CHAPTER XVI
The Great Charter—The Belfry and the Tower of Notre Dame
STRANGE as it may seem, not only during the civil conflicts in the early days of Guy’s reign, but during the turmoil and warfare which succeeded them, Bruges increased alike in prosperity, and comeliness, and might. True, she lost her charters when the belfry was burned down in 1280. Some said that the Count himself had fired it with a view to their destruction, and the new law which Guy had promulgated on May 25, 1281, as the burghers bitterly complained to the French King, was not worthy of the name of law, ‘seeing that amongst other errors it ordained that criminals, in certain cases, should not be served with notice of trial nor suffered to state their defence, and that all the ancient rights and liberties of the city were either abrogated or curtailed.’ Nevertheless, when Guy was hard pressed by Philippe le Bel, in order to conciliate the burghers he had re-established the ancient charter, and when in 1297 Philippe annexed Flanders, he, in his turn, confirmed it. Finally, after the expulsion of the French in 1304, one of Guy’s sons, Philip of Thielt, who was at that time carrying on the government in the name of his captive father, filled with gratitude at the part which Bruges had taken, granted her a new and most liberal charter, in which all her old liberties were confirmed and even extended. This charter was probably drawn up by the sheriffs of Bruges themselves. When Robert of Bethune ascended the throne, in 1305, he at once confirmed it. Every succeeding Count, when he first entered the city, solemnly swore to maintain it intact, and it remained the fundamental basis of the civil and criminal law of Bruges until 1619.
The charter in question contains seventy articles, forty-eight of which deal with criminal law, and the remainder with civil law. Many of them express a breadth of view and liberality of spirit which, considering the epoch at which they were drawn up, is not a little surprising. Gheldorf in his Ville de Bruges (p. 321, etc.) gives the whole document in the original Flemish.
Note, amongst not a few prudent enactments, Article 33. It is so interesting, and denotes so clearly what progress Bruges had now made in the paths of law and order, that we cannot pass it over in silence. By it the citizen of Bruges was entirely set free from the superstitious and barbarous obligation of trial by battle. Henceforth, any man convicted of sending a challenge to a burgher was liable to a fine of sixty livres, in these days no small sum.
If such challenge had been accepted, half of the fine went to the Count, and half to the town, and the challenged burgher was also mulcted in a similar sum; if, however, he had refused the challenge he himself received a quarter of the fine, and, in that case, the Count received his full thirty livres, and the town only fifteen. Any man amenable to the city magistrates, who had lived for a year and a day within the limits of the city franchise and paid his taxes, was considered a citizen.
There were, no doubt, a number of persons living in Bruges who were not amenable to the city magistrates. The feudal lords, for example, though it was open to them, if they would, to enrol themselves as citizens, and not a few availed themselves of the privilege; persons submitted to the jurisdiction of the Franc; perhaps also the members of the Count’s household, and the members of religious communities; and we know that from time immemorial there had been a large colony of foreign merchants in Bruges.
The municipal machinery by which the city was governed seems to have been, at this time, at all events, of a somewhat complicated nature. There were two distinct corporations, each presided over by its burgomaster.
The first consisted of the écoutète, or representative of the Count, the burgomaster and thirteen Echevins, who, according to Gheldorf, were the sole judges in Bruges. The manner of their appointment is uncertain; but we know that, save in the case of their having been convicted of felony or of having falsely administered justice, they were irremovable during the single year which they held office, and that convicted criminals, artisans who had not abstained from manual labour for a year and a day, and the Echevins of the preceding year, were ineligible.