Читать книгу Manners, Customs, and Dress During the Middle Ages and During the Renaissance Period - P. L. Jacob - Страница 8

Table of Contents

Elements of Feudalism.--Rights of Treasure-trove, Sporting, Safe Conducts, Ransom, Disinheritance, &c.--Immunity of the Feudalists.--Dues from the Nobles to their Sovereign.--Law and University Dues.--Curious Exactions resulting from the Universal System of Dues.--Struggles to Enfranchise the Classes subjected to Dues.--Feudal Spirit and Citizen Spirit.--Resuscitation of the System of Ancient Municipalities in Italy, Germany, and France.--Municipal Institutions and Associations.--The Community.--The Middle-Class Cities (Cités Bourgeoises).--Origin of National Unity.

o as to understand the numerous charges, dues, and servitudes, often as quaint as iniquitous and vexations, which weighed on the lower orders during the Middle Ages, we must remember how the upper class, who assumed to itself the privilege of oppression on lands and persons under the feudal System, was constituted.

The Roman nobles, heirs to their fathers' agricultural dominions, succeeded for the most part in preserving through the successive invasions of the barbarians, the influence attached to the prestige of birth and wealth; they still possessed the greater part of the land and owned as vassals the rural populations. The Grerman nobles, on the contrary, had not such extended landed properties, but they appropriated all the strongest positions. The dukes, counts, and marquises were generally of German origin. The Roman race, mixed with the blood of the various nations it had subdued, was the first to infuse itself into ancient Society, and only furnished barons of a secondary order.

These heterogeneous elements, brought together, with the object of common dominion, constituted a body who found life and motion only in the traditions of Rome and ancient Germany. From these two historical sources, as is very judiciously pointed out by M. Mary-Lafon, issued all the habits of the new society, and particularly the rights and privileges assumed by the nobility.

These rights and privileges, which we are about to pass summarily in review, were numerous, and often curious: amongst them may be mentioned the rights of treasure-trove, the rights of wreck, the rights of establishing fairs or markets, rights of marque, of sporting, &c.

The rights of treasure-trove were those which gave full power to dukes and counts over all minerals found on their properties. It was in asserting this right that the famous Richard Coeur de Lion, King of England, met his death. Adhémar, Viscount of Limoges, had discovered in a field a treasure, of which, no doubt, public report exaggerated the value, for it was said to be large enough to model in pure gold, and life-size, a Roman emperor and the members of his family, at table. Adhémar was a vassal of the Duke of Guienne, and, as a matter of course, set aside what was considered the sovereign's share in his discovery; but Richard, refusing to concede any part of his privilege, claimed the whole treasure. On the refusal of the viscount to give it up he appeared under arms before the gates of the Castle of Chalus, where he supposed that the treasure was hidden. On seeing the royal standard, the garrison offered to open the gates. "No," answered Richard, "since you have forced me to unfurl my banner, I shall only enter by the breach, and you shall all be hung on the battlements." The siege commenced, and did not at first seem to favour the English, for the besieged made a noble stand. One evening, as his troops were assaulting the place, in order to witness the scene, Richard was sitting at a short distance on a piece of rock, protected with a target--that is, a large shield covered with leather and blades of iron--which two archers held over him. Impatient to see the result of the assault, Richard pushed down the shield, and that moment decided his fate (1199). An archer of Chalus, who had recognised him and was watching from the top of the rampart, sent a bolt from a crossbow, which hit him full in the chest. The wound, however, would perhaps not have been mortal, but, shortly after, having carried the place by storm, and in his delight at finding the treasure almost intact, he gave himself up madly to degrading orgies, during which he had already dissipated the greater part of his treasure, and died of his wound twelve days later; first having, however, graciously pardoned the bowman who caused his death.

The right of shipwrecks, which the nobles of seaboard countries rarely renounced, and of which they were the more jealous from the fact that they had continually to dispute them with their vassals and neighbours, was the pitiless and barbaric right of appropriating the contents of ships happening to be wrecked on their shores.

Figs. 24 and 25.--Varlet or Squire carrying a Halberd with a thick Blade; and Archer, in Fighting Dress, drawing the String of his Crossbow with a double-handled Winch.--From the Miniatures of the "Jouvencel," and the "Chroniques" of Froissart, Manuscripts of the Fifteenth Century (Imperial Library of Paris).

When the feudal nobles granted to their vassals the right of assembling on certain days, in order to hold fairs and markets, they never neglected to reserve to themselves some tax on each head of cattle, as well as on the various articles brought in and put up for sale. As these fairs and markets never failed to attract a great number of buyers and sellers, this formed a very lucrative tax for the noble (Fig. 26).

Fig. 26.--Flemish Peasants at the Cattle Market.--Miniature of the "Chroniques de Hainaut." Manuscripts of the Fifteenth Century, vol. ii. fol. 204 (Library of the Dukes of Burgundy, Brussels).

The right of marque, or reprisal, was a most barbarous custom. A famous example is given of it. In 1022, William the Pious, Count of Angoulême, before starting for a pilgrimage to Rome, made his three brothers, who were his vassals, swear to live in honourable peace and good friendship. But, notwithstanding their oath, two of the brothers, having invited the third to the Easter festivities, seized him at night in his bed, put out his eyes so that he might not find the way to his castle, and cut out his tongue so that he might not name the authors of this horrible treatment. The voice of God, however, denounced them, and the Count of Angoulême, shuddering with horror, referred the case to his sovereign, the Duke of Aquitaine, William IV., who immediately came, and by fire and sword exercised his right of marque on the lands of the two brothers, leaving them nothing but their lives and limbs, after having first put out their eyes and cut out their tongues, so as to inflict on them the penalty of retaliation.

The right of sporting or hunting was of all prerogatives that dearest to, and most valued by the nobles. Not only were the severest and even cruellest penalties imposed on "vilains" who dared to kill the smallest head of game, but quarrels frequently arose between nobles of different degrees on the subject, some pretending to have a feudal privilege of hunting on the lands of others (Fig. 27). From this tyrannical exercise of the right of hunting, which the least powerful of the nobles only submitted to with the most violent and bitter feelings, sprung those old and familiar ballads, which indicate the popular sentiment on the subject. In some of these songs the inveterate hunters are condemned, by the order of Fairies or of the Fates, either to follow a phantom stag for everlasting, or to hunt, like King Artus, in the clouds and to catch a fly every hundred years.

The right of jurisdiction, which gave judicial power to the dukes and counts in cases arising in their domains, had no appeal save to the King himself, and this was even often contested by the nobles, as for instance, in the unhappy case of Enguerrand de Coucy. Enguerrand had ordered three young Flemish noblemen, who were scholars at the Abbey of "St. Nicholas des Bois," to be seized and hung, because, not knowing that they were on the domain of the Lord of Coucy, they had killed a few rabbits with arrows. St. Louis called the case before him. Enguerrand answered to the call, but only to dispute the King's right, and to claim the judgment of his peers. The King, without taking any notice of the remonstrance, ordered Enguerrand to be locked up in the big tower of the Louvre, and was nearly applying the law of retaliation to his case. Eventually he granted him letters of pardon, after condemning him to build three chapels, where masses were continually to be said for the three victims; to give the forest where the young scholars had been found hunting, to the Abbey of "St. Nicholas des Bois;" to lose on all his estates the rights of jurisdiction and sporting; to serve three years in the Holy Land; and to pay to the King a fine of 12,500 pounds tournois. It must be remembered that Louis IX., although most generous in cases relating simply to private interests, was one of the most stubborn defenders of royal prerogatives.

A right which feudalists had the greatest interest in observing, and causing to be respected, because they themselves might with their wandering habits require it at any moment, was that of safe convoy, or guidance. This right was so powerful, that it even applied itself to the lower orders, and its violation was considered the most odious crime; thus, in the thirteenth century, the King of Aragon was severely abused by all persons and all classes, because in spite of this right he caused a Jew to be burned so as not to have to pay a debt which the man claimed of him.

Fig. 27.--Nobleman in Hunting Costume, preceded by his Servant, trying to find the Scent of a Stag.--From a Miniature in the Book of Gaston Phoebus ("Des Deduitz de la Chasse des Bestes Sauvaiges").--Manuscript of the Fourteenth Century (National Library of Paris).

The right of "the Crown" should also be mentioned, which consisted of a circle of gold ornamented in various fashions, according to the different degrees of feudal monarchy, which vassals had to present to their lord on the day of his investiture. The right of seal was a fee or fine they had to pay for the charters which their lord caused to be delivered to them.

The duty of aubaine was the fine or due paid by merchants, either in kind or money, to the feudal chief, when they passed near his castle, landed in his ports, or exposed goods for sale in his markets.

The nobles of second order possessed among their privileges that of wearing spurs of silver or gold according to their rank of knighthood; the right of receiving double rations when prisoners of war; the right of claiming a year's delay when a creditor wished to seize their land; and the right of never having to submit to torture after trial, unless they were condemned to death for the crime they had committed. If a great baron for serious offences confiscated the goods of a noble who was his vassal, the latter had a right to keep his palfrey, the horse of his squire, various pieces of his harness and armour, his bed, his silk robe, his wife's bed, one of her dresses, her ring, her cloth stomacher, &c.

The nobles alone possessed the right of having seats of honour in churches and in chapels (Fig. 28), and to erect therein funereal monuments, and we know that they maintained this right so rigorously and with so much effrontery, that fatal quarrels at times arose on questions of precedence. The epitaphs, the placing of tombs, the position of a monument, were all subjects for conflicts or lawsuits. The nobles enjoyed also the right of disinheritance, that is to say, of claiming the goods of a person dying on their lands who had no direct heir; the right of claiming a tax when a fief or domain changed hands; the right of common oven, or requiring vassals to make use of the mill, the oven, or the press of the lord. At the time of the vintage, no peasant might sell his wine until the nobles had sold theirs. Everything was a source of privilege for the nobles. Kings and councils waived the necessity of their studying, in order to be received as bachelors of universities. If a noble was made a prisoner of war, his life was saved by his nobility, and his ransom had practically to be raised by the "vilains" of his domains. The nobles were also exempted from serving in the militia, nor were they obliged to lodge soldiers, &c. They had a thousand pretexts for establishing taxes on their vassals, who were generally considered "taxable and to be worked at will." Thus in the domain of Montignac, the Count of Perigord claimed among other things as follows: "for every case of censure or complaint brought before him, 10 deniers; for a quarrel in which blood was shed, 60 sols; if blood was not shed, 7 sols; for use of ovens, the sixteenth loaf of each baking; for the sale of corn in the domain, 43 setiers: besides these, 6 setiers of rye, 161 setiers of oats, 3 setiers of beans, 1 pound of wax, 8 capons, 17 hens, and 37 loads of wine." There were a multitude of other rights due to him, including the provostship fees, the fees on deeds, the tolls and furnaces of towns, the taxes on salt, on leather, corn, nuts; fees for the right of fishing; for the right of sporting, which last gave the lord a certain part or quarter of the game killed, and, in addition, the dîme or tenth part of all the corn, wine, &c., &c.

Fig. 28.--Jean Jouvenel des Ursins, Provost of the Merchants of Paris, and Michelle de Vitry, his Wife, in the Reign of Charles VI.--Fragment of a Picture of the Period, which was in the Chapel of the Ursinus, and is now in the Versailles Museum.

This worthy noble gathered in besides all this, during the religious festivals of the year, certain tributes in money on the estate of Montignac alone, amounting to as much as 20,000 pounds tournois. One can judge by this rough sketch, of the income he must have had, both in good and bad years, from his other domains in the rich county of Perigord.

It must not be imagined that this was an exceptional case; all over the feudal territory the same state of things existed, and each lord farmed both his lands and the persons whom feudal right had placed under his dependence.

Fig. 29.--Dues on Wines, granted to the Chapter of Tournai by King Chilperic.--From the Windows of the Cathedral of Tournai, Fifteenth Century.

To add to these already excessive rates and taxes, there were endless dues, under all shapes and names, claimed by the ecclesiastical lords (Figs. 29 and 30). And not only did the nobility make without scruple these enormous exactions, but the Crown supported them in avenging any act, however opposed to all sense of justice; so that the nobles were really placed above the great law of equality, without which the continuance of social order seemed normally impossible.

The history of the city of Toulouse gives us a significant example on this subject.

Fig. 30.--The Bishop of Tournai receiving the Tithe of Beer granted by King Chilpéric.--From the Windows of the Cathedral of Tournai, Fifteenth Century.

On Easter Day, 1335, some students of the university, who had passed the night of the anniversary of the resurrection of our Saviour in drinking, left the table half intoxicated, and ran about the town during the hours of service, beating pans and cauldrons, and making such a noise and disturbance, that the indignant preachers were obliged to stop in the middle of their discourses, and claimed the intervention of the municipal authorities of Toulouse. One of these, the lord of Gaure, went out of church with five sergeants, and tried himself to arrest the most turbulent of the band. But as he was seizing him by the body, one of his comrades gave the lord a blow with a dagger, which cut off his nose, lips, and part of his chin. This occurrence aroused the whole town. Toulouse had been insulted in the person of its first magistrate, and claimed vengeance. The author of the deed, named Aimeri de Bérenger, was seized, judged, condemned, and beheaded, and his body was suspended on the spikes of the Château Narbonnais.

Fig. 31.--Fellows of the University of Paris haranguing the Emperor Charles IV. in 1377.--From a Miniature of the Manuscript of the "Chroniques de St. Denis," No. 8395 (National Library of Paris).

Toulouse had to pay dearly for the respect shown to its municipal dignity. The parents of the student presented a petition to the King against the city, for having dared to execute a noble and to hang his body on a gibbet, in opposition to the sacred right which this noble had of appealing to the judgment of his peers. The Parliament of Paris finally decided the matter with the inflexible partiality to the rights of rank, and confiscated all the goods of the inhabitants, forced the principal magistrates to go on their knees before the house of Aimeri de Bérenger, and ask pardon; themselves to take down the body of the victim, and to have it publicly and honourably buried in the burial-ground of the Daurade. Such was the sentence and humiliation to which one of the first towns of the south was subjected, for having practised immediate justice on a noble, whilst it would certainly have suffered no vindication, if the culprit condemned to death had belonged to the middle or lower orders.

We must nevertheless remember that heavy dues fell upon the privileged class themselves to a certain degree, and that if they taxed their poor vassals without mercy, they had in their turn often to reckon with their superiors in the feudal hierarchy.

Albere, or right of shelter, was the principal charge imposed upon the noble. When a great baron visited his lands, his tenants were not only obliged to give him and his followers shelter, but also provisions and food, the nature and quality of which were all arranged beforehand with the most extraordinary minuteness. The lesser nobles took advantage sometimes of the power they possessed to repurchase this obligation; but the rich, on the contrary, were most anxious to seize the occasion of proudly displaying before their sovereign all the pomp in their power, at the risk even of mortgaging their revenues for several years, and of ruining their vassals. History is full of stories bearing witness to the extravagant prodigalities of certain nobles on such occasions.

Payments in kind fell generally on the abbeys, up to 1158. That of St. Denis, which was very rich in lands, was charged with supplying the house and table of the King. This tax, which became heavier and heavier, eventually fell on the Parisians, who only succeeded in ridding themselves of it in 1374, when Charles V. made all the bourgeois of Paris noble. In the twelfth century, all furniture made of wood or iron which was found in the house of the Bishop at his death, became the property of the King. But in the fourteenth century, the abbots of St. Denis, St. Germain des Prés, St. Geneviève (Fig. 32), and a few priories in the neighbourhood of Paris, were only required to present the sovereign with two horse-loads of produce annually, so as to keep up the old system of fines.

This system of rents and dues of all kinds was so much the basis of social organization in the Middle Ages, that it sometimes happened that the lower orders benefited by it.

Thus the bed of the Bishop of Paris belonged, after his death, to the poor invalids of the Hôtel Dieu. The canons were also bound to leave theirs to that hospital, as an atonement for the sins which they had committed. The Bishops of Paris were required to give two very sumptuous repasts to their chapters at the feasts of St. Eloi and St. Paul. The holy men of St. Martin were obliged, annually, on the 10th of November, to offer to the first President of the Court of Parliament, two square caps, and to the first usher, a writing-desk and a pair of gloves. The executioner too received, from various monastic communities of the capital, bread, bottles of wine, and pigs' heads; and even criminals who were taken to Montfaucon to be hung had the right to claim bread and wine from the nuns of St. Catherine and the Filles Dieux, as they passed those establishments on their way to the gibbet.

Fig. 32.--Front of the Ancient Church of the Abbey of Sainte-Geneviève, in Paris, founded by Clovis, and rebuilt from the Eleventh to Thirteenth Centuries.--State of the Building before its Destruction at the End of the Last Century.

Fines were levied everywhere, at all times, and for all sorts of reasons. Under the name of épices, the magistrates, judges, reporters, and counsel, who had at first only received sweetmeats and preserves as voluntary offerings, eventually exacted substantial tribute in current coin. Scholars who wished to take rank in the University sent some small pies, costing ten sols, to each examiner. Students in philosophy or theology gave two suppers to the president, eight to the other masters, besides presenting them with sweetmeats, &c. It would be an endless task to relate all the fines due by apprentices and companions before they could reach mastership in their various crafts, nor have we yet mentioned certain fines, which, from their strange or ridiculous nature, prove to what a pitch of folly men may be led under the influence of tyranny, vanity, or caprice.

Thus, we read of vassals descending to the humiliating occupation of beating the water of the moat of the castle, in order to stop the noise of the frogs, during the illness of the mistress; we elsewhere find that at times the lord required of them to hop on one leg, to kiss the latch of the castle-gate, or to go through some drunken play in his presence, or sing a somewhat broad song before the lady.

At Tulle, all the rustics who had married during the year were bound to appear on the Puy or Mont St. Clair. At twelve o'clock precisely, three children came out of the hospital, one beating a drum violently, the other two carrying a pot full of dirt; a herald called the names of the bride-grooms, and those who were absent or were unable to assist in breaking the pot by throwing stones at it, paid a fine.

At Périgueux, the young couples had to give the consuls a pincushion of embossed leather or cloth of different colours; a woman marrying a second time was required to present them with an earthen pot containing twelve sticks of different woods; a woman marrying for the third time, a barrel of cinders passed thirteen times through the sieve, and thirteen spoons made of wood of fruit-trees; and, lastly, one coming to the altar for the fifth time was obliged to bring with her a small tub containing the excrement of a white hen!

"The people of the Middle Ages and the Renaissance period were literally tied down with taxes and dues of all sorts," says M. Mary-Lafon. "If a few gleams of liberty reached them, it was only from a distance, and more in the hope of the future than as regarded the present. As an example of the way people were treated, a certain Lord of Laguène, spoken of in the old chronicles of the south, may be mentioned. Every year, this cunning baron assembled his tenants in the village square. A large maypole was planted, and on the top was attached a wren. The lord, pointing to the little bird, declared solemnly, that if any 'vilain' succeeded in piercing him with an arrow he should be exempt from that year's dues. The vilains shot away, but, to the great merriment of their lord, never hit, and so had to continue paying the dues."

Fig. 33.--Ramparts of the Town of Aigues-Mortes, one of the Municipalities of Languedoc.

One can easily understand how such a system, legalised by law, hampered the efforts for freedom, which a sense of human dignity was constantly raising in the bosoms of the oppressed. The struggle was long, often bloody, and at times it seemed almost hopeless, for on both sides it was felt that the contest was between two principles which were incompatible, and one of which must necessarily end by annihilating the other. Any compromise between the complete slavery and the personal freedom of the lower orders, could only be a respite to enable these implacable adversaries to reinforce themselves, so as to resume with more vigour than ever this desperate combat, the issue of which was so long to remain doubtful.

Louis IV Leaving Alexandria on the 24th of April 1507

To chastise the city of Genoa.

From a miniature by Jean Marot. No 5091, Bibl. nat'le de Paris.

These efforts to obtain individual liberty displayed themselves more particularly in towns; but although they became almost universal in the west, they had not the same importance or character everywhere. The feudal system had not everywhere produced the same consequences. Thus, whilst in ancient Gaul it had absorbed all social vitality, we find that in Germany, the place of its origin, the Teutonic institutions of older date gave a comparative freedom to the labourers. In southern countries again we find the same beneficial effect from the Roman rule.

On that long area of land reaching from the southern slope of the Cevennes to the Apennines, the hand of the barbarian had weighed much less heavily than on the rest of Europe. In those favoured provinces where Roman organization had outlived Roman patronage, it seems as if ancient splendour had never ceased to exist, and the elegance of customs re-flourished amidst the ruins. There, a sort of urban aristocracy always continued, as a balance against the nobles, and the counsel of elected prud'hommes, the syndics, jurors or capitouls, who in the towns replaced the Roman honorati and curiales, still were considered by kings and princes as holding some position in the state. The municipal body, larger, more open than the old "ward," no longer formed a corporation of unwilling aristocrats enchained to privileges which ruined them. The principal cities on the Italian coast had already amassed enormous wealth by commerce, and displayed the most remarkable ardour, activity, and power. The Eternal City, which was disputed by emperors, popes, and barons of the Roman States, bestirred itself at times to snatch at the ancient phantom of republicanism; and this phantom was destined soon to change into reality, and another Rome, or rather a new Carthage, the lovely Venice, arose free and independent from the waves of the Adriatic (Fig. 34).

In Lombardy, so thickly colonised by the German conquerors, feudalism, on the contrary, weighed heavily; but there, too, the cities were populous and energetic, and the struggle for supremacy continued for centuries in an uncompromising manner between the people and the nobles, between the Guelphs and the Ghibellines.

In the north and east of the Gallic territory, the instinct of resistance did not exist any the less, though perhaps it was more intermittent. In fact, in these regions we find ambitious nobles forestalling the action of the King, and in order to attach towns to themselves and their houses, suppressing the most obnoxious of the taxes, and at the same time granting legal guarantees. For this the Counts of Flanders became celebrated, and the famous Héribert de Vermandois was noted for being so exacting in his demands with the great, and yet so popular with the small.

Fig. 34.--View of St. Mark's Place, Venice, Sixteenth Century, after Cesare Vecellio.

The eleventh century, during which feudal power rose to its height, was also the period when a reaction set in of the townspeople against the nobility. The spirit of the city revived with that of the bourgeois (a name derived from the Teutonic word burg, habitation) and infused a feeling of opposition to the system which followed the conquest of the Teutons. "But," says M. Henri Martin, "what reappeared was not the Roman municipality of the Empire, stained by servitude, although surrounded with glittering pomp and gorgeous arts, but it was something coarse and almost semi-barbarous in form, though strong and generous at core, and which, as far as the difference of the times would allow, rather reminds us of the small republics which existed previous to the Roman Empire."

Two strong impulses, originating from two totally dissimilar centres of action, irresistibly propelled this great social revolution, with its various and endless aspects, affecting all central Europe, and being more or less felt in the west, the north, and the south. On one side, the Greek and Latin partiality for ancient corporations, modified by a democratic element, and an innate feeling of opposition characteristic of barbaric tribes; and on the other, the free spirit and equality of the old Celtic tribes rising suddenly against the military hierarchy, which was the offspring of conquest. Europe was roused by the double current of ideas which simultaneously urged her on to a new state of civilisation, and more particularly to a new organization of city life.

Italy was naturally destined to be the country where the new trials of social regeneration were to be made; but she presented the greatest possible variety of customs, laws, and governments, including Emperor, Pope, bishops, and feudal princes. In Tuscany and Liguria, the march towards liberty was continued almost without effort; whilst in Lombardy, on the contrary, the feudal resistance was very powerful. Everywhere, however, cities became more or less completely enfranchised, though some more rapidly than others. In Sicily, feudalism swayed over the countries; but in the greater part of the peninsula, the democratic spirit of the cities influenced the enfranchisement of the rural population. The feudal caste was in fact dissolved; the barons were transformed into patricians of the noble towns which gave their republican magistrates the old title of consuls. The Teutonic Emperor in vain sought to seize and turn to his own interest the sovereignty of the people, who had shaken off the yokes of his vassals: the signal of war was immediately given by the newly enfranchised masses; and the imperial eagle was obliged to fly before the banners of the besieged cities. Happy indeed might the cities of Italy have been had they not forgotten, in their prosperity, that union alone could give them the possibility of maintaining that liberty which they so freely risked in continual quarrels amongst one another!

Fig. 35.--William, Duke of Normandy, accompanied by Eustatius, Count of Boulogne, and followed by his Knights in arms.--Military Dress of the Eleventh Century, from Bayeux Tapestry said to have been worked by Queen Matilda.

The Italian movement was immediately felt on the other side of the Alps. In Provence, Septimanie, and Aquitaine, we find, in the eleventh century, cities which enjoyed considerable freedom. Under the name of communities and universities, which meant that all citizens were part of the one body, they jointly interfered in the general affairs of the kingdom to which they belonged. Their magistrates were treated on a footing of equality with the feudal nobility, and although the latter at first would only recognise them as "good men" or notables, the consuls knew how to make a position for themselves in the hierarchy. If the consulate, which was a powerful expression of the most prominent system of independence, did no succeed in suppressing feudalism in Provence as in Italy, it at least so transformed it, that it deprived it of its most unjust and insupportable elements. At Toulouse, for instance (where the consuls were by exception called capitouls, that is to say, heads of the chapters or councils of the city), the lord of the country seemed less a feudal prince in his capital, than an honorary magistrate of the bourgeoisie. Avignon added to her consuls two podestats (from the Latin potestas, power). At Marseilles, the University of the high city was ruled by a republic under the presidency of the Count of Provence, although the lower city was still under the sovereignty of a viscount. Périgueux, which was divided into two communities, "the great and the small fraternity," took up arms to resist the authority of the Counts of Périgord; and Arles under its podestats was governed for some time as a free and imperial town. Amongst the constitutions which were established by the cities, from the eleventh to the sixteenth centuries, we find admirable examples of administration and government, so that one is struck with admiration at the efforts of intelligence and patriotism, often uselessly lavished on such small political arenas. The consulate, which nominally at least found its origin in the ancient grandeur of southern regions, did not spread itself beyond Lyons. In the centre of France, at Poictiers, Tours, Moulin, &c., the urban progress only manifested itself in efforts which were feeble and easily suppressed; but in the north, on the contrary, in the provinces between the Seine and the Rhine, and even between the Seine and the Loire, the system of franchise took footing and became recognised. In some places, the revolution was effected without difficulty, but in others it gave rise to the most determined struggles. In Normandy, for instance, under the active and intelligent government of the dukes of the race of Roll or Rollon, the middle class was rich and even warlike. It had access to the councils of the duchy; and when it was contemplated to invade England, the Duke William (Fig. 35) found support from the middle class, both in money and men. The case was the same in Flanders, where the towns of Ghent (Fig. 36), of Bruges, of Ypres, after being enfranchised but a short time developed with great rapidity. But in the other counties of western France, the greater part of the towns were still much oppressed by the counts and bishops. If some obtained certain franchises, these privileges were their ultimate ruin, owing to the ill faith of their nobles. A town between the Loire and the Seine gave the signal which caused the regeneration of the North. The inhabitants of Mans formed a community or association, and took an oath that they would obtain and maintain certain rights. They rebelled about 1070, and forced the count and his noble vassals to grant them the freedom which they had sworn to obtain, though William of Normandy very soon restored the rebel city to order, and dissolved the presumptuous community. However, the example soon bore fruit. Cambrai rose in its turn and proclaimed the "Commune," and although its bishop, aided by treason and by the Count of Hainault, reduced it to obedience, it only seemed to succumb for a time, to renew the struggle with greater success at a subsequent period.

Fig. 36.--Civic Guard of Ghent (Brotherhood of St. Sebastian), from a painting on the Wall of the Chapel of St. John and St. Paul, Ghent, near the Gate of Bruges.

We have just mentioned the Commune; but we must not mistake the true meaning of this word, which, under a Latin form (communitas), expresses originally a Germanic idea, and in its new form a Christian mode of living. Societies of mutual defence, guilds, &c., had never disappeared from Germanic and Celtic countries; and, indeed, knighthood itself was but a brotherhood of Christian warriors. The societies of the Paix de Dieu, and of the Trève de Dieu, were encouraged by the clergy in order to stop the bloody quarrels of the nobility, and formed in reality great religious guilds. This idea of a body of persons taking some common oath to one another, of which feudalism gave so striking an example, could not fail to influence the minds of the rustics and the lower classes, and they only wanted the opportunity which the idea of the Commune at once gave them of imitating their superiors.

They too took oaths, and possessed their bodies and souls in "common;" they seized, by force of strategy, the ramparts of their towns; they elected mayors, aldermen, and jurors, who were charged to watch over the interests of their association. They swore to spare neither their goods, their labour, nor their blood, in order to free themselves; and not content with defending themselves behind barricades or chains which closed the streets, they boldly took the offensive against the proud feudal chiefs before whom their fathers had trembled, and they forced the nobles, who now saw themselves threatened by this armed multitude, to acknowledge their franchise by a solemn covenant.

It does not follow that everywhere the Commune was established by means of insurrection, for it was obtained after all sorts of struggles; and franchises were sold in some places for gold, and in others granted by a more or less voluntary liberality. Everywhere the object was the same; everywhere they struggled or negotiated to upset, by a written constitution or charter, the violence and arbitrary rule under which they had so long suffered, and to replace by an annual and fixed rent, under the protection of an independent and impartial law, the unlimited exactions and disguised plundering so long made by the nobility and royalty. Circumstanced as they were, what other means had they to attain this end but ramparts and gates, a common treasury, a permanent military force, and magistrates who were both administrators, judges, and captains? The hôtel de ville, or mansion-house, immediately became a sort of civic temple, where the banner of the Commune, the emblems of unity, and the seal which sanctioned the municipal acts were preserved. Then arose the watch-towers, where the watchmen were unceasingly posted night and day, and whence the alarm signal was ever ready to issue its powerful sounds when danger threatened the city. These watch-towers, the monuments of liberty, became as necessary for the burghers as the clock-towers of their cathedrals, whose brilliant peals and joyous chimes gave zest to the popular feasts (Fig. 37). The mansion-houses built in Flanders from the fourteenth to the sixteenth centuries, under municipal influence, are marvels of architecture.

Fig. 37.--Chimes of the Clock of St. Lambert of Liége.

Who is there who could thoroughly describe or even appreciate all the happy or unhappy vicissitudes relating to the establishment of the Communes? We read of the Commune of Cambrai, four times created, four times destroyed, and which was continually at war with the Bishops; the Commune of Beauvais, sustained on the contrary by the diocesan prelate against two nobles who possessed feudal rights over it; Laon, a commune bought for money from the bishop, afterwards confirmed by the King, and then violated by fraud and treachery, and eventually buried in the blood of its defenders. We read also of St. Quentin, where the Count of Vermandois and his vassals voluntarily swore to maintain the right of the bourgeois, and scrupulously respected their oath. In many other localities the feudal dignitaries took alarm simply at the name of Commune, and whereas they would not agree to the very best arrangements under this terrible designation, they did not hesitate to adopt them when called either the "laws of friendship," the "peace of God," or the "institutions of peace." At Lisle, for instance. the bourgeois magistrates took the name of appeasers, or watchers over friendship. At Aire, in Artois, the members of friendship mutually, not only helped one another against the enemy, but also assisted one another in distress.

Fig. 38.--The Deputies of the burghers of Ghent, in revolt against their Sovereign Louis II., Count of Flanders, come to beg him to pardon them, and to return to their Town. 1397--Miniature from Froissart, No. 2644 (National Library of Paris)

Amiens deserves the first place amongst the cities which dearly purchased their privileges. The most terrible and sanguinary war was sustained by the bourgeois against their count and lord of the manor, assisted by King Louis le Gros, who had under similar circumstances just taken the part of the nobles of Laon.

From Amiens, which, having been triumphant, became a perfect municipal republic, the example propagated itself throughout the rest of Picardy, the Isle of France, Normandy, Brittany, and Burgundy, and by degrees, without any revolutionary shocks, reached the region of Lyons, where the consulate, a characteristic institution of southern Communes, ended.

From Flanders, also, the movement spread in the direction of the German Empire; and there, too, the struggle was animated, and victorious against the aristocracy, until at last the great system of enfranchisement prevailed; and the cities of the west and south formed a confederation against the nobles, whilst those in the north formed the famous Teutonic Hanse, so celebrated for its maritime commerce.

The centre of France slowly followed the movement; but its progress was considerably delayed by the close influence of royalty, which sometimes conceded large franchises, and sometimes suppressed the least claims to independence. The kings, who willingly favoured Communes on the properties of their neighbours, did not so much care to see them forming on their own estates; unless the exceptional position and importance of any town required a wise exercise of tolerance. Thus Orleans, situated in the heart of the royal domains, was roughly repulsed in its first movement; whilst Mantes, which was on the frontier of the Duchy of Normandy, and still under the King of England, had but to ask in order to receive its franchise from the King of France.

It was particularly in the royal domains that cities were to be found, which, although they did not possess the complete independence of communes, had a certain amount of liberty and civil guarantees. They had neither the right of war, the watch-tower, nor the exclusive jurisdiction over their elected magistrates, for the bailiffs and the royal provosts represented the sovereign amongst them (Fig. 39).

Fig. 39.--Bailliage, or Tribunal of the King's Bailiff.--Fac-simile of an Engraving on Wood in the Work of Josse Damhoudere, "Praxis Rerum Civilium." (Antwerp, 1557, in 4to.).

In Paris, less than anywhere, could the kings consent to the organization of an independent political System, although that city succeeded in creating for itself a municipal existence. The middle-class influence originated in a Gallo-Roman corporation. The Company of Nautes or "the Corporation of the Water Trade," formed a centre round which were successively attached various bodies of different trades. Gradually a strong concourse of civic powers was established, which succeeded in electing a municipal council, composed of a provost of merchants, four aldermen, and twenty-six councillors of the town. This council afterwards succeeded in overstepping the royal influence at difficult times, and was destined to play a prominent part in history.

There also sprang up a lower order of towns or boroughs than these bourgeois cities, which were especially under the Crown. Not having sufficient strength to claim a great amount of liberty, they were obliged to be satisfied with a few privileges, conceded to them by the nobles, for the most part with a political end. These were the Free Towns or New Towns which we have already named.

However it came about, it is certain that although during the tenth century feudal power was almost supreme in Europe, as early as the twelfth century the municipal system had gained great weight, and was constantly progressing until the policy of the kingdom became developed on a more and more extended basis, so that it was then necessary for it to give up its primitive nature, and to participate in the great movement of consolidisation and national unity. In this way the position of the large towns in the state relatively lost their individual position, and became somewhat analogous, as compared with the kingdom at large, to that formerly held by bourgeois in the cities. Friendly ties arose between provinces; and distinct and rival interests were effaced by the general aspiration towards common objects. The towns were admitted to the states general, and the citizens of various regions mixed as representatives of the Tiers Etat. Three orders thus met, who were destined to struggle for predominance in the future.

We must call attention to the fact that, as M. Henri Martin says, by an apparent contradiction, the fall of the Communes declared itself in inverse ratio to the progress of the Tiers Etat. By degrees, as the government became more settled from the great fiefs being absorbed by the Crown, and as parliament and other courts of appeal which emanated from the middle class extended their high judiciary and military authority, so the central power, organized under monarchical form, must necessarily have been less disposed to tolerate the local independence of the Communes. The State replaced the Commune for everything concerning justice, war, and administration. No doubt some valuable privileges were lost; but that was only an accidental circumstance, for a great social revolution was produced, which cleared off at once all the relics of the old age; and when the work of reconstruction terminated, homage was rendered to the venerable name of "Commune," which became uniformly applied to all towns, boroughs, or villages into which the new spirit of the same municipal system was infused.

Fig. 40.--Various Arms of the Fifteenth Century.