Observations on the Clothworkers' Company
Clothworkers Company.
Observations on the Evidence given by the Witnesses before the Royal Commission appointed
to inquire into the City of London Livery Companies, especially so far as the same relates
to, or affects, the Clothworkers' Company.
1. As to the Foundation and Object of this, and the other
City Companies, or Guilds, or Gilds.
These are stated in the passage from the 2nd Report
of the Commissioners under the Municipal Corporations
Commission of 1834, which was drawn up by Sir Francis
Palgrave (a high authority on such subjects), and which
is quoted by Mr. Hare in his evidence before the present
Commission. (Answer to Question 26.)
It appears from this passage that the companies were
not trading, but trade, societies, and their object was:
(a.) To protect the consumer or the employer against
the incompetency or fraud of the dealer or the artizan
(as Mr. Froude, 'History of England,' vol. i., p. 42,
speaking of cloth, says, "to ensure that the cloth put
up for sale was true cloth of true texture and full
weight"), and to secure a maintenance to the workman
by preventing his being undersold in the labour market
by an unlimited number of competitors.
(b.) To act as a domestic tribunal for the settlement
by arbitration of disputes between man and man, thus
diminishing hostile litigation, and promoting amity
and goodwill.
(c.) To perform the functions of a Benefit Society,
(and, it should be added, of a Burial Club), from which
the workman, in return for his contributions, might be
relieved in sickness, or infirmity, or old age, and have
his burial expenses paid.
(d.) To serve as institutions, as in the nature of a
modern club, in which individuals of the same class and
their families assembled in social intercourse.
They had also a Religious element. They had a
Patron Saint, who, in the case of the Clothworkers'
Company and of their predecessors the Fullers and
Shearmen, was the Virgin Mary. They attended religious services, and the funerals of deceased members.
They had chaplains who performed obits (or obiits) and
masses for the souls of the dead. They held chartered
feasts and entertainments on specified days. They also
took part in the pageants of the middle ages.
The statement made by Mr. Beal, in his pamphlet
"The Relief of the Ratepayers' Burdens," that "guild
was originally a name applied to the quarter of the
town where men and women practising a particular
trade lived," is incorrect. The name (see Herbert on
the "Twelve Great Livery Companies," vol. i., pp. 1—3)
is derived from the Saxon "Gildan," to pay, denoting
an associated body or brotherhood, because every
member was "Gildar," i.e., to pay something towards
the charge and support of such body.
Of the above-mentioned objects:
(a.) That for ensuring to the consumer or employer
excellence in the wares by means of searches, and to the
workmen protection from unlimited competition, has
long fallen into disuse. Mr. J. R. Phillips (answer to
Question 1385) puts the year 1688 as the date when
what he calls the severance of the Guilds from the
trades began, with the avowed object of treating as
public property all the estates acquired by the companies previously to that time, those since acquired by
them being, as he states, few in number. But there is
no ground for assigning that date, and Mr. Froude, in
his "History of England," vol. i., p. 50, describes the
decay of this organisation for the maintenance of fair
dealing as having taken place in the reign of Elizabeth.
It is mentioned by Mr. Hare (answer to Question 27)
that Queen Elizabeth sent to the Mercers' Company to
know why silks were so dear, and marvelled much to
learn that only one or two of the Company knew anything about silks at all. And it appears from the books
of the Clothworkers' Company that of the five persons
named as Master and Wardens in the Charter of Queen
Elizabeth, a.d. 1560, one only was a Clothworker by
trade. This Company went through the formality of
appointing searchers up to the year 1754, when the
practice was finally discontinued; but it had in fact
been a mere form for upwards of 100 years previously,
the legality of the rights of control over trade monopoly
having come to be questioned. Indeed, in the case of
the Clothworkers' Company (of Ipswich), (Godbolt,
tit. 351, p. 254), which was decided soon after the death
of Elizabeth, that is to say, in the twelfth year of King
James I., such rights were held to be void, having
been superseded by Statutes regarding trade passed in
the reign of Queen Elizabeth. The cloth manufacture,
moreover, had begun to leave the City of London for
Norwich and Ipswich, and for the west and the north of
England.
(b.) This object viz., that of arbitration, has also for
some time fallen into disuse, mainly for the reason that
the Company had no means of enforcing their award.
But, so recently as the year 1881, the Company were
appealed to, by artizans in the Cloth manufacture in
Yorkshire, to interfere to obtain from their employers
the redress of an alleged grievance in a dispute between
them and their employers. The Company, however,
declined to do so, considering that they could not usefully intervene.
Objects (c.) That for providing for the assistance of
sick and infirm and decayed and aged members, and for
the expense of the burial of poor deceased members.
And (d.) That of providing for the social intercourse
of the members (including, in the case of this Company,
the poor Freemen and Freewomen who to the number
of 200 or thereabouts are entertained in the Livery Hall
on every St. Thomas's Eve, the 20th of December); have
always been and are fulfilled by the Company.
II. As to the legal position of this and the other Companies.
It has been alleged on the part of the companies that
they were Corporations by prescription, having the
before-mentioned objects for centuries before they were
incorporated by Royal Charter, and that, even if their
Charters could be cancelled or avoided, they would
retain their character of Corporations by Prescription,
to which the legal processes of "Scire Facias" or "Quo
Warranto" could not apply.
On the other hand, it is contended that the Companies
lost their character of Corporations by Prescription, by
accepting the Royal Charters.
But there certainly is authority for the proposition
that a Corporation by Prescription, may continue as
such, notwithstanding that it obtains a Charter from
the Crown, in the incorporating part of which, words of
creation only (such as "grant," &c.) are used, those
words being capable of being taken, not as conveying a
fresh grant, but as operating to confirm something previously enjoyed by the grantees. ("Grant on Corporations," pp. 32 and 33, and the cases there cited, including "The King against the Corporation of Stratfordupon-Avon," 14, East's 'Reports,' p. 348.)
However, it is denied that the Charters are liable to
be revoked or avoided.
The grounds suggested for such liability are—
(a.) That they contain clauses, such as those giving
the right of search, which were illegal in the first instance as being in restraint of trade, and contrary to
public policy, and inconsistent with Magna Charta.
But one part of a Charter may be good and the other
parts void or voidable. ("Grant on Corporations," pp.
40, 41, and the authorities there referred to, including
"Sackville College Case;" T. Raymond's "Report," pp.
177–78; and "The East India Company against Evans
and Others," I. Vernon's "Reports," pp. 305–8; and
"Lord Mulgrave against Sir John Mounson," Freeman's (Chancery) "Report," p. 17), provided that the
void or voidable clauses are independent clauses, and
that the King was not deceived in the substance of his
grant, which was not the case with regard to these
Charters. Indeed, at the date of the later ones, it
must have been well known to the Crown that the
rights of control over trade had fallen into desuetude
or were incapable of being exercised. Therefore, if the
clauses conferring those rights were illegal, the incorporation and the other valid clauses would still remain
in force.
(b.) That the Companies having ceased to be connected with the trades (Mr. Beal says, "having ceased
to trade;" but this expression is incorrect, the Companies never did trade, certainly the Clothworkers'
Company as a Corporation, never did), the purposes for
which the Charters were granted have failed and the
Charters have ended.
But the rights of control over the trades were not
the only purposes for which the Charters were granted,
and the disuse by the Companies of those rights could
not put an end to the Charters. However, in addition
to technical legal argument, which it is necessary for
the Company in this and other instances to advance in
reply to those of the like nature used against them in
the evidence before the Commission, the Company rely
in answer to these suggestions of the invalidity of the
Charters, on the fact (as pointed out by the Earl of
Derby in his questions 986–89) that the question has
never been tested, though there has been every opportunity of testing it for an indefinite time past.
III. As to the Charters of this Company.
A volumn containing the Charters of this Company
and the grants of lands and tenements made to them,
including the Act of Parliament of 4 James I., accompanied the returns of the Company. Their first
Charters are, that granted to the Fullers' by Edward IV.,
in the twentieth year of his reign, a.d. 1480, and that
granted to the Shearmen by Henry VII., in the twentythird year of his reign, a.d. 1507–8. These Corporations
were united and reincorporated under the name of the
Clothworkers' Company by Charter of Henry VIII., in
the nineteenth year of his reign, a.d. 1527–8.
The Company's Licenses in Mortmain are contained
in their Charters, which empower them and their successors, to hold lands and tenements, notwithstanding
the statutes of Mortmain or any other statute or ordinance. Moreover, this and the other companies are
exempted from the operation of the statutes of Mortmain as regards their lands and tenements in the City
of London, devised to them by citizens resident in the
City, and paying "scot and lot," by the custom of
London. This custom is stated by Lord Chancellor
Cottenham, in the case of "The Attorney-General
against The Fishmongers' Company (Preston's Will),"
5 Mylne and Craig's "Report," p. 19, as follows:—"By
the recognised custom of the City of London, citizens,
though they could not convey lands in Mortmain, were
entitled to devise them in Mortmain, and the corporations were entitled to accept the lands so devised, whatever might be their value.
IV. As to the Constitution and Membership of the
Company.
The membership of the Company is, and has always
been, acquired.
(1) By Apprenticeship (fee nominal).
(2) By Patrimony (fee nominal).
(3) By Purchase or "Redemption."
It is contended by Mr. Firth, M.P., in his work
"Municipal London," p. 59, and also by the witnesses,
Mr. Beal and Mr. Phillips, that in the creation of the
companies membership, was restricted to the craftsmen.
Even if this had been the case it would soon have
ceased to have been so by the operation of patrimonial
succession. But it is not the fact as regards the
Clothworkers' Company and some other of the companies, e.g. the Haberdashers' and Merchant Taylors'.
The Charters of the Clothworkers' Company provide
in express terms for the inclusion in the Corporation of
persons not belonging to the mystery, that is to say, of
"the brothers and sisters of the Freemen of the mystery
or art, and others who, of their devotion, shall have
wished to belong to the Fraternity or Gild." Mr. Firth,
in his work, p. 59, quotes in support of his aforesaid
contention the words in the Clothworkers' Charter of 9
Charles I., which declare that "all persons, 'tam indigenæ quam alienigenæ,' who then used or should thereafter use the mystery of Fullers, Shearmen, or Clothworkers, within the City or suburbs, should be one body
politic." But he omits to cite the subsequent clause in
the same Charter, giving power to increase and augment
the commonalty, and to receive, make, and constitute
into it "whatsoever persons, as well natives or aliens
('tam indigenas quam alienigenas'), whom they shall
be willing to receive into the same." There are, and
always have been, Freewomen of this Company. The
Livery of the Company are chosen by Ballot from out
of those persons who possess the Freedom of the Company by the Court.
It is to be observed that, in fact, among the Freemen there are artizans practising businesses cognate
to that of Clothworking, for instance, "packers" and
"pressers."
V. As to the Government of the Company.
The governing body are, the Master, elected annually
(generally speaking in rotation according to seniority)
from the members of the Court of Assistants whohave
not passed the chair (any one who declines to serve,
paying a fine), and four Wardens, two of whom are
elected every year out of the Livery (generally in rotation according to seniority, excepting any who are
disqualified by bankruptcy or insolvency, or some other
good cause; the Company considering this mode of
election as the most fair and most beneficial in operation,
obviating, as it does, canvassing, and the resort to any
undue influence), and serving as Junior Wardens the
first year, and as senior Wardens the second year (at
the end of which they are taken on to the Court), and
about thirty-five Assistants. The emoluments of the
members of the Court are derived only from their fees
for attending the Courts and the Committees. This
mode of renumeration is objected to by Mr. Firth, and
by some of the witnesses, but it is the one usually
adopted by companies and public bodies, and it is preferable to a fixed salary, for the fees are not paid to
those who are absent, or do not come in due time, and
the members of Court, who are generally men actively
engaged in professions or business, could not be expected to give up the best hours of the day without
being remunerated (Mr. Gilbert, in answer to Question
1563, says he would not like to do so), and the amount
of the fees (between £65 and £80 per annum), is a
moderate compensation for the amount of time given
and work done.
The Courts are held on the first Wednesday in every
month (except September). They last for three hours
at least, often longer. The ordinary course of transacting business is given for the information of the
Commission. The Master and Wardens meet at 2
o'clock for the purpose of binding apprentices and admitting Freemen. At half-past 2 the general business
of the Court begins.
1. The Acts and Orders of the last Court are read by
the Clerk, and having been put from the chair and
adopted, are signed by the Master. 2. The Court then
considers various matters, not set out on the paper of
Agenda, which are brought to its notice by the Clerk
and the Master. 3. Next it considers Petitions for
Casual Relief, and Funeral Allowances, to poor members and their widows. 4. Then it receives and discusses
the Reports of the Standing Committees, "The Trusts,"
"The Estate," "Finance," and the Minutes of the
Auditors. 5. Next come any special motions of which
notice has been given. 6. Then applications for aid on
behalf of various charitable and other institutions and
bodies (any grant exceeding Twenty Guineas being
made the subject of a notice of motion for a subsequent
Court). 7. Next the Seal of the Company is affixed to
any deeds or documents requiring it. 8. Then elections
are made to any vacant posts, scholarships (boys and
girls), exhibitions to the Universities and Colleges (including those for women)—the reports of the examiners
being read and considered—almhouses, pensions, &c.
&c. 9. General business.
The Court is composed of several clergymen, one or
two barristers and solicitors, physicians, professors,
architects, and men who are, or have been, engaged
in business (including several who are, and whose
families have for generations been, engaged in businesses, such as "calendarers" and "pressers," being
subsidiary processes of the clothworking trade, and
whose experience is very valuable), estate agents
(whose practical knowledge is also very useful), and
several gentlemen interested in science and art and
antiquarian pursuits. By men so varying in professions and attainments, the different questions which
arise at the courts are discussed with great ability
and moderation. Decisions are taken by show of
hands (except the elections, which are always by
ballot). The members of the Court are mostly connected with the Company by patrimony. Some few
were originally admitted by "Redemption," or "Apprenticeship." There is no political or party influence
or bias. The constitution of the Court is regulated by
the bye-laws last ratified by the judges in 1639.
The Company notices the charges brought, or
suggested, against members of the Courts of the Companies by Mr. Firth, M.P., in his said work, and by some
of the witnesses, that they vote themselves pensions,
and make use of the charities or patronage for their
own private benefit, and obtain leases of the estates at
a low rental and relet them at a profit; only for the
purpose of giving an emphatic denial to them. No
Liveryman, or Member of the Court, can receive any
pension or alms, without resigning his position and
returning to that of a simple Freeman. With reference
to the case of a former clerk of the Company mentioned
by Mr. Phillips (answers to Questions 1283—1316), the
account given by him of the irregularities of which that
person was guilty is correct (indeed it is, as stated by
him, taken from the book of Mr. Alsager, published in
the year 1838 for the use of the Court), but from those
irregularities, and the exposure of them by Mr. Alsager,
who became Master in 1836–37, great and lasting
benefit has resulted to the Company, by the thorough
investigation of their affairs and accounts, both as
regards their Corporate and Trust property, which were
then placed on a proper footing, the permanency of
which was secured by the institution of Standing Committees. That clerk (Mr. Phillips is incorrect in saying
that he was dismissed; he died in January, 1837); was
able to take advantage of the influence and knowledge
possessed by him in consequence of the permanency
of his office, which he had held for many years, while
the Master and Wardens, who were then the only
executive body, only held office for one year and two
years respectively, and were not able to acquire during
those periods a sufficient supervisory knowledge of the
Company's affairs. This was remedied by the creation
of Standing Committees, consisting of the most experienced Members of the Court (the chief of them being
"The Trusts and General Superintendence Committee"
and "The Estate Committee"), one half of the members
of which, including the Chairman, are more or less
permanent, the other half being elected annually (the
Master for the time being is ex officio a member of all
the committees, but does not act as chairman). By
means of these committees, including especially the
Chairmen and Master, and of the auditors, a constant
and careful supervision is exercised over the clerk and
the other officials, and over the affairs and accounts of
the Company, which are now on the most excellent
basis. The Master and Chairman of the Committees
attend at the Hall generally twice a week at least, and
a recurrence of any such improprieties is now rendered
impossible.
VI. As to the Property of the Company and the Administration of it.
(1) The Corporate Estate.
(2) The Trust Estate.
(1) As to the corporate property, the Company maintain, in contradiction to the witnesses (Messrs. Hare,
Beal, and Phillips in particular),
That it is not public property (so far as by that is
meant property to or in which the general public or
any section of the public outside of the members of the
corporate body has any right or interest), and
That it is not subject to any trust, charitable or otherwise, but
That it is the absolute property in law of the Company.
In support of these propositions the Company rely
On the cases of "The Attorney-General against the
Corporation of Carmarthen," Cooper, p. 30, and "The
Mayor of Colchester v. Lowten," I, Vesey and Beames,
p. 226, mentioned by Mr. Longley in answer to Question
350, in which cases it was held that every civil corporation (and not merely a municipal corporation) had full
power at law to alienate its property, and the Court of
Chancery had no jurisdiction to restrain such alienation.
On the case of "Dale v. Brown," referred to by Sir
R. Cross in Question 976, and reported (though more
shortly) in the "Law Reports of Chancery Division,"
p. 78, where it was decided by the Master of the Rolls,
Sir George Jessell, that the existing members of the
Company, Society, or Fellowship of the Fullers and
Dyers of Newcastle were entitled to sell their property
and divide the proceeds among them, to the exclusion
of any inchoate or future right or expectation of membership.
On the statement of the present Lord Chancellor, in
answer to Question 1684, that in point of law the companies are, in his opinion, absolutely entitled to their
property, and under no trust whatever; and the other
subsequent statements by his lordship to the like effect.
On that of Mr. Hare, who, in answer to the Question
(244) whether "he would consider when a company was
empowered to purchase land contrary to the Statutes of
Mortmain, and did so purchase it, being at that time
any active trade organization, that that ought not to
be available for the trade?" says, "No; it has been
taken by the company and held by the company during
a long period, by which a title would be gained by prescription;" and the reply of Mr. Longley to Question
330, on the admission by the same witnesses that the
corporate property is not subject to any charitable use
or trust.
On the precedents, in addition to that of the beforementioned case of the Fullers and Dyers of Newcastle,
established by the division by the Doctors of Doctors'
Commons and the Serjeants-at-Law of their property
amongst themselves; the case of Serjeant's Inn Mr.
Phillips indeed attempted to distinguish from that of
the Livery Companies, on the ground that they were not
incorporated; but Lord Selborne, in his speech in the
House of Lords, quoted by Mr. Phillips in answer to
Question 1284, refused to accept incorporation as any
test as to whether a body is public or private, and reiterates this in his reply to Lord Coleridge's Question
(1686), while in his reply to Question 1680 he repudiates
the inference drawn by Mr. Phillips from his said speech,
that his lordship thought the Inns of Court (which he
did consider a public body) and the companies are in
pari conditione, saying that he does not think so at all.
Moreover and especially, the Company rely on the
fact that they have for centuries leased, sold, and otherwise dealt with their corporate property without any
interference. An instance of a sale occurs in their
records as early as the year 1550, at which time they
sold land at Greenwich belonging to them, as well as
property in Queenhithe.
They have also frequently made sales under the compulsory powers of acts of Parliament with the cognizance
of the Court of Chancery, and their title has been laid
before the most eminent conveyancers, including the
Conveyancing Counsel of the Court, and approved by
them, and the proceeds of such sales have been handed
over to the Company without obligation of reinvestment.
In 1871 they sold their Irish estate.
Their corporate property in England was acquired
by devises, made in very many instances after they had
ceased to exercise the rights of control over trade, and
in almost every case by members of the Company, who
were well acquainted with the mode in which they dealt
with their property, and by purchases made out of their
own internal revenue and income, and as regards the
large portion of their property known as the "Obit"
or "Chauntry" lands, comprised in the Letters Patent
of 4th Edward VI, a.d. 1550 (including their Hall) and
those comprised in the Letters Patent of 17th James I.,
by purchase from the Crown of the charges existing
thereon, and to these "Obit" or "Chauntry" lands
they have a Parliamentary title under the Act of
Parliament of 4 James I, a.d. 1606–7.
The following entry occurs in the books of this
Company. Vide Court 13th April, 1607.
Towchinge the bill in pliamt house for cleeeringe the landes in question of concealement.
"This daie also Sr Henry Monntague,
Recorder of the Cittie of London came
& declared to this Company that there
is a Byll p[re]ferred to the Parlyamenthowse
touchinge th'assurance of the landes
& tenements belonginge to the severall
Companyes of this Cittie, certen rents
yssuinge out of wch said landes and tenements lymited to supersticious uses were purchased by
the said sevrall Companyes of Kynge Edward the sixte
in the fourthe yeare of his raigne. The iudges &
greatest Lawyers of this land then beinge of opinion
that onely the rents ymployed or lymitted to supsticious uses were the Kynges. But not the landes
whereout those rents were yssuinge yet in these tymes
the very landes have bynne & yet are in question.
And certen patentees in the tyme of the late Queene
have gonne about, and yet doe, to entitle the said late
Queene and the Kynges Matie that now is to the said
lands and tenements (onely for theyr private gayne)
as landes concealed from the Crowne, not caringe to
bereave a nomber of poore people in this Citty &
elsewhere in the Kyngdome of theyr beste and
cheifest reliefe & mayntenance & by means of those
patentecs have drawen from the said sevrall Companyes many greate somes of money for composicon
wth the said patentees for the said landes. The rents
whereof the Companyes had formerly purchased of
the said late Kynge Edward the sixte. And so the
saide Companyes havinge payed fyrst to the Kynge
& after compounded wth the said Patentees for
the saide rents and landes sevrally for all the money
they have departed with have at this pnte (of assurance) neither rents nor landes. And thereuppon
the said Sr Henry Monntague shewed vnto the Company how beneficiall the passinge of that byll in
Parliament might be in generall to the whole Cittie
& in p[ar]ticular to every private Company. And did
advise that soe good meanes of peace and quiet for the
establishinge of theyr landes to them and theyr successors in succeedinge tymes was not to be reiected
but to be embraced. And wth all desired to know the
purpose & determinacon of this Company whether
they wolde ioyne wth the reste of the Companyes &
contribute to the chardge of passinge the said byll or
desiste and stand vppon theyr owne defence. Wherevnto it was answered that this Company althoughe
they knew theyr landes to be as cleare and free from
question as any other Company in London yet in
respecte of the generall good wch (as is declared) by
possibilitie may come to the whole Cittie and to the
Companyes in pticuler they will not leave theyr
bretheren but ioyne wth them in psequucon of the said
Byll & in contribucon to the chardges thereof after
a reasonable rate accordinge to the proporcon of the
dannger they stand in case of concealement or purchase of rents lymited to supsticious vses."
Lord Chancellor Cottenham, speaking of the Letters
Patent of 4th Edward VI and the Act of 4th James I,
says in the case of the "Attorney-General v. the Fishmongers' Company" (Kneseworth's Will) 5 Mylne and
Craig's 'Report,' p. 16, "The result is that the Company,
by means of the Letters Patent and the Act, obtained
all the title which the Act 1 Edward VI" (for vesting
in the Crown lands, &c., held for superstitious uses)
"would have given to the Crown," and again, in the
Attorney-General v. the same Company" (Preston's
Will) 5, Mylne and Craig, p. 24, "It was immaterial
whether the Crown actually seised the land itself or
only the rents, the Letters Patent of 4 Edward VI,
and the Act 4 James I, having had the effect of giving
to the Company all that the Act of I Edward VI, gave
to the King," and (at p. 18) "To dispose of rights or
property upon any evidence, however apparently clear,
against a title and course of dealing of 400 years, would
be full of danger, and no judge, not destitute of that
degree of prudence and discretion which is essential to
the administration of all system and law, but particularly to that of equity, would feel justified in doing so,
if any reasonable suggestion could be made reconciling
the history of transactions long since past away with
the enjoyment of the property;" and he marked his
sense of the impropriety of the institution of the information in that case by ordering the relators to pay the
costs. In connection with this subject reference may
be made to the case of "Pele's Will," in the year 1602,
in the King's Bench, Duke 95, 4 Coke 113, "Duke's
Charitable Uses," p. 469, in which the Crown claimed
certain houses in London, devised by one Peel, alias
Pele, to the Clothworkers' Company, to the intent that
they for ever should pay to such priest as should pray
for his soul in the Parish Church of Chilham, £9 6s. 8d.
for his salary, adjudged that "the King will not have
the houses, for they were not given to find a priest but
to pay a priest a certain sum."
The Act of 2 William and Mary, referred to by Mr.
Beal (answers to Questions 830–31), restored and confirmed to this, and the other companies, all the lands,
&c., "which they lawfully had, or had lawful right,
title, or interest of, in or to," at the time of the judgment
in Quo Warranto in the 35th year of King Charles II.
Mr. Beal lays stress on the word "lawfully" (which
he erroneously states to be placed within inverted commas in the Act, but this is not so in the King's printers'
copies of the Statute), his suggestion being that, as the
companies had no lawful title to their estates at the
time of the Quo Warranto, the Act gave them none.
But for the reasons before stated, the Company had
undoubtedly a lawful title to their estates at that time,
and the Act gave a further Parliamentary sanction to
such title.
It is necessary to mention one particular ground on
which the allegation by the witnesses that the corporate
property is "public" or municipal is attempted to be
supported, viz. that the Companies form an integral
part of the Corporation of London, and are in fact
themselves municipal corporations, because—
(a.) No person could be a Freeman of the City
who was not a Freeman of one of the Companies.
(b.) The Liverymen elect the Lord Mayor and the
other great Officers of the Corporation in Common
Hall, and vote for the election of Members of Parliament for the City.
(c.) The Corporation exercises control over the
Companies and their property.
(a.) Since 1835 it is not true that no one can be free
of the City who is not free of one of the Companies. It
is true that the freedom of the Companies carries with
it an inchoate right to the freedom of the City, but it
is not obligatory on freemen of the Companies to take
out the freedom of the City. By Act of Common Council, passed the 9th of March, 1836, it was enacted that
the apprentices of such of the freemen of the City as are
not free of any society, guild, fraternity, or company of
the City, shall, being bound before the Chamberlain
of the City, according to the forms of the indenture of
apprenticeship for apprentices of the City and duly
enrolled, according to the custom of the City, at the
expiration of the apprenticeship, be admitted to the
freedom of the City.
(b.) It is true that the Liverymen are entitled to vote
for the Lord Mayor, the Sheriffs of London and Middlesex, the Chamberlain, Aleconners, the Bridgemasters,
and the Auditors of the Bridge House accounts. (Under
11 George 1st, c. 18, § 1.) But they do not elect the
Aldermen, the Common Councilmen, or the Town Clerk
and other Municipal Officers (being precisely the officers
whom, if they had formed part of the municipality, they
would have been entitled to elect). They are also entitled to vote for Members of Parliament for the City,
but the franchise is restricted to such of them as are
free of the City, and have been so for one year, and
reside within 25 miles of it, and have paid their Livery
fines, and have not received back such fines in part or
all, or had any allowance in respect thereof, or within
two years before have requested to be, and have been,
discharged from paying taxes, or within that time received alms (Pulling's "Laws of London," p. 83 et seq.).
This franchise is properly referable to the property
qualification possessed by the Liverymen by their being
interested in property within the City (which is a county
of itself) in their own corporate right, and is analogous
to the 40s. freehold franchise in counties. For the City
of London is a county of itself, and therefore has its
Sheriffs, its Lieutenants, its County Court or hustings,
and other institutions similar to those in other counties
(Pulling, p. 16 a). The Lord Mayor derives the office
of Lieutenant or Viceroy from the Crown, and he has
all the powers of a Lord Lieutenant within his county
(Pulling, p. 19). The officers for whose election the
Liverymen vote are likewise county officers, just as the
freeholders of a county still elect the "Coroner." Some
of the companies have no Livery.
(c.) It may be true that the Court of Aldermen, as
Magistrates, did claim to exercise some sort of irregular
control over the Companies. For instance, by an order
of the Court of Aldermen, dated the 27th July, 1697, it
was directed that "no person should for the future be
called to take upon himself the livery of any of the
twelve higher companies, who was not possessed of an
estate of £1000, or of those of the inferior companies
unless he was possessed of an estate of £500." But, in
the case of the "Vintners' Company versus Pafrey," I
Burr, 235, this order was pleaded and was demurred to,
and was afterwards given up on the ground that it was
not known what authority the Lord Mayor and Aldermen had to make the order. It may be true likewise
that when in the times of irregular taxation and exaction of money by the Crown (e.g. "ship money") the
Sovereign made a requisition on the City for money,
the Lord Mayor sent a precept to the Companies to
furnish their quota. But the Crown often made a requisition, not through the Corporation, but directly, on
particular Companies, to furnish money. Herbert mentions many instances of this having been done by Queen
Elizabeth and other sovereigns.
But it is admitted by Mr. Beal and Mr. Phillips, there
is no known instance of interference on the part of the
Court of Aldermen with the property of the Companies
during the last 200 years. Mr. Beal, indeed, was by
Question 824 asked by Mr. Firth, M.P., "Have you read
the decision in the case of the refractory Companies in
1775, when between the Corporation and the Goldsmiths' Company the question was contested?" and
replied "Yes." He was then asked, "What was the
effect of that decision?" to which he answered, "The
Companies were found to be in the wrong, and that they
were an integral part of the Corporation, and it is fully
set out in your own book, ' Municipal London.'" This is
a serious misstatement of the fact. The passage referred
to is in "Municipal London," p. 43, where it is stated by
Mr. Firth that although the Common Hall is now only
called together for election purposes, there appears but
little doubt but that it might be convened for other
purposes, and in the note (*) he adds:—"This would
seem to have been finally settled in the case of the trial
of the refractory Companies in 1773, when the Warden
of the Goldsmiths' Company was successfully prosecuted in the Mayor's Court for inattention to a summons to Common Hall on other than election business"
(vide report of this case "Lawyer's Magazine," July,
1773). It is true that such a decision was obtained in
the Mayor's Court on the 14th July, 1773, in proceedings by the Common Sergeant of the City of London,
plaintiff, and Samuel Plumbe, Esq., Prime Warden or
Master of the Company of Goldsmiths, defendant (it is
also reported in the "Annual Register," vol. 16, p. 188–
191), but Mr. Beal and Mr. Firth ought to have known
that this decision was not "final," but was reversed
on appeal in the year 1775. This appears in Herbert's
well-known book on the twelve great Companies (p. 55,
note), where he says:—"Ever since Alderman Plumber's [Plumbe's] case in 1775, who was Master of the
Goldsmiths' Company, and refused to attend a Common
Hall on the precept of the Lord Mayor (Beckford) to
present to the Crown a petition for redress of grievances
(and which refusal was sanctioned by the Court of
King's Bench), several of them have uniformly declined
to attend Common Halls unless for election purposes."
The Lord Chief Justice de Grey is reported as having
stated in his judgment on the appeal. "Thus far we
know that the constitution of the City of London does
not contain these Companies." In fact, the constitution of the City consists of three distinct branches, viz.
the Lord Mayor, the Court of Aldermen, and the Court
of Common Council, which have been compared to the
three branches of the British Constitution ("Pulling's
Laws of London," p. 16, a), and in the Chamberlain of
London's case, Leonard, parts 3 and 4, p. 264, it was
laid down by Fleetwood (Justice) that "The custom of
the City is that the Mayor and Aldermen, and four
persons chosen out of each Ward by the Commonalty,
may make ordinances which they call Acts of Common
Council, and they shall bind every citizen and freeman," and that the Companies do not form part of the
constitution of the City, though they are no doubt intimately connected with it, appears from the notable fact
mentioned in "Hume's History of England" (vol. viii,
p. 308), that the Convention summoned after the final
flight of James II, was composed of all the members
who had sat in the House of Commons during any Parliament of Charles II, and to them were added the
Mayor, Aldermen, and fifty of the Common Council,
which was regarded as the most proper representative
of the people that could be summoned.
As is mentioned by Mr. Beal (answers to Questions
701–4), at the time of the passing of the Municipal
Corporations Act, 1835, the Companies were unanimously advised by high legal authorities (Lord Abinger
(then Sir James Scarlett), Sir William (then Mr. W. W.)
Follett, and Mr. W. R. Rennall) that they were not
municipal corporations, and it is difficult to understand
how they could be so, as they are not a city or a
borough.
It is right particularly to refer to the argument put
forward by Lord Coleridge (in Questions 350 and the following ones) that the Charters of themselves constitute
a trust. His Lordship asks Mr. Longley (Question 350)
whether it has ever been decided that the Charters constitute no trust. Mr. Longley refers to the "AttorneyGeneral v. The Corporation of Carmarthen," and the
"Mayor of Colchester v. Lowten." His Lordship says
(No. 351): "That does not quite answer my question;
those are municipal corporations. I am supposing the
case of a corporation created by Charter for a particular
purpose not invested with municipal authority or a
municipal corporation, but a corporation with a special
object, has it ever been decided that the Charter so
creating them and pointing out to them that object,
creates no trust ?" Mr. Longley replies that he is not
aware of any authority on the point. It is submitted
the more proper form of question would have been
"Has it ever been decided that the Charters constitute
a Trust ?" to which the answer must be in the negative,
the absence of any such decision affording the strongest
inference against the existence of any such trust. But
taking the question as Lord Coleridge put it, it is answered by the present Lord Chancellor, Lord Selborne,
who, in his before-mentioned reply to Question 1684,
states that they, the Companies, are, in his opinion,
absolutely entitled to their property, and under no trust
whatever, and in his answer to Question 1699, speaking
with regard to the Charters of the Mercers' Company,
says that any general trust upon those Charters for
charitable purposes he is quite satisfied does not exist,
and to Question 1700, with regard to the particular
Charter of the Mercers' Company, 17 Richard II, the
form of which has generally been supposed to be most
open to the construction of creating a trust, says that
that was not an incorporation for charitable purposes.
This Company desire to refer to these authoritative
statements of the Lord Chancellor which are at least
equally applicable to their Charters, not one of which
contains any expression capable of creating such a trust.
Mr. Phillips, in answer to Question 1386, says that he
does not know that the question has been raised before
the Courts whether the corporate property of the
Guilds is trust property or not. However, as regards
the Clothworkers' Company, the question was recently
raised before Mr. Justice Fry by the Metropolitan
Board of Works, who opposed the application of the
Company for payment out of Court to them of money
paid in respect of part of their corporate property at
Islington, taken by the Board under their compulsory
powers, on the ground that it was trust property. That
opposition was over-ruled by his Lordship, who ordered
the money to be paid to the Company as being absolutely entitled. But while claiming to be absolutely
entitled at law to their corporate property, and even to
have the right, with the assent of the existing members,
to divide it, the Company admit the moral responsibility
resting on them in common with all other landowners
in respect of it, and are willing to recognise a special
responsibility similar to that rightly imputed to the
great feudally descended landowners, especially those
taking their root of title from Church lands.
As to the administration of the corporate property
of the Company:
Yearly sums amounting to nearly two thirds of the
income of the Company are expended—
In disbursements supplemental to Charity Trusts
(eleemosynary, educational, or otherwise).
Annuities and Aids to Decayed Liverymen, Widows,
&c.
Donations and Subscriptions voted at Courts.
Schools.
Exhibitions and Scholarships.
Technical and General Education (on which up to
1880, the date to which their returns are made up,
the Company had expended £90,000, and have since
expended much more).
Higher Education of Women.
No charge is made against the Trusts for administration, office, or estate expenses, which are paid out of
the corporate income. And as part of their provision
for technical education they have completely finished,
at a cost of £15,000 and an annual subsidy of £1250
and upwards, their own Textile and Dyeing Department of the Yorkshire College, at Leeds (the only portion yet built), where the actual processes of weaving,
both by hand and by power loom, and dyeing and
other processes connected with the cloth manufactory
are taught, not only scientifically by lectures, but by
practical manual instruction and work, and they have
lately given £500 towards the establishment of a scholarship in commemoration of the late President of the
College, Lord Frederick Cavendish, who was a member
of the Company.
They have given £3,000 to the Building fund, and £300
per annum to the maintenance fund, of the Technical
School at Bradford, which was opened by the Prince
and Princess of Wales last year. They have made large
subscriptions for the establishment and maintenance of
similar schools at Huddersfield and Keighley. They
have founded lectures in connection with technical
education at Bristol, Stroud, and the seats of the Cloth
industry in the west, and also at Glasgow; and they
subscribe a yearly sum for the working artizans in the
cloth trade at Batley, in Yorkshire, on condition of an
adequate local subscription, and they are now going
to submit proposals to the Dewsbury Chamber of Commerce for extending and improving the facilities for
Technical Instruction in that town.
They also, as is mentioned by Lord Selborne (answer
to Question 1682), in the year 1873, took part in the
initiation of the City and Guilds Technical Institute, to
which they make large subscriptions; they also have
encouraged excellence of workmanship in cloth manufacture and dyeing, by giving medals in connection
with the recent Exhibitions at the Crystal Palace and
Bradford.
As regards general education, they have established a
scheme for making grants in aid of the education of poor
members, whether freemen or liverymen, mainly based
on competitive examination, subject to the attainment
of a high standard, and have established Exhibitions at
the North London Collegiate and Camden Schools for
Girls, to which a wing, called "Clothworkers' Hall,"
has been added, the Company paying more than half
the expense (£3100) out of their corporate income, the
rest from funds applied under Sec. 30 of the Endowed
Schools Act, 1869; cf. also P. Christian's (Isle of Man)
School.
They have also given large donations and yearly
subscriptions to Girton College, Newnham Hall, and
Somerville Hall, Oxford, for the higher education of
women, where there are open Exhibitions of considerable value.
The Company wish specially to refer to the Thwaytes'
Bequest, which is frequently mentioned by the witnesses.
Mr. Thwaytes, by his will, dated 24th of March, 1831,
left £20,000 to the Company to provide pensions of £10
for the blind, which sum (after deducting Legacy Duty)
is now invested in the sum of £19,591 16s. 9d. stock.
standing in the name of the Official Trustee of Charities, producing the income of £587 15s., whereas the
Company maintain 100 pensioners at £10 per annum
(in the whole £1000), charging the deficiency to their
corporate income.
Mr. Thwaytes likewise left "other £20,000 to be laid
out in the way that may tend to make the said Society
comfortable."
The Company hold one of their Livery dinners in
commemoration of Mr. Thwaytes, and the balance of
the fund is applied for the general purposes of the
Company, including the supplemental pensions to the
blind above mentioned. The remains of this and the
other dinners are distributed to the poor alms-people.
(2.) As to the Company's Trust Estate.
In many instances the Trust Charity property consisted of rent-charges issuing out of the corporate estate
of the Company. These the Company, in the case of
Lute's Charity and a great many other charities specified in the Table of charities set out in the Company's
returns, have redeemed, with the sanction and under
the orders of the Charity Commissioners, made in pursuance of sections 23 and 25 of the Charitable Trusts
Act, 1853, by which the Commissioners are empowered
conclusively to sanction compromises of claims on behalf
of charity and Redemption of Rent charges by the payment of sums of stock into the name of the Official
trustee of charitable Funds.
This explains the discrepancy between former returns
and reports and the present returns of the Company,
the amount of the charitable trust personal estate of
the Company being increased, and that of the real
estate being diminished by such redemptions. It is
suggested by Mr. Beal that it was very well to redeem
the rent-charges, but that it did not follow that the
surplus rents of the properties on which they were
charged do not belong to the Charities. It is a sufficient answer to this that the Charity Commissioners,
who necessarily had the titles to those properties laid
before them, would not have sanctioned the redemption
if they had considered that the whole of the property
belonged to the Charity, but would have applied to
the Attorney-General to take proceedings to enforce
the right of the Charity. The question as to whether
under devises or gifts a specific or definite portion only
of the rents of property is given to charity, and the
surplus belongs to the Company, so that the Company
and not the Charity is entitled to the benefit of the
increase in value of the property, or whether the whole
of the rents, or of the surplus of them, after answering
charges, are devoted to charity, is one depending on
the construction of the particular instrument, and has
given rise to much litigation. But out of 100 cases
about 80 (see Question 919) have been decided in favour
of the Companies, and only about 20 in favour of the
Attorney-General. Many of these cases are not reported
in the Law Reports, but it is believed that the Charity
Commissioners have a record of them.
The cases in which the Attorney-General succeeded
include those referred to by Mr. Beal of The AttorneyGeneral v. The Wax Chandlers' Company, "Law Reports
and Equity," 452, 5 Chancery, 503, 6 House of Lords
Cases, 1 (which could not have been so clear a case
as Mr. Beal represents, since Lord Romilly and Lord
Hatherley both decided in favour of the Charity; and
Lord Hatherley again refers to it as presenting features
of difficulty in Kendal's case), and the case of the
Merchant Taylors' Company v. The Attorney-General,
6 Chancery, 512 (Kendal's case), and the AttorneyGeneral v. The Drapers' Company, 4 Beavan, 17.
The cases in which the Attorney-General has failed
include those of
The Attorney-General v. The Haberdashers' Company, 4 Brown, Chancery Cases, pp. 101—103.
The Attorney-General v. The Mayor of Bristol, 2
Jacob and Walker, 295.
The Mayor South Molton v. The Attorney-General,
5 House of Lords Cases, 1.
The Attorney-General v. The Skinners' Company,
2 Russell, 417.
The Attorney-General v. Smithies, 2 Russell and
Mylne, 717.
The Attorney-General v. The Cordwainers' Company,
3 Mylne and Keen, 534.
The two cases of The Attorney-General v. the Fishmongers' Company (Kneseworth's Will) and Preston's
Will, 5 Mylne and Craig, 11—16.
The Attorney-General v. the Grocers' Company (Laxton's case), 6 Beavan, 526.
The Attorney-General v. Brazenose College, 2 Clark
and Finneley, 295.
Many of the Clothworkers' Charitable Trusts are administered under schemes of the Court of Chancery, the
Endowed Schools Act, 1869, and of the Charity Commissioners obtained at the instance of the Company,
for example, (amongst others), Burnell's and other benefactions, Hitchin's Charity, Hobby's Charity, Lute and
Midlemore's Charity, and all the funds constituting the
Company's Trust Personal Estate (which is particularised in the Company's returns) are placed in the
name of the Official Trustee of Charities. These facts
show that the reluctance imputed by Mr. Hare and Mr.
Longley to the companies to resorting to the Charity
Commissioners does not exist on the part of the Clothworkers' Company; on the contrary, they have been
anxious to avail themselves as largely as possible of the
assistance of the Commissioners. Lambe's Islington
Charity is administered under a private Act of Parliament (Lambe's Chapel and Estate Act), passed with the
co-operation of the Charity Commissioners. As before
mentioned the Company defray out of their corporate
income the expenses of the administration of the Charitable Trusts, and they do not even accept the 5 per
cent. for rent collection as receivers allowed by the
Court of Chancery and the Charity Commissioners, and
they also largely supplement the charitable gifts out of
their corporate income.
The Company desire specially to mention the case of
Middlemore's Charity, as that is referred to by Mr.
Lucraft in his evidence. Samuel Middlemore by his
will dated 24th October, 1628, bequeathed the sum of
£800 to the Company upon trust to purchase lands to
the yearly value of £40 which was to be applied in clothing for the poor. The Company endeavoured to procure such a purchase, but did not succeed in doing so in
consequence of the difficulty of finding land to produce
such an income, and of the further difficulty interposed
under the Statutes of Mortmain, there being at that
time mesne lords whose rights could not be defeated by
the Crown's Licence to hold land in Mortmain. They
therefore retained the money, paying out of their corporate income the yearly sum of £40 being the interest on
it at 5 per cent. which they gradually increased to £70
and £80. By the decree of the Court of Chancery
made in a suit commenced in 1833, it was ordered that
this Charity and that of John Middlemore (the son of
Samuel) who bequeathed £100 for similar purposes,
should constitute thereafter a charge of £45 per annum
upon the Company. Recently, under order of the
Charity Commissioners dated the 16th November, 1877,
the Company transferred the sum of £1500 Consols into
the name of the Official Trustee of Charities in satisfaction of this charge of £45. This stock has recently
been sold out and reinvested in the purchase of Ground
Rents at West Hackney amounting to £62 per annum
(with large increase in Reversion). These charities,
together with Lute's Charity, are administered under
a scheme dated January, 1878, framed by the said Commissioners, in co-operation with the Company.
VII. Reform.
The Company reserve and claim the benefit of the
protest contained in Part V. of their Returns. But,
irrespective of that protest, they would not consider
it to be their duty to offer suggestions on this head.
They would refuse to enter into a discussion of the
schemes (which, as suggested by Lord Sherbrooke,
are of doubtful public utility) for the appropriation of
the property of the Companies propounded by Messrs.
Hare, Beal, and Phillips.
They would decline to anticipate that the Commissioners would recommend to the Legislature, or that the
Legislature would sanction a measure for depriving the
Companies of their property, as proposed by the two
latter gentlemen. Such a measure would, in their
view, be an act of confiscation which would shake the
rights of property of every description, certainly the
rights of the owners of property derived under grants
of Church property, or of the possessions of the dissolved
monasteries, or would they contemplate the possibility
of any measure for taking away from the Companies
the control over their estates.
But any suggestions made by the Commissioners
themselves would meet with the respectful consideration of the Court of this Company. They, however,
point out that the purposes to which the corporate
income is now applied, general education (lower and
higher), technical education, support of hospitals, dispensaries, and other charitable and benevolent and
scientific institutions, are the very objects the adoption
of which is advocated by the more moderate of the
witnesses. The Company would not think that it
would be for the public benefit that they should be
subjected by the Legislature to any hard or fast rules
of administration.
To two suggestions which have been made they would
readily assent, viz.:
One, which regards their Corporate property, that it,
in common with all other property held in Mortmain in
the Kingdom, should be subjected to succession duty at
intervals of thirty years or thereabouts, corresponding
to a generation or an annual tax in substitution thereof.
The other, which regards their Charitable Trust
Estate, that increased power should be given over
charities to the Charity Commissioners on the lines laid
down by Mr. Longley in the course of his evidence,
subject to minor differences.
Clothworkers' Company.—Further observations and suggestions.
Trade.
The Clothworkers' Company has never spent other
than a trifling proportion of its Revenues on any trade
purposes, even in the time when the trade organisation
was in a more or less vigorous activity. And little or
nothing was ever left or given for purposes connected
with trade otherwise than as express charitable Trusts,
i.e. Loans and Apprentice Fees. Moreover, such expenses out of the Corporate Funds as may be said to
have been connected with the trade were mainly petty
disbursements on account of searches for bad workmanship, including often the cost of a dinner at a tavern or
the Hall after the day's inspection. The decay of the
Companies' connection with their Trades is well explained and illustrated by the well known passage from
Froude's " History of England," vol. i, pp. 50–62—previously referred to.
Any scheme for resuming or constituting a direct
connection with trades is impracticable, as it would
result in favouring some trades to the exclusion of
others, and especially must leave out of its scope the
great Coal, and Iron, and Textile Manufacturing Industries of the country. Such a scheme would also
be quite irreconcilable with the present industrial
organisation of the country, but in expending a considerable and increasing proportion of its income in
Technical Instruction as connected with "Clothworking" and the Textile Industries, and also (through the
medium of the City and Guilds of London Institute for
the Advancement of Technical Education) with the commercial and manufacturing interests of the metropolis
and the country generally, the Clothworkers' Company
of the present day conceives that it is acting in a spirit
cy-près to that of its ancestors, who were more closely
connected with the Trade from which the Company
took its designation.
Entertainments.
The following Feast Days seem to have been observed
at Clothworkers' Hall from ancient times:
Feast of our Lady, 25 March.
Feast of St John the Baptist, 24 June.
"Election Day," St. Peter ad Vincula
Confirmation Day (August) Venison Feasts.
Feast of St. Michael, 29 September.
Lord Mayor's Day, 9 November.
St. Thomas's Eve
and
Christmas.
Among special entertainments may be mentioned
that given in the time of the Commonwealth to Lord
General Monk, his friends, and Field Officers on 13th
March, 1659, which cost about £200.
A great deal of Plate has been given to the Company
by Members, but in 1643 much was sold, as has been
stated in the Returns, and vide Court, 7th September,
1643.—"This day also this "Court takinge into their
sad and serious considera&ctilde;ons the many greate pressinge and vgent occasions wch they have for money
as well for the paymt of their debts as otherwise.
And consideringe the danger this Citty is in by
reason of the greate distra&ctilde;ons and civill warrs of
this Kingdome Have thought fitt and so ordered
that ye Stock of Plate wch this Company hath shall
be forthwth sold at the best rate that will be given for
ye same And to this end it is ordered, and Thos
Austin Esquior and Mr. Ralph Hough are hereby
requested wth the prsent Wardens or any two of them
whereof Mr. Warden Hutchins to be one, to take the
said plate upon accompt by Indenture from Mr. Philpott the late Quarter Warden in whose possession the
said Plate is and to expose the same at the best rate
(except only such pticuler p[ar]cells thereof as in their
discretions shall seeme meete to be reserved for the
necessary use of this Company) and that before the
same be sold they cause a p[ar]ticuler to be made in
wrytinge p[ar]ticulerly of all the said p[ar]cells of Plate so
to be sold, wth the fashion the weight and the severall
Donors names To the end that the same may be repayred
and made good in statu quo when God shall enable
this Company so to doe. The wch this Court doth
commend to posterity as an Act which they earnestly
desire may be don And whereas this Company vpon
their Com[m]on Seale oweth to the said Mr. Hough £300
more wth interest And it is further ordered and
agreed that Mr. Robert Hutchins the p[rese]nte Quarter
Warden shall receave the moneys for wch the said
Plate shall be sold and shall thereout pay vnto the
said Mr. Austen and Mr. Hough their said severall
debts of Three hundred Pounds a peece wth such interest money as shall appeare to be due to them for
the same and thereupon to take up the sevrall obliga&ctilde;ons given vnto them by this Company vnder their
Com[m]on Seale for ye payment thereof And the remaynder of the said money together with remaynder
of the Plate which shall not be sold to keepe and
deteyne in his hands for the use of this Company or
otherwise to be accomptable for ye same.
"Court, 11th September, 1643.—This day also this
Court was informed by Mr. Hough the prsent Mr. and
by Thomas Austen Esquior that in pursuance of an
Order of the 7th of this moneth. They wth the assce of
Wardens of this Company had made sale of 2068 oz.
Plate p[ar]cell of the plate belonginge to this Company
vizt 1159 oz. of guilt at 5s. 2d. p[ro] oz. wch came to
£299 8. 2d. and 242 oz. pcell guilt at 4s. 11d. wch came
to £59 9. 8. and 667 oz. of white @ 4s. 10d. wch came
to £161 3. 10. In all £520 01s. 08d. And that they
have reserved unsold for the vse of this Company
1239 oz. ¼ of the said plate which sale so by them
made was very well approved of allowed and confirmed."
The Court lately (1881) passed an Order in pursuance
whereof a list of the plate presented to the Company to
1643 was compiled from various sources, and it will
become a question whether it should be replaced in
accordance with the recited Orders of Court.
All the Company's Ornamental Plate is the gift of
private members, vide page 125 of the Returns.
Plate.—List of Presentation Plate anterior to 1643.
(Note.—Articles in the Company's possession printed in italics.)
|
| Date. | Donor. | Articles. | Weight. |
| ozs. | dwts. |
| Samuel Cornock | One Slice | 20 | 10 |
| Leonard Pead | 40 Silver Hafted Knives
and Forks. |
| | 40 Spoons (2 lost). |
| 1612 | Sir Ralph Warren. Kt. & Ald. | One greate standing
Cuppee with a Cover all
gilte, with his marke in
the bottome thereof. |
| William Lambe (Master 1569) | A Nest of Bowles with a
Cover parcell gilte | 89 |
| William Armer (Master 1560) | One faire Salte with a
Cover, all gilte. |
| | And also the greate Garland of silver and gilte,
called the Master's Garland. |
| 1577 | Edward Staper | A Nest of Silver Tankards,
all gilte, with a poissy
engraven in the bottome
of every of them, weighing oz. (also £311s. 8d.
to make them a dynner). |
| " | Thomas Williams | A Silver Spoon. |
| 1578 | Edmund Burton | £10 to buy a Salt. |
| 1580 | (Mrs.) Thomasine Evans. | One standing Cuppe with
a Cover, gilte, of the
value of £13. |
| 1590 | Richard White | 5s. to buy a Silver Spoon. |
| 1596 | Launcelot Young | A Gilte standing Cuppe
with a Cover. |
| 1597 | John Clark | A fair standing Gilte
Cuppe with a Cover,
value £20. |
| 1601 | Ralph Homore | A fair standing Cuppe of
Silver, called a Nutt, with
the Cover, all gilte. |
| 1604 | Anthony Bate | £2 13s. 4d. for a Trencher
Salt. |
| 1605 | Edward Pilsworth. (Master 1601) | £10 for Plate. |
| " | Joseph Jackson (Master 1623) | £10 for Pewter. |
| " | John Waldron | A Silver Salt with a Gilt
Cover. |
| " | Edward Drurie | A Silver Spoon, all gilt. |
| " | Thomas Medley | " " |
| " | Maurice Pickering | A Standing Cup with a
Cover, all gilt. |
| 1606 | John Burnell (Master 1593) | A Basin and Ewer (now
Rosewater Dish), vide
Will of John Burnell,
dated 15th December,
1603, proved 16th August,
1605, "Item.—I give and
bequeath to the sd
Company and their
successors a basin and
an ewer of silver
parcell guilt with
myne armes and name
engraven thereon and
this insculpēon, 'The
Gift of John Burnell,
Clothworker,' of the
value of Thirty-three
pounds six shillings
eighte pence" | 72 | 1 |
| " | Sir W. Stone, Kt. (Master 1606) | Four Garlands of purple
velvet with three scutcheons of the Company's
Arms on each, richly embroidered with gold and
silver twine, lined with
crimson satin, and a fair
case to keep the Garlands
in for the use of the
Wardens of the Yeomanry. |
| " | John Collard | A fair Spoon, of silver, all
gilt. |
| 1607 | James Croppe | A little Bowl, of silver, all
gilt. |
| " | Daniel Brames | A little standing Cup with
a Cover, all gilt. |
| 1608 | Hewett Staper | Three fair Silver Bowls. |
| " | Thomas Wright | A fair Spoon parcel of
silver white (now 3 Silver
Gravy Spoons, engraved
"T.W.") | 19 | 18 |
| 1609 | Richard Bolton | £5 for piece of plate. |
| " | William Froshiers | A small standing Cup
with a Cover, all gilt. |
| 1612 | Garrett Ward | £10 for a Silver Gilt Salt. |
| " | John Burnell (Master 1593) | A small standing Cup and
Cover, all gilt. |
| 1613 | Thomas Compton | " " " |
| " | Lord Padgett | " " " |
| " | John Willett | " " " |
| " | Hugh Parry | £20 to be laid out in Silver
Plate. Six Bowls of
Silver purchased. |
| " | Thomas Chamtry | A small gilt Bowl. |
| 1614 | John Hodges | A standing Cup with a
Cover, all gilt. |
| 1615 | Frau Daustyn | A small Silver Cup. |
| " | Robert Batty | Three Silver Spoons, all
gilt. |
| 1616 | Mrs. Philpott | A fair White Silver Bowl. |
| " | Edmund Harris | £4 to purchase Plate. |
| " | Richard Lowes | £13 6s. 8d. A Fair Gilt
Salt with Cover. |
| 1617 | Roger Cogan | £10 to be laid out in a pair
of "handy rows." |
| " | John Hammer | A small standing Cup of
Silver, all gilt. |
| " | Mrs. Ball | A fair Silver Salt with a
Cover. |
| 1618 | Joseph Bond | A Small Gilt Cup. |
| " | John Humphrey (late Clerk) | A fair Gilt Salt. |
| " | Benjn. Joseph | A Silver Salt with Cover. |
| " | Richard Carter | A fair Gilt Spoon. |
| " | Margt. Pilsworth | A fair Silver Gilt Salt with
Cover. |
| " | Thomas Swayne | A Silver Gilt Salt. |
| " | John Treherne | A standing Gilt Cup and
Cove (value £10). |
| " | John Shield | A fair French Bowl of
White Silver. |
| " | Thomas Bostock | £10 to purchase Plate. |
| 1622 | Mrs. Sleyford | " " |
| 1623 | Thomas Hussey | A very fair Silver Cup
with a Cover, all gilt. |
| " | John Cooke | £10 to buy a Cup and
Cover. |
| " | John Bayworth (Master 1602) | A very fair Silver Salt with
a Cover (vide Bayworth's
Will dated 21st March,
1622). |
| | "Itm.—I give and
bequeath unto the
said Master, Wardens, and Comlty. of
Freemen of the Art
or Mystery of Clothworkers in the City
of London in token
of the goodwill which
I bear unto them, a
Salt of Silver, parcel
gilt, of the price or
value of twenty
pounds in money, to
be provided and delivered unto them by
my Executrix (if I
do not give them one
in my lifetime), upon
which I will that the
Arms of the said
Company shall be
engraven on the one
side thereof, and my
name and the year of
our Lord on the other
side thereof." |
| 1624 | Richard Westraw | £20 to purchase a Silver
Basin and Ewer. |
| 1625 | Saml. Middlemore | Two plain Silver Bowls. |
| " | Edmund Tenant | A small standing Cup
with a Cover of Silver,
all gilt. |
| 1626 | Thomas Clattery | A Silver Bowl for Beer. |
| " | Thomas Church | £10 for a dozen Silver
Spoons (now 3 Silver
Gravy Spoons) | 20 |
| 1627 | Joseph Jackson | £22 to buy Silver Basin
and Ewer | 64 | 7 |
| 1628 | Saml. Middlemore | £40 to buy Plate. Two
Silver Salvers bought in
1632 | 76 | 18 |
| 1629 | John Saunders | £9 4s. 8d. to buy Plate. |
| 1632 | John Eaglefield | A standing Cup with a
Cover, silver gilt (value
£10) | 29 | 5 |
| " | John Shukar | A small gilt stand Cup. |
| " | Valentine Moore | A standing Cup and
Cover. |
| 1638 | J. Younge | Three fair bolls of Silver
(now 2 Silver Waiters,
exchanged in 1777)
46 16
48 11 | 95 | 7 |
| 1639 | Peter Ente | A gilt standing Cup and
Cover. |
| 1640 | Ald. A. Abdey (Master 1630) | A Silver "Voyder" | 145 |
| 1641 | Roger Dunster | A Silver Salt Stand | 62 | 1 |
| 1642 | Nicholas Salby | £13 6s. 8d. to buy a Silver
Flagon. |
Charities.
A slight modification of the Charitable Trusts Bill of
1881, as accepted by the House of Lords, would go far
to give the powers reasonably required for the strengthening of the Charity Commission, so as to bring about
the gradual adaptation (subject to necessary safeguards
and rights of appeal on the part of trustees) of obsolete
and more or less worn out and useless charities to the
requirements of modern life and civilisation, e.g. such
educational charities as apprentice fees might often
be converted into scholarships or bursaries from public
elementary schools for girls and boys of exceptional
promise, whereby their education might be continued in
higher schools of successive grades, ending in the Polytechnic or Central Technical Institute. Moreover, such
other charities as are specified in Sect. 30 of the Endowed
Schools Act of 1869, might often be converted and made
applicable to purposes other than educational as—
Provident Dispensaries, Provident Societies, and other
Premiums or Incentives towards encouraging provident
habits.
Evidence might be given on the following points:
1. Increase of the Company's Income, 1842–82.
2. Proportion spent in education, charity, &c.
3. Sale of Irish estate in 1871.
4. Officers—seldom connected with Company by
Relationship or Consanguinity.
5. Charities—New Schemes.
Systematic Distribution of.
6. Internal Management and Administration.
7. Courts—composition of.
|
| 8. A. | University Scholarships—Rationale of. |
| Sutton Valence and Christian Schools. |
| Hospitals and Dispensaries. |
| Church Grants—Lambe's Trust, &c. |
| B. | Technical education as connected with Clothworking. |
| " " City and Guilds of London Institute. |
9. So-called Municipal and Parliamentary Franchise. Exercise of by Liverymen.
10. Provincial Guilds—Bristol, Sheffield (Hallamshire), Newcastle, Coventry, Norwich, Ipswich,
Exeter, York, Chester, &c.
11. Clothworkers' education and advancement.
12. Higher education of girls and women.
The following extracts from the Wardens' Accounts
illustrate some of the chief public objects to which the
Company subscribed in former times.
|
| £ | s. | d. |
| 1553/4 | Towards Suppression of Sir Thomas Wyatt's
Rebellion | 28 | 10 | 4 |
| 1555/6 | Setting forth 6 Soldiers to the Sea about
the Queen's affairs and business | 4 | 14 | 9 |
| 1556/7 | Setting forth 24 Soldiers which went to the
Camp at Saynte Quyntynes, 20 July,
1557 | 18 | 13 | 10 |
| 1557 | Setting forth 28 Soldiers who were sent
out towards Calais, the 5th January,
1557 | 64 | 15 | 1 |
| 1557 | Defence of the King and Queen's Majesties | 47 | 1 | 1 |
| 1562/3 | Setting forth 22 men who were sent to
Newhaven, the 9th July, 1563 | 55 | 1 | 0 |
| 1572 | A Show before the Queen at Greenwich | 137 | 11 | 10 |
| 1573 | Loan to the Town of Rochelle in France | 150 | 0 | 0 |
| 1621 | Defence of the Palatinate | 282 | 10 | 0 |
| 1637 | Repair of S. Paul's Cathedral | 200 | 0 | 0 |
| 1638/9 | Proportion of £8000, re Charters, Letters
Patent, &c. | 440 | 0 | 0 |
| Poor of S. Edmunds Bury, Suffolk, Visited
by Plague | 20 | 0 | 0 |
| 1642 | Distressed Protestants in Ireland | 80 | 0 | 0 |
| 1660 | Thanksgiving at S. Paul's, 5 May, 1660, to
put out and remove the Arms of the
Commonwealth from all things belonging to the Company, and to set in their
stead the Arms of His Majesty |
| King Charles and his Sons (proportion of
£12,000) | 660 | 0 | 0 |
| 1661 | Proportion for Building the Pageants on
the King's passing through the City from
the Tower to Whitehall | 530 | 0 | 0 |
| 1662 | Voluntary Present to His Majesty | 200 | 0 | 0 |
| 1666 | Towards building the Ship "The Loyal
London" | 400 | 0 | 0 |
| 1677 | Samuel Pepys, Secretary to the Admiralty,
was Master. |
| 1681 | Redeeming Barbary Slaves | 20 | 0 | 0 |
| 1707 | English Church at Rotterdam | 15 | 15 | 0 |
| 1717 | Poor Sufferers by Fire at Limehouse | 10 | 0 | 0 |
| 1731 | " " Blandford, Tiverton, and Ramsay | 60 | 0 | 0 |
| 1736 | Protestant Schools in Ireland | 50 | 0 | 0 |
| 1743 | Poor Sufferers by Fire at Omagh, in Ireland | 21 | 0 | 0 |
| 1746 | Relief, Support, and Encouragement of
His Majesty's Service | 212 | 10 | 0 |
| 1752 | Propagation of the Gospel | 21 | 0 | 0 |
| 1757 | Marine Society | 100 | 0 | 0 |
| 1759 | " " | 100 | 0 | 0 |
| Charity Schools in Ireland | 100 | 0 | 0 |
| Guildhall Subscription for Soldiers | 300 | 0 | 0 |
| 1760 | Clothing for English Soldiers in Germany | 100 | 0 | 0 |
| 1762 | School Master, Peel Town, Isle of Man | 5 | 0 | 0 |
| Towards Translating Bible into Maux | 31 | 10 | 0 |
| 1763 | Marine Society | 100 | 0 | 0 |
| Company's Poor, being a Severe Winter | 136 | 0 | 0 |
| 1770 | Sufferers by Fire at S. John's, in Antigua | 100 | 0 | 0 |
| 1771 | Marine Society | 100 | 0 | 0 |
| 1772 | Sufferers by Fire at Granada | 50 | 0 | 0 |
| 1776 | Relief of Soldiers in America | 100 | 0 | 0 |
| Relief of Poor | 100 | 0 | 0 |
| Poor Inhabitants of the City of London | 100 | 0 | 0 |
| Relief of Poor | 50 | 0 | 0 |
| Marine Society | 100 | 0 | 0 |
| 1777 | Sufferers by Fire at Basslene, S. Kitts | 52 | 10 | 0 |
| 1778 | Marine Society | 100 | 0 | 0 |
| 1779 | Society for Propagation of Gospel | 21 | 0 | 0 |
| 1780 | Marine Society | 300 | 0 | 0 |
| 1781 | Sufferers by Hurricane at Jamaica | 200 | 0 | 0 |
| " " S. Vincent | 100 | 0 | 0 |
| 1782 | " Fire in Thames Street | 5 | 5 | 0 |
| 1785 Society of Patrons of the Anniversary of
Charity Schools | 20 | 0 | 0 |
| 1792 | Towards beautifying Dunboe Church | 31 | 10 | 0 |
| Smallpox Hospital | 52 | 10 | 0 |
| 1794 | Marine Society | 100 | 0 | 0 |
| 1795 | Poor Inhabitants of Tower Ward | 31 | 10 | 0 |
| Poor of the Company, extra | 105 | 0 | 0 |
| 1796 | London Hospital | 100 | 0 | 0 |
| 1798 | Voluntary Contributions towards Defence
of Country | 500 | 0 | 0 |
| 1799 | Military Association of Tower Ward | 21 | 0 | 0 |
| 1802 | Margate Sea Bathing Infirmary | 25 | 0 | 0 |
| 1803 | Tower Ward Association | 100 | 0 | 0 |
| Patriotic Fund at Lloyd's | 300 | 0 | 0 |
| 1811 | British Prisoners in France | 52 | 10 | 0 |
| Sufferers in Portugal | 105 | 0 | 0 |
| 1812 | National Society for Education of Poor | 50 | 0 | 0 |
| Protestant School in Londonderry | 50 | 0 | 0 |
| 1813 | Russian Sufferers | 105 | 0 | 0 |
| 1814 | Relief of the Distresses in Germany | 100 | 0 | 0 |
| 1815 | Relief and Benefit of the Families of the
Brave Men Killed, and of the Wounded
Sufferers of the British Army under the
command of the Illustrious Wellington
in the signal battle of Waterloo | 210 | 0 | 0 |