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.
Duties of Gildsmen.
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 Wintoniæ 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.
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].
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.