[Fig. 20.]--Bourgeois at the End of Thirteenth Century.--Fac-simile of Miniature in Manuscript No. 6820, in the National Library of Paris.

Fortunately for the progress of liberty, the civic bodies, as if they had been providentially warned of the future in store for them, never hesitated to accept from their lords, civil or ecclesiastical, conditions, onerous though they were, which enabled them to exist in the interior of the cities to which they belonged. They formed a sort of small state, almost independent for private affairs, subject to the absolute power of the King, and more or less tied by their customs or agreements with the local nobles. They held public assemblies and elected magistrates, whose powers embraced both the administration of civil and criminal justice, police, finance, and the militia. They generally had fixed and written laws. Protected by ramparts, each possessed a town-hall (hôtel de ville), a seal, a treasury, and a watch-tower, and it could arm a certain number of men, either for its own defence or for the service of the noble or sovereign under whom it held its rights.

In no case could a community such as this exist without the sanction of the King, who placed it under the safeguard of the Crown. At first the kings, blinded by a covetous policy, only seemed to see in the issue of these charters an excellent pretext for extorting money. If they consented to recognise them, and even to help them against their lords, it was on account of the enormous sacrifices made by the towns. Later on, however, they affected, on the contrary, the greatest generosity towards the vassals who wished to incorporate themselves, when they had understood that these institutions might become powerful auxiliaries against the great titulary feudalists; but from the reign of Louis XI., when the power of the nobles was much diminished, and no longer inspired any terror to royalty, the kings turned against their former allies, the middle classes, and deprived them successively of all the prerogatives which could prejudice the rights of the Crown.

The middle classes, it is true, acquired considerable influence afterwards by participation in the general and provincial councils. After having victoriously struggled against the clergy and nobility, in the assemblies of the three states or orders, they ended by defeating royalty itself.

Louis le Gros, in whose orders the style or title of bourgeois first appears (1134), is generally looked upon as the founder of the franchise of communities in France; but it is proved that a certain number of communities or corporations were already formally constituted, before his accession to the throne.

The title of bourgeois was not, however, given exclusively to inhabitants of cities. It often happened that the nobles, with the intention of improving and enriching their domains, opened a kind of asylum, under the attractive title of Free Towns, or New Towns, where they offered, to all wishing to establish themselves, lands, houses, and a more or less extended share of privileges, rights, and liberties. These congregations, or families, soon became boroughs, and the inhabitants, though agriculturists, took the name of bourgeois.

[Fig. 21.]--Costume of a Vilain or Peasant, Fifteenth Century, from a Miniature of "La Danse Macabre," Manuscript 7310 of the National Library of Paris.

There was also a third kind of bourgeois, whose influence on the extension of royal power was not less than that of the others. There were free men who, under the title of bourgeois of the King (bourgeois du Roy), kept their liberty by virtue of letters of protection given them by the King, although they were established on lands of nobles whose inhabitants were deprived of liberty. Further, when a vilain--that is to say, the serf, of a noble--bought a lease of land in a royal borough, it was an established custom that after having lived there a year and a day without being reclaimed by his lord and master, he became a bourgeois of the King and a free man. In consequence of this the serfs and vilains ([Fig. 21]) emigrated from all parts, in order to profit by these advantages, to such a degree, that the lands of the nobles became deserted by all the serfs of different degrees, and were in danger of remaining uncultivated. The nobility, in the interests of their properties, and to arrest this increasing emigration, devoted themselves to improving the condition of persons placed under their dependence, and attempted to create on their domains boroughs analogous to those of royalty. But however liberal these ameliorations might appear to be, it was difficult for the nobles not only to concede privileges equal to those emanating from the throne, but also to ensure equal protection to those they thus enfranchised. In spite of this, however, the result was that a double current of enfranchisement was established, which resulted in the daily diminution of the miserable order of serfs, and which, whilst it emancipated the lower orders, had the immediate result of giving increased weight and power to royalty, both in its own domains and in those of the nobility and their vassals.

These social revolutions did not, of course, operate suddenly, nor did they at once abolish former institutions, for we still find, that after the establishment of communities and corporations, several orders of servitude remained.

At the close of the thirteenth century, on the authority of Philippe de Beaumanoir, the celebrated editor of "Coutumes de Beauvoisis," there were three states or orders amongst the laity, namely, the nobleman ([Fig. 22]), the free man, and the serf. All noblemen were free, but all free men were not necessarily noblemen. Generally, nobility descended from the father and franchise from the mother. But according to many other customs of France, the child, as a general rule, succeeded to the lower rank of his parents. There were two orders of serfs: one rigorously held in the absolute dependence of his lord, to such a degree that the latter could appropriate during his life, or after death if he chose, all he possessed; he could imprison him, ill-treat him as he thought proper, without having to answer to any one but God; the other, though held equally in bondage, was more liberally treated, for "unless he was guilty of some evil-doing, the lord could ask of him nothing during his life but the fees, rents, or fines which he owed on account of his servitude." If one of the latter class of serfs married a free woman, everything which he possessed became the property of his lord. The same was the case when he died, for he could not transmit any of his goods to his children, and was only allowed to dispose by will of a sum of about five sous, or about twenty-five francs of modern money.