The frequent result of these collisions was the refusal of the Frisons to recognize any authority whatever but that of the national judges. Each canton was governed according to its own laws. If a difficulty arose, the deputies of the nation met together on the borders of the Ems, in a place called "the Trees of Upstal" (Upstall-boomen), where three old oaks stood in the middle of an immense plain. In this primitive council-place chieftains were chosen, who, on swearing to maintain the laws and oppose the common enemy, were invested with a limited and temporary authority.
It does not appear that Friesland possessed any large towns, with the exception of Staveren. In this respect the Frisons resembled those ancient Germans who had a horror of shutting themselves up within walls. They lived in a way completely patriarchal; dwelling in isolated cabins, and with habits of the utmost frugality. We read in one of their old histories that a whole convent of Benedictines was terrified at the voracity of a German sculptor who was repairing their chapel. They implored him to look elsewhere for his food; for that he and his sons consumed enough to exhaust the whole stock of the monastery.
In no part of Europe was the good sense of the people so effectively opposed to the unreasonable practices of Catholicism in those days. The Frisons successfully resisted the payment of tithes; and as a punishment (if the monks are to be believed) the sea inflicted upon them repeated inundations. They forced their priests to marry, saying that the man who had no wife necessarily sought for the wife of another. They acknowledged no ecclesiastical decree, if secular judges, double the number of the priests, did not bear a part in it. Thus the spirit of liberty burst forth in all their proceedings, and they were justified in calling themselves Vri-Vriesen, Free-Frisons.
No nation is more interested than England in the examination of all that concerns this remote corner of Europe, so resolute in its opposition to both civil and religious tyranny; for it was there that those Saxon institutions and principles were first developed without constraint, while the time of their establishment in England was still distant. Restrained by our narrow limits, we can merely indicate this curious state of things; nor may we enter on many mysteries of social government which the most learned find a difficulty in solving. What were the rights of the nobles in their connection with these freemen? What ties of reciprocal interest bound the different cantons to each other? What were the privileges of the towns?—These are the minute but important points of detail which are overshadowed by the grand and imposing figure of the national independence. But in fact the emperors themselves, in these distant times, had little knowledge of this province, and spoke of it vaguely, and as it were at random, in their diplomas, the chief monuments of the history of the Middle Ages. The counts of Holland and the apostolic nuncios addressed their acts and rescripts indiscriminately to the nobles, clergy, magistrates, judges, consuls, or commons of Friesland. Sometimes appeared in those documents the vague and imposing title of "the great Frison," applied to some popular leader. All this confusion tends to prove, on the authority of the historians of the epoch, and the charters so carefully collected by the learned, that this question, now so impossible to solve, was even then not rightly understood—what were really those fierce and redoubtable Frisons in their popular and political relations? The fact is, that liberty was a matter so difficult to be comprehended by the writers of those times that Froissart gave as his opinion, about the year 1380, that the Frisons were a most unreasonable race, for not recognizing the authority and power of the great lords.
The eleventh century had been for the Netherlands (with the exception of Friesland and Flanders) an epoch of organization; and had nearly fixed the political existence of the provinces, which were so long confounded in the vast possessions of the empire. It is therefore important to ascertain under what influence and on what basis these provinces became consolidated at that period. Holland and Zealand, animated by the spirit which we may fairly distinguish under the mingled title of Saxon and maritime, countries scarcely accessible, and with a vigorous population, possessed, in the descendants of Thierry I., a race of national chieftains who did not attempt despotic rule over so unconquerable a people. In Brabant, the maritime towns of Berg-op-Zoom and Antwerp formed, in the Flemish style, so many republics, small but not insignificant; while the southern parts of the province were under the sway of a nobility who crushed, trampled on, or sold their vassals at their pleasure or caprice. The bishopric of Liege offered also the same contrast; the domains of the nobility being governed with the utmost harshness, while those prince-prelates lavished on their plebeian vassals privileges which might have been supposed the fruits of generosity, were it not clear that the object was to create an opposition in the lower orders against the turbulent aristocracy, whom they found it impossible to manage single-handed. The wars of these bishops against the petty nobles, who made their castles so many receptacles of robbers and plunder, were thus the foundation of public liberty. And it appears tolerably certain that the Paladins of Ariosto were in reality nothing more than those brigand chieftains of the Ardennes, whose ruined residences preserve to this day the names which the poet borrowed from the old romance writers. But in all the rest of the Netherlands, excepting the provinces already mentioned, no form of government existed, but that fierce feudality which reduced the people into serfs, and turned the social state of man into a cheerless waste of bondage.
It was then that the Crusades, with wild and stirring fanaticism, agitated, in the common impulse given to all Europe, even those little states which seemed to slumber in their isolated independence. Nowhere did the voice of Peter the Hermit find a more sympathizing echo than in these lands, still desolated by so many intestine struggles. Godfrey of Bouillon, duke of Lower Lorraine, took the lead in this chivalric and religious frenzy. With him set out the counts of Hainault and Flanders; the latter of whom received from the English crusaders the honorable appellation of Fitz St. George. But although the valor of all these princes was conspicuous, from the foundation of the kingdom of Jerusalem by Godfrey of Bouillon in 1098, until that of the Latin empire of Constantinople by Baldwin of Flanders in 1203, still the simple gentlemen and peasants of Friesland did not less distinguish themselves. They were, on all occasions, the first to mount the breach or lead the charge; and the pope's nuncio found himself forced to prohibit the very women of Friesland from embarking for the Holy Land—so anxious were they to share the perils and glory of their husbands and brothers in combating the Saracens.
The outlet given by the crusaders to the overboiling ardor of these warlike countries was a source of infinite advantage to their internal economy; under the rapid progress of civilization, the population increased and the fields were cultivated. The nobility, reduced to moderation by the enfeebling consequences of extensive foreign wars, became comparatively impotent in their attempted efforts against domestic freedom. Those of Flanders and Brabant, also, were almost decimated in the terrible battle of Bouvines, fought between the Emperor Othon and Philip Augustus, king of France. On no occasion, however, had this reduced but not degenerate nobility shown more heroic valor. The Flemish knights, disdaining to mount their horses or form their ranks for the repulse of the French cavalry, composed of common persons, contemptuously received their shock on foot and in the disorder of individual resistance. The brave Buridan of Ypres led his comrades to the fight, with the chivalric war-cry, "Let each now think of her he loves!" But the issue of this battle was ruinous to the Belgians, in consequence of the bad generalship of the emperor, who had divided his army into small portions, which were defeated in detail.
While the nobility thus declined, the towns began rapidly to develop the elements of popular force. In 1120, a Flemish knight who might descend so far as to marry a woman of the plebeian ranks incurred the penalty of degradation and servitude. In 1220, scarcely a serf was to be found in all Flanders. The Countess Jane had enfranchised all those belonging to her as early as 1222. In 1300, the chiefs of the gilden, or trades, were more powerful than the nobles. These dates and these facts must suffice to mark the epoch at which the great mass of the nation arose from the wretchedness in which it was plunged by the Norman invasion, and acquired sufficient strength and freedom to form a real political force. But it is remarkable that the same results took place in all the counties or dukedoms of the Lowlands precisely at the same period. In fact, if we start from the year 1200 on this interesting inquiry, we shall see the commons attacking, in the first place, the petty feudal lords, and next the counts and the dukes themselves, often as justice was denied them. In 1257, the peasants of Holland and the burghers of Utrecht proclaimed freedom and equality, drove out the bishop and the nobles, and began a memorable struggle which lasted full two hundred years. In 1260, the townspeople of Flanders appealed to the king of France against the decrees of their count, who ended the quarrel by the loss of his county. In 1303, Mechlin and Louvain, the chief towns of Brabant, expelled the patrician families. A coincidence like this cannot be attributed to trifling or partial causes, such as the misconduct of a single count, or other local evil; but to a great general movement in the popular mind, the progress of agriculture and industry in the whole country, superinducing an increase of wealth and intelligence, which, when unrestrained by the influence of a corrupt government, must naturally lead to the liberty and the happiness of a people.
The weaving of woollen and linen cloths was one of the chief sources of this growing prosperity. A prodigious quantity of cloth and linen was manufactured in all parts of the Netherlands. The maritime prosperity acquired an equal increase by the carrying trade, both in imports and exports. Whole fleets of Dutch and Flemish merchant ships repaired regularly to the coasts of Spain and Languedoc. Flanders was already become the great market for England and all the north of Europe. The great increase of population forced all parts of the country into cultivation; so much so, that lands were in those times sold at a high price, which are to-day left waste from imputed sterility.
Legislation naturally followed the movements of those positive and material interests. The earliest of the towns, after the invasion of the Normans, were in some degree but places of refuge. It was soon however, established that the regular inhabitants of these bulwarks of the country should not be subjected to any servitude beyond their care and defence; but the citizen who might absent himself for a longer period than forty days was considered a deserter and deprived of his rights. It was about the year 1100 that the commons began to possess the privilege of regulating their internal affairs; they appointed their judges and magistrates, and attached to their authority the old custom of ordering all the citizens to assemble or march when the summons of the feudal lord sounded the signal for their assemblage or service. By this means each municipal magistracy had the disposal of a force far superior to those of the nobles, for the population of the towns exceeded both in number and discipline the vassals of the seigniorial lands. And these trained bands of the towns made war in a way very different from that hitherto practiced; for the chivalry of the country, making the trade of arms a profession for life, the feuds of the chieftains produced hereditary struggles, almost always slow, and mutually disastrous. But the townsmen, forced to tear themselves from every association of home and its manifold endearments, advanced boldly to the object of the contest; never shrinking from the dangers of war, from fear of that still greater to be found in a prolonged struggle. It is this that it may be remarked, during the memorable conflicts of the thirteenth century, that when even the bravest of the knights advised their counts or dukes to grant or demand a truce, the citizen militia never knew but one cry—"To the charge!"