others of endowments administered by the Companies. But with respect to their other possessions, I was fully conscious of my ignorance of the facts, and of the legal and other difficulties which, when known, they would be certain to raise. Therefore, in speaking to Londoners of the City Parochial Endowments and other funds wasted or misapplied, I have been careful to warn my hearers that of the Companies' funds not known to be the subjects of charitable trusts, I said nothing, except that there ought to be an enquiry. The distinction between the two classes of funds is, as will be seen, still necessary to insist upon. 5. Audiences willing to listen to discourses on the subject of endowments have very much increased of late years. Increasing knowledge is dispelling the dull fog of apathy. The incessant activity of Mr. Beal and his coadjutors, and the strong convictions expressed by them, told as the years ran on. The few who in 1856 cared to think and enquire became many. The diffusion of education, of the habits of reading and discussion, and of political power, brought fresh forces into operation. The movement in London for an efficient Local Government stimulated questions as to the proper relations between the Companies and the Municipality. After the election of 1880, it was seen that the time for an enquiry had come. A Royal Commission was issued, which, unlike the two former Commissions on Municipal Corporations, was directed to the special subject of enquiry and report upon the Companies. Those bodies have for the most part met the enquiry fully and fairly, though in several cases under protest. And the result is a Report containing information enough to supply grounds for judging what steps should next be taken. 6. The object of this paper is mainly to induce people to read the Report and to judge of its purport for themselves. They will not find it uninteresting; nor is it one of those which are destined to lie unused in pigeon-holes. But even for those who will read it, and still more for those who are unable to do so, it may prove useful to expound what is the extent and nature of the subject on which so much has been said, and to examine how far it is a proper one for legislative action. This I will endeavour to do in a dispassionate spirit, and as one who feels the real difficulties which surround the question. If I can help on the discussion, which there will be plenty who come after me to conduct to more definite issues, that must suffice for the present. Even that is not quite easy especially as it is necessary to exhibit legal doctrines, and those doctrines not familiar to any large class of lawyers, in language that can be understanded of the people. 7. First, what are those bodies which have been known as guilds, mysteries, societies, fraternities, brotherhoods, liveried companies, and by other names; and are now usually known by the name, which though not accurate I use here because it is common, of the City Companies. The description given in the Report of the Municipal Companies of 1834, ascribed to Sir Francis Palgrave, indicates most of their functions : "The Companies were probably in their original conformation not so much trading societies as trade-societies instituted for the purpose of protecting the consumer or the employer against the incompetency or the fraud of the dealer or the artizan, and equally with the intent of securing a maintenance to the workman trained to the art, according to the notions of early times, by preventing his being undersold in a labour-market by an unlimited number of competitors. Furthermore, the Companies acted as domestic tribunals, adjudicating or rather arbitrating between master and man, and settling disputes: thus diminishing hostile litigation and promoting amity and goodwill. They were also in the nature of benefit societies from which the workman, in return for the contributions which he had made when in health and vigour to the common stock of the guild, might be relieved in sickness or when disabled by the infirmities of age. This character speedily attracted donations for other charitable purposes from benevolent persons who could not find any better trustees than the ruling members of these communities, and hence arose the numerous charitable gifts and foundations now entrusted to their care. They also possessed the character of modern clubs. They' were institutions in which individuals of the same class and families assembled in social intercourse." 8. To this must be added that offices of religion appear prominently amongst their objects. For instance, the Skinners had in the reign of Richard II. "been accustomed to hold one guild or fraternity to the honour of God and the precious Body of our Lord Jesus Christ, and to find and sustain two chaplains" to perform divine service for the souls of Richard's ancestors and of the members of the fraternity. They were then empowered to hold lands for the sustentation of the two chaplains and other works of piety. They appear subsequently to have borne the name, among others, of "The Master and Wardens, and Brethren and Sisters of the guild or fraternity of the Body of Christ of the Skinners of London." 9. Besides their relations towards the trades and towards their own members, the Companies formed part of the Municipal Government of London. It is probable that municipal governments of towns generally were developments of the guild system. It is certain that in London the guilds and the Municipality were closely related. The Report states that for a short time in the reign of Edward II. the craft guilds, the bodies now represented by the Companies, were substituted for the wards as the constituent parts of the Municipality. In former times money was raised in the City by precepts issued by the Corporation to the Companies, requiring a certain rate from each. Up to the year 1835 it was necessary before any one could obtain full citizenship, that he should become a member of some Company. Freemen of the Companies have still the right of being admitted to the freedom of the City. The Court of Common Hall, which consists exclusively of liverymen of the Companies, still elects the Sheriffs of the City, its Chamberlain, its Bridgemaster, and its Auditors of Accounts. It practically elects the Lord Mayor, by presenting to the Court of Aldermen two persons of whom that Court chooses one. It was on these grounds that the Commission appointed to enquire into municipal corporations claimed to enquire into the affairs of the City Companies as being municipal corporations, but the claim was resisted as above mentioned. 10. The recent Report, signed by nine* Commissioners out of twelve, regards the Companies as having, about the end of the fourteenth century, become in effect a municipal committee of trade and manufactures, and as being, when incorporated, which happened not long afterwards, an institution in the nature of a State Department for the superintendence of the trades and manufactures of London. 11. It will conduce to a clearer conception of their position if I give a specimen of the powers which they assumed to exercise, and which the Crown assumed formally to confer upon them. A charter granted by Edward III. (A.D. 1327), to "our beloved men of our City of London called Skinners," states that "by the advice and assent of all men of the mystery aforesaid in the City dwelling," it had been ordained "That every fur should be after a certain manner or fashion (set out in the charter), and that no Skinner or Philippar should sell old furs other than those which are taken from vestments (as stated in the charter): for as much as of the old furs and capuches, as well the nobles as others of the community aforesaid, believing them to be new, whereas they are old, are by the same philippars often deceived; and that no skinner or philippar any fur, other than as old, for the cause before mentioned, by the streets and ways or the market in the said City, in no wise do carry about for sale.”. The charter then approves the ordinance, and empowers the men of the mystery to assign honest and faithful men for enquiry in the City and suburbs, so that the Mayor might punish and chastise delinquents on their testimony, and that the offensive furs should be forfeited. It then goes on to give the men of the mystery similar power with respect to furs sold at fairs in Winchester, Stamford, Bury St. Edmunds, and other fairs within the realm. Similar powers with respect to other trades are given by various charters to other Companies. I don't know that there are any means of determining how far these powers, nominally so large, were workable or actually worked in practice; but that matter, however interesting, cannot be discussed here.† * Earl of Derby, Duke of Bedford, Viscount Sherbrooke, Lord Coleridge, Sir Sidney Waterlow, M.P., Messrs. Albert Pell, M.P., Walter H. James, M.P., Joseph F. B. Firth, M.P., Thomas Burt, M.P. + There is evidence that in the reign of Henry VIII. the powers were corruptly exercised, which Mr. Froude considers to indicate a decay in honesty. But what was 13. Such were the characteristics of the Companies in their external and internal aspects. Externally they were a part of the municipal system; they exercised powers of control over the trades whose names they bear; and they played a useful part in administering gifts made for charitable or public purposes. Internally they promoted technical education by apprenticeship, they settled disputes between their members, they operated as benefit societies, they were clubs of a convivial character, and they maintained religious services. Before enquiring how far they have fallen away from their old position it will be better to get some idea of the number and magnitude of these institutions. 14. The Commissioners find that there are in existence seventyfour* Livery Companies, i.e., Companies some of whose members are entitled to wear a peculiar dress; twelve great ones and sixty-two minor ones. There are two classes of members: liverymen who may wear the dress, and ordinary freemen or freewomen. The governing bodies or courts are self-elected, the members being chosen for life out of the ranks of the livery. There are upwards of 7,000 liverymen, and the number of freemen and freewomen is conjectured at 10,000. Their possessions, including halls and some other things which do not produce income, are estimated as worth from £750,000 to £800,000 a year, from which, however, large deductions have to be made for the purpose of discussing the propriety of legislation. The capital value, says the Report, cannot be less than fifteen millions sterling, likely to increase to twenty millions in the next twenty-five years by the falling-in of building leases. 15. Against this estimated income is set the sum of £200,000 a year, which is affected by specific trusts and is applied by the Companies accordingly. Another sum of £110,000 a year is set off as representing non-productive property and interest on debts, leaving £440,000 available income. Of this they are taken as saving £15,000, and actually spending £425,000. Their expenditure is classified thus : £150,000 in public or benevolent objects. 175,000 in maintenance. £425,000 The item of " maintenance" requires further analysis. It is made up of three main constituents. First, salaries to officers amounting to £60,000; secondly, Court fees, or payments made to members of the governing bodies for attendances, amounting to £40,000; and ◄ the amount of præ-existing honesty? The furriers of the thirteenth century appear to have been ready to defraud their customers. Did the Skinners' Guild prevent that? Thirteen have become extinct since the report of 1834, and there are a few small Companies unliveried. ་ £75,000 for rates, taxes, repairs, and improvements. In this last sum the largest item is restoration and decoration of the Companies' halls, thirty-four in number. 16. It will be borne in mind that these sums are roughly, in some instances very roughly, calculated. But the Commissioners have leant to understatement rather than exaggeration. An ably written Dissent Report has been presented by Sir Richard Cross, Sir Nathaniel de Rothschild, and Mr. Alderman Cotton, who has also signed an earnest protest. But I do not find that these opponents of the Report object to the calculations of which I have tried to give the effect briefly. Indeed, Mr. Alderman Cotton seems to consider that the income is larger than the Report allows. I think it may be taken that, whatever errors may be discovered hereafter, the figures now given afford sure ground for such discussions as arise now. Setting trust property aside, the corporate property in question may be considered as representing a present value of eleven millions of money, increasable in twenty-five years to at least fourteen. 17. I now return to the question, how far the character of the Companies, as disclosed by their charters, has been lost? The extent of their present connection with the Municipality has been stated. The religious element has wholly disappeared. Probably it was in many cases bound up with the practice of masses for the dead, which at the Reformation was deemed a superstitious practice, so that property devoted to maintain it was confiscated to the Crown. With regard to their convivial character and the assistance extended to their own members, it is probable that those objects are still regarded by them quite as fully as is either desirable or demanded by their original constitution. They also contribute substantially to objects of benevolence and general public utility. In all these respects, except so far as they differ in wealth, the Companies appear to stand on the same footing. 18. But with respect to the important question, how far their main characteristic, that of Trade Guilds, is preserved? there is a considerable difference between them. Connection with trades may exist in two ways: first, by the members of the Company being all or mostly of the trade whose name it bears; secondly, by the Company having functions to perform with regard to that trade. I suppose that nobody will deny that the original Trade Guilds were formed by the association of people of the same trade. But most of the City Companies must have included men of other trades many centuries ago. They have conferred their freedom, as of right, upon the descendants of their members, and upon apprentices of their members, quite irrespective of their trades, and have sold it to strangers of all kinds of callings. The Apothecaries' Company still consists exclusively of trade members. The Stationers' Company |