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nor of the franchise, strikes a gildsman, and is reasonably convicted thereof, let him be in prison two days and two nights, unless the injury is such that he should be more severely punished.
§ 15. And if a gildsman reviles or slanders another gildsman, and a complaint of it comes to the alderman, and if he is reasonably convicted thereof, he shall pay two shillings fine to the gild, and if he is not able to pay he shall lose the gild.
§ 16. And if anyone who is of the franchise, speaks evil of a gildsman, and is convicted of this before the alderman, he shall pay five shillings for a fine or lose the franchise.
§ 17. And no one shall come to the council of the gild if he is not a gildsman.
$ 18. And if anyone of the gild forfeits the gild by any act or injury, and is excluded by the alderman and the steward and the skevins and the twelve sworn men of the city; and he wishes to have the gild again, he shall do all things anew just as one who has never been of the gild, and shall make amends for his injury according to the discretion of the alderman and the aforesaid approved men. And if anyone of the gild or of the franchise brings a suit against another outside of the city, by a writ or without a writ, he shall lose the gild and the franchise if he is convicted of it.
§ 19. And no one of the city of Southampton shall buy anything to sell again in the same city, unless he is of the gild merchant or of the franchise. And if anyone shall do so and is convicted of it, all which he has so bought shall be forfeited to the king; and no one shall be quit of custom unless he proves that he is in the gild or in the franchise, and this from year to year.
$ 20. And no one shall buy honey, fat, salt herrings, or any kind of oil, or millstones, or fresh hides, or any kind of fresh skins, unless he is a gildsman: nor keep a tavern for wine, nor sell cloth at retail, except in market or fair days; nor keep grain in his granary beyond five quarters, to sell at retail, if he is not a gildsman ; and whoever shall do this and be convicted, shall forfeit all to the king.
§ 21. No one of the gild ought to be partner or joint dealer in any of the kinds of merchandise before mentioned with anyone who is not of the gild, by any manner of coverture, or art, or contrivance, or collusion, or in any
And whosoever shall do this and be convicted, the goods in such manner bought shall be forfeited to the king, and the gildsman shall lose the gild.
$ 22. If any gildsman falls into poverty and has not the wherewithal to live, and is not able to work or to provide for himself, he shall have one mark from the gild to relieve his condition when the gild shall sit. No one of the gild nor of the franchise shall avow another's goods for his by which the custom of the city shall be injured. And if any one does so and is convicted, he shall lose the gild and the franchise ; and the merchandise so avowed shall be forfeited to the king.
§ 23. And no private man nor stranger shall bargain for or buy any kind of merchandise coming into the city before a burgess of the gild merchant, so long as the gildsman is present and wishes to bargain for and buy this merchandise; and if anyone does so and is convicted, that which he buys shall be forfeited to the king.
$ 24. And anyone who is of the gild merchant shall share in all merchandise which another gildsman shall buy or any other person, whosoever he is, if he comes and demands part and is there where the merchandise is bought, and also if he gives satisfaction to the seller and gives security for his part. But no one who is not a gildsman is able or ought to share with a gildsman, without the will of the gildsman.
§ 25. And if any gildsman or other of the city refuse a part to the gildsman in the manner above said, he shall not buy or sell in that year in the town, except his victuals.
§ 26. And if any merchant of the town buys wine or grain so that all the risk shall be on the buyer, he shall not pay custom for this merchandise. And if any risk is upon the seller, he shall pay.
$ 27. It is provided that the chief alderman of the town, or the bailiffs and the twelve sworn men, shall give attention to the merchants as well strangers as private men, as often as it shall be required, to see that they have sufficient security for their debts, and recognisance from their debtors; and the day of this shall be enrolled before them, so that if that day is not kept, on proof by the creditor, the debtor should be then distrained according to the recognisance which he has made, in lands and chattels, to give satisfaction according to the usage of the town, without any manner of pleading, so that the men of the town should not have damage by the default of payment of the debtors aforesaid.
§ 28. And if any gildsman for any debt which he may owe, will not suffer himself to be distrained, or when he has been distrained, shall break through, or make removal or break the king's lock, and be convicted thereof, he shall lose his gildship until he has bought it again for twenty shillings, and this each time that he offends in such manner. And he shall be none the less distrained until he has made satisfaction for the debt he owes ; and if he will not submit to justice as aforesaid and be thereof convicted, he shall go to prison for a day and a night like one who is against the peace; and if he will not submit to justice let the matter be laid before the king and his council in manner aforesaid.
§ 29. And the chief alderman, and the twelve sworn men, or the bailiffs, each month, or at least four times a year shall see that the assize of bread and ale be well kept in all points according to the price of corn.'
§ 32. Every year, on the morrow of St. Michael, shall be elected by the whole community of the town, assembled in a place provided, to consider the estate and treat of the common business of the town—then shall be elected by the whole community, twelve discreet men to execute the king's commands, together with the bailiffs, and to keep the peace and protect the franchise, and to do and keep justice to all persons, as well poor as rich, natives or strangers, all that year; and to this they shall be sworn in the form provided. And these twelve discreet men shall choose the same day two discreet men from among themselves and the other profitable and wise men to be bailiffs for the ensuing year, who shall take care that the customs shall be well paid; and they shall receive their jurisdiction the day after Michaelmas, as has been customary. And this shall be done from year to year, so that the bailiffs shall be renewed every year, and the twelve aforesaid, if there is occasion. The same shall be done as to clerk and sergeants of the city, in making and removing.
§ 35. The common chest shall be in the house of the chief alderman or of the steward, and the three keys of it shall be lodged with three discreet men of the aforesaid twelve sworn men, or with three of the skevins, who shall loyally take care of the common seal, and the charters and the treasure of the town, and the standards, and other muniments of the town; and no letter shall be sealed with the common seal, nor any charter taken out of the common-chest but in the presence of six or twelve sworn men, and of the alderman or steward; and nobody shall sell by any kind of measure or weight that is not sealed, under forfeiture of two shillings.
§ 63. No one shall go out to meet a ship bringing wine or other merchandise coming to the town, in order to buy anything, before the
The remaining 48 paragraghs, with the exception of % 32, & 35 and $ 63, are of comparatively little significance as explanatory of the ordinary gild merchant.
ship be arrived and come to anchor for unlading ; and if any one does so and is convicted, the merchandise which he shall have bought shall be forfeited to the king. ORDINANCE OF THE GILD MERCHANT OF THE HOLY
TRINITY OF LYNN REGIS. English : Gross' Gild Merchant, II, 160; and Richard's History of Lynn, 452-458.
$ 1. If any stranger is willing to enter into the fraternity, he ought to pledge into the hands of the alderman 100s. and the aforesaid dues of the house. That is to say, to the alderman 4d. to the clerk 2d. to the dean 2d. and afterward out of the 100s. pledged with the alderman and his brethren
!, and shall immediately give one sextary of wine, that is 10d.
§ 2. If any brother has a son, or sons, legitimate, who are willing to enter into the said fraternity, each one ought to pay for his entrance 4s. the aforesaid dues being excepted.
§ 3. Whoever will enter into the said fraternity, ought on the first day of his admission to wait and serve before the alderman and the brethren honorably, in neat clothes and a coronet of gold or silver.
§ 4. The alderman to have on the day of Pentecost one sextary of wine, and the dean half a sextary, the clerk half and each of the skevins, the same day, half a sextary, and every day after, as long as the drinking shall continue, the alderman shall have half a sextary, the dean, clerk and each of the skevins one gallon, and each of the attendants half a gallon, at evening.
§ 5. If any of the brethren shall disclose to any stranger the councils of the said gild, to their detriment without the assent of the alderman and his brethren, he shall forfeit the sum of 32d.
§ 6. If any of the brethren shall fall into poverty or misery, all the brethren are to assist him by common consent out of the chattels of the house or fraternity, or of their proper own.
§ 7. If any brother shall be impleaded, either within Lynn or without, the brethren there present ought to assist him in their council, if they are called, to stand with him and counsel him without any costs; and if they do not they are to forfeit 32d.
§ 8. None of the brethren is to come into the gild before the alderman and his brethren with his cap or hood on, or barefoot, or in any rustic manner; if he does he is to be amerced 4d.
1 Illegible in the manuscript.
$ 9. If any one should sleep at the gild, either at the general meeting or at their feasts and drinking, he is to forfeit 4d.
§ 10. If any one turns him rudely to his brother, or calls him by any rude name,
he is to be amerced 4d. § 11. If any is called and cited at a prime and does not come before the issue of the first consult, he is to pay 1d. by order of the dean; and if he refuses and sits down he is to be amerced 4d.
$ 12. If any one should be cited to the prime, and shall be found in the town or shall come late to the drinking, and the dean shall say to him to be there at the next prime, and he does not come before they begin to take judgments of defaults, he shall either make some reasonable excuse, or pay 12d., and if he comes before the faults are adjudged, and shall depart without leave he shall pay 12d.
§ 13. If any one of this house shall buy anything and a brother shall come in unexpectedly before the agreement, or at it, he ought to be a partner with him that buys, and if the buyer refuses it, he is to be amerced half a mark.
§ 14. If any servant of the brethren comes at the drinking, or the prime, he is to lay down his cap and cloak, and give it to the janitor to keep, whilst he enters and speaks to his master, and then he is to depart forthwith ; if it is at the drinking, let him drink once or twice, provided he does not sit, and then he is to depart, and if he does not his master is to be amerced.
§ 15. If any one refuse to obey the precept of the alderman or dean, for the honor and profit of the house, he is to be amerced 12s.
$ 16. If any poor brother shall die, the alderman and brethren shall see that his body be honorably buried, of the goods or chattels of the house, or out of alms, if he has not the wherewith to bury himself.
§ 17. If the alderman shall die, none belonging to him, neither son nor any other, can act in anything as alderman, but the brethren may choose a new alderman, whom they please.
§ 18. If any brother shall die, the dean is to summon all the brethren to make their offerings for the soul of the deceased; and if anyone is absent he is to give d. at the next prime following, for the soul of the defunct, and the dean is to have 4d. of the alms collected, for the citing of the brethren.
1Principal dr regular meeting.