The ancient townsmen were not usually strong enough to fight for their liberties, so they generally resorted to purchase; they agreed with their lord upon a price to be paid for a privilege, and were given for their money a grant, which, because it was written, was called a charter. The following charter of the Merchants’ Guild of Leicester is very early and very simple. It presupposes that there could be no doubt about the local customs, which are therefore not enumerated, and it shows that the guild of Leicester existed as a corporation at the Conquest, and must already have held property in succession and been liable to suit through two reigns:-- “Robert, Earl of Mellent, to Ralph, and all his barons, French and English, of all his land in England, greeting: Know ye, that I have granted to my merchants of Leicester their Guild Merchant, with all customs which they held in the time of King William, of King William his son, and now hold in the time of Henry the king. “Witness: R., the son of Alcitil.” The object of these ancient writings was only to record the fact of corporate existence; the popular custom by which the guilds were regulated was taken for granted; but obviously they must have had succession, been liable to suit, able to contract, and, in a word, to do all those acts which were afterward set forth. And such has uniformly been the process by which English jurisprudence has been shaped; a usage grows up that courts recognize, and, by their decisions, establish as the common law; but judicial decisions are inflexible, and, as they become antiquated, they are themselves modified by legislation. Lawyers observed these customary companies for some centuries before they learned what functions were universal; but, with the lapse of time, the patents became more elaborate, until at length a voluminous grant of each particular power was held necessary to create a new corporation. A merchants’ guild, like the one of Leicester, was an association of the townsmen for their common welfare. Every trader was then called a merchant, and as almost every burgher lived by trade, and was also a landowner, to the extent at least of his dwelling, it followed that the guild practically included all free male inhabitants; the guild hall was used as the town hall, the guild ordinances were the town ordinances, and the corporation became the government of the borough, and as such chose persons to represent it in Parliament, when summoned by the king’s writ to send burgesses to Westminster.