MUTUAL AID AMONG THE BARBARIANS
The great migrations. New organization rendered necessary. The village community. Communal work. Judicial procedure. Inter-tribal law. Illustrations from the life of our contemporaries. Buryates. Kabyles. Caucasian mountaineers. African stems.
It is not possible to study primitive mankind without being deeply impressed by the sociability it has displayed since its very first steps in life. Traces of human societies are found in the relics of both the oldest and the later stone age; and, when we come to observe the savages whose manners of life are still those of neolithic man, we find them closely bound together by an extremely ancient clan organization which enables them to combine their individually weak forces, to enjoy life in common, and to progress. Man is no exception in nature. He also is subject to the great principle of Mutual Aid which grants the best chances of survival to those who best support each other in the struggle for life. These were the conclusions arrived at in the previous chapters.
However, as soon as we come to a higher stage of civilization, and refer to history which already has something to say about that stage, we are bewildered by the struggles and conflicts which it reveals. The old bonds seem entirely to be broken. Stems are seen to fight against stems, tribes against tribes, individuals against individuals; and out of this chaotic contest of hostile forces, mankind issues divided into castes, enslaved to despots, separated into States always ready to wage war against each other. And, with this history of mankind in his hands, the pessimist philosopher triumphantly concludes that warfare and oppression are the very essence of human nature; that the warlike and predatory instincts of man can only be restrained within certain limits by a strong authority which enforces peace and thus gives an opportunity to the few and nobler ones to prepare a better life for humanity in times to come.
And yet, as soon as the every-day life of man during the historical period is submitted to a closer analysis and so it has been, of late, by many patient students of very early institutions--it appears at once under quite a different aspect. Leaving aside the preconceived ideas of most historians and their pronounced predilection for the dramatic aspects of history, we see that the very documents they habitually peruse are such as to exaggerate the part of human life given to struggles and to underrate its peaceful moods. The bright and sunny days are lost sight of in the gales and storms. Even in our own time, the cumbersome records which we prepare for the future historian, in our Press, our law courts, our Government offices, and even in our fiction and poetry, suffer from the same one-sidedness. They hand down to posterity the most minute descriptions of every war, every battle and skirmish, every contest and act of violence, every kind of individual suffering; but they hardly bear any trace of the countless acts of mutual support and devotion which every one of us knows from his own experience; they hardly. take notice of what makes the very essence of our daily life--our social instincts and manners. No wonder, then, if the records of the past were so imperfect. The annalists of old never failed to chronicle the petty wars and calamities which harassed their contemporaries; but they paid no attention whatever to the life of the masses, although the masses chiefly used to toil peacefully while the few indulged in fighting. The epic poems, the inscriptions on monuments, the treaties of peace--nearly all historical documents bear the same character; they deal with breaches of peace, not with peace itself. So that the best-intentioned historian unconsciously draws a distorted picture of the times he endeavours to depict; and, to restore the real proportion between conflict and union, we are now bound to enter into a minute analysis of thousands of small facts and faint indications accidentally preserved in the relics of the past; to interpret them with the aid of comparative ethnology; and, after having heard so much about what used to divide men, to reconstruct stone by stone the institutions which used to unite them.
Ere long history will have to be re-written on new lines, so as to take into account these two currents of human life and to appreciate the part played by each of them in evolution. But in the meantime we may avail ourselves of the immense preparatory work recently done towards restoring the leading features of the second current, so much neglected. From the better-known periods of history we may take some illustrations of the life of the masses, in order to indicate the part played by mutual support during those periods; and, in so doing, we may dispense (for the sake of brevity) from going as far back as the Egyptian, or even the Greek and Roman antiquity. For, in fact, the evolution of mankind has not had the character of one unbroken series. Several times civilization came to an end in one given region, with one given race, and began anew elsewhere, among other races. But at each fresh start it began again with the same clan institutions which we have seen among the savages. So that if we take the last start of our own civilization, when it began afresh in the first centuries of our era, among those whom the Romans called the "barbarians," we shall have the whole scale of evolution, beginning with the gentes and ending in the institutions of our own time. To these illustrations the following pages will be devoted.
Men of science have not yet settled upon the causes which some two thousand years ago drove whole nations from Asia into Europe and resulted in the great migrations of barbarians which put an end to the West Roman Empire. One cause, however, is naturally suggested to the geographer as he contemplates the ruins of populous cities in the deserts of Central Asia, or follows the old beds of rivers now disappeared and the wide outlines of lakes now reduced to the size of mere ponds. It is desiccation: a quite recent desiccation, continued still at a speed which we formerly were not prepared to admit.(1) Against it man was powerless. When the inhabitants of North-West Mongolia and East Turkestan saw that water was abandoning them, they had no course open to them but to move down the broad valleys leading to the lowlands, and to thrust westwards the inhabitants of the plains.(2) Stems after stems were thus thrown into Europe, compelling other stems to move and to remove for centuries in succession, westwards and eastwards, in search of new and more or less permanent abodes. Races were mixing with races during those migrations, aborigines with immigrants, Aryans with Ural-Altayans; and it would have been no wonder if the social institutions which had kept them together in their mother countries had been totally wrecked during the stratification of races which took place in Europe and Asia. But they were not wrecked; they simply underwent the modification which was required by the new conditions of life.
The Teutons, the Celts, the Scandinavians, the Slavonians, and others, when they first came in contact with the Romans, were in a transitional state of social organization. The clan unions, based upon a real or supposed common origin, had kept them together for many thousands of years in succession. But these unions could answer their purpose so long only as there were no separate families within the gens or clan itself. However, for causes already mentioned, the separate patriarchal family had slowly but steadily developed within the clans, and in the long run it evidently meant the individual accumulation of wealth and power, and the hereditary transmission of both. The frequent migrations of the barbarians and the ensuing wars only hastened the division of the gentes into separate families, while the dispersing of stems and their mingling with strangers offered singular facilities for the ultimate disintegration of those unions which were based upon kinship. The barbarians thus stood in a position of either seeing their clans dissolved into loose aggregations of families, of which the wealthiest, especially if combining sacerdotal functions or military repute with wealth, would have succeeded in imposing their authority upon the others; or of finding out some new form of organization based upon some new principle.
Many stems had no force to resist disintegration: they broke up and were lost for history. But the more vigorous ones did not disintegrate. They came out of the ordeal with a new organization-- the village community--which kept them together for the next fifteen centuries or more. The conception of a common territory, appropriated or protected by common efforts, was elaborated, and it took the place of the vanishing conceptions of common descent. The common gods gradually lost their character of ancestors and were endowed with a local territorial character. They became the gods or saints of a given locality; "the land" was identified with its inhabitants. Territorial unions grew up instead of the consanguine unions of old, and this new organization evidently offered many advantages under the given circumstances. It recognized the independence of the family and even emphasized it, the village community disclaiming all rights of interference in what was going on within the family enclosure; it gave much more freedom to personal initiative; it was not hostile in principle to union between men of different descent, and it maintained at the same time the necessary cohesion of action and thought, while it was strong enough to oppose the dominative tendencies of the minorities of wizards, priests, and professional or distinguished warriors. Consequently it became the primary cell of future organization, and with many nations the village community has retained this character until now.
It is now known, and scarcely contested, that the village community was not a specific feature of the Slavonians, nor even of the ancient Teutons. It prevailed in England during both the Saxon and Norman times, and partially survived till the last century;(3) it was at the bottom of the social organization of old Scotland, old Ireland, and old Wales. In France, the communal possession and the communal allotment of arable land by the village folkmote persisted from the first centuries of our era till the times of Turgot, who found the folkmotes "too noisy" and therefore abolished them. It survived Roman rule in Italy, and revived after the fall of the Roman Empire. It was the rule with the Scandinavians, the Slavonians, the Finns (in the pittaya, as also, probably, the kihla-kunta), the Coures, and the lives. The village community in India--past and present, Aryan and non-Aryan--is well known through the epoch-making works of Sir Henry Maine; and Elphinstone has described it among the Afghans. We also find it in the Mongolian oulous, the Kabyle thaddart, the Javanese dessa, the Malayan kota or tofa, and under a variety of names in Abyssinia, the Soudan, in the interior of Africa, with natives of both Americas, with all the small and large tribes of the Pacific archipelagoes. In short, we do not know one single human race or one single nation which has not had its period of village communities. This fact alone disposes of the theory according to which the village community in Europe would have been a servile growth. It is anterior to serfdom, and even servile submission was powerless to break it. It was a universal phase of evolution, a natural outcome of the clan organization, with all those stems, at least, which have played, or play still, some part in history.(4)
It was a natural growth, and an absolute uniformity in its structure was therefore not possible. As a rule, it was a union between families considered as of common descent and owning a certain territory in common. But with some stems, and under certain circumstances, the families used to grow very numerous before they threw off new buds in the shape of new families; five, six, or seven generations continued to live under the same roof, or within the same enclosure, owning their joint household and cattle in common, and taking their meals at the common hearth. They kept in such case to what ethnology knows as the "joint family," or the "undivided household," which we still see all over China, in India, in the South Slavonian zadruga, and occasionally find in Africa, in America, in Denmark, in North Russia, and West France.(5) With other stems, or in other circumstances, not yet well specified, the families did not attain the same proportions; the grandsons, and occasionally the sons, left the household as soon as they were married, and each of them started a new cell of his own. But, joint or not, clustered together or scattered in the woods, the families remained united into village communities; several villages were grouped into tribes; and the tribes joined into confederations. Such was the social organization which developed among the so-called "barbarians," when they began to settle more or less permanently in Europe.
A very long evolution was required before the gentes, or clans, recognized the separate existence of a patriarchal family in a separate hut; but even after that had been recognized, the clan, as a rule, knew no personal inheritance of property. The few things which might have belonged personally to the individual were either destroyed on his grave or buried with him. The village community, on the contrary, fully recognized the private accumulation of wealth within the family and its hereditary transmission. But wealth was conceived exclusively in the shape of movable property, including cattle, implements, arms, and the dwelling house which--"like all things that can be destroyed by fire"--belonged to the same category(6). As to private property in land, the village community did not, and could not, recognize anything of the kind, and, as a rule, it does not recognize it now. The land was the common property of the tribe, or of the whole stem, and the village community itself owned its part of the tribal territory so long only as the tribe did not claim a re-distribution of the village allotments. The clearing of the woods and the breaking of the prairies being mostly done by the communities or, at least, by the joint work of several families--always with the consent of the community--the cleared plots were held by each family for a term of four, twelve, or twenty years, after which term they were treated as parts of the arable land owned in common. Private property, or possession "for ever" was as incompatible, with the very principles and the religious conceptions of the village community as it was with the principles of the gens; so that a long influence of the Roman law and the Christian Church, which soon accepted the Roman principles, were required to accustom the barbarians to the idea of private property in land being possible.(7) And yet, even when such property, or possession for an unlimited time, was recognized, the owner of a separate estate remained a co-proprietor in the waste lands, forests, and grazing-grounds. Moreover, we continually see, especially in the history of Russia, that when a few families, acting separately, had taken possession of some land belonging to tribes which were treated as strangers, they very soon united together, and constituted a village community which in the third or fourth generation began to profess a community of origin.
A whole series of institutions, partly inherited from the clan period, have developed from that basis of common ownership of land during the long succession of centuries which was required to bring the barbarians under the dominion of States organized upon the Roman or Byzantine pattern. The village community was not only a union for guaranteeing to each one his fair. share in the common land, but also a union for common culture, for mutual support in all possible forms, for protection from violence, and for a further development of knowledge, national bonds, and moral conceptions; and every change in the judicial, military, educational, or economical manners had to be decided at the folkmotes of the village, the tribe, or the confederation. The community being a continuation of the gens, it inherited all its functions. It was the universitas, the mir--a world in itself.
Common hunting, common fishing, and common culture of the orchards or the plantations of fruit trees was the rule with the old gentes. Common agriculture became the rule in the barbarian village communities. True, that direct testimony to this effect is scarce, and in the literature of antiquity we only have the passages of Diodorus and Julius Caesar relating to the inhabitants of the Lipari Islands, one of the Celt-Iberian tribes, and the Sueves. But there is no lack of evidence to prove that common agriculture was practised among some Teuton tribes, the Franks, and the old Scotch, Irish, and Welsh.(8) As to the later survivals of the same practice, they simply are countless. Even in perfectly Romanized France, common culture was habitual some five and twenty years ago in the Morbihan (Brittany).(9) The old Welsh cyvar, or joint team, as well as the common culture of the land allotted to the use of the village sanctuary are quite common among the tribes of Caucasus the least touched by civilization,(10) and like facts are of daily occurrence among the Russian peasants. Moreover, it is well known that many tribes of Brazil, Central America, and Mexico used to cultivate their fields in common, and that the same habit is widely spread among some Malayans, in New Caledonia, with several Negro stems, and so on.(11) In short, communal culture is so habitual with many Aryan, Ural-Altayan, Mongolian, Negro, Red Indian, Malayan, and Melanesian stems that we must consider it as a universal-- though not as the only possible--form of primitive agriculture.(12)
Communal cultivation does not, however, imply by necessity communal consumption. Already under the clan organization we often see that when the boats laden with fruits or fish return to the village, the food they bring in is divided among the huts and the "long houses" inhabited by either several families or the youth, and is cooked separately at each separate hearth. The habit of taking meals in a narrower circle of relatives or associates thus prevails at an early period of clan life. It became the rule in the village community. Even the food grown in common was usually divided between the households after part of it had been laid in store for communal use. However, the tradition of communal meals was piously kept alive; every available opportunity, such as the commemoration of the ancestors, the religious festivals, the beginning and the end of field work, the births, the marriages, and the funerals, being seized upon to bring the community to a common meal. Even now this habit, well known in this country as the "harvest supper," is the last to disappear. On the other hand, even when the fields had long since ceased to be tilled and sown in common, a variety of agricultural work continued, and continues still, to be performed by the community. Some part of the communal land is still cultivated in many cases in common, either for the use of the destitute, or for refilling the communal stores, or for using the produce at the religious festivals. The irrigation canals are digged and repaired in common. The communal meadows are mown by the community; and the sight of a Russian commune mowing a meadow-- the men rivalling each other in their advance with the scythe, while the women turn the grass over and throw it up into heaps-- is one of the most inspiring sights; it shows what human work might be and ought to be. The hay, in such case, is divided among the separate households, and it is evident that no one has the right of taking hay from a neighbour's stack without his permission; but the limitation of this last rule among the Caucasian Ossetes is most noteworthy. When the cuckoo cries and announces that spring is coming, and that the meadows will soon be clothed again with grass, every one in need has the right of taking from a neighbour's stack the hay he wants for his cattle.(13) The old communal rights are thus re-asserted, as if to prove how contrary unbridled individualism is to human nature.
When the European traveller lands in some small island of the Pacific, and, seeing at a distance a grove of palm trees, walks in that direction, he is astonished to discover that the little villages are connected by roads paved with big stones, quite comfortable for the unshod natives, and very similar to the "old roads" of the Swiss mountains. Such roads were traced by the "barbarians" all over Europe, and one must have travelled in wild, thinly-peopled countries, far away from the chief lines of communication, to realize in full the immense work that must have been performed by the barbarian communities in order to conquer the woody and marshy wilderness which Europe was some two thousand years ago. Isolated families, having no tools, and weak as they were, could not have conquered it; the wilderness would have overpowered them. Village communities alone, working in common, could master the wild forests, the sinking marshes, and the endless steppes. The rough roads, the ferries, the wooden bridges taken away in the winter and rebuilt after the spring flood was over, the fences and the palisaded walls of the villages, the earthen forts and the small towers with which the territory was dottedall these were the work of the barbarian communities. And when a community grew numerous it used to throw off a new bud. A new community arose at a distance, thus step by step bringing the woods and the steppes Under the dominion of man. The whole making of European nations was such a budding of the village communities. Even now-a-days the Russian peasants, if they are not quite broken down by misery, migrate in communities, and they till the soil and build the houses in com mon when they settle on the banks of the Amur, or in Manitoba. And even the English, when they first began to colonize America, used to return to the old system; they grouped into village communities.(14)
The village community was the chief arm of the barbarians in their hard struggle against a hostile nature. It also was the bond they opposed to oppression by the cunningest and the strongest which so easily might have developed during those disturbed times. The imaginary barbarian--the man who fights and kills at his mere caprice--existed no more than the "bloodthirsty" savage. The real barbarian was living, on the contrary, under a wide series of institutions, imbued with considerations as to what may be useful or noxious to his tribe or confederation, and these institutions were piously handed down from generation to generation in verses and songs, in proverbs or triads, in sentences and instructions. The more we study them the more we recognize the narrow bonds which united men in their villages. Every quarrel arising between two individuals was treated as a communal affair--even the offensive words that might have been uttered during a quarrel being considered as an offence to the community and its ancestors. They had to be repaired by amends made both to the individual and the community;(15) and if a quarrel ended in a fight and wounds, the man who stood by and did not interpose was treated as if he himself had inflicted the wounds.(16) The judicial procedure was imbued with the same spirit. Every dispute was brought first before mediators or arbiters, and it mostly ended with them, the arbiters playing a very important part in barbarian society. But if the case was too grave to be settled in this way, it came before the folkmote, which was bound "to find the sentence," and pronounced it in a conditional form; that is, "such compensation was due, if the wrong be proved," and the wrong had to be proved or disclaimed by six or twelve persons confirming or denying the fact by oath; ordeal being resorted to in case of contradiction between the two sets of jurors. Such procedure, which remained in force for more than two thousand years in succession, speaks volumes for itself; it shows how close were the bonds between all members of the community. Moreover, there was no other authority to enforce the decisions of the folkmote besides its own moral authority. The only possible menace was that the community might declare the rebel an outlaw, but even this menace was reciprocal. A man discontented with the folkmote could declare that he would abandon the tribe and go over to another tribe--a most dreadful menace, as it was sure to bring all kinds of misfortunes upon a tribe that might have been unfair to one of its members.(17) A rebellion against a right decision of the customary law was simply "inconceivable," as Henry Maine has so well said, because "law, morality, and fact" could not be separated from each other in those times.(18) The moral authority of the commune was so great that even at a much later epoch, when the village communities fell into submission to the feudal lord, they maintained their judicial powers; they only permitted the lord, or his deputy, to "find" the above conditional sentence in accordance with the customary law he had sworn to follow, and to levy for himself the fine (the fred) due to the commune. But for a long time, the lord himself, if he remained a co-proprietor in the waste land of the commune, submitted in communal affairs to its decisions. Noble or ecclesiastic, he had to submit to the folkmote--Wer daselbst Wasser und Weid genusst, muss gehorsam sein--"Who enjoys here the right of water and pasture must obey"--was the old saying. Even when the peasants became serfs under the lord, he was bound to appear before the folkmote when they summoned him.(19)
In their conceptions of justice the barbarians evidently did not much differ from the savages. They also maintained the idea that a murder must be followed by putting the murderer to death; that wounds had to be punished by equal wounds, and that the wronged family was bound to fulfil the sentence of the customary law. This was a holy duty, a duty towards the ancestors, which had to be accomplished in broad daylight, never in secrecy, and rendered widely known. Therefore the most inspired passages of the sagas and epic poetry altogether are those which glorify what was supposed to be justice. The gods themselves joined in aiding it. However, the predominant feature of barbarian justice is, on the one hand, to limit the numbers of persons who may be involved in a feud, and, on the other hand, to extirpate the brutal idea of blood for blood and wounds for wounds, by substituting for it the system of compensation. The barbarian codes which were collections of common law rules written down for the use of judges--"first permitted, then encouraged, and at last enforced," compensation instead of revenge.(20) The compensation has, however, been totally misunderstood by those who represented it as a fine, and as a sort of carte blanche given to the rich man to do whatever he liked. The compensation money (wergeld), which was quite different from the fine or fred,(21) was habitually so high for all kinds of active offences that it certainly was no encouragement for such offences. In case of a murder it usually exceeded all the possible fortune of the murderer "Eighteen times eighteen cows" is the compensation with the Ossetes who do not know how to reckon above eighteen, while with the African tribes it attains 800 cows or 100 camels with their young, or 416 sheep in the poorer tribes.(22) In the great majority of cases, the compensation money could not be paid at all, so that the murderer had no issue but to induce the wronged family, by repentance, to adopt him. Even now, in the Caucasus, when feuds come to an end, the offender touches with his lips the breast of the oldest woman of the tribe, and becomes a "milk-brother" to all men of the wronged family.(23) With several African tribes he must give his daughter, or sister, in marriage to some one of the family; with other tribes he is bound to marry the woman whom he has made a widow; and in all cases he becomes a member of the family, whose opinion is taken in all important family matters.(24)
Far from acting with disregard to human life, the barbarians, moreover, knew nothing of the horrid punishments introduced at a later epoch by the laic and canonic laws under Roman and Byzantine influence. For, if the Saxon code admitted the death penalty rather freely even in cases of incendiarism and armed robbery, the other barbarian codes pronounced it exclusively in cases of betrayal of one's kin, and sacrilege against the community's gods, as the only means to appease the gods.
All this, as seen is very far from the supposed "moral dissoluteness" of the barbarians. On the contrary, we cannot but admire the deeply moral principles elaborated within the early village communities which found their expression in Welsh triads, in legends about King Arthur, in Brehon commentaries,(25) in old German legends and so on, or find still their expression in the sayings of the modern barbarians. In his introduction to The Story of Burnt Njal, George Dasent very justly sums up as follows the qualities of a Northman, as they appear in the sagas:--
To do what lay before him openly and like a man, without fear of either foes, fiends, or fate;... to be free and daring in all his deeds; to be gentle and generous to his friends and kinsmen; to be stern and grim to his foes [those who are under the lex talionis], but even towards them to fulfil all bounden duties.... To be no truce-breaker, nor tale-bearer, nor backbiter. To utter nothing against any man that he would not dare to tell him to his face. To turn no man from his door who sought food or shelter, even though he were a foe.(26)
The same or still better principles permeate the Welsh epic poetry and triads. To act "according to the nature of mildness and the principles of equity," without regard to the foes or to the friends, and "to repair the wrong," are the highest duties of man; "evil is death, good is life," exclaims the poet legislator.(27) "The World would be fool, if agreements made on lips were not honourable"--the Brehon law says. And the humble Shamanist Mordovian, after having praised the same qualities, will add, moreover, in his principles of customary law, that "among neighbours the cow and the milking-jar are in common." that, "the cow must be milked for yourself and him who may ask milk;" that "the body of a child reddens from the stroke, but the face of him who strikes reddens from shame;"(28) and so on. Many pages might be filled with like principles expressed and followed by the "barbarians."
One feature more of the old village communities deserves a special mention. It is the gradual extension of the circle of men embraced by the feelings of solidarity. Not only the tribes federated into stems, but the stems as well, even though of different origin, joined together in confederations. Some unions were so close that, for instance, the Vandals, after part of their confederation had left for the Rhine, and thence went over to Spain and Africa, respected for forty consecutive years the landmarks and the abandoned villages of their confederates, and did not take possession of them until they had ascertained through envoys that their confederates did not intend to return. With other barbarians, the soil was cultivated by one part of the stem, while the other part fought on or beyond the frontiers of the common territory. As to the leagues between several stems, they were quite habitual. The Sicambers united with the Cherusques and the Sueves, the Quades with the Sarmates; the Sarmates with the Alans, the Carpes, and the Huns. Later on, we also see the conception of nations gradually developing in Europe, long before anything like a State had grown in any part of the continent occupied by the barbarians. These nations--for it is impossible to refuse the name of a nation to the Merovingian France, or to the Russia of the eleventh and twelfth century--were nevertheless kept together by nothing else but a community of language, and a tacit agreement of the small republics to take their dukes from none but one special family.
Wars were certainly unavoidable; migration means war; but Sir Henry Maine has already fully proved in his remarkable study of the tribal origin of International Law, that "Man has never been so ferocious or so stupid as to submit to such an evil as war without some kind of effort to prevent it," and he has shown how exceedingly great is "the number of ancient institutions which bear the marks of a design to stand in the way of war, or to provide an alternative to it."(29) In reality, man is so far from the warlike being he is supposed to be, that when the barbarians had once settled they so rapidly lost the very habits of warfare that very soon they were compelled to keep special dukes followed by special scholae or bands of warriors, in order to protect them from possible intruders. They preferred peaceful toil to war, the very peacefulness of man being the cause of the specialization of the warrior's trade, which specialization resulted later on in serfdom and in all the wars of the "States period" of human history.
History finds great difficulties in restoring to life the institutions of the barbarians. At every step the historian meets with some faint indication which he is unable to explain with the aid of his own documents only. But a broad light is thrown on the past as soon as we refer to the institutions of the very numerous tribes which are still living under a social organization almost identical with that of our barbarian ancestors. Here we simply have the difficulty of choice, because the islands of the Pacific, the steppes of Asia, and the tablelands of Africa are real historical museums containing specimens of all possible intermediate stages which mankind has lived through, when passing from the savage gentes up to the States' organization. Let us, then, examine a few of those specimens.
If we take the village communities of the Mongol Buryates, especially those of the Kudinsk Steppe on the upper Lena which have better escaped Russian influence, we have fair representatives of barbarians in a transitional state, between cattle-breeding and agriculture.(30) These Buryates are still living in "joint families"; that is, although each son, when he is married, goes to live in a separate hut, the huts of at least three generations remain within the same enclosure, and the joint family work in common in their fields, and own in common their joint households and their cattle, as well as their "calves' grounds" (small fenced patches of soil kept under soft grass for the rearing of calves). As a rule, the meals are taken separately in each hut; but when meat is roasted, all the twenty to sixty members of the joint household feast together. Several joint households which live in a cluster, as well as several smaller families settled in the same village--mostly debris of joint households accidentally broken up--make the oulous, or the village community. several oulouses make a tribe; and the, forty-six tribes, or clans, of the Kudinsk Steppe are united into one confederation. Smaller and closer confederations are entered into, as necessity arises for special wants, by several tribes. They know no private property in land--the land being held in common by the oulous, or rather by the confederation, and if it becomes necessary, the territory is re-allotted between the different oulouses at a folkmote of the tribe, and between the forty-six tribes at a folkmote of the confederation. It is worthy of note that the same organization prevails among all the 250,000 Buryates of East Siberia, although they have been for three centuries under Russian rule, and are well acquainted with Russian institutions.
With all that, inequalities of fortune rapidly develop among the Buryates, especially since the Russian Government is giving an exaggerated importance to their elected taishas (princes), whom it considers as responsible tax-collectors and representatives of the confederations in their administrative and even commercial relations with the Russians. The channels for the enrichment of the few are thus many, while the impoverishment of the great number goes hand in hand, through the appropriation of the Buryate lands by the Russians. But it is a habit with the Buryates, especially those of Kudinsk--and habit is more than law--that if a family has lost its cattle, the richer families give it some cows and horses that it may recover. As to the destitute man who has no family, he takes his meals in the huts of his congeners; he enters a hut, takes--by right, not for charity--his seat by the fire, and shares the meal which always is scrupulously divided into equal parts; he sleeps where he has taken his evening meal. Altogether, the Russian conquerors of Siberia were so much struck by the communistic practices of the Buryates, that they gave them the name of Bratskiye--"the Brotherly Ones"--and reported to Moscow. "With them everything is in common; whatever they have is shared in common." Even now, when the Lena Buryates sell their wheat, or send some of their cattle to be sold to a Russian butcher, the families of the oulous, or the tribe, put their wheat and cattle together, and sell it as a whole. Each oulous has, moreover, its grain store for loans in case of need, its communal baking oven (the four banal of the old French communities), and its blacksmith, who, like the blacksmith of the Indian communities,(31) being a member of the community, is never paid for his work within the community. He must make it for nothing, and if he utilizes his spare time for fabricating the small plates of chiselled and silvered iron which are used in Buryate land for the decoration of dress, he may occasionally sell them to a woman from another clan, but to the women of his own clan the attire is presented as a gift. Selling and buying cannot take place within the community, and the rule is so severe that when a richer family hires a labourer the labourer must be taken from another clan or from among the Russians. This habit is evidently not specific to the Buryates; it is so widely spread among the modern barbarians, Aryan and Ural-Altayan, that it must have been universal among our ancestors.
The feeling of union within the confederation is kept alive by the common interests of the tribes, their folkmotes, and the festivities which are usually kept in connection with the folkmotes. The same feeling is, however, maintained by another institution, the aba, or common hunt, which is a reminiscence of a very remote past. Every autumn, the forty-six clans of Kudinsk come together for such a hunt, the produce of which is divided among all the families. Moreover, national abas, to assert the unity of the whole Buryate nation, are convoked from time to time. In such cases, all Buryate clans which are scattered for hundreds of miles west and east of Lake Baikal, are bound to send their delegate hunters. Thousands of men come together, each one bringing provisions for a whole month. Every one's share must be equal to all the others, and therefore, before being put together, they are weighed by an elected elder (always "with the hand": scales would be a profanation of the old custom). After that the hunters divide into bands of twenty, and the parties go hunting according to a well-settled plan. In such abas the entire Buryate nation revives its epic traditions of a time when it was united in a powerful league. Let me add that such communal hunts are quite usual with the Red Indians and the Chinese on the banks of the Usuri (the kada).(32)
With the Kabyles, whose manners of life have been so well described by two French explorers,(33) we have barbarians still more advanced in agriculture. Their fields, irrigated and manured, are well attended to, and in the hilly tracts every available plot of land is cultivated by the spade. The Kabyles have known many vicissitudes in their history; they have followed for sometime the Mussulman law of inheritance, but, being adverse to it, they have returned, 150 years ago, to the tribal customary law of old. Accordingly, their land-tenure is of a mixed character, and private property in land exists side by side with communal possession. Still, the basis of their present organization is the village community, the thaddart, which usually consists of several joint families (kharoubas), claiming a community of origin, as well as of smaller families of strangers. Several villages are grouped into clans or tribes (arch); several tribes make the confederation (thak'ebilt); and several confederations may occasionally enter into a league, chiefly for purposes of armed defence.
The Kabyles know no authority whatever besides that of the djemmaa, or folkmote of the village community. All men of age take part in it, in the open air, or in a special building provided with stone seats. and the decisions of the djemmaa are evidently taken at unanimity: that is, the discussions continue until all present agree to accept, or to submit to, some decision. There being no authority in a village community to impose a decision, this system has been practised by mankind wherever there have been village communities, and it is practised still wherever they continue to exist, i.e. by several hundred million men all over the world. The djemmaa nominates its executive--the elder, the scribe, and the treasurer; it assesses its own taxes; and it manages the repartition of the common lands, as well as all kinds of works of public utility. A great deal of work is done in common: the roads, the mosques, the fountains, the irrigation canals, the towers erected for protection from robbers, the fences, and so on, are built by the village community; while the high-roads, the larger mosques, and the great market-places are the work of the tribe. Many traces of common culture continue to exist, and the houses continue to be built by, or with the aid of, all men and women of the village. Altogether, the "aids" are of daily occurrence, and are continually called in for the cultivation of the fields, for harvesting, and so on. As to the skilled work, each community has its blacksmith, who enjoys his part of the communal land, and works for the community; when the tilling season approaches he visits every house, and repairs the tools and the ploughs, without expecting any pay, while the making of new ploughs is considered as a pious work which can by no means be recompensed in money, or by any other form of salary.
As the Kabyles already have private property, they evidently have both rich and poor among them. But like all people who closely live together, and know how poverty begins, they consider it as an accident which may visit every one. "Don't say that you will never wear the beggar's bag, nor go to prison," is a proverb of the Russian peasants; the Kabyles practise it, and no difference can be detected in the external behaviour between rich and poor; when the poor convokes an "aid," the rich man works in his field, just as the poor man does it reciprocally in his turn.(34) Moreover, the djemmaas set aside certain gardens and fields, sometimes cultivated in common, for the use of the poorest members. Many like customs continue to exist. As the poorer families would not be able to buy meat, meat is regularly bought with the money of the fines, or the gifts to the djemmaa, or the payments for the use of the communal olive-oil basins, and it is distributed in equal parts among those who cannot afford buying meat themselves. And when a sheep or a bullock is killed by a family for its own use on a day which is not a market day, the fact is announced in the streets by the village crier, in order that sick people and pregnant women may take of it what they want. Mutual support permeates the life of the Kabyles, and if one of them, during a journey abroad, meets with another Kabyle in need, he is bound to come to his aid, even at the risk of his own fortune and life; if this has not been done, the djemmaa of the man who has suffered from such neglect may lodge a complaint, and the djemmaa of the selfish man will at once make good the loss. We thus come across a custom which is familiar to the students of the mediaeval merchant guilds. Every stranger who enters a Kabyle village has right to housing in the winter, and his horses can always graze on the communal lands for twenty-four hours. But in case of need he can reckon upon an almost unlimited support. Thus, during the famine of 1867-68, the Kabyles received and fed every one who sought refuge in their villages, without distinction of origin. In the district of Dellys, no less than 12,000 people who came from all parts of Algeria, and even from Morocco, were fed in this way. While people died from starvation all over Algeria, there was not one single case of death due to this cause on Kabylian soil. The djemmaas, depriving themselves of necessaries, organized relief, without ever asking any aid from the Government, or uttering the slightest complaint; they considered it as a natural duty. And while among the European settlers all kind of police measures were taken to prevent thefts and disorder resulting from such an influx of strangers, nothing of the kind was required on the Kabyles' territory: the djemmaas needed neither aid nor protection from without.(35)
I can only cursorily mention two other most interesting features of Kabyle life; namely, the anaya, or protection granted to wells, canals, mosques, marketplaces, some roads, and so on, in case of war, and the cofs. In the anaya we have a series of institutions both for diminishing the evils of war and for preventing conflicts. Thus the market-place is anaya, especially if it stands on a frontier and brings Kabyles and strangers together; no one dares disturb peace in the market, and if a disturbance arises, it is quelled at once by the strangers who have gathered in the market town. The road upon which the women go from the village to the fountain also is anaya in case of war; and so on. As to the cof it is a widely spread form of association, having some characters of the mediaeval Burgschaften or Gegilden, as well as of societies both for mutual protection and for various purposes--intellectual, political, and emotional--which cannot be satisfied by the territorial organization of the village, the clan, and the con federation. The cof knows no territorial limits; it recruits its members in various villages, even among strangers; and it protects them in all possible eventualities of life. Altogether, it is an attempt at supplementing the territorial grouping by an extra-territorial grouping intended to give an expression to mutual affinities of all kinds across the frontiers. The free international association of individual tastes and ideas, which we consider as one of the best features of our own life, has thus its origin in barbarian antiquity.
The mountaineers of Caucasia offer another extremely instructive field for illustrations of the same kind. In studying the present customs of the Ossetes--their joint families and communes and their judiciary conceptions--Professor Kovalevsky, in a remarkable work on Modern Custom and Ancient Law was enabled step by step to trace the similar dispositions of the old barbarian codes and even to study the origins of feudalism. With other Caucasian stems we occasionally catch a glimpse into the origin of the village community in those cases where it was not tribal but originated from a voluntary union between families of distinct origin. Such was recently the case with some Khevsoure villages, the inhabitants of which took the oath of "community and fraternity."(36) In another part of Caucasus, Daghestan, we see the growth of feudal relations between two tribes, both maintaining at the same time their village communities (and even traces of the gentile "classes"), and thus giving a living illustration of the forms taken by the conquest of Italy and Gaul by the barbarians. The victorious race, the Lezghines, who have conquered several Georgian and Tartar villages in the Zakataly district, did not bring them under the dominion of separate families; they constituted a feudal clan which now includes 12,000 households in three villages, and owns in common no less than twenty Georgian and Tartar villages. The conquerors divided their own land among their clans, and the clans divided it in equal parts among the families; but they did not interfere with the djemmaas of their tributaries which still practise the habit mentioned by Julius Caesar; namely, the djemmaa decides each year which part of the communal territory must be cultivated, and this land is divided into as many parts as there are families, and the parts are distributed by lot. It is worthy of note that although proletarians are of common occurrence among the Lezghines (who live under a system of private property in land, and common ownership of serfs(37)) they are rare among their Georgian serfs, who continue to hold their land in common. As to the customary law of the Caucasian mountaineers, it is much the same as that of the Longobards or Salic Franks, and several of its dispositions explain a good deal the judicial procedure of the barbarians of old. Being of a very impressionable character, they do their best to prevent quarrels from taking a fatal issue; so, with the Khevsoures, the swords are very soon drawn when a quarrel breaks out; but if a woman rushes out and throws among them the piece of linen which she wears on her head, the swords are at once returned to their sheaths, and the quarrel is appeased. The head-dress of the women is anaya. If a quarrel has not been stopped in time and has ended in murder, the compensation money is so considerable that the aggressor is entirely ruined for his life, unless he is adopted by the wronged family; and if he has resorted to his sword in a trifling quarrel and has inflicted wounds, he loses for ever the consideration of his kin. In all disputes, mediators take the matter in hand; they select from among the members of the clan the judges--six in smaller affairs, and from ten to fifteen in more serious matters-- and Russian observers testify to the absolute incorruptibility of the judges. An oath has such a significance that men enjoying general esteem are dispensed from taking it: a simple affirmation is quite sufficient, the more so as in grave affairs the Khevsoure never hesitates to recognize his guilt (I mean, of course, the Khevsoure untouched yet by civilization). The oath is chiefly reserved for such cases, like disputes about property, which require some sort of appreciation in addition to a simple statement of facts; and in such cases the men whose affirmation will decide in the dispute, act with the greatest circumspection. Altogether it is certainly not a want of honesty or of respect to the rights of the congeners which characterizes the barbarian societies of Caucasus.
The stems of Africa offer such an immense variety of extremely interesting societies standing at all intermediate stages from the early village community to the despotic barbarian monarchies that I must abandon the idea of giving here even the chief results of a comparative study of their institutions.(38) Suffice it to say, that, even under the most horrid despotism of kings, the folkmotes of the village communities and their customary law remain sovereign in a wide circle of affairs. The law of the State allows the king to take any one's life for a simple caprice, or even for simply satisfying his gluttony; but the customary law of the people continues to maintain the same network of institutions for mutual support which exist among other barbarians or have existed among our ancestors. And with some better-favoured stems (in Bornu, Uganda, Abyssinia), and especially the Bogos, some of the dispositions of the customary law are inspired with really graceful and delicate feelings.
The village communities of the natives of both Americas have the same character. The Tupi of Brazil were found living in "long houses" occupied by whole clans which used to cultivate their corn and manioc fields in common. The Arani, much more advanced in civilization, used to cultivate their fields in common; so also the Oucagas, who had learned under their system of primitive communism and "long houses" to build good roads and to carry on a variety of domestic industries,(39) not inferior to those of the early medieval times in Europe. All of them were also living under the same customary law of which we have given specimens on the preceding pages. At another extremity of the world we find the Malayan feudalism, but this feudalism has been powerless to unroot the negaria, or village community, with its common ownership of at least part of the land, and the redistribution of land among the several negarias of the tribe.(40) With the Alfurus of Minahasa we find the communal rotation of the crops; with the Indian stem of the Wyandots we have the periodical redistribution of land within the tribe, and the clan-culture of the soil; and in all those parts of Sumatra where Moslem institutions have not yet totally destroyed the old organization we find the joint family (suka) and the village community (kota) which maintains its right upon the land, even if part of it has been cleared without its authorization.(41) But to say this, is to say that all customs for mutual protection and prevention of feuds and wars, which have been briefly indicated in the preceding pages as characteristic of the village community, exist as well. More than that: the more fully the communal possession of land has been maintained, the better and the gentler are the habits. De Stuers positively affirms that wherever the institution of the village community has been less encroached upon by the conquerors, the inequalities of fortunes are smaller, and the very prescriptions of the lex talionis are less cruel; while, on the contrary, wherever the village community has been totally broken up, "the inhabitants suffer the most unbearable oppression from their despotic rulers."(42) This is quite natural. And when Waitz made the remark that those stems which have maintained their tribal confederations stand on a higher level of development and have a richer literature than those stems which have forfeited the old bonds of union, he only pointed out what might have been foretold in advance.
More illustrations would simply involve me in tedious repetitions--so strikingly similar are the barbarian societies under all climates and amidst all races. The same process of evolution has been going on in mankind with a wonderful similarity. When the clan organization, assailed as it was from within by the separate family, and from without by the dismemberment of the migrating clans and the necessity of taking in strangers of different descent--the village community, based upon a territorial conception, came into existence. This new institution, which had naturally grown out of the preceding one-- the clan--permitted the barbarians to pass through a most disturbed period of history without being broken into isolated families which would have succumbed in the struggle for life. New forms of culture developed under the new organization; agriculture attained the stage which it hardly has surpassed until now with the great number; the domestic industries reached a high degree of perfection. The wilderness was conquered, it was intersected by roads, dotted with swarms thrown off by the mother-communities. Markets and fortified centres, as well as places of public worship, were erected. The conceptions of a wider union, extended to whole stems and to several stems of various origin, were slowly elaborated. The old conceptions of justice which were conceptions of mere revenge, slowly underwent a deep modification--the idea of amends for the wrong done taking the place of revenge. The customary law which still makes the law of the daily life for two-thirds or more of mankind, was elaborated under that organization, as well as a system of habits intended to prevent the oppression of the masses by the minorities whose powers grew in proportion to the growing facilities for private accumulation of wealth. This was the new form taken by the tendencies of the masses for mutual support. And the progress--economical, intellectual, and moral--which mankind accomplished under this new popular form of organization, was so great that the States, when they were called later on into existence, simply took possession, in the interest of the minorities, of all the judicial, economical, and administrative functions which the village community already had exercised in the interest of all.
NOTES:
1. Numberless traces of post-pliocene lakes, now disappeared, are found over Central, West, and North Asia. Shells of the same species as those now found in the Caspian Sea are scattered over the surface of the soil as far East as half-way to Lake Aral, and are found in recent deposits as far north as Kazan. Traces of Caspian Gulfs, formerly taken for old beds of the Amu, intersect the Turcoman territory. Deduction must surely be made for temporary, periodical oscillations. But with all that, desiccation is evident, and it progresses at a formerly unexpected speed. Even in the relatively wet parts of South-West Siberia, the succession of reliable surveys, recently published by Yadrintseff, shows that villages have grown up on what was, eighty years ago, the bottom of one of the lakes of the Tchany group; while the other lakes of the same group, which covered hundreds of square miles some fifty years ago, are now mere ponds. In short, the desiccation of North-West Asia goes on at a rate which must be measured by centuries, instead of by the geological units of time of which we formerly used to speak.
2. Whole civilizations had thus disappeared, as is proved now by the remarkable discoveries in Mongolia on the Orkhon and in the Lukchun depression (by Dmitri Clements).
3. If I follow the opinions of (to name modern specialists only) Nasse, Kovalevsky, and Vinogradov, and not those of Mr. Seebohm (Mr. Denman Ross can only be named for the sake of completeness), it is not only because of the deep knowledge and concordance of views of these three writers, but also on account of their perfect knowledge of the village community altogether--a knowledge the want of which is much felt in the otherwise remarkable work of Mr. Seebohm. The same remark applies, in a still higher degree, to the most elegant writings of Fustel de Coulanges, whose opinions and passionate interpretations of old texts are confined to himself.
4. The literature of the village community is so vast that but a few works can be named. Those of Sir Henry Maine, Mr. Seebohm, and Walter's Das alte Wallis (Bonn, 1859), are well-known popular sources of information about Scotland, Ireland, and Wales. For France, P. Viollet, Precis de l'histoire du droit francais. Droit prive, 1886, and several of his monographs in Bibl. de l'Ecole des Chartes; Babeau, Le Village sous l'ancien regime (the mir in the eighteenth century), third edition, 1887; Bonnemere, Doniol, etc. For Italy and Scandinavia, the chief works are named in Laveleye's Primitive Property, German version by K. Bucher. For the Finns, Rein's Forelasningar, i. 16; Koskinen, Finnische Geschichte, 1874, and various monographs. For the Lives and Coures, Prof. Lutchitzky in Severnyi Vestnil, 1891. For the Teutons, besides the well-known works of Maurer, Sohm (Altdeutsche Reichsund Gerichts-Verfassung), also Dahn (Urzeit, Volkerwanderung, Langobardische Studien), Janssen, Wilh. Arnold, etc. For India, besides H. Maine and the works he names, Sir John Phear's Aryan Village. For Russia and South Slavonians, see Kavelin, Posnikoff, Sokolovsky, Kovalevsky, Efimenko, Ivanisheff, Klaus, etc. (copious bibliographical index up to 1880 in the Sbornik svedeniy ob obschinye of the Russ. Geog. Soc.). For general conclusions, besides Laveleye's Propriete, Morgan's Ancient Society, Lippert's Kulturgeschichte, Post, Dargun, etc., also the lectures of M. Kovalevsky (Tableau des origines et de l'evolution de la famille et de la propriete, Stockholm, 1890). Many special monographs ought to be mentioned; their titles may be found in the excellent lists given by P. Viollet in Droit prive and Droit public. For other races, see subsequent notes.
5. Several authorities are inclined to consider the joint household as an intermediate stage between the clan and the village community; and there is no doubt that in very many cases village communities have grown up out of undivided families. Nevertheless, I consider the joint household as a fact of a different order. We find it within the gentes; on the other hand, we cannot affirm that joint families have existed at any period without belonging either to a gens or to a village community, or to a Gau. I conceive the early village communities as slowly originating directly from the gentes, and consisting, according to racial and local circumstances, either of several joint families, or of both joint and simple families, or (especially in the case of new settlements) of simple families only. If this view be correct, we should not have the right of establishing the series: gens, compound family, village community--the second member of the series having not the same ethnological value as the two others. See Appendix IX.
6. Stobbe, Beitrag zur Geschichte des deutschen Rechtes, p. 62.
7. The few traces of private property in land which are met with in the early barbarian period are found with such stems (the Batavians, the Franks in Gaul) as have been for a time under the influence of Imperial Rome. See Inama-Sternegg's Die Ausbildung der grossen Grundherrschaften in Deutschland, Bd. i. 1878. Also, Besseler, Neubruch nach dem alteren deutschen Recht, pp. 11-12, quoted by Kovalevsky, Modern Custom and Ancient Law, Moscow, 1886, i. 134.
8. Maurer's Markgenossenschaft; Lamprecht's "Wirthschaft und Recht der Franken zur Zeit der Volksrechte," in Histor. Taschenbuch, 1883; Seebohm's The English Village Community, ch. vi, vii, and ix.
9. Letourneau, in Bulletin de la Soc. d'Anthropologie, 1888, vol. xi. p. 476.
10. Walter, Das alte Wallis, p. 323; Dm. Bakradze and N. Khoudadoff in Russian Zapiski of the Caucasian Geogr. Society, xiv. Part I.
11. Bancroft's Native Races; Waitz, Anthropologie, iii. 423; Montrozier, in Bull. Soc. d'Anthropologie, 1870; Post's Studien, etc.
12. A number of works, by Ory, Luro, Laudes, and Sylvestre, on the village community in Annam, proving that it has had there the same forms as in Germany or Russia, is mentioned in a review of these works by Jobbe-Duval, in Nouvelle Revue historique de droit francais et etranger, October and December, 1896. A good study of the village community of Peru, before the establishment of the power of the Incas, has been brought out by Heinrich Cunow (Die Soziale Verfassung des Inka-Reichs, Stuttgart, 1896.) The communal possession of land and communal culture are described in that work.
13. Kovalevsky, Modern Custom and Ancient Law, i. 115.
14. Palfrey, History of New England, ii. 13; quoted in Maine's Village Communities, New York, 1876, p. 201.
15. Konigswarter, Etudes sur le developpement des societes humaines, Paris, 1850.
16. This is, at least, the law of the Kalmucks, whose customary law bears the closest resemblance to the laws of the Teutons, the old Slavonians, etc.
17. The habit is in force still with many African and other tribes.
18. Village Communities, pp. 65-68 and 199.
19. Maurer (Gesch. der Markverfassung, sections 29, 97) is quite decisive upon this subject. He maintains that "All members of the community... the laic and clerical lords as well, often also the partial co-possessors (Markberechtigte), and even strangers to the Mark, were submitted to its jurisdiction" (p. 312). This conception remained locally in force up to the fifteenth century.
20. Konigswarter, loc. cit. p. 50; J. Thrupp, Historical Law Tracts, London, 1843, p. 106.
21. Konigswarter has shown that the fred originated from an offering which had to be made to appease the ancestors. Later on, it was paid to the community, for the breach of peace; and still later to the judge, or king, or lord, when they had appropriated to themselves the rights of the community.
22. Post's Bausteine and Afrikanische Jurisprudenz, Oldenburg, 1887, vol. i. pp. 64 seq.; Kovalevsky, loc. cit. ii. 164-189.
23. O. Miller and M. Kovalevsky, "In the Mountaineer Communities of Kabardia," in Vestnik Evropy, April, 1884. With the Shakhsevens of the Mugan Steppe, blood feuds always end by marriage between the two hostile sides (Markoff, in appendix to the Zapiski of the Caucasian Geogr. Soc. xiv. 1, 21).
24. Post, in Afrik. Jurisprudenz, gives a series of facts illustrating the conceptions of equity inrooted among the African barbarians. The same may be said of all serious examinations into barbarian common law.
25. See the excellent chapter, "Le droit de La Vieille Irlande," (also "Le Haut Nord") in Etudes de droit international et de droit politique, by Prof. E. Nys, Bruxelles, 1896.
26. Introduction, p. xxxv.
27. Das alte Wallis, pp. 343-350.
28. Maynoff, "Sketches of the Judicial Practices of the Mordovians," in the ethnographical Zapiski of the Russian Geographical Society, 1885, pp. 236, 257.
29. Henry Maine, International Law, London, 1888, pp. 11-13. E. Nys, Les origines du droit international, Bruxelles, 1894.
30. A Russian historian, the Kazan Professor Schapoff, who was exiled in 1862 to Siberia, has given a good description of their institutions in the Izvestia of the East-Siberian Geographical Society, vol. v. 1874.
31. Sir Henry Maine's Village Communities, New York, 1876, pp. 193-196.
32. Nazaroff, The North Usuri Territory (Russian), St. Petersburg, 1887, p. 65.
33. Hanoteau et Letourneux, La Kabylie, 3 vols. Paris, 1883.
34. To convoke an "aid" or "bee," some kind of meal must be offered to the community. I am told by a Caucasian friend that in Georgia, when the poor man wants an "aid," he borrows from the rich man a sheep or two to prepare the meal, and the community bring, in addition to their work, so many provisions that he may repay the debt. A similar habit exists with the Mordovians.
35. Hanoteau et Letourneux, La kabylie, ii. 58. The same respect to strangers is the rule with the Mongols. The Mongol who has refused his roof to a stranger pays the full blood-compensation if the stranger has suffered therefrom (Bastian, Der Mensch in der Geschichte, iii. 231).
36. N. Khoudadoff, "Notes on the Khevsoures," in Zapiski of the Caucasian Geogr. Society, xiv. 1, Tiflis, 1890, p. 68. They also took the oath of not marrying girls from their own union, thus displaying a remarkable return to the old gentile rules.
37. Dm. Bakradze, "Notes on the Zakataly District," in same Zapiski, xiv. 1, p. 264. The "joint team" is as common among the Lezghines as it is among the Ossetes.
38. See Post, Afrikanische Jurisprudenz, Oldenburg, 1887. Munzinger, Ueber das Recht und Sitten der Bogos, Winterthur 1859; Casalis, Les Bassoutos, Paris, 1859; Maclean, Kafir Laws and Customs, Mount Coke, 1858, etc.
39. Waitz, iii. 423 seq.
40. Post's Studien zur Entwicklungsgeschichte des Familien Rechts Oldenburg, 1889, pp. 270 seq.
41. Powell, Annual Report of the Bureau of Ethnography, Washington, 1881, quoted in Post's Studien, p. 290; Bastian's Inselgruppen in Oceanien, 1883, p. 88.
42. De Stuers, quoted by Waitz, v. 141.
MUTUAL AID IN THE MEDIAEVAL CITY
Growth of authority in Barbarian Society. Serfdom in the villages. Revolt of fortified towns: their liberation; their charts. The guild. Double origin of the free medieval city. Self-jurisdiction, self-administration. Honourable position of labour. Trade by the guild and by the city.
Sociability and need of mutual aid and support are such inherent parts of human nature that at no time of history can we discover men living in small isolated families, fighting each other for the means of subsistence. On the contrary, modern research, as we saw it in the two preceding chapters, proves that since the very beginning of their prehistoric life men used to agglomerate into gentes, clans, or tribes, maintained by an idea of common descent and by worship of common ancestors. For thousands and thousands of years this organization has kept men together, even though there was no authority whatever to impose it. It has deeply impressed all subsequent development of mankind; and when the bonds of common descent had been loosened by migrations on a grand scale, while the development of the separated family within the clan itself had destroyed the old unity of the clan, a new form of union, territorial in its principle--the village community--was called into existence by the social genius of man. This institution, again, kept men together for a number of centuries, permitting them to further develop their social institutions and to pass through some of the darkest periods of history, without being dissolved into loose aggregations of families and individuals, to make a further step in their evolution, and to work out a number of secondary social institutions, several of which have survived down to the present time. We have now to follow the further developments of the same ever-living tendency for mutual aid. Taking the village communities of the so-called barbarians at a time when they were making a new start of civilization after the fall of the Roman Empire, we have to study the new aspects taken by the sociable wants of the masses in the middle ages, and especially in the medieval guilds and the medieval city.
Far from being the fighting animals they have often been compared to, the barbarians of the first centuries of our era (like so many Mongolians, Africans, Arabs, and so on, who still continue in the same barbarian stage) invariably preferred peace to war. With the exception of a few tribes which had been driven during the great migrations into unproductive deserts or highlands, and were thus compelled periodically to prey upon their better-favoured neighbours--apart from these, the great bulk of the Teutons, the Saxons, the Celts, the Slavonians, and so on, very soon after they had settled in their newly-conquered abodes, reverted to the spade or to their herds. The earliest barbarian codes already represent to us societies composed of peaceful agricultural communities, not hordes of men at war with each other. These barbarians covered the country with villages and farmhouses;(1) they cleared the forests, bridged the torrents, and colonized the formerly quite uninhabited wilderness; and they left the uncertain warlike pursuits to brotherhoods, scholae, or "trusts" of unruly men, gathered round temporary chieftains, who wandered about, offering their adventurous spirit, their arms, and their knowledge of warfare for the protection of populations, only too anxious to be left in peace. The warrior bands came and went, prosecuting their family feuds; but the great mass continued to till the soil, taking but little notice of their would-be rulers, so long as they did not interfere with the independence of their village communities.(2) The new occupiers of Europe evolved the systems of land tenure and soil culture which are still in force with hundreds of millions of men; they worked out their systems of compensation for wrongs, instead of the old tribal blood-revenge; they learned the first rudiments of industry; and while they fortified their villages with palisaded walls, or erected towers and earthen forts whereto to repair in case of a new invasion, they soon abandoned the task of defending these towers and forts to those who made of war a speciality.
The very peacefulness of the barbarians, certainly not their supposed warlike instincts, thus became the source of their subsequent subjection to the military chieftains. It is evident that the very mode of life of the armed brotherhoods offered them more facilities for enrichment than the tillers of the soil could find in their agricultural communities. Even now we see that armed men occasionally come together to shoot down Matabeles and to rob them of their droves of cattle, though the Matabeles only want peace and are ready to buy it at a high price. The scholae of old certainly were not more scrupulous than the scholae of our own time. Droves of cattle, iron (which was extremely costly at that time(3)), and slaves were appropriated in this way; and although most acquisitions were wasted on the spot in those glorious feasts of which epic poetry has so much to say--still some part of the robbed riches was used for further enrichment. There was plenty of waste land, and no lack of men ready to till it, if only they could obtain the necessary cattle and implements. Whole villages, ruined by murrains, pests, fires, or raids of new immigrants, were often abandoned by their inhabitants, who went anywhere in search of new abodes. They still do so in Russia in similar circumstances. And if one of the hirdmen of the armed brotherhoods offered the peasants some cattle for a fresh start, some iron to make a plough, if not the plough itself, his protection from further raids, and a number of years free from all obligations, before they should begin to repay the contracted debt, they settled upon the land. And when, after a hard fight with bad crops, inundations and pestilences, those pioneers began to repay their debts, they fell into servile obligations towards the protector of the territory. Wealth undoubtedly did accumulate in this way, and power always follows wealth.(4) And yet, the more we penetrate into the life of those times, the sixth and seventh centuries of our era, the more we see that another element, besides wealth and military force, was required to constitute the authority of the few. It was an element of law and tight, a desire of the masses to maintain peace, and to establish what they considered to be justice, which gave to the chieftains of the scholae--kings, dukes, knyazes, and the like--the force they acquired two or three hundred years later. That same idea of justice, conceived as an adequate revenge for the wrong done, which had grown in the tribal stage, now passed as a red thread through the history of subsequent institutions, and, much more even than military or economic causes, it became the basis upon which the authority of the kings and the feudal lords was founded.
In fact, one of the chief preoccupations of the barbarian village community always was, as it still is with our barbarian contemporaries, to put a speedy end to the feuds which arose from the then current conception of justice. When a quarrel took place, the community at once interfered, and after the folkmote had heard the case, it settled the amount of composition (wergeld) to be paid to the wronged person, or to his family, as well as the fred, or fine for breach of peace, which had to be paid to the community. Interior quarrels were easily appeased in this way. But when feuds broke out between two different tribes, or two confederations of tribes, notwithstanding all measures taken to prevent them,(5) the difficulty was to find an arbiter or sentence-finder whose decision should be accepted by both parties alike, both for his impartiality and for his knowledge of the oldest law. The difficulty was the greater as the customary laws of different tribes and confederations were at variance as to the compensation due in different cases. It therefore became habitual to take the sentence-finder from among such families, or such tribes, as were reputed for keeping the law of old in its purity; of being versed in the songs, triads, sagas, etc., by means of which law was perpetuated in memory; and to retain law in this way became a sort of art, a "mystery," carefully transmitted in certain families from generation to generation. Thus in Iceland, and in other Scandinavian lands, at every Allthing, or national folkmote, a lovsogmathr used to recite the whole law from memory for the enlightening of the assembly; and in Ireland there was, as is known, a special class of men reputed for the knowledge of the old traditions, and therefore enjoying a great authority as judges.(6) Again, when we are told by the Russian annals that some stems of North-West Russia, moved by the growing disorder which resulted from "clans rising against clans," appealed to Norman varingiar to be their judges and commanders of warrior scholae; and when we see the knyazes, or dukes, elected for the next two hundred years always from the same Norman family, we cannot but recognize that the Slavonians trusted to the Normans for a better knowledge of the law which would be equally recognized as good by different Slavonian kins. In this case the possession of runes, used for the transmission of old customs, was a decided advantage in favour of the Normans; but in other cases there are faint indications that the "eldest" branch of the stem, the supposed motherbranch, was appealed to to supply the judges, and its decisions were relied upon as just;(7) while at a later epoch we see a distinct tendency towards taking the sentence-finders from the Christian clergy, which, at that time, kept still to the fundamental, now forgotten, principle of Christianity, that retaliation is no act of justice. At that time the Christian clergy opened the churches as places of asylum for those who fled from blood revenge, and they willingly acted as arbiters in criminal cases, always opposing the old tribal principle of life for life and wound for wound. In short, the deeper we penetrate into the history of early institutions, the less we find grounds for the military theory of origin of authority. Even that power which later on became such a source of oppression seems, on the contrary, to have found its origin in the peaceful inclinations of the masses.
In all these cases the fred, which often amounted to half the compensation, went to the folkmote, and from times immemorial it used to be applied to works of common utility and defence. It has still the same destination (the erection of towers) among the Kabyles and certain Mongolian stems; and we have direct evidence that even several centuries later the judicial fines, in Pskov and several French and German cities, continued to be used for the repair of the city walls.(8) It was thus quite natural that the fines should be handed over to the sentence-finder, who was bound, in return, both to maintain the schola of armed men to whom the defence of the territory was trusted, and to execute the sentences. This became a universal custom in the eighth and ninth centuries, even when the sentence-finder was an elected bishop. The germ of a combination of what we should now call the judicial power and the executive thus made its appearance. But to these two functions the attributions of the duke or king were strictly limited. He was no ruler of the people--the supreme power still belonging to the folkmote--not even a commander of the popular militia; when the folk took to arms, it marched under a separate, also elected, commander, who was not a subordinate, but an equal to the king.(9) The king was a lord on his personal domain only. In fact, in barbarian language, the word konung, koning, or cyning synonymous with the Latin rex, had no other meaning than that of a temporary leader or chieftain of a band of men. The commander of a flotilla of boats, or even of a single pirate boat, was also a konung, and till the present day the commander of fishing in Norway is named Not-kong--"the king of the nets."(10) The veneration attached later on to the personality of a king did not yet exist, and while treason to the kin was punished by death, the slaying of a king could be recouped by the payment of compensation: a king simply was valued so much more than a freeman.(11) And when King Knu (or Canute) had killed one man of his own schola, the saga represents him convoking his comrades to a thing where he stood on his knees imploring pardon. He was pardoned, but not till he had agreed to pay nine times the regular composition, of which one-third went to himself for the loss of one of his men, one-third to the relatives of the slain man, and one-third (the fred) to the schola.(12) In reality, a complete change had to be accomplished in the current conceptions, under the double influence of the Church and the students of Roman law, before an idea of sanctity began to be attached to the personality of the king.
However, it lies beyond the scope of these essays to follow the gradual development of authority out of the elements just indicated. Historians, such as Mr. and Mrs. Green for this country, Augustin Thierry, Michelet, and Luchaire for France, Kaufmann, Janssen, W. Arnold, and even Nitzsch, for Germany, Leo and Botta for Italy, Byelaeff, Kostomaroff, and their followers for Russia, and many others, have fully told that tale. They have shown how populations, once free, and simply agreeing "to feed" a certain portion of their military defenders, gradually became the serfs of these protectors; how "commendation" to the Church, or to a lord, became a hard necessity for the freeman; how each lord's and bishop's castle became a robber's nest--how feudalism was imposed, in a word--and how the crusades, by freeing the serfs who wore the cross, gave the first impulse to popular emancipation. All this need not be retold in this place, our chief aim being to follow the constructive genius of the masses in their mutual-aid institutions.
At a time when the last vestiges of barbarian freedom seemed to disappear, and Europe, fallen under the dominion of thousands of petty rulers, was marching towards the constitution of such theocracies and despotic States as had followed the barbarian stage during the previous starts of civilization, or of barbarian monarchies, such as we see now in Africa, life in Europe took another direction. It went on on lines similar to those it had once taken in the cities of antique Greece. With a unanimity which seems almost incomprehensible, and for a long time was not understood by historians, the urban agglomerations, down to the smallest burgs, began to shake off the yoke of their worldly and clerical lords. The fortified village rose against the lord's castle, defied it first, attacked it next, and finally destroyed it. The movement spread from spot to spot, involving every town on the surface of Europe, and in less than a hundred years free cities had been called into existence on the coasts of the Mediterranean, the North Sea, the Baltic, the Atlantic Ocean, down to the fjords of Scandinavia; at the feet of the Apennines, the Alps, the Black Forest, the Grampians, and the Carpathians; in the plains of Russia, Hungary, France and Spain. Everywhere the same revolt took place, with the same features, passing through the same phases, leading to the same results. Wherever men had found, or expected to find, some protection behind their town walls, they instituted their "co-jurations," their "fraternities," their "friendships," united in one common idea, and boldly marching towards a new life of mutual support and liberty. And they succeeded so well that in three or four hundred years they had changed the very face of Europe. They had covered the country with beautiful sumptuous buildings, expressing the genius of free unions of free men, unrivalled since for their beauty and expressiveness; and they bequeathed to the following generations all the arts, all the industries, of which our present civilization, with all its achievements and promises for the future, is only a further development. And when we now look to the forces which have produced these grand results, we find them--not in the genius of individual heroes, not in the mighty organization of huge States or the political capacities of their rulers, but in the very same current of mutual aid and support which we saw at work in the village community, and which was vivified and reinforced in the Middle Ages by a new form of unions, inspired by the very same spirit but shaped on a new model--the guilds.
It is well known by this time that feudalism did not imply a dissolution of the village community. Although the lord had succeeded in imposing servile labour upon the peasants, and had appropriated for himself such rights as were formerly vested in the village community alone (taxes, mortmain, duties on inheritances and marriages), the peasants had, nevertheless, maintained the two fundamental rights of their communities: the common possession of the land, and self-jurisdiction. In olden times, when a king sent his vogt to a village, the peasants received him with flowers in one hand and arms in the other, and asked him--which law he intended to apply: the one he found in the village, or the one he brought with him? And, in the first case, they handed him the flowers and accepted him; while in the second case they fought him.(13) Now, they accepted the king's or the lord's official whom they could not refuse; but they maintained the folkmote's jurisdiction, and themselves nominated six, seven, or twelve judges, who acted with the lord's judge, in the presence of the folkmote, as arbiters and sentence-finders. In most cases the official had nothing left to him but to confirm the sentence and to levy the customary fred. This precious right of self-jurisdiction, which, at that time, meant self-administration and self-legislation, had been maintained through all the struggles; and even the lawyers by whom Karl the Great was surrounded could not abolish it; they were bound to confirm it. At the same time, in all matters concerning the community's domain, the folkmote retained its supremacy and (as shown by Maurer) often claimed submission from the lord himself in land tenure matters. No growth of feudalism could break this resistance; the village community kept its ground; and when, in the ninth and tenth centuries, the invasions of the Normans, the Arabs, and the Ugrians had demonstrated that military scholae were of little value for protecting the land, a general movement began all over Europe for fortifying the villages with stone walls and citadels. Thousands of fortified centres were then built by the energies of the village communities; and, once they had built their walls, once a common interest had been created in this new sanctuary--the town walls--they soon understood that they could henceforward resist the encroachments of the inner enemies, the lords, as well as the invasions of foreigners. A new life of freedom began to develop within the fortified enclosures. The medieval city was born.(14)
No period of history could better illustrate the constructive powers of the popular masses than the tenth and eleventh centuries, when the fortified villages and market-places, representing so many "oases amidst the feudal forest," began to free themselves from their lord's yoke, and slowly elaborated the future city organization; but, unhappily, this is a period about which historical information is especially scarce: we know the results, but little has reached us about the means by which they were achieved. Under the protection of their walls the cities' folkmotes--either quite independent, or led by the chief noble or merchant families--conquered and maintained the right of electing the military defensor and supreme judge of the town, or at least of choosing between those who pretended to occupy this position. In Italy the young communes were continually sending away their defensors or domini, fighting those who refused to go. The same went on in the East. In Bohemia, rich and poor alike (Bohemicae gentis magni et parvi, nobiles et ignobiles) took part in the election;(15) while, the vyeches (folkmotes) of the Russian cities regularly elected their dukes--always from the same Rurik family--covenanted with them, and sent the knyaz away if he had provoked discontent.(16) At the same time in most cities of Western and Southern Europe, the tendency was to take for defensor a bishop whom the city had elected itself. and so many bishops took the lead in protecting the "immunities" of the towns and in defending their liberties, that numbers of them were considered, after their death, as saints and special patrons of different cities. St. Uthelred of Winchester, St. Ulrik of Augsburg, St. Wolfgang of Ratisbon, St. Heribert of Cologne, St. Adalbert of Prague, and so on, as well as many abbots and monks, became so many cities' saints for having acted in defence of popular rights.(17) And under the new defensors, whether laic or clerical, the citizens conquered full self-jurisdiction and self-administration for their folkmotes.(18)
The whole process of liberation progressed by a series of imperceptible acts of devotion to the common cause, accomplished by men who came out of the masses--by unknown heroes whose very names have not been preserved by history. The wonderful movement of the God's peace (treuga Dei) by which the popular masses endeavoured to put a limit to the endless family feuds of the noble families, was born in the young towns, the bishops and the citizens trying to extend to the nobles the peace they had established within their town walls.(19) Already at that period, the commercial cities of Italy, and especially Amalfi (which had its elected consuls since 844, and frequently changed its doges in the tenth century)(20) worked out the customary maritime and commercial law which later on became a model for all Europe; Ravenna elaborated its craft organization, and Milan, which had made its first revolution in 980, became a great centre of commerce, its trades enjoying a full independence since the eleventh century.(21) So also Brugge and Ghent; so also several cities of France in which the Mahl or forum had become a quite independent institution.(22) And already during that period began the work of artistic decoration of the towns by works of architecture, which we still admire and which loudly testify of the intellectual movement of the times. "The basilicae were then renewed in almost all the universe," Raoul Glaber wrote in his chronicle, and some of the finest monuments of medieval architecture date from that period: the wonderful old church of Bremen was built in the ninth century, Saint Marc of Venice was finished in 1071, and the beautiful dome of Pisa in 1063. In fact, the intellectual movement which has been described as the Twelfth Century Renaissance(23) and the Twelfth Century Rationalism--the precursor of the Reform(24) date from that period, when most cities were still simple agglomerations of small village communities enclosed by walls.
However, another element, besides the village-community principle, was required to give to these growing centres of liberty and enlightenment the unity of thought and action, and the powers of initiative, which made their force in the twelfth and thirteenth centuries. With the growing diversity of occupations, crafts and arts, and with the growing commerce in distant lands, some new form of union was required, and this necessary new element was supplied by the guilds. Volumes and volumes have been written about these unions which, under the name of guilds, brotherhoods, friendships and druzhestva, minne, artels in Russia, esnaifs in Servia and Turkey, amkari in Georgia, and so on, took such a formidable development in medieval times and played such an important part in the emancipation of the cities. But it took historians more than sixty years before the universality of this institution and its true characters were understood. Only now, when hundreds of guild statutes have been published and studied, and their relationship to the Roman collegiae, and the earlier unions in Greece and in India,(25) is known, can we maintain with full confidence that these brotherhoods were but a further development of the same principles which we saw at work in the gens and the village community.
Nothing illustrates better these medieval brother hoods than those temporary guilds which were formed on board ships. When a ship of the Hansa had accomplished her first half-day passage after having left the port, the captain (Schiffer) gathered all crew and passengers on the deck, and held the following language, as reported by a contemporary:--
"'As we are now at the mercy of God and the waves,' he said, 'each one must be equal to each other. And as we are surrounded by storms, high waves, pirates and other dangers, we must keep a strict order that we may bring our voyage to a good end. That is why we shall pronounce the prayer for a good wind and good success, and, according to marine law, we shall name the occupiers of the judges' seats (Schoffenstellen).' Thereupon the crew elected a Vogt and four scabini, to act as their judges. At the end of the voyage the Vogt and the scabini. abdicated their functions and addressed the. 'What has happened on board ship, we crew as follows:--must pardon to each other and consider as dead (todt und ab sein lassen). What we have judged right, was for the sake of justice. This is why we beg you all, in the name of honest justice, to forget all the animosity one may nourish against another, and to swear on bread and salt that he will not think of it in a bad spirit. If any one, however, considers himself wronged, he must appeal to the land Vogt and ask justice from him before sunset.' On landing, the Stock with the fredfines was handed over to the Vogt of the sea-port for distribution among the poor."(26)
This simple narrative, perhaps better than anything else, depicts the spirit of the medieval guilds. Like organizations came into existence wherever a group of men--fishermen, hunters, travelling merchants, builders, or settled craftsmen-- came together for a common pursuit. Thus, there was on board ship the naval authority of the captain; but, for the very success of the common enterprise, all men on board, rich and poor, masters and crew, captain and sailors, agreed to be equals in their mutual relations, to be simply men, bound to aid each other and to settle their possible disputes before judges elected by all of them. So also when a number of craftsmen--masons, carpenters, stone-cutters, etc.--came together for building, say, a cathedral, they all belonged to a city which had its political organization, and each of them belonged moreover to his own craft; but they were united besides by their common enterprise, which they knew better than any one else, and they joined into a body united by closer, although temporary, bonds; they founded the guild for the building of the cathedral.(27) We may see the same till now in the Kabylian. cof:(28) the Kabyles have their village community; but this union is not sufficient for all political, commercial, and personal needs of union, and the closer brotherhood of the cof is constituted.
As to the social characters of the medieval guild, any guild-statute may illustrate them. Taking, for instance, the skraa of some early Danish guild, we read in it, first, a statement of the general brotherly feelings which must reign in the guild; next come the regulations relative to self-jurisdiction in cases of quarrels arising between two brothers, or a brother and a stranger; and then, the social duties of the brethren are enumerated. If a brother's house is burned, or he has lost his ship, or has suffered on a pilgrim's voyage, all the brethren must come to his aid. If a brother falls dangerously ill, two brethren must keep watch by his bed till he is out of danger, and if he dies, the brethren must bury him--a great affair in those times of pestilences--and follow him to the church and the grave. After his death they must provide for his children, if necessary; very often the widow becomes a sister to the guild.(29)
These two leading features appeared in every brotherhood formed for any possible purpose. In each case the members treated each other as, and named each other, brother and sister;(30) all were equals before the guild. They owned some "chattel" (cattle, land, buildings, places of worship, or "stock") in common. All brothers took the oath of abandoning all feuds of old; and, without imposing upon each other the obligation of never quarrelling again, they agreed that no quarrel should degenerate into a feud, or into a law-suit before another court than the tribunal of the brothers themselves. And if a brother was involved in a quarrel with a stranger to the guild, they agreed to support him for bad and for good; that is, whether he was unjustly accused of aggression, or really was the aggressor, they had to support him, and to bring things to a peaceful end. So long as his was not a secret aggression--in which case he would have been treated as an outlaw--the brotherhood stood by him.(31) If the relatives of the wronged man wanted to revenge the offence at once by a new aggression, the brother-hood supplied him with a horse to run away, or with a boat, a pair of oars, a knife and a steel for striking light; if he remained in town, twelve brothers accompanied him to protect him; and in the meantime they arranged the composition. They went to court to support by oath the truthfulness of his statements, and if he was found guilty they did not let him go to full ruin and become a slave through not paying the due compensation: they all paid it, just as the gens did in olden times. Only when a brother had broken the faith towards his guild-brethren, or other people, he was excluded from the brotherhood "with a Nothing's name" (tha scal han maeles af brodrescap met nidings nafn).(32)
Such were the leading ideas of those brotherhoods which gradually covered the whole of medieval life. In fact, we know of guilds among all possible professions: guilds of serfs,(33) guilds of freemen, and guilds of both serfs and freemen; guilds called into life for the special purpose of hunting, fishing, or a trading expedition, and dissolved when the special purpose had been achieved; and guilds lasting for centuries in a given craft or trade. And, in proportion as life took an always greater variety of pursuits, the variety in the guilds grew in proportion. So we see not only merchants, craftsmen, hunters, and peasants united in guilds; we also see guilds of priests, painters, teachers of primary schools and universities, guilds for performing the passion play, for building a church, for developing the "mystery" of a given school of art or craft, or for a special recreation--even guilds among beggars, executioners, and lost women, all organized on the same double principle of self-jurisdiction and mutual support.(34) For Russia we have positive evidence showing that the very "making of Russia" was as much the work of its hunters', fishermen's, and traders' artels as of the budding village communities, and up to the present day the country is covered with artels.(35)
These few remarks show how incorrect was the view taken by some early explorers of the guilds when they wanted to see the essence of the institution in its yearly festival. In reality, the day of the common meal was always the day, or the morrow of the day, of election of aldermen, of discussion of alterations in the statutes, and very often the day of judgment of quarrels that had risen among the brethren,(36) or of renewed allegiance to the guild. The common meal, like the festival at the old tribal folkmote--the mahl or malum--or the Buryate aba, or the parish feast and the harvest supper, was simply an affirmation of brotherhood. It symbolized the times when everything was kept in common by the clan. This day, at least, all belonged to all; all sate at the same table and partook of the same meal. Even at a much later time the inmate of the almshouse of a London guild sat this day by the side of the rich alderman. As to the distinction which several explorers have tried to establish between the old Saxon "frith guild" and the so-called "social" or "religious" guilds--all were frith guilds in the sense above mentioned,(37) and all were religious in the sense in which a village community or a city placed under the protection of a special saint is social and religious. If the institution of the guild has taken such an immense extension in Asia, Africa, and Europe, if it has lived thousands of years, reappearing again and again when similar conditions called it into existence, it is because it was much more than an eating association, or an association for going to church on a certain day, or a burial club. It answered to a deeply inrooted want of human nature; and it embodied all the attributes which the State appropriated later on for its bureaucracy and police, and much more than that. It was an association for mutual support in all circumstances and in all accidents of life, "by deed and advise," and it was an organization for maintaining justice--with this difference from the State, that on all these occasions a humane, a brotherly element was introduced instead of the formal element which is the essential characteristic of State interference. Even when appearing before the guild tribunal, the guild-brother answered before men who knew him well and had stood by him before in their daily work, at the common meal, in the performance of their brotherly duties: men who were his equals and brethren indeed, not theorists of law nor defenders of some one else's interests.(38)
It is evident that an institution so well suited to serve the need of union, without depriving the individual of his initiative, could but spread, grow, and fortify. The difficulty was only to find such form as would permit to federate the unions of the guilds without interfering with the unions of the village communities, and to federate all these into one harmonious whole. And when this form of combination had been found, and a series of favourable circumstances permitted the cities to affirm their independence, they did so with a unity of thought which can but excite our admiration, even in our century of railways, telegraphs, and printing. Hundreds of charters in which the cities inscribed their liberation have reached us, and through all of them--notwithstanding the infinite variety of details, which depended upon the more or less greater fulness of emancipation--the same leading ideas run. The city organized itself as a federation of both small village communities and guilds.
"All those who belong to the friendship of the town"--so runs a charter given in 1188 to the burghesses of Aire by Philip, Count of Flanders--"have promised and confirmed by faith and oath that they will aid each other as brethren, in whatever is useful and honest. That if one commits against another an offence in words or in deeds, the one who has suffered there from will not take revenge, either himself or his people... he will lodge a complaint and the offender will make good for his offence, according to what will be pronounced by twelve elected judges acting as arbiters, And if the offender or the offended, after having been warned thrice, does not submit to the decision of the arbiters, he will be excluded from the friendship as a wicked man and a perjuror.(39)
"Each one of the men of the commune will be faithful to his con-juror, and will give him aid and advice, according to what justice will dictate him"--the Amiens and Abbeville charters say. "All will aid each other, according to their powers, within the boundaries of the Commune, and will not suffer that any one takes anything from any one of them, or makes one pay contributions"--do we read in the charters of Soissons, Compiegne, Senlis, and many others of the same type.(40) And so on with countless variations on the same theme.
"The Commune," Guilbert de Nogent wrote, "is an oath of mutual aid (mutui adjutorii conjuratio)... A new and detestable word. Through it the serfs (capite sensi) are freed from all serfdom; through it, they can only be condemned to a legally determined fine for breaches of the law; through it, they cease to be liable to payments which the serfs always used to pay."(41)
The same wave of emancipation ran, in the twelfth century, through all parts of the continent, involving both rich cities and the poorest towns. And if we may say that, as a rule, the Italian cities were the first to free themselves, we can assign no centre from which the movement would have spread. Very often a small burg in central Europe took the lead for its region, and big agglomerations accepted the little town's charter as a model for their own. Thus, the charter of a small town, Lorris, was adopted by eighty-three towns in south-west France, and that of Beaumont became the model for over five hundred towns and cities in Belgium and France. Special deputies were dispatched by the cities to their neighbours to obtain a copy from their charter, and the constitution was framed upon that model. However, they did not simply copy each other: they framed their own charters in accordance with the concessions they had obtained from their lords; and the result was that, as remarked by an historian, the charters of the medieval communes offer the same variety as the Gothic architecture of their churches and cathedrals. The same leading ideas in all of them--the cathedral symbolizing the union of parish and guild in the, city--and the same infinitely rich variety of detail.
Self-jurisdiction was the essential point, and self-jurisdiction meant self-administration. But the commune was not simply an "autonomous" part of the State--such ambiguous words had not yet been invented by that time--it was a State in itself. It had the right of war and peace, of federation and alliance with its neighbours. It was sovereign in its own affairs, and mixed with no others. The supreme political power could be vested entirely in a democratic forum, as was the case in Pskov, whose vyeche sent and received ambassadors, concluded treaties, accepted and sent away princes, or went on without them for dozens of years; or it was vested in, or usurped by, an aristocracy of merchants or even nobles, as was the case in hundreds of Italian and middle European cities. The principle, nevertheless, remained the same: the city was a State and--what was perhaps still more remarkable--when the power in the city was usurped by an aristocracy of merchants or even nobles, the inner life of the city and the democratism of its daily life did not disappear: they depended but little upon what may be called the political form of the State.
The secret of this seeming anomaly lies in the fact that a medieval city was not a centralized State. During the first centuries of its existence, the city hardly could be named a State as regards its interior organization, because the middle ages knew no more of the present centralization of functions than of the present territorial centralization. Each group had its share of sovereignty. The city was usually divided into four quarters, or into five to seven sections radiating from a centre, each quarter or section roughly corresponding to a certain trade or profession which prevailed in it, but nevertheless containing inhabitants of different social positions and occupations-- nobles, merchants, artisans, or even half-serfs; and each section or quarter constituted a quite independent agglomeration. In Venice, each island was an independent political community. It had its own organized trades, its own commerce in salt, its own jurisdiction and administration, its own forum; and the nomination of a doge by the city changed nothing in the inner independence of the units.(42) In Cologne, we see the inhabitants divided into Geburschaften and Heimschaften (viciniae), i.e. neighbour guilds, which dated from the Franconian period. Each of them had its judge (Burrichter) and the usual twelve elected sentence-finders (Schoffen), its Vogt, and its greve or commander of the local militia.(43) The story of early London before the Conquest--Mr. Green says--is that "of a number of little groups scattered here and there over the area within the walls, each growing up with its own life and institutions, guilds, sokes, religious houses and the like, and only slowly drawing together into a municipal union."(44) And if we refer to the annals of the Russian cities, Novgorod and Pskov, both of which are relatively rich in local details, we find the section (konets) consisting of independent streets (ulitsa), each of which, though chiefly peopled with artisans of a certain craft, had also merchants and landowners among its inhabitants, and was a separate community. It had the communal responsibility of all members in case of crime, its own jurisdiction and administration by street aldermen (ulichanskiye starosty), its own seal and, in case of need, its own forum; its own militia, as also its self-elected priests and its, own collective life and collective enterprise.(45)
The medieval city thus appears as a double federation: of all householders united into small territorial unions--the street, the parish, the section--and of individuals united by oath into guilds according to their professions; the former being a produce of the village-community origin of the city, while the second is a subsequent growth called to life by new conditions.
To guarantee liberty, self-administration, and peace was the chief aim of the medieval city. and labour, as we shall presently see when speaking of the craft guilds, was its chief foundation. But "production" did not absorb the whole attention of the medieval economist. With his practical mind, he understood that "consumption" must be guaranteed in order to obtain production; and therefore, to provide for "the common first food and lodging of poor and rich alike" (gemeine notdurft und gemach armer und richer(46)) was the fundamental principle in each city. The purchase of food supplies and other first necessaries (coal, wood, etc.) before they had reached the market, or altogether in especially favourable conditions from which others would be excluded--the preempcio, in a word--was entirely prohibited. Everything had to go to the market and be offered there for every one's purchase, till the ringing of the bell had closed the market. Then only could the retailer buy the remainder, and even then his profit should be an "honest profit" only.(47) Moreover, when corn was bought by a baker wholesale after the close of the market, every citizen had the right to claim part of the corn (about half-a-quarter) for his own use, at wholesale price, if he did so before the final conclusion of the bargain; and reciprocally, every baker could claim the same if the citizen purchased corn for re-selling it. In the first case, the corn had only to be brought to the town mill to be ground in its proper turn for a settled price, and the bread could be baked in the four banal, or communal oven.(48) In short, if a scarcity visited the city, all had to suffer from it more or less; but apart from the calamities, so long as the free cities existed no one could die in their midst from starvation, as is unhappily too often the case in our own times.
However, all such regulations belong to later periods of the cities' life, while at an earlier period it was the city itself which used to buy all food supplies for the use of the citizens. The documents recently published by Mr. Gross are quite positive on this point and fully support his conclusion to the effect that the cargoes of subsistences "were purchased by certain civic officials in the name of the town, and then distributed in shares among the merchant burgesses, no one being allowed to buy wares landed in the port unless the municipal authorities refused to purchase them. This seem--she adds--to have been quite a common practice in England, Ireland, Wales and Scotland."(49) Even in the sixteenth century we find that common purchases of corn were made for the "comoditie and profitt in all things of this.... Citie and Chamber of London, and of all the Citizens and Inhabitants of the same as moche as in us lieth"--as the Mayor wrote in 1565.(50) In Venice, the whole of the trade in corn is well known to have been in the hands of the city; the "quarters," on receiving the cereals from the board which administrated the imports, being bound to send to every citizen's house the quantity allotted to him.(51) In France, the city of Amiens used to purchase salt and to distribute it to all citizens at cost price;(52) and even now one sees in many French towns the halles which formerly were municipal depots for corn and salt.(53) In Russia it was a regular custom in Novgorod and Pskov.
The whole matter relative to the communal purchases for the use of the citizens, and the manner in which they used to be made, seems not to have yet received proper attention from the historians of the period; but there are here and there some very interesting facts which throw a new light upon it. Thus there is, among Mr. Gross's documents, a Kilkenny ordinance of the year 1367, from which we learn how the prices of the goods were established. "The merchants and the sailors," Mr. Gross writes, "were to state on oath the first cost of the goods and the expenses of transportation. Then the mayor of the town and two discreet men were to name the price at which the wares were to be sold." The same rule held good in Thurso for merchandise coming "by sea or land." This way of "naming the price" so well answers to the very conceptions of trade which were current in medieval times that it must have been all but universal. To have the price established by a third person was a very old custom; and for all interchange within the city it certainly was a widely-spread habit to leave the establishment of prices to "discreet men"-- to a third party--and not to the vendor or the buyer. But this order of things takes us still further back in the history of trade--namely, to a time when trade in staple produce was carried on by the whole city, and the merchants were only the commissioners, the trustees, of the city for selling the goods which it exported. A Waterford ordinance, published also by Mr. Gross, says "that all manere of marchandis what so ever kynde thei be of... shal be bought by the Maire and balives which bene commene biers [common buyers, for the town] for the time being, and to distribute the same on freemen of the citie (the propre goods of free citisains and inhabitants only excepted)." This ordinance can Hardly be explained otherwise than by admitting that all the exterior trade of the town was carried on by its agents. Moreover, we have direct evidence of such having been the case for Novgorod and Pskov. It was the Sovereign Novgorod and the Sovereign Pskov who sent their caravans of merchants to distant lands.
We know also that in nearly all medieval cities of Middle and Western Europe, the craft guilds used to buy, as a body, all necessary raw produce, and to sell the produce of their work through their officials, and it is hardly possible that the same should not have been done for exterior trade--the more so as it is well known that up to the thirteenth century, not only all merchants of a given city were considered abroad as responsible in a body for debts contracted by any one of them, but the whole city as well was responsible for the debts of each one of its merchants. Only in the twelfth and thirteenth century the towns on the Rhine entered into special treaties abolishing this responsibility.(54) And finally we have the remarkable Ipswich document published by Mr. Gross, from which document we learn that the merchant guild of this town was constituted by all who had the freedom of the city, and who wished to pay their contribution ("their hanse") to the guild, the whole community discussing all together how better to maintain the merchant guild, and giving it certain privileges. The merchant guild of Ipswich thus appears rather as a body of trustees of the town than as a common private guild.
In short, the more we begin to know the mediaeval city the more we see that it was not simply a political organization for the protection of certain political liberties. It was an attempt at organizing, on a much grander scale than in a village community, a close union for mutual aid and support, for consumption and production, and for social life altogether, without imposing upon men the fetters of the State, but giving full liberty of expression to the creative genius of each separate group of individuals in art, crafts, science, commerce, and political organization. How far this attempt has been successful will be best seen when we have analyzed in the next chapter the organization of labour in the medieval city and the relations of the cities with the surrounding peasant population.
NOTES:
1. W. Arnold, in his Wanderungen und Ansiedelungen der deutschen Stamme, p. 431, even maintains that one-half of the now arable area in middle Germany must have been reclaimed from the sixth to the ninth century. Nitzsch (Geschichte des deutschen Volkes, Leipzig, 1883, vol. i.) shares the same opinion.
2. Leo and Botta, Histoire d'Italie, French edition, 1844, t. i., p. 37.
3. The composition for the stealing of a simple knife was 15 solidii and of the iron parts of a mill, 45 solidii (See on this subject Lamprecht's Wirthschaft und Recht der Franken in Raumer's Historisches Taschenbuch, 1883, p. 52.) According to the Riparian law, the sword, the spear, and the iron armour of a warrior attained the value of at least twenty-five cows, or two years of a freeman's labour. A cuirass alone was valued in the Salic law (Desmichels, quoted by Michelet) at as much as thirty-six bushels of wheat.
4. The chief wealth of the chieftains, for a long time, was in their personal domains peopled partly with prisoner slaves, but chiefly in the above way. On the origin of property see Inama Sternegg's Die Ausbildung der grossen Grundherrschaften in Deutschland, in Schmoller's Forschungen, Bd. I., 1878; F. Dahn's Urgeschichte der germanischen und romanischen Volker, Berlin, 1881; Maurer's Dorfverfassung; Guizot's Essais sur l'histoire de France; Maine's Village Community; Botta's Histoire d'Italie; Seebohm, Vinogradov, J. R. Green, etc.
5. See Sir Henry Maine's International Law, London, 1888.
6. Ancient Laws of Ireland, Introduction; E. Nys, Etudes de droit international, t. i., 1896, pp. 86 seq. Among the Ossetes the arbiters from three oldest villages enjoy a special reputation (M. Kovalevsky's Modern Custom and Old Law, Moscow, 1886, ii. 217, Russian).
7. It is permissible to think that this conception (related to the conception of tanistry) played an important part in the life of the period; but research has not yet been directed that way.
1. It was distinctly stated in the charter of St. Quentin of the year 1002 that the ransom for houses which had to be demolished for crimes went for the city walls. The same destination was given to the Ungeld in German cities. At Pskov the cathedral was the bank for the fines, and from this fund money was taken for the wails.
2. Sohm, Frankische Rechtsund Gerichtsverfassung, p. 23; also Nitzsch, Geschechte des deutschen Volkes, i. 78.
10. See the excellent remarks on this subject in Augustin Thierry's Lettres sur l'histoire de France. 7th Letter. The barbarian translations of parts of the Bible are extremely instructive on this point.
11. Thirty-six times more than a noble, according to the Anglo-Saxon law. In the code of Rothari the slaying of a king is, however, punished by death; but (apart from Roman influence) this new disposition was introduced (in 646) in the Lombardian law-- as remarked by Leo and Botta--to cover the king from blood revenge. The king being at that time the executioner of his own sentences (as the tribe formerly was of its own sentences), he had to be protected by a special disposition, the more so as several Lombardian kings before Rothari had been slain in succession (Leo and Botta, l.c., i. 66-90).
12. Kaufmann, Deutsche Geschichte, Bd. I. "Die Germanen der Urzeit," p. 133.
13. Dr. F. Dahn, Urgeschichte der germanischen und romanischen Volker, Berlin, 1881, Bd. I. 96.
14. If I thus follow the views long since advocated by Maurer (Geschichte der Stadteverfassung in Deutschland, Erlangen, 1869), it is because he has fully proved the uninterrupted evolution from the village community to the mediaeval city, and that his views alone can explain the universality of the communal movement. Savigny and Eichhorn and their followers have certainly proved that the traditions of the Roman municipia had never totally disappeared. But they took no account of the village community period which the barbarians lived through before they had any cities. The fact is, that whenever mankind made a new start in civilization, in Greece, Rome, or middle Europe, it passed through the same stages--the tribe, the village community, the free city, the state--each one naturally evolving out of the preceding stage. Of course, the experience of each preceding civilization was never lost. Greece (itself influenced by Eastern civilizations) influenced Rome, and Rome influenced our civilization; but each of them begin from the same beginning--the tribe. And just as we cannot say that our states are continuations of the Roman state, so also can we not say that the mediaeval cities of Europe (including Scandinavia and Russia) were a continuation of the Roman cities. They were a continuation of the barbarian village community, influenced to a certain extent by the traditions of the Roman towns.
15. M. Kovalevsky, Modern Customs and Ancient Laws of Russia (Ilchester Lectures, London, 1891, Lecture 4).
16. A considerable amount of research had to be done before this character of the so-called udyelnyi period was properly established by the works of Byelaeff (Tales from Russian History), Kostomaroff (The Beginnings of Autocracy in Russia), and especially Professor Sergievich (The Vyeche and the Prince). The English reader may find some information about this period in the just-named work of M. Kovalevsky, in Rambaud's History of Russia, and, in a short summary, in the article "Russia" of the last edition of Chambers's Encyclopaedia.
17. Ferrari, Histoire des revolutions d'Italie, i. 257; Kallsen, Die deutschen Stadte im Mittelalter, Bd. I. (Halle, 1891).
18. See the excellent remarks of Mr. G.L. Gomme as regards the folkmote of London (The Literature of Local Institutions, London, 1886, p. 76). It must, however, be remarked that in royal cities the folkmote never attained the independence which it assumed elsewhere. It is even certain that Moscow and Paris were chosen by the kings and the Church as the cradles of the future royal authority in the State, because they did not possess the tradition of folkmotes accustomed to act as sovereign in all matters.
19. A. Luchaire, Les Communes francaises; also Kluckohn, Geschichte des Gottesfrieden, 1857. L. Semichon (La paix et la treve de Dieu, 2 vols., Paris, 1869) has tried to represent the communal movement as issued from that institution. In reality, the treuga Dei, like the league started under Louis le Gros for the defence against both the robberies of the nobles and the Norman invasions, was a thoroughly popular movement. The only historian who mentions this last league--that is, Vitalis-- describes it as a "popular community" ("Considerations sur l'histoire de France," in vol. iv. of Aug. Thierry's OEuvres, Paris, 1868, p. 191 and note).
20. Ferrari, i. 152, 263, etc.
21. Perrens, Histoire de Florence, i. 188; Ferrari, l.c., i. 283.
22. Aug. Thierry, Essai sur l'histoire du Tiers Etat, Paris, 1875, p. 414, note.
23. F. Rocquain, "La Renaissance au XIIe siecle," in Etudes sur l'histoire de France, Paris, 1875, pp. 55-117.
24. N. Kostomaroff, "The Rationalists of the Twelfth Century," in his Monographies and Researches (Russian).
25. Very interesting facts relative to the universality of guilds will be found in "Two Thousand Years of Guild Life," by Rev. J. M. Lambert, Hull, 1891. On the Georgian amkari, see S. Eghiazarov, Gorodskiye Tsekhi ("Organization of Transcaucasian Amkari"), in Memoirs of the Caucasian Geographical Society, xiv. 2, 1891.
26. J.D. Wunderer's "Reisebericht" in Fichard's Frankfurter Archiv, ii. 245; quoted by Janssen, Geschichte des deutschen Volkes, i. 355.
27. Dr. Leonard Ennen, Der Dom zu Koln, Historische Einleitung, Koln, 1871, pp. 46, 50.
28. See previous chapter.
29. Kofod Ancher, Om gamle Danske Gilder og deres Undergang, Copenhagen, 1785. Statutes of a Knu guild.
30. Upon the position of women in guilds, see Miss Toulmin Smith's introductory remarks to the English Guilds of her father. One of the Cambridge statutes (p. 281) of the year 1503 is quite positive in the following sentence: "Thys statute is made by the comyne assent of all the bretherne and sisterne of alhallowe yelde."
31. In medieval times, only secret aggression was treated as a murder. Blood-revenge in broad daylight was justice; and slaying in a quarrel was not murder, once the aggressor showed his willingness to repent and to repair the wrong he had done. Deep traces of this distinction still exist in modern criminal law, especially in Russia.
32. Kofod Ancher, l.c. This old booklet contains much that has been lost sight of by later explorers.
33. They played an important part in the revolts of the serfs, and were therefore prohibited several times in succession in the second half of the ninth century. Of course, the king's prohibitions remained a dead letter.
34. The medieval Italian painters were also organized in guilds, which became at a later epoch Academies of art. If the Italian art of those times is impressed with so much individuality that we distinguish, even now, between the different schools of Padua, Bassano, Treviso, Verona, and so on, although all these cities were under the sway of Venice, this was due--J. Paul Richter remarks--to the fact that the painters of each city belonged to a separate guild, friendly with the guilds of other towns, but leading a separate existence. The oldest guild-statute known is that of Verona, dating from 1303, but evidently copied from some much older statute. "Fraternal assistance in necessity of whatever kind," "hospitality towards strangers, when passing through the town, as thus information may be obtained about matters which one may like to learn," and "obligation of offering comfort in case of debility" are among the obligations of the members (Nineteenth Century, Nov. 1890, and Aug. 1892).
35. The chief works on the artels are named in the article "Russia" of the Encyclopaedia Britannica, 9th edition, p. 84.
36. See, for instance, the texts of the Cambridge guilds given by Toulmin Smith (English Guilds, London, 1870, pp. 274-276), from which it appears that the "generall and principall day" was the "eleccioun day;" or, Ch. M. Clode's The Early History of the Guild of the Merchant Taylors, London, 1888, i. 45; and so on. For the renewal of allegiance, see the Jomsviking saga, mentioned in Pappenheim's Altdanische Schutzgilden, Breslau, 1885, p. 67. It appears very probable that when the guilds began to be prosecuted, many of them inscribed in their statutes the meal day only, or their pious duties, and only alluded to the judicial function of the guild in vague words; but this function did not disappear till a very much later time. The question, "Who will be my judge?" has no meaning now, since the State has appropriated for its bureaucracy the organization of justice; but it was of primordial importance in medieval times, the more so as self-jurisdiction meant self-administration. It must also be remarked that the translation of the Saxon and Danish "guild-bretheren," or "brodre," by the Latin convivii must also have contributed to the above confusion.
37. See the excellent remarks upon the frith guild by J.R. Green and Mrs. Green in The Conquest of England, London, 1883, pp. 229-230.
38. None
39. Recueil des ordonnances des rois de France, t. xii. 562; quoted by Aug. Thierry in Considerations sur l'histoire de France, p. 196, ed. 12mo.
40. A. Luchaire, Les Communes francaises, pp, 45-46.
41. Guilbert de Nogent, De vita sua, quoted by Luchaire, l.c., p. 14.
42. Lebret, Histoire de Venise, i. 393; also Marin, quoted by Leo and Botta in Histoire de l'Italie, French edition, 1844, t. i 500.
43. Dr. W. Arnold, Verfassungsgeschichte der deutschen Freistadte, 1854, Bd. ii. 227 seq.; Ennen, Geschichte der Stadt Koeln, Bd. i. 228-229; also the documents published by Ennen and Eckert.
44. Conquest of England, 1883, p. 453.
45. Byelaeff, Russian History, vols. ii. and iii.
46. W. Gramich, Verfassungsund Verwaltungsgeschichte der Stadt Wurzburg im 13. bis zum 15. Jahrhundert, Wurzburg, 1882, p. 34.
47. When a boat brought a cargo of coal to Wurzburg, coal could only be sold in retail during the first eight days, each family being entitled to no more than fifty basketfuls. The remaining cargo could be sold wholesale, but the retailer was allowed to raise a zittlicher profit only, the unzittlicher, or dishonest profit, being strictly forbidden (Gramich, l.c.). Same in London (Liber albus, quoted by Ochenkowski, p. 161), and, in fact, everywhere.
48. See Fagniez, Etudes sur l'industrie et la classe industrielle a Paris au XIIIme et XIVme siecle, Paris, 1877, pp. 155 seq. It hardly need be added that the tax on bread, and on beer as well, was settled after careful experiments as to the quantity of bread and beer which could be obtained from a given amount of corn. The Amiens archives contain the minutes of such experiences (A. de Calonne, l.c. pp. 77, 93). Also those of London (Ochenkowski, England's wirthschaftliche Entwickelung, etc., Jena, 1879, p. 165).
49. Ch. Gross, The Guild Merchant, Oxford, 1890, i. 135. His documents prove that this practice existed in Liverpool (ii. 148-150), Waterford in Ireland, Neath in Wales, and Linlithgow and Thurso in Scotland. Mr. Gross's texts also show that the purchases were made for distribution, not only among the merchant burgesses, but "upon all citsains and commynalte" (p. 136, note), or, as the Thurso ordinance of the seventeenth century runs, to "make offer to the merchants, craftsmen, and inhabitants of the said burgh, that they may have their proportion of the same, according to their necessitys and ability."
50. The Early History of the Guild of Merchant Taylors, by Charles M. Clode, London, 1888, i. 361, appendix 10; also the following appendix which shows that the same purchases were made in 1546.
51. Cibrario, Les conditions economiques de l'Italie au temps de Dante, Paris, 1865, p. 44.
52. A. de Calonne, La vie municipale au XVme siecle dans le Nord de la France, Paris, 1880, pp. 12-16. In 1485 the city permitted the export to Antwerp of a certain quantity of corn, "the inhabitants of Antwerp being always ready to be agreeable to the merchants and burgesses of Amiens" (ibid., pp. 75-77 and texts).
53. A. Babeau, La ville sous l'ancien regime, Paris, 1880.
54. Ennen, Geschichte der Stadt Koln, i. 491, 492, also texts.
MUTUAL AID IN THE MEDIAEVAL CITY (continued)
Likeness and diversity among the medieval cities. The craftguilds: State-attributes in each of them. Attitude of the city towards the peasants; attempts to free them. The lords. Results achieved by the medieval city: in arts, in learning. Causes of decay.
The medieval cities were not organized upon some preconceived plan in obedience to the will of an outside legislator. Each of them was a natural growth in the full sense of the word--an always varying result of struggle between various forces which adjusted and re-adjusted themselves in conformity with their relative energies, the chances of their conflicts, and the support they found in their surroundings. Therefore, there are not two cities whose inner organization and destinies would have been identical. Each one, taken separately, varies from century to century. And yet, when we cast a broad glance upon all the cities of Europe, the local and national unlikenesses disappear, and we are struck to find among all of them a wonderful resemblance, although each has developed for itself, independently from the others, and in different conditions. A small town in the north of Scotland, with its population of coarse labourers and fishermen; a rich city of Flanders, with its world-wide commerce, luxury, love of amusement and animated life; an Italian city enriched by its intercourse with the East, and breeding within its walls a refined artistic taste and civilization; and a poor, chiefly agricultural, city in the marsh and lake district of Russia, seem to have little in common. And nevertheless, the leading lines of their organization, and the spirit which animates them, are imbued with a strong family likeness. Everywhere we see the same federations of small communities and guilds, the same "sub-towns" round the mother city, the same folkmote, and the same insigns of its independence. The defensor of the city, under different names and in different accoutrements, represents the same authority and interests; food supplies, labour and commerce, are organized on closely similar lines; inner and outer struggles are fought with like ambitions; nay, the very formulae used in the struggles, as also in the annals, the ordinances, and the rolls, are identical; and the architectural monuments, whether Gothic, Roman, or Byzantine in style, express the same aspirations and the same ideals; they are conceived and built in the same way. Many dissemblances are mere differences of age, and those disparities between sister cities which are real are repeated in different parts of Europe. The unity of the leading idea and the identity of origin make up for differences of climate, geographical situation, wealth, language and religion. This is why we can speak of the medieval city as of a well-defined phase of civilization; and while every research insisting upon local and individual differences is most welcome, we may still indicate the chief lines of development which are common to all cities.(1)
There is no doubt that the protection which used to be accorded to the market-place from the earliest barbarian times has played an important, though not an exclusive, part in the emancipation of the medieval city. The early barbarians knew no trade within their village communities; they traded with strangers only, at certain definite spots, on certain determined days. And, in order that the stranger might come to the barter-place without risk of being slain for some feud which might be running between two kins, the market was always placed under the special protection of all kins. It was inviolable, like the place of worship under the shadow of which it was held. With the Kabyles it is still annaya, like the footpath along which women carry water from the well; neither must be trodden upon in arms, even during inter-tribal wars. In medieval times the market universally enjoyed the same protection.(2) No feud could be prosecuted on the place whereto people came to trade, nor within a certain radius from it; and if a quarrel arose in the motley crowd of buyers and sellers, it had to be brought before those under whose protection the market stood--the community's tribunal, or the bishop's, the lord's, or the king's judge. A stranger who came to trade was a guest, and he went on under this very name. Even the lord who had no scruples about robbing a merchant on the high road, respected the Weichbild, that is, the pole which stood in the market-place and bore either the king's arms, or a glove, or the image of the local saint, or simply a cross, according to whether the market was under the protection of the king, the lord, the local church, or the folkmote--the vyeche.(3)
It is easy to understand how the self-jurisdiction of the city could develop out of the special jurisdiction in the market-place, when this last right was conceded, willingly or not, to the city itself. And such an origin of the city's liberties, which can be traced in very many cases, necessarily laid a special stamp upon their subsequent development. It gave a predominance to the trading part of the community. The burghers who possessed a house in the city at the time being, and were co-owners in the town-lands, constituted very often a merchant guild which held in its hands the city's trade; and although at the outset every burgher, rich and poor, could make part of the merchant guild, and the trade itself seems to have been carried on for the entire city by its trustees, the guild gradually became a sort of privileged body. It jealously prevented the outsiders who soon began to flock into the free cities from entering the guild, and kept the advantages resulting from trade for the few "families" which had been burghers at the time of the emancipation. There evidently was a danger of a merchant oligarchy being thus constituted. But already in the tenth, and still more during the two next centuries, the chief crafts, also organized in guilds, were powerful enough to check the oligarchic tendencies of the merchants.
The craft guild was then a common seller of its produce and a common buyer of the raw materials, and its members were merchants and manual workers at the same time. Therefore, the predominance taken by the old craft guilds from the very beginnings of the free city life guaranteed to manual labour the high position which it afterwards occupied in the city.(4) In fact, in a medieval city manual labour was no token of inferiority; it bore, on the contrary, traces of the high respect it had been kept in in the village community. Manual labour in a "mystery" was considered as a pious duty towards the citizens: a public function (Amt), as honourable as any other. An idea of "justice" to the community, of "right" towards both producer and consumer, which would seem so extravagant now, penetrated production and exchange. The tanner's, the cooper's, or the shoemaker's work must be "just," fair, they wrote in those times. Wood, leather or thread which are used by the artisan must be "right"; bread must be baked "in justice," and so on. Transport this language into our present life, and it would seem affected and unnatural; but it was natural and unaffected then, because the medieval artisan did not produce for an unknown buyer, or to throw his goods into an unknown market. He produced for his guild first; for a brotherhood of men who knew each other, knew the technics of the craft, and, in naming the price of each product, could appreciate the skill displayed in its fabrication or the labour bestowed upon it. Then the guild, not the separate producer, offered the goods for sale in the community, and this last, in its turn, offered to the brotherhood of allied communities those goods which were exported, and assumed responsibility for their quality. With such an organization, it was the ambition of each craft not to offer goods of inferior quality, and technical defects or adulterations became a matter concerning the whole community, because, an ordinance says, "they would destroy public confidence."(5) Production being thus a social duty, placed under the control of the whole amitas, manual labour could not fall into the degraded condition which it occupies now, so long as the free city was living.
A difference between master and apprentice, or between master and worker (compayne, Geselle), existed but in the medieval cities from their very beginnings; this was at the outset a mere difference of age and skill, not of wealth and power. After a seven years' apprenticeship, and after having proved his knowledge and capacities by a work of art, the apprentice became a master himself. And only much later, in the sixteenth century, after the royal power had destroy ed the city and the craft organization, was it possible to become master in virtue of simple inheritance or wealth. But this was also the time of a general decay in medieval industries and art.
There was not much room for hired work in the early flourishing periods of the medieval cities, still less for individual hirelings. The work of the weavers, the archers, the smiths, the bakers, and so on, was performed for the craft and the city; and when craftsmen were hired in the building trades, they worked as temporary corporations (as they still do in the Russian artels), whose work was paid en bloc. Work for a master began to multiply only later on; but even in this case the worker was paid better than he is paid now, even in this country, and very much better than he used to be paid all over Europe in the first half of this century. Thorold Rogers has familiarized English readers with this idea; but the same is true for the Continent as well, as is shown by the researches of Falke and Schonberg, and by many occasional indications. Even in the fifteenth century a mason, a carpenter, or a smith worker would be paid at Amiens four sols a day, which corresponded to forty-eight pounds of bread, or to the eighth part of a small ox (bouvard). In Saxony, the salary of the Geselle in the building trade was such that, to put it in Falke's words, he could buy with his six days' wages three sheep and one pair of shoes.(6) The donations of workers (Geselle) to cathedrals also bear testimony of their relative well-being, to say nothing of the glorious donations of certain craft guilds nor of what they used to spend in festivities and pageants.(7) In fact, the more we learn about the medieval city, the more we are convinced that at no time has labour enjoyed such conditions of prosperity and such respect as when city life stood at its highest.
More than that; not only many aspirations of our modern radicals were already realized in the middle ages, but much of what is described now as Utopian was accepted then as a matter of fact. We are laughed at when we say that work must be pleasant, but--"every one must be pleased with his work," a medieval Kuttenberg ordinance says, "and no one shall, while doing nothing (mit nichts thun), appropriate for himself what others have produced by application and work, because laws must be a shield for application and work."(8) And amidst all present talk about an eight hours' day, it may be well to remember an ordinance of Ferdinand the First relative to the Imperial coal mines, which settled the miner's day at eight hours, "as it used to be of old" (wie vor Alters herkommen), and work on Saturday afternoon was prohibited. Longer hours were very rare, we are told by Janssen, while shorter hours were of common occurrence. In this country, in the fifteenth century, Rogers says, "the workmen worked only forty-eight hours a week."(9) The Saturday half-holiday, too, which we consider as a modern conquest, was in reality an old medieval institution; it was bathing-time for a great part of the community, while Wednesday afternoon was bathing-time for the Geselle.(10) And although school meals did not exist--probably because no children went hungry to school--a distribution of bath-money to the children whose parents found difficulty in providing it was habitual in several places As to Labour Congresses, they also were a regular Feature of the middles ages. In some parts of Germany craftsmen of the same trade, belonging to different communes, used to come together every year to discuss questions relative to their trade, the years of apprenticeship, the wandering years, the wages, and so on; and in 1572, the Hanseatic towns formally recognized the right of the crafts to come together at periodical congresses, and to take any resolutions, so long as they were not contrary to the cities' rolls, relative to the quality of goods. Such Labour Congresses, partly international like the Hansa itself, are known to have been held by bakers, founders, smiths, tanners, sword-makers and cask-makers.(11)
The craft organization required, of course, a close supervision of the craftsmen by the guild, and special jurates were always nominated for that purpose. But it is most remarkable that, so long as the cities lived their free life, no complaints were heard about the supervision; while, after the State had stepped in, confiscating the property of the guilds and destroying their independence in favour of its own bureaucracy, the complaints became simply countless.(12) On the other hand, the immensity of progress realized in all arts under the mediaeval guild system is the best proof that the system was no hindrance to individual initiative.(13) The fact is, that the medieval guild, like the medieval parish, "street," or "quarter," was not a body of citizens, placed under the control of State functionaries; it was a union of all men connected with a given trade: jurate buyers of raw produce, sellers of manufactured goods, and artisans--masters, "compaynes," and apprentices. For the inner organization of the trade its assembly was sovereign, so long as it did not hamper the other guilds, in which case the matter was brought before the guild of the guilds--the city. But there was in it something more than that. It had its own self-jurisdiction, its own military force, its own general assemblies, its own traditions of struggles, glory, and independence, its own relations with other guilds of the same trade in other cities: it had, in a word, a full organic life which could only result from the integrality of the vital functions. When the town was called to arms, the guild appeared as a separate company (Schaar), armed with its own arms (or its own guns, lovingly decorated by the guild, at a subsequent epoch), under its own self-elected commanders. It was, in a word, as independent a unit of the federation as the republic of Uri or Geneva was fifty years ago in the Swiss Confederation. So that, to compare it with a modern trade union, divested of all attributes of State sovereignty, and reduced to a couple of functions of secondary importance, is as unreasonable as to compare Florence or Brugge with a French commune vegetating under the Code Napoleon, or with a Russian town placed under Catherine the Second's municipal law. Both have elected mayors, and the latter has also its craft corporations; but the difference is-- all the difference that exists between Florence and Fontenay-les-Oies or Tsarevokokshaisk, or between a Venetian doge and a modern mayor who lifts his hat before the sous-prefet's clerk.
The medieval guilds were capable of maintaining their independence; and, later on, especially in the fourteenth century, when, in consequence of several causes which shall presently be indicated, the old municipal life underwent a deep modification, the younger crafts proved strong enough to conquer their due share in the management of the city affairs. The masses, organized in "minor" arts, rose to wrest the power out of the hands of a growing oligarchy, and mostly succeeded in this task, opening again a new era of prosperity. True, that in some cities the uprising was crushed in blood, and mass decapitations of workers followed, as was the case in Paris in 1306, and in Cologne in 1371. In such cases the city's liberties rapidly fell into decay, and the city was gradually subdued by the central authority. But the majority of the towns had preserved enough of vitality to come out of the turmoil with a new life and vigour.(14) A new period of rejuvenescence was their reward. New life was infused, and it found its expression in splendid architectural monuments, in a new period of prosperity, in a sudden progress of technics and invention, and in a new intellectual movement leading to the Renaissance and to the Reformation.
The life of a mediaeval city was a succession of hard battles to conquer liberty and to maintain it. True, that a strong and tenacious race of burghers had developed during those fierce contests; true, that love and worship of the mother city had been bred by these struggles, and that the grand things achieved by the mediaeval communes were a direct outcome of that love. But the sacrifices which the communes had to sustain in the battle for freedom were, nevertheless, cruel, and left deep traces of division on their inner life as well. Very few cities had succeeded, under a concurrence of favourable circumstances, in obtaining liberty at one stroke, and these few mostly lost it equally easily; while the great number had to fight fifty or a hundred years in succession, often more, before their rights to free life had been recognized, and another hundred years to found their liberty on a firm basis--the twelfth century charters thus being but one of the stepping-stones to freedom.(15) In reality, the mediaeval city was a fortified oasis amidst a country plunged into feudal submission, and it had to make room for itself by the force of its arms. In consequence of the causes briefly alluded to in the preceding chapter, each village community had gradually fallen under the yoke of some lay or clerical lord. His house had grown to be a castle, and his brothers-in-arms were now the scum of adventurers, always ready to plunder the peasants. In addition to three days a week which the peasants had to work for the lord, they had also to bear all sorts of exactions for the right to sow and to crop, to be gay or sad, to live, to marry, or to die. And, worst of all, they were continually plundered by the armed robbers of some neighbouring lord, who chose to consider them as their master's kin, and to take upon them, and upon their cattle and crops, the revenge for a feud he was fighting against their owner. Every meadow, every field, every river, and road around the city, and every man upon the land was under some lord.
The hatred of the burghers towards the feudal barons has found a most characteristic expression in the wording of the different charters which they compelled them to sign. Heinrich V. is made to sign in the charter granted to Speier in 1111, that he frees the burghers from "the horrible and execrable law of mortmain, through which the town has been sunk into deepest poverty" (von dem scheusslichen und nichtswurdigen Gesetze, welches gemein Budel genannt wird, Kallsen, i. 307). The coutume of Bayonne, written about 1273, contains such passages as these: "The people is anterior to the lords. It is the people, more numerous than all others, who, desirous of peace, has made the lords for bridling and knocking down the powerful ones, "and so on (Giry, Etablissements de Rouen, i. 117, Quoted by Luchaire, p. 24). A charter submitted for King Robert's signature is equally characteristic. He is made to say in it: "I shall rob no oxen nor other animals. I shall seize no merchants, nor take their moneys, nor impose ransom. From Lady Day to the All Saints' Day I shall seize no horse, nor mare, nor foals, in the meadows. I shall not burn the mills, nor rob the flour... I shall offer no protection to thieves," etc. (Pfister has published that document, reproduced by Luchaire). The charter "granted" by the Besancon Archbishop Hugues, in which he has been compelled to enumerate all the mischiefs due to his mortmain rights, is equally characteristic.(16) And so on.
Freedom could not be maintained in such surroundings, and the cities were compelled to carry on the war outside their walls. The burghers sent out emissaries to lead revolt in the villages; they received villages into their corporations, and they waged direct war against the nobles. It Italy, where the land was thickly sprinkled with feudal castles, the war assumed heroic proportions, and was fought with a stern acrimony on both sides. Florence sustained for seventy-seven years a succession of bloody wars, in order to free its contado from the nobles; but when the conquest had been accomplished (in 1181) all had to begin anew. The nobles rallied; they constituted their own leagues in opposition to the leagues of the towns, and, receiving fresh support from either the Emperor or the Pope, they made the war last for another 130 years. The same took place in Rome, in Lombardy, all over Italy.
Prodigies of valour, audacity, and tenaciousness were displayed by the citizens in these wars. But the bows and the hatchets of the arts and crafts had not always the upper hand in their encounters with the armour-clad knights, and many castles withstood the ingenious siege-machinery and the perseverance of the citizens. Some cities, like Florence, Bologna, and many towns in France, Germany, and Bohemia, succeeded in emancipating the surrounding villages, and they were rewarded for their efforts by an extraordinary prosperity and tranquillity. But even here, and still more in the less strong or less impulsive towns, the merchants and artisans, exhausted by war, and misunderstanding their own interests, bargained over the peasants' heads. They compelled the lord to swear allegiance to the city; his country castle was dismantled, and he agreed to build a house and to reside in the city, of which he became a co-burgher (com-bourgeois, con-cittadino); but he maintained in return most of his rights upon the peasants, who only won a partial relief from their burdens. The burgher could not understand that equal rights of citizenship might be granted to the peasant upon whose food supplies he had to rely, and a deep rent was traced between town and village. In some cases the peasants simply changed owners, the city buying out the barons' rights and selling them in shares to her own citizens.(17) Serfdom was maintained, and only much later on, towards the end of the thirteenth century, it was the craft revolution which undertook to put an end to it, and abolished personal servitude, but dispossessed at the same time the serfs of the land.(18) It hardly need be added that the fatal results of such policy were soon felt by the cities themselves; the country became the city's enemy.
The war against the castles had another bad effect. It involved the cities in a long succession of mutual wars, which have given origin to the theory, till lately in vogue, namely, that the towns lost their independence through their own jealousies and mutual fights. The imperialist historians have especially supported this theory, which, however, is very much undermined now by modern research. It is certain that in Italy cities fought each other with a stubborn animosity, but nowhere else did such contests attain the same proportions; and in Italy itself the city wars, especially those of the earlier period, had their special causes. They were (as was already shown by Sismondi and Ferrari) a mere continuation of the war against the castles-- the free municipal and federative principle unavoidably entering into a fierce contest with feudalism, imperialism, and papacy. Many towns which had but partially shaken off the yoke of the bishop, the lord, or the Emperor, were simply driven against the free cities by the nobles, the Emperor, and Church, whose policy was to divide the cities and to arm them against each other. These special circumstances (partly reflected on to Germany also) explain why the Italian towns, some of which Sollght support with the Emperor to combat the Pope, while the others sought support from the Church to resist the Emperor, were soon divided into a Gibelin and a Guelf camp, and why the same division appeared in each separate city.(19)
The immense economical progress realized by most italian cities just at the time when these wars were hottest,(20) and the alliances so easily concluded between towns, still better characterize those struggles and further undermine the above theory. Already in the years 1130-1150 powerful leagues came into existence; and a few years later, when Frederick Barbarossa invaded Italy and, supported by the nobles and some retardatory cities, marched against Milan, popular enthusiasm was roused in many towns by popular preachers. Crema, Piacenza, Brescia, Tortona, etc., went to the rescue; the banners of the guilds of Verona, Padua, Vicenza, and Trevisa floated side by side in the cities' camp against the banners of the Emperor and the nobles. Next year the Lombardian League came into existence, and sixty years later we see it reinforced by many other cities, and forming a lasting organization which had half of its federal war-chest in Genoa and the other half in Venice.(21) In Tuscany, Florence headed another powerful league, to which Lucca, Bologna, Pistoia, etc., belonged, and which played an important part in crushing down the nobles in middle Italy, while smaller leagues were of common occurrence. It is thus certain that although petty jealousies undoubtedly existed, and discord could be easily sown, they did not prevent the towns from uniting together for the common defence of liberty. Only later on, when separate cities became little States, wars broke out between them, as always must be the case when States struggle for supremacy or colonies.
Similar leagues were formed in Germany for the same purpose. When, under the successors of Conrad, the land was the prey of interminable feuds between the nobles, the Westphalian towns concluded a league against the knights, one of the clauses of which was never to lend money to a knight who would continue to conceal stolen goods.(22) When "the knights and the nobles lived on plunder, and murdered whom they chose to murder," as the Wormser Zorn complains, the cities on the Rhine (Mainz, Cologne, Speier, Strasburg, and Basel) took the initiative of a league which soon numbered sixty allied towns, repressed the robbers, and maintained peace. Later on, the league of the towns of Suabia, divided into three "peace districts" (Augsburg, Constance, and Ulm), had the same purpose. And even when such leagues were broken,(23) they lived long enough to show that while the supposed peacemakers--the kings, the emperors, and the Church-fomented discord, and were themselves helpless against the robber knights, it was from the cities that the impulse came for re-establishing peace and union. The cities--not the emperors--were the real makers of the national unity.(24)
Similar federations were organized for the same purpose among small villages, and now that attention has been drawn to this subject by Luchaire we may expect soon to learn much more about them. Villages joined into small federations in the contado of Florence, so also in the dependencies of Novgorod and Pskov. As to France, there is positive evidence of a federation of seventeen peasant villages which has existed in the Laonnais for nearly a hundred years (till 1256), and has fought hard for its independence. Three more peasant republics, which had sworn charters similar to those of Laon and Soissons, existed in the neighbourhood of Laon, and, their territories being contiguous, they supported each other in their liberation wars. Altogether, Luchaire is of the opinion that many such federations must have come into existence in France in the twelfth and thirteenth centuries, but that documents relative to them are mostly lost. Of course, being unprotected by walls, they could easily be crushed down by the kings and the lords; but in certain favourable circumstances, when they found support in a league of towns and protection in their mountains, such peasant republics became independent units of the Swiss Confederation.(25)
As to unions between cities for peaceful purposes, they were of quite common occurrence. The intercourse which had been established during the period of liberation was not interrupted afterwards. Sometimes, when the scabini of a German town, having to pronounce judgment in a new or complicated case, declared that they knew not the sentence (des Urtheiles nicht weise zu sein), they sent delegates to another city to get the sentence. The same happened also in France;(26) while Forli and Ravenna are known to have mutually naturalized their citizens and granted them full rights in both cities. To submit a contest arisen between two towns, or within a city, to another commune which was invited to act as arbiter, was also in the spirit of the times.(27) As to commercial treaties between cities, they were quite habitual.(28) Unions for regulating the production and the sizes of casks which were used for the commerce in wine, "herring unions," and so on, were mere precursors of the great commercial federations of the Flemish Hansa, and, later on, of the great North German Hansa, the history of which alone might contribute pages and pages to illustrate the federation spirit which permeated men at that time. It hardly need be added, that through the Hanseatic unions the medieval cities have contributed more to the development of international intercourse, navigation, and maritime discovery than all the States of the first seventeen centuries of our era.
In a word, federations between small territorial units, as well as among men united by common pursuits within their respective guilds, and federations between cities and groups of cities constituted the very essence of life and thought during that period. The first five of the second decade of centuries of our era may thus be described as an immense attempt at securing mutual aid and support on a grand scale, by means of the principles of federation and association carried on through all manifestations of human life and to all possible degrees. This attempt was attended with success to a very great extent. It united men formerly divided; it secured them a very great deal of freedom, and it tenfolded their forces. At a time when particularism was bred by so many agencies, and the causes of discord and jealousy might have been so numerous, it is gratifying to see that cities scattered over a wide continent had so much in common, and were so ready to confederate for the prosecution of so many common aims. They succumbed in the long run before powerful enemies; not having understood the mutual-aid principle widely enough, they themselves committed fatal faults; but they did not perish through their own jealousies, and their errors were not a want of federation spirit among themselves.
The results of that new move which mankind made in the medieval city were immense. At the beginning of the eleventh century the towns of Europe were small clusters of miserable huts, adorned but with low clumsy churches, the builders of which hardly knew how to make an arch; the arts, mostly consisting of some weaving and forging, were in their infancy; learning was found in but a few monasteries. Three hundred and fifty years later, the very face of Europe had been changed. The land was dotted with rich cities, surrounded by immense thick walls which were embellished by towers and gates, each of them a work of art in itself. The cathedrals, conceived in a grand style and profusely decorated, lifted their bell-towers to the skies, displaying a purity of form and a boldness of imagination which we now vainly strive to attain. The crafts and arts had risen to a degree of perfection which we can hardly boast of having superseded in many directions, if the inventive skill of the worker and the superior finish of his work be appreciated higher than rapidity of fabrication. The navies of the free cities furrowed in all directions the Northern and the Southern Mediterranean; one effort more, and they would cross the oceans. Over large tracts of land well-being had taken the place of misery; learning had grown and spread. The methods of science had been elaborated; the basis of natural philosophy had been laid down; and the way had been paved for all the mechanical inventions of which our own times are so proud. Such were the magic changes accomplished in Europe in less than four hundred years. And the losses which Europe sustained through the loss of its free cities can only be understood when we compare the seventeenth century with the fourteenth or the thirteenth. The prosperity which formerly characterized Scotland, Germany, the plains of Italy, was gone. The roads had fallen into an abject state, the cities were depopulated, labour was brought into slavery, art had vanished, commerce itself was decaying.(29)
If the medieval cities had bequeathed to us no written documents to testify of their splendour, and left nothing behind but the monuments of building art which we see now all over Europe, from Scotland to Italy, and from Gerona in Spain to Breslau in Slavonian territory, we might yet conclude that the times of independent city life were times of the greatest development of human intellect during the Christian era down to the end of the eighteenth century. On looking, for instance, at a medieval picture representing Nuremberg with its scores of towers and lofty spires, each of which bore the stamp of free creative art, we can hardly conceive that three hundred years before the town was but a collection of miserable hovels. And our admiration grows when we go into the details of the architecture and decorations of each of the countless churches, bell-towers, gates, and communal houses which are scattered all over Europe as far east as Bohemia and the now dead towns of Polish Galicia. Not only Italy, that mother of art, but all Europe is full of such monuments. The very fact that of all arts architecture--a social art above all--had attained the highest development, is significant in itself. To be what it was, it must have originated from an eminently social life.
Medieval architecture attained its grandeur--not only because it was a natural development of handicraft; not only because each building, each architectural decoration, had been devised by men who knew through the experience of their own hands what artistic effects can be obtained from stone, iron, bronze, or even from simple logs and mortar; not only because, each monument was a result of collective experience, accumulated in each "mystery" or craft(30)--it was grand because it was born out of a grand idea. Like Greek art, it sprang out of a conception of brotherhood and unity fostered by the city. It had an audacity which could only be won by audacious struggles and victories; it had that expression of vigour, because vigour permeated all the life of the city. A cathedral or a communal house symbolized the grandeur of an organism of which every mason and stone-cutter was the builder, and a medieval building appears-- not as a solitary effort to which thousands of slaves would have contributed the share assigned them by one man's imagination; all the city contributed to it. The lofty bell-tower rose upon a structure, grand in itself, in which the life of the city was throbbing--not upon a meaningless scaffold like the Paris iron tower, not as a sham structure in stone intended to conceal the ugliness of an iron frame, as has been done in the Tower Bridge. Like the Acropolis of Athens, the cathedral of a medieval city was intended to glorify the grandeur of the victorious city, to symbolize the union of its crafts, to express the glory of each citizen in a city of his own creation. After having achieved its craft revolution, the city often began a new cathedral in order to express the new, wider, and broader union which had been called into life.
The means at hand for these grand undertakings were disproportionately small. Cologne Cathedral was begun with a yearly outlay of but 500 marks; a gift of 100 marks was inscribed as a grand donation;(31) and even when the work approached completion, and gifts poured in in proportion, the yearly outlay in money stood at about 5,000 marks, and never exceeded 14,000. The cathedral of Basel was built with equally small means. But each corporation contributed its part of stone, work, and decorative genius to their common monument. Each guild expressed in it its political conceptions, telling in stone or in bronze the history of the city, glorifying the principles of "Liberty, equality, and fraternity,"(32) praising the city's allies, and sending to eternal fire its enemies. And each guild bestowed its love upon the communal monument by richly decorating it with stained windows, paintings, "gates, worthy to be the gates of Paradise," as Michel Angelo said, or stone decorations of each minutest corner of the building.(33) Small cities, even small parishes,(34) vied with the big agglomerations in this work, and the cathedrals of Laon and St. Ouen hardly stand behind that of Rheims, or the Communal House of Bremen, or the folkmote's bell-tower of Breslau. "No works must be begun by the commune but such as are conceived in response to the grand heart of the commune, composed of the hearts of all citizens, united in one common will"--such were the words of the Council of Florence; and this spirit appears in all communal works of common utility, such as the canals, terraces, vineyards, and fruit gardens around Florence, or the irrigation canals which intersected the plains of Lombardy, or the port and aqueduct of Genoa, or, in fact, any works of the kind which were achieved by almost every city.(35)
All arts had progressed in the same way in the medieval cities, those of our own days mostly being but a continuation of what had grown at that time. The prosperity of the Flemish cities was based upon the fine woollen cloth they fabricated. Florence, at the beginning of the fourteenth century, before the black death, fabricated from 70,000 to 100,000 panni of woollen stuffs, which were valued at 1,200,000 golden florins.(36) The chiselling of precious metals, the art of casting, the fine forging of iron, were creations of the mediaeval "mysteries" which had succeeded in attaining in their own domains all that could be made by the hand, without the use of a powerful prime motor. By the hand and by invention, because, to use Whewell's words:
"Parchment and paper, printing and engraving, improved glass and steel, gunpowder, clocks, telescopes, the mariner's compass, the reformed calendar, the decimal notation; algebra, trigonometry, chemistry, counterpoint (an invention equivalent to a new creation of music); these are all possessions which we inherit from that which has so disparagingly been termed the Stationary Period" (History of Inductive Sciences, i. 252).
True that no new principle was illustrated by any of these discoveries, as Whewell said; but medieval science had done something more than the actual discovery of new principles. It had prepared the discovery of all the new principles which we know at the present time in mechanical sciences: it had accustomed the explorer to observe facts and to reason from them. It was inductive science, even though it had not yet fully grasped the importance and the powers of induction; and it laid the foundations of both mechanics and natural philosophy. Francis Bacon, Galileo, and Copernicus were the direct descendants of a Roger Bacon and a Michael Scot, as the steam engine was a direct product of the researches carried on in the Italian universities on the weight of the atmosphere, and of the mathematical and technical learning which characterized Nuremberg.
But why should one take trouble to insist upon the advance of science and art in the medieval city? Is it not enough to point to the cathedrals in the domain of skill, and to the Italian language and the poem of Dante in the domain of thought, to give at once the measure of what the medieval city created during the four centuries it lived?
The medieval cities have undoubtedly rendered an immense service to European civilization. They have prevented it from being drifted into the theocracies and despotical states of old; they have endowed it with the variety, the self-reliance, the force of initiative, and the immense intellectual and material energies it now possesses, which are the best pledge for its being able to resist any new invasion of the East. But why did these centres of civilization, which attempted to answer to deeply-seated needs of human nature, and were so full of life, not live further on? Why were they seized with senile debility in the sixteenth century? and, after having repulsed so many assaults from without, and only borrowed new vigour from their interior struggles, why did they finally succumb to both?
Various causes contributed to this effect, some of them having their roots in the remote past, while others originated in the mistakes committed by the cities themselves. Towards the end of the fifteenth century, mighty States, reconstructed on the old Roman pattern, were already coming into existence. In each country and each region some feudal lord, more cunning, more given to hoarding, and often less scrupulous than his neighbours, had succeeded in appropriating to himself richer personal domains, more peasants on his lands, more knights in his following, more treasures in his chest. He had chosen for his seat a group of happily-situated villages, not yet trained into free municipal life--Paris, Madrid, or Moscow--and with the labour of his serfs he had made of them royal fortified cities, whereto he attracted war companions by a free distribution of villages, and merchants by the protection he offered to trade. The germ of a future State, which began gradually to absorb other similar centres, was thus laid. Lawyers, versed in the study of Roman law, flocked into such centres; a tenacious and ambitious race of men issued from among the burgesses, who equally hated the naughtiness of the lords and what they called the lawlessness of the peasants. The very forms of the village community, unknown to their code, the very principles of federalism were repulsive to them as "barbarian" inheritances. Caesarism, supported by the fiction of popular consent and by the force of arms, was their ideal, and they worked hard for those who promised to realize it.(37)
The Christian Church, once a rebel against Roman law and now its ally, worked in the same direction. The attempt at constituting the theocratic Empire of Europe having proved a failure, the more intelligent and ambitious bishops now yielded support to those whom they reckoned upon for reconstituting the power of the Kings of Israel or of the Emperors of Constantinople. The Church bestowed upon the rising rulers her sanctity, she crowned them as God's representatives on earth, she brought to their service the learning and the statesmanship of her ministers, her blessings and maledictions, her riches, and the sympathies she had retained among the poor. The peasants, whom the cities had failed or refused to free, on seeing the burghers impotent to put an end to the interminable wars between the knights--which wars they had so dearly to pay for--now set their hopes upon the King, the Emperor, or the Great Prince; and while aiding them to crush down the mighty feudal owners, they aided them to constitute the centralized State. And finally, the invasions of the Mongols and the Turks, the holy war against the Maures in Spain, as well as the terrible wars which soon broke out between the growing centres of sovereignty--Ile de France and Burgundy, Scotland and England, England and France, Lithuania and Poland, Moscow and Tver, and so on--contributed to the same end. Mighty States made their appearance; and the cities had now to resist not only loose federations of lords, but strongly-organized centres, which had armies of serfs at their disposal.
The worst was, that the growing autocracies found support in the divisions which had grown within the cities themselves. The fundamental idea of the medieval city was grand, but it was not wide enough. Mutual aid and support cannot be limited to a small association; they must spread to its surroundings, or else the surroundings will absorb the association. And in this respect the medieval citizen had committed a formidable mistake at the outset. Instead of looking upon the peasants and artisans who gathered under the protection of his walls as upon so many aids who would contribute their part to the making of the city--as they really did--a sharp division was traced between the "families" of old burghers and the newcomers. For the former, all benefits from communal trade and communal lands were reserved, and nothing was left for the latter but the right of freely using the skill of their own hands. The city thus became divided into "the burghers" or "the commonalty," and "the inhabitants."(38) The trade, which was formerly communal, now became the privilege of the merchant and artisan "families," and the next step--that of becoming individual, or the privilege of oppressive trusts-- was unavoidable.
The same division took place between the city proper and the surrounding villages. The commune had well tried to free the peasants, but her wars against the lords became, as already mentioned, wars for freeing the city itself from the lords, rather than for freeing the peasants. She left to the lord his rights over the villeins, on condition that he would molest the city no more and would become co-burgher. But the nobles "adopted" by the city, and now residing within its walls, simply carried on the old war within the very precincts of the city. They disliked to submit to a tribunal of simple artisans and merchants, and fought their old feuds in the streets. Each city had now its Colonnas and Orsinis, its Overstolzes and Wises. Drawing large incomes from the estates they had still retained, they surrounded themselves with numerous clients and feudalized the customs and habits of the city itself. And when discontent began to be felt in the artisan classes of the town, they offered their sword and their followers to settle the differences by a free fight, instead of letting the discontent find out the channels which it did not fail to secure itself in olden times.
The greatest and the most fatal error of most cities was to base their wealth upon commerce and industry, to the neglect of agriculture. They thus repeated the error which had once been committed by the cities of antique Greece, and they fell through it into the same crimes.(39) The estrangement of so many cities from the land necessarily drew them into a policy hostile to the land, which became more and more evident in the times of Edward the Third,(40) the French Jacqueries, the Hussite wars, and the Peasant War in Germany. On the other hand, a commercial policy involved them in distant enterprises. Colonies were founded by the Italians in the south-east, by German cities in the east, by Slavonian cities in the far northeast. Mercenary armies began to be kept for colonial wars, and soon for local defence as well. Loans were contacted to such an extent as to totally demoralize the citizens; and internal contests grew worse and worse at each election, during which the colonial politics in the interest of a few families was at stake. The division into rich and poor grew deeper, and in the sixteenth century, in each city, the royal authority found ready allies and support among the poor.
And there is yet another cause of the decay of communal institutions, which stands higher and lies deeper than all the above. The history of the medieval cities offers one of the most striking illustrations of the power of ideas and principles upon the destinies of mankind, and of the quite opposed results which are obtained when a deep modification of leading ideas has taken place. Self-reliance and federalism, the sovereignty of each group, and the construction of the political body from the simple to the composite, were the leading ideas in the eleventh century. But since that time the conceptions had entirely changed. The students of Roman law and the prelates of the Church, closely bound together since the time of Innocent the Third, had succeeded in paralyzing the idea--the antique Greek idea-- which presided at the foundation of the cities. For two or three hundred years they taught from the pulpit, the University chair, and the judges' bench, that salvation must be sought for in a strongly-centralized State, placed under a semi-divine authority;(41) that one man can and must be the saviour of society, and that in the name of public salvation he can commit any violence: burn men and women at the stake, make them perish under indescribable tortures, plunge whole provinces into the most abject misery. Nor did they fail to give object lessons to this effect on a grand scale, and with an unheard-of cruelty, wherever the king's sword and the Church's fire, or both at once, could reach. By these teachings and examples, continually repeated and enforced upon public attention, the very minds of the citizens had been shaped into a new mould. They began to find no authority too extensive, no killing by degrees too cruel, once it was "for public safety." And, with this new direction of mind and this new belief in one man's power, the old federalist principle faded away, and the very creative genius of the masses died out. The Roman idea was victorious, and in such circumstances the centralized State had in the cities a ready prey.
Florence in the fifteenth century is typical of this change. Formerly a popular revolution was the signal of a new departure. Now, when the people, brought to despair, insurged, it had constructive ideas no more; no fresh idea came out of the movement. A thousand representatives were put into the Communal Council instead of 400; 100 men entered the signoria instead of 80. But a revolution of figures could be of no avail. The people's discontent was growing up, and new revolts followed. A saviour--the "tyran"--was appealed to; he massacred the rebels, but the disintegration of the communal body continued worse than ever. And when, after a new revolt, the people of Florence appealed to their most popular man, Gieronimo Savonarola, for advice, the monk's answer was:--"Oh, people mine, thou knowest that I cannot go into State affairs... purify thy soul, and if in such a disposition of mind thou reformest thy city, then, people of Florence, thou shalt have inaugurated the reform in all Italy!" Carnival masks and vicious books were burned, a law of charity and another against usurers were passed-- and the democracy of Florence remained where it was. The old spirit had gone. By too much trusting to government, they had ceased to trust to themselves; they were unable to open new issues. The State had only to step in and to crush down their last liberties.
And yet, the current of mutual aid and support did not die out in the masses, it continued to flow even after that defeat. It rose up again with a formidable force, in answer to the communist appeals of the first propagandists of the reform, and it continued to exist even after the masses, having failed to realize the life which they hoped to inaugurate under the inspiration of a reformed religion, fell under the dominions of an autocratic power. It flows still even now, and it seeks its way to find out a new expression which would not be the State, nor the medieval city, nor the village community of the barbarians, nor the savage clan, but would proceed from all of them, and yet be superior to them in its wider and more deeply humane conceptions.
NOTES:
1. The literature of the subject is immense; but there is no work yet which treats of the medieval city as of a whole. For the French Communes, Augustin Thierry's Lettres and Considerations sur l'histoire de France still remain classical, and Luchaire's Communes francaises is an excellent addition on the same lines. For the cities of Italy, the great work of Sismondi (Histoire des republiques italiennes du moyen age, Paris, 1826, 16 vols.), Leo and Botta's History of Italy, Ferrari's Revolutions d'Italie, and Hegel's Geschichte der Stadteverfassung in Italien, are the chief sources of general information. For Germany we have Maurer's Stadteverfassung, Barthold's Geschichte der deutschen Stadte, and, of recent works, Hegel's Stadte und Gilden der germanischen Volker (2 vols. Leipzig, 1891), and Dr. Otto Kallsen's Die deutschen Stadte im Mittelalter (2 vols. Halle, 1891), as also Janssen's Geschichte des deutschen Volkes (5 vols. 1886), which, let us hope, will soon be translated into English (French translation in 1892). For Belgium, A. Wauters, Les Libertes communales (Bruxelles, 1869-78, 3 vols.). For Russia, Byelaeff's, Kostomaroff's and Sergievich's works. And finally, for England, we posses one of the best works on cities of a wider region in Mrs. J.R. Green's Town Life in the Fifteenth Century (2 vols. London, 1894). We have, moreover, a wealth of well-known local histories, and several excellent works of general or economical history which I have so often mentioned in this and the preceding chapter. The richness of literature consists, however, chiefly in separate, sometimes admirable, researches into the history of separate cities, especially Italian and German; the guilds; the land question; the economical principles of the time. the economical importance of guilds and crafts; the leagues between, cities (the Hansa); and communal art. An incredible wealth of information is contained in works of this second category, of which only some of the more important are named in these pages.
2. Kulischer, in an excellent essay on primitive trade (Zeitschrift fur Volkerpsychologie, Bd. x. 380), also points out that, according to Herodotus, the Argippaeans were considered inviolable, because the trade between the Scythians and the northern tribes took place on their territory. A fugitive was sacred on their territory, and they were often asked to act as arbiters for their neighbours. See Appendix XI.
3. Some discussion has lately taken place upon the Weichbild and the Weichbild-law, which still remain obscure (see Zopfl, Alterthumer des deutschen Reichs und Rechts, iii. 29; Kallsen, i. 316). The above explanation seems to be the more probable, but, of course, it must be tested by further research. It is also evident that, to use a Scotch expression, the "mercet cross" could be considered as an emblem of Church jurisdiction, but we find it both in bishop cities and in those in which the folkmote was sovereign.
4. For all concerning the merchant guild see Mr. Gross's exhaustive work, The Guild Merchant (Oxford, 1890, 2 vols.); also Mrs. Green's remarks in Town Life in the Fifteenth Century, vol. ii. chaps. v. viii. x; and A. Doren's review of the subject in Schmoller's Forschungen, vol. xii. If the considerations indicated in the previous chapter (according to which trade was communal at its beginnings) prove to be correct, it will be permissible to suggest as a probable hypothesis that the guild merchant was a body entrusted with commerce in the interest of the whole city, and only gradually became a guild of merchants trading for themselves; while the merchant adventurers of this country, the Novgorod povolniki (free colonizers and merchants) and the mercati personati, would be those to whom it was left to open new markets and new branches of commerce for themselves. Altogether, it must be remarked that the origin of the mediaeval city can be ascribed to no separate agency. It was a result of many agencies in different degrees.
5. Janssen's Geschichte des deutschen Volkes, i. 315; Gramich's Wurzburg; and, in fact, any collection of ordinances.
6. Falke, Geschichtliche Statistik, i. 373-393, and ii. 66; quoted in Janssen's Geschichte, i. 339; J.D. Blavignac, in Comptes et depenses de la construction du clocher de Saint-Nicolas a Fribourg en Suisse, comes to a similar conclusion. For Amiens, De Calonne's Vie Municipale, p. 99 and Appendix. For a thorough appreciation and graphical representation of the medieval wages in England and their value in bread and meat, see G. Steffen's excellent article and curves in The Nineteenth Century for 1891, and Studier ofver lonsystemets historia i England, Stockholm, 1895.
7. To quote but one example out of many which may be found in Schonberg's and Falke's works, the sixteen shoemaker workers (Schusterknechte) of the town Xanten, on the Rhine, gave, for erecting a screen and an altar in the church, 75 guldens of subscriptions, and 12 guldens out of their box, which money was worth, according to the best valuations, ten times its present value.
8. Quoted by Janssen, l.c. i. 343.
9. The Economical Interpretation of History, London, 1891, p. 303.
10. Janssen, l.c. See also Dr. Alwin Schultz, Deutsches Leben im XIV und XV Jahrhundert, grosse Ausgabe, Wien, 1892, pp. 67 seq. At Paris, the day of labour varied from seven to eight hours in the winter to fourteen hours in summer in certain trades, while in others it was from eight to nine hours in winter, to from ten to twelve in Summer. All work was stopped on Saturdays and on about twenty-five other days (jours de commun de vile foire) at four o'clock, while on Sundays and thirty other holidays there was no work at all. The general conclusion is, that the medieval worker worked less hours, all taken, than the present-day worker (Dr. E. Martin Saint-Leon, Histoire des corporations, p. 121).
11. W. Stieda, "Hansische Vereinbarungen uber stadtisches Gewerbe im XIV und XV Jahrhundert," in Hansische Geschichtsblatter, Jahrgang 1886, p. 121. Schonberg's Wirthschaftliche Bedeutung der Zunfte; also, partly, Roscher.
12. See Toulmin Smith's deeply-felt remarks about the royal spoliation of the guilds, in Miss Smith's Introduction to English Guilds. In France the same royal spoliation and abolition of the guilds' jurisdiction was begun from 1306, and the final blow was struck in 1382 (Fagniez, l.c. pp. 52-54).
13. Adam Smith and his contemporaries knew well what they were condemning when they wrote against the State interference in trade and the trade monopolies of State creation. Unhappily, their followers, with their hopeless superficiality, flung medieval guilds and State interference into the same sack, making no distinction between a Versailles edict and a guild ordinance. It hardly need be said that the economists who have seriously studied the subject, like Schonberg (the editor of the well-known course of Political Economy), never fell into such an error. But, till lately, diffuse discussions of the above type went on for economical "science."
14. In Florence the seven minor arts made their revolution in 1270-82, and its results are fully described by Perrens (Histoire de Florence, Paris, 1877, 3 vols.), and especially by Gino Capponi (Storia della repubblica di Firenze, 2da edizione, 1876, i. 58-80; translated into German). In Lyons, on the contrary, where the movement of the minor crafts took place in 1402, the latter were defeated and lost the right of themselves nominating their own judges. The two parties came apparently to a compromise. In Rostock the same movement took place in 1313; in Zurich in 1336; in Bern in 1363; in Braunschweig in 1374, and next year in Hamburg; in Lubeck in 1376-84; and so on. See Schmoller's Strassburg zur Zeit der Zunftkampfe and Strassburg's Bluthe; Brentano's Arbeitergilden der Gegenwart, 2 vols., Leipzig, 1871-72; Eb. Bain's Merchant and Craft Guilds, Aberdeen, 1887, pp. 26-47, 75, etc. As to Mr. Gross's opinion relative to the same struggles in England, see Mrs. Green's remarks in her Town Life in the Fifteenth Century, ii. 190-217; also the chapter on the Labour Question, and, in fact, the whole of this extremely interesting volume. Brentano's views on the crafts' struggles, expressed especially in iii. and iv. of his essay "On the History and Development of Guilds," in Toulmin Smith's English Guilds remain classical for the subject, and may be said to have been again and again confirmed by subsequent research.
15. To give but one example--Cambrai made its first revolution in 907, and, after three or four more revolts, it obtained its charter in 1O76. This charter was repealed twice (11O7 and 1138), and twice obtained again (in 1127 and 1180). Total, 223 years of struggles before conquering the right to independence. Lyons-- from 1195 to 1320.
16. See Tuetey, "Etude sur Le droit municipal... en Franche-Comte," in Memoires de la Societe d'emulation de Montbeliard, 2e serie, ii. 129 seq.
17. This seems to have been often the case in Italy. In Switzerland, Bern bought even the towns of Thun and Burgdorf.
18. Such was, at least, the case in the cities of Tuscany (Florence, Lucca, Sienna, Bologna, etc.), for which the relations between city and peasants are best known. (Luchitzkiy, "Slavery and Russian Slaves in Florence," in Kieff University Izvestia for 1885, who has perused Rumohr's Ursprung der Besitzlosigkeit der Colonien in Toscana, 1830.) The whole matter concerning the relations between the cities and the peasants requires much more study than has hitherto been done.
19. Ferrari's generalizations are often too theoretical to be always correct; but his views upon the part played by the nobles in the city wars are based upon a wide range of authenticated facts.
20. Only such cities as stubbornly kept to the cause of the barons, like Pisa or Verona, lost through the wars. For many towns which fought on the barons' side, the defeat was also the beginning of liberation and progress.
21. Ferrari, ii. 18, 104 seq.; Leo and Botta, i. 432.
22. Joh. Falke, Die Hansa als Deutsche Seeund Handelsmacht, Berlin, 1863, pp. 31, 55.
23. For Aachen and Cologne we have direct testimony that the bishops of these two cities--one of them bought by the enemy opened to him the gates.
24. See the facts, though not always the conclusions, of Nitzsch, iii. 133 seq.; also Kallsen, i. 458, etc.
25. On the Commune of the Laonnais, which, until Melleville's researches (Histoire de la Commune du Laonnais, Paris, 1853), was confounded with the Commune of Laon, see Luchaire, pp. 75 seq. For the early peasants' guilds and subsequent unions see R. Wilman's "Die landlichen Schutzgilden Westphaliens," in Zeitschrift fur Kulturgeschichte, neue Folge, Bd. iii., quoted in Henne-am-Rhyn's Kulturgeschichte, iii. 249.
26. Luchaire, p. 149.
27. Two important cities, like Mainz and Worms, would settle a political contest by means of arbitration. After a civil war broken out in Abbeville, Amiens would act, in 1231, as arbiter (Luchaire, 149); and so on.
28. See, for instance, W. Stieda, Hansische Vereinbarungen, l.c., p.114.
29. Cosmo Innes's Early Scottish History and Scotland in Middle Ages, quoted by Rev. Denton, l.c., pp. 68, 69; Lamprecht's Deutsches wirthschaftliche Leben im Mittelalter, review by Schmoller in his Jahrbuch, Bd. xii.; Sismondi's Tableau de l'agriculture toscane, pp. 226 seq. The dominions of Florence could be recognized at a glance through their prosperity.
30. Mr. John J. Ennett (Six Essays, London, 1891) has excellent pages on this aspect of medieval architecture. Mr. Willis, in his appendix to Whewell's History of Inductive Sciences (i. 261-262), has pointed out the beauty of the mechanical relations in medieval buildings. "A new decorative construction was matured," he writes, "not thwarting and controlling, but assisting and harmonizing with the mechanical construction. Every member, every moulding, becomes a sustainer of weight; and by the multiplicity of props assisting each other, and the consequent subdivision of weight, the eye was satisfied of the stability of the structure, notwithstanding curiously slender aspects of the separate parts." An art which sprang out of the social life of the city could not be better characterized.
31. Dr. L. Ennen, Der Dom zu Koln, seine Construction und Anstaltung, Koln, 1871.
32. The three statues are among the outer decorations of Notre Dame de Paris.
33. Mediaeval art, like Greek art, did not know those curiosity shops which we call a National Gallery or a Museum. A picture was painted, a statue was carved, a bronze decoration was cast to stand in its proper place in a monument of communal art. It lived there, it was part of a whole, and it contributed to give unity to the impression produced by the whole.
34. Cf. J. T. Ennett's "Second Essay," p. 36.
35. Sismondi, iv. 172; xvi. 356. The great canal, Naviglio Grande, which brings the water from the Tessino, was begun in 1179, i.e. after the conquest of independence, and it was ended in the thirteenth century. On the subsequent decay, see xvi. 355.
36. In 1336 it had 8,000 to 10,000 boys and girls in its primary schools, 1,000 to 1,200 boys in its seven middle schools, and from 550 to 600 students in its four universities. The thirty communal hospitals contained over 1,000 beds for a population of 90,000 inhabitants (Capponi, ii. 249 seq.). It has more than once been suggested by authoritative writers that education stood, as a rule, at a much higher level than is generally supposed. Certainly so in democratic Nuremberg.
37. Cf. L. Ranke's excellent considerations upon the essence of Roman Law in his Weltgeschichte, Bd. iv. Abth. 2, pp. 20-31. Also Sismondi's remarks upon the part played by the legistes in the constitution of royal authority, Histoire des Francais, Paris, 1826, viii. 85-99. The popular hatred against these "weise Doktoren und Beutelschneider des Volks" broke out with full force in the first years of the sixteenth century in the sermons of the early Reform movement.
38. Brentano fully understood the fatal effects of the struggle between the "old burghers" and the new-comers. Miaskowski, in his work on the village communities of Switzerland, has indicated the same for village communities.
39. The trade in slaves kidnapped in the East was never discontinued in the Italian republics till the fifteenth century. Feeble traces of it are found also in Germany and elsewhere. See Cibrario. Della schiavitu e del servaggio, 2 vols. Milan, 1868; Professor Luchitzkiy, "Slavery and Russian Slaves in Florence in the Fourteenth and Fifteenth Centuries," in Izvestia of the Kieff University, 1885.
40. J.R. Green's History of the English People, London, 1878, i. 455.
41. See the theories expressed by the Bologna lawyers, already at the Congress of Roncaglia in 1158.