The communal movement, a natural development of the legal rights

introduced by the Franks, was scarcely felt in England. Already, long

before the Norman Conquest, under the Anglo-Saxon rule, many busy

towns, wealthy and populous, such as Canterbury, London, Oxford, and

York, took a share in public affairs, a limited share, it is true,

but one sufficient for their wellbeing and prosperity. The victorious

invasion of William of Normandy, so fatal to the whole country, was

still more so to the large towns, which were compelled to behold

their own material ruin, the sequestration and confiscation of their

property, the dispersion and infeudation of their inhabitants, their

agriculturists and their farmers. Unable any longer to invoke the

protection of an easy-natured sovereign, they were forced to bow

their heads beneath the sway of strangers, lucky adventurers, bold,

exacting, despotic, and cruel men, believing in no faith and obeying

no law, the very dregs of French feudalism. King Henry I., the third

son of William the Conqueror, after many sanguinary struggles, in

which his barons were not found wanting in fealty to him, granted

them the celebrated charter called Magna Charta--usually, though,

erroneously, considered the fundamental origin of English liberties,

which, however, really dated from a prior period; at the same time

(1132) he released the burgesses of London from the lamentable state

of degradation in which they had existed since the Conquest. In the

reign of Henry II.--an administrative and judicial reformer--not in

England alone, but in those parts of Scotland and Ireland which he

had conquered (1154–1182), the inhabitants of many towns acquired the

right to purchase the freehold of the soil they occupied, and to free

themselves from several special taxes by paying a fixed sum to the

feudal lord. Thenceforward arose that haughty bourgeoisie, with which

the barons had soon to reckon, a class which John Lackland favoured

proportionately as he dreaded the continual rebellions of the feudal

seigniors. Twice was Prince Louis, the son of Philip-Augustus, summoned

by the Anglo-Norman barons to cross the channel with an army to force

the English king to fulfil the clauses of the charters he had granted

to his great vassals (1215–1216); on the other hand, the towns and

communes, grown rich and powerful, thanks to the privileges which had

been granted to them as well as to the intelligent activity of their

manufactures, forced the nobles to respect them. The latter no longer

attempted to compel assistance, but solicited it, often even humbly,

so that the communes and the landed aristocracy held an equal position

in the feudal hierarchy. The title of _noble_ and _baron_,

bestowed on the leading citizens of London and the Cinque Ports, raised

the middle-class to a higher position. Indeed, to enable it, already

powerful by its wealth and by its alliances, to become a political

body, it only needed the privilege of sending representatives to

parliament, a privilege which was granted in 1264 to the principal

towns of the kingdom.

[Illustration: Fig. 24.--Philip III., called “the Bold,” in Royal

Costume.--From a Miniature in a Manuscript of the Fourteenth

Century (Burgundian Library, Brussels).]

In France, about the same period, the industrial and trading

bourgeoisie had seats in the privy council of St. Louis, and, advancing

in letters and science, it gradually obtained possession of all the

chairs at the university. As early as the reign of Philip the Bold

(Fig. 24), it occupied all the higher positions in the judicature, and

hence it assumed a place in the great bailiwicks and parliaments, from

which the feudal nobility did not condescend to oust it, and which,

after a time, enabled it to offer a successful resistance to the abuse

of power on the part of this same nobility, whose authority steadily

diminished. Admitted by Philippe-le-Bel to the general assemblies of

the nation and to the sessions of the states-general, the bourgeoisie

became one of the states, an order of the kingdom, that is, the

_tiers-état_. It absorbed the offices pertaining to the general

administration and to finance, it furnished the lower orders of the

clergy with most of their distinguished representatives, and the

municipalities with the most gifted of their magistrates; it acquired

the right of purchasing offices which carried nobility with them, of

possessing seignorial domains with high and petty justice, and thus

it forced its way like ivy into the crevices of the feudal edifice,

which stone by stone crumbled to pieces. Philippe-le-Bel, surnamed the

_King of the Lawyers_--who helped him in a material degree to

carry out his designs--showed himself, as a natural consequence, the

King of the Commons (_tiers-état_), and the secret enemy of the

Church and the nobility. The latter, valiant and chivalrous, but devoid

of forethought, rushing headlong into every kind of adventure, and

caring only for deeds of daring and warlike achievements, regardless of

their material interests, gradually allowed themselves to be divested

of a considerable part of their domains by the bourgeoisie, who lent

them money upon mortgage, and by the _voués_ or _procureurs_,

who ruined them. The decadence of their wealth dated from the First

Crusade, when they encumbered their estates to pay the expenses of

distant expeditions, which they undertook almost entirely at their own

cost; and when they wished to recover possession of the properties

which they had handed over to some third party, they found them loaded

with fresh debts, which had been contracted during their absence,

and producing but nominal revenues for want of hands to cultivate

the soil. They then were obliged to sell a portion of the property,

and that at a great loss. The only resource remaining was the

concession of their feudal privileges, and in this way the nobility

lost the right of coining money and of exercising justice, while the

sovereigns--Philippe-le-Bel in particular--seconded by the bourgeoisie,

increased their absolute power.

The massacre of more than six thousand chevaliers at Courtray (1302),

by the Flemish militia (Fig. 25), was a heavy blow to the pride of

the generous but reckless nobility of France. It was humiliating to

these lords to find that the villains knew how to wield the arms

which they had been in the habit of making for others; they saw that

they possessed the courage and skill needed to win battles, and that

henceforward they must be reckoned upon as a force able to take the

field as well as formidable when engaged in street riots.

[Illustration: Fig. 25.--Flemish Warrior in the Uniform of the

Van Artevelde Militia: Stone Statue formerly in one of the niches

in the Belfry at Ghent, now in the Ruins of St. Bavon of Ghent

(Fourteenth Century).]

In Germany, the fall of the Hohenstaufen family, formerly Dukes of

Swabia and Franconia, favoured the enfranchisement of towns; all the

cities in these two principalities, hitherto subject to the mediatised

lords, reverted to the emperor, who, without any real power over them,

left them free to establish the franchise and immunities of a republic.

In order to increase their populations, they followed the example of

the sovereigns and feudal lords of France and Lombardy in regard to

the formation of _new towns_, establishing around their walls,

as feudalism had done outside its donjons, fields of refuge. These

were occupied by a host of strangers, who received the designation

of _Pfahlbürger_--citizens of the palisades, or faubourgians,

originally sheltered and protected by a wooden barrier. These receded

in proportion as the number of inhabitants increased, and according

as their trade developed. Many serfs deserted the neighbouring fiefs

to seek in these free towns the independence, position, success, and

all the advantages which they could not enjoy under the feudal régime.

Their lords demanded their extradition by virtue of their feudal

rights, accompanying the demand with threats, which were sometimes

effectual; but the free towns, not less interested in keeping the

fugitive than the latter was in remaining with them, endeavoured to

gain time and to favour his retreat until after the expiration of three

hundred and sixty-five days, when the right of the lord to his liegeman

or vassal ceased.

The imperial towns--which, from the twelfth to the fourteenth century,

after having freed themselves from the fetters of feudalism, had risen

to such a height of independence that the emperor himself had but a

nominal supremacy over them--were Ratisbon, in Bavaria; Augsburg and

Ulm, in Swabia; Nuremberg, Spiers, Worms, and Frankfort-on-the-Main,

in Franconia; Magdeburg, in Saxony; Hamburg, Bremen, and Lubeck, in the

Hanseatic League; Aix-la-Chapelle, Bonn, Cologne, Coblentz, Mayence,

Strasburg, and Metz, in the Rhenish and Lotharingian provinces.

These towns, essentially industrial and commercial, in which the

middle-classes were for the most part supreme, formed vast emporiums,

teeming with the products of the north, the south, and the east. They

were looked upon as the store-houses and arsenals of Europe. Feudalism,

unable to produce anything for itself, was always replenishing from

these depôts the resources necessary for equipping and revictualling

its armies. From them came the arms and the engines of warfare, as

well as the special workmen, the cross-bowmen, the carpenters, the

founders, and the artillerymen, who composed the _personnel_

of the artillery at this period. If the free towns had arrived at a

common understanding, and formed a pacific league between themselves,

they would have presented a serious obstacle to the struggles of

the suzerain lords; but their distance from each other, especially

those in the centre of Germany, prevented them from coming to such

an arrangement. Nor could they, as in England, form an alliance with

the feudal nobility, nor, as in France, make common cause with the

suzerain. As the emperor left them to act independently, they were

obliged to organize their own defence, to contract alliances with some

powerful neighbour, and weaken, by dividing them, those enemies whom

they deemed stronger than themselves. Thus these free towns never

constituted a homogeneous body; they were isolated and spread over

a vast extent of territory, being only brought together by feelings

of interest and sympathy, but without any mutual tie or political

cohesion. The lord with whom they were at war to-day, would enter

their service and pay the next, with the title of _soldarien_;

and at times a single town would have as many as two or three hundred

of these allies, who were always followed by a swarm of marauders, and

who spread desolation throughout the land. The lords who were without

fortune, who represented the petty feudalism of the country districts,

finding in the service of these towns a means for keeping up their

state and paying their followers, passed from one to the other, and

only enlisted under the standard of a sovereign prince for want of

better employment, for the latter did not as a rule pay so well as

these free towns.

From the eleventh to the fourteenth century, the position of the

bishop, in point of political influence, did not improve in these free

or republican towns, either in England, France, or Germany. Suzerain

lord by moral authority, he was only so to a very limited degree

(Fig. 26) in respect to his temporal power. He only exercised justice

over his vassals, or at most over the members of the secular and

inferior clergy, for the canons, the incumbents, and even the deacons,

enjoying as they did special immunities, would have appealed, in the

event of a dispute or of censure, to their metropolitan archbishop,

or even to Rome. It is true that the lay depositaries of municipal

authority did not, on their side, take any judicial steps against

the ecclesiastics, except in case of conspiracy against the State,

which alone rendered them answerable to secular justice. Outside the

subordinates of the bishop and the chapter, the episcopal court or

tribunal took cognizance of the crimes, the offences, and misdemeanours

against religion of which any citizen might be guilty, and also of

the heresies, blasphemies, breaking of images, glaring infractions of

the commandments of God and of the Church, insults and assaults of

the priests, &c. And even in these cases, where the delinquent could

plead nobility, and especially when he belonged to the higher classes

of feudalism, the jurisdiction of the ecclesiastical tribunals could

not reach him. As the nobility could always claim to be judged by

their peers, there was rarely any infraction of this feudal principle,

and then only where some diocesan bishop or metropolitan was powerful

enough to substitute his own will for the customary right.

[Illustration: Fig. 26.--Seal of John, Bishop of Puy and Count of

Velay (1305), holding in his right hand a naked sword as a token

of secular jurisdiction.]

[Illustration: Fig. 27.--The Tree of Battles: Allegorical Figures

representing the discord which exists between the various classes

of society.--Reproduced from a Miniature of “The Tree of Battles”

of Honoré Bouet, Manuscript of the Fifteenth Century (Burgundian

Library, Brussels).]

In nearly all the episcopal towns, the judgment of the prelate or

of his delegates was delivered from the square in front of the

cathedral, or from the doorway of some exterior and adjacent chapel.

This practice, maintained during the first centuries of the Church’s

existence, ceased when another form of justice, namely, civil justice,

took its place. In order to avoid the conflicts which must have ensued,

and to furnish no pretext for popular disturbance, the ecclesiastical

justice took refuge in some special place, generally called the

_Cour l’éresque_, till at last the diocesan power, deprived of

its temporal prerogatives within the boundary of the free towns, found

itself obliged to transfer somewhere else the seat of its jurisdiction

and of those feudal rights which it still retained. The mint of the

prelate was established there; but so wide was the disagreement between

the ecclesiastical and the civil authorities, and so sustained the

struggle between the feudal and the middle-class interests, that it

often happened that the episcopal money was not accepted as current

coin, even in the town where the bishop was spiritually supreme, nor in

the territory annexed to the free town and enjoying equal prerogatives.

In Germany and in Italy the emperor, in France and England the king,

as the highest representatives of feudalism, possessed in every large

city--notably in the cities termed imperial or royal--an official

delegate, called burgrave, count, or viscount, who, originally at the

head of the army, the magistracy, and the finances, gradually lost his

prerogatives till, in the thirteenth century, he was scarcely more

than a mere dignitary, without either power or credit. Many bishops,

authorised by the lay sovereign, took the title of _count_,

without, however, adding in any material degree to their influence.

Besides, whatever may have been the nature and extent of the functions

of a count, it does not appear that the free towns paid any more heed

to them than to the pre-eminence of the bishop in all that appertained

to the administration and government of the commune. In many places,

especially in Italy and upon the banks of the Moselle and the Rhine,

the bourgeoisie possessed councils invested both with the judicial and

executive power, also a senate and a parliament, which was summoned by

the ringing of a bell, and to which the lords inhabiting the adjacent

castles were admitted, but only as ordinary citizens; without, however,

losing any of their domainial privileges.

Though feudalism possessed nearly the same generic type in all European

countries, it presented here and there varying shades of nationality,

due to the dissimilarity of race, to the habits of the people, to the

different modes in which it had been introduced, and to the diverse

phases of its struggle and growth.

[Illustration: Fig. 28.--Seal of John, Duke of Burgundy, Count

of Nevers and Baron of Donzy, surnamed _Jean sans Peur_

(1371–1419).--National Archives of Paris.]

The illustrious house of Franconia, alarmed at the incessant progress

of high German feudalism, and anxious to check it, created, in

the midst of the duchies by which it was threatened, a number of

_immediate_ lordships, owing fealty only to the emperor, and

having an hereditary right over the _fiefs of chivalry_. This step

met with an obstinate resistance from the great vassals who possessed

this hereditary right, which the elected monarch did not enjoy of

himself. On the other hand, the palatine lords, agents of the emperor,

and empowered to represent him in the great fiefs or in his domains,

and the burgraves of the towns, impatient to free themselves from the

imperial suzerainty, displayed at the same time the insubordination

which the leudes had practised in the Carlovingian epoch, and

endeavoured to establish for themselves an independence transmissible

to their heirs. While this movement was going on, the Pope was lowering

the status of the empire; Innocent II. compelled the Emperor Lothair

II. to receive in fee from him Tuscany, the Duchy of Spoleta, the

Marches of Ancona, Bologna, Parma, Placenza, &c., forming part of the

legacy bequeathed to the Holy See by the Countess Matilda. From this

flagrant humiliation, submitted to by Conrad of Hohenstaufen, the

successor of Lothair, and haughtily rejected by Henry the Haughty when

he refused to render feudal homage to the Pope, arose the celebrated

quarrel of the Guelphs and the Ghibellines, which, from the banks of

the Rhine, spread beyond the Alps, and implanted itself in the very

heart of Italy. Henry the Haughty, chief of the Guelphs, independent

and royal, was proscribed and stripped of his duchies, while Conrad,

chief of the Ghibellines, inaugurated the brilliant dynasty of the

Hohenstaufens. Thirty years of bitter warfare, during which the

alliance of the papacy with the national party was cemented, seconded

by the efforts of petty feudalism, led up to the treaty of Constance,

which brought to a definite close the struggle of the feudal empire

against the popular independence of the cities of Italy. The Pope had

recovered the freeholds left him by the Countess Matilda; the towns

preserved their regal prerogatives, entire liberty to raise armies,

to surround themselves with walls (Fig. 29), to exercise criminal and

civil jurisdiction, and to form confederations with other towns, &c.

The emperor was left with no other privileges than those of confirming,

through his ambassadors, the consular elections, and of appointing

in each town a judge of appeal in his name. It was in vain that the

Emperor Henry VI. endeavoured to re-establish high feudalism; he died

in the attempt (1199), and Innocent III., who considered himself to be

the natural defender of all the rights and the supreme judge in all the

monarchies in Europe, resisted every effort made by Henry VI. Several

Crusades, moreover, which occurred at about this period, created a

modification in the warlike sentiments of the feudal nobility, until,

thanks to the policy of the illustrious pontiffs who had occupied the

chair of St. Peter, and to the efforts of the Italian free towns,

backed up by the petty feudal nobility, the independence of Italy rose

triumphant from the tomb which opened for the Emperor Frederick II. on

December 13th, 1250.

In England, John Lackland had, by the Magna Charta of 1215–1216,

promised the clergy to respect the liberties of the Church, and notably

the freedom of election; to the feudal lords he had promised to observe

the feudal conditions of release, of ward, and of marriage; to the

bourgeois, that no new tax should be levied without the consent of the

common council; and to all his subjects he accorded the _habeas

corpus_--that is to say, the liberty of the person, with trial by

jury, by constituting the court of common pleas at a certain fixed

place. A second charter, called the _Forest Charter_, mitigated

the extreme severity of the penalties for infraction of the laws

appertaining to the chase, and guaranteed the whole of the liberties

which had been extracted from him by creating a tribunal of twenty-five

barons, entrusted with the function of seeing that this charter

was carried out, and, further, of keeping watch over the action of

the crown. This was submitting the Government to a regular course

of discipline. Just as the feudal nobility had been kept under and

oppressed by the sovereign power, so was the latter now hedged in,

thwarted, and hampered in its despotic tendencies.

[Illustration: Fig. 29.--The fortified Bridge of Lamentano,

near Rome, theatre of the wars between the Guelphs and the

Ghibellines, in the Twelfth Century.]

St. Louis, following in the footsteps of Philip Augustus, laboured

to suppress the abuses of the feudal régime; he compelled his barons

to choose between the fiefs which they held from him and those which

they had received from the kings of England; he rooted out the old

feudal stocks, created a new feudalism, not less valiant but more moral

than the old, and never lost sight of the formidable opposition which

the old nobility had ventured to set up against the Queen-Regent,

Blanche of Castile, when it declared that the young King Louis should

not be consecrated until the suzerain aristocracy was restored to

the plenitude of its privileges. After Louis IX., French feudalism,

transformed by the saint-king, was neither less haughty, less trivial,

nor less insolent than before, but it was more favourable to the

crown and less hostile to the Church. It formed a brilliant array of

chivalry, full of enthusiasm and impetuosity, commencing a battle

well, always winning it at the very beginning of the action, but

losing it afterwards for want of being supported by a national body

of infantry, whose help it despised; it made up a body of cavalry

admirably adapted for tournaments and feats of arms, but incapable

of carrying on a regular warfare, or even of ensuring success in a

great battle. The victories of Mons-en-Puelle, under Philip IV., and

of Cassel, under Philip of Valois (1328), increased to the utmost

the blind confidence of the French nobility, and brought about, by

absolutely identical means, the disasters of Crecy, Poitiers, and

Agincourt (1346, 1356, 1415).

From the events which took place during the space of a century, from

the accession to the imperial throne of the Emperor Louis V. (1313) to

the Peace of Brétigny (1360), it was made manifest that the destinies

of the feudal world rested henceforth upon France and England, those

two rival powers, both of which were acquisitive and inflexible; that

the Emperor and the Pope occupied but the second place in this latest

evolution of feudalism; that Rome, compelled to bend towards France,

gave the latter a considerable preponderance, and that the force of

equilibrium must inevitably bring together the King of England and the

Emperor of Germany. The French royalty, despite the vicissitudes caused

by an incessant struggle against the English, despite the ravages of

the plague, which had depopulated two-thirds of the kingdom, despite

its financial burdens and the precarious position of the monarchy,

continued its work of assimilation and feudal incorporation; the

suzerainty attaching to the great fiefs gradually fell under the

jurisdiction of the sovereign, while, upon the right bank of the Rhine,

the great barons remained almost as omnipotent as ever they had been.

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