1. As an inferior class of tradesmen they could only purchase their stock from townsmen (Gross, II. 177); they were incapable of bearing municipal office (Ibid. II. 190) and they were liable to be called upon “to be contributorie to alle the comone charges of the Citie, whan it falleth” (Ibid. II. 190). In the general course of trade but little difference might be perceptible between the tensers and the Gildsmen, but attempts to fuse or to confuse the two classes were jealously resented whenever they were discovered. Naturally these attempts to minimise the distinctions between Gildsmen and non-gildsmen were generally prompted, in later times, by political reasons. Only freemen of the town and members of the companies had the privilege of voting in Parliamentary elections, and great was the desire to obtain a position on the list of voters. In “An Account of the Poll for Members of Parliament for the Borough of Shrewsbury taken June 29 and 30, 1747” etc., information is supplied concerning certain townsmen who had claimed to be freemen but were rejected on account of having proved themselves to be otherwise by payment, in times past, of the tensers’ fines. Of John Bromhall, baker, we read “It was objected to his vote that he was no Burgess, in support of which it was proved that he had paid Tensership several years, and that his ffather had paid toll. This Tensership is a ffine or acknowledgement commonly paid by persons following trade in the town that are no Burgesses, but it being insisted that it was paid through ignorance or mistake, his ffather was called and admitted to prove that he had voted at a former election for this Borough, whereupon the Mayor admitted his vote, but upon examining a copy of the Poll for the year 1676 it appears that all the ffamily of this Bromhall were upon a scrutiny rejected as not Burgesses.”
2. They comprised also among their number many tradesmen waiting to be made burgesses. We learn this distinctly from an ordinance of the corporation of Leicester passed in the year 1467, to the effect that every person opening a shop in the town should pay yearly 3/4 till he enter into the Chapman Gild. (Nichols, County of Leicester, I. 376.) There were several causes which would account for the existence of this class. The towns grew increasingly jealous of extending their privileges, as these became valuable. The Gildsmen would also desire to learn somewhat of the character of the new-comer before admitting him to full membership with themselves; while on the other hand the latter would wish to see whether the trade of the town were sufficiently prosperous to warrant him settling in the borough permanently. This cause would specially operate in the case of the Welsh boroughs which grew up after Edward I.’s conquest of the principality.
The townsmen however did not approve of the growth of a wealthy class of traders, sharing almost equal commercial privileges with themselves and at the same time not liable to the burdens which were the necessary accompaniment of those privileges. They therefore made it incumbent upon every tenser who evidently was sufficiently satisfied with the trade of the town to make the borough his permanent home, and who had attained to a fair competency, that he should throw in his lot fully and completely with them. He must become in fact a full burgess. This is carefully explained in the Ordinances of the City of Worcester—regulations concerning the trade of the town dating from the reign of Edward IV. No. XLVII. says “Also, that euery Tensure be sett a resonable fyne, aftr the discression of the Aldermen, and that euery tensure that hath ben wtyn the cyte a yere or more dwellynge, and hath sufficiaunt to the valor of XLs. or more, be warned to be made citezen, by resonable tyme to hym lymitted, and iff he refuse that, that he shalle yerly pay to the comyn cofre XLd., ouer that summe that he shalle yerly pay to the Baillies or any other officers; and so yerly to contynue tylle he be made citezen” (English Gilds, p. 394).
3. There were, thirdly, those who had fallen from a higher state through misfortune or other cause. We read of individuals surrendering their freedom and paying the tenser’s fine. “He withdrew and surrendered the freedom to the Commonalty, and now pays toll” (Gross, II. 240).
As regarded their dealings other than commercial in nature the tendency was to assimilate the tensers and the townsmen. In a grant made to Shrewsbury by Henry VI. and confirmed by Parliament in 1445 the same privileges are extended to the tensers as are possessed by the burgesses in the matter of exemption from the necessity of finding bail in certain cases. Similarly at Worcester the “tensures” shared with the citizens the right to the assistance of the afferors in cases of wrongful or excessive amercement. (English Gilds, 394.)
Nevertheless where commercial privileges were at stake the distinction was rigidly preserved by every means in the possession of the townsmen. The tenser’s fine was maintained up to the present century, though not without considerable difficulty. On every hand there were evidences that the companies had outlived their usefulness. Friction was everywhere injuring the social machine. Competition and individualism had taken the place of custom and co-operation. At Winchester there were grievous complaints of intruders who did “use Arts, Trades, Misteries and manual occupations ... without making any agreement or composition for soe doing, contrary to the said antient usage and custome, tending to the utter undoeing of the freemen ... and decay of the same City.” Everywhere the records of the companies detail little else than summonses to intruders to take up their freedom and notices of actions at law against them for refusing to do so. General demoralisation prevailed, and the existence of a class holding such an equivocal position as that of the unfree tradesmen did not help to mend matters. The case of John Bromhall which has been mentioned above illustrates the general looseness which prevailed in all departments of municipal administration. A ludicrous incident which happened at Shrewsbury in connection with the tensers in later years is recorded by Gough in his Antiquities of Myddle, published in 1834. “This Richard Muckleston was of a bold and daring spirit, and could not brook an injury offered to him. He commenced a suit against the town of Shrewsbury for exacting an imposition on him which they call tentorshipp, and did endeavor to make void their charter, but they gave him his burgess-ship to be quiet.”
The companies were preserved from repetitions of this strange indignity by the passing of the Municipal Corporations Act of 1835, in consequence of which there could no longer be any invidious distinction between freemen and non-freemen, hansarii and custumarii, gildsmen and tensers.