In the first place, this authority attempted to regulate the conditions of labour, to fix its hours and its price. It forbade work on certain days, though it is true that it consented to many exceptions. At Rome, where religious festivals were naturally very numerous, the Pope authorized the wine-sellers and innkeepers to serve travellers, though not inhabitants of the town, on such days; the farriers to shoe horses on condition that they did not make new shoes; the barbers to dress wounds but not to shave; the grocers and fruiterers to open their shops without displaying their goods; the butchers to hang their meat, so long as it was covered up; the shopkeepers in general to leave the doors of their shops half open for the sake of ventilation.[70] In other words, trade was allowed sub rosa. The intervention of the lord in these matters was so habitual that it caused no surprise. John II. of France, in his famous ordinance of 1355, proclaimed in 227 articles a maximum tariff for merchants’ goods and the wages of the workmen. The Statute of Labourers in England in 1349 had similar objects.

The authorities interfered also in judicial matters. When there was a dispute between two guilds (and this, unfortunately, was of frequent occurrence) the case came under the jurisdiction of the lordly, communal, or royal tribunal; in Paris the matter went before the king’s provost, and in case of appeal, to the Parlement. But if the trade was held in fee, i.e. if it was under the protection of a master who held it in fee, it was he who settled the difference.

Thus long wars were waged between barbers and surgeons; at first united in one body, they wished later on to be separated; but the surgeons wanted to keep the monopoly of surgical operations, and against this the barbers protested. Now the head of the trade was the king’s barber and first valet de chambre; and in 1372 he inspired an ordinance, which reserved to the barbers the right to “administer plaisters, unguents, and other medicines suitable and necessary for curing and healing all manner of boils, swellings, abscesses, and open wounds.” This, however, did not prevent the quarrel from lasting several centuries longer.[71]

There were many other causes which led to lawsuits.[72] The guild might go to law with individuals over the possession of a house or a field, or have difficulties with the tax-collector. Often, too, the causes of dispute lay within itself and arose between officers and masters, who claimed to have been unjustly accused of wrong-doing. In all these cases it was invariably the rule to apply to the head of the craft or to the representatives of the competent authority (provost or seneschal).

In fiscal matters, the guild had obligations from which it could not escape. In the first place, the right to work, collectively and individually, had to be paid for. The first article of the statutes of the napery-weavers of Paris was couched in those terms: “No man may be napery-weaver at Paris unless he buys the right from the king.” By the application of the same principle the community had to pay a royalty to get its statutes approved, although this did not always exempt a member from having to pay down a sum in advance for permission to open a shop or hang out a sign.[73] Usually the tonlieu and the hauban were paid to the lord, though it must be clearly understood that the king and town might take his place; the tonlieu, which was paid in money, was a sum levied on the sale of merchandise in proportion to the amount sold; the hauban, which was a payment in kind,[74] exempted those who paid it from the other charges falling on the craft; it seems to have been a privilege which could be bought, or at least a sort of mutual contract or exchange between payer and paid. But the lord, apart from what he thus put straight into his coffers, levied other indirect charges on commerce and industry. If he had granted to a guild (the river merchants, for example) the river tolls, he reserved the right of free passage for everything destined for his own use. He kept for himself a certain number of lucrative monopolies.[75] He had, in the fairs and markets which he alone could authorize, the right of first choice and purchase. He demanded payment for his stamp on the weights and measures; he taxed everything which entered or left his territory; he claimed duties on the weight of goods, and on the inspection of goods and of inns. Often these rights of lordship were transferred by him to one of his officers, whose services he remunerated in this way. One curious example will suffice.[76] The Paris executioner was a great personage in those days; he walked the streets clothed in red and yellow, and was exceedingly busy, for he had to keep the gibbet at Mont Lançon supplied with humanity—and it had room for twenty-four victims; not to mention the pillories, where the minor offenders were exhibited, and the scaffolds on which the worst criminals were executed. To recompense him for his grim services he had been accorded important privileges, amongst others the right of havage; that is to say, of every load of grain taken to the corn market he claimed as much as could be held in the hollow of the hand or in a wooden spoon of the same capacity. Besides this, he collected a toll on the Petit-Pont, duties on the sale of fish and watercress, on the hire of the fish stalls surrounding the pillory, and a fine of twopence-halfpenny per head on pigs found straying in the streets.

These were by no means all the charges imposed on the guilds. They had further to guarantee certain public services. To the building guilds was assigned the provision of safeguards against fire; to the doctors’ and barber-surgeons’ guilds, the care of the sick poor and of the hospitals; to all, or nearly all, the assessment of certain taxes, the policing of the streets, and sometimes the defence of the ramparts. In Paris, where the nights were as unsafe as they were ill-lit, every guild in turn furnished, according to its importance, a certain number of men to patrol the streets and keep guard, from the ringing of curfew to the break of day, when the sergeant of the Châtelet sounded the end of the watch. The same custom was to be found in most of the free towns. A few guilds only were exempt from keeping guard, either on account of their finances or because it was considered that they had to render other services. Such, for example, were the goldsmiths, archers, haberdashers, judges, doctors, professors, etc.

On the other hand, some guilds were under special regulations, e.g. the provision guilds. The fear of scarcity, owing to the frequency of bad harvests or war and also to the permanent difficulty of communication and transport, was a perpetual menace to the towns. Their policy in this matter was nearly always that of a besieged city. The consequent legislation was, above all, communal, and was inspired by two fundamental principles: first, that on the Commune devolved the duty of seeing that the inhabitants were healthy and well fed; secondly, that the Commune, when it was short of money, had a convenient resource in the taxation of the necessaries of daily life.

Thus the Commune wanted, above all, an abundance of cheap provisions; it was anxious to avoid food crises which are generally the precursors of riots and even revolutions; and, without theorizing (nobody troubled much about theories in those days) they practised what a historian has called a sort of “municipal socialism.”[77] The Commune did not confine itself to checking the exportation of cattle or of wheat by strict prohibitions, to encouraging imports by giving bonuses, and forbidding speculations and monopolies under pain of severe punishments; it instituted the public control of grain, owned its own mills and ovens, filled public granaries at harvest time, and emptied them when prices were high; and it did all this with no idea of gain, but in order that the poor should not be condemned to die of hunger when times were bad. Sometimes the Commune owned fisheries and fish-markets (Rome); it often held the monopoly of salt (Florence); sometimes it forbade a family to keep more wine in the cellar than was needed, in order that the possibility of using it should not be confined to the rich. It was with this object in view that in the town of Pistoria it was decreed that every owner of sheep should supply at least twenty lambs from every hundred sheep, and in the district of Florence, that every peasant should plant so many fruit trees to the acre.

When the Commune did not go so far as to take on itself the supply of actual necessaries, it achieved the same end through the medium of the provision trades. This is why the millers were the objects of endless regulations intended to protect from fraud those who gave them their grain to grind. This is why the bakers were subjected to a municipal tariff, were closely watched, and were sometimes obliged to put up with the competition of outside bakers. This is why the merchants sold vegetables, fruits, oil, and wine at prices fixed by special magistrates. Besides this perfectly legitimate endeavour to guarantee the necessaries of life to every one as far as possible, there was the very similar and no less justifiable attempt to guarantee the good quality of provisions exposed for sale. The talmelier, or baker, might not offer for sale bread that was badly baked or rat-eaten.[78] Provisions for market were submitted to a daily and rigorous examination. The butchers at Poitiers had to undergo a physical and moral examination to make sure that they were neither scrofulous, nor scurfy, nor foul of breath, and that they were not under excommunication. There was the curious office of the langueyeurs de porc, who had to examine pigs’ tongues to see if they showed any signs of measles or leprosy.