[231] This uniformity is well illustrated in the later ordinances of the Hull Guilds. (Lambert, Two Thousand Years of Guild Life; Gross, ii. 272.)
[232] Clode, Merchant Tailors, p. 2.
[233] In 1311 the “hatters” and the “dealers who bought and sold hats” in London were two quite distinct callings. (Riley’s Mem. 90.) The distinction was well known in 1327 between the saddlers and the various orders of workmen employed in manufacturing for them. (Ibid. 157-8.)
[234] A separation of the guilds into these groups is sufficient of itself to shew of how little value the generalizations of Marx are as to the relations of the crafts to capital; and how misleading it is to represent the guilds as providing the main opposition to merchants or capitalists, especially in the matter of refusing the supply of labour. (See Marx i. 352.)
[235] Seligman (Two Chapters on Mediæval Guilds, 69) states that the crafts were not charitable associations giving relief to poor members till the fifteenth century. Out of twelve crafts mentioned in English Guilds, nine gave relief to poor, and three do not mention it. For the Braelers in London, 1355, see Riley’s Mem. 277; the White tawyers, 1346, ibid. 232; the Lorimers, 1261, Liber Cust. 78-80. Most of the ordinances in Riley’s Mem. make no mention of relief, but the ordinances are so manifestly incomplete—merely additions or alterations made for some special purpose—that no argument can be drawn from them. The vast majority of religious or social guilds had some charitable provisions, and in many cases these were certainly trade guilds. The probability seems to lie on the side of help given to poor members from the first.
[236] The way in which the guilds fought in defence of their voluntary courts of arbitration, and the objection of the towns to these, is in itself proof enough of the importance to their members of a tribunal, however voluntary and arbitrary, which might relieve them from the interference on every occasion of the local magistrates, and the party politics of the town. The advantages of association in case of being called before the greater courts is evident from the account of mediæval procedure given in Sir J. Stephen’s History of the Criminal Law. The illustrations afforded by the Paston Letters are without number. See Manorial Pleas (Selden Soc.), 136. For the heavy cost involved by the corrupt practices of lawyers, judges, pleaders, and attorneys, see the action brought in 1275 by an advocate against an employer who had withdrawn from the case; the advocate sues for his fees and also for having been prevented by the stopping of the case from getting a very large sum of money out of the other side. (Ibid. 155-6.)
[237] It was a disgrace to the lord if any of his “livery” appeared in the law courts. The protection extended to the members of a craft was really efficient. See the punishment of a grocer who in 1404 had turned another of the company out of his house. (Kingdon’s Grocers’ Company, i. 93.)
[238] The grocers in London claimed control over every one who kept a shop of spicery even if he did not wear their livery (Kingdon’s Grocers’ Company, i. 66); but those who refused the livery were fined. The liveried members paid 2s. 6d. for the dinner, and “every man out of the clothing as us seemed they might bear.” (Ibid. ii. 239, 258.) A list was kept of those who wore the livery, those who wore gowns, and householders and bachelors not in livery. (Ibid. 175-177.)
[239] These divisions must be taken in a general sense. Five orders are mentioned among the Merchant Taylors (Clode, 8-9); but these really fall into three main groups. For our present purpose the “Bachelors,” an intermediate rank formed in some of the richer crafts, may be omitted.
[240] See Du Cange.