The influence and development of English gilds

by Francis Aidan Hibbert

The confiscation of monastic lands had shown how easy it was for a needy government to seize upon corporate property to its own use, and the example was not long without being followed. The statute 37 Hen. VIII. cap. 4 gave the whole property of all Colleges, Hospitals, Fraternities and Gilds to the king. Before this wholesale desolation could be effected Henry died, but Somerset obtained a renewal[117] of the grant to Edward VI.

The words of the Act are absolute in making over to the king all the lands and other possessions of Chantries, Colleges, Hospitals, Gilds and bodies of a similar nature, both religious and secular. No distinction is made as to aim or object, utility or abuse. According to the terms of the statute, we should expect every Gild and corporate body in the country to come to an end with the years 1547-8. Nevertheless though the Chantries were seized the Craft Gilds in general remained. The reason for this apparent divergence between the provisions of the statute and the facts of the case is given by Burnet.

Two parties opposed the passing of the Act. Cranmer and the best of the Reformers were grieved to see the material supports of the Church one after another torn away to prop up the failing fortunes of needy and rapacious courtiers. They desired to preserve the lands of the Chantries till the king came of age, when they hoped they might be devoted to the suitable object of augmenting the livings which had been in such numbers impoverished by the Reformation changes. On the other hand were the burgesses. These had no mind to see their own property confiscated, and their benefit societies and clubs suddenly broken up. We may appreciate the feelings of the nation respecting the proposed measure by considering what would be the effect of a statute taking over the properties of all benefit clubs, Trades Unions, Lodges of Oddfellows and Foresters, and similar associations, to-day.

Cranmer and his supporters failed to overthrow the measure in the Lords, but when it came to the lower house it was at once evident that a considerable amount of careful statesmanship and astute policy would be requisite if the statute was to pass. Apparently no opposition was expected, as the bill was already engrossed, or perhaps it was hoped that it might be smuggled through amidst the hurry of the closing session. But the government discovered that they had gone to the length of the nation’s patience. The Commons saw in its true enormity the conspiracy of the rich and powerful against the weak and poor, and this once perceived a check was given, tardy but not quite too late, to the long and disastrous course of spoliation and confiscation.

The opposition to the bill was obstinate, especially as regarded that portion which dealt with the Gilds. Led by the members for Lynn and Coventry the house showed unmistakeably that it was at length determined to submit no longer. In fact the feeling was evidently so strong that the government perceived the absolute necessity of drawing back. The mode in which this was done is explained in the following extract, which, though written from the court point of view, shows up the whole incident as a choice specimen of the statesmanship of the period.

“Whereas in the last Parliament holden at Westminster in November the first year of the King’s Majesty’s reign, among other articles contained in the Act for colleges and chantry lands, etc., to be given unto his Highness, it was also insisted that the lands pertaining to all guilds and brotherhoods within this realm should pass unto his Majesty by way of like gift: At which time divers there being of the Lower House did not only reason and arraign against that article made for the guildable lands, but also incensed many others to hold with them, amongst the which none were stiffer, nor more busily went about to impugn the said Article than the burgesses for the town of Lynn in the county of Norfolk and the burgesses of the city of Coventry in the county of Warwick.... In respect of which their allegations and great labours made herein unto the House such of his Highness’s Council as were of the same House there present, thought it very likely that not only that Article for the guildable lands should be clashed, but also that the whole body of the Act might either sustain peril or hindrance, being already engrossed, and the time of the Parliament’s prolongation hard at hand, unless by some good policy the principal speakers against the passing of that article might be stayed. Whereupon they did participate the matter with the Lord Protector’s grace and other of the Lords of his Highness’s Council: who pondering on the one part how the guildable lands throughout this realm amounted to no small yearly value, which by the article aforesaid were to be accrued to his Majesty’s possessions of the Crown; and on the other part weighing in a multitude of free voices what moment the labours of a few settlers had been of heretofore in like cases, thought it better to stay and content them of Lynn and Coventry by granting to them to have and enjoy their guild lands etc. as they did before, than through their means, on whose importance, labour, and suggestions the great part of the Lower House rested, to have the article defaced, and so his Majesty to forego the whole lands throughout the realm. And for these respects, and also for avoiding of the promise which the said burgesses would have added for the guilds to that article, which might have ministered occasion to others to have laboured for the like, they resolved that certain of his Highness’s Councillors, being of the Lower House, should persuade with the said burgesses of Lynn and Coventry to desist from further speaking or labouring against the said article, upon promise to them that if they meddled no further against it, his Majesty once having the guildable lands granted unto him by the Act ... should make them over a new grant of the lands pertaining then unto their guilds etc. to be had and used to them as before: which thing the Councillors did execute, as was desired, and thereby stayed the speakers against it, so as the Act passed with the clause for the guildable lands accordingly[119].”

Importance of the Opposition.

This remarkable document, which Canon Dixon printed for the first time, is of surpassing interest, not only to the historian of the Craft Gilds but also to the student of constitutional history. The unscrupulous recourse of the government to jobbery and corruption is not more revolting than the evidence of the increasing constitutional power of the Commons is interesting. It is evident from the account that when the country was with the house of Commons the voice of the latter could not be disregarded.

The upshot was that an understanding was entered into, to the effect that the Gild lands were to be only surrendered pro formâ, and that they should not in fact be confiscated. In most cases this arrangement was adhered to, and when the great crisis was past it was seen that the Gilds had lost their Chapels and Chantries with the fittings of these, but that their other possessions remained to them.

Need of caution.