Notes

1. W. Arnold, in his Wanderungen und Ansiedelungen der deutschen Stamme, p. 431, even maintains that one-half of the now arable area in middle Germany must have been reclaimed from the sixth to the ninth century. Nitzsch (Geschichte des deutschen Volkes, Leipzig, 1883, vol. i.) shares the same opinion.

2. Leo and Botta, Histoire d'Italie, French edition, 1844, t. i., p. 37.

3. The composition for the stealing of a simple knife was 15 solidii and of the iron parts of a mill, 45 solidii (See on this subject Lamprecht's Wirthschaft und Recht der Franken in Raumer's Historisches Taschenbuch, 1883, p. 52.) According to the Riparian law, the sword, the spear, and the iron armour of a warrior attained the value of at least twenty-five cows, or two years of a freeman's labour. A cuirass alone was valued in the Salic law (Desmichels, quoted by Michelet) at as much as thirty-six bushels of wheat.

4. The chief wealth of the chieftains, for a long time, was in their personal domains peopled partly with prisoner slaves, but chiefly in the above way. On the origin of property see Inama Sternegg's Die Ausbildung der grossen Grundherrschaften in Deutschland, in Schmoller's Forschungen, Bd. I., 1878; F. Dahn's Urgeschichte der germanischen und romanischen Volker, Berlin, 1881; Maurer's Dorfverfassung; Guizot's Essais sur l'histoire de France; Maine's Village Community; Botta's Histoire d'Italie; Seebohm, Vinogradov, J. R. Green, etc.

5. See Sir Henry Maine's International Law, London, 1888.

6. Ancient Laws of Ireland, Introduction; E. Nys, Etudes de droit international, t. i., 1896, pp. 86 seq. Among the Ossetes the arbiters from three oldest villages enjoy a special reputation (M. Kovalevsky's Modern Custom and Old Law, Moscow, 1886, ii. 217, Russian).

7. It is permissible to think that this conception (related to the conception of tanistry) played an important part in the life of the period; but research has not yet been directed that way.

8. It was distinctly stated in the charter of St. Quentin of the year 1002 that the ransom for houses which had to be demolished for crimes went for the city walls. The same destination was given to the Ungeld in German cities. At Pskov the cathedral was the bank for the fines, and from this fund money was taken for the wails.

9. Sohm, Frankische Rechts-und Gerichtsverfassung, p. 23; also Nitzsch, Geschichte des deutschen Volkes, i. 78.

10. See the excellent remarks on this subject in Augustin Thierry's Lettres sur l'histoire de France. 7th Letter. The barbarian translations of parts of the Bible are extremely instructive on this point.

11. Thirty-six times more than a noble, according to the Anglo-Saxon law. In the code of Rothari the slaying of a king is, however, punished by death; but (apart from Roman influence) this new disposition was introduced (in 646) in the Lombardian law—as remarked by Leo and Botta—to cover the king from blood revenge. The king being at that time the executioner of his own sentences (as the tribe formerly was of its own sentences), he had to be protected by a special disposition, the more so as several Lombardian kings before Rothari had been slain in succession (Leo and Botta, l.c., i. 66-90).

12. Kaufmann, Deutsche Geschichte, Bd. I. "Die Germanen der Urzeit," p. 133.

13. Dr. F. Dahn, Urgeschichte der germanischen und romanischen Volker, Berlin, 1881, Bd. I. 96.

14. If I thus follow the views long since advocated by Maurer (Geschichte der Stadteverfassung in Deutschland, Erlangen, 1869), it is because he has fully proved the uninterrupted evolution from the village community to the mediaeval city, and that his views alone can explain the universality of the communal movement. Savigny and Eichhorn and their followers have certainly proved that the traditions of the Roman municipia had never totally disappeared. But they took no account of the village community period which the barbarians lived through before they had any cities. The fact is, that whenever mankind made a new start in civilization, in Greece, Rome, or middle Europe, it passed through the same stages—the tribe, the village community, the free city, the state—each one naturally evolving out of the preceding stage. Of course, the experience of each preceding civilization was never lost. Greece (itself influenced by Eastern civilizations) influenced Rome, and Rome influenced our civilization; but each of them begin from the same beginning—the tribe. And just as we cannot say that our states are continuations of the Roman state, so also can we not say that the mediaeval cities of Europe (including Scandinavia and Russia) were a continuation of the Roman cities. They were a continuation of the barbarian village community, influenced to a certain extent by the traditions of the Roman towns.

15. M. Kovalevsky, Modern Customs and Ancient Laws of Russia (Ilchester Lectures, London, 1891, Lecture 4).

16. A considerable amount of research had to be done before this character of the so-called udyelnyi period was properly established by the works of Byelaeff (Tales from Russian History), Kostomaroff (The Beginnings of Autocracy in Russia), and especially Professor Sergievich (The Vyeche and the Prince). The English reader may find some information about this period in the just-named work of M. Kovalevsky, in Rambaud's History of Russia, and, in a short summary, in the article "Russia" of the last edition of Chambers's Encyclopaedia.

17. Ferrari, Histoire des revolutions d'Italie, i. 257; Kallsen, Die deutschen Stadte im Mittelalter, Bd. I. (Halle, 1891).

18. See the excellent remarks of Mr. G.L. Gomme as regards the folkmote of London (The Literature of Local Institutions, London, 1886, p. 76). It must, however, be remarked that in royal cities the folkmote never attained the independence which it assumed elsewhere. It is even certain that Moscow and Paris were chosen by the kings and the Church as the cradles of the future royal authority in the State, because they did not possess the tradition of folkmotes accustomed to act as sovereign in all matters.

19. A. Luchaire, Les Communes francaises; also Kluckohn, Geschichte des Gottesfrieden, 1857. L. Semichon (La paix et la treve de Dieu, 2 vols., Paris, 1869) has tried to represent the communal movement as issued from that institution. In reality, the treuga Dei, like the league started under Louis le Gros for the defence against both the robberies of the nobles and the Norman invasions, was a thoroughly popular movement. The only historian who mentions this last league—that is, Vitalis—describes it as a "popular community" ("Considerations sur l'histoire de France," in vol. iv. of Aug. Thierry's OEuvres, Paris, 1868, p. 191 and note).

20. Ferrari, i. 152, 263, etc.

21. Perrens, Histoire de Florence, i. 188; Ferrari, l.c., i. 283.

22. Aug. Thierry, Essai sur l'histoire du Tiers Etat, Paris, 1875, p. 414, note.

23. F. Rocquain, "La Renaissance au XIIe siecle," in Etudes sur l'histoire de France, Paris, 1875, pp. 55-117.

24. N. Kostomaroff, "The Rationalists of the Twelfth Century," in his Monographies and Researches (Russian).

25. Very interesting facts relative to the universality of guilds will be found in "Two Thousand Years of Guild Life," by Rev. J. M. Lambert, Hull, 1891. On the Georgian amkari, see S. Eghiazarov, Gorodskiye Tsekhi ("Organization of Transcaucasian Amkari"), in Memoirs of the Caucasian Geographical Society, xiv. 2, 1891.

26. J.D. Wunderer's "Reisebericht" in Fichard's Frankfurter Archiv, ii. 245; quoted by Janssen, Geschichte des deutschen Volkes, i. 355.

27. Dr. Leonard Ennen, Der Dom zu Koln, Historische Einleitung, Koln, 1871, pp. 46, 50.

28. See previous chapter.

29. Kofod Ancher, Om gamle Danske Gilder og deres Undergang, Copenhagen, 1785. Statutes of a Knu guild.

30. Upon the position of women in guilds, see Miss Toulmin Smith's introductory remarks to the English Guilds of her father. One of the Cambridge statutes (p. 281) of the year 1503 is quite positive in the following sentence: "Thys statute is made by the comyne assent of all the bretherne and sisterne of alhallowe yelde."

31. In medieval times, only secret aggression was treated as a murder. Blood-revenge in broad daylight was justice; and slaying in a quarrel was not murder, once the aggressor showed his willingness to repent and to repair the wrong he had done. Deep traces of this distinction still exist in modern criminal law, especially in Russia.

32. Kofod Ancher, l.c. This old booklet contains much that has been lost sight of by later explorers.

33. They played an important part in the revolts of the serfs, and were therefore prohibited several times in succession in the second half of the ninth century. Of course, the king's prohibitions remained a dead letter.

34. The medieval Italian painters were also organized in guilds, which became at a later epoch Academies of art. If the Italian art of those times is impressed with so much individuality that we distinguish, even now, between the different schools of Padua, Bassano, Treviso, Verona, and so on, although all these cities were under the sway of Venice, this was due—J. Paul Richter remarks—to the fact that the painters of each city belonged to a separate guild, friendly with the guilds of other towns, but leading a separate existence. The oldest guild-statute known is that of Verona, dating from 1303, but evidently copied from some much older statute. "Fraternal assistance in necessity of whatever kind," "hospitality towards strangers, when passing through the town, as thus information may be obtained about matters which one may like to learn," and "obligation of offering comfort in case of debility" are among the obligations of the members (Nineteenth Century, Nov. 1890, and Aug. 1892).

35. The chief works on the artels are named in the article "Russia" of the Encyclopaedia Britannica, 9th edition, p. 84.

36. See, for instance, the texts of the Cambridge guilds given by Toulmin Smith (English Guilds, London, 1870, pp. 274-276), from which it appears that the "generall and principall day" was the "eleccioun day;" or, Ch. M. Clode's The Early History of the Guild of the Merchant Taylors, London, 1888, i. 45; and so on. For the renewal of allegiance, see the Jomsviking saga, mentioned in Pappenheim's Altdanische Schutzgilden, Breslau, 1885, p. 67. It appears very probable that when the guilds began to be prosecuted, many of them inscribed in their statutes the meal day only, or their pious duties, and only alluded to the judicial function of the guild in vague words; but this function did not disappear till a very much later time. The question, "Who will be my judge?" has no meaning now, since the State has appropriated for its bureaucracy the organization of justice; but it was of primordial importance in medieval times, the more so as self-jurisdiction meant self-administration. It must also be remarked that the translation of the Saxon and Danish "guild-bretheren," or "brodre," by the Latin convivii must also have contributed to the above confusion.

37. See the excellent remarks upon the frith guild by J.R. Green and Mrs. Green in The Conquest of England, London, 1883, pp. 229-230.

38. None

39. Recueil des ordonnances des rois de France, t. xii. 562; quoted by Aug. Thierry in Considerations sur l'histoire de France, p. 196, ed. 12mo.

40. A. Luchaire, Les Communes francaises, pp, 45-46.

41. Guilbert de Nogent, De vita sua, quoted by Luchaire, l.c., p. 14.

42. Lebret, Histoire de Venise, i. 393; also Marin, quoted by Leo and Botta in Histoire de l'Italie, French edition, 1844, t. i 500.

43. Dr. W. Arnold, Verfassungsgeschichte der deutschen Freistadte, 1854, Bd. ii. 227 seq.; Ennen, Geschichte der Stadt Koeln, Bd. i. 228-229; also the documents published by Ennen and Eckert.

44. Conquest of England, 1883, p. 453.

45. Byelaeff, Russian History, vols. ii. and iii.

46. W. Gramich, Verfassungs und Verwaltungsgeschichte der Stadt Wurzburg im 13. bis zum 15. Jahrhundert, Wurzburg, 1882, p. 34.

47. When a boat brought a cargo of coal to Wurzburg, coal could only be sold in retail during the first eight days, each family being entitled to no more than fifty basketfuls. The remaining cargo could be sold wholesale, but the retailer was allowed to raise a zittlicher profit only, the unzittlicher, or dishonest profit, being strictly forbidden (Gramich, l.c.). Same in London (Liber albus, quoted by Ochenkowski, p. 161), and, in fact, everywhere.

48. See Fagniez, Etudes sur l'industrie et la classe industrielle a Paris au XIIIme et XIVme siecle, Paris, 1877, pp. 155 seq. It hardly need be added that the tax on bread, and on beer as well, was settled after careful experiments as to the quantity of bread and beer which could be obtained from a given amount of corn. The Amiens archives contain the minutes of such experiences (A. de Calonne, l.c. pp. 77, 93). Also those of London (Ochenkowski, England's wirthschaftliche Entwickelung, etc., Jena, 1879, p. 165).

49. Ch. Gross, The Guild Merchant, Oxford, 1890, i. 135. His documents prove that this practice existed in Liverpool (ii. 148-150), Waterford in Ireland, Neath in Wales, and Linlithgow and Thurso in Scotland. Mr. Gross's texts also show that the purchases were made for distribution, not only among the merchant burgesses, but "upon all citsains and commynalte" (p. 136, note), or, as the Thurso ordinance of the seventeenth century runs, to "make offer to the merchants, craftsmen, and inhabitants of the said burgh, that they may have their proportion of the same, according to their necessitys and ability."

50. The Early History of the Guild of Merchant Taylors, by Charles M. Clode, London, 1888, i. 361, appendix 10; also the following appendix which shows that the same purchases were made in 1546.

51. Cibrario, Les conditions economiques de l'Italie au temps de Dante, Paris, 1865, p. 44.

52. A. de Calonne, La vie municipale au XVme siecle dans le Nord de la France, Paris, 1880, pp. 12-16. In 1485 the city permitted the export to Antwerp of a certain quantity of corn, "the inhabitants of Antwerp being always ready to be agreeable to the merchants and burgesses of Amiens" (ibid., pp. 75-77 and texts).

53. A. Babeau, La ville sous l'ancien regime, Paris, 1880.

54. Ennen, Geschichte der Stadt Koln, i. 491, 492, also texts.