A large division of the old gilds were purely social, and there is no trace of Merchant gilds before the Norman Conquest, while craft gilds did not come into existence until early in the twelfth century.
Dr. Brentano writes: ‘Though the merchant gilds consisted chiefly of merchants, yet from the first craftsmen, as such, were not excluded from them on principle, if only such craftsmen possessed the full citizenship of the town, which citizenship—with its further development—depended upon the possession of estates of a certain value situated within the territory of the town. The strict separation which existed between the merchants and the crafts probably arose only by degrees. Originally the craftsmen, no doubt, traded in the raw materials which they worked with.’[306]
Mr. Ashley is of opinion that Dr. Brentano exaggerated both the independence and the economic importance of the trade gilds.[307]
He further writes: ‘We do not know whether there had ever been a Gild Merchant in London; however, in 1191, by the recognition of its Commune, the citizens obtained complete municipal self-government, and, consequently, the recognition of the same rights over trade and industry as a Gild merchant would have exercised.’[308]
Dr. Gross, in his work on the Gild Merchant, says that he can find no evidence of the existence of a merchant gild in London. Still there were trade gilds which were aristocratic in origin, and governed by the great merchants, who were the chief landowners of London.
Mr. C. G. Crump, however, has quite lately found direct mention of the Gild Merchant of London in 1252 in a charter of that date (Charter Roll, 37 Hen. III. m. 20). While pointing out that this was apparently unknown to Dr. Gross, as he decides against the existence of any such institution, he adds: ‘This charter, while it suggests a doubt on the point, is not conclusive, because it is a very exceptional document. There is no other charter of its kind during the whole reign of Henry III., and a Chancery clerk endeavouring to draft a charter to convert a Florentine merchant into a citizen of London might well have thought fit to mention a gild merchant as a matter of common form even if none actually existed.[309]
The year 1180 is an important one in the history of gilds, for then these bodies were required to pay their fines or licences, in token and recognition of their allegiance to the Crown. There were eighteen of these, which were amerced as ‘Adulterine’ gilds—the Goldsmiths, the Pepperers and the Butchers being among them. The document containing this list is translated by Herbert in his work on the Companies,[310] where it is suggested that the fining of these proves that the gilds must have been numerous, because some of them only could have subjected themselves to the penalty.
The Mercers claim an existence at a still earlier date (1172), and when the Saddlers are mentioned immediately after the Conquest they are said to possess ‘ancient statutes.’
Gradually the influence of the craftsmen made itself felt, and the craft gilds came into existence, but the aristocratic traders would not recognise them.
The craftsmen found an enthusiastic patron in Thomas Fitz-Thomas, the popular Mayor (1261-1265). His conduct disgusted Arnold Fitz-Thedmar, the city alderman and chronicler, who complains that ‘this Mayor, during the time of his mayoralty, had so pampered the city populace, that styling themselves the “Commons of the city,” they had obtained the first voice in the city. For the Mayor, in doing all that he had to do, acted and determined through them, and would say to them: “Is it your will that so it shall be?” and then if they answered “Ya, ya,” so it was done. And on the other hand, the aldermen or chief citizens were little or not at all consulted on such matter, but were in fact just as though they had not existed.’[311]