A Castle on the Rhine with a Village below it

The communes.

In France the citizens organized themselves into what were called communes, or unions for the purpose of gaining their independence. This word commune appeared a new and detestable one to the lords, for, to their minds, it was merely another name for a company of serfs leagued against their masters. The nobles sometimes put down the insurrections of their townsmen with great cruelty. On the other hand, the lords often realized that they would increase the prosperity of their towns by granting them freedom from arbitrary taxation and the right to govern themselves. In England the towns gained their privileges more gradually by purchasing them from the lords.

Town charters.

The town charters were written contracts between the lord and the commune or the guild of merchants of a town. The charter served at once as the certificate of birth of the town and as its constitution. It contained a promise on the part of the lord or king to recognize the existence of the guild of merchants. It limited the rights of the lord in calling the townsmen before his court and fining them, and enumerated the taxes which he might exact from the townspeople. The old dues and services were either abolished or changed into money payments.

King Henry II of England promised the inhabitants of Wallingford that "wheresoever they shall go on their journeys as merchants through my whole land of England and Normandy, Aquitaine and Anjou, 'by water and by strand, by wood and by land,' they shall be free from toll and passage fees and from all customs and exactions; nor are they to be troubled in this respect by anyone under penalty of ten pounds." In the case of the town of Southampton he concedes "that my men of Hampton shall have and hold their guild and all their liberties and customs, by land and by sea, in as good, peaceable, just, free, quiet, and honorable a manner as they had the same most freely and quietly in the time of King Henry, my grandfather; and let no one upon this do them any injury or insult."

Customs revealed in the charters.

The customs of the times, as revealed in the charters, seem to us very primitive. We find in the charter of the French town of St. Omer, in 1168, provisions like the following: He who shall commit a murder in the town shall not find an asylum anywhere within the walls. If he shall seek to escape punishment by flight, his buildings shall be torn down and his goods confiscated; nor may he come back into the town unless he be first reconciled with the relations of his victim and pay ten pounds, of which a half shall go to the lord's representatives and the other half to the commune, to be spent on its fortifications. He who strikes another one in the town shall pay one hundred sous; he who pulls out the hair of another shall pay forty sous, etc.

A Mediæval Town, Siegen