Karl, Karle (the correct name), or Charlemagne (the more common one), in one of his numerous edicts or capitularies, prescribes as follows to those who received lands, baronies, abbeys, etc., as fiefs or grants: "Et qui nostrum habet beneficium diligentissime prevideat quantum potest Deo donante, ut nullus ex mancipiis (chattels) ad illum pertinentes beneficium fame moriatur, quod superest ultra illius familiæ necessitatem, hoc libere rendat jure prescripto."
Manumissions were promoted, in various ways, by the civil and clerical authorities. Many free yeomen were created from manumitted slaves, as well as from poor vassals or followers. But such were soon impoverished by wars and devastations, and were, from various causes, reduced to the condition of liti and chattels.
Serfdom and slavery were generally more severe in the northern portion of Germany, as Saxony, etc., than in the southern; but in both, the peasantry were crushed, oppressed, and, when it was feasible, enslaved. When Lothair I., grandson of Charlemagne, revolted against his father, Louis the Pious, he appealed for help to the oppressed peasantry, tenants, and chattels.
The centuries of the faustrecht—"right of the fist," that is of the sword, of brute force—soon succeeding all over Germany to Charlemagne's orderly rule, the strongholds of dynasts, barons, nobles and robbers, shot out everywhere like mushrooms; and from them radiated oppressions and exactions of every kind. The ancient practice of ruining the poor freemen and tenants, then transforming them into serfs, and then the serfs into chattels, went on as of old. In proportion as the forests were cleared, however, the baron found he could not profitably work the extensive estates with schalks alone, and that it would be more economical to transform these chattels into serfs, tenants, etc., and establish them on small parcels of his property. This was the first feeble sign of amelioration. Villages formed in this way by dynasts, or princes, and by barons, then received some rudiments of communal, rural organization.
A more powerful engine of emancipation, however, were the cities. In the course of the tenth century, dynasts, princes and emperors began everywhere to found cities, endowing them with various franchises and privileges. The legitimate flow of events, the necessities created by a settled organic existence which could only be supplied by the regular movements of industry and commerce, together with the influence of Gaul, and above all, of Italy, stimulated the German rulers. To the emperor Henry I., of the house of Saxony, belongs the glory of having given the first impulse to commerce, and thus the first blow to chattelhood and serfdom.
The population of the newly-founded cities consisted of inferior people of all kinds—laborers, operatives, small traders, poor freemen, and persons manumitted on condition of residing in the cities—the founders of the cities originally peopling them with their own retainers and with vagabonds of all kinds. Of course no nobles even of the lowest kind became burghers, and thus the first municipal patricians were of very inferior birth. Thus antagonism to barons and feudal nobles generally formed the very cornerstone of the cities.
Among the privileges granted to the first cities was that a serf, schalk, or, in a word, any bondman, seeking refuge in the precincts of a city, became free if not claimed within a year. This respite to the fugitive soon became a common law all over Germany, even between nobles in relation to their fugitive serfs; and the hunter of a fugitive lost caste even among the free masters—freiherrn. When a legal prosecution was attempted, every difficulty, legal and illegal, was thrown in the way of the claimant—the cities willingly resorting to arms for the defence of their right of refuge.
The first Crusades emancipated large numbers of persons, as the taking of the cross was the sign of liberty for serf and for slave. But in Germany as in France, the great and permanent influence of the Crusades on emancipation consisted in their strengthening the cities and impoverishing the nobles, and thus producing a salutary change in internal economic relations.
The wars of the Germans with their neighbors, and above all with the Slavonians, Maghyars, etc., in the tenth and eleventh centuries, again gave vitality to the slave traffic; and war prisoners and captives, not now of their own kindred, but of foreign birth, were brought to the markets for sale.
Nevertheless, chattelhood was slowly dying out, and about the twelfth century but few traces of it remained: prisoners of war began to be ransomed or exchanged, and villeinage, with various services attached, altogether superseded domestic slavery.