6 S2014 Courts, Goivernment and Guild

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The role of guilds in the economy and local government of 15th century England. Doctors and lawyers.

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6 S2014 Courts, Goivernment and Guild

  1. 1. Government and Guilds
  2. 2. Medicine
  3. 3. Master Surgeons • Faithfully follow their calling • Take reasonable payment for their services, • Present to the mayor and aldermen the defaults of others who undertake cures; • Be ready to attend the maimed and wounded at all times; • Give truthful information to city officers concerning the maimed, wounded, and others if they be in peril of death.
  4. 4. John Arderne (1307−1377) • Surgeon and author • Practica of fistula-in-ano – instruments used, – step- by-step account of the operation, – complications – dressings, ointments, and other medicaments to be given to the patient afterwards • De cura oculorum
  5. 5. Arderne performing fistula operation Surgical Instruments
  6. 6. Arderne ‘Zodiac Man’
  7. 7. Arderne’s practice • Opium to be used as a soporific as as an external anaesthetic that the patient ‘schal slepe so that he schal fele no kuttyng', • Dress wounds "with clean sponges wrung out of very hot water,” and “ not oftener than every third day” • “A leech should not laugh nor talk too much, and as far as possible he should avoid the company of knaves.”
  8. 8. Zodiac Man Times for surgery Medical text (~1486)
  9. 9. Vein Man (~1486)
  10. 10. Regulation • Depend on self-regulation of trades – Vintners inspected wines brought into the city – Grocers, Drapers, Goldsmiths and other guilds oversaw the goods and manufacturing related to their mysteries • Surgeons and Barber-Surgeons’ guilds were empowered by the mayor to control surgical practice. • 1423 Conjoint College of Physicians and Surgeons was founded with a mandate to oversee surgery and medicine in London.
  11. 11. 1424 Forest v. Rolf, Harwe, Dalton • Hand wound continued to bleed • Rolf, barber-surgeon, brought in Dalton, fellow barber-surgeon and John Harwe, surgeon • Cauterization succeeded but left Forest’s hand disfigured
  12. 12. Jury Decision − Forest Case • Astrological signs were unfavorable to Forest's recovery because the moon, a bloody sign, was in the constellation of Gemini which governed the arms and legs. • Patient had chosen mutilation over death • Surgeons had acted in correct manner
  13. 13. Courts • The higher courts: Exchequer, Common Pleas, Chancery, King’s Bench • Local courts – Manorial courts – County and borough courts • Justices of the Peace
  14. 14. Court of the Exchequer
  15. 15. Court of the King’s Bench
  16. 16. Court of Common Pleas
  17. 17. Court of Chancery
  18. 18. Uses • Right to enjoy the benefits of property) whether the owner of the right has ownership of title or not. • Under English Common Law "use" of real property became extremely important since title could not be conveyed outside a family line due to "restraints on alienation," so "use" of the property was transferred instead.
  19. 19. Chancery • A record office with custody of the great seal • Chancellors – bishops and archbishops • Becomes focus of disputes about records • Questions about Crown property – the “Latin side” • “English side” with pleading and records in French and English
  20. 20. Reasons to Allow Uses • Posthumous payment of debts • Prayers • Full transfer to purchaser without problems of dower rights • Control by a father over his widow/heirs
  21. 21. Cases for Chancery • Lack of written satisfaction of debt • Cases not covered by common law
  22. 22. Operation of Chancery Court • “Court of Conscience” • Some cases decided by common law • Decisions generally not recorded • Decisions apply to the person involved only
  23. 23. Variations in orthography 14th/15th centuries Type I Midlands Type II 14th C. London Type III Chaucer Type IV Chancery such sych suche swich suche they þey hij they they gave zouun yafe yaf gaf their her hire hire theyre
  24. 24. Law Question • Suppose that as a result of knight-service to the king, a man holds land in two different English counties— in Norfolk and in Suffolk. He has two sons but dies while they are still minors. The laws of Norfolk provide that the elder son is the heir. The laws of Suffolk provide that the younger son is the heir. When the elder son comes of age, in what way can he claim ownership in the tenements in Suffolk?"
  25. 25. Answers The award in Suffolk was based on an assumption that the elder son was illegitimate. 1. The eider son, when he comes of age, may take possession by force and the younger son can then sue. 2. With two competing claims, neither son can gain possession until there is a decisionfrom Chancery.
  26. 26. London Government • Mayor – Wards- aldermen – Freemen (but not freewomen) • Assize of Bread, Wine, Ale, Nuisance and Building – Established standards and enforced them (Hustings courts)
  27. 27. Independence of Boroughs • Royal charter to incorporate as a county (Bristol, 1373; York, 1396; Newcastle-on-Tyne, 1400; Norwich, 1404; Lincoln, 1409) • 1440 Plymouth by Act of Parliament • Own sheriff • Control of vacant land; purchase of land – Income from rents
  28. 28. Five Points Royal sanction to existing practices 1. Right to acquire land in mortmain (perpetual) 2. Right of perpetual succession 3. Right to sue and be sued 4. Right to issue by-laws 5. Right to a seal
  29. 29. Charters • Boundaries • Election of officials • Fairs and markets • Tolls • Exemption from local abbeys • Parliamentary representation
  30. 30. The Chartered Guilds
  31. 31. Livery Companies 1. Mercers’ (1394) 2. Grocers’ (1428) 3. Drapers’ (1438, 1606) 4. Fishmongers’ (1272, 1508) 5. Goldsmiths’ (1327) 6. Merchant Taylors’(1326) 7. Skinners’ (1327) 8. Haberdashers’ (1448) 9. Salters’ (1394) 10. Ironmongers’ (1463) 11. Vintners’ (1437) 12. Fullers (Clothworkers’) (1480) 1484
  32. 32. Membership • Freemen. – Patrimony – Apprenticeship • Liverymen – Freemen advanced by a vote of the court of the Company. – Take part in the election of the Lord Mayor, the Sheriffs, and the other traditional officers of the City.
  33. 33. Privileges of Freedom of the City • Vote in Parliamentary and civic elections; • Exemption from all tolls payable on animals brought into the City for sale; • Exempt from all market tolls payable anywhere in the country; • Exempt from naval impressment; • Certain legal privileges with respect to being tried and imprisoned.
  34. 34. Members Alice Bridenell 1427 Freedom Daughter, New freeman Co Mercer Jane Eyre 1428 Apprenticeship Master Co Draper
  35. 35. Religious connections • Come to mass at their home church on the saint’s day (and stay for the entire mass) • Come to the dinner – Bring a wife or companion – Fees vary for livery members, out-of-towners and others of the trade; go to maintenance of the priest • Guild provides ornaments for the church
  36. 36. Merchants Tailors Company Members in the 15th century include: • Bishops from fourteen sees became members, – Three bishops of St. David's between 1411 and 1435, – Five bishops of London. • Parsons, vicars and rectors of 12 London parishes
  37. 37. Merchant Tailors Company Members (13981473) • Tailors 655 • Non-tailors 1229 • 51 outside London • 137 gentry • 46 knights – including Sir John Fastolf – Nevilles and Percies • Henry V Company Number Grocers: 42 Drapers: 37 Mercers: 28 Vintners: 28 Fishmongers: 24 Skinners: 18 Goldsmiths: 17 Clothworkers 16 Haberdashers 5 Ironmongers: 4 Salters: 4
  38. 38. Ordinances – Tailors of Lincoln • Entry: A quarter of barley or the price of the best malt • Obligation: Corpus Chrisit procession • Poor: 7d/week • Death: burial expenses • Pilgrimage: 1d for Jerusalem; 1/2d for Rome or Compostela
  39. 39. Social and Religious Guilds • Care for needy by subscription • Support for priests • Processions • Feasts
  40. 40. Preamble In þe worship of god almighti oure creator, and hys moder seinte marie, and al halwes, and seint Jame apostle, a fraternitee is bygonne of good men, in þe chirche of seint Jame atte Garlekhith in Londone, þe day of seint Jame, þe ȝer of our lord Ml.CCC.LXXV., for amendement of her lyues and of her soules, and to noriche more loue bytwene þe bretheren and sustren of þe bretherhede: and eche of hem had sworen on þe bok, to perſourme þe pointȝ vndernethe wryten atte here power.
  41. 41. Trades 1400
  42. 42. Haberdasher • Guild recognized 1447 • Men’s clothing millinery, accessories • Rising importance of men’s fashion
  43. 43. Livery Companies
  44. 44. Gilds and Welfare • Some doles for sick and aged • Paid for funerals and prayers for the dead • Almshouses
  45. 45. Guilds and Government 1400-1450 1450-1500 Craft Aldermen Mayors Aldermen Mayors Mercers 17 10 24 15 Grocers 14 9 17 9 Drapers 16 9 17 9 Fishmongers 10 5 5 4 Goldsmiths 8 2 8 4 Skinners 4 2 9 3 Ironmongers 4 2 3 - Vintners 2 - Tailors 1 7 1 Haberdashers 3 1 Salters 3 3
  46. 46. Guilds, Government, Aliens • 1432 Require traders to live in the City • 1451 Cordwainers get registration of aliens • 1456-57 rioting against Italian merchants seemingly orchestrated by members of the Mercers' Company
  47. 47. Guild of St. Peter, Bardwell

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