Fig. 24.—Philip III., called “the Bold,” in Royal Costume.—From a Miniature in a Manuscript of the Fourteenth Century (Burgundian Library, Brussels).
In France, about the same period, the industrial and trading bourgeoisie had seats in the privy council of St. Louis, and, advancing in letters and science, it gradually obtained possession of all the chairs at the university. As early as the reign of Philip the Bold (Fig. 24), it occupied all the higher positions in the judicature, and hence it assumed a place in the great bailiwicks and parliaments, from which the feudal nobility did not condescend to oust it, and which, after a time, enabled it to offer a successful resistance to the abuse of power on the part of this same nobility, whose authority steadily diminished. Admitted by Philippe-le-Bel to the general assemblies of the nation and to the sessions of the states-general, the bourgeoisie became one of the states, an order of the kingdom, that is, the tiers-état. It absorbed the offices pertaining to the general administration and to finance, it furnished the lower orders of the clergy with most of their distinguished representatives, and the municipalities with the most gifted of their magistrates; it acquired the right of purchasing offices which carried nobility with them, of possessing seignorial domains with high and petty justice, and thus it forced its way like ivy into the crevices of the feudal edifice, which stone by stone crumbled to pieces. Philippe-le-Bel, surnamed the King of the Lawyers—who helped him in a material degree to carry out his designs—showed himself, as a natural consequence, the King of the Commons (tiers-état), and the secret enemy of the Church and the nobility. The latter, valiant and chivalrous, but devoid of forethought, rushing headlong into every kind of adventure, and caring only for deeds of daring and warlike achievements, regardless of their material interests, gradually allowed themselves to be divested of a considerable part of their domains by the bourgeoisie, who lent them money upon mortgage, and by the voués or procureurs, who ruined them. The decadence of their wealth dated from the First Crusade, when they encumbered their estates to pay the expenses of distant expeditions, which they undertook almost entirely at their own cost; and when they wished to recover possession of the properties which they had handed over to some third party, they found them loaded with fresh debts, which had been contracted during their absence, and producing but nominal revenues for want of hands to cultivate the soil. They then were obliged to sell a portion of the property, and that at a great loss. The only resource remaining was the concession of their feudal privileges, and in this way the nobility lost the right of coining money and of exercising justice, while the sovereigns—Philippe-le-Bel in particular—seconded by the bourgeoisie, increased their absolute power.
The massacre of more than six thousand chevaliers at Courtray (1302), by the Flemish militia (Fig. 25), was a heavy blow to the pride of the generous but reckless nobility of France. It was humiliating to these lords to find that the villains knew how to wield the arms which they had been in the habit of making for others; they saw that they possessed the courage and skill needed to win battles, and that henceforward they must be reckoned upon as a force able to take the field as well as formidable when engaged in street riots.
Fig. 25.—Flemish Warrior in the Uniform of the Van Artevelde Militia: Stone Statue formerly in one of the niches in the Belfry at Ghent, now in the Ruins of St. Bavon of Ghent (Fourteenth Century).
In Germany, the fall of the Hohenstaufen family, formerly Dukes of Swabia and Franconia, favoured the enfranchisement of towns; all the cities in these two principalities, hitherto subject to the mediatised lords, reverted to the emperor, who, without any real power over them, left them free to establish the franchise and immunities of a republic. In order to increase their populations, they followed the example of the sovereigns and feudal lords of France and Lombardy in regard to the formation of new towns, establishing around their walls, as feudalism had done outside its donjons, fields of refuge. These were occupied by a host of strangers, who received the designation of Pfahlbürger—citizens of the palisades, or faubourgians, originally sheltered and protected by a wooden barrier. These receded in proportion as the number of inhabitants increased, and according as their trade developed. Many serfs deserted the neighbouring fiefs to seek in these free towns the independence, position, success, and all the advantages which they could not enjoy under the feudal régime. Their lords demanded their extradition by virtue of their feudal rights, accompanying the demand with threats, which were sometimes effectual; but the free towns, not less interested in keeping the fugitive than the latter was in remaining with them, endeavoured to gain time and to favour his retreat until after the expiration of three hundred and sixty-five days, when the right of the lord to his liegeman or vassal ceased.
The imperial towns—which, from the twelfth to the fourteenth century, after having freed themselves from the fetters of feudalism, had risen to such a height of independence that the emperor himself had but a nominal supremacy over them—were Ratisbon, in Bavaria; Augsburg and Ulm, in Swabia; Nuremberg, Spiers, Worms, and Frankfort-on-the-Main, in Franconia; Magdeburg, in Saxony; Hamburg, Bremen, and Lubeck, in the Hanseatic League; Aix-la-Chapelle, Bonn, Cologne, Coblentz, Mayence, Strasburg, and Metz, in the Rhenish and Lotharingian provinces. These towns, essentially industrial and commercial, in which the middle-classes were for the most part supreme, formed vast emporiums, teeming with the products of the north, the south, and the east. They were looked upon as the store-houses and arsenals of Europe. Feudalism, unable to produce anything for itself, was always replenishing from these depôts the resources necessary for equipping and revictualling its armies. From them came the arms and the engines of warfare, as well as the special workmen, the cross-bowmen, the carpenters, the founders, and the artillerymen, who composed the personnel of the artillery at this period. If the free towns had arrived at a common understanding, and formed a pacific league between themselves, they would have presented a serious obstacle to the struggles of the suzerain lords; but their distance from each other, especially those in the centre of Germany, prevented them from coming to such an arrangement. Nor could they, as in England, form an alliance with the feudal nobility, nor, as in France, make common cause with the suzerain. As the emperor left them to act independently, they were obliged to organize their own defence, to contract alliances with some powerful neighbour, and weaken, by dividing them, those enemies whom they deemed stronger than themselves. Thus these free towns never constituted a homogeneous body; they were isolated and spread over a vast extent of territory, being only brought together by feelings of interest and sympathy, but without any mutual tie or political cohesion. The lord with whom they were at war to-day, would enter their service and pay the next, with the title of soldarien; and at times a single town would have as many as two or three hundred of these allies, who were always followed by a swarm of marauders, and who spread desolation throughout the land. The lords who were without fortune, who represented the petty feudalism of the country districts, finding in the service of these towns a means for keeping up their state and paying their followers, passed from one to the other, and only enlisted under the standard of a sovereign prince for want of better employment, for the latter did not as a rule pay so well as these free towns.
From the eleventh to the fourteenth century, the position of the bishop, in point of political influence, did not improve in these free or republican towns, either in England, France, or Germany. Suzerain lord by moral authority, he was only so to a very limited degree (Fig. 26) in respect to his temporal power. He only exercised justice over his vassals, or at most over the members of the secular and inferior clergy, for the canons, the incumbents, and even the deacons, enjoying as they did special immunities, would have appealed, in the event of a dispute or of censure, to their metropolitan archbishop, or even to Rome. It is true that the lay depositaries of municipal authority did not, on their side, take any judicial steps against the ecclesiastics, except in case of conspiracy against the State, which alone rendered them answerable to secular justice. Outside the subordinates of the bishop and the chapter, the episcopal court or tribunal took cognizance of the crimes, the offences, and misdemeanours against religion of which any citizen might be guilty, and also of the heresies, blasphemies, breaking of images, glaring infractions of the commandments of God and of the Church, insults and assaults of the priests, &c. And even in these cases, where the delinquent could plead nobility, and especially when he belonged to the higher classes of feudalism, the jurisdiction of the ecclesiastical tribunals could not reach him. As the nobility could always claim to be judged by their peers, there was rarely any infraction of this feudal principle, and then only where some diocesan bishop or metropolitan was powerful enough to substitute his own will for the customary right.