In ancient cities, which existed prior to the Germanic invasions, the population, after the scourge had passed, was composed principally of three elements: 1. Free men of the conquering races, who were poor, and had embraced some mechanical pursuit; 2. The remnants of the Roman population, who followed some trade; 3. Freedmen from the rural districts, who, unable to gain a livelihood in the country, had come to reside in the cities, where they could more easily subsist.
Thus, besides the feudal lords and the class of villeins, there was formed everywhere a third class, that of arts and trades.
The juridical power being restricted to the lords, whose rights extended only to the land and the men attached to it, the class of artisans found themselves destitute of legal rights, without a recognition or place even in the jurisprudence, as then existing, consequently in a practically anarchical state. Hence, they formed among themselves their own associations, elected their own magistrates, enacted their own by-laws.
In the cities we have mentioned, the bishop alone held social relations with the lords, whether the feudal chieftain of the vicinity, or the Count of the city. Thus, the bishop often acted as the mediator between the citizens and the privileged class which surrounded them. The great object of the citizens was to obtain a charter of rights from the suzerain, who alone could act with justice and impartiality toward those disfranchised burghers. To this was owed the immense number of charters granted at that time, many of which, lately published, tend better than any thing else to give us an insight into the origin of municipal life in mediaeval Europe.
New cities, either founded by the invaders or springing up of themselves around feudal castles and monasteries, soon experienced the necessity of similar favors, which, as soon as obtained, invested them with a social status unenjoyed before.
The number of freemen, reduced to poverty, or of recent freedmen - freed by the emancipation everywhere set on foot and encouraged by the Church - extended the spread of communes even to the rural districts. Thus, many villages or small towns grew into corporations, and a social state arose, hitherto totally unknown in Europe.
The question has been much discussed, whether those new municipal corporations owed their origin to the municipal system of the Romans, or were altogether disconnected with it. The opinion commonly now accepted is, that the two systems were utterly distinct. In some few instances, a particular Roman municipal city may have passed into a mediaeval corporate town under a new charter and with extended rights; but this was certainly the exception. In the great majority of cases, the newly-chartered cities had never before enjoyed municipal rights.
These few words suffice to show that the communes, wherever they arose, presupposed the existence of feudalism, and the slavery once so widely extended, passing gradually into serfdom.
But neither feudalism nor slavery, in the old pagan sense of the word, nor even serfdom, properly so called, as the doom of the ascripti glebae, ever existed in Ireland. There was, therefore, no need among the Irish for the rising of communes.
Nevertheless, we do find communes existing in Ireland and charters granted to Irish cities by English kings. But they were merely English institutions for the special benefit of the English of the Pale, which were always refused to "the Irish enemy," and which the "Irish enemy," with the exception of a few individual cases, never demanded. Consequently the fact stands almost universally true that the rising of the communes never extended to Ireland, and that, if the Irish never enjoyed the benefit of them, as little did they share in the evil consequences resulting from them.