they instituted their "co-jurations," their "fraternities," their "friendships," united in one common idea, and boldly marching towards a new life of mutual support and liberty. And they succeeded so well that in three or four hundred years they had changed the very face of Europe. They had covered the country with beautiful sumptuous buildings, expressing the genius of free unions of free men, unrivalled since for their beauty and expressiveness; and they bequeathed to the following generations all the arts, all the industries, of which our present civilization, with all its achievements and promises for the future, is only a further development. And when we now look to the forces which have produced these grand results, we find them--not in the genius of individual heroes, not in the mighty organization of huge States or the political capacities of their rulers, but in the very same current of mutual aid and support which we saw at work in the village community, and which was vivified and reinforced in the Middle Ages by a new form of unions, inspired by the very same spirit but shaped on a new model--the guilds.
It is well known by this time that feudalism did not imply a dissolution of the village community. Although the lord had succeeded in imposing servile labour upon the peasants, and had appropriated for himself such rights as were formerly vested in the village community alone (taxes, mortmain, duties on inheritances and marriages), the peasants had, nevertheless, maintained the two fundamental rights of their communities: the common possession of the land, and self-jurisdiction. In olden times, when a king sent his vogt to a village, the peasants received him with flowers in one hand and arms in the other, and asked him--which law he intended to apply: the one he found in the village, or the one he brought with him? And, in the first case, they handed him the flowers and accepted him; while in the second case they fought him.(13) Now, they accepted the king's or the lord's official whom they could not refuse; but they maintained the folkmote's jurisdiction, and themselves nominated six, seven, or twelve judges, who acted with the lord's judge, in the presence of the folkmote, as arbiters and sentence-finders. In most cases the official had nothing left to him but to confirm the sentence and to levy the customary fred. This precious right of self-jurisdiction, which, at that time, meant self-administration and self-legislation, had been maintained through all the struggles; and even the lawyers by whom Karl the Great was surrounded could not abolish it; they were bound to confirm it. At the same time, in all matters concerning the community's domain, the folkmote retained its supremacy and (as shown by Maurer) often claimed submission from the lord himself in land tenure matters. No growth of feudalism could break this resistance; the village community kept its ground; and when, in the ninth and tenth centuries, the invasions of the Normans, the Arabs, and the Ugrians had demonstrated that military scholae were of little value for protecting the land, a general movement began all over Europe for fortifying the villages with stone walls and citadels. Thousands of fortified centres were then built by the energies of the village communities; and, once they had built their walls, once a common interest had been created in this new sanctuary--the town walls--they soon understood that they could henceforward resist the encroachments of the inner enemies, the lords, as well as the invasions of foreigners. A new life of freedom began to develop within the fortified enclosures. The medieval city was born.(14) No period of history could better illustrate the constructive powers of the popular masses than the tenth and eleventh centuries, when the fortified villages and market-places, representing so many "oases amidst the feudal forest," began to free themselves from their lord's yoke, and slowly elaborated the future city organization; but, unhappily, this is a period about which historical information is especially scarce: we know the results, but little has reached us about the means by which they were achieved. Under the protection of their walls the cities' folkmotes--either quite independent, or led by the chief noble or merchant families--conquered and maintained the right of electing the military defensor and supreme judge of the town, or at least of choosing between those who pretended to occupy this position. In Italy the young communes were continually sending away their defensors or domini, fighting those who refused to go. The same went on in the East. In Bohemia, rich and poor alike (Bohemicae gentis magni et parvi, nobiles et ignobiles) took part in the election;(15) while, the vyeches (folkmotes) of the Russian cities regularly elected their dukes--always from the same Rurik family--covenanted with them, and sent the knyaz away if he had provoked discontent.(16) At the same time in most cities of Western and Southern Europe, the tendency was to take for defensor a bishop whom the city had elected itself; and so many bishops took the lead in protecting the "immunities" of the towns and in defending their liberties, that numbers of them were considered, after their death, as saints and special patrons of different cities. St. Uthelred of Winchester, St. Ulrik of Augsburg, St. Wolfgang of Ratisbon, St. Heribert of Cologne, St. Adalbert of Prague, and so on, as well as many abbots and monks, became so many cities' saints for having acted in defence of popular rights.(17) And under the new defensors, whether laic or clerical, the citizens conquered full self-jurisdiction and self-administration for their folkmotes.(18) The whole process of liberation progressed by a series of imperceptible acts of devotion to the common cause, accomplished by men who came out of the masses--by unknown heroes whose very names have not been preserved by history. The wonderful movement of the God's peace (treuga Dei) by which the popular masses endeavoured to put a limit to the endless family feuds of the noble families, was born in the young towns, the bishops and the citizens trying to extend to the nobles the peace they had established within their town walls.(19) Already at that period, the commercial cities of Italy, and especially Amalfi (which had its elected consuls since 844, and frequently changed its doges in the tenth century)(20) worked out the customary maritime and commercial law which later on became a model for all Europe; Ravenna elaborated its craft organization, and Milan, which had made its first revolution in 980, became a great centre of commerce, its trades enjoying a full independence since the eleventh century.(21) So also Brugge and Ghent; so also several cities of France in which the Mahl or forum had become a quite independent institution.(22) And already during that period began the work of artistic decoration of the towns by works of architecture, which we still admire and which loudly testify of the intellectual movement of the times. "The basilicae were then renewed in almost all the universe," Raoul Glaber wrote in his chronicle, and some of the finest monuments of medieval architecture date from that period: the wonderful old church of Bremen was built in the ninth century, Saint Marc of Venice was finished in 1071, and the beautiful dome of Pisa in 1063. In fact, the intellectual movement which has been described as the Twelfth Century Renaissance(23) and the Twelfth Century Rationalism--the precursor of the Reform(24) date from that period, when most cities were still simple agglomerations of small village communities enclosed by walls.
However, another element, besides the village-community principle, was required to give to these growing centres of liberty and enlightenment the unity of thought and action, and the powers of initiative, which made their force in the twelfth and thirteenth centuries. With the growing diversity of occupations, crafts and arts, and with the growing commerce in distant lands, some new form of union was required, and this necessary new element was supplied by the guilds. Volumes and volumes have been written about these unions which, under the name of guilds, brotherhoods, friendships and druzhestva, minne, artels in Russia, esnaifs in Servia and Turkey, amkari in Georgia, and so on, took such a formidable development in medieval times and played such an important part in the emancipation of the cities. But it took historians more than sixty years before the universality of this institution and its true characters were understood. Only now, when hundreds of guild statutes have been published and studied, and their relationship to the Roman collegiae, and the earlier unions in Greece and in India,(25) is known, can we maintain with full confidence that these brotherhoods were but a further development of the same principles which we saw at work in the gens and the village community.
Nothing illustrates better these medieval brother hoods than those temporary guilds which were formed on board ships. When a ship of the Hansa had accomplished her first half-day passage after having left the port, the captain (Schiffer) gathered all crew and passengers on the deck, and held the following language, as reported by a contemporary:-- "'As we are now at the mercy of God and the waves,' he said, 'each one must be equal to each other. And as we are surrounded by storms, high waves, pirates and other dangers, we must keep a strict order that we may bring our voyage to a good end. That is why we shall pronounce the prayer for a good wind and good success, and, according to marine law, we shall name the occupiers of the judges' seats (Schoffenstellen).' Thereupon the crew elected a Vogt and four scabini, to act as their judges. At the end of the voyage the Vogt and the scabini abdicated their functions and addressed the crew as follows:--'What has happened on board ship, we must pardon to each other and consider as dead (todt und ab sein lassen). What we have judged right, was for the sake of justice. This is why we beg you all, in the name of honest justice, to forget all the animosity one may nourish against another, and to swear on bread and salt that he will not think of it in a bad spirit. If any one, however, considers himself wronged, he must appeal to the land Vogt and ask justice from him before sunset.' On landing, the Stock with the fredfines was handed over to the Vogt of the sea-port for distribution among the poor."(26) This simple narrative, perhaps better than anything else, depicts the spirit of the medieval guilds. Like organizations came into existence wherever a group of men--fishermen, hunters, travelling merchants, builders, or settled craftsmen--came together for a common pursuit. Thus, there was on board ship the naval authority of the captain; but, for the very success of the common enterprise, all men on board, rich and poor, masters and crew, captain and sailors, agreed to be equals in their mutual relations, to be simply men, bound to aid each other and to settle their possible disputes before judges elected by all of them. So also when a number of craftsmen--masons, carpenters, stone-cutters, etc.--came together for building, say, a cathedral, they all belonged to a city which had its political organization, and each of them belonged moreover to his own craft; but they were united besides by their common enterprise, which they knew better than any one else, and they joined into a body united by closer, although temporary, bonds; they founded the guild for the building of the cathedral.(27) We may see the same till now in the Kabylian. cof:(28) the Kabyles have their village community; but this union is not sufficient for all political, commercial, and personal needs of union, and the closer brotherhood of the cof is constituted.
As to the social characters of the medieval guild, any guild-statute may illustrate them. Taking, for instance, the skraa of some early Danish guild, we read in it, first, a statement of the general brotherly feelings which must reign in the guild; next come the regulations relative to self-jurisdiction in cases of quarrels arising between two brothers, or a brother and a stranger; and then, the social duties of the brethren are enumerated. If a brother's house is burned, or he has lost his ship, or has suffered on a pilgrim's voyage, all the brethren must come to his aid. If a brother falls dangerously ill, two brethren must keep watch by his bed till he is out of danger, and if he dies, the brethren must bury him--a great affair in those times of pestilences--and follow him to the church and the grave. After his death they must provide for his children, if necessary; very often the widow becomes a sister to the guild.(29) These two leading features appeared in every brotherhood formed for any possible purpose. In each case the members treated each other as, and named each other, brother and sister;(30) all were equals before the guild. They owned some "chattel" (cattle, land, buildings, places of worship, or "stock") in common. All brothers took the oath of abandoning all feuds of old; and, without imposing upon each other the obligation of never quarrelling again, they agreed that no quarrel should degenerate into a feud, or into a law-suit before another court than the tribunal of the brothers themselves. And if a brother was involved in a quarrel with a stranger to the guild, they agreed to support him for bad and for good; that is, whether he was unjustly accused of aggression, or really was the aggressor, they had to support him, and to bring things to a peaceful end. So long as his was not a secret aggression--in which case he would have been treated as an outlaw--the brotherhood stood by him.(31) If the relatives of the wronged man wanted to revenge the offence at once by a new aggression, the brother-hood supplied him with a horse to run away, or with a boat, a pair of oars, a knife and a steel for striking light; if he remained in town, twelve brothers accompanied him to protect him; and in the meantime they arranged the composition. They went to court to support by oath the truthfulness of his statements, and if he was found guilty they did not let him go to full ruin and become a slave through not paying the due compensation: they all paid it, just as the gens did in olden times. Only when a brother had broken the faith towards his guild-brethren, or other people, he was excluded from the brotherhood "with a Nothing's name" (tha scal han maeles af brodrescap met nidings nafn).(32) Such were the leading ideas of those brotherhoods which gradually covered the whole of medieval life. In fact, we know of guilds among all possible professions: guilds of serfs,(33) guilds of freemen, and guilds of both serfs and freemen; guilds called into life for the special purpose of hunting, fishing, or a trading expedition, and dissolved when the special purpose had been achieved; and guilds lasting for centuries in a given craft or trade. And, in proportion as life took an always greater variety of pursuits, the variety in the guilds grew in proportion. So we see not only merchants, craftsmen, hunters, and peasants united in guilds; we also see guilds of priests, painters, teachers of primary schools and universities, guilds for performing the passion play, for building a church, for developing the "mystery" of a given school of art or craft, or for a special recreation--even guilds among beggars, executioners, and lost women, all organized on the same double principle of self-jurisdiction and mutual support.(34) For Russia we have positive evidence showing that the very "making of Russia" was as much the work of its hunters', fishermen's, and traders' artels as of the budding village communities, and up to the present day the country is covered with artels.(35) These few remarks show how incorrect was the view taken by some early explorers of the guilds when they wanted to see the essence of the institution in its yearly festival. In reality, the day of the common meal was always the day, or the morrow of the day, of election of aldermen, of discussion of alterations in the statutes, and very often the day of judgment of quarrels that had risen among the brethren,(36) or of renewed allegiance to the guild. The common meal, like the festival at the old tribal folkmote--the mahl or malum--or the Buryate aba, or the parish feast and the harvest supper, was simply an affirmation of brotherhood. It symbolized the times when everything was kept in common by the clan. This day, at least, all belonged to all; all sate at the same table and partook of the same meal. Even at a much later time the inmate of the almshouse of a London guild sat this day by the side of the rich alderman. As to the distinction which several explorers have tried to establish between the old Saxon "frith guild" and the so-called "social" or "religious" guilds--all were frith guilds in the sense above mentioned,(37) and all were religious in the sense in which a village community or a city placed under the protection of a special saint is social and religious. If the institution of the guild has taken such an immense extension in Asia, Africa, and Europe, if it has lived thousands of years, reappearing again and again when similar conditions called it into existence, it is because it was much more than an eating association, or an association for going to church on a certain day, or a burial club. It answered to a deeply inrooted want of human nature; and it embodied all the attributes which the State appropriated later on for its bureaucracy and police, and much more than that. It was an association for mutual support in all circumstances and in all accidents of life, "by deed and advise," and it was an organization for maintaining justice--with this difference from the State, that on all these occasions a humane, a brotherly element was introduced instead of the formal element which is the essential characteristic of State interference. Even when appearing before the guild tribunal, the guild-brother answered before men who knew him well and had stood by him before in their daily work, at the common meal, in the performance of their brotherly duties: men who were his equals and brethren indeed, not theorists of law nor defenders of some one else's interests.(38) It is evident that an institution so well suited to serve the need of union, without depriving the individual of his initiative, could but spread, grow, and fortify. The difficulty was only to find such form as would permit to federate the unions of the guilds without interfering with the unions of the village communities, and to federate all these into one harmonious whole. And when this form of combination had been found, and a series of favourable circumstances permitted the cities to affirm their independence, they did so with a unity of thought which can but excite our admiration, even in our century of railways, telegraphs, and printing. Hundreds of charters in which the cities inscribed their liberation have reached us, and through all of them--notwithstanding the infinite variety of details, which depended upon the more or less greater fulness of emancipation--the same leading ideas run. The city organized itself as a federation of both small village communities and guilds.
"All those who belong to the friendship of the town"--so runs a charter given in 1188 to the burghesses of Aire by Philip, Count of Flanders--"have promised and confirmed by faith and oath that they will aid each other as brethren, in whatever is useful and honest. That if one commits against another an offence in words or in deeds, the one who has suffered there from will not take revenge, either himself or his people...he will lodge a complaint and the offender will make good for his offence, according to what will be pronounced by twelve elected judges acting as arbiters, And if the offender or the offended, after having been warned thrice, does not submit to the decision of the arbiters, he will be excluded from the friendship as a wicked man and a perjuror.(39) "Each one of the men of the commune will be faithful to his con-juror, and will give him aid and advice, according to what justice will dictate him"--the Amiens and Abbeville charters say. "All will aid each other, according to their powers, within the boundaries of the Commune, and will not suffer that any one takes anything from any one of them, or makes one pay contributions"--do we read in the charters of Soissons, Compiegne, Senlis, and many others of the same type.(40) And so on with countless variations on the same theme.
"The Commune," Guilbert de Nogent wrote, "is an oath of mutual aid (mutui adjutorii conjuratio)...A new and detestable word. Through it the serfs (capite sensi) are freed from all serfdom; through it, they can only be condemned to a legally determined fine for breaches of the law; through it, they cease to be liable to payments which the serfs always used to pay."(41) The same wave of emancipation ran, in the twelfth century, through all parts of the continent, involving both rich cities and the poorest towns. And if we may say that, as a rule, the Italian cities were the first to free themselves, we can assign no centre from which the movement would have spread. Very often a small burg in central Europe took the lead for its region, and big agglomerations accepted the little town's charter as a model for their own. Thus, the charter of a small town, Lorris, was adopted by eighty-three towns in south-west France, and that of Beaumont became the model for over five hundred towns and cities in Belgium and France. Special deputies were dispatched by the cities to their neighbours to obtain a copy from their charter, and the constitution was framed upon that model. However, they did not simply copy each other: they framed their own charters in accordance with the concessions they had obtained from their lords; and the result was that, as remarked by an historian, the charters of the medieval communes offer the same variety as the Gothic architecture of their churches and cathedrals. The same leading ideas in all of them--the cathedral symbolizing the union of parish and guild in the, city--and the same infinitely rich variety of detail.
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