of twenty-four of the gild.* It was further demanded why, if any one manufactured cloth of Candlewyk street, he ought to be overlooked by the bailiffs of the gild, whether or not his work was bad and to the damage of the people; and if so, that it should be proved before the mayor of London, and the offender fined in half a mark; and moreover, that such workmen should be brought before the bailiffs of the gild, according to the constitutions, and whatever cloth or piece of cloth should be found of Spanish, mixed with English, wool, contrary to proper usage, might be adjudged to be burned? Also if any withheld from another of the gild his proper wages, and would not pay him, the gild had power by their bailiff to distrain, or have the complaint answered in their own court, and therein redressed? Why those of the gild might sell without control in London all things belonging to the mystery? And lastly, why none were allowed to work between Christmas and the Purification, or at night by candlelight, at other times proscribed?

To this, the weavers pleaded their charter from Edward I., reciting by inspeximus, and confirming the charter and grant of Henry I. and Henry II. in the following words:

"Edwardus Dei Gratia, &c. To all bailiffs and all his faithful, greeting. We have inspected the charter of the Lord Henry, of good memory, our progenitor, late king of England, made to the weavers of London, in these words:

"Henry, &c. King of England, Duke of Normandy and Aquitain, and Earl of Anjou. To all bishops, justices, sheriffs, ministers, and all other his faithful, greeting. Know ye me

Madox, speaking of the custom of common payments or dues being raised by common contribution in all the trade fraternities, illustrates his remarks by quoting the above case of the Tellarij, and adds some further particulars. His statement is, that "in the 25th year of King Edward III., Nicholas de Worstede, a weaver of the gild of the Teliers or Tellarij Londoniæ, came into the Court of Exchequer, and on behalf of the king and of the men of the said gild, complained of Giles, Spolmakere, and five others, for working in the craft or mestiere of weavery within the city of London and Southwark, they not being members of the said gild." When in an Iter holden at the Tower of London, it was found by verdict, amongst other things, that if any man of the Gild of Weavers was in arere for his share of their yearly ferm at the time, (or for any time,) he was wont to be distrained by his loome by the bailiffs of the gild, until he paid his affeceant portion of the ferm due from the gild. And that if it was found amongst them, that any weaver eloigned any goods of another weaver falsely and maliciously, provided he did not steal them, thenceforth such person was to be dismissed from the gild, and his loome, which he worked upon, was to remain in the gild towards paying the king's ferm. Firma Burgi, 283-4.

to have granted to the weavers of London, to have their gild in London, with all liberties and customs which they had in the time of Henry, my grandfather, and in such sort that none, unless by their leave, or that it be done by one of the gild, shall intermeddle with their ministers, within the city, or Southwark, or other places of London adjacent, otherwise than as was accustomed in the time of Henry, my grandfather. For which reason I will and strictly command, that wheresoever they may they shall lawfully manufacture, and shall have every thing as aforesaid in the same sort, well and peaceably, and honorably, and entirely, as at any time they might in the time of Henry, my grandfather, and more fully and entirely have had the same, on condition that they therefore render to me every year two marks of gold at the feast of Michaelmas. And I hereby prohibit any one from molesting them, under the penalty of ten pounds. Dated at Winton. Time of Henry II.

"Now we the aforesaid have ratified and approved, and for us and our heirs, as much as in us is, have accepted and allowed, and do hereby confirm, as by the said charters is reasonably testified. Dated at London, April 8, 27 Edw. I.”

To the above, Geoffrey Lescross, who followed for the king, replied. Issue was joined. The jurors gave a long and discreet verdict. Juratores, scilicet Rogerus le Palmere, and eleven others, dicunt super sacramentum suum quod,-That the Tellers had their gild, and held their court every three weeks; and quod nullus se intromisit de eoram misterio, ("probably," says Madox, "it should have been written ministerio, for that is the word used in their old charter,) either in London, Southwark, &c. ;" and the jury further found that within thirty years then last past, (when such part of their constitutions were made,) there were in the cloth business above 280 burrillers,* or, according to Madox, ustilamenta; that that number

In a petition of the London Weavers to the Commons, 1406, (7-8 Henry IV.) and which is printed amongst the Petitiones in Parliamento, they state to the effect above mentioned, viz. That the most noble King Henry, son of the Empress, the progenitor of the king that then was, by his letters patent, (which were afterwards confirmed by other the king's most noble progenitors, kings of England,) granted to his faithful lieges, the (then) weavers of the said city and their successors, "that they should have a gylde," and that none should have power to intermeddle with their mystery in London, Southwark, or the parts adjoining London, who were not of the "said gylde;" rendering therefore to the king and his successors, kings of England, yearly, two marks of gold, (equal to 20

were now reduced to 80, and of them the greater part were managed by the weavers to their own profit, and to the common hurt of the people. Also, in respect to offenders against the liberties of the gild, it was answered, That the weavers had, by their own newly-made ordinances, which were, ad dampnum et dispendium populi, assumed to punish such persons by a verdict of 24 of the gild; that their withholding wages, enforcing payment by distress of their bailiff, and determining claims of debt in their own courts, were customs which originated after the granting of their charter; their bailiff's having no power lawfully to distrain in such cases, or hold any pleadings whatever, except before the mayor and sheriffs of London.*

FOREIGN GILDS.

FRENCH GILDS.

It did not appear to Madox+ that there were any brotherhoods of merchants or tradesmen in France contemporaneous with those mentioned, although that country has been generally thought to have given rise to this species of fraternity; nor were many of those which were subsequently established known by the name of gilds, notwithstanding that the name guild or gueude, he observes, occurred there. In the town of Montreul, in Picardy, it is added, there was an ancient gueude, consisting of several merchants, the confreres of which claimed divers exemptions and immunities, the town and the gild seeming to have been consociated.

One of the most ancient of the French gilds is stated to have been that of St. Riquer, in Ponthieu, incorporated by Louis VI. in 1126; and the chief points constituting that and similar communities then in France, were "a mayor,

marks 10s. in silver:) by force of which letters patent and confirmations, they and their predecessors had used to have bailiffs and a commonalty, together with the governance and correction of their said mystery, within the city and places aforesaid. But that in the time of King Edward III. it was granted to the foreign weavers, that they should "be exempt from the said gylde," and should not pay anything towards the said ferme of two marks; and that such aliens were enabled by this means to supplant and withdraw the profits from the said mystery, whilst the petitioners alone bore the charges. And they therefore pray that such foreign weavers may be obliged, in all things, to be of their gild, and to contribute their proportions as they did. The substance of the same statement is repeated, 2 Henry V., (as see vol. v. p. 50, of the said petitions, &c.)

• Placita de Quo Warranto, 465.

+ Firma Burgi, p. 31.

(standing in place of alderman of the German and English gilds,) eschevins, like the Sadlers' gild, and a common council; or a faternity, a belfry, and a bell to convene them together, and a common seal and jurisdiction." They were soon afterwards much increased (probably adopting new customs) by Louis VII. and other French kings; as a check, it is thought, to the insolence of their overgrown vassals, the dukes, counts, &c., and to protect such subjects as held of the latter from their extravagant power: and king John of England, who created so many corporations in the next century, probably did it from the like policy, of interposing a middle, or trading class, between himself and his factious barons.

ITALIAN GILDS.

In Italy, Madox states, a mestiere, or company of citizens and tradesmen, was sometime styled an ars, or universitas. In Rome, in the fifteenth century, there was the ars mercantia pannorum, and other artes. The Company of Mercers of Rome were styled Universitas Merciariorum. In France also a company was usually called an art, mestier, or communité.+

SCOTCH GILDS.

In Scotland there were formerly many gilds, of the nature called secular, or mercantile, though none of them are to be traced beyond the Conquest. The "Statuta Gilda," or Rules of the Scottish Gilds, in Skene, on the "Regiam Magistatem," relate to trade and the burgensic life. The men of a gild were commonly called fratres and confratres; and the gild, and the town or burgh where the gild was, as in France, seem to have been generally in some sort united or consociated.‡

The laws and customs of the Scottish burghs (Leges Burgorum) were published by King David I. about 1126, and were formed in imitation of those of foreign countries, as transmitted to him from learned agents, whom he had sent thither for that purpose. This king's chamberlain is said to Ibid. p. 31.

• Firma Burgi, p. 32.

+ Ibid.

have made an annual circuit through all the burghs of Scotland, to punish crimes and take an account of each gild, (as at this day the burghers are called there,) by themselves, and of the other inhabitants by themselves. These Leges Burgorum direct, amongst other things, that all housekeepers shall find in their town "one man to watch, and knock at their doors with a staff."

In the reign of the next king, William the Lyon, it was enacted that the merchants of the kingdom should have their merchant gilds, with freedom from tolls, as in his father's reign; which merchant gilds, Anderson says, means only ordinary traders and retailers, and such as frequented fairs and markets; and the same were then so named all over Europe, as in the northern parts of this island. Thus, in a plea between the abbot of Westminster and the tradesmen. that resorted to his fair there, (30 Edw. I.) they are often called mercatores or merchants. Even every inland burgh that had a charter had a gilda mercatoria, and their ordinary tradesmen were styled mercatores. Yet, in such burghs, he adds, every inhabitant was not a burgess in regard to the freedom of tolls, and other matters, but only such as were of the gilda mercatoria, or of the freedom, and who contributed to the common charges of the burgh, as at present.‡

ENGLISH GILDS.

Granville speaks of gilds in the reign of Henry II. as common institutions.§ In the same reign, the History of

• Firma Burgi, p. 31.

In the middle ages, the business of tradesmen was principally transacted at fairs and markets. In the public processions of the city of London, we find every trade dressed alike; and tradesmen not knowing how to read and write, merchants used to form companies of comedians, learned interludes, and played on festivals, and at weddings in private houses.-Fosbr. Encyclop. of Antiq. i. p. 468: which quotes Enc. Plut. Dec. Orat. 14. Freig. in Cicer. Orat. xi. 37. Petron. i. 232-4. et Nodot. 112. Paris iii. Scriptores 2615. Froissart ix. 53. Strutt's Horda. ii. 97.

Gild, in the royal boroughs of Scotland, is still used for a company of merchants, or tradesmen, who are freemen of the borough; and each of these has a dean of gild, who is the next magistrate below the bailiff. He judges of controversies among men concerning trade; disputes between the inhabitants concerning buildings, lights, water-courses, and other nuisances; calls courts, at which his brethren of the gild are bound to attend; manages the common stock of the gild; and amerces and collects fines, &c.

§ "If a native (servus) quit for one year and a day, to dwell in any privileged town, so as to become one of the same community (scilicet gyldum), he shall be