Organization is difficult for a peasantry, but easy for burghers, and from
the outset these seem to have united for their common defense against the
neighboring barons; and thus was born the mediaeval guild.
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.
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