A Short History of the Worshipful Company of HornersRosedale, H. G. (Honyel Gough)
History
A Short History of the Worshipful Company of Horners
Rosedale, H. G. (Honyel Gough)
Guilds -- England -- London -- History; Horners' Company (London, England)
It is mere than probable that at all times Charters were freely
purchasable by those who could afford to pay for them, and, having
served their particular purpose, were as easily lost or mislaid. For all
practical purposes, however, until the sixteenth century at least, they
offer no indication whatever of the antiquity of any Company, even where
they seem to state in the preamble that there has been no previous
Charter, a statement which should be taken only to indicate that the
Sovereign granting the Charter wishes it to be supposed that he, and he
alone, is the person to whom the Company is indebted for its privileges,
privileges which often existed only in name. In many cases the Charters
were really encroachments by the State on the ancient privileges which
had been inherited from the earliest times, and which were supported by
Municipal law, against which State law waged continuous warfare.
[Sidenote: Previous Incorporations.]
It is widely held by students who are not satisfied to be merely
superficial that in very early days aggregate bodies were deemed to have
perpetual succession without being “incorporated.” When the King granted
to a set of men to be a mercantile community, assembly, or meeting, this
was considered sufficient to incorporate them. As illustrating this
virtual “incorporation” we may note the words of the eminent jurist, Dr.
Williams, in his “Law of the Universities,” published only last year. He
says:—“A corporation, the creature of the Crown, may exist by Charter or
‘prescription,’ which presumes a Charter, even in cases where historical
evidence makes it morally certain that no Charters ever existed.”
Consequently, in the Charters of Edward III (which meant little and were
but a receipt for moneys loaned or given), there is no provision for a
common seal, liberty to accept or buy land, or to sue and be sued, etc.,
all these being naturally taken for granted in the case of Gilds or
similar organizations then existing. It is no doubt true that in the
reign of Edward III Craft Gilds were generally chartered, _i.e._, had
their privileges _confirmed_ by Letters Patent; yet, in still earlier
days, as well as after the death of Edward III, it would seem that these
bodies exercised their functions under special protection or on
suffrance, probably always in return for their “fermes” or annual
payment to the King.
[Sidenote: Horners never an adulterine Gild.]
Public-domain text, read in full here on John Shaqi.
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