Our Legal Heritage Part 52

For water, most communities depended on rivers that ran near by or on public wells that were dug to reach the water underground. Some towns had water public water supply systems. Fresh water was brought into the town from a spring or pond above the town by wood or lead pipes or open conduits. Sometimes tree trunks were hollowed out and tapered at the ends to fit into the funnel-shaped end of another. But they leaked a lot. In London, a conduit piped water underground to a lead tank, from which it was delivered to the public by means of pipes and bra.s.s taps in the stone framework. This was London's chief water supply. Water carriers carried water in wooden devices on their backs to houses.

The paving and proper drainage of the streets became a town concern.

Building contracts began specifying the provision of adequate cesspits for the privies at town houses, whether the latrines were built into the house or as an outhouse. Also, in the better houses, there grew a practice of carting human and animal fecal matter at night to dung heaps outside the city walls. There was one public latrine in each ward and about twelve dung carts for the whole city. Country manor houses had latrines on the ground floor and/or the bas.e.m.e.nt level.

In London, the Goldsmiths, Merchant Taylors [Tailors], Skinners, and Girdlers bought royal charters, which recognized their power of self-government as a company and their power to enforce their standards, perhaps throughout the country. The Goldsmiths, the Mercers, and the Saddlers became in 1394 the first guilds to receive charters of incorporation, which gave them perpetual existence. As such they could hold land in "mortmain" [dead hand], thus depriving the king of rights that came to him on the death of a tenant-in-chief. They were authorized to bestow livery on their members and were called Livery Companies. The liverymen [freemen] of the trading companies elected London's representatives to Parliament.

In all towns, the organization of craft a.s.sociations spread rapidly downwards through the trades. These a.s.sociations sought self-government.

Craft guilds were gaining much power relative to the old merchant guilds in governing the towns. The greater crafts such as the fishmongers, skinners, and the corders (made rope, canvas, and pitch) organized and ultimately were recognized by town authorities as self-governing craft guilds. The building trade guilds such as the tilers, carpenters, masons, and joiners, became important. Masons were still itinerant, going to sites of churches, public buildings, or commanded by the king to work on castles. The guild was not necessarily a.s.sociated with a specific product. For instance, a saddle and bridle were the result of work of four crafts: joiner (woodworker), painter, saddler (leather), and lorimer (metal trappings).

In London in 1392 craft guilds included: baker, fishmonger (cut up and sold fish), fruitier, brewer, butcher, bird dealer, cook, apothecary (sold potions he had ground up), cutler (made knives and spoons), barber, tailor, shoemaker, glover (made gloves), skinner (sold furs), girdler (made girdles of cloth to wear around one's waist), pouchmaker, armorer, sheathmaker, weaver, fuller, painter, carpenter, joiner (woodworker who finished interior woodwork such as doors and made furniture), tiler, mason (cut stone for buildings), smith (made metal tools for stonemasons and builders), tallow chandler (made candles and sometimes soap from the fat and grease the housewife supplied), wax chandler (made candles), stirrup maker, spurrier (made spurs), and hosteler (innkeeper). However, the merchant guilds of the goldsmiths, vintners (sold wine), mercers (sold cloth), grocers, and drapers (finished and sold English cloth) were still strong. It was a long custom in London that freemen in one company could practice the trade of another company. There were paint mills and saw mills replacing human labor. There were apothecary shops and women surgeons. Women who earned their own living by spinning were called "spinsters".

Some prices in London were: a hen pastry 5d., a capon pastry 8d., a roast pheasant 13d., a roast heron 18d., roast goose 7d., a hen 4d., a capon 6d., three roast thrushes 2d., ten larks 3d., ten finches 1d, and ten cooked eggs 1d.

Many of the guilds bought sites on which they built a chapel, which was later used as a secular meeting place. The guild officers commonly included an alderman, stewards, a dean, and a clerk, who were elected.

The guild officers sat as a guild court to determine discipline for offenses such as false weights or measures or false workmans.h.i.+p or work and decided trade disputes. The brethren in guild fraternity were cla.s.sified as masters, journeymen, or apprentices. They were expected to contribute to the support of the sick and impoverished in their fellows.h.i.+p. Their code required social action such as ostracizing a man of the craft who was living in adultery until he mended his ways.

The rules of the Company of Glovers were:

1. None but a freeman of the city shall make or sell gloves.

2. No glover may be admitted to the freedom of the city unless with the a.s.sent of the wardens of the trade.

3. No one shall entice away the servant of another.

4. If a servant in the trade makes away with his master's chattels to the value of 12d., the wardens shall make good the loss; and if the servant refuses to be judged by the wardens, he shall be taken before the mayor and aldermen.

5. No one may sell his goods by candlelight.

6. Any false work found shall be taken before the mayor and aldermen by the wardens.

7. All things touching the trade within the city between those who are not freemen shall be forfeited.

8. Journeymen shall be paid their present rate of wages.

9. Persons who entice away journeymen glovers to make gloves in their own houses shall be brought before the mayor and aldermen.

10. Any one of the trade who refuses to obey these regulations shall be brought before the mayor and aldermen.

Cordwainers [workers in soft cordovan leather from Spain, especially shoes] of good repute pet.i.tioned the city of London in 1375 for ordinances on their trade as follows:

"To the mayor and aldermen of the city of London pray the good folks of the trade of cordwainers of the same city, that it may please you to grant unto them the articles that follow, for the profit of the common people; that so, what is good and right may be done unto all manner of folks, for saving the honor of the city and lawfully governing the said trade.

In the first place - that if any one of the trade shall sell to any person shoes of bazen [sheepskin tanned in oak or larch-bark] as being cordwain, or of calf-leather for ox-leather, in deceit of the common people, and to the scandal of the trade, he shall pay to the Chamber of the Guildhall, the first time that he shall be convicted thereof, forty pence; the second time, 7s. half a mark; and the third time the same, and further, at the discretion of the mayor and aldermen.

Also - that no one of the trade shall keep house within the franchise if he be not free [invested with the rights or privileges] of the city and one knowing his trade, and that no one shall be admitted to the freedom without the presence of the wardens of the trade bearing witness to his standing, on the pain aforesaid.

Also - if any one of the trade shall be found offending touching the trade, or rebellious against the wardens thereof, such person shall not make complaint to any one of another trade, by reason of the discord or dissension that may have arisen between them; but he shall be ruled by the good folks of his own trade. And if he shall differ from them as acting against right, then let the offense be adjudged upon before the mayor and aldermen; and if he be found rebellious against the ordinance, let him pay to the Chamber the sum above mentioned.

Also - that no one of the trade shall entice or purloin the servant of another from the service of his master by paying him more than is ordained by the trade, on the pain aforesaid.