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Middle Ages
RORY NAISMITH
The early medieval gilds of north-west Europe were very different from their
later medieval descendants. They were not specifically urban or economic in
focus, instead being based on religious devotion, feasting and mutual
protection, usually among members united by status and geography.
Treatment of gilds differed sharply between the two main representatives of
the tradition in the region: the Carolingian empire and Anglo-Saxon
England. In the former, gilds were vilified as coniurationes, spontaneous
oath-bound associations, which rulers feared might undermine their
authority and that of the hierarchy they represented. But in the latter gilds
flourished, especially in the tenth and eleventh centuries, when England
produced the first gild statutes of medieval Europe. This contribution
examines these two traditions, and the reasons for the break between them.
Guilds are best known as a pillar of medieval social and economic life in
towns from the twelfth century onwards. Membership of devotional or
trade-based guilds was often a preserve of citizens, or even (as for
instance at London) a prerequisite of citizenship.1 The debate over
whether occupational guilds restricted or stimulated economic
development is of long standing,2 though it is also clear that, whatever
*
I am grateful to Julia Crick, Helen Gittos, Peter Stokes, Francesca Tinti, Charles West and two
anonymous reviewers for comments and advice. Any errors which remain are my own
responsibility.
1
M. Prak, Citizens Without Nations: Urban Citizenship in Europe and the World, c. 1000–1789
(Cambridge, 2018), pp. 83–115; G.A. Williams, Medieval London from Commune to Capital
(London, 1963), pp. 45–7, 185–7 and 191–3.
2
The most thorough recent study is S. Ogilvie, The European Guilds: An Economic Analysis
(Princeton, 2019), with alternative views represented in S.R. Epstein and M. Prak (eds),
Guilds, Innovation, and the European Economy, 1400–1800 (Cambridge, 2008).
Early Medieval Europe 2020 28 (4) 627–662
© 2020 The Authors. Early Medieval Europe published by John Wiley & Sons Ltd
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is properly cited.
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628 Rory Naismith
the commercial interests of some of them, social cohesion lay at the heart
of guilds of all kinds.3 This rich communal life had its foundations in
early medieval institutions that also went by the name of guilds. Yet
the first known guilds of north-west Europe (hereafter referred to as
gilds to distinguish them) did not possess the same urban or economic
associations of so many of their later counterparts: references to them,
and the statutes they sometimes produced, show no particular interest
in trade or craft, or a concentration in towns. For this reason, early
gilds have historically been seen as something of a dead end, ‘isolées au
milieu du Moyen Âge’, as Emile Coornaert put it in 1948;4 a false start
for what would become an important institution once it aligned with
merchants and artisans. But the gilds did leave an imprint on a range
of later communal organizations, from guilds to peace movements and
urban communes.5 Their legacy is more apparent if the gilds are looked
at as a mechanism for building group solidarity. They pioneered the
blend of prandial conviviality and religious devotion that continued to
characterize guilds, confraternities and related associations in
subsequent times,6 as what Gervase Rosser has called ‘a crucial . . .
point of encounter between the individual and the group’.7
Gilds and analogous organizations could be found very widely in early
medieval Europe. Runic inscriptions from eleventh-century Sweden
mention gilds.8 The Book of the Eparch casts light on the gilds of early
tenth-century Constantinople, which formed part of a rich and distinct
tradition that reached back to Roman collegia and was tied closely to
crafts, in a similar way to those of western Europe in the later Middle
Ages.9 Against this wider background, the Anglo-Saxon and
3
G. Rosser, The Art of Solidarity in the Middle Ages: Guilds in England 1250–1550 (Oxford, 2015).
4
E. Coornaert, ‘Les ghildes médiévales (Ve–XVe siècles). Définition – évolution’, Revue
historique 199 (1948), pp. 22–55 and 208–43, at p. 29.
5
See below, pp. 657–9.
6
Rosser, Art of Solidarity, pp. 14–17; O.G. Oexle, ‘Gilden als soziale Gruppen in der
Karolingerzeit’, in H. Jankuhn (ed.), Historische und rechtshistorische Beiträge und
Untersuchungen zur Frühgeschichte der Gilde (Göttingen, 1981), pp. 284–354, at p. 287.
7
Rosser, Art of Solidarity, pp. 76–80.
8
J. Jesch, Ships and Men in the Late Viking Age: The Vocabulary of Runic Inscriptions and Skaldic
Verse (Woodbridge, 2001), pp. 239–41.
9
J. Liu, Collegia Cenonariorum: The Guilds of Textile Dealers in the Roman West (Leiden,
2009), esp. pp. 279–94; G. Dagron, ‘The Urban Economy, Seventh–Twelfth Centuries’,
in A.E. Laiou (ed.), The Economic History of Byzantium from the Seventh through the
Fifteenth Century, 3 parts (Washington, DC, 2002), II, pp. 393–461, at pp. 405–18; G.C.
Maniatis, Guilds, Price Formation and Market Structures in Byzantium (Farnham, 2009);
S.A. Epstein, Wage Labor and Guilds in Medieval Europe (Chapel Hill, 1991), pp. 1–26. It
has sometimes been supposed that collegia persisted in Italy, but this is unlikely to be the
case: P. Racine, ‘Associations de marchands et associations de métiers en Italie de 600 à
1200’, in B. Schwineköper (ed.), Gilden und Zünfte. Kaufmännsche und gewerbliche
Genossenschaften im frühen und hohen Mittelalter (Sigmaringen, 1985), pp. 127–50; Epstein,
Wage Labor, pp. 42–3.
15
For mediocres, see J.P. Devroey, Puissants et misérables: système social et monde paysan dans
l’Europe des Francs (VIe–IXe siècles) (Brussels, 2006), pp. 208–12; G. Constable, ‘Was there a
Medieval Middle Class? Mediocres (Mediani, Medii ) in the Middle Ages’, in S.K. Cohn and
S.A. Epstein (eds), Portraits of Medieval and Renaissance Living: Essays in Memory of David
Herlihy (Ann Arbor, 1996), pp. 301–23.
16
A view critiqued in Oexle, ‘Gilden als soziale Gruppen’, pp. 301–3 and 329–30; see also
I. Rembold, Conquest and Christianization: Saxony and the Carolingian World, 772–888
(Cambridge, 2018), pp. 116–18 for politicized interpretations of the Stellinga in Cold War
Germany. For the rarity, and mostly unfortunate outcome, of peasant resistance in the
early Middle Ages, see C. Wickham, ‘Space and Society in Early Medieval Peasant
Conflicts’, Settimane di studio del Centro italiano di studi sull’alto Medioevo 50 (2003),
pp. 551–86; C. Wickham, ‘Looking Forward: Peasant Revolts in Europe, 600–1200’, in
J. Firnhaber-Baker (eds), The Routledge History Handbook of Medieval Revolt (London and
New York, 2016), pp. 155–67.
17
J.L. Nelson, ‘Peers in the Early Middle Ages’, in P.A. Stafford, J.L. Nelson and J. Martindale
(eds), Law, Laity and Solidarities: Essays in Honour of Susan Reynolds (Manchester, 2001),
pp. 27–46, at pp. 39–40; A. Gautier, ‘Discours égalitaire et pratiques hiérarchiques dans les
guildes anglo-saxonnes’, in F. Bougard, D. Iogna-Prat and R. Le Jan (eds), Hiérarchie et
stratification sociale dans l’Occident médiéval (400–1100) (Turnhout, 2009), pp. 343–61.
18
Oexle, ‘Gilden als soziale Gruppen’, pp. 291–2.
19
K. Düwel, ‘Philologisches zu “Gilde”’, in Jankuhn (ed.), Historische und rechtshistorische
Beiträge, pp. 399–415; K.R. Grinda, ‘Altenglisch (ge )gilda, (ge )gildscipe, (ge )gild(e ): zu den
Bezeichnungen für “Gilde” und “Gildmitglied” in vornormannischen Quellen’, in ibid.,
pp. 370–98; Coornaert, ‘Ghildes médiévales’, pp. 29–31.
20
G. Althoff, Family, Friends and Followers: Political and Social Bonds in Medieval Europe, trans.
C. Carroll (Cambridge, 2004), pp. 91–5; J.L. Nelson, King and Emperor: A New Life of
Charlemagne (London, 2019), pp. 214–21 and 285–8; and R. McKitterick, Perceptions of the
Past in the Early Middle Ages (Notre Dame, 2006), pp. 68–80. For similar organizations in a
later period, see G. Althoff, ‘Conventiculum, conspiratio, coniuratio: The Political Power of
Sworn Associations in Tenth and Eleventh Century Germany’, in M. Aurell, J. Aurell and
M. Herrero (eds), Le sacré et la parole: le serment au Moyen Âge (Paris, 2018), pp. 57–66.
21
M. Bloch, Feudal Society, trans. L.A. Manion, 2nd edn, 2 vols (London, 1962–5), II, p. 420.
22
J. Campbell, The Anglo-Saxon State (London, 2000); Wickham, Inheritance, pp. 453–71;
R. Naismith, Medieval European Coinage, with a Catalogue of the Coins in the Fitzwilliam
Museum, Cambridge. 8: Britain and Ireland c. 400–1066 (Cambridge, 2017), pp. 214–16.
23
T. Lambert, Law and Order in Anglo-Saxon England (Oxford, 2017), pp. 210–13; Molyneaux,
Formation, pp. 63–5.
24
C. West, Reframing the Feudal Revolution: Political and Social Transformation between Marne
and Moselle, c. 800–c. 1100 (Cambridge, 2013), pp. 259–63. See also below, pp. 657–9.
25
A large topic: for a recent overview see C. Wickham, ‘Consensus and Assemblies in the
Romano-Germanic Kingdoms: A Comparative Approach’, in V. Epp and C.H.F. Meyer
(eds), Recht und Konsens im frühen Mittelalter (Ostfildern, 2017), pp. 389–424. For ‘small
worlds’ see W. Davies, Small Worlds: The Village Community in Early Medieval Brittany
(London, 1988).
Gilds in the Carolingian world are known almost entirely in negative, from a
series of legislative and narrative texts written from an outsider’s perspective:
no gilds are recorded in detail on their own terms, and all references to them
are tinged with suspicion, sometimes graduating to outright vilification.
There was a deep background to this discomfort. Gilds had existed in
Frankish society for a long time before the advent of the Carolingians.
Only one dimension of them is recorded in any detail, however.
‘Conspiracies’ (coniurationes) of priests against bishops had been
condemned since at least the fifth century.27 Not all of these would have
been gilds, but those which lasted and attained a degree of formality, in
effect were. They were a major concern in post-Roman Gaul, as the
network of local churches and of priests serving them expanded, often
bringing tension between episcopal authority and the influence of secular
locals.28 A council at Orléans in 538 singled out priests who joined
coniurationes based on an oath or a written charter.29 This decree points to
why priests’ gilds were such an affront: they undercut episcopal authority.30
Ecclesiastical legislation against priests’ gilds continued into the
seventh and eighth centuries,31 and manuscripts containing relevant
legislative texts continued to be copied through the Carolingian
period.32 A council held at Mainz in 813 also quoted a passage from
Isidore of Seville stipulating that clergy should avoid coniurationes.33
26
Wickham, ‘Consensus and Assemblies’, p. 397.
27
Council of Chalcedon, c. 18 (Acta conciliorum oecumenicorum II: Concilium universale
Chalcedonense, ed. E. Schwartz, 6 vols (Berlin, 1932–8), II.2, p. 38).
28
S. Wood, The Proprietary Church in the Medieval West (Oxford, 2006), pp. 25–30 and 67–74;
R. Godding, Prêtres en Gaule mérovingienne (Brussels, 2001), pp. 240–60.
29
Council of Orléans (538), c. 24 (Concilia Galliae a. 511–695, ed. C. de Clercq, CCSL 148A
(Turnhout, 1963), p. 123). For discussion, see J. Heuclin, Hommes de Dieu et fonctionnaires
du roi en Gaule du Nord du Ve au IXe siècle (348–817) (Villeneuve d’Ascq, 1998), p. 78;
Godding, Prêtres, pp. 289–93.
30
S. Esders and H.J. Mierau, Der althochdeutsche Klerikereid. Bischöfliche Diözesangewalt,
kirchliches Benefizialwesen und volkssprachliche Rechtspraxis im frühmittelalterlichen Baiern
(Hanover, 2000), pp. 22–39.
31
Council of Clichy (626/7), c. 3 (ed. de Clercq, p. 292). See also the Rule of Chrodegang, c. 64
(The Chrodegang Rules: The Rules for the Common Life of the Secular Clergy from the Eighth and
Ninth Centuries, ed. J. Bertram (Aldershot, 2005), pp. 276 and 332), quoting Isidore of Seville,
De ecclesiasticis officiis II.2.ii (Sancti Isidori Episcopi Hispalensis De ecclesiasticis officiis, ed. C.M.
Lawson, CCSL 113 (Turnhout, 1989), p. 53).
32
For example, six of the eleven manuscripts used to construct the CCSL edition of the 538
Council of Orléans date to the Carolingian period (Concilia Galliae, ed. de Clercq, p. 113).
33
Council of Mainz (813), c. 10 (Concilia aevi Karolini, ed. A Werminghoff, MGH Conc. 2, 2 vols
(Hanover and Leipzig, 1906–8), I, p. 263).
Gilds were still firmly on the agenda of the Frankish church in the ninth
century. The danger they posed to clerical order and obedience was grist
to the mill of censorious bishops, and there were few more censorious
than Hincmar, archbishop of Reims (845–82). The decisions stemming
from an assembly of priests in his province, held at Reims in
November 852, provide a much richer taste of what ecclesiastical
superiors feared gatherings of priests got up to.34 The three relevant
chapters leave the imagination aflame with visions of wild hedonism.
Priests had been attending raucous parties, either alone or with laymen,
where they drank to the saints or to their own souls, got into fights
and told stories to rowdy applause; others indulged in entertainments
involving bears and dancing girls, or even demonic masks. But
Hincmar’s concern with correcting wrongs means that he would have
had no cause to mention other perfectly respectable and productive
activities, such as priests and clerics discussing their ministry when they
met for meals. A short sermon written to be read out at such a meeting
emphasizes charity and care for sick and deceased members.35
The long tradition of reprimanding gatherings of priests laid a
foundation of uncertainty regarding coniurationes that was, under the
Carolingians, transmitted from councils of bishops to kings, and
from priests’ gilds to any gild that presumed to swear an oath.36 That
transference stemmed from the ruling dynasty’s preoccupation with
oaths (sacramenta), long recognized as a way of solemnly affirming the
most fundamental bonds to God, king and others, and of securing
loyalty from the whole male population.37 Two oaths were supposed to
trump all others: baptism, conceived of as a sacramentum between
34
Hincmar, First Episcopal Capitulary, c. 14–15 (Capitula Episcoporum: zweiter Teil, ed.
R. Pokorny and M. Stratmann, MGH Capit. Episc. 2 (Hanover, 1995), pp. 41–3; trans.
C. West, http://hincmar.blogspot.com/2016/03/hincmar-of-rheims-first-episcopal.html).
35
G.G. Meersseman and G. Pacini, Ordo fraternitatis: confraternite e pietà dei laici nel Medioevo,
3 vols (Rome, 1977), I, pp. 35–121 and 150–69 survey religious fraternal organizations from
before about 1050. The sermon is preserved in Bern, Burgerbibliothek AA.90.11. For an
edition, see A. Wilmart, ‘Le règlement ecclésiastique de Berne’, Revue bénédictine 51 (1939),
pp. 37–52, with recent discussion in C. Mériaux, ‘Ordre et hiérarchie au sein du clergé rural
pendant le haut Moyen Âge’, in D. Iogna-Prat, F. Bougard and R. Le Jan (eds), Hiérarchie
et stratification dans l’Occident médiéval 400–1100 (Turnhout, 2008), pp. 19–34, at pp. 130–3.
36
Oexle, ‘Gilden als soziale Gruppen’, pp. 341–8; O.G. Oexle, ‘Conjuratio und Gilden im frühen
Mittelalter. Ein Beitrag der sozialen Kontinuität zwischen Antike und Mittelalter’, in
Schwineköper (ed.), Gilden und Zünfte, pp. 151–214 (repr. in and cited from his Die
Wirklichkeit und das Wissen: Mittelaterforschung, historische Kulturwissenschaft, Geschichte und
Theorie der historischen Erkenntnis (Göttingen, 2011), pp. 496–568, at pp. 512–23.
37
O.M. Phelan, The Formation of Christian Europe: The Carolingians, Baptism, and the Imperium
Christianum (Oxford, 2015), pp. 8–42. On the break from Merovingian oaths of loyalty, see
P. Depreux, ‘La prestation du serment dans le monde franc: formes et fonctions (VIe–IXe
siècles)’, in F. Laurent (ed.), Serment, promesse et engagement: rituels et modalities au Moyen
Âge (Montpellier, 2008), pp. 517–32, at p. 520.
as to why oaths are necessary [royal missi] have to explain, first, that
they derive from ancient custom and, second, that those unfaithful
men recently plotted to cause great strife in the realm of the lord
king Charles and conspired against his life and said, when
questioned, that they had not sworn fealty to him.40
As this passage suggests, coniuratio meant any association bound by an
illicit oath, from conclaves of aristocrats who, bolstered by their resources
and followers, posed a very real threat to royal authority, to gatherings of
peasants or local priests who represented more of an ideological than a
material danger.41 The relentless repression of coniurationes sought to
kill several birds with one stone: to prevent conflicting loyalties, to
protect against rebellion by the powerful, and above all to suppress any
who might upset existing hierarchies. That message was directed first
and foremost at regional elites, as in a capitulary of 821 which
addressed the lords of servi who had formed sworn associations that
committed acts of violence in Flanders, around Cassel and Tournai,
‘and in other coastal locations’ (in caeteris maritimis locis).42 The
38
Phelan, Formation.
39
P. Depreux, ‘Les Carolingiens et le serment’, in M.-F. Auzépy and G. Saint-Guillain (eds),
Oralité et lien social au Moyen Âge (Occident, Byzance, Islam): parole donnée, foi jurée, serment
(Paris, 2008), pp. 63–80, at pp. 68–72; M. Becher, Eid und Herrschaft. Untersuchungen zum
Herrscherethos Karls des Großen (Sigmaringen, 1993), esp. pp. 79–87 and 158; C.E. Odegaard,
‘Carolingian Oaths of Fidelity’, Speculum 16 (1941), pp. 284–96; and W. Falkowski and
Y. Sassier (eds), Confiance, bonne foi, fidélité: la notion de ‘fides’ dans la vie des sociétés
médiévales (VIe–XVe siècles) (Paris, 2018). See more widely J.L. Nelson, ‘Carolingian Oaths’,
in Aurell, Aurell and Herrero (eds), Le sacré et la parole, pp. 33–55.
40
‘Quam ob rem istam sacramenta sunt necessaria, per ordine ex antiqua consuetudine explicare
faciant, et quia modo isti infideles homines magnum conturbium in regnum domni Karoli regi
voluerint terminare et in eius vita consiliati sunt et inquisiti dixerunt, quod fidelitatem ei non
iurasset.’ Capitulary of 786, 789 or 792/3, c. 1 (Capitularia regum Francorum. Tomus primus, ed.
A. Boretius, MGH Capit. 1 (Hanover, 1883), p. 66). See comments in Nelson, King and
Emperor, pp. 264–7; McKitterick, Perceptions, p. 72; and Becher, Eid und Herrschaft,
pp. 195–6. For the same concerns in earlier legislation see R. McKitterick, Charlemagne: The
Formation of a European Identity (Cambridge, 2008), pp. 237–43; J.R. Davis, Charlemagne’s
Practice of Empire (Cambridge, 2015), pp. 352–3.
41
McKitterick, Perceptions, pp. 71–3. See below, pp. 638–41.
42
Capitulary of 821, c. 1 and 7 (ed. Boretius, pp. 300–1).
death, while those without would still suffer flogging and have their hair
shaved off. There was also a second, lower class of penalty for forming an
association with a handshake (per dextras), which was evidently less
troubling than an oath, though still questionable.49 After lambasting
priestly coniurationes, Archbishop Hincmar in his episcopal capitulary
of 852 also addressed what he called geldonias vel confratrias that
extended beyond the clergy. These too were known for ribald antics,
and Hincmar notes that in at least one case a deadly quarrel had arisen
at a gild meeting. But he stopped short of an outright ban, and instead
tried to restrict gilds to acceptable religious activities like offering wax,
wine, prayer and alms, and arranging funerals.50 The last piece of
Carolingian legislation to mention gilds advocated a quite different
approach. Issued just a few months before the death of King Carloman
II (879–84), this capitulary sought to address the supposed decay of
social order in the West Frankish kingdom, and as part of that
endeavour the king asked priests and officers of the local count to
intervene with peasants (villanis) before they could form an ‘association
(collectam) . . . of the kind generally called a gild’ (quam vulgo geldam
vocant) against those who were ravaging or stealing from them. The
hope was that the peasants would bring their complaint to those
officers so that they could ‘prudently and rationally’ (prudenter et
rationabiliter) set things straight.51
One of the few gilds known in any detail from the Carolingian world,
the Stellinga, demonstrates the breadth of attitudes that gilds provoked,
as this group’s position evolved vis-à-vis other power structures. The
Stellinga (meaning something like ‘comrades’ or ‘companions [in
battle]’) were a non-elite association that emerged in Saxony in the
early 840s.52 Integration of the region into the Carolingian order and
the restructuring of its elites around loyalty to the emperor had put
increased pressure on other elements of the population; the result was
marginalization and disadvantage, boiling over into widespread armed
resistance.53 The Stellinga drew on a range of these aggrieved sub-elite
49
Capitulary of 805, c. 10 (ed. Boretius, p. 124). This decree was repeated in a capitulary of Lothar
I in 832 (c. 6) (ed. Boretius and Krause, p. 61).
50
Hincmar, First Episcopal Capitulary, c. 16 (ed. Pokorny and Stratmann, p. 43; trans. West).
51
Capitulary of Ver (884), c. 14 (Capitularia regum Francorum. Tomus secundus, ed. A. Boretius
and V. Krause, MGH Capit. 2 (Hanover, 1897), p. 375).
52
On the name of the Stellinga, see N. Wagner, ‘Der Name der Stellinga’, Beiträge zur
Namenforschung 15 (1980), pp. 128–33. The literature on the Stellinga is vast; for guidance,
including a coherent overview of earlier scholarship, see Rembold, Conquest and
Christianization, pp. 85–140; E.J. Goldberg, ‘Popular Revolt, Dynastic Politics and
Aristocratic Factionalism in the Early Middle Ages: The Saxon “Stellinga” Reconsidered’,
Speculum 70 (1995), pp. 467–501; R. Flierman, Saxon Identities, AD 150–900 (London, 2017),
pp. 126–30; E. Müller-Mertens, ‘Der Stellingaaufstand (841–843). Seine Träger und die Frage
der politischen Macht’, Zeitschrift für Geschichtswissenschaft 20 (1972), pp. 818–42.
53
Flierman, Saxon Identities, pp. 89–118 and 129–30.
groups, named by one observer (in the vernacular and Latin) as frilingi/
ingenuiles and lazzi/serviles; that is to say, freemen and ‘half-free’.54
Under normal conditions their association would probably have been
suppressed in short order by the local elite, leaving little trace behind.
But the early 840s, racked by civil war, was not a normal time. In an
unusual move, Emperor Lothar I (840–55) appealed to the Stellinga for
support against his brother Louis the German (843–76), with whom he
was locked in a struggle for support within Saxony, and promised them
a return to older, more favourable legal customs. At first the Stellinga
enjoyed a degree of success in overthrowing their masters. But they
continued to agitate after Lothar had secured peace with his brothers,
and so in summer 842 Louis the German slaughtered them ‘in a legal
massacre’ (legali . . . cede), as the historian Nithard put it.55 According
to the Annals of Saint-Bertin, 140 ringleaders were beheaded, 14 hanged
and many others mutilated, with yet more being slain after a further
uprising at the end of 842.56
Despite their bloody end, it is unlikely that the Saxon rebels presented
an existential threat to the elite or to Christianity, as some sources
claimed.57 The Stellinga did prey on lords, but probably only those who
were loyal to Louis: this would explain why Lothar was willing to court
them but incurred no obvious dishonour for doing so, and also managed
to keep elite supporters of his own in Saxony. Moreover, it is striking
that Louis himself had to intervene and suppress the movement. The
Stellinga were probably in a better position militarily than most gilds.
There was a long tradition of freemen and the half-free fighting in Saxon
armies,58 and the number of leaders executed in 842 suggests a large
movement; probably significantly bigger than most other coniurationes
and gilds. The complicated case of the Stellinga indicates that armed
engagement with a gild was not necessarily the first, best or only option
on the table. Even Louis the German apparently considered a diplomatic
solution before moving in for the kill.59
The fate of the Stellinga, and the tactics in the capitulary of Ver,
indicate that even forming a gild – let alone swearing an oath or
taking violent action – could be taken as a signal of failure; that the
mechanisms for safeguarding the lower orders of society from excessive
54
Nithard, Historiae IV.2 (Nithard: Histoire des fils de Louis le Pieux, ed. and trans. P. Lauer and
S. Glansdorff (Paris, 2012), pp. 130–2). Cf. Rembold, Conquest and Christianization, pp. 102–3;
Goldberg, ‘Popular Revolt’, pp. 471–8.
55
Nithard, Historiae IV.4 (ed. and trans. Lauer and Glansdorff, p. 142).
56
Annals of Saint-Bertin, s.a. 842 (ed. Grat, Vielliard and Clémencet, pp. 42–3; trans. Nelson, p. 54).
Althoff, Family, Friends and Followers, p. 98; and Rembold, Conquest and Christianization, p. 103
suggest that these different forms of punishment might reflect the status of individual victims.
57
Rembold, Conquest and Christianization, pp. 109–14.
58
Rembold, Conquest and Christianization, pp. 121–3.
59
Rembold, Conquest and Christianization, pp. 116–29.
64
Apsner, Vertrag und Konsens, p. 83.
65
Kosto, ‘Convenientia ’, esp. pp. 27–32 and 40–3. The relationship between oath and
convenientia became still closer in later times: A.J. Kosto, Making Agreements in Medieval
Catalonia: Power, Order and the Written Word, 1000–1200 (Cambridge, 2001), pp. 65–7 and
143–7.
66
For overviews see Depreux, ‘Carolingiens et le serment’, p. 64 (with idem, ‘Prestation du
serment’); and Esders and Mierau, Klerikereid.
67
Wickham, ‘Consensus and Assemblies’, pp. 406–9; Davies, Small Worlds, pp. 146–52 and 157–9;
eadem, ‘Suretyship in the Cartulaire de Redon’, in T.M. Charles-Edwards, M.E. Owen and D.B.
Walters (eds), Lawyers and Laymen: Studies in the History of Law Presented to Professor Dafydd
Jenkins on his Seventy-Fifth Birthday, Gwyl Ddewi 1986 (Cardiff, 1986), pp. 72–91.
68
Examples can be identified from Redon (Cartulaire de Redon, ed. A. de Courson (Paris, 1863),
no. 46: a peasant and three associates swore on an altar to the veracity of his claim to a piece
of land); St Gall (Urkundenbuch der Abtei St Gallen, ed. H. Wartmann et al., 6 vols (Zurich,
1863–1955), no. 187: a document of 806, in which the count summons the neighbours or
inhabitants of a contentious estate to explain their knowledge of the situation, on the strength
of their oath to the king); Marseille (St Victor: ARTEM (www.cn-telma.fr/originaux/index/),
no. 3966: a document of 844, in which a named list of peasants from a disputed estate are
again called in to explain under oath how their memories of past custom relate to the two
competing claims); and Saint-Denis (ARTEM, no. 3012; Recueil des actes de Charles II le
Chauve, roi de France, ed. M.G. Tessier et al., 3 vols (Paris, 1943–5), no. 228: a well-known
diploma of 861 in which Charles the Bald adjudicated the status of forty-one inhabitants of the
estate at Mitry (dép. Seine-et-Marne), in part based on the testimony, sworn over relics, from
a separate group of twenty-two of their neighbours).
69
Becher, Eid und Herrschaft, p. 13 ; Depreux, ‘Carolingiens et le serment’, p. 64.
70
Apparitio sancti Vedasti (Acta Sanctorum: Februarii I, ed. G. Henschen (Antwerp, 1658),
pp. 803–5; trans. C. West at history.dept.shef.ac.uk/translations/medieval/saint-vaast/). Cf.
C. West, ‘Visions in a Ninth-Century Village: An Early Medieval Microhistory’, History
Workshop Journal 81 (2016), pp. 1–16; and idem, ‘Le saint, le charpentier et le prêtre:
l’Apparitio Sancti Vedasti et les élites dans la Francia du IXe siècle’, in L. Jegou, T. Lienhard
and J. Schneider (eds), Faire lien: aristocratie, réseaux et échanges compétitifs. Mélanges en
l’honneur de Régine Le Jan (Paris, 2015), pp. 237–45. Priests were not supposed to enter into
oaths, though many did: Depreux, ‘Les Carolingiens et le serment’, pp. 65–6; idem,
‘Prestation du serment’, p. 526.
Anglo-Saxon gilds
The gilds that were formed in England between the early tenth and
mid-eleventh centuries were in an important sense the opposite of their
Carolingian counterparts. They are poorly known from direct
references in legal or literary sources, but in five surviving cases gilds set
their rules down in statutes. These texts form the basis of knowledge
about Anglo-Saxon gilds, meaning that the picture of them is wholly
different, if no less frustrating. While the Carolingian gilds and
coniurationes are largely known from outside, the Anglo-Saxon ones are
known from within.73
Although these gild statutes all date from the century and a half after
900, it is clear that gilds had been active in England for a long time before
then. Arguably the earliest of many brief, incidental references to gilds
come in the laws of Ine, king of the West Saxons (688–726), probably
composed 688×694. These refer to gegildan as parties who might seek a
judicial oath in favour of either a slain thief or their killer (the rather
opaque text allows either reading), in the role that the kin or lord
would normally be expected to play.74 Gegilda is indeed the word used
in later gild statutes to refer to members of a gild, and this passage has
hence sometimes been taken as the first reference to gilds in
Anglo-Saxon England.75 An alternative reading, and arguably a likelier
71
Rembold, Conquest and Christianization, pp. 104–7.
72
Reynolds, Kingdoms and Communities, p. 33. See also below, pp. 657–9.
73
The relevant texts are surveyed in Grinda, ‘Altenglisch (ge )gilda ’, pp. 371–2; S. Keynes, ‘Guild
Regulations’, in M. Lapidge, J. Blair, S. Keynes and D. Scragg (eds), The Wiley-Blackwell
Encyclopedia of Anglo-Saxon England, 2nd edn (Chichester, 2014), pp. 226–7; J. Gerchow,
Die Gedenküberlieferung der Angelsachsen, mit einem Katalog der libri vitae und Necrologien
(Berlin, 1988), pp. 71–80. For overviews, see G. Rosser, ‘The Anglo-Saxon Gilds’, in J. Blair
(ed.), Minsters and Parish Churches: The Local Church in Transition 950–1200 (Oxford, 1988),
pp. 31–4; and A. Williams, ‘A Place in the Country: Orc of Abbotsbury and Tole of
Tolpuddle, Dorset’, in R. Lavelle and S. Roffey (eds), Danes in Wessex: The Scandinavian
Impact on Southern England, c. 800–c. 1100 (Oxford, 2015), pp. 158–71, at pp. 163–6.
74
Laws of Ine, c. 16 and 21 (Die Gesetze der Angelsachsen, ed. F. Liebermann, 3 vols (Halle, 1903–16),
I, pp. 96–7 and 98–9; The Laws of the Earliest English Kings, ed. and trans. F.L. Attenborough
(Cambridge, 1922), pp. 42–3). Different translators have interpreted this passage as referring to
either side of the case: compare Attenborough’s reading with that of English Historical
Documents. Volume I: c. 500–1042, ed. D. Whitelock, 2nd edn (London, 1979) [hereafter
EHD], pp. 400–1.
75
E.g. Epstein, Wage Labor, p. 39.
one given the reference is to gegildan rather than the actual body they
formed, would see them as a more ad hoc group, assembled specifically
to pay the wergild on behalf of the slayer: a sort of ‘substitute family’
to replace or supplement the help of kin and lord when paying a
compensation that was beyond the means of an individual offender.76
Wergild-sureties who performed that function in later times seem to
have been more distinct from gilds.77 But this role would certainly be
consonant with the root meaning of gegilda and related terms,78 and
points to one practice that brought people and their resources together,
laying the foundation for more sustained gilds.
The only other reference to gilds in Anglo-Saxon legislation comes
two centuries later, in the laws of Alfred the Great (871–99). These
referred to gegildan in essentially the same context as the laws of Ine,
as parties who would be expected to share the burden of paying
wergild (along with paternal and maternal kin), and to receive wergild
(in the absence of kin).79 Whether these refer to standing or temporary
gilds, the contrast with the coolness of Carolingian legislation is
striking. In England gilds were an accepted, in-built element of the
social and legal infrastructure, a kind of supplement to kin in a judicial
setting, and potentially more reliable to boot.80 The only signs of
discomfiture related to the excesses of gilds in a social context. In the
790s or 800s, Alcuin of York wrote to the archbishop of Canterbury,
taking him to task on the English proclivity towards what he called
conventicula (‘little gatherings’): ‘curious meetings, which they are
accustomed to have and call gilds’.81 His specific worry was that these
groups were seducing people away from prayer in church, and leading
them instead to drunken parties in surrounding hills, thereby
undermining episcopal authority.82 Alcuin’s letters imply that already
by about 800 attitudes towards gilds in England seemed
uncomfortably permissive, at least to an expatriate steeped in Frankish
76
Williams, ‘Place in the Country’, p. 165; S. Esders, ‘Wergild and Social Practice in the Early
Middle Ages: A 9th-Century Reichenau Fragment and its Context’, in O. Kano and J.-L.
Lemaître (eds), Entre texte et histoire: études d’histoire médiévale offertes au professeur Shoichi
Sato (Paris, 2015), pp. 117–27; A. Rio, Slavery after Rome, 500–1100 (Oxford, 2017), pp. 67–8.
77
II Edmund, c. 7.2 and Wergild, c. 3 (ed. Liebermann, I, pp. 190–1 and 392–3).
78
Grinda, ‘Altenglisch (ge )gilda ’, pp. 372–5; Düwel, ‘Philologisches zu “Gilde”’, pp. 404–15.
79
Laws of Alfred, c. 27–8 (ed. Liebermann, I, pp. 66–7; ed. and trans. Attenborough, pp. 76–7).
80
W.A. Morris, The Frankpledge System (London, 1910), pp. 8–9.
81
‘Conventus singulares, quos solent habere et nominant coniurationes’. Alcuin, Epistolae,
nos. 290–1 (Epistolae Karolini Aevi: Tomus II, ed. E. Dümmler, MGH Epp. 4 (Berlin, 1895),
pp. 448–9). On the addressees, see D. Bullough, Alcuin: Achievement and Reputation
(Leiden, 2004), p. 86.
82
Oexle, ‘Gilden als soziale Gruppen’, p. 309; Grinda, ‘Altenglisch (ge )gilda ’, pp. 379–81;
Gerchow, Gedenküberlieferung, p. 74; J. Blair, The Church in Anglo-Saxon Society (Oxford,
2005), pp. 177–8.
83
On the convivia associated with Frankish gilds, see Devroey, Puissants et misérables, pp. 146–50;
Oexle, ‘Gilden als soziale Gruppen’, pp. 309–25; idem, ‘Conjuratio und Gilden’, pp. 509–11;
R. Kaiser, Trunkenheit und Gewalt im Mittelalter (Cologne, 2002), pp. 144–65.
84
Archbishop Wulfstan’s Canons of Edgar placed gildscip alongside minster and jurisdictional area
(scriftscir ) among rights of which no priest should try to deprive another (c. 9: Wulfstan’s
Canons of Edgar, ed. R. Fowler (London, 1972), pp. 4–5).
85
P. Sawyer, Anglo-Saxon Charters: An Annotated List and Bibliography (London, 1969) [hereafter
S], no. 1199 (Charters of Christ Church Canterbury, ed. N.P. Brooks and S.E. Kelly (Oxford,
2013), no. 87), issued 858×866. A ‘gild of cnihtas ’ (cniahta gegildan ) was among the five
groups (geferscipas ) cited among the witnesses. For discussion, see N.P. Brooks, The Early
History of the Church of Canterbury: Christ Church from 597 to 1066 (London, 1984), pp. 27–33.
86
S 1498 (Charters of the New Minster, Winchester, ed. S. Miller (Oxford, 2001), no. 25), written
977×982, left £2 to a gild of mass-priests and £1 to a gild of deacons.
87
‘Great’ Domesday Book (=London, The National Archives, E 31/2/1–2), fols 1r and 2r (s. xiex.)
refer (respectively) to a gihalla burgensium in Dover, and to thirty-three acres at Canterbury
which the burgesses held ‘for their gild’ (in gildam suam ) (Domesday Book: A Complete
Translation, ed. A. Williams and G.H. Martin (London, 2002), pp. 3 and 5). At Winchester
in the mid-eleventh century, there was at least one (and more probably two) halls associated
with gilds of cnihtas, and land outside the west gate associated with an ‘Easter gild’ (Winton
Domesday § 10, 34 and 105 (F. Barlow (ed. and trans.), ‘The Winton Domesday’, in
M. Biddle (ed.), Winchester in the Early Middle Ages: An Edition and Discussion of the Winton
Domesday (Oxford, 1976), pp. 1–141, at pp. 34, 39 and 50). See also M. Biddle and
D.J. Keene, ‘Winchester in the Eleventh and Twelfth Centuries’, in ibid., pp. 241–448, at
pp. 335–6; D.J. Keene, ‘English Urban Guilds, c. 900–1300: The Purposes and Politics of
Association’, in I.A. Gadd and P. Wallis (eds), Guilds and Associations in Europe, 900–1900
(London, 2006), pp. 3–26, at pp. 8–9; and D.J. Keene, ‘“Knights” before the Round Table:
Cnihtas, Guildhalls and Governance in Early Winchester’, in M. Henig (ed.), Intersections:
The Archaeology and History of Christianity in England, 400–1200. Papers in Honour of
Martin Biddle and Birthe Kjølbye-Biddle (Oxford, 2010), pp. 201–11). In London, a gild of
English cnihtas was confirmed as owner of property under Edward the Confessor (S 1103;
Charters of St Paul’s, London, ed. S.E. Kelly (Oxford, 2004), no. 32).
88
Keene, ‘English Urban Guilds’; W. Urry, Canterbury under the Angevin Kings (London, 1967),
pp. 126–7; J. Blair, Building Anglo-Saxon England (Princeton, 2018), p. 406. See also n. 147.
89
The literature on this is extensive: for an overview see M.T. Clanchy, From Memory to Written
Record: England, 1066–1307, 3rd edn (Oxford, 2013), pp. 30–5; with a recent case study in
R. Gallagher and F. Tinti, ‘Latin, Old English and Documentary Practice at Worcester from
Wærferth to Oswald’, Anglo-Saxon England 46 (2017), pp. 271–325.
90
On this practice see D.N. Dumville, Liturgy and the Ecclesiastical History of Late Anglo-Saxon
England: Four Studies (Woodbridge, 1992), pp. 119–27; and D.A. Woodman (ed.), Charters
of Northern Houses (Oxford, 2012), pp. 317–23; Brooks and Kelly (eds), Charters of Christ
Church, pp. 85–95 and 143–7. For gilds and minsters, see Blair, Church, pp. 453–5.
91
Bern, Burgerbibliothek, 671, fol. 75v (south-west England, Cornwall or Wales; s. ix1; prov.
Great Bedwyn, s. x1; prov. France, s. xi/xii) (H. Gneuss and M. Lapidge, Anglo-Saxon
Manuscripts: A Bibliographical Handlist of Manuscripts and Manuscript Fragments Written or
Owned in England up to 1100 (Toronto, 2014) [hereafter G&L], no. 794). See also
M. Gretsch, The Intellectual Foundations of the English Benedictine Reform (Cambridge, 1999),
pp. 343–4. The text is best edited in M. Förster, Der Flussname Themse und seine Sippe:
Studien zur Anglisierung keltischer Eignnamen und zur Lautchronologie des Altbritischen
(Munich, 1941), pp. 791–3; see also H. Meritt, ‘Old English Entries in a Manuscript at
Bern’, Journal of English and Germanic Philology 33 (1934), pp. 343–51, at pp. 344–6. It is
translated in EHD, no. 138.
92
Cambridge, University Library, Kk.1.24, with London, British Library, Cotton Tiberius B.V,
fols 74 and 76, and British Library, Sloane 1044, fol. 2 (Northumbria, s. viii; prov. Ely, s. x)
(G&L, no. 21; D.G. Scragg, A Conspectus of Scribal Hands Writing English, 960–1100
(Cambridge, 2012), nos. 269–71). The statutes (on fols 74r–v) are edited and translated in
Diplomatarium Anglicanum aevi Saxonici: A Collection of English Charters, ed. and trans.
B. Thorpe (London, 1865), pp. 610–13; a more recent translation is EHD, no. 136.
93
London, British Library, Cotton Tiberius B.V, fol. 75r (Northumbria, s. viii; prov. Exeter, s. x1)
(G&L, no. 374). The text is edited and translated in P.W. Conner, Anglo-Saxon Exeter:
A Tenth-Century Cultural History (Woodbridge, 1993), pp. 168–9; see also Councils and
Synods, with Other Documents Relating to the English Church. Volume 1: A.D. 871–1204, ed.
and trans. D. Whitelock, M. Brett and C.N.L. Brooke, 2 parts (Oxford, 1981) [hereafter
C&S], no. 16; Diplomatarium, ed. and trans. Thorpe, pp. 613–14; EHD, no. 137.
94
The Exeter statutes pre-date a document on the same folio datable to 955×959.
95
The Cambridge statutes pre-date a document on the same folio of 970×999 (Anglo-Saxon
Charters, ed. and trans. A.J. Robertson (Cambridge, 1939), no. 71).
Fig. 1 The Bedwyn gild statutes (Bern, Burgerbibliothek, 671, fols 75v–76r;
reproduced with the permission of Burgerbibliothek Bern)
Fig. 2 The Cambridge thegns’ gild statutes (London, British Library, Cotton
Tiberius B.V, fol. 74r–v; reproduced by permission of the British Library)
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Gilds, states and societies 647
Fig. 3 The Exeter gild statutes (London, British Library, Cotton Tiberius B.V, fol.
75r; reproduced by permission of the British Library)
patron of the gild (Fig. 4).96 This document has visual affinities with
contemporary diplomas and liturgical compositions, suggesting the
kind of resonances it may have conjured. The final set of statutes is
known only from significantly later copies, having been incorporated
into the collections of Anglo-Saxon law that underpin the Textus
Roffensis (Rochester, Cathedral Library, A.3.5) and (in Latin translation)
96
In the possession of the Earls of Ilchester, but deposited in Dorchester, The Dorset History
Centre, since 1997. For a facsimile, see Facsimiles of Anglo-Saxon Manuscripts, ed.
J. Cameron and trans. W.B. Sanders, 3 vols (Southampton, 1878–84), II, Earl of Ilchester
IV. On its provenance see S. Keynes, ‘The Lost Cartulary of Abbotsbury’, Anglo-Saxon
England 18 (1989), pp. 209–44, esp. p. 215. The text is edited and translated in C&S, no. 67;
see also Diplomatarium, ed. and trans. Thorpe, pp. 605–8; EHD, no. 139. Its date is inferred
from the reference to Orc, who was active from 1024 until his death in or before the period
1058×1066: Keynes, ‘Lost Cartulary’, pp. 208–9; Williams, ‘Place in the Country’, pp. 158–63.
Fig. 4 The Abbotsbury gild statutes (Dorchester, The Dorset History Centre;
published with the permission of Dorset History Centre, on behalf of the Earl of
Ilchester)
97
On the relationship of these collections see R. Naismith, ‘The Laws of London? IV Æthelred in
Context’, London Journal 44 (2019), pp. 1–16, at pp. 3–5, with references to further discussion.
98
VI Æthelstan (ed. Liebermann, I, pp. 173–83; ed. and trans. Attenborough, pp. 156–69).
99
Law codes, like gild statutes, could be preserved as loose sheets of parchment or in holy books:
Wormald, Making, pp. 181–97.
It will be apparent that there was no set form for the statutes of a gild.
That should not be interpreted as implying that they were in any way
informal or ephemeral; on the contrary, the act of writing such a text
into a sacred book, or onto a single sheet of parchment, carried
considerable weight. It was precisely how one formalized such an
enterprise. The structure and framing of the texts point to a fluid
dialogue as gilds went about crafting their regulations. Two sets of
statutes (Cambridge and Abbotsbury) open with the adverb her (‘here’)
and describe what follows as a gewrit (‘document’), while two others
(Bedwyn and London) refer to the text as a gerædnes (‘ordinance’), as
the Cambridge statutes also do at another point. Cambridge and
Abbotsbury lay out their statutes with impersonal or third-person
constructions, those of Bedwyn and Exeter combine this approach with
occasional instances of the first-person plural, while the peace-gilds of
London use the first-person plural much more consistently and
emphatically. Nothing suggests that any of the gild statutes was directly
dependent on another.100 Rather, the impression is of a widely shared
set of vocabulary and principles that could be picked, mixed and
adapted freely, leading to extensive crossover between the five in terms
of what subject matter they actually touched on. These similarities in
content are best summarized in tabular form (Table 1).
If there is any leitmotif to be discerned here, it is solidarity. The
statutes placed a high premium on participation, emphasizing the oaths
and pledges members made to each other, or even imposing fines on
those who missed meetings. Gild duties were not to be taken lightly,
for while these were voluntary associations, they brought a high degree
of responsibility and involvement in diverse aspects of the lives of
fellow members. The most frequently recurring of these was also the
most inescapable: provision for commemorating, and helping
practically with, the death of members.101 Alms and prayers offered as
part of this process might come direct from the members, from Masses
conducted by priests at gild meetings, or from prayers by monks or
priests paid for by members. A number of these provisions, and others
such as swearing an oath on relics, imply that at least some meetings
took place at an older, larger ‘mother church’ or minster.102 Sometimes
the gild members’ involvement in death and burial went much further,
100
Pace P.W. Conner, ‘Parish Guilds and the Production of Old English Literature in the Public
Sphere’, in V. Blanton (ed.), Intertexts: Studies in Anglo-Saxon Culture Presented to Paul E.
Szarmach (Tempe, 2008), pp. 255–72, at p. 264, which notes structural parallels between
the Abbotsbury and Exeter statutes.
101
V. Thompson, Dying and Death in Later Anglo-Saxon England (Woodbridge, 2004),
pp. 112–15.
102
Blair, Church, pp. 453–5; Rosser, ‘Anglo-Saxon Gilds’, p. 31. For a gild associated with York
Minster, see n. 119.
Table 1 Summary of shared points of interest in the five Anglo-Saxon gild statutes
103
Blair, Church, pp. 463–71; A. Williams, ‘Thegnly Piety and Ecclesiastical Patronage in the Late
Old English Kingdom’, Anglo-Norman Studies 24 (2002), pp. 1–24, at pp. 22–4; Thompson,
Dying and Death, p. 114. Compare S 1493 (978×1016) (Codex Diplomaticus Aevi Saxonici, ed.
J.M. Kemble, 6 vols (London, 1839–48), IV, no. 971), in which a husband and wife donate
land to Ramsey, on condition that the monks have their bodies fetched back for burial
upon the couple’s deaths.
feasts that played such a large part in the life of the gilds.104 These might
explain why most of the gilds allowed members to pay dues or fines to the
gild either in cash or in kind – unless this was simply a common practice
outside the higher landowning elite, who seemingly had a strong
preference for precious metal.105 Most gilds had a preferred alternative
commodity: sesters of honey in Cambridge, sheep, wood or ale in
Bedwyn, sesters of wheat in Abbotsbury or an ox in London. But when
the ale flowed freely there was always a risk of conviviality getting out
of hand, and most of the gilds had measures in place to fine members
who insulted one another. The Cambridge thegns’ gild even expected
fines to be levied on the lord of any cniht who drew a weapon in the
course of a meeting, and had provisions for how to handle one
member killing another.
The Anglo-Saxon gilds’ brand of hard-partying spirituality drew the
censure of outside observers, from Alcuin in the eighth century to
Walter Map in the twelfth.106 Yet within England gild feasts and
parties flourished. All five gilds combined religious and worldly
obligations, demonstrating the enthusiasm which lay society dedicated
to institutional Christian life, and the difficulty of drawing a sharp
divide between the two spheres.107 That said, the gilds vary
significantly in emphasis. Those of Abbotsbury and Exeter devote more
attention to the religious (especially liturgical) requirements of
members, as do the incomplete statutes from Great Bedwyn. The
thegns’ gild of Cambridge and the peace-gilds of London stand out for
their detailed discussions of worldly affairs, particularly regarding
violence. The Cambridge statutes focus on the acts of individual
members, and are a major source for the ongoing importance of
retributive violence in late Anglo-Saxon England.108 But the gild’s aim
was to strengthen the position of members in a dispute, or better yet to
prevent disputes altogether: it is worth stressing that the gild’s
provisions do not suggest that quarrels were common. If a member was
killed, the gild demanded its own compensation fee (like the gilds of
104
C. Lee, Feasting the Dead: Food and Drink in Anglo-Saxon Burial Rituals (Woodbridge, 2007),
pp. 48–9.
105
R. Naismith, ‘Payments for Land and Privilege in Anglo-Saxon England’, Anglo-Saxon
England 41 (2012), pp. 277–342, at pp. 308–13.
106
See the anecdote in Walter Map, De nugis curialium II.12 (Walter Map, De Nugis Curialium;
Courtiers’ Trifles, ed. and trans. M.R. James, rev. C.N.L. Brooke and R.A.B. Mynors (Oxford,
1983), pp. 154–5), with Reynolds, Kingdoms and Communities, p. 76; Rosser, Art of Solidarity,
pp. 45–6.
107
Rosser, Art of Solidarity, pp. 14–17.
108
P. Hyams, ‘Feud and the State in Late Anglo-Saxon England’, Journal of British Studies 40
(2001), pp. 1–43, esp. pp. 24–5; J. Hudson, The Oxford History of the Laws of England.
Volume II: 871–1216 (Oxford, 2012), pp. 171–5; Lambert, Law and Order, pp. 227–30.
Ine and Alfred’s law codes), with the whole membership being called on
to exact vengeance if the killer refused. In other words, anyone who
wished to take the life of a gild member would have to face not only
the kin and wergild payments, but the wrath of the whole gild.
Conversely, if a gild member killed someone out of revenge or to
remedy an insult, they could expect financial assistance towards paying
wergild. The gild’s aid had limits: vengeance should not be applied
recklessly, and if a gild member slew anyone ‘foolishly and wantonly’
(mid dysie 7 mid dole) he could expect no help at all.109
The London peace-gilds devoted most of their statutes to measures
against external aggression, particularly theft. They claimed the right
to pursue and summarily execute known thieves, including outside
their own area of jurisdiction, and had measures in place to deal with
kin groups who might resist them and for getting the support of local
reeves in that endeavour. Theft was a recurring concern, bordering on
an obsession, in royal legislation of the early tenth century, and the
aggressive policies of the Londoners in prosecuting it have close
parallels in other texts.110 What the peace-gilds did was therefore not
particularly unusual: what is more striking is that an association of
gilds claimed the authority to do so. As stressed by Susan Reynolds,
there was nothing to stop an association from asserting its rights in
the Middle Ages, so long as it had the will and the clout to do so.111
But there is a sharp contrast here with the Carolingian coniurationes,
which were seen as fundamentally lacking in formal recognition or
legitimate authority. Indeed, as a body that stuck up forcefully against
powerful kindreds who stole from members, the London peace-gilds
did exactly what Carloman II’s 884 capitulary tried to stop. It is true
that the London gilds were exceptional. They emerged at a time of
experimentation and evolution in local government, and although no
other subsequent gilds operated in quite this way, some of the
elements pioneered by the London peace-gilds – such as division into
hundreds and tens – would go on to be core components of a more
uniform English apparatus of local peacekeeping.112 In effect London’s
gilds did the same jobs that other locally constituted bodies would do
in later times with more formally constituted assemblies and officials:
109
On this form of justice, see W.I. Miller, Eye for an Eye (Cambridge, 2004).
110
Wormald, Making, pp. 299 and 305–6; D. Pratt, ‘Written Law and Communication of
Authority in Tenth-Century England’, in C. Leyser, D. Rollason and H. Williams (eds),
England and the Continent in the Tenth Century: Studies in Honour of Wilhelm Levison
(Turnhout, 2010), pp. 331–50, at pp. 334–41; S. Foot, Æthelstan: The First King of England
(New Haven, 2011), pp. 140–6; Lambert, Law and Order, pp. 174–7.
111
Reynolds, Kingdoms and Communities, p. 168.
112
Molyneaux, Formation, pp. 243–50.
the gilds provided a way to enact government and law enforcement from
the bottom up.
The peace-gilds of London stand out in a number of other ways, most
notably in structure, size and makeup. Internal references to the
organization were always in the plural, indicating that it was conceived
of as a consortium of smaller units.113 Together these demonstrate the
capacity of gilds, as spontaneous and voluntary entities, to cut across
other structures in society in aid of specific goals.114 There is no reason
to doubt that the hundreds and tens of VI Æthelstan were indeed
groups of individuals (rather than the more abstracted units of the
same names which emerged in later times), in which case the
peace-gild as a whole was surely a much bigger operation than any of
its English counterparts. Its large membership was also highly diverse.
The preface states that the regulations had been agreed by the bishops
and reeves as well as ‘nobles and peasants’ (ge eorlisce ge ceorlisce) who
belonged to London, meaning that it extended beyond the intramural
population to a proportion of those living in the vicinity.115 Women as
well as men were included, and the statutes suggest that there were
indeed both poor and wealthy members: poor widows were excused
membership fees; those without horses were expected to support those
who did have them; and only slaveholders had to contribute to
compensation costs for lost slaves. The peace-gilds would have been
a veritable cross-section of society, though doubtless dominated by
the more influential members who constituted the organization’s
supervisory committee.116
No well-evidenced Anglo-Saxon gilds drew exclusively on lower ranks
of the peasantry, in the way that Carolingian coniurationes servorum or
village-based organizations envisaged by the 884 capitulary are thought
to have done. But it is likely that such groups did exist in England.
They might in fact have been commonplace. A hint of just how
thickly distributed low-level peasant gilds might have been survives
from Exeter in the decades immediately after the Norman Conquest
(1072×1103), in the form of a list of no fewer than fourteen gilds that
113
R. Naismith, ‘The Origins of the Husting and the Folkmoot’, History 104 (2019), pp. 409–24,
at pp. 423–4; Grinda, ‘Altenglisch (ge )gilda ’, pp. 375–9. Felix Liebermann (‘Einleitung zum
Statut der Londoner Friedensgilde unter Aethelstan’, in Mélanges Hermann Fitting, 2 vols
(Montpellier, 1907–8), II, pp. 77–103, at pp. 87–90) was aware of this, but explained it as a
reference to multiple gild members.
114
Naismith, ‘Origins of the Husting’, pp. 416–22.
115
Compare the role of Mainz in M. Innes, ‘People, Places and Power in Carolingian Society’, in
M. de Jong and F. Theuws (eds), Topographies of Power in the Early Middle Ages (Leiden,
2001), pp. 397–437, at pp. 407–11.
116
VI Æthelstan 8.1 (ed. Liebermann, I, p. 178; ed. and trans. Attenborough, pp. 162–3).
Fig. 5 The Exeter village gilds (Exeter, Cathedral Library, 3501, fol. 7r–v; reproduced
with permission of the University of Exeter, Digital Humanities, and the Dean &
Chapter, Exeter Cathedral)
Fig. 6 Map of locations associated with the Exeter village gilds (drawn by the author)
117
Now Cambridge, University Library, Ii.2.11, with Exeter, Cathedral Library, 3501 (Exeter, s.
xi3/4) (G&L, no. 15). The first seven leaves, including the list of gilds (7r–v), form the
portion still held in Exeter. Diplomatarium, ed. and trans. Thorpe, pp. 608–10.
118
D. Probert, ‘Exeter’s Gildship and Manumission Records’, in S. Bassett and A.J. Spedding
(eds), Names, Texts and Landscapes in the Middle Ages: A Memorial Volume for Duncan
Probert (Donington, forthcoming).
119
Rosser, ‘Anglo-Saxon Gilds’, pp. 31–2; Connor, ‘Parish Guilds’; N.I. Orme, ‘The Kalendar
Brethren of the City of Exeter’, Report and Transactions of the Devonshire Association 109
(1977), pp. 153–69; F. Barlow, The English Church, 1000–1066: A History of the Later
Anglo-Saxon Church, 2nd edn (London, 1979), pp. 196–8.
120
Or other collective actions, such as the foundation or endowment of a local church: Blair,
Church, pp. 397–401 and 409–10.
121
York, Minster Library, MS Add. 1, fol. 161v (s. xex.–xiin.; prov. York, by 1020–3) (G&L, no.
774). Cf. W.H. Stevenson, ‘Yorkshire Surveys and Other Eleventh-Century Documents in
the York Gospels’, English Historical Review 27 (1912), pp. 1–25, at p. 10; and S. Keynes,
‘The Additions in Old English’, in N. Barker (ed.), The York Gospels (London, 1986), pp.
81–99, at p. 97.
122
The Cartulary of Holy Trinity Aldgate, ed. G.A.J. Hodgett (London, 1971), p. 168.
123
Rosser, Art of Solidarity, p. 56.
124
For the evolution of the status of thegn, see H.R. Loyn, ‘Gesiths and Thegns in Anglo-Saxon
England’, English Historical Review 70 (1955), pp. 529–49.
125
F.M. Stenton, ‘The Thriving of the Anglo-Saxon Ceorl’, in his Preparatory to Anglo-Saxon
England, ed. D.M. Stenton (Oxford, 1970), pp. 383–93; C. Senecal, ‘Keeping up with the
Godwinesons: In Pursuit of Aristocratic Status in Late Anglo-Saxon England’, Anglo-Norman
Studies 23 (2001), pp. 251–66; R. Naismith, ‘The Land Market in Anglo-Saxon Society’,
Historical Research 89 (2016), pp. 19–41, at pp. 38–9.
126
On cniht, see J. Gillingham, ‘Thegns and Knights in Eleventh-Century England: Who
was then the Gentleman?’, Transactions of the Royal Historical Society, 6th ser. 5 (1995),
pp. 129–54, at pp. 137–9.
Conclusion
132
Meersseman and Pacini, Ordo fraternitatis, I, pp. 29–31.
133
Devroey, Puissants et misérables, pp. 32–9; West, Reframing, pp. 102–5.
134
C. Pössel, ‘Authors and Recipients of Carolingian Capitularies, 779–829’, in R. Corradini, R.
Meens, C. Pössel and P. Shaw (eds), Texts and Identities in the Early Middle Ages (Vienna,
2006), pp. 253–76.
135
Innes, State and Society, pp. 124–9; West, Reframing, pp. 50–76. For counts, see Stone,
Morality and Masculinity, pp. 153–5; West, Reframing, pp. 20–2; S. Airlie, ‘The Aristocracy
in the Service of the State in the Carolingian Period’, in S. Airlie, W. Pohl and H. Reimitz
(eds), Staat im frühen Mittelalter (Vienna, 2006), pp. 93–112. For comital office as
ministerium, see de Jong, Penitential State, esp. pp. 151–2.
136
M. Costambeys, M. Innes and S. MacLean, The Carolingian World (Cambridge, 2011), pp.
271–323.
137
West, Reframing, pp. 24–6; Wickham, ‘Consensus and Assemblies’, esp. pp. 409–10.
138
Bobrycki, ‘Flailing Women’.
support for those who were not, or did not want to be, embroiled in
obligations to the elite hierarchy.139
It was in the context of the etiolation of that hierarchy, and the
shift of the centre of gravity to a more regional level in the tenth
and especially eleventh centuries, that gilds and larger gild-like
organizations found a new lease of life as a way for associations drawn
from people below the elite to exercise collective agency. Success
depended on how they related to other power structures: if arrayed
directly against established interests, gilds faced the same obstacles as
before and were cast in the same terms by detractors. The duke and
his allies violently suppressed peasants in Normandy who wished to
‘live according to their own wishes’ and ‘follow laws of their own’ by
means of a large coniuratio in 996.140 A more successful cousin of
early gilds, the diocesan associations of the ‘Peace of God’ movement,
went in a completely different direction.141 These recalled the London
peace-gilds in their inclusion of bishops and aristocrats, and in their
primary concern with peacekeeping. But they went even further: oaths
of peace towards the church and pauperes, sworn under episcopal
leadership, lay at the heart of the effort. What distinguished them was
a much more formal religious element in their formation and
motivation. On a practical level, the Peace movement also benefited
from being larger and more narrowly focused in purpose than many
gilds, and a similar interest in collective maintenance of peace would
in time also feed into the first urban communes of northern
Europe.142 Towns, with their growing concentrations of people,
migration and complex relationships, were especially fertile ground.
Those of northern Italy in the late eleventh century likewise saw
oath-bound associations of citizens take on a more formal,
governmental character as the infrastructure of royal government
139
C. Wickham, ‘Rural Society in Carolingian Europe’, in R. McKitterick (ed.), The New
Cambridge Medieval History. Volume II, c. 700–c. 900 (Cambridge, 1995), pp. 510–37, at pp.
521–3.
140
‘Iuxta suos libitus uiuere . . . legibus uterentur suis’. William of Jumièges, Gesta Normannorum
ducum V.2 (The Gesta Normannorum Ducum of William of Jumièges, Orderic Vitalis, and
Robert of Torigni, ed. and trans. E.M.C. van Houts, 2 vols (Oxford, 1992–5), II, p. 4). Cf.
B. Gowers, ‘996 and All that: The Norman Peasants’ Revolt Reconsidered’, EME 21 (2013),
pp. 71–98; and Wickham, ‘Space and Society’, pp. 568–74.
141
T. Head and R.W. Landes (eds), The Peace of God: Social Violence and Religious Response in
France around the Year 1000 (Ithaca, 1992); D. Barthélemy, L’an mil et la paix de Dieu: la
France chrétienne et féodale (Paris, 1999); Koziol, Peace of God; O.G. Oexle, ‘Peace through
Conspiracy’, in B. Jussen (ed.), Ordering Medieval Society: Perspectives on Intellectual and
Practical Modes of Shaping Social Relations (Philadelphia, 2001), pp. 285–322.
142
A. Vermeesch, Essai sur les origines et la signification de la commune dans le nord de la France
(XIe et XIIe siècles) (Heule, 1966); D. Kennelly, ‘Medieval Towns and the Peace of God’,
Medievalia et humanistica 15 (1962), pp. 42–52; T. Reuter, Medieval Polities and Modern
Mentalities, ed. J.L. Nelson (Cambridge, 2006), pp. 78–9.
retreated.143 Specific groups within towns also stood to benefit from the
free-standing solidarity and support that gilds offered:144 the first
mercantile gilds emerged in Tiel and other Low Country towns after
about 1000, as commercial growth made it desirable for particular
groups to seek their own advantage at the expense of competitors.145
English gilds prefigure elements of this picture, being jarringly more
visible from the mid-ninth and especially early tenth century onwards.
Far from hiding their light under a bushel, these numerous and diverse
gilds openly owned property and intervened in legal processes. This
situation arose from underlying differences in how legitimate political
and collective action was conceived of. In Carolingian Francia,
legitimacy was the preserve of those in direct touch with royal authority,
leaving spontaneously convoked gilds in a marginal and contentious
political, collective space, ideologically and sometimes violently opposed
to lordly power.146 Gilds and their members had a freer hand to operate
in England because they were treated as, and functioned as, collective
participants in political society. These conditions allowed several kinds
of gild to flourish. The London peace-gilds and Exeter village gilds
indicate something of their variety, as diverse in role and form as the
communities that gave rise to them. But the most important element in
surviving sources consisted of men who sat at the cusp of elite status.
Collectively, such individuals wielded considerable clout in England,
and gilds were an effective way of harnessing it.
The roots of their prominence lie in the relative weakness of English
kings and elites in earlier times. Historically, both had operated in the
midst of a large population of free peasants.147 That situation was
changing in the tenth and eleventh centuries, although it left an
143
C. Wickham, ‘The “Feudal Revolution” and the Origins of Italian City Communes’,
Transactions of the Royal Historical Society 24 (2014), pp. 29–55, esp. pp. 47–55; idem,
Sleepwalking into a New World: The Emergence of Italian City Communes in the Twelfth
Century (Princeton, 2015).
144
T. De Moor, ‘The Silent Revolution: A New Perspective on the Emergence of Commons,
Guilds, and Other Forms of Corporate Collective Action in Western Europe’, International
Review of Social History 53 (2008), pp. 179–212; A.E. Verhulst, The Rise of Cities in
North-West Europe (Cambridge, 1999), pp. 123–31; G. Dilcher, ‘Personale und lokale
Strukturen kaufmännischen Rechts als Vorformen genossenschaftlichen Stadtrechts’, in K.
Friedland (ed.), Gilde und Korporation in den nordeuropäischen Städten des späten Mittelalters
(Cologne, 1984), pp. 65–78.
145
Coornaert, ‘Ghildes médiévales’, pp. 48–55; O.G. Oexle, ‘Die Kaufmannsgilde von Tiel’, in K.
Düwel (ed.), Untersuchungen zu Handel und Verkehr der vor- und frühgesschichtlichen Zeit in
Mittel- und Nordeuropa. 6: Organisationsformen der Kaufmannsvereinigungen in der
Spätantike und im frühen Mittelalter (Göttingen, 1989), pp. 173–96; R. Dessí and S. Ogilvie,
‘Social Capital and Collusion: The Case of Merchant Guilds’, CESifo Working Paper Series
No. 1037 (2003), https://ssrn.com/abstract=449263.
146
Wickham, ‘Looking Forward’, p. 163.
147
C. Wickham, Framing the Early Middle Ages: Europe and the Mediterranean, 400–800
(Oxford, 2005), pp. 303–26 and 339–51; idem, Inheritance, pp. 159–64 and 467–71.
148
R. Faith, The English Peasantry and the Growth of Lordship (London, 1997), pp. 153–77; C.
Dyer, Making a Living in the Middle Ages: The People of Britain 850–1520 (New Haven,
2002), pp. 29–35; Blair, Church, pp. 370–4.
149
Gillingham, ‘Thegns and Knights’; R. Faith, The Moral Economy of the Countryside:
Anglo-Saxon to Anglo-Norman England (Cambridge, 2019), pp. 110–22; Naismith, ‘Land
Market’, pp. 35–41. Keene, ‘Knights’, makes a case for the mercantile roots of gilds of
cnihtas, and a document from Canterbury dating to 1093×1109 describes a cepmannegild
made up of cnihtan (Urry, Canterbury, p. 385; cf. D.A.E. Pelteret, Catalogue of English
Post-Conquest Vernacular Documents (Woodbridge, 1990), no. 90).
150
S. Baxter and C. Lewis, ‘Domesday Book and the Transformation of English Landed Society,
1066–86’, Anglo-Saxon England 46 (2017), pp. 343–403, at pp. 368 and 370.
151
Wickham, Inheritance, p. 471.
152
Lambert, Law and Order, pp. 1–7 and 169–71; L. Roach, ‘Law Codes and Legal Norms in Later
Anglo-Saxon England’, Historical Research 86 (2013), pp. 465–86.
153
J. Campbell, The Anglo-Saxon State (London, 2000), pp. 13–16 and 207–23; R. Naismith, ‘The
Currency of Power in Late Anglo-Saxon England’, History Compass 17 (2019), https://doi.org/
10.1111/hic3.12579. For the ‘gentry’, Gillingham, ‘Thegns and Knights’.
University of Cambridge
154
S. Baxter, The Earls of Mercia: Lordship and Power in Late Anglo-Saxon England (Oxford,
2007), esp. pp. 204–15; idem, ‘Lordship and Justice in Late Anglo-Saxon England: The
Judicial Functions of Soke and Commendation Revisited’, in S. Baxter, C.E. Karkov, J.L.
Neson and D. Pelteret (eds), Early Medieval Studies in Memory of Patrick Wormald
(Aldershot, 2009), pp. 383–420.