In many towns Henry V. deprived the bishop of his temporal authority, and formed the burgesses into companies or guilds according to the nature of their manual occupation, a custom that was immediately imitated and adopted in other commercial countries. The bourgeoisie, organized in this manner into distinct groups, soon elected councils among themselves, the members of which, under the rule of senators, prud’hommes, bonshommes, echevins, and jurymen, began by assisting the representative of the imperial authority, whether duke, count, judge, or bishop, and ended by exercising a special and independent authority of their own, not over the vassals, but over citizens and commoners.

It will be asked, what then was the commune which had established itself with more or less effort and sacrifice in the principal parts of Europe? and further, as the commune had succeeded in one way or another in establishing itself, what privileges or immunities remained to the feudal lord, whether clerical or lay? Guilbert de Nogent, the open adversary of communal institutions, will perhaps give the best answer to these inquiries: “Those who pay taxes now pay only once a year the rent they owe to their seignior. If they commit some misdemeanour they have at the most to pay a fine, the amount of which is legally fixed; as for the moneys that were wont to be levied from the serfs, they are now quite exempt from them.” Guilbert de Nogent might have indicated other victories obtained by the bourgeois, victories that were still more important in their moral influence, and which sooner or later were destined to change the face of society. As for the more intelligent seigniors who better understood their own personal interest, as well as the logical results of a paternal administration, they attempted to favour the instinctive movement of the rural populations, who, to shield themselves from the tyranny, the exactions, and the bad treatment of their feudal masters, were in the habit of seeking shelter and protection from some lord more humane or more politic than the rest, and who used, on the faith of a communal charter, to settle beside the ramparts of some seignorial manor (Fig. 22), around some loopholed church, or in the shade of some fortified monastery.

Fig. 22.—Seal of the Lord of Corbeil (1196).—National Archives of France.

The seignior in these cases was the gainer of so many able-bodied men, either artisans or agriculturists, but soldiers in case of need; and he was the gainer, moreover, in matters of revenue and influence.

It can easily be understood that in those times many charters were drawn up similar to the following, which is worth quoting as a type: “I, Henry, Count of Troyes, make known to all present and to come, that I have established the undermentioned rules for the inhabitants of my new town (in the neighbourhood of Pont-sur-Seine) between the bridges of Pugny. Every man inhabiting the said town shall pay every year twelve deniers and a measure of oats as the price of his dwelling, and if he desires to hold a portion of land or meadow, he must pay four deniers yearly for every acre. The houses, vines, and fields may be sold or alienated at the pleasure of the holder. The men who reside in the said town shall go neither to the ost (an army in the field), nor shall they join any expedition unless I myself am at their head. I hereby allow them, moreover, to have six aldermen to administer the ordinary business of the town and to assist my provost in his duties. I have decreed that no seignior, be he knight or other, shall be allowed to withdraw from the town any of the men inhabitants for any reason whatsoever, unless such be his own men, or unless he owe the seignior any arrears of taxes.—Given at Provins, in the year of the Incarnation, 1175.” This name of Ville-neuve, which is so often found repeated in the charters and deeds of the Middle Ages, as, for example, Ville-neuve-l’Etang, Ville-neuve-Saint-George, Ville-neuve-le-Roi, Ville-neuve-lez-Avignon, &c., is evidence of what was an ordinary event in the twelfth century, namely, the creation of a free town, enfranchised from its birth, and subject to some small and insignificant payments to the seignior, and whose inhabitants, but yesterday serfs or villains, were now proprietors of portions of the soil, which they might dispose of or bequeath, either by gift or by testamentary disposition, under the immediate protection of their nominal seignior.

Fig. 23.—Ferrand of Portugal, Count of Flanders, made Prisoner at the Battle of Bouvines, and taken to Paris: “The Clergy and Laity singing Hymns and Songs.”—Fac-simile of a Miniature in the “Chroniques de Hainaut,” Manuscript of the Fifteenth Century (Burgundian Library, Brussels).

Some ancient towns of the royal domains of France, such as Paris, Orleans, Meaux, Senlis, and others, which do not seem to have preserved the least trace of Roman institutions, always excepting the company of the Nautes Parisiennes, who were the true founders of the ancient municipality of Paris, were each governed by a provost, who was the officer and lieutenant of the king, their seignior, and they further enjoyed certain special liberties and privileges. In 1137, Louis VII., at the suggestion of his minister, Suger, forbade his provost and officers to annoy the burgesses in any manner whatsoever, and fixed the amount of their taxation himself. Ten years later, the same sovereign abolished the right of mortmain, repressed the abuses of the fiscal taxes, instituted a judicial system, and greatly encouraged commerce. It was not as king, but as seignior suzerain, that Louis VII. acted in this manner. The French, bourgeoisie was at this time of but recent origin; it had sprung from a triumphant villanage, and was beginning to form a new branch, from which was to issue, a few centuries later, the third estate. Legal jurisdiction and the right of coinage, feudal privileges of which the royal suzerain had always been very jealous, were favours it then but seldom enjoyed. Philip-Augustus understood better than his predecessors the interests of the royal power, for he graciously granted seventy-eight communal charters; he was rewarded by the effectual assistance the communal levies afforded him at the battle of Bouvines (1214), when he was fortunate enough to overthrow the coalition that foreign feudalism had formed with his rebellious great vassals. He forced the latter to return to their duty, and one of them, the Count of Flanders, remained twelve years a prisoner in the principal tower of the Louvre (Fig. 23). Philip-Augustus had not shrunk from granting a legal constitution to the bourgeoisie of Paris and the principal towns, in opposition to the feudal nobility.

The communal movement, a natural development of the legal rights introduced by the Franks, was scarcely felt in England. Already, long before the Norman Conquest, under the Anglo-Saxon rule, many busy towns, wealthy and populous, such as Canterbury, London, Oxford, and York, took a share in public affairs, a limited share, it is true, but one sufficient for their wellbeing and prosperity. The victorious invasion of William of Normandy, so fatal to the whole country, was still more so to the large towns, which were compelled to behold their own material ruin, the sequestration and confiscation of their property, the dispersion and infeudation of their inhabitants, their agriculturists and their farmers. Unable any longer to invoke the protection of an easy-natured sovereign, they were forced to bow their heads beneath the sway of strangers, lucky adventurers, bold, exacting, despotic, and cruel men, believing in no faith and obeying no law, the very dregs of French feudalism. King Henry I., the third son of William the Conqueror, after many sanguinary struggles, in which his barons were not found wanting in fealty to him, granted them the celebrated charter called Magna Charta—usually, though, erroneously, considered the fundamental origin of English liberties, which, however, really dated from a prior period; at the same time (1132) he released the burgesses of London from the lamentable state of degradation in which they had existed since the Conquest. In the reign of Henry II.—an administrative and judicial reformer—not in England alone, but in those parts of Scotland and Ireland which he had conquered (1154–1182), the inhabitants of many towns acquired the right to purchase the freehold of the soil they occupied, and to free themselves from several special taxes by paying a fixed sum to the feudal lord. Thenceforward arose that haughty bourgeoisie, with which the barons had soon to reckon, a class which John Lackland favoured proportionately as he dreaded the continual rebellions of the feudal seigniors. Twice was Prince Louis, the son of Philip-Augustus, summoned by the Anglo-Norman barons to cross the channel with an army to force the English king to fulfil the clauses of the charters he had granted to his great vassals (1215–1216); on the other hand, the towns and communes, grown rich and powerful, thanks to the privileges which had been granted to them as well as to the intelligent activity of their manufactures, forced the nobles to respect them. The latter no longer attempted to compel assistance, but solicited it, often even humbly, so that the communes and the landed aristocracy held an equal position in the feudal hierarchy. The title of noble and baron, bestowed on the leading citizens of London and the Cinque Ports, raised the middle-class to a higher position. Indeed, to enable it, already powerful by its wealth and by its alliances, to become a political body, it only needed the privilege of sending representatives to parliament, a privilege which was granted in 1264 to the principal towns of the kingdom.