CHAPTER V

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 A11thing, or national folkmote, a

lövsögmathr 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 crew as follows:--'What has happened on board ship, we

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.

8. 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.

9. Sohm, Frankische Rechts-und Gerichtsverfassung, p. 23; also Nitzsch,

Geschichte 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, Verfassungs und 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.

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