ABSTRACT
The City Fathers, like other municipal authorities, were quite willing to delegate special parts of their duties to the gilds. Cunningham and the Webbs pointed out long ago that with the passage of the centuries the leading gildsmen had become, in effect and up to a point, officers of the municipality charged with the protection of consumers from various forms of fraud such as adulteration of foodstuffs and textile materials, false and shoddy workmanship, and many similar abuses. In addition to these public functions, the gilds took from the shoulders of the civic courts masses of minor cases, such as the hearing and settlement of disputes between masters, journeymen and apprentices plying the same trade or craft. The long-standing rule which prohibited any member of the Weavers' Company from bringing a lawsuit against another member without express permission from the Court of Assistants, was evidently wise, for it ensured that a very large proportion of domestic disputes would be dealt with within the fraternity. l This had substantial advantages, especially where a dispute, by its very nature, could not be fairly settled unless the arbitrators or judges possessed expert technical knowledge. 'Let neighbours make an end' was a wise precept, always assuming that any Bailiffs, Wardens and Assistants acting as judges would do so 'in all equity and good conscience'. The following was a typical case involving specialised technical knowledge:
The difference betn. Mr. Jos. Wright and Will. Burnham his workman touching the returning home of silk short of the quantity delivered being referred to this Court by both their consents, the same was debated and considered, and in as much as the work was all black . . . ribbons and some part of it broad ribbon and no waste was returned, it is the opinion of this Court that Q of an oz. in every pound wt. may well be
allowed by Mr. Wright and more ought not to be demanded by the said Will. Burnham as waste of the said q ~ a n t i t y . ~
Occasionally a special arbitration court was set up ad hoc, with instructions to make a full report to the Court of Assistants should a settlement not be reached. Cases involving debts owing from one weaver to another were customarily dealt with by the Court of Assistants, with the willing general assent of the Lord Mayor. Here again, first-hand knowledge of the characters and circumstances of the parties often helped the cause of justice, for in many cases forbearance and a reasonable allowance of time was of the essence of a fair settlement. Payment by easy instalments might be decreed when, for example, it was known that a debtor had a large family of young children, or if he or his journeymen were sick, or if some special misfortune had come upon him.
