The Saxons in England, Volume 2 (of 2): A history of the English commonwealth till the period of the Norman conquestKemble, John Mitchell
History
The Saxons in England, Volume 2 (of 2): A history of the English commonwealth till the period of the Norman conquest
Kemble, John Mitchell
Great Britain -- History -- Anglo-Saxon period, 449-1066
The general outline of an urban constitution, in the earlier days of the
Saxons, may have been somewhat of the following character. The freemen,
either with or without the co-operation of the lord, but usually with
it, formed themselves into associations or clubs, called _gylds_. These
must not be confounded either on the one side with the Hanses (in
Anglosaxon Hósa), i. e. trading guilds, or on the other with the guilds
of crafts (“collegia opificum”) of later ages. Looking to the analogy of
the country-gylds or Tithings, described in detail in the ninth chapter
of the First Book, we may believe that the whole free town population
was distributed into such associations; but that in each town, taken
altogether, they formed a compact and substantive body called in general
the _Burhwaru_, and perhaps sometimes more especially the _Ingang
burhware_, or “burgher’s club[799].” It is also certain from various
expressions in the boundaries of charters, as “Burhware mǽd,” “burhware
mearc,” and the like, that they were in possession of real property as a
corporate body, whether they had any provision for the management of
corporation revenues, we cannot tell; but we may unhesitatingly affirm
that the gylds had each its common purse, maintained at least in part by
private contributions, or what we may more familiarly term _rates_
levied under their bye-laws. These gylds, whether in their original
nature religious, political, or merely social unions, rested upon
another and solemn principle: they were sworn brotherhoods between man
and man, established and fortified upon “áð and wed,” oath and pledge;
and in them we consequently recognize the germ of those sworn communes,
_communae_ or _communiae_[800], which in the times of the densest
seigneurial darkness offered a noble resistance to episcopal and
baronial tyranny, and formed the nursing-cradles of popular liberty.
They were alliances offensive and defensive among the free citizens, and
in the strict theory possessed all the royalties, privileges and rights
of independent government and internal jurisdiction. How far they could
make these valid, depended entirely upon the relative strength of the
neighbouring lord, whether he were ealdorman, king or bishop. Where they
had full power, they probably placed themselves under a geréfa of their
own, duly elected from among the members of their own body, who
thenceforth took the name of Portgeréfa or Burhgeréfa, and not only
administered justice in the burhwaremót or husting, on behalf of the
whole state, but if necessary led the city trainbands to the field. Such
a civic political constitution seems the germ of those later liberties
which we understand by the expression that a city is a county of
itself,—words once more weighty than they now are, when privilege has
become less valuable before the face of an equal law. Nevertheless there
was once a time when it was no slight advantage for a population to be
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