Self-jurisdiction was the essential point, and self-jurisdiction meant self-administration. But the commune was not simply an "autonomous" part of the State—such ambiguous words had not yet been invented by that time—it was a State in itself. It had the right of war and peace, of federation and alliance with its neighbours. It was sovereign in its own affairs, and mixed with no others. The supreme political power could be vested entirely in a democratic forum, as was the case in Pskov, whose vyeche sent and received ambassadors, concluded treaties, accepted and sent away princes, or went on without them for dozens of years; or it was vested in, or usurped by, an aristocracy of merchants or even nobles, as was the case in hundreds of Italian and middle European cities. The principle, nevertheless, remained the same: the city was a State and—what was perhaps still more remarkable—when the power in the city was usurped by an aristocracy of merchants or even nobles, the inner life of the city and the democratism of its daily life did not disappear: they depended but little upon what may be called the political form of the State.

The secret of this seeming anomaly lies in the fact that a medieval city was not a centralized State. During the first centuries of its existence, the city hardly could be named a State as regards its interior organization, because the middle ages knew no more of the present centralization of functions than of the present territorial centralization. Each group had its share of sovereignty. The city was usually divided into four quarters, or into five to seven sections radiating from a centre, each quarter or section roughly corresponding to a certain trade or profession which prevailed in it, but nevertheless containing inhabitants of different social positions and occupations—nobles, merchants, artisans, or even half-serfs; and each section or quarter constituted a quite independent agglomeration. In Venice, each island was an independent political community. It had its own organized trades, its own commerce in salt, its own jurisdiction and administration, its own forum; and the nomination of a doge by the city changed nothing in the inner independence of the units.(42) In Cologne, we see the inhabitants divided into Geburschaften and Heimschaften (viciniae), i.e. neighbour guilds, which dated from the Franconian period. Each of them had its judge (Burrichter) and the usual twelve elected sentence-finders (Schoffen), its Vogt, and its greve or commander of the local militia.(43) The story of early London before the Conquest—Mr. Green says—is that "of a number of little groups scattered here and there over the area within the walls, each growing up with its own life and institutions, guilds, sokes, religious houses and the like, and only slowly drawing together into a municipal union."(44) And if we refer to the annals of the Russian cities, Novgorod and Pskov, both of which are relatively rich in local details, we find the section (konets) consisting of independent streets (ulitsa), each of which, though chiefly peopled with artisans of a certain craft, had also merchants and landowners among its inhabitants, and was a separate community. It had the communal responsibility of all members in case of crime, its own jurisdiction and administration by street aldermen (ulichanskiye starosty), its own seal and, in case of need, its own forum; its own militia, as also its self-elected priests and its, own collective life and collective enterprise.(45)

The medieval city thus appears as a double federation: of all householders united into small territorial unions—the street, the parish, the section—and of individuals united by oath into guilds according to their professions; the former being a produce of the village-community origin of the city, while the second is a subsequent growth called to life by new conditions.

To guarantee liberty, self-administration, and peace was the chief aim of the medieval city; and labour, as we shall presently see when speaking of the craft guilds, was its chief foundation. But "production" did not absorb the whole attention of the medieval economist. With his practical mind, he understood that "consumption" must be guaranteed in order to obtain production; and therefore, to provide for "the common first food and lodging of poor and rich alike" (gemeine notdurft und gemach armer und richer(46)) was the fundamental principle in each city. The purchase of food supplies and other first necessaries (coal, wood, etc.) before they had reached the market, or altogether in especially favourable conditions from which others would be excluded—the preempcio, in a word—was entirely prohibited. Everything had to go to the market and be offered there for every one's purchase, till the ringing of the bell had closed the market. Then only could the retailer buy the remainder, and even then his profit should be an "honest profit" only.(47) Moreover, when corn was bought by a baker wholesale after the close of the market, every citizen had the right to claim part of the corn (about half-a-quarter) for his own use, at wholesale price, if he did so before the final conclusion of the bargain; and reciprocally, every baker could claim the same if the citizen purchased corn for re-selling it. In the first case, the corn had only to be brought to the town mill to be ground in its proper turn for a settled price, and the bread could be baked in the four banal, or communal oven.(48) In short, if a scarcity visited the city, all had to suffer from it more or less; but apart from the calamities, so long as the free cities existed no one could die in their midst from starvation, as is unhappily too often the case in our own times.

However, all such regulations belong to later periods of the cities' life, while at an earlier period it was the city itself which used to buy all food supplies for the use of the citizens. The documents recently published by Mr. Gross are quite positive on this point and fully support his conclusion to the effect that the cargoes of subsistences "were purchased by certain civic officials in the name of the town, and then distributed in shares among the merchant burgesses, no one being allowed to buy wares landed in the port unless the municipal authorities refused to purchase them. This seem—she adds—to have been quite a common practice in England, Ireland, Wales and Scotland."(49) Even in the sixteenth century we find that common purchases of corn were made for the "comoditie and profitt in all things of this…. Citie and Chamber of London, and of all the Citizens and Inhabitants of the same as moche as in us lieth"—as the Mayor wrote in 1565.(50) In Venice, the whole of the trade in corn is well known to have been in the hands of the city; the "quarters," on receiving the cereals from the board which administrated the imports, being bound to send to every citizen's house the quantity allotted to him.(51) In France, the city of Amiens used to purchase salt and to distribute it to all citizens at cost price;(52) and even now one sees in many French towns the halles which formerly were municipal depots for corn and salt.(53) In Russia it was a regular custom in Novgorod and Pskov.

The whole matter relative to the communal purchases for the use of the citizens, and the manner in which they used to be made, seems not to have yet received proper attention from the historians of the period; but there are here and there some very interesting facts which throw a new light upon it. Thus there is, among Mr. Gross's documents, a Kilkenny ordinance of the year 1367, from which we learn how the prices of the goods were established. "The merchants and the sailors," Mr. Gross writes, "were to state on oath the first cost of the goods and the expenses of transportation. Then the mayor of the town and two discreet men were to name the price at which the wares were to be sold." The same rule held good in Thurso for merchandise coming "by sea or land." This way of "naming the price" so well answers to the very conceptions of trade which were current in medieval times that it must have been all but universal. To have the price established by a third person was a very old custom; and for all interchange within the city it certainly was a widely-spread habit to leave the establishment of prices to "discreet men"—to a third party—and not to the vendor or the buyer. But this order of things takes us still further back in the history of trade—namely, to a time when trade in staple produce was carried on by the whole city, and the merchants were only the commissioners, the trustees, of the city for selling the goods which it exported. A Waterford ordinance, published also by Mr. Gross, says "that all manere of marchandis what so ever kynde thei be of … shal be bought by the Maire and balives which bene commene biers [common buyers, for the town] for the time being, and to distribute the same on freemen of the citie (the propre goods of free citisains and inhabitants only excepted)." This ordinance can hardly be explained otherwise than by admitting that all the exterior trade of the town was carried on by its agents. Moreover, we have direct evidence of such having been the case for Novgorod and Pskov. It was the Sovereign Novgorod and the Sovereign Pskov who sent their caravans of merchants to distant lands.

We know also that in nearly all medieval cities of Middle and Western Europe, the craft guilds used to buy, as a body, all necessary raw produce, and to sell the produce of their work through their officials, and it is hardly possible that the same should not have been done for exterior trade—the more so as it is well known that up to the thirteenth century, not only all merchants of a given city were considered abroad as responsible in a body for debts contracted by any one of them, but the whole city as well was responsible for the debts of each one of its merchants. Only in the twelfth and thirteenth century the towns on the Rhine entered into special treaties abolishing this responsibility.(54) And finally we have the remarkable Ipswich document published by Mr. Gross, from which document we learn that the merchant guild of this town was constituted by all who had the freedom of the city, and who wished to pay their contribution ("their hanse") to the guild, the whole community discussing all together how better to maintain the merchant guild, and giving it certain privileges. The merchant guild of Ipswich thus appears rather as a body of trustees of the town than as a common private guild.

In short, the more we begin to know the mediaeval city the more we see that it was not simply a political organization for the protection of certain political liberties. It was an attempt at organizing, on a much grander scale than in a village community, a close union for mutual aid and support, for consumption and production, and for social life altogether, without imposing upon men the fetters of the State, but giving full liberty of expression to the creative genius of each separate group of individuals in art, crafts, science, commerce, and political organization. How far this attempt has been successful will be best seen when we have analyzed in the next chapter the organization of labour in the medieval city and the relations of the cities with the surrounding peasant population.

NOTES:

1. W. Arnold, in his Wanderungen und Ansiedelungen der deutschen Stamme, p. 431, even maintains that one-half of the now arable area in middle Germany must have been reclaimed from the sixth to the ninth century. Nitzsch (Geschichte des deutschen Volkes, Leipzig, 1883, vol. i.) shares the same opinion.