View of the State of Europe during the Middle Ages, Vol. 3Hallam, Henry
History
View of the State of Europe during the Middle Ages, Vol. 3
Hallam, Henry
Europe -- History -- 476-1492; Middle Ages
Under such a system of arbitrary taxation, however, it was evident to
the most selfish tyrant that the wealth of his burgesses was his wealth,
and their prosperity his interest; much more were liberal and sagacious
monarchs, like Henry II., inclined to encourage them by privileges. From
the time of William Rufus there was no reign in which charters were not
granted to different towns of exemption from tolls on rivers and at
markets, those lighter manacles of feudal tyranny; or of commercial
franchises; or of immunity from the ordinary jurisdictions; or, lastly,
of internal self-regulation. Thus the original charter of Henry I. to
the city of London[43] concedes to the citizens, in addition to valuable
commercial and fiscal immunities, the right of choosing their own
sheriff and justice, to the exclusion of every foreign jurisdiction.[44]
These grants, however, were not in general so extensive till the reign
of John.[45] Before that time the interior arrangement of towns had
received a new organization. In the Saxon period we find voluntary
associations, sometimes religious, sometimes secular; in some cases for
mutual defence against injury, in others for mutual relief in poverty.
These were called guilds, from the Saxon verb _gildan_, to pay or
contribute, and exhibited the natural, if not the legal, character of
corporations.[46] At the time of the Conquest, as has been mentioned
above, such voluntary incorporations of the burgesses possessed in some
towns either landed property of their own, or rights of superiority over
that of others. An internal elective government seems to have been
required for the administration of a common revenue, and of other
business incident to their association.[47] They became more numerous
and more peculiarly commercial after that era, as well from the increase
of trade as through imitation of similar fraternities existing in many
towns of France. The spirit of monopoly gave strength to those
institutions, each class of traders forming itself into a body, in order
to exclude competition. Thus were established the companies in corporate
towns, that of the Weavers in London being perhaps the earliest;[48] and
these were successively consolidated and sanctioned by charters from
the crown. In towns not large enough to admit of distinct companies, one
merchant guild comprehended the traders in general, or the chief of
them; and this, from the reign of Henry II. downwards, became the
subject of incorporating charters. The management of their internal
concerns, previously to any incorporation, fell naturally enough into a
sort of oligarchy, which the tenor of the charter generally preserved.
Though the immunities might be very extensive, the powers were more or
less restrained to a small number. Except in a few places, the right of
choosing magistrates was first given by king John; and certainly must
rather be ascribed to his poverty than to any enlarged policy, of which
he was utterly incapable.[49]
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