(a) GILD OF HOLY TRINITY.
*. [CCCIX. 54. Condition, fair, where not damaged by three holes that have been pierced through all the leaves. Latin. This very interesting Return is made up in the form of a book. Other examples of the same thing have been given of Part 1. (see before, pp. 37, 40). The present book contains eleven leaves, each 7 1/2 in. long, by 5 in. wide. All the twenty-two pages are covered with writing, except the first, on which are only written the words "Gilda Cantebr" by way of title to the Return. The ordinances themselves fill ten pages. All the rest is taken up by the preamble, the decree, the notarial attestation, and the Bishop of Ely's Indulgences.]Editorial Commentary
This Return is unique among those sent up in 1389, both in the manner and the matter of it. Beginning with some lines addressed to the Lord Chancellor by the bretheren of the gild who make the Return, it then, instead of giving a copy of the ordinances, sets forth at full length a decree of the Consistory of Ely. That decree begins by stating that the ordinances were shown to the "Official of Ely and Commissary of the Bishop of Ely,"*. [Called hereafter, for the sake of shortness, the "Commissary."] on 1st May 1384, "according to the course and computation of the Anglican Church."*. [It would save much contention and mistake, if it were better known than it is, that the Church of England was distinguished, long before the "Reformation," as the Anglican Church, and the Church of Rome as the Roman Church. The words of the original in this case are "secundum cursum et computacionem ecclesie Anglicane." In a document within three years of the same date, to which the Bishop of Coventry and Lichfield and several other ecclesiastics were parties, in 1381, a certain monastery is described as "ad Romanam ecclesiam, nullo medio, pertinens." (See the second part of "Memorials of Old Birmingham: Men and Names," p. 54.) The term "medius" is used in this document of 1381, as it is in the writ ad quod damnun (before, p. 242), to express any person or authority, having any interest in the subject-matter, between that of the highest and the lowest of those that are being spoken of. As to the date, 1384, given in the present Return, see the note to the last clause of the ordinances (after, p. 268).] The ordinances are then set out at length in the decree, beginning with the names Page 263of the seven founders of the gild. The substance of these ordinances is as follows:—
De Officiariis.
There shall be one head of the Gild, who shall be styled "Alderman." There shall also be two Stewards, who shall gather in and deal with the goods and chattels of the Gild, and shall trade with the same; and they shall give an account thereof, and of all gains thence arising, to the Alderman and bretheren, and deliver them up as is hereinafter said. They shall take an oath of office, and moreover find two sureties. There shall also be a Dean of the Gild, who shall enter the names of new-comers;*. [The original words are:—"Ad cujus spectabit officium, nomina fratrum ingredientium immatriculare."] give warning to the bretheren of all the times when they must meet, and make record of the warning; write down moneys received and fines that are due, and levy the latter; give out to needy bretheren their allowances, as is below said; carefully see that all is rightly done on the burial of any brother or his wife;*. [In the case of this gild, it seems that no sisteren were members of it, but that nevertheless the wives of bretheren had the advantages of it. I find the same thing in other Cambridge gilds; but there are some to which women were admitted as direct members.] and range the bretheren in becoming manner when they meet.
De Capellano celebraturo.
If the means of the Gild enable it, and the Vicar of the Church of Holy Trinity consents, a Chaplain shall be appointed. And there shall be a candle-bearer, enriched with a carving of the Holy Trinity; on the top of which three candles shall be burnt, on Sundays and Feast-days, so long as the means of the Gild allow it.*. [There is something startling in the cold and contingent way in which these Cambridge folks, so emphatically approved by the Commissary and the Bishop, propose to have a chaplain and a few lights at services. The original words of this ordinance are as follows:—"Item statuimus et ordinamus, interveniente consensu domini Thome Wygenhole, perpetui vicarii dicte ecclesie Sancte Trinitatis Cantebrigie, quod, arridente nobis uberiori fortuna, inveniatur in dicta ecclesia, sumptibus dicte Gilde, unus capellanus, celebraturus ad altare in ala eiusdem ecclesie, juxta ymaginem beate Marie Magdalene, hora competenti, absque prejudicio ipsius ecclesie; et unum candelabrum, decenter ornatum cum ymagine sancte Trinitatis; in cuius candelabri summitate, tres candele, singulis diebus dominicis et festivis, dum aguntur solempnia, ardeant in honore summe et individue Trinitatis, quamdiu facultates dicte Gilde seu fraternitatis ad hoc se optulerint, favente domino duraturas." Other Cambridge gilds among these Returns also show that the services of a chaplain were deemed quite secondary to the other purposes of the gilds.]
De progressu in festo Sancte Trinitatis.
On the eve of the feast of Holy Trinity, or some day near it, at the stroke of first even-song, the Alderman, Stewards, and Dean, with the bretheren of the Gild who are in Cambridge or within ten miles round, shall meet at a place agreed on, and thence go, two and two, clad in livery (if they have any), to the church of Holy Trinity in Cambridge, to hear first even-song; and, even-song ended, they shall go back in the same way. And, on the morrow, they shall go in like manner to matins, day-service,*. ["Horas canonicas" in the original. See Canon Rock's "Church of our Fathers," vol. iii. part ii. pp. 16-20.] mass, and second even-song; and the Alderman and bretheren shall make offerings. And whoever is absent, either at this time or whensoever he is summoned, unless through sickness or for other good reason (as to which he shall be put upon his oath), shall pay two pounds of wax.
De presbyteris non sumendis ad officia.
If any ecclesiastic, especially one in holy orders, comes into the Gild, he shall not be put into any office of the Gild; nor shall any of its goods be put under his charge; nor shall he be let meddle in any way with such things; but lay brothers of the Gild shall undertake them, who are best able to deal with such things, and to bear the burthen of such offices. For it is neither becoming nor Page 265 lawful that a parson should in any way mix himself up with secular business; nor does it befit the good name or come within the calling of such men, that they should take on themselves offices and things of this sort.*. [The original of this remarkable ordinance must be given:—"Item statuimus et ordinamus quod si contingat aliquem virum ecclesiasticum, presertim in sacris ordinibus constitutum, ad dictam fraternitatem assumi, quod non preficiatur in aliquam officiarium dicte Gilde, nec aliqua bona habeat ministranda; neque de iis se aliquatenus intromittat; sed alii laici dicte Gilde confratres, qui cum bonis hujusmodi negociari et onera officiis suis incumbentia, commode poterunt supportare maxime: cum non deceat, nec liceat, clericus negociis secularibus se aliquatenus immisceri; nec eorum congruit honestati, aut dignitati convenit, circa onera ad hujusmodi officiariorum curam et sollicitudinem spectantia de quibus supra fit mentio intendere seu vacare." Long before the Returns were known to me in which this ordinance is found, I showed, by exhaustive demonstration, in the "Parish" (second edition, pp. 288-330), that the modern assumption of the right of Incumbents to take the chair at parish vestry-meetings, not only does not rest on any lawful foundation, but is directly contrary to the whole spirit and express letter of both Common Law and Canon Law, and that it is a mere usurpation, unsupported by any authority whatever. The above ordinance, which had the strongly expressed sanction of the Ecclesiastical Court and lawyers, as well as that of the bishop, is a striking practical illustration, almost in the same words, of what was shown by me, in 1857, to be the true law of England on this subject.]
De quatuor tractatibus in anno.
All the bretheren, being summoned, shall come together before the Alderman, Stewards, and Dean, four times a-year; namely, on "Hokeday," the Nativity of St. John Baptist, Michaelmas, and Christmas, or within eight days next following, to consider and do whatever the welfare of the Gild needs; and every brother shall pay, on each of those days, or within eight days afterwards, sixpence to the Gild-stock. Whoever, having been warned, and having no good excuse, does not come to any such meeting, shall pay a pound of wax. And the Dean shall pay a penny for every brother whom he ought to have warned, but has not.
De compoto officiariorum; et eorum eleccione.
On a day and in a place appointed by the Alderman, within fourteen days Page 266after Trinity Sunday,*. ["Aliquo die infra quindenam Sancte Trinitatis, per Aldermannum qui pro tempore fuerit assignato."] the Alderman, Stewards, Dean, and such bretheren as can be found, shall meet; and the Stewards shall give a faithful account of the money in their hands, and of how they have dealt with it, and of what has been spent. Whatever remains in their hands, whether of the principal money or of gains thence arising, shall be brought and put before the Alderman and bretheren. If either of them fails to do this, he shall pay ten shillings to the Gild; and the Alderman shall take means to recover from him and his sureties the payment of what is owing to the Gild, as well as this ten shillings.—Afterwards, on the same day, the Alderman shall call up seven of the bretheren; and they shall be sworn to choose, in good faith, out of bretheren dwelling in Cambridge or Barnwell, trusty and true men to be Alderman, Stewards, and Dean, for the coming year. Those thus chosen by the seven, or by the greater part of them, shall be charged, by the outgoing Alderman, faithfully to fulfil what belongs to their offices. After this, the Alderman shall deliver all the goods and chattels of the Gild to the new Stewards, by an indenture, to be made between them of the one part, and the Alderman of the other part. Forthwith that Alderman shall cease to hold office, and shall give the indenture to the new Alderman; so that it may be known, at the next account day, what goods the Stewards have received. If the seven, or the greater part of them, cannot agree in their choice, then the old Alderman, with the Stewards, Dean, and such others as he likes, shall appoint the Alderman, Stewards, and Dean for the new year. Whoever, being chosen Alderman, will not serve the office, shall pay ten shillings: Stewards and the Dean, six shillings and eightpence. Whoever, having been warned, does not come to this account and election, shall pay two pounds of wax, unless he has good excuse.
De Officio circa corpora defunctorum.
All becoming services shall be done on the death of any brother, or of the wife of any Page 267 brother, whether within or without the town. And the Aldermen, Stewards, Dean, and bretheren shall be present at those services.*. [This ordinance is very long, and goes into much and curious detail. It is remarkable that it recalls and provides for the contingency of the gild having no chaplain of its own. See before, under "De Capellano celebraturo,"and the note thereto.]
De pauperibus relevandis. Regula.
If any brother, or brother's wife, comes to want through mishap, without any self-guilt, he shall have, at the cost of the Gild, sevenpence every week of his life while the need lasts, and a gown and hood every year; and he shall be freed from all Gild payments. His wife shall be treated in the same way after his death, so long as she does rightly and is not re-married.
De fratibus admittendis, et eorum juramento.
Before the in-coming of any new brother, the consent of the greater part of the Gild shall be given; and then the Alderman, with eight others of the Gild, may admit him. But, before he is admitted, they shall tell him, openly, what it is that he undertakes in coming into the Gild. If he still seeks the Gild-ship, he shall swear to keep and uphold the ordinances of the Gild; not to bewray its affairs; and to pay all fines. This done, the Alderman, Stewards, and Dean, with the eight others, shall admit the new brother. And he shall pay, on admission, thirteen shillings and fourpence to the Gild; sixpence to the Alderman; and threepence to the Dean.—The Dean shall also have, for all the duties fulfilled by him, two shillings a-year from the Gild, and shall be freed from the four quarterly payments made by others.*. [See before, "De quatuor tractatibus in anno."]If any brother wishes to leave the Gild, not through ill-will or wantonness, but for some good reason, he shall come before the Alderman and bretheren, and shall say why he wishes to leave it. He shall then be allowed to leave: but so that, when the reason given ceases, he may rejoin the Gild.
De fratrum obedientia, et eorum honestate. Regula.
All the bretheren shall give due respect to the Alderman at all meetings of the Gild; and there shall be no angry nor idle talk. If the Alderman is aware of any quarrel between bretheren of the Gild, he shall do his best to bring them to peace. If any brother is so boldly froward as to disobey these ordinances or the lawful commands of the Alderman, or shall do anything hurtful to the Gild's good name, he shall be punished as the Alderman thinks fit. And if he will not submit to a reasonable punishment, he shall be put out of the Gild for ever; and, besides this, he may, on the presentment of the Alderman and two bretheren of the Gild, be dealt with by the Bishop of Ely, or his Commissary, as a perjurer and faith-breaker.
Should the Alderman be, at any time, so busy that he cannot himself come to a meeting, he may name one of the bretheren to take his place; who shall have the same authority for the time being as the Alderman.
The power of amending these ordinances is specially reserved to the founders and their successors.*. [This is done less broadly than in the case of the Gild of the Lord's Prayer of York. (See before, p. 139.)]
And because the Gild has not yet any common seal, the seals of the founders are set hereto. Given at Cambridge, on the 14th day of March, 1377.*. [It will be seen, by this date, that the decree of the Commissary was not sought at the time of the foundation of the gild; while the date of that decree (1384) shows that it had nothing to do with the Return made in 1389. Something that arose between these dates, must have led to the asking for the decree. It will further be seen, by what follows, that one of the bishop's Indulgences was given several years before the decree was made.]
Editorial Commentary
After thus setting forth these ordinances, the decree goes on to say, that the Alderman and bretheren asked the Commissary to read the ordinances with care, and, if found right and reasonable, judicially to declare the same in the form of a decree. Whereupon the Commissary himself read the ordinances with great care, and also caused them to be most diligently examined Page 269 by all the advocates of the Consistory of Ely, and by other men most skilled in both branches of the law.*. ["Sapientes et prudentes ulriusque juris peritos." This will mean the Canon Law and the Civil Law. The Consistory could not deal with the Common Law as such. No doubt this decree was asked for because some ill-natured person—perhaps some displaced chaplain—had charged the gild with some breach of the rights of the Church, or with not maintaining a chaplain.] Having found, by these means, and by what sworn witnesses have also said, that the ordinances are good and lawful, the Commissary, in open Court, declares them to be so, and decrees, authorizes, confirms, and approves them, so far as he has authority; and he orders that the decree shall be made patent, under the official seal of Ely, and the attestation of the Public Notary there. Given and done on the 21st day of May, in the year aforesaid, in the presence of nine learned lawyers, whose names are given.
Then comes the attestation of the Notary.
Two remarkable documents, following this decree, complete this unique Return. In one of these, dated 27th July, 1384, the Bishop of Ely himself declares his approval of the ordinances, and grants an Indulgence of forty days to all who help the gild. In the other, which, though written out last in the Return, is earlier in date, it is stated that the gild was founded at much cost to the founders; and an Indulgence of forty days is granted to all who join it. The date of this Indulgence is 26th June, 1378.
[No less than seven Returns, besides that from the Gild of the Holy Trinity, still remain, of those sent up from Cambridge in January, 1389. No two of these are alike, and all are full and interesting. A few extracts from some of them are all that can be here given:—]
