The movement began in Northern Italy. There, commercial life was older

and there the political consequences of it were likewise earlier.

Unfortunately very few details are known concerning these events. It is

certain that the troubles to which the Church was then prey could hardly

have delayed their precipitation. The inhabitants of the towns sided

passionately with the monks and the priests who were waging a campaign

against the evil customs of the clergy, attacking simony and the

marriage of priests, and condemning the intervention of lay authority in

the administration of the Church, to the profit of the Papacy. The

bishops, named by the Emperor and compromised by that fact in itself,

thus found themselves face to face with an opposition in which

mysticism, the claims of the merchants and the discontent caused by the

misery of the industrial workers were allied and mutually strengthened.

It is certain that the nobles took part in the agitation, for it gave

them the opportunity to shake off episcopal suzerainty, and made common

cause with the burghers and the Patarenes--the name by which the

conservatives contemptuously designated their adversaries.

In 1057 Milan, even then the queen of the cities of Lombardy, was in

open revolt against the archbishop.[133] The vicissitudes of the

investiture struggle naturally spread the disturbances and gave them a

turning more and more favorable to the insurgents, proportionately as

the cause of the Pope got the better of that of the Emperor. There were

instituted, either by the consent of the bishops or by violence,

magistrates with the title of “consuls” and charged with the

administration of the towns.[134] The first of these consuls to be

mentioned, but probably not the first to exist, appear at Lucca in

1080. There is a record as early as 1068 of a “communal court” in that

city, a characteristic feature of city autonomy which surely must have

existed at the same date in plenty of other places.[135] The Consuls of

Milan are not cited before 1107, but they were surely much earlier in

origin than that. From the time they are first mentioned, they show the

distinctive physiognomy of communal magistrates. They were recruited

among divers social classes,--among the _capitanei_, the _valvassores_,

and the _cives_--and represented the _communio civitatis_.

The most typical feature of this magistracy was its yearly character,

wherein it was in distinct contrast to the offices for life which alone

the feudal régime knew. This yearly feature of the offices was the

consequence of their elective nature. In laying hold of power, the city

population entrusted it to delegates named by itself. Thus was affirmed

the principle of control at the same time as that of election. Municipal

democracy, from its first attempts at organization, created the

instruments necessary to its proper functioning and unhesitatingly set

foot on the path which has been followed ever since.

From Italy, the “consulate” soon spread to the cities of Provence,

evident proof of its perfect adaptation to the needs which were felt by

the middle class. Marseilles had consuls at the start of the twelfth

century, or at the latest by 1128;[136] we find them next at Arles and

at Nimes, until little by little they spread in the South of France as

commerce made headway from place to place, and with it, the political

transformation which it brought in tow.

Nearly at the same time as in Italy, municipal institutions arose in the

region of Flanders and the North of France. There is nothing surprising

in this, since that country, like Lombardy, had been the scene of

vigorous commercial activity. Fortunately the sources of information

here are more abundant and more precise. They make it possible to follow

fairly accurately the march of events.

It is not the episcopal cities alone which here hold the stage. Side by

side with them are to be observed other centers of activity, though it

is within their walls that were formed those communes whose nature it is

most important to consider. The oldest, and fortunately also the best

known, is that of Cambrai.

During the eleventh century the prosperity of this city was well

advanced. At the foot of the original town clustered a commercial

suburb, which had been surrounded in 1070 by a wall. The population of

this suburb endured with scant patience the authority of the bishop and

his castellan. It prepared in secret for revolt when, in 1077, Bishop

Gerard II had to absent himself to go receive in Germany the investiture

at the hands of the Emperor. He was hardly en route before, under the

direction of the richest merchants of the town, the people arose, took

possession of the gates and proclaimed a commune. The poor, the

artisans, and the weavers, in particular, launched themselves still more

passionately into the fray when a reformer-priest called Ramihrdus

denounced to them the bishop as a simoniac and inspired in the depths of

their hearts the mysticism which, at that same era, was arousing the

Lombard Patarenes. As in Italy, religious fervor lent its strength to

the political demands and the commune was sworn in the midst of general

enthusiasm.[137]

This commune of Cambrai was the oldest of all that are known north of

the Alps. It seems to have been both a fighting organization and an

instrument of public safety. It was necessary, in fact, to await the

return of the bishop and to prepare to cope with him. The need of

unanimous action was imperative. An oath was exacted from all,

establishing among them the necessary solidarity, and it was this

association, sworn to by the burghers on the eve of battle, which was

the essential characteristic of that first commune.

Its success, however, was only ephemeral. The bishop, upon receiving the

news, hastened back and succeeded in restoring his authority for the

time being. But the experiment of the Cambresians was not long in being

imitated. The following years were marked by the establishment of

communes in the majority of the towns of Northern France; at St. Quentin

about 1080, at Beauvais about 1099, at Noyon in 1108-1109, at Laon in

1115. During the initial period the middle class and the bishops lived

in a state of permanent hostility and, as it were, on the point of open

war. Force alone was able to prevail between such adversaries, equally

convinced of their due rights. Ives of Chartres exhorted the bishops not

to give ground and to consider as void the promises which, under the

threat of violence, they had happened to make to the burghers.[138]

Guibert of Nogent, on his part, spoke with mingled contempt and fear of

those “pestilential communes” which the serfs had set up against their

lords, to escape authority and to do away with the most legitimate

rights.[139]

In spite of all, however, the communes prevailed. Not only did they have

the strength that numbers give, but the Monarchy which in France,

starting with the reign of Louis VI, was beginning to regain lost

ground, interested itself in their cause. Just as the popes, in their

conflict with the German emperors, had relied upon the Patarenes of

Lombardy, so the Capetian monarchs of the twelfth century favored the

efforts of the middle classes.

There can probably be no question of ascribing to them a political

principle. At first glance their conduct seems full of contradictions.

Yet it is none the less true that they evinced a general tendency to

take the part of the towns. The clear interest of the Monarchy was to

support the adversaries of high feudalism. Naturally, help was given

whenever it was possible to do so without becoming obligated to these

middle classes who in arising against their lords fought, to all intents

and purposes, in the interests of royal prerogatives. To accept the King

as arbitrator of their quarrel was, for the parties in conflict, to

recognize his sovereignty. The entry of the burghers upon the political

scene had as a consequence the weakening of the contractual principle of

the Feudal State to the advantage of the principle of the authority of

the Monarchial State. It was impossible that royalty should not take

count of this and seize every chance to show its good will to the

communes which, without intending to do so, labored so usefully for it.

In specially designating by the name of “communes” those episcopal

cities of the North of France where municipal institutions were the

result of insurrection, it is well to exaggerate neither their

importance nor their originality. There is no reason for claiming that

there was any essential difference between commune-cities and other

cities. They were distinguished from one another only by incidental

characteristics. At bottom their nature was the same, and in reality all

were equally communes. In all of them, in fact, the burghers formed a

corps, a _universitas_, a _communitas_, a _communio_, all the members of

which, conjointly answerable to one another, constituted the inseparable

parts. Whatever might be the origin of its enfranchisement, the city of

the Middle Ages did not consist in a simple collection of individuals;

it was itself an individual, but a collective individual, a legal

person. All that can be claimed in favor of the communes _stricto

sensu_ is a particular distinctiveness of institutions, a clearly

established separation of the rights of the bishop and those of the

burghers, and a manifest preoccupation to safeguard the rights of the

latter by a powerful corporate organization. But all of that derived

from the circumstances which presided over the birth of the communes.

Although they preserved the traces of their insurrectionary composition,

it does not necessarily follow that they should be assigned, for that

reason, a special place in the ensemble of cities. It can even be

observed that certain ones among them enjoyed prerogatives less

extensive, a jurisdiction and an autonomy less complete, than those of

localities in which the commune was only the mark of the advent of a

peaceful evolution. It is a manifest error to reserve for them, as is

sometimes, done, the name of “collective seigniories.” We shall see

later that all fully developed cities were such seigniories.

Violence, therefore, was far from being an essential factor in the

creation of municipal institutions. In the majority of towns subject to

the power of a lay prince, their growth was accomplished, in general,

without need of recourse to force. And it is not necessary to attribute

this situation to the particular good-will which the lay princes had

shown towards political liberty. On the other hand all the incentives

which inspired the bishop to oppose the burghers carried no weight with

the princes. They professed no hostility in regard to trade; on the

contrary, they were experiencing its good effects. It increased traffic

in their territories, and by that very fact augmented the revenues from

their tolls and the activity of their mints which were forced to meet an

increasing demand for currency. Having no spot as capital and

incessantly travelling about their demesnes, they lived in their towns

only at rare intervals and therefore had no reason for quarelling with

the burghers over the administration of them. It is quite characteristic

that Paris, the only city which before the end of the twelfth century

could be considered a real capital, did not succeed in obtaining an

autonomous municipal constitution. But the interest which impelled the

King of France to keep control of his customary residence was completely

lacking with the dukes and counts, as peripatetic as the King was

sedentary. Lastly, they did not view altogether with displeasure the act

of the burghers in seizing the power from the castellans who had become

an hereditary class and whose strength was a cause of uneasiness to

them. They had, in short, the same incentives as the King of France for

looking with favor upon these tendencies, since they weakened the

status of their vassals. It is not on record, however, that they

systematically lent them their aid. They confined themselves, in

general, to letting them alone and their attitude was almost always one

of benevolent neutrality.

No region offers a better chance for studying municipal origins in a

purely lay environment than does Flanders. In this great country, which

stretched from the shores of the North Sea and the Zealand Islands to

the frontiers of Normandy, the episcopal cities never rivalled in

importance and wealth the commercial and industrial cities. Térouanne,

the diocese of which comprised the watershed of the Yser, was and always

remained a half-rural hamlet. Arras and Tournai, which extended their

spiritual jurisdiction over the rest of the territory, developed to an

appreciable extent only in the course of the twelfth century. On the

contrary, Ghent, Bruges, Ypres, St. Omer, Lille and Douai, where were

gathered together in the course of the tenth century active merchant

colonies, give an unusually clear picture of the birth of municipal

institutions. They lend themselves to this so much the better in that,

all being organized in the same way and showing the same

characteristics, the information of which each gives us its share can

be safely combined into one general picture.[140]

All these cities show, first, the characteristic feature of having been

organized around a central burg which was, so to speak, their nucleus.

At the foot of this burg was grouped a _portus_, or “new burg,”

populated by merchants to whose numbers were soon added artisans, either

free or serf, and where, after the eleventh century, the textile

industry came to be concentrated. Over the burg as over the _portus_

extended the authority of the castellan. More or less important parcels

of land occupied by the immigrant population belonged to the abbeys,

others to the Count of Flanders. A tribunal of aldermen had its seat in

the burg under the presidency of the castellan. This tribunal had in

other respects no competency relative to the city. Its jurisdiction

extended over all the castellany of which the burg was the center, and

the members who composed it resided in that same castellany and came to

the burg only on the days of hearings. For ecclesiastical jurisdiction,

to which were amenable a number of matters, it was necessary to go to

the episcopal court of the diocese.

A variety of obligations weighed upon the land and the inhabitants,

whether of the burg or of the _portus_: ground rents, prestations in

money or in kind destined for the upkeep of the knights charged with the

defence of the burg, and tolls levied on all merchandise brought by land

or water.

All this was of long standing, created at the height of the demesnial

and feudal régime, and was in no way adapted to the new needs of the

merchant population. Not being made for it, the organization which had

its seat in the burg not only rendered no service but on the contrary

interfered with activities. The survivals of the past bore down with all

their weight upon the needs of the present. Obviously, for reasons which

have been given above and to which it is unnecessary to return, the

middle class felt far from content and exacted the reforms necessary to

their free expansion.

In these reforms it devolved upon them to take the initiative, for they

could not rely on either the castellans, the monasteries, or the barons

whose lands they occupied, to bring them about. But it was also

necessary, in the midst of a population so heterogeneous as that of the

_portus_, for a group of men to take control of the mass and to have

enough power and prestige to give it direction. The merchants, in the

first half of the eleventh century, resolutely assumed this rôle. Not

only did they constitute the wealthiest element in each town, the most

active and the most desirous of change, but they had in addition the

strength that union gives. The needs of commerce early impelled them, as

has been seen above, to organize in confraternities called gilds or

hanses--autonomous corporations independent of all authority and in

which their will alone made the law. Freely elected chiefs, “deans” or

“counts of the hanse” (_Dekanen_, _Hansgrafen_), supervised the

maintenance of a voluntarily accepted discipline. At regular intervals

the colleagues assembled to drink and deliberate over their interests; a

treasury, supported by their contributions, provided for the needs of

the society; a community house (_Gildhalle_) served as the place of

their meetings. Such was the Gild of St. Omer, about 1050, and it may be

assumed from this instance that very probably similar associations

existed at the same period in all the merchant colonies of

Flanders.[141]

The prosperity of trade was so intimately bound up with the organization

of the towns in which it had located that the members of the gild were

almost automatically charged with making provision for the needs that

were most pressing. The castellans had no reason to restrain them from

meeting, through their own resources, those emergencies that were

clearly apparent. They permitted them to “extemporize,” as it were, in

official communal administration. At St. Omer an arrangement made

between the gild and the castellan, Wulfric Rabel (1072-1083), permitted

the former to attend to the cases of the burghers. Thus, without having

any legal warrant therefor, the merchant association devoted itself of

its own accord to the organization and the management of the nascent

city. It made up for the impotence of public power. At St. Omer the gild

devoted a part of its revenues to the construction of defence works and

to the maintenance of the streets. There is no doubt but that other

Flemish towns, its neighbors, did the same. The name of “counts of the

Hanse” which the treasurers of the city of Lille kept all through the

Middle Ages is sufficient proof, in the absence of other records, that

there also the chiefs of the voluntary corporation of merchants drew

upon the treasury of the gild for the benefit of their fellow citizens.

At Audenarde the name of _Hansgraf_ was borne up to the fourteenth

century by a magistrate of the commune. At Tournai, as late as the

thirteenth century, city finances were placed under the control of the

_Charité St. Christophe_, that is to say of the merchant gild. At Bruges

the contributions of the “brothers of the hanse” supported the municipal

treasury up until its disappearance at the time of the democratic

revolution of the fourteenth century.

The result of all this, manifestly, was that the gilds were, in the

region of Flanders, the initiators of city autonomy. Of their own accord

they charged themselves with a task which no one else had been able to

carry out. Officially they had no right to act as they did; their

intervention is to be explained solely by the cohesion which existed

among their members, by the influence their group enjoyed, by the

resources they disbursed, and finally by the understanding they had of

the collective needs of the middle-class population. It can be stated,

without exaggerating, that in the course of the eleventh century the

chiefs of the gild performed, _de facto_, the functions of communal

magistrates in every town.

They were doubtless the ones, also, who led the Counts of Flanders to

take an interest in the development and the prosperity of the towns. In

1043 Baldwin IV obtained from the monks of St. Omer the concession on

the basis of which the burghers built their church. At the beginning of

the reign of Robert the Friesian (1071-1093), exemptions from tolls,

grants of land, privileges limiting the episcopal jurisdiction or the

requirements of military service were granted in considerable number to

the cities then in process of formation. Robert of Jerusalem favored the

city of Aire with “liberties” and exempted, in 1111, the burghers of

Ypres from the judiciary duel.

The result of all this was that little by little the middle class stood

out as a distinct and privileged group in the midst of the population of

the country. From a simple social group given over to the carrying on of

commerce and industry, it was transformed into a legal group, recognized

as such by the princely power. And out of that legal status itself was

to come, necessarily, the granting of an independent legal organization.

The new law needed as its organ a new tribunal. The old aldermanic

district courts, sitting in the burgs and administering justice in

accordance with a custom that had become archaic and incapable of

accommodating its rigid formalism to the needs of a community for which

it had not been created, had to give way to courts whose members,

recruited from among the burghers, were able to render them a justice

adequate to their desires and conforming to their aspirations--a

justice, in fine, which was _their_ justice. It is impossible to say

exactly when this important development took place. The oldest reference

in Flanders to an aldermanic court,--that is to say of such a court

peculiar to one city,--dates back to the year 1111 and has to do with

Arras. But there is nothing to prevent the assumption that aldermanic

courts of this kind must have already existed at the same period in the

more important localities such as Ghent, Bruges or Ypres. Whatever may

have been the case elsewhere, the beginning of the twelfth century saw

this decided innovation come to pass in all the cities of Flanders. The

disturbances which followed the assassination of Count Charles the Good,

in 1127, permitted the burghers to realize in full their political

programme. The pretenders to the county, William of Normandy, and later

Thierry of Alsace, in order to rally them to their cause conceded to

them the demands they addressed.

The charter granted to St. Omer in 1127 may be considered as the point

of departure of the political programme of the burghers of

Flanders.[142] It recognized the city as a distinct legal territory,

provided with a special law common to all inhabitants, with special

aldermanic courts and a full communal autonomy. Other charters in the

course of the twelfth century ratified similar grants to all the

principal cities of the county. Their status was thereafter secured and

sanctioned by written warrants.

On the other hand care must be taken not to attribute to the city

charters an exaggerated importance.[143] Neither in Flanders nor in any

other region of Europe did they embrace the whole of the city law. They

limited themselves to fixing the principal outlines, to formulating some

of the essential principles, to settling a few particularly important

conflicts. Most of the time they were the product of special

circumstances and they took count only of matters which were under

debate at the time they were drawn up. They cannot be considered as the

result of systematic planning and legislative deliberation similar to

that out of which are born, for example, modern constitutions. If the

middle classes have kept watch over them throughout the centuries, with

an extraordinary solicitude, preserving them under triple lock in chests

of iron and surrounding them with a quasi-superstitious respect, it is

because they considered them as the palladium of their liberty. It is

because they permitted them, in case of violation, to justify their

rebellion, but it is not because they included the whole of their

rights. They were not, so to speak, more than the framework of the

latter. Round about their stipulations existed and continued unceasingly

to develop a thick vegetation of rights, usages, and unwritten but none

the less indispensable privileges. This is so true that a number of

charters themselves foresaw and recognized in advance the further

development of city law. The chronicler Galbert informs us that the

Count of Flanders accorded to the burghers of St. Omer in 1127: “_ut die

in diem consuetudinarias leges suas corrigerent_,”--that is to say, the

power of correcting from day to day their municipal laws.[144] There

was, therefore, more in the law of the city than what was contained in

the terms of the charters. They specified merely fragments of it. They

were full of gaps; they were concerned with neither order nor system. We

need not expect to find in them the fundamental principles out of which

came later evolutions, as for example, Roman law evolved from the law of

the Twelve Tables.

Medieval cities · 第 9 / 13 段