whole trade, into an effective city police; so that when Bristol was in danger of a general riot in consequence of the imprisonment of its Mayor, the sheriff and recorder simply summoned the masters of the various crafts, and ordered them to keep the peace in their several trades. In the same way the crafts might be charged with the duty of “setting the watch” at night.308 Difficulties of taxation were lightened by shifting responsibility from the municipal officers to the guilds – by charging for example the bakers or blanket-makers or fullers with a certain proportion of the ferm, to be collected among their members and paid in by their officers.309 If walls were to be repaired and gates and towers and piers maintained, or if the expenses of a public festival were to be met,310 the craft might again be brought into use, and for the due performance of the allotted task their common funds or individual profits might be reckoned as security.

When the town had thus laid firm hold on the guilds and discovered the various uses to which these bodies might be put in the municipal scheme, it began to look on them with as much favour as it had formerly shown distrust,311 and proceeded industriously to multiply their numbers both by creating new fraternities and reorganizing the old ones.312 The public opinion of the day showed itself strongly in favour of guilds, and indeed often outran the desires of the workin-gmen, so that the drawing together of artizans into the later craft fraternities was not always a matter of free will. If trades did not associate at their own wish they were presently forced to do so, and at the end of the fifteenth century we find the towns everywhere issuing orders that crafts which had hitherto escaped should be compelled to group themselves into companies. In Sandwich, for example, barbers, surgeons, and wax-chandlers were incorporated in 1482; and in 1494 wardens were appointed of the companies of tailors, shoemakers, weavers, and shearmen.313 In Canterbury, where a spirit of revolt against the rules of the corporation seems to have gone abroad, where strangers were setting up trades within the liberties and laws had to be made to insure their paying “reasonable fine” for so doing, where masters neglected to enroll their apprentices in the books of the Common Chamber, and where the servants in husbandry riotously resisted the Statute of Labourers, the outraged city authorities declared that the crafts needed new regulations “to maintain due order for the weal and increase of the same,” and set to work to tighten the hold of the government on manufacturer and artizan, by forcing the trades to form themselves into companies, and setting at the head of every craft or mystery two of the city aldermen.314 In very many cases the later incorporation of trades was connected with a pledge to undertake certain town works such as the building or repairing of gates;315 and here we probably find the clue to the growing custom of combining several poor societies into one substantial association. When the crafts of Canterbury began to grudge spending their money on the Corpus Christi Play and on the Pageant of St. Thomas (which had to be revived in 1504 and paid for by the corporation), and also neglected “setting the watch,” the Town Council would have none of the excuse of poverty, only made “for lack of good ordering of certain crafts within the same city not corporate”; and it was settled that every trade “being not corporate for the nonsufficience of their craft be associate, incorporate, and adjoining to some other craft most needing support, if they will not labour to be corporate within themselves”; any obstinate craft that did not make suit to the Burghmote by next Michaelmas to be incorporate was to pay 20s. and give up their bodies for punishment. The shoemakers were accordingly joined in one guild with the leather-sellers and pouchmakers, the apothecaries with the grocers and chandlers.316

266.English Guilds, cxxi. For an exception at Hull see Lambert’s Guild Life, 188. For Canterbury see H.M.C. ix. 173-4.
267.“The people must cheerfully maintain the government, within whose functions however it does not lie to support the people.” Cleveland’s Presidential Address. Mar. 6, 1893.
268.Stat. 11 Henry VI. cap. 12.
269.Nott. Rec. i. 268-272, 316-318. See also Hist. MSS. Com. vi. 582.
270.Piers Ploughman. Pass. iv. 80-118. There is an instance of a guild in which no parson, baker, or wife, was admitted. (Eng. Gilds, 271).
271.Piers Ploughman. Pass. iii. 222.
272.Riley’s Mem. 182. A summary of the conflict on the price of wine is given in Schanz, i. 642-50. By 5 Richard II. Stat. i. cap. 4 if a vintner refused to sell at the right price the mayor might deliver the wine to any buyer at statute cost.
273.Kingdon’s Grocers’ Company, i., xvii., xviii.; Schanz, i. 651.
274.Norwich Town Close Evidences (Brit. Museum.), 16.
275.Riley’s Memorials, 174-5. Many other examples might be given. A later instance occurs when the London Corporation brought a complaint against the society of hoastmen in 1603 about the raising of the price of coals in London and the scanty supply, so that “without great difficulty the city cannot be provided sufficiently of sea-coals for the poor.” The fraternity of hoastmen make a statement of their reasons concerning the prices of sea-coals to the Privy Council in answer to the complaint of the Mayor and Aldermen. (Newcastle Guilds, 44.)
276.The chief objection of the public to the “unreasonable ordinances” by which the crafts closed their corporations was the “common damage to the people,” probably as tending to raise prices. (P. 102, n. 2.) The Coventry Leet opposed the crafts in this matter.
277.These grants were all of early date, in the twelfth century. Ashley, Woollen Industry, 15-17; Madox, 26, 191, etc., 212, etc., 283-4. The Nottingham weavers paid a rent of 40s. for their guild to the King from the time of Henry the Second. For this they raised a contribution from each loom, and obtained a grant that those who paid might work in the outskirts of the town. (Nott. Rec. iii. 27, 58, ii. 36.)
278.Riley’s Lib. Cus. 130 etc.
279.Ibid. 121, 123. The survival of the weavers’ court may be seen in 1321. In certain cases where the bureller was fined by the Mayor, the weaver was punished by the bailiffs of his own guild. (Ibid. 422-3.)
280.Riley’s Lib. Cus. 423.
281.In 1327 Edward the Third granted a charter to the girdlers of London, which took in all the girdlers of the kingdom, ordered them under the same rules, and set them under the Mayors of whatever city they might be in. (Riley’s Mem. 154-5).
282.Some charters were given by Edward the Fourth and later Kings to companies of Tailors, Merchants, and so on, which gave them an existence independent of the town, and power to make their own ordinances. (See p. 173.) No list has been made out of these companies, and the subject needs investigation. From the cases which I have met with I think it may probably turn out that such charters were generally given to companies with a foreign trade, and given for reasons referring to that trade. The second charter of the Merchant Tailors in 1390 allowed them to make ordinances among themselves and of their own authority. (Clode, 3.) This charter seems to have freed them from the Mayor, but if so they were again put under his control in 1436. (Ibid. 5, see pp. 189-191, 193.) This was followed by a violent attempt in 1442 to have a Mayor of their own company, which failed and caused much anger. It is evident from the charter of Henry the Seventh, in 1502, which confirmed their independence, that they dealt in “all and every kinds of merchandises” “in all quarters and kingdoms of the world.” (Ibid. 7, 195.) By this they were again given full power to make ordinances for themselves without interference, so long as these were not contrary to the laws of the kingdom nor to the prejudice of the Mayor; and the Mayor was wholly deprived of the power of search among their subjects – a most important measure, since the master and wardens “had a great number of householders with their servants to rule and govern.” (Ibid. 197-200.)
283.Though guilds were forbidden in Norwich they existed, doubtless by the payment of annual fines. In the case of the tanners the complaint in 1287 against them was clearly that in case of disputes they “made plaint” to their own aldermen and not to the bailiffs. (Hudson’s Leet Jurisdiction in Norwich (Selden Soc.) p. 13.) The cobblers had apparently an important guild from the money paid; the saddlers, tanners, and fullers had also guilds in 1292. (Ibid. 39, 42, 43.) The King reserved the power of creating guilds, and it was possibly to prevent his exercising it that towns like Norwich and Coventry obtained by charter the right to have no guilds. Such a privilege freed them from the fear of fraternities independent of the municipality, while it left them free to recognise informally associations whose recurring fines were really the tribute paid for existence.
284.Some of those so-called religious, but really trading guilds, have been identified. It is clear that the guild of S. Benedict at Lincoln was a society of traders or merchants, who traded on loans from the common fund, paying back half of the increase they made on it. (English Guilds, 174.) Among other instances see the Guild of S. John Baptist at Hull (Lambert’s Guild Life, 112, etc. 118, 232, 233); Corpus Christi (ibid. 124); Holy Trinity (ibid. 126.) A very curious and interesting account of the formal founding of the Pepperers’ Company as the Fraternity of S. Anthony in the Monastery of Bury, 1345, is given in Kingdon’s Grocers’ Company, i., xvii. Compare the records given on 8-15. It had become the Grocers’ Company by 1373. The Drapers’ Guild in Shrewsbury was originally the Guild of the Trinity. (Hibbert’s Inf. and Dev. of Eng. Guilds, 32.) For other instances see Chapter V. The custom was so common in the fourteenth and fifteenth centuries that it is highly probable that under any stress of difficulty it would have been resorted to in earlier days. The artizans must have been fully aware of the fact disclosed to us by the two forms of summonses for guild returns issued in 1388, one for the religious and one for the trading guilds – the fact that the two forms of association were regarded in a different way by the government. Some guilds are avowedly of a double character. (English Guilds, 126-128, 179-185.)
285.See note A at end of chapter.
286.Riley’s Mem. 627; see also 118, 120-1, 153-4.
287.Riley’s Mem. 341.
288.In the second half of the fourteenth century the London guild ordinances are in the main simply rules against bad or deceitful wares. See the chandlers, curriers and pelterers, cappers, potters, &c. Riley’s Mem. 118, 358; Lib. Cus. 94, 101; goldsmiths, Schanz, i. 613-4.
289.Mem. Lond. 293.
290.Lib. Cus. 100.
291.Mem. Lond. 280-2.
292.Riley’s Liber Custumarum, 101. See the case of the weavers infra p. 160, where the craft tried to shorten hours and the town forbade it.
293.Ordinances of Pewterers. Riley’s Mem. 243. See also glovers and hatters, &c., 239, 246.
294.Ibid. 226.
295.Riley’s Mem. 226-7.
296.Ibid. 218.
297.Annual congregations made by the masons were forbidden by statute of Richard II., continued by later Kings (3 Henry VI., cap. i.). The anxiety of the government was quickened by the number of tilers who took part in the Peasants’ Revolt. (Stubbs, ii. 496.) Cf. The Common Weal (ed. Miss Lamond), 88-9.
298.Statutes of the Realm, 3 Edward IV. cap. 4; ibid. 4 Edward IV. cap. 1. A law of 1410 withdrew from the worsted-weavers and merchants of Norwich the supervision of the cloth trade that had been granted to them in 1348 (Ashley, Woollen Industry, 54-5); and handed over to the mayor, sheriffs, and commonalty of Norwich, the right of measuring and sealing all worsteds made in Norwich or Norfolk. (Blomefield, iii. 125.) A later law enacted that “the worsted shearers in Norwich shall make no ordinance but such as the Mayor and Alderman shall think necessary.” (Stat. 1494, cap. xi.) In the fifteenth century the Privy Council took away from the Bakers’ and Tailors’ Crafts in London the right of search in their trades which had been granted to their Wardens, and restored it to the Mayor, and ordered the crafts to obey the Mayor after the old usages, customs, and laws of London. 1442. Proceedings Privy Council, v. 196; Seligman, Med. Guilds, 82; Schanz, i. 617.
299.The mayor and aldermen of London had full jurisdiction over all the various trades quite early in the fourteenth century. Two master-masons were reconciled before the mayor of London in 1298. (Mem. Lond. 38.) For early part of the fourteenth century see ibid. 90, 118, 120, 153-4, 216, 156, 178, 245-6.
300.In “the ordinances of the Hull Guilds from 1490 to 1723 there is no authorization by any but the mayor of the town.” (Lambert’s Guild Life, 188.) For municipal authority over the Shrewsbury Guilds see Hibbert, 40, 85-6. For Norwich, Blomefield, iii. 130.
301.A law of 1413 ordered the registration of charters and approval of ordinances and bye-laws – a law which was repeated by the Statute of Henry VI. to prevent the masters of guilds and fraternities making ordinances to the damage of the King or the people, when it was again decreed that all their rules should be certified and registered by Justices of the Peace or by the chief magistrates of cities or towns. 15 Henry VI., cap. 6. See also 19 Henry VII., cap. 7.
302.English Guilds, 283-286.
303.Ricart, 78. The examples are too numerous to give. But see the ordinances drawn up in 1448 for the Tailors’ Guild of Lynn by the Mayor and the Council. It was ordered that no new tailor should set up in business unless he was considered “sufficient in conning” not only by the two head men of his craft, but also by the mayor. Every tailor admitted to the guild had to pay a fine as entrance fee to the Mayor and another to the community, as well as his payment to the Guild; and paid a yearly fee to the town for any sewers and apprentices whom he employed. Quarrels between shapers and sewers were to be settled by the Mayor and the head men of the craft. If a tailor sent home an ill-fitting garment the buyer might bring his complaint to the Mayor’s Court, and claim amends before the Mayor and the head men of the craft on condition of paying a fine of 3s. 4d. if he did not prove his case. (Hist. MSS. Com. xi. 3, 165-6.)
304.Miss Dormer Harris has kindly given me the rules at Coventry as to how a craft was to proceed to the punishment of a member in 1518. The master of the craft was first to ask a “reasonable penalty;” if the offender refused to pay, the master was to apply again after three or four days and have the refusal recorded; and in case the refusal was repeated a second time he and three or four of the “honest men” of the craft were to come to the mayor; and the mayor and one of the justices were to command the offender to pay a double penalty; and if he refused yet again, to commit him to prison until it was paid to the craft. At the same time the offender was to desire the master to be “good master to him and his good lover.” If the penalty were more than would suffice for a pound of wax, the remainder was to go to common box, i. e., the city funds.
305.The tilers were strictly ruled by statute as to how the various tiles should be made, thatch tile, roof tile, gutter tile, and so on; how the earth should be prepared and how big the tiles should be. Justices of the Peace, that is in towns the Mayor and the Aldermen, were to hear the cases against offenders and appoint searchers. (17 Edward IV. cap. 4.)
306.Mem. Lond. 308.
307.English Guilds, 386, 398-9.
308.Hist. MSS. Com. ix. 174.
309.Nott. Rec. i. 197. In Winchester every bureller had to give one cloth yearly to the King’s ferm. (English Guilds, 351.)
310.Enforced contribution of crafts was common; and the cost considerable. (Gross, ii. 51; Hist. MSS. Com. xi. 3, p. 166, 225; ibid. ix. 173-5.) See Kingdon, ii. 260, 318, &c. In Coventry there were complaints in 1494 that the dyers, skinners, fishmongers, &c., were so “self-willed” that they could not be made to contribute to pageants. See Hibbert’s Inf. and Dev. of Eng. Gilds, 63. For the whole question of plays and pageants see Davidson’s Studies in Eng. Mystery Plays, printed by Yale University, 1892. The Corpus Christi processions became after the order of the Council of Vienne, 1318, exceedingly popular; the guilds of Corpus Christi, having charge of the procession, not of the plays (91-2), were probably generally composed of the upper class of people. A list of Miracle Plays and Mysteries has been made for students by F. Stoddard, California University, 1887.
311.Von Ochenkowski thinks the relation of municipalities and crafts depended on the relative force of the three principles then contending for the mastery – feudal rights, the king’s will, and the common law; in the conflicts between guilds and towns he sees the alternating forces of the king’s law and of the common law. (Wirthschaftliche Entwickelung, 59-60.) Many homelier causes than this were probably at work.
312.The surprising number of guilds formed under Richard the Second and during the next hundred years must strike any one who looks at the town records. As a single example see the list given for Shrewsbury in Hibbert’s Inf. and Dev. of Eng. Gilds, 58-9. In many cases it can be proved that the new fraternity was really an old one, but its re-constitution is as important as a new creation.
313.Boys’ Sandwich, 678, 680.
314.Hist. MSS. Com. ix. 173-4. “Provided always that any such masters so elected shall be none of the same crafts or mysteries whereof they shall be elected.”
315.Boys, 685, &c.
316.Hist. MSS. Com. ix. 173-5, 148. Sometimes wealthy guilds united to gain a monopoly of power in the borough. There was a tendency to combine even in the poorer social or religious fraternities. (Eng. Gilds, 219.) A decline took place in the number of miracle plays for the crafts. Pollard’s Miracle Plays, xxx.