CHAPTER II.

THE MERCHANT GILD.

[Sidenote: _Universality of Gild feeling._]

Dr Brentano[10] is particularly desirous to make it clear that he

considers England "the birthplace of Gilds." But it is scarcely necessary

to point out that the conception of the Gild belongs to no particular age

and to no particular country. Not to insist unduly on the universality of

an institution from which some writers have derived the Gilds, and to

which they certainly bear considerable resemblance, the family--common to

humanity itself--we note that the Greeks had their [Greek: eranoi][11] and

their [Greek: xunomosiai][12], and the Romans their _collegia

opificum_[13], each exhibiting not a few of the features of the mediaeval

Gilds. _Corps des metiers_ existed in France in very early times, perhaps

in direct continuation of the Roman institutions, and played a great part

in the beginnings of many towns[14]. So early as to be anterior to the

earliest known Frith Gilds, that is to say in the latter half of the

seventh century, a regularly organised system of confederation existed

among the Anglo-Saxon monasteries throughout England, according to the

rules of which the united Abbeys and Religious Houses undertook to pray

for the members, living and departed, of one another[15]:

[Sidenote: _English and Continental Gilds._]

Each of these associations, so various in date and object, bore great

resemblance to the Gilds of later times, according as the latter are

considered in the light of some one or other of their functions: now it is

the common feast, now it is the possession of corporate property, here it

is the union of all the workmen of a craft into one sodality, there it is

the association of neighbours for mutual responsibility and protection;

now it is the confraternity "in omni obsequio religionis." Such a

tendency to association is simply the result of man's gregarious nature,

and there is no need to restrict what is found alike in all peoples and

all periods. But it is none the less true that the tendency has been more

strongly marked in England than elsewhere. The earliest Gild Statutes

which have come down to us are English[16], and the development of Gilds

in England proceeded according to its normal course without being diverted

and confused by external and disturbing circumstances. The real history of

Gilds will thus be the history of _English_ Gilds, not of those of the

Continent, whose records detail rather a bitter struggle between rival

classes in the towns[17]. If the constitutional importance of the Gilds

was thus greater on the Continent than it was in England[18], this was

because _there_ a social institution was dragged out of its proper sphere

of action, and in the arena of politics was shorn of the most attractive

of its features.

[Sidenote: _Value of history of local Gilds._]

In these pages we shall be concerned solely with examples drawn from the

history of our own country. Where necessary reference will be made to the

institutions of other towns, but in general our attention will be

concentrated on one provincial borough only--a town, as we have seen, well

calculated to illustrate the social life of England in the past. It is

only by working out the several departments of local municipal history

that anything like a complete view of the subject can be ultimately

obtained[19]. In the following chapters an attempt will be made to

contribute something towards such a consummation.

The records of the later Craft Gilds at Shrewsbury are entirely

satisfactory, but unfortunately those of the Merchant Gild are of the most

meagre description. They throw but little light therefore on its functions

or history, and still less on the interesting question as to the precise

nature of the relationship which existed between the Gilda Mercatoria and

the Communa. Our attention will consequently be chiefly directed to an

examination of the history and development of the _Craft Gilds_. A few

remarks, more or less general in their scope, on the Merchant Gild seem

however to be called for, in anticipation of the history of the later

trade associations.

[Sidenote: _Growth of towns in twelfth century._]

In England, as elsewhere, the growth of the towns was one of the most

marked features of the twelfth century. This was due to various causes.

William's conquest had opened up increased facilities for communication

with the Continent: the Norman soldiers brought skilled Norman traders in

their train, and so war ministered to commerce just as subsequently the

Crusades were largely helpful to the growth of trade and the progress of

the towns. The vigorous administration of Henry I. and Henry II. had also

facilitated the expansion of industry. Henry I. favoured the rising towns

both because of their commercial utility and in order to make use of their

counterbalancing influence against the power of the Barons. Shrewsbury he

took into his own hands, having enforced the surrender of the town from

the rebellious Robert de Belesme. The amendment of the currency and the

organisation of the Courts of King's Bench and Exchequer were also as

favourable to material prosperity as were the legal reforms of Henry II.

afterwards. The circuits of the Justices Itinerant were restored, and

appeals to the king in Council were established. A further weakening of

baronial power was also effected by the destruction of the castles which

the lawlessness of Stephen's tenure of the sovereignty had permitted;

while the introduction of scutage made the king in some measure

independent of the feudal forces by enabling him to call in the support of

mercenary troops. On the other hand the Assize of Arms restored the

national militia to its old important place.

Shrewsbury had seemed to be depressed by the conquest. The town had been

granted, in the first instance, to Roger de Montgomery, whose two great

works, his castle and his abbey, yet remain. Both the earl and his works

were at first the cause of complaint. In Domesday Book it is pointed out

that Montgomery had destroyed 51 houses to make room for his castle; to

the abbey he had granted 39 burgesses; 43 houses in the town were held by

Normans and exempted from taxation. Consequently, as the same sum was

required from the town as had been paid _tempore regis Edwardi_, the

burden fell with undue hardship on the English inhabitants who remained.

But the ultimate result of both castle and monastery was beneficial to the

town. The latter attracted trade and the former protected it[20], and

Shrewsbury early became a commercial centre of some importance.

[Sidenote: _They differed little from country, except in possession of a

Merchant Gild_]

The towns at this period differed but little from the country. They both

engaged in agriculture as well as trade; they were alike governed by a

royal officer, or by some lord's steward. In the towns the houses were of

course more closely clustered, and a further difference arose afterwards

in the fact that a freeman in the town, when admitted to the Gild, might

be landless[21]. The chief distinction indeed between town and country lay

in the fact that the former had a Merchant Gild.

[Sidenote: _to preserve peace._]

The origin of such commercial unions is lost in the dimness of antiquity.

Even in Anglo-Saxon times Dover had its Gildhall, and Canterbury and

London are said to have been also possessed of trading associations. They

came into being at first probably to preserve peace. At the date of the

Conquest the right of jurisdiction almost invariably belonged to whoever

held the town, but we cannot conceive that Roger Montgomery's successors

would be likely to concern themselves overmuch with internal police. As a

fact it would rest with the burghers themselves to protect their goods

and persons from mishap.

[Sidenote: _A.-S. Frith Gilds._]

[Sidenote: _Trade regulations._]

[Sidenote: _Royal authorisation: earliest mention._]

Frith Gilds, with much the same objects, had been common anterior to the

Conquest[22]. In most places where there was a market it was essential

that some recognised authority should be in existence to keep the peace,

as well as to be witness to sales[23]. The "laws of the city of London"

were apparently drawn up with the express design of supplementing

defective law[24]. They exhibit to us a complete authority for the

supervision of trade, corresponding to the later Merchant Gild in nearly

every particular: there is the common stock, the head man, the periodical

meetings at which "byt-fylling" plays its usual important part[25]. The

"ordinance which King Ethelred and his Witan ordained as 'frith-bot' for

the whole nation" imposed the duty of pursuing offenders on the town to

which they belonged[26]. There was thus evidently some organisation within

the boundaries of the town, and as the chief of the burgesses forming this

organisation were also the chief merchants (since trade was the

_raison-d'etre_ of the towns) it soon began naturally to frame commercial

regulations[27]. So the Town Gild became, when, after the Norman Conquest,

trade had assumed important dimensions, the Gilda Mercatoria with

exclusive powers and privileges by royal charter. The earliest

unmistakable mention of a Merchant Gild is at the end of the eleventh or

the beginning of the twelfth century[28]. Under Henry I. grants of

Merchant Gilds appear in one or two of the charters granted to towns[29],

and under Henry II., Richard and John they become more frequent[30].

Shrewsbury was one of the few which had the Merchant Gild confirmed as

early as the reign of Henry II.[31]

By these charters what had originally been a voluntary association now

became an exclusive body to which trade was restricted.

Important as were the advantages gained by the procuring of such royal

authorisation, these charters only set the seal to what had existed in

effect before. The landed and mercantile interests were practically

identical within the towns: the great merchants were also the great

landowners; the Gilda Mercatoria could thus frame regulations which it

would be extremely difficult for any trader to disregard[32].

[Sidenote: _Functions._]

Besides, the benefits which resulted from common trading would be too

obvious for any individual who could procure entrance into the Gild to

abstain from doing so. It was far more to the common interest that one

representative should buy for all and then divide the purchase equitably

than that each should compete with each and so minister simply to the

profit of the seller.

There are several examples of such combined purchasing by a royal or

municipal officer in towns where there was no Merchant Gild[33]. It was

however generally effected by means of the latter, the granting of which

meant the according of permission to the members to settle for themselves

their custom in buying and selling.

The retail trade within the town was restricted to their own members

individually, and the wholesale trade coming _to_ the town was reserved to

themselves collectively. Members of the Merchant Gild alone might sell

within the walls, and traders coming from without might sell only to the

Merchant Gild.

There was no danger then as there would be now of such a practice driving

all trade away from the town, for the restrictions in force at one place

would be paralleled almost exactly in every other. At the periodical fairs

alone did free trade prevail.

But the exclusive privileges might be exceedingly harmful if the main body

of householders were not members of the Merchant Gild. It was then the

fact that the restricted trading was not "to the advantage of the

community of the borough but only to the advantage of those who are of the

said society[34]." When however the great majority of the householders

were members of the trading corporation the arrangement would work well

and beneficially for the whole town.

[Sidenote: _All Burgesses are Gildsmen._]

The effect of the granting of royal authorisation was, therefore, to

finally draw all burgesses into the Gild, for all townsmen of any

importance were traders. The records of the Shrewsbury Merchant Gild,

though of the scantiest description, are sufficient to show how

comprehensive was its range. All branches of trade were, at least down to

the time of Edward I., represented in it[35]; it comprised every rank and

degree, proportioning its fines and payments accordingly. The progress of

the fusion of races is shown by the lists of names, which are both Saxon

and Norman in indiscriminate order.

[Sidenote: _Duties of Gildsmen._]

[Sidenote: _Tendency to amalgamation of Gild and Communa._]

So closely indeed did the practical boundaries of Gild and town coincide

that in many places the former seemed to become the Communa, when the

kings began to grant charters of incorporation. Richard I. can even say

that all the privileges of his charter are granted "_civibus nostris

Wintoniae de gilda mercatorum_[36]," seeming to imply that at Winchester at

least there were no citizens extraneous to the Merchant Gild. The villain

flying from his lord could only be admitted to freedom through the

machinery of the Merchant Gild. The Merchant Gild was ready to the hand of

the burgesses as a centre, and the only centre, round which to rally when

engaged in defending their liberties or in procuring fresh privileges. On

the other hand the existence of such a secure and wealthy body, which

would be at all times able to ensure payment of the _firma burgi_, and

the frequent royal assessments which were laid upon the towns, would be an

additional inducement to the kings in granting the charters of liberties.

Glanvill, in the time of Henry II., doubtless already looked on the

Merchant Gild and the Communa as, for all practical purposes,

identical[37], from which the inference seems to lie that the possession

of such a gild had thus early come to be looked upon as the sign and

symbol of municipal independence. It is true that a town _might_ become a

free borough without possessing a Merchant Gild, but this would be an

exception to the general rule. It would be similar to the case of a free

borough not holding the _firma burgi_: such a contingency was possible but

unusual. To the mind of the lawyer therefore the possession of a Merchant

Gild seemed the necessary precursor of a royal charter of privileges. And

in practice this was found to be, speaking generally, the case.

This apparent identity of Burgesses and Gildsmen would find palpable

expression in the fact of the Gild Hall becoming the Town Hall. This

naturally did not take place to any considerable extent before the 14th

century, though during that period it became fairly common. It may have

been that the Merchant Gild permitted the use of its Hall for public

purposes, at first only occasionally and then more and more frequently

until at length what had been exceptional became normal (either through

precedent or purchase[38]); certain it is that the two names of Gild Hall

and Town Hall became practically synonymous in about the 14th and 15th

centuries. This had been foreshadowed at an early date. Domesday Book

spoke of the "gihalla Burgensium[39]" at Dover.

At Shrewsbury, in a charter of 1445, the Town Hall is called, as it is at

this day, the Gildhall.

[Sidenote: _But all Gildsmen not Burgesses._]

But the _ideas_ of Gild-members and townsmen were long kept separate.

Burgess-ship depended on residence[40] and the possession of a

burgage-tenement, but not so membership of the Merchant Gild, which often

comprised among its numbers many outsiders[41]. In this way the two bodies

were clearly distinguished. At Ipswich it was ordered in John's

charter[42] that the statutes of the town were to be kept distinct from

those of the Gild "as is elsewhere used in cities and boroughs where there

is a Gild Merchant," for the latter would probably consist of both "de

hominibus civitatis" and also "de aliis mercatoribus comitatus[43]."

Ecclesiastics[44] and women might also be members of the Gild, but of

course could not be burgesses. Such members had, in some towns, to pay

additional fees[45].

[Sidenote: _Distinction between Gild and Communa preserved in Charters,

but not in practice._]

The charters were always granted to the "Burgesses," without reference to

their capacity as Gild-members, except in the cases where the privileges

granted were such as would only concern members of the Gild. It was the

"burgesses" who purchased the _firma burgi_ and who paid such goodly sums

for trading and other privileges. But in making up these payments they

were glad to avail themselves of the assistance of the non-burgess

merchants, not the least of whose recommendations seemed doubtless to lie

in the share they were willing to bear in contributing to the periodical

tallages and similar royal charges. They were indeed as a document

expresses it most serviceable when it was requisite "_defectus burgi

adimplere_[46]." Although in name it was the burgesses who paid the money

and who purchased the _firma burgi_, it was in fact the Merchant Gild

which bore the largest part.

In another way also the "foreigners" who were members of the Merchant Gild

were useful to the burgess-members of it.

During earlier years all the Craftsmen who so desired, and could afford

the necessary payments, were admitted into the Gild of Merchants. The

designation 'merchant' was then extended to all who engaged in trade. But

as the Gilda Mercatoria became in practice more and more identical with

the Communa the idea seems to have grown up that landless men, renters of

their shops within the towns, should not be admitted to the Gild.

[Sidenote: _Gild seems to become Communa._]

For in this period, that is during the 14th and 15th centuries, the old

democratic government of the towns was giving place to a close governing

council[47]. This was in no sense the Merchant Gild, though probably all

the members of the select body would be members of the Gild[48]. Being

also the most important of its members they would be able to use its

influence for their own ends, and in these measures they would generally

have on their side the majority of the "foreigners," who would not know or

care much about the internal concerns of the town. Thus it came about that

having secured important trading privileges the influence of the Merchant

Gild was chiefly directed, though by a small coterie of its members,

towards municipal rather than mercantile objects.

[Sidenote: _Rise of Craft Gilds favoured by Merchant Gild and Communa._]

[Sidenote: _This favour natural under the circumstances and proved by the

Charters._]

These latter it left to be dealt with by the new companies into which the

craftsmen were beginning to amalgamate. In this action they were helped

and encouraged by the Merchant Gild, or as it now was in practice, the

municipal authority. It is a mistake to speak of the rise of the Craft

Gilds in England as a movement bitterly hostile to the Merchant Gilds and

therefore strenuously opposed by the latter. The reverse was the fact. The

increased complexity of the task of regulating trade, as division of

labour developed and commerce expanded its bounds, became difficult, and

the central body was for this additional reason glad to depute its powers

to, and to exercise its functions through, smaller and specialised

agencies. The charters of the Craft Gilds too contain no articles which

would stand the members in stead in a conflict with a higher power,

whereas if these charters had been the hardly-won prize of a severely

contested struggle they would assuredly have contained some bitter

articles in consequence of the past and in preparation for the future. We

shall however examine the rise and history of the Craft Gilds in the

subsequent chapters.

[Sidenote: _Summary._]

The substance of the foregoing paragraphs may be briefly summarised thus.

The most noticeable feature in the Economic history of England during the

years immediately succeeding the Norman Conquest was the growth of the

towns. They differed however but little from the country districts in

government except in the particular that they possessed a Merchant Gild.

These trading corporations are first unmistakeably perceived soon after

the Conquest, originating probably in the need which arose, as the towns

increased in wealth and importance, for the existence of some authority to

preserve peace within their borders, as without peace and order trade

could not prosper.

Such an union for securing internal peace, consisting as it did of the

principal persons interested, easily went on to enact commercial

regulations. These were, on the one hand, the reserving to its own body

the privilege of purchasing the stock of the foreign merchant, and, on the

other, restricting the right of selling within the town to its own

members. Royal authorisation set the seal to this practice. When the kings

began to give charters to the towns, the legal recognition of their

Merchant Gild was one of the chief of the privileges desired by the

townsmen.

This restricted trading was not prejudicial to the town because

practically all the burgesses were members of the Gild. If they all were

not Gildsmen _before_ the royal authorisation they would be likely to

become so afterwards.

But all Gildsmen were not burgesses. The latter _must_ be residents: the

former frequently included outsiders among their number.

Nevertheless as the years went by, the Gild seemed to become the Communa,

even as the Gild Hall became the Town Hall. Various reasons conduced to

this. There were practically no burgesses extraneous to the Merchant Gild,

though there were often Gildsmen who were not burgesses. The Merchant Gild

was the only machinery for freeing the fugitive villain after a year and a

day's residence in the town. It also afforded the best, and as a fact the

only, centre round which the burgesses could rally in the defence of their

old privileges or in the struggle for fresh ones. Its wealth and stability

were also an additional inducement to the kings in granting to the towns

their _firma burgi_. In theory the Gilda Mercatoria might be kept distinct

from the Communa, but in practice the two bodies were found to be

identical. But the later Communa did not take cognisance of trade affairs

except indirectly through the Craft Gilds which the increasing complexity

of trade was calling into being. Many of the members of these latter

bodies were members of the Merchant Gild, and to them were added large

numbers of the lesser craftsmen. The Craft Gilds specialized the work of

the Merchant Gild, which gradually ceased to discharge any important

office as a collective whole, though through the many branches into which

it had ramified its influence continued to be of the greatest importance

to the welfare of town and trade.

NOTE 1.

LIST OF MERCHANT GILDS.

The following is an attempt to construct a table of grants of the Merchant

Gild (down to 1485), in chronological order, and showing also, where

possible, by whom the grant was made.

Unfortunately the list is in several cases only approximately correct, as

the document from which I have obtained my date shows that the Merchant

Gild has evidently been granted at some previous time. In all cases

however the earliest known mention of the Gild is given.

In compiling this table I should acknowledge my plentiful use of the

materials recently made available in _The Gild Merchant_, by Charles Gross

(Oxford, 1890).

_William II. and Henry I._ (1087-1135)

Burford 1087-1107 Earl of Gloucester

Canterbury 1093-1109

_Henry I._ (1100-35)

Wilton 1100-35 King

Leicester 1107-18 Robert, Earl of Mellent

Beverley 1119-35 Abp Thurstan of York

York 1130-31

_Stephen_ (1135-54)

Chichester King

Lewes Reginald de Warrenne

_Stephen and Henry II._ (1135-89)

Petersfield

_Henry II._ (1154-89)

Carlisle King

Durham

Fordwich

Lincoln King

Oxford

Shrewsbury King

Southampton King

Wallingford King

Winchester King

Marlborough 1163 King

Andover 1175-6 King

Salisbury 1176 King

Bristol 1188 John, Earl of Moreton

_Richard I._ (1189-99)

Bath 1189 King

Bedford King

Gloucester

Nottingham John, Earl of Moreton

Bury S. Edmund's 1198

_John_ (1199-1216)

Chester 1190-1211 Earl of Chester

Dunwich 1200 King

Ipswich 1200 King

Cambridge 1201 King

Helston 1201 King

Derby 1204 King

Lynn Regis 1204 King

Malmesbury 1205-22

Yarmouth 1208 King

Hereford 1215 King

Bodmin 1216 King

Totnes 1216 King

Newcastle-on-Tyne 1216 King

_Henry III._ (1216-1272)

Preston

Haverfordwest

Portsmouth

Worcester 1226-27 King

Bridgenorth 1227 King

Rochester 1227 King

Montgomery 1227 King

Hartlepool 1230 Bp of Durham

Dunheved (Launceston) 1231-72 Richard, Earl of Cornwall

Newcastle-under-Lyme 1235 King

Liskeard 1239-40 Richard, Earl of Cornwall

Wigan 1246 King

Sunderland 1247 King

Cardigan 1249 King

Reading 1253 King

Scarborough 1253 King

Guildford 1256

Kingston-on-Thames 1256 King

Boston ? 1260

Macclesfield 1261 King

Coventry 1267-68 King

Lostwithiel 1269

_Edward I._ (1272-1307)

Berwick

Bridgwater

Congleton Henry de Lacy

Devizes King

Welshpool Griffith, Lord of Cyveiliog

Aberystwith 1277 King

Windsor 1277 King

Builth 1278 King

Rhuddlan 1278 King

Lyme Regis 1284 King

Caernarvon 1284 King

Conway 1284 King

Criccieth 1284 King

Flint 1284 King

Harlech 1284 King

Altrincham 1290 Hamon de Massy

Caerswys 1290 King

Overton 1291-2

Newport (Salop) 1292

Chesterfield 1294 John Wake

Kirkham 1295 King

Beaumaris 1296 King

Henley-on-Thames 1300 ? Earl of Cornwall

Barnstaple 1302

Newborough 1303 King

_Edward II._ (1307-1327)

Llanfyllin

Ruyton 1308-9 Earl of Arundel

Wycombe 1316

Bala 1324 King

_Edward III._ (1327-1377)

Gainsborough Earl of Pembroke

Bamborough 1332

Grampound 1332

Lampeter 1332

Denbigh 1333 King

Lancaster 1337

Cardiff 1341 Hugh le Despenser

Nevin 1343-76 Prince of Wales

Llantrissaint 1346 Hugh le Despenser

Hedon 1348 King

Hope 1351 Prince of Wales

Pwllheli 1355 Prince of Wales

Neath 1359 Edward le Despenser

Kenfig 1360 Edward le Despenser

Newton (S. Wales) 1363 Prince of Wales

_Richard II._ (1377-1399)

Axbridge

Newport 1385 Earl of Stafford

Oswestry 1398 King

_Henry IV._ (1399-1413)

Saffron-Walden

Cirencester 1403 King

_Henry V._ (1413-1422)

None

_Henry VI._ (1422-1461)

Plymouth 1440

Walsall 1440

Weymouth 1442

Woodstock 1453 King

_Edward IV._ (1461-1483)

Ludlow 1461 King

Grantham 1462

Stamford 1462

Doncaster 1467

Wenlock 1468

_Richard III._ (1483-1485)

Pontefract

NOTE 2.

LIST OF TRADES, HANDICRAFTS AND PROFESSIONS COMPRISED IN THE LISTS OF

MEMBERS OF THE SHREWSBURY MERCHANT GILD.

apotecarius, specer, spicer--apothecary

aurifaber--goldsmith

baker, bakere, pistor, pictor--baker

barber, tonsor, tyncer--barber

bercarius, tannator, tanner--tanner

botman--corn-dealer

brewer--brewer

carnifex--butcher

carpentarius, faber--carpenter

carrere--carrier

cementarius--? plasterer

cissor, tailur, taylor, tayleur, parmentarius, parminter,

parmonter--tailor

clericus--clerk

cocus--cook

colier, coleyer--collier[49]

comber--? wool-comber

corvisarius, gorwicer, cordewaner, sutor--shoemaker

coupere, hoppere (?)--cooper

deyer--dyer

forber--sword-cutler

ganter, cirotecarius, glover--glover

garnusur--garnisher

grom--groom

gunir, gynur

harpour--harper

haukerus, hawkerus, hawker--hawker

justice--judge

leche--leech

loxmith, locker, lok--locksmith

mason--mason

mercer--mercer, merchant or retailer of small wares

molendarius--miller

palmer--

pannarius--draper, clothier

petler, ? pelterer--seller of skins

piscator--fisherman

potter--potter

prest, presbyter--priest

sadeler--saddler

scriptor--transcriber

sherer, shearman--clothworker

tabernarius, taverner--tavern-keeper

teynterer--

walker or waller--? builder

webbe--weaver

wodemon--woodman

wolbyer--wool-buyer

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