Draper was originally a term for a retailer or wholesaler of cloth that was mainly for clothing. A draper may additionally operate as a cloth merchant or a haberdasher .
112-482: Drapers were an important trade guild during the medieval period , when the sellers of cloth operated out of drapers' shops. However the original meaning of the term has now largely fallen out of use. In 1724, Jonathan Swift wrote a series of satirical pamphlets in the guise of a draper called the Drapier's Letters . A number of notable people who have at one time or another worked as drapers include: A draper
224-495: A 1 ⁄ 6 -shekel per day freight rate for a 60-gur vessel. A type of guild was known in Roman times. Known as collegium , collegia or corpus , these were organised groups of merchants who specialised in a particular craft and whose membership of the group was voluntary. One such example is the corpus naviculariorum , a collegium of merchant mariners based at Rome's La Ostia port . The Roman guilds failed to survive
336-443: A bill of lading is almost invariably given. When a whole cargo is carried, the terms are set out in a document called a charter-party, signed by or on behalf of the shipowner on the one part, and the shipper, who is called the charterer, on the other. When there is no written contractual agreement, the rights of the parties depend on the rules of law, or on the warranties or promises that, though not expressed, are implied as part of
448-430: A "first hand" because they are often the most skilled creator in the workshop and the "first" to work with the cloth for a garment. However a first hand in a costume studio is often an assistant to the draper. They are responsible for cutting the fabric with the patterns and assisting in costume fittings. Guild A guild ( / ɡ ɪ l d / GILD ) is an association of artisans and merchants who oversee
560-642: A 'tramping' allowance for those needing to travel to find work. As the guild system of the City of London declined during the 17th century, the Livery Companies transformed into mutual assistance fraternities along such lines. European guilds imposed long standardized periods of apprenticeship , and made it difficult for those lacking the capital to set up for themselves or without the approval of their peers to gain access to materials or knowledge, or to sell into certain markets, an area that equally dominated
672-421: A 2-shekel wage for each 60- gur (300- bushel ) vessel constructed in an employment contract between a shipbuilder and a ship-owner. Law 275 stipulated a ferry rate of 3- gerah per day on a charterparty between a ship charterer and a shipmaster . Law 276 stipulated a 2 1 ⁄ 2 -gerah per day freight rate on a contract of affreightment between a charterer and shipmaster, while Law 277 stipulated
784-453: A clause as to the shipowner's lien . Without any express provision for it, the shipowner has by common law a lien for freight. If it is desired to give the shipowner a lien for demurrage or other charges, it must be expressly provided for. The lien is the right of the shipowner to retain the goods carried until paid the freight charges, demurrage, or other charge for which a lien has been given. The lien may be waived, and ends with delivery of
896-423: A corporation without a charter, such adulterine guilds, as they were called, were not always disfranchised upon that account, but obliged to fine annually to the king for permission to exercise their usurped privileges. Karl Marx in his Communist Manifesto also criticized the guild system for its rigid gradation of social rank and what he saw as the relation of oppressor and oppressed entailed by this system. It
1008-427: A decline in women's labor in south German cities from the 16th-18th centuries to both economic and cultural factors; as trades became more specialized, women's domestic responsibilities hindered them from entering the workforce. German guilds started to further regulate women's participation at this time, limiting the privileges of wives, widows, and daughters. It also forbade masters from hiring women. Crowston notes that
1120-516: A journeyman and entitled him to travel to other towns and countries to learn the art from other masters. These journeys could span large parts of Europe and were an unofficial way of communicating new methods and techniques, though by no means all journeymen made such travels — they were most common in Germany and Italy, and in other countries journeymen from small cities would often visit the capital. After this journey and several years of experience,
1232-401: A journeyman could be received as master craftsman, though in some guilds this step could be made straight from apprentice. This would typically require the approval of all masters of a guild, a donation of money and other goods (often omitted for sons of existing members), and the production of a so-called " masterpiece ", which would illustrate the abilities of the aspiring master craftsman; this
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#17327720166451344-430: A lifetime progression of apprentice to craftsman , and then from journeyman eventually to widely recognized master and grandmaster began to emerge. In order to become a master, a journeyman would have to go on a three-year voyage called journeyman years . The practice of the journeyman years still exists in Germany and France. As production became more specialized, trade guilds were divided and subdivided, eliciting
1456-466: A man who was not a member, she usually lost that right. The historian Alice Clark published a study in 1919 on women's participation in guilds during the Medieval period. She argued that the guild system empowered women to participate in family businesses. This viewpoint, among others of Clark's, has been criticized by fellow historians, and has sparked debate in scholarly circles. Clark's analysis of
1568-404: A negotiable property title. Under this type of carriage, the bill of lading assumes two main tasks, as cargo receipt and property title. In liner shipping it assumes a triple identity: property title, cargo receipt and carriage contract. In tramp shipping, object of this wiki entry, the carriage contract is the charter party. The difficulty of construing the terms of bills of lading with regard to
1680-505: A network of cottagers who spun and wove in their own premises on his account, provided with their raw materials, perhaps even their looms, by the capitalist who took a share of the profits. Such a dispersed system could not so easily be controlled where there was a vigorous local market for the raw materials: wool was easily available in sheep-rearing regions, whereas silk was not. In Florence, Italy , there were seven to twelve "greater guilds" and fourteen "lesser guilds". The most important of
1792-509: A schooling period during which he was first called an apprenticeship . After this period he could rise to the level of journeyman . Apprentices would typically not learn more than the most basic techniques until they were trusted by their peers to keep the guild's or company's secrets. Like journey , the distance that could be travelled in a day, the title 'journeyman' derives from the French words for 'day' ( jour and journée ) from which came
1904-420: A set of self-employed skilled craftsmen with ownership and control over the materials and tools they needed to produce their goods. Some argue that guilds operated more like cartels than they were like trade unions (Olson 1982). However, the journeymen organizations, which were at the time illegal, may have been influential. The exclusive privilege of a guild to produce certain goods or provide certain services
2016-591: A significant number of women members. John, Duke of Berry documents payments to female musicians from Le Puy, Lyons, and Paris. In Rouen women had participated as full-fledged masters in 7 of the city's 112 guilds since the 13th century. There were still many restrictions. Medieval Parisian guilds did not offer women independent control of their work. Women did have problems with entering healers' guilds, as opposed to their relative freedom in trade or craft guilds. Their status in healers' guilds were often challenged. The idea that medicine should only be practiced by men
2128-403: A time charter-party, the shipowner largely parts with control of his ship. The ship is employed, within certain limits, according to needs of the charterers. However, the shipowner remains in possession of the vessel via his employee, the master. The master remains responsible to the owner for the safety and proper navigation of the ship. This means that the holder of a bill of lading signed by
2240-572: A town's place in global commerce — this led to modern trademarks . In many German and Italian cities, the more powerful guilds often had considerable political influence, and sometimes attempted to control the city authorities. In the 14th century, this led to numerous bloody uprisings, during which the guilds dissolved town councils and detained patricians in an attempt to increase their influence. In fourteenth-century north-east Germany, people of Wendish , i.e. Slavic , origin were not allowed to join some guilds. According to Wilhelm Raabe, "down into
2352-403: A voyage or a period of time. A charter-party for a voyage is a formal agreement made between the owner of the vessel and the charterers, in which they agree that the vessel will load a specific cargo at a specific place—and the ship, once loaded will go directly to a specified place, or to a place to be named at a specified port of call , where the cargo will be delivered. Some clauses specify
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#17327720166452464-423: A voyage. Though not strictly contractual, these are well established by the customs of merchants, and recognized by law. When a ship carries a cargo on a voyage, the master—to some extent—represents the owners of both ship and cargo. An emergency may require that the master, without waiting for authority or instructions, incur expense or make sacrifices as agent—not just for his employer, the shipowner, but also for
2576-427: Is a contract between the shipowner and charterers, by which the shipowner agrees to let and the charterers to hire the vessel for a specified term for employment—either generally in any lawful trade or on voyages within certain limits. The time charter-party usually names a place where the vessel must be re-delivered to the owners at the end of the term, and the freight is payable until then. The owner almost always pays
2688-425: Is a fixed sum per day or per hour that the charterer agrees to pay for any time that the vessel is detained for loading or discharging over the time contractually allowed—usually described as lay days . Sometimes the number of days the vessel may be kept on demurrage at the agreed rate is fixed by the charter-party. If no demurrage is provided for by the charter-party, and the vessel is not loading or discharging beyond
2800-410: Is a written contract, except insofar as they are qualified or negated by the terms of such contract. The rules of the common or ancient customary English law with regard to the carriage of goods were no doubt first considered by the courts and established with regard to the carriage of goods by common carriers on land. These rules were applied to common carriers by water, and it may now be taken to be
2912-421: Is an affreightment without any written agreement. It is, therefore, convenient to consider first cases of this kind where there is no express agreement, oral or written, except as to the freight and destination of the goods, and where, consequently, the rights and obligations of the parties as to all other terms of carriage depend wholly upon the rules of law, remembering always that these same rules apply when there
3024-512: Is not done in a reasonable time, the shipowner can claim damages for detention. The rate of demurrage (if any) is generally accepted as the measure of the damages for detention, but is not necessarily the true measure. When the claim is for detention and not demurrage the actual loss is recoverable, which may be more or may be less than the agreed rate of demurrage. The contract usually does not count Sundays and holidays as lay days—but unless expressly stipulated, this exception does not apply after
3136-467: Is now defined as a highly skilled role within the fashion industry . The term is used within a fashion design or costume design studio for people tasked with creating garments or patterns by draping fabric over a dress form ; draping uses a human form to physically position the cloth into a desired pattern. This is an alternative method to drafting, when the garment is initially worked out from measurements on paper. A fashion draper may also be known as
3248-596: The Merchant Shipping Act 1804 , which deals with the liability of ship-owners—or by established rules of common law , as, for instance, the rule that the common carrier is absolutely responsible for the safe delivery of the goods carried, unless prevented by an act of God or enemies of the Queen. These rules of law, whether common law or statute law , that regulate the obligations of carriers of goods by sea, are of most importance in cases in which there
3360-720: The Worshipful Company of Tax Advisers , have been formed far more recently. Membership in a livery company is expected for individuals participating in the governance of The City , as the Lord Mayor and the Remembrancer . The guild system reached a mature state in Germany c. 1300 and held on in German cities into the 19th century, with some special privileges for certain occupations remaining today. In
3472-757: The collapse of the Roman Empire . A collegium was any association or corporation that acted as a legal entity . In 1816, an archeological excavation in Minya, Egypt produced a Nerva–Antonine dynasty -era (second-century AD) clay tablet from the ruins of the Temple of Antinous in Antinoöpolis , Aegyptus that prescribed the rules and membership dues of a burial society collegium established in Lanuvium , Italia in approximately 133 AD. Following
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3584-493: The contract of affreightment is a branch of the general law of contract. The rights and obligations of the ship-owner and the freighter depend, as in the case of all parties to contracts, upon the terms of the agreement entered into between them. The law, however, interferes to some extent in regulating the effect to be given to contracts. Certain contracts are forbidden by the law, and being illegal are therefore incapable of enforcement. The most important example of illegality in
3696-628: The local government . Guild members found guilty of cheating the public would be fined or banned from the guild. A lasting legacy of traditional guilds are the guildhalls constructed and used as guild meeting-places. Typically the key "privilege" was that only guild members were allowed to sell their goods or practice their skill within the city. There might be controls on minimum or maximum prices, hours of trading, numbers of apprentices, and many other things. Critics argued that these rules reduced free competition , but defenders maintained that they protected professional standards. An important result of
3808-537: The trade secrets — the guilds' power faded. After the French Revolution they gradually fell in most European nations over the course of the 19th century, as the guild system was disbanded and replaced by laws that promoted free trade. As a consequence of the decline of guilds, many former handicraft workers were forced to seek employment in the emerging manufacturing industries, using not closely guarded techniques formerly protected by guilds, but rather
3920-482: The 15th century, Hamburg had 100 guilds, Cologne 80, and Lübeck 70. The latest guilds to develop in Western Europe were the gremios of Spain: e.g., Valencia (1332) or Toledo (1426). Not all city economies were controlled by guilds; some cities were "free." Where guilds were in control, they shaped labor, production and trade; they had strong controls over instructional capital, and the modern concepts of
4032-572: The European guilds was tied to the emergent money economy, and to urbanization . Before this time it was not possible to run a money-driven organization, as commodity money was the normal way of doing business. The guild was at the center of European handicraft organization into the 16th century. In France, a resurgence of the guilds in the second half of the 17th century is symptomatic of Louis XIV and Jean Baptiste Colbert 's administration's concerns to impose unity, control production, and reap
4144-465: The Kings' enemies. The statutes (part VIII of the Merchant Shipping Act 1894 ( 57 & 58 Vict. c. 60)), however, specify that the shipowner is not liable for loss that happens without his actual fault or privity , by fire on board the ship, or by the robbery or embezzlement of—or making away with gold or silver or jewellery of a nature and value not declared in writing at the time of shipment. Further,
4256-514: The Medieval era was an ever-changing, mutable society—especially considering that it spanned hundreds of years and many different cultures. There were multiple accounts of women's participation in guilds in England and the Continent. In a study of London silkwomen of the 15th century by Marian K. Dale, she notes that medieval women could inherit property, belong to guilds, manage estates, and run
4368-400: The acquisition of craft skills required experience-based learning, he argues that this process necessitated many years in apprenticeship. The extent to which guilds were able to monopolize markets is also debated. Guilds were often heavily concerned with product quality. The regulations they established on their own members' work, as well as targeting non-guild members for illicit practice,
4480-419: The amount of freight to pay and the manner and time of payment. A clause may specify the length of time, usually described as lay days, for loading and discharging, and for the demurrage to pay if the vessel is detained beyond the lay days. There is usually also a clause that requires that the merchant bear the risk and expense to bring the cargo to the ship and collect it on delivery. Another clause specifies that
4592-541: The apparent exceptions of stonecutters and perhaps glassmakers, mostly the people that had local skills. Gregory of Tours tells a miraculous tale of a builder whose art and techniques suddenly left him, but were restored by an apparition of the Virgin Mary in a dream. Michel Rouche remarks that the story speaks for the importance of practically transmitted journeymanship. In France , guilds were called corps de métiers . According to Viktor Ivanovich Rutenburg, "Within
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4704-439: The armourers were divided into helmet-makers, escutcheon-makers, harness-makers, harness-polishers, etc. In Catalan towns, especially at Barcelona , guilds or gremis were a basic agent in the society: a shoemakers' guild is recorded in 1208. In England, specifically in the City of London Corporation , more than 110 guilds, referred to as livery companies , survive today, with the oldest 869 years old. Other groups, such as
4816-419: The benefit of the cargo-owner. Yet other expenses, such as port charges incurred to enter the port of refuge, are for the benefit and safety of both ship and cargo. In a storm at sea, it may be necessary for the safety of ship and cargo to cut away a mast or to jettison (throw overboard) part of the cargo. In such a case the master, acting for the shipowner or cargo-owner, as the case may be, sacrifices part of
4928-472: The benefit received. The law that regulates the rights of the parties in regard to such contribution is called the law of general average . However, the owner of the cargo is entitled under the contract of affreightment to the ordinary service of the ship and crew for the safe carriage of the cargo to its destination, and the shipowner is bound to pay all ordinary expenses incurred for the voyage. He must also bear all losses that arise from accidental damage to
5040-521: The benefits of transparent structure in the shape of efficient taxation. The guilds were identified with organizations enjoying certain privileges ( letters patent ), usually issued by the king or state and overseen by local town business authorities (some kind of chamber of commerce ). These were the predecessors of the modern patent and trademark system. The guilds also maintained funds in order to support infirm or elderly members, as well as widows and orphans of guild members, funeral benefits, and
5152-522: The binding oaths sworn among the members to support one another in adversity, kill specific enemies, and back one another in feuds or in business ventures. The occasion for these oaths were drunken banquets held on December 26. In 858, West Francian Bishop Hincmar sought vainly to Christianise the guilds. In the Early Middle Ages , most of the Roman craft organisations , originally formed as religious confraternities , had disappeared, with
5264-432: The cargo-owner. Ship and cargo may be in peril, and it may be necessary for the safety of both to put into a port of refuge. There it may be necessary to repair the ship, and to land and warehouse, and afterwards re-ship the cargo. For these purposes the master is obliged to incur expense, of which some, such as the cost of ship repairs, is for the benefit of the shipowner. Other expenses, such as warehousing fees, are for
5376-411: The case of contracts of affreightment is when the contract involves trading with an enemy. The law interferes again with regard to the interpretation of the contract. The meaning of words in the contract, or—in other words—its construction, when a dispute arises about it, are determined by a judge or court. The result is that certain more-or-less common clauses in affreightment contracts have come before
5488-422: The cesser clause that, if the language permits it, the cesser of liability is assumed co-extensive only with the lien given to the shipowner. In other words, the charterers are only released from liabilities that have been replaced by a lien given to the shipowner. The shipowner is further secured by the stipulation that if the total freight payable under the bills of lading is less than the full chartered freight,
5600-527: The chartered freight, but only for the bill of lading freight. Unless the bill of lading expressly reserves it, they are not subject to a lien for the chartered freight. The master may guard against this difficulty by refusing to sign bills of lading that do not preserve the shipowner's lien for full chartered freight. However a difficulty often arises from an improvident clause in the charter-party that requires him to sign bills of lading as presented. See Kruger v. Moel Tryvan, 1907 A. C. 272. A time charter-party
5712-463: The charterer's liability under the charter-party ceases on shipment of the cargo, the shipowner taking a lien on the cargo for freight, dead freight , and demurrage. The charter-party is subject to exceptions similar to those in bills of lading. Typically, other clauses provide for commissions paid to the brokers on signing the charter-party, the address commission paid to the agents for the Vessel at
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#17327720166455824-416: The courts, and decisions in these cases are treated practically —though perhaps not logically—as rules of law that determine the meaning of certain common expressions in shipping contracts. The law acts in a third way—by laying down rules that regulate rights of the parties in the absence of an express contractual stipulation that such rules cover. This is done either by statutory enactment, as by Part VIII of
5936-466: The decline thesis has been reaffirmed in the German context by Wiesner and Ogilvie, but that it does not work in looking at the matter from a larger scope, as her expertise is in French history. There were exclusively female guilds that came out of the woodwork in the 17th century, primarily Paris , Rouen , and Cologne . In 1675, Parisian seamstresses requested the guild as their trade was organized and profitable enough to support incorporation. Some of
6048-409: The difference is paid to the shipowner before the vessel sails. Sometimes a difficulty arises, notwithstanding these precautions: even though the charter-party gives an ample lien, the terms of the bills of lading may be insufficient to preserve the same extensive lien as against the holder of the bills of lading. The shippers under the bills of lading, if they are not the charterers, are not liable for
6160-488: The economic marginalization of women in the 17th c., and has highlighted that domestic life did not organize women's economic activities. The research has documented women's extensive participation in market relations, craft production, and paid labor in the early modern period. Clare Crowston posits that women gained more control of their own work. In the 16th and 17th centuries, rather than losing control, female linen drapers and hemp merchants established independent guilds. In
6272-529: The eighteenth century no German guild accepted a Wend." In the Russian Empire , from the reform of Peter the Great (beginning of the 17th century ) until 1917 , these were corporations of wealthy merchants, with their own rights. They therefore constituted an Order which was divided, according to property, into three classes: merchant of the first Guild, of the second Guild, and of the third Guild and
6384-407: The entire economy but because they benefited the owners, who used political power to protect them. Ogilvie (2011) says they regulated trade for their own benefit, were monopolies, distorted markets, fixed prices, and restricted entrance into the guild. Ogilvie (2008) argues that their long apprenticeships were unnecessary to acquire skills, and their conservatism reduced the rate of innovation and made
6496-497: The excepted perils, often expressed in obscure and inexact language, has given rise to much litigation, the results of which are recorded in the law reports . Where such difficulties arise debate arises as to the true and natural meaning of the language used by the parties. The words of the contract must always be considered with reference to these rules, which are founded on the well-established customs of merchants recognized and formulated by law. The bill of lading sometimes contains
6608-503: The family business if widowed. The Livre des métiers de Paris (Book of Trades of Paris) was compiled by Étienne Boileau , the Grand Provost of Paris under King Louis IX . It documents that 5 out of 110 Parisian guilds were female monopolies, and that only a few guilds systematically excluded women. Boileau notes that some professions were also open to women: surgeons, glass-blowers, chain-mail forgers. Entertainment guilds also had
6720-590: The general rule that ship-owners who carry goods by sea are by the English law subject to the liabilities of common carriers. (See, as to the grounds and precise extent of this doctrine, the judgments in Liver Alkali Company v. Johnson (1874) , L.R., 9 Ex. 338, and Nugent v. Smith (1876) 1 C.P.D. 423.) In practice. goods are not often shipped without a written contract or acknowledgment of terms. For each separate consignment or parcel of goods shipped,
6832-447: The goods, or by any dealing with the consignee inconsistent with a right of the shipowner to retain possession of the goods until payment has been made. The shipowner may preserve his lien by landing the goods and retaining them in his own warehouse, or by storing them in a public warehouse, subject to the conditions required by the Merchant Shipping Act (1894) . Charter-parties are mostly - as stated earlier in this article - for either
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#17327720166456944-689: The governing body of a town. For example, London's Guildhall became the seat of the Court of Common Council of the City of London Corporation, the world's oldest continuously elected local government, whose members to this day must be Freemen of the city. The Freedom of the City , effective from the Middle Ages until 1835, gave the right to trade, and was only bestowed upon members of a Guild or Livery. Early egalitarian communities called "guilds" were denounced by Catholic clergy for their "conjurations" —
7056-513: The greater guilds and the lesser artisanal guilds, which depended on piecework . "In Florence, they were openly distinguished: the Arti maggiori and the Arti minori —already there was a popolo grasso and a popolo magro ". Fiercer struggles were those between essentially conservative guilds and the merchant class, which increasingly came to control the means of production and the capital that could be ventured in expansive schemes, often under
7168-472: The greater guilds was that for judges and notaries, who handled the legal business of all the other guilds and often served as an arbitrator of disputes. Other greater guilds include the wool, silk, and the money changers' guilds. They prided themselves on a reputation for very high-quality work, which was rewarded with premium prices. The guilds fined members who deviated from standards. Other greater guilds included those of doctors, druggists, and furriers. Among
7280-678: The guild framework was the emergence of universities at Bologna (established in 1088), Oxford (at least since 1096) and Paris ( c. 1150 ); they originated as guilds of students (as at Bologna) or of masters (as at Paris). Naram-Sin of Akkad ( c. 2254 –2218 BC), grandson of Sargon of Akkad who had unified Sumeria and Assyria into the Akkadian Empire , promulgated common Mesopotamian standards for length, area, volume, weight, time, and shekels , which were used by artisan guilds in each city. Code of Hammurabi Law 234 ( c. 1755–1750 BC ) stipulated
7392-509: The guild itself there was very little division of labour, which tended to operate rather between the guilds. Thus, according to Étienne Boileau 's Book of Handicrafts, by the mid-13th century there were no less than 100 guilds in Paris , a figure which by the 14th century had risen to 350." There were different guilds of metal-workers: the farriers, knife-makers, locksmiths, chain-forgers, nail-makers, often formed separate and distinct corporations;
7504-632: The guild meetings and thus had a means of controlling the handicraft activities. This was important since towns very often depended on a good reputation for export of a narrow range of products, on which not only the guild's, but the town's, reputation depended. Controls on the association of physical locations to well-known exported products, e.g. wine from the Champagne and Bordeaux regions of France , tin-glazed earthenwares from certain cities in Holland , lace from Chantilly , etc., helped to establish
7616-595: The guilds in Cologne had been made up almost entirely of women since the medieval period. Early modern Rouen was an important center of guildswomen's activity. By 1775, there were about 700 female masters, accounting for 10% of all guild masters in the city. A survey that circulated in the late 18th century listed that the Rouen ribbonmakers had 149 masters, mistresses, and widows, indicating its mixed gendered composition. A tax roll of 1775 indicated that their total membership
7728-679: The guilds in France. In 1803 the Napoleonic Code banned any coalition of workmen whatsoever. Smith wrote in The Wealth of Nations (Book I, Chapter X, paragraph 72): It is to prevent this reduction of price, and consequently of wages and profit, by restraining that free competition which would most certainly occasion it, that all corporations, and the greater part of corporation laws, have been established. (...) and when any particular class of artificers or traders thought proper to act as
7840-451: The guilds of dyers, cotton-weavers, and guilds in the leather industry. They did enjoy full rights in some wood-working guilds, the guilds of coopers and turners. Women also seemed to have extensively engaged in the fish trade, both within and outside of the guild. The butcher and cattle-trade guilds also listed women among their ranks. In practically all of these guilds, a widow was allowed to continue her husband's business. If she remarried to
7952-439: The guilds' concerns. These are defining characteristics of mercantilism in economics, which dominated most European thinking about political economy until the rise of classical economics . The guild system survived the emergence of early capitalists , which began to divide guild members into "haves" and dependent "have-nots". The civil struggles that characterize the 14th-century towns and cities were struggles in part between
8064-520: The late 17th century and onward, there was evidence of growing economic opportunities for women. Seamstresses in Paris and Rouen and flower sellers in Paris acquired their own guilds in 1675. In Dijon , the number of female artisans recorded in tax rolls rose substantially between the years of 1643 and 1750. In 18th c. Nantes , there was a significant growth in women's access to guilds, with no restrictions on their rights. Historian Merry Wiesner attributed
8176-409: The lay days have expired. Dead freight is the amount of freight lost, and therefore recoverable by the shipowner from the charterer as damages if a full and complete cargo is not loaded according to the charter-party's terms. The cesser clause has come into common use because, frequently, the charterers are not personally interested in the cargo. They may be merely agents , or may have chartered
8288-429: The lay days, the shipowner can claim damages for the loss suffered by the detention of the ship. In other cases, if the vessel is detained beyond the fixed number of demurrage days, the ship owner can recover damages for detention. Sometimes the charter-party defines no fixed time for loading or discharging. In such cases the charter-party is obligated to load or discharge as quickly as possible. If loading or discharging
8400-409: The lesser guilds, were those for bakers, saddle makers, ironworkers and other artisans. They had a sizable membership, but lacked the political and social standing necessary to influence city affairs. The guild was made up by experienced and confirmed experts in their field of handicraft. They were called master craftsmen . Before a new employee could rise to the level of mastery, he had to go through
8512-405: The master must sign bills of lading for the cargo, either at the same rate payable under the charter-party, or commonly at any rate of freight (with a stipulation that, if the total bill of lading freight is less than the total freight payable under the charter-party, the charterers pay the difference to the master before the vessel sails). There is usually what is called the cesser clause, by which
8624-416: The master without knowledge of the terms of the time charter-party may hold the owner responsible for the contract the master signed as an employee of the shipowner—though, in fact, in signing the bill of lading the master acted as an agent for and at the direction of the time charterer. In the language of the ordinary time charter-party the ship is let to the charterers—but there is no true demise, because
8736-424: The middle English word journei . Journeymen were able to work for other masters, unlike apprentices, and generally paid by the day and were thus day labourers. After being employed by a master for several years, and after producing a qualifying piece of work, the apprentice was granted the rank of journeyman and was given documents (letters or certificates from his master and/or the guild itself) which certified him as
8848-498: The most outspoken critics of the guild system were Jean-Jacques Rousseau and Adam Smith , and all over Europe a tendency to oppose government control over trades in favour of laissez-faire free market systems grew rapidly and made its way into the political and legal systems. Many people who participated in the French Revolution saw guilds as a last remnant of feudalism . The d'Allarde Law of 2 March 1791 suppressed
8960-676: The other hand, Ogilvie agrees, guilds created "social capital" of shared norms, common information, mutual sanctions, and collective political action. This social capital benefited guild members, even as it arguably hurt outsiders. The guild system became a target of much criticism towards the end of the 18th century and the beginning of the 19th century. Critics argued that they hindered free trade and technological innovation , technology transfer and business development . According to several accounts of this time, guilds became increasingly involved in simple territorial struggles against each other and against free practitioners of their arts. Two of
9072-493: The other hand, most trade and craft guilds were male-dominated and frequently limited women's rights if they were members, or did not allow membership at all. The most common way women obtained guild membership was through marriage. Usually only the widows and daughters of known masters were allowed in. Even if a woman entered a guild, she was excluded from guild offices. While this was the overarching practice, there were guilds and professions that did allow women's participation, and
9184-560: The passage of the Lex Julia in 45 BC, and its reaffirmation during the reign of Caesar Augustus (27 BC–14 AD), collegia required the approval of the Roman Senate or the emperor in order to be authorized as legal bodies . Ruins at Lambaesis date the formation of burial societies among Roman soldiers and mariners to the reign of Septimius Severus (193–211) in 198 AD. In September 2011, archeological investigations done at
9296-435: The period is that things change during the early modern period, specifically the 17th century, and become more stifling for women in guilds. She also posits that domestic life drove women out of guild participation. Many historians have done research into the dwindling women's participation in guilds. Studies have provided a contradictory picture. Recent historical research is usually posed in rebuttal to Alice Clark's study on
9408-404: The port of discharge, and other details. Clauses in charter-parties vary, but the above outlines what is typical. Terms of a bill of lading as to the voyage, place of delivery, exceptions, excepted perils, and liability of the shipowner and his lien applies equally to charter-parties. Other terms are relevant here: demurrage , dead freight , and cesser , which are described below. Demurrage
9520-407: The practice of their craft/trade in a particular territory. The earliest types of guild formed as organizations of tradespeople belonging to a professional association . They sometimes depended on grants of letters patent from a monarch or other ruler to enforce the flow of trade to their self-employed members, and to retain ownership of tools and the supply of materials, but most were regulated by
9632-408: The quality of the wig, making it too thin to style. Guild officers pointed out that if the consumer discovers the bad quality, the guild would be blamed, and the consumer would search elsewhere to purchase goods. Women's participation within medieval guilds was complex and varied. On one hand, guild membership allowed women to participate in the economy that provided social privilege and community. On
9744-444: The relationship between the shipper and carrier. The obligations on the one side and the other are: In other words, the shipowner has a lien on the goods carried for the freight payable in respect of the carriage. On the other hand, the shipowner is obligated to deliver the goods safely, and this obligation is, by common law, subject to this exception only that the shipowner is not liable for loss or damage caused by an act of God or
9856-557: The responsibilities of some trades toward the public. Modern antitrust law could be said to derive in some ways from the original statutes by which the guilds were abolished in Europe. The economic consequences of guilds have led to heated debates among economic historians. On the one side, scholars say that since merchant guilds persisted over long periods they must have been efficient institutions (since inefficient institutions die out). Others say they persisted not because they benefited
9968-472: The rules of guilds of their own. German social historians trace the Zunftrevolution , the urban revolution of guildmembers against a controlling urban patriciate, sometimes reading into them, however, perceived foretastes of the class struggles of the 19th century. In the countryside, where guild rules did not operate, there was freedom for the entrepreneur with capital to organize cottage industry ,
10080-478: The ship or part of the cargo to save the rest of the ship and cargo from a common danger. Voluntary sacrifices and extraordinary expenses incurred for the common safety are called general average sacrifices and expenses. These are made good to the party who has made the sacrifice or incurred the expense by a general average contribution, which is recoverable from the owners of the property saved in proportion to its value. In other words, each contributes according to
10192-407: The ship's cargo-carrying space for the carriage of goods on a specified voyage or voyages or for a specified time. The charterer agrees to pay a specified price, called freight , for the carriage of the goods or the use of the ship. A ship may be let, like a house, to a person who takes possession and control of it for a specified term . The person who hires a ship in this way occupies during
10304-474: The shipowner is not liable for damage to or loss of goods or merchandise beyond an aggregate amount that does not exceeding eight pounds per ton for each ton of the ship's tonnage. The shipowner is bound by an implied undertaking—in other words, is responsible under the law as if he had entered into an express undertaking: (1) that the ship is seaworthy; (2) that she shall proceed upon the voyage with reasonable despatch, and shall not deviate without necessity from
10416-535: The site of an artificial harbor in Rome, the Portus , revealed inscriptions in a shipyard constructed during the reign of Trajan (98–117) indicating the existence of a shipbuilders guild. Collegia also included fraternities of priests overseeing sacrifices , practicing augury , keeping religious texts, arranging festivals , and maintaining specific religious cults . There were several types of guilds, including
10528-400: The society poorer. She says their main goal was rent seeking , that is, to shift money to the membership at the expense of the entire economy. Epstein and Prak's book (2008) rejects Ogilvie's conclusions. Specifically, Epstein argues that guilds were cost-sharing rather than rent-seeking institutions. They located and matched masters and likely apprentices through monitored learning. Whereas
10640-411: The specified time the position of ship-owner. The contract under which a ship is so let may be called a charterparty —but it is not, properly speaking, a contract of affreightment, and is mentioned here only to clarify the distinction between a charter-party of this kind, which is sometimes called a demise of the ship , and a charter-party that is a contract of affreightment . The law with regard to
10752-465: The squabbles over jurisdiction that produced the paperwork by which economic historians trace their development: The metalworking guilds of Nuremberg were divided among dozens of independent trades in the boom economy of the 13th century, and there were 101 trades in Paris by 1260. In Ghent , as in Florence , the woolen textile industry developed as a congeries of specialized guilds. The appearance of
10864-491: The standardized methods controlled by corporations . Interest in the medieval guild system was revived during the late 19th century, among far-right circles. Fascism in Italy (among other countries) implemented corporatism , operating at the national rather than city level, to try to imitate the corporatism of the Middle Ages. Guilds are sometimes said to be the precursors of modern cartels . Guilds, however, can also be seen as
10976-403: The terms under which it is carried. The document used today first appeared centuries ago as a bill (account) presented to shippers for all charges incurred by the cargo until properly secured on board. In the age of sail , cargo and ships became lost more often than today. This bill proved that cargo expenses were paid, but became mainly a proof that the cargo was really on board and thus become
11088-784: The two main categories of merchant guilds and craft guilds but also the frith guild and religious guild. Guilds arose beginning in the High Middle Ages as craftsmen united to protect their common interests. In the German city of Augsburg craft guilds are mentioned in the Towncharter of 1156. The continental system of guilds and merchants arrived in England after the Norman Conquest , with incorporated societies of merchants in each town or city holding exclusive rights of doing business there. In many cases they became
11200-407: The usual course of the voyage. This article outlines the important obligations of shipper and shipowner, where no terms of carriage have been agreed, except as to the freight and destination of the goods, are such as have been described above. A bill of lading is a document the master or agent for the shipowner signs (on behalf of the master) to acknowledge the shipment of a parcel of goods, and
11312-401: The vessel as a speculation to make a profit upon the bill of lading freight. The effect of the clause is that by the charterers shipping a full cargo, they fulfill all their obligations. The shipowner discharges them from further liability and takes instead a lien on the cargo for payment of all freight, demurrage, or dead freight that is payable. It has become established in the construction of
11424-450: The vessel remains in the possession of the shipowner. Where possession of a ship given to a hirer, who appoints his own master and crew, different considerations apply. However, though the contract by which the ship is let may be called a charter-party, it is not truly a contract of affreightment. Certain rights and obligations arise out of the relationship between shipowner and cargo-owner in cases of extraordinary peril or urgency during
11536-419: The vessel. The charterers agree to indemnify the owners from all liability they may be exposed to by the master signing bills of lading or otherwise complying with the charterers' orders. The contract is subject to exceptions similar to those in bills of lading and voyage charter-parties. This is the general outline of the ordinary form of a time charter-party, but forms and clauses can vary considerably. Under
11648-402: The wages of the master and crew, and the charterers provide coals and pay port charges. The freight is usually fixed at a certain rate per gross register ton per month, and made payable monthly in advance. Provision is made for suspension of hire in certain cases if the vessel is disabled. The master, though usually employed by the owner, must follow the orders of the charterers concerning use of
11760-578: Was a required regulation of the yarn-spinners guild. The guildswomen of the gold-spinners guild were often wives of guildsmen of the gold-smiths. This type of unity between husband and wife was seen in women's guild participation through the medieval and early modern periods; in order to avoid unpleasant litigation or legal situations, the trades of husband and wife often were the same or complementary. Women were not restricted to solely textile guilds in medieval Cologne, and neither did they have total freedom in all textile guilds. They had limited participation in
11872-399: Was about 160, with 58 men, 17 widows, 55 wives, and 30 unmarried women. Affreightment Affreightment (from freight ) is a legal term relating to shipping . A contract of affreightment is a contract between a ship-owner and a charterer, in which the ship-owner agrees to carry goods for the charterer in the ship, or to give the charterer the use of the whole or part of
11984-558: Was often retained by the guild. The medieval guild was established by charters or letters patent or similar authority by the city or the ruler and normally held a monopoly on trade in its craft within the city in which it operated: handicraft workers were forbidden by law to run any business if they were not members of a guild, and only masters were allowed to be members of a guild. Before these privileges were legislated, these groups of handicraft workers were simply called 'handicraft associations'. The town authorities might be represented in
12096-508: Was similar in spirit and character to the original patent systems that surfaced in England in 1624. These systems played a role in ending the guilds' dominance, as trade secret methods were superseded by modern firms directly revealing their techniques, and counting on the state to enforce their legal monopoly . Some guild traditions still remain in a few handicrafts, in Europe especially among shoemakers and barbers . These are, however, not very important economically except as reminders of
12208-484: Was supported by some religious and secular authorities at the time. It is believed that the Inquisition and witch hunts throughout the ages contributed to the lack of women in medical guilds. In medieval Cologne there were three guilds that were composed almost entirely of women, the yarn-spinners, gold-spinners, and silk-weavers. Men could join these guilds, but were almost exclusively married to guildswomen. This
12320-453: Was the 18th and 19th centuries that saw the beginning of the low regard in which some people hold the guilds to this day. In part due to their own inability to control unruly corporate behavior, the tide of public opinion turned against the guilds. Because of industrialization and modernization of the trade and industry, and the rise of powerful nation-states that could directly issue patent and copyright protections — often revealing
12432-496: Was to create a standard of work that the consumer could rely on. They were heavily concerned with public perception. In October 1712, the Lyon Wigmaker Guild petitioned the local police magistrates. According to this petition, guildmasters required guild officers to step up policing of statutes forbidding the use of bleached hair or wild goat and lamb hair. The real concern that they had was that bleaching hair destroyed
12544-467: Was transmissible hereditarily. Ogilvie (2004) argues that guilds negatively affected quality, skills, and innovation. Through what economists now call " rent-seeking " they imposed deadweight losses on the economy. Ogilvie argues they generated limited positive externalities and notes that industry began to flourish only after the guilds faded away. Guilds persisted over the centuries because they redistributed resources to politically powerful merchants. On
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