THE FREE TOWNS
Scattered broadcast over the territory of every medieval state are towns
endowed with special privileges, and ruled by special magistrates. Some
of these towns—particularly in Italy, Southern France, and the
Rhineland—stand on the sites, and even within the walls, of ancient
municipia, those miniature Homes which the statecraft of the
Empire had created as seats of government and schools of culture. But,
even in Italy, the medieval town is indebted to classical antiquity for
nothing more than mouldering walls and aqueducts and amphitheatres and
churches. The barbarians had ignored the institutions of the
municipium, though it often served them as a fortress or a royal
residence or a centre of administration. The citizens were degraded to
the level of serfs; they became the property of a king, a bishop, or a
count, and were governed by a bailiff presiding over a seignorial court.
Only at the close of the Dark Ages, with the development of handicrafts
and a commercial class, was it found necessary to distinguish between
the town and the manorial village; and to a much later time the small
town preserved the characteristics of an agricultural society. Many a
burgess supplemented the profits of a trade by tilling acres in the
common fields and grazing cattle on the common pastures; pigs and
poultry scavenged in the streets; the farmyard was a usual adjunct of
the burgage tenement. Whether small or great, the town was a phenomenon
sufficiently unfamiliar to vex the soul of lawyers reared upon Teutonic
custom. They recognised that they were dealing with a new form of
community; but they were not prepared to define it or to generalise
about it. They preferred to treat each town as sui generis, an
awkward anomaly, a privileged abuse.
Indeed, definition was no easy matter, for medieval towns differed
infinitely in size, in government, and in the ingredients of their
population. In one respect they are all alike; the most energetic and
influential, though not necessarily the greater number, of the
inhabitants are artisans or traders. But side by side with the
industrial colony stand older interests, which often struggle hard
against the ascendancy of commerce. In the town or near it there may be
an abbey or a castle or a cathedral or a royal palace, to which the very
existence of the burgess community is due. The townsmen, profiting by
the custom and the protection of the great, have grown rich and
independent; they have bought privileges or have usurped them. But they
have still to reckon with the servants, the retainers, and the other
partisans of a superior always on the watch to recover his lost rights
of property and jurisdiction; the forces of the common enemy are
permanently encamped within the walls. Again, if the town lies on a
frontier or in newly-conquered country, it will be as much a fortress as
a mart; a number of the residents will be knights or men-at-arms who
hold their lands by the tenure of defending the town; and these
burgesses will be naturally indifferent to the interests of the traders.
Finally, in the Mediterranean lands, with their long tradition of urban
society, we find the nobles of the neighbourhood resorting to the town,
building town-houses, and frequently caballing among themselves to
obtain control of the town's government. Often a long time elapses
before the class which conceived the idea of municipal liberty is able
to get the better of these hostile forces; and still more often the
hardly-won privileges are wrested from those for whom they were
intended, are cancelled, or are made the monopoly of an oligarchic ring.
Still, the aims of the medieval burgess are more uniform, from one place
to another and from one generation to another, than we might anticipate
in ages when information travelled slowly, and when the relations of
every town to its lord were settled by a separate treaty. In modern
Europe the town is an administrative district of the state, and is
organised upon a standard pattern. In medieval Europe the town-charter
was frequently a compromise with the caprices and the interests of a
petty seignor; and even kings were inclined to deal with the towns which
stood upon the royal demesne in a spirit of the frankest opportunism.
Moreover, the inclination of all lords was to meddle with their
burgesses no further than seemed necessary to ensure the full and
punctual discharge of all services and pecuniary dues. So long as these
were guaranteed, the internal affairs of the town might be left for the
residents to settle as seemed good to them. But, as to the main
conditions of the compact, each of the contracting parties holds
clear-cut and unwavering views. The lords are agreed that privileges of
trade and tenure may safely be granted if the chief magistrates are
nominated by, and accountable to themselves. The townsfolk, on the other
hand, assume that promises of free tenure and free trade will be worth
nothing unless accompanied by the permission to elect all magistrates
and councils.
Sometimes the victory rests with the lord, and sometimes with the
burgesses. Accordingly, there are two kinds of chartered town. The
larger class includes communities enjoying certain privileges under the
rule of seignorial functionaries. A smaller class consists of those
which are not only privileged but "free," that is, self-governing bodies
corporate. The distinction between the two classes is not precise enough
to satisfy a modern lawyer. Often a "free" town is obliged to allow the
lord some voice in the appointment of magistrates; while the humblest
body of traders may enjoy the right of doing justice in a market-court
without the interference of a bailiff. The one class shades off into the
other, if only for the reason that "freedom" is usually won by a gradual
process of bargaining or encroachment on the part of towns which are
already privileged. The higher type is simply a later stage in the
natural course of municipal development.
If we analyse the privileges of those towns which remain in
leading-strings, the first in order of time and of importance is the
town-peace, which only the king or his delegate can grant. Invested with
this peace the town becomes, like a royal palace or the shrine of a
saint, a sanctuary protected by special pains and penalties; the burgess
stands to the king in the same relation as the widow and the orphan; to
do him wrong is an outrage against the royal majesty. Next comes the
right of trade. The burgesses are allowed to commute their servile dues
and obligations for a fixed money-rent, that they may be at liberty for
pursuits more lucrative than agriculture. They also receive a licence to
hold a weekly market, and possibly a yearly fair as well; it is agreed
that all disputes of traders, which arise in fair or market, shall be
decided according to the law of merchants, the general usage of the
commercial world; and a safe-conduct is granted to all strangers who
resort to either gathering for lawful purposes. At first the tolls of
the fair and market are collected by the lord, and the law-merchant is
administered in the court of his bailiff. Often, however, he ends by
leasing both the tolls and the commercial jurisdiction to the townsmen.
When they are permitted (as in Flanders and in England) to form a
merchant-gild, it is with this body that such bargains are concluded;
and the gild usually purchases from the lord a quantity of other
privileges—the monopoly of certain staple industries in the town and
neighbourhood; rights of pre-emption over all imported wares; and the
power of making by-laws to regulate wages, prices, the hours of labour,
and the quality of manufactured goods. Where the lord is a sovereign
prince, he is often induced to make concessions of a wider scope:
freedom from inland tolls and from customs at the seaports; the right of
making reprisals upon native and foreign enemies who rob the merchants
or infringe the privileges of the town; immunity, in civil suits, from
every jurisdiction but that of the town-court.
It would be easy to multiply examples of this type of town, but we can
only mention here a few whose history and customs are particularly
instructive. One of the oldest is St. Riquier in Ponthieu, a notable
instance of an industrial community dating from Carolingian times and
fostered by the policy of a great religious house. The second half of
the eleventh century is remarkable for the speculative acumen displayed
by lay and secular lords in fostering the development of new commercial
centres; the Norman bourg of Breteuil, founded in 1060 by a
seneschal of William the Conqueror, deserves special consideration as a
model extensively imitated in England, Wales, and Ireland; the Suabian
towns of Allensbach and Radolfszell, chartered by the great Abbey of
Reichenau a few years later, are monuments of German seignorial
enterprise. Lorris en Gatinais, a town on the demesne of the French
monarchy, received from Louis VI a set of privileges which became the
standard for the numerous villes de bourgeoisie founded under the
immediate sway of the Capetian dynasty.
But the charters thankfully accepted by new colonies or embryonic
market-centres were insufficient to satisfy the aspirations of older and
greater cities. At the very time when far-sighted seigneurs are
scattering commercial privileges broadcast, there begins among the urban
classes of North France, of Flanders, and of some Italian provinces, an
agitation for more extensive rights, for "free" municipal constitutions
of our second type. In these regions the popular cry is "Commune,"
novum ac pessimum nomen; and it is blended with complaints of
feudal tyranny, which often develop, since the seigneur of the town is
commonly a bishop or an abbot, into complaints against the Church. The
commune is a sworn confederacy (conjuratio), which bears some
resemblance both to the fraternities established for the enforcement of
the Truce of God (supra, p. 103) and to the merchant-gilds. But
it has also new and striking features. It is formed in defiance of
authority, and for the purpose of seizing rights which are legally
vested in the seigneur or the Crown. It is hostile to the ruling classes
of society; and the object of the members is to establish a republican
form of government within their city. They are largely merchants or
artisans; but they concern themselves with wider interests than those of
trade, and often insist that no man, of whatever avocation, shall remain
in the city unless he joins the commune.
We should be glad to know more of the bold spirits who directed the
communal movement in this early stage. They startled contemporaries by
their radicalism, and their conduct gives the lie to our preconceived
idea that a townsman is a man of peace. These medieval burgesses were
accustomed to defend their rights by force; there is nothing abnormal in
the rule of the merchant-gild of Valenciennes that the gild-brethren
should always bring their weapons with them to the market, and should
ride in armed companies to distant fairs. The Milanese and the men of
Ghent are typical in their greed for empire, in their readiness to
strike a blow for their own profit whenever war is in the land. If the
seigneurs of such cities gave cause for dissatisfaction, they found that
they had brought a hornet's nest about their ears. In the struggle for
liberties the popular party displayed a high courage which rose superior
to defeat, though in the hour of triumph it was too often sullied by
ferocious acts of vengeance. They threw themselves with intelligence and
energy into the feuds of other interests and classes, backing the Church
against the State, the State against the baronage, or the weaker against
the stronger of two rival lords. The policy of the towns was often
double-faced, material and separatist; but it also embodied ideals of
justice and of citizenship which were destined to prevail in the
struggle for existence, and to produce a wholesome reformation in the
structure of society.
The communal programme was not realised in a day; the struggle for free
governments, which began in the eleventh century, was continued into the
thirteenth and fourteenth; and the forces of the movement were already
exhausted in North France and Italy before it reached a head in South
France or in Germany. Naturally, in a conflict waged over so wide an
area for several hundred years, the watchwords were often modified, and
many different patterns of town government were devised. In its later
stages the movement was more peaceful, and the purse was often found a
better argument than the sword; the communal parties ceased to be
democratic, though they never ceased to be republican; and power was
practically if not formally monopolised by a municipal patriciate. The
mass-meeting of the burgesses, all-powerful in the days when the commune
was an organised rebellion, gradually became insignificant in the older
communes, and in many of the late foundations was never recognised at
all, its powers being distributed among the craft-gilds meeting in their
separate assemblies. Concurrent with this diminution in the importance
of the ordinary burgess, there is a tendency to restrict the franchise
by demanding higher and higher qualifications from the candidates. The
commune, in fact, sinks almost to the level of a trades union or a
benefit society, and membership is valued chiefly as a title to
exclusive rights of trade and poor-relief. The political aspect of the
institution is almost forgotten in countries where the power of the
state gains ground upon the centrifugal forces of society; and, in those
communes which preserve the dignity of states, an internecine conflict
between the rich and poor, the rulers and the ruled, usually becomes the
main feature of domestic politics.
In spite of these changes in principles and spirit, the organs of
communal government are almost everywhere the same. The executive power
is vested in a board or committee, called in Italy the consules, in
France the echevins, jurati, or syndics, in Germany the Rath
(council). Commonly this board has a president, known in France and
England as the mayor, in Germany as the burgomaster, who represents the
body-corporate in all negotiations with the seigneur or the Crown or
other communes. One or more councils (sapientes, pares, etc.) are
often found assisting the executive with their advice; and in the older
type of commune the mass-meeting plays a conspicuous part, not only
electing magistrates and councils, but also voting taxes, auditing the
accounts of expenditure, and deciding on all questions of exceptional
importance. Where the general assembly is non-existent or moribund,
offices are filled either by co-optation or by elections in the
assemblies of the craft-gilds, or are even allowed to descend by
hereditary right. As the popular control over the executive declines,
jealousy of the executive leads to some disastrous changes: to the
multiplication of offices, to the shortening of terms of office, to
the creation of innumerable checks and balances, to the organisation of
this or that powerful interest or party as a state within the state. But
the morbid pathology of the communes in their last stage of decline is a
subject with which we need not here concern ourselves. These intricate
expedients, which are best exemplified in the constitution of
fourteenth-century Florence, weakened the government but could not make
it more impartial or more tolerant. By the end of the Middle Ages, the
ordinary burgess was prepared to hail the advent of a royal bailiff or a
self-constituted despot, as the only cure for the inveterate disorders
incident to freedom.
It is refreshing to turn back from the period of disillusionment to that
of sanguine expectations, and to study the commune in the period of
infancy and growth, when no other refuge from anarchy and oppression was
open to the industrial classes, and when emancipated serfs were still
intoxicated with the dream of liberty.
Curiously enough, the communal revolution began most quietly in the land
where it was ultimately responsible for the fiercest conflicts. The
cities of North Italy gained their first instalments of freedom, at
different periods in the eleventh century, by bargains or by usurpations
of which few records have come down to us. At Pisa we hear of an
agreement between the bishop and the citizens (1080-1085) under which
the latter are permitted to form a peace-association, to hold
mass-meetings, and to elect consules who shall co-operate with
the bishop in the government. At Genoa, on the other hand, the commune
appears (in 1122) after several earlier conjurationes have been
successfully resisted and dispersed. Probably the case of Pisa is more
typical than that of Genoa, since we usually hear of a commune for the
first time when it is already a fully developed institution. In most of
the North Italian cities it was at the expense of a bishop that the
commune was established. Legally the change meant the transference, from
the bishop or another seigneur to the town, of powers derived by
delegation from the Emperor; and it took place in the course of the
Investitures contest, when the bishops, conscious of simony and other
offences which made their position insecure, were more concerned to
dissuade their citizens from siding with the party of ecclesiastical
reform than to fulfil their duties as officials of the Empire. The
Emperors themselves, hard-pressed in the struggle with the Papacy and
eager to purchase support at any price, contributed to the success of
the communal movement by the charters which they bestowed on some
important cities.
In Northern France the situation was less favourable to the towns. Often
indeed it suited the policy of the Capets to weaken an over-mighty
subject by protecting his rebellious serfs. But the bishops and the lay
seigneurs offered a pertinacious opposition to all demands for
enfranchisement; the King was a timid and vacillating ally, always
inclined to desert the cause of the townsfolk for a bribe, always in
fear that the movement might spread to his demesne. Whatever his
sympathies, he could do little, when it came to blows, but stand aside
and watch the conflict. Two examples will serve to illustrate the
general features of these feuds between municipalities and lords.
(1) In 1070 the men of Le Mans were driven to rebellion by the
lawlessness of the local baronage, and by the oppressions of the
governor whom an absentee count had put over them. They formed a
commune, and compelled the more timid of their enemies to swear that
they would recognise it. Others they caught and hanged or blinded; and
they made systematic war against the castles of the neighbourhood, which
they took one by one and burned to the ground—and this, says the
outraged chronicler, in Lent and even on Good Friday! The citizens
themselves thought no season too sacred for such a crusade against
anarchy; once, when their militia went out to attack a castle, the
bishop and his clergy were induced to lead the vanguard, bearing crosses
and consecrated banners. But after a time the fortune of war turned
against the commune; the militia were routed and the count's lieutenant
recovered the castle which dominated Le Mans. The citizens offered their
allegiance to the Count of Anjou, if he would deliver them. He came to
the rescue, the governor fled, the castle was surrendered by the
garrison and at once demolished. But, before the citizens had settled
their future relations with Anjou, an English army appeared, led by
William the Conqueror, their lawful suzerain. The Angevins effaced
themselves; the citizens, making a virtue of necessity, opened their
gates to the King; and since he would only confirm their ancient
liberties, the existence of the commune was abruptly terminated (1073).
(2) At Laon in the next generation there was a wilder and more
calamitous rising against the misrule of the bishop. His name was
Waldric; he had been Chancellor to Henry I of England, and was elected
by the chapter of Laon (1106) because of the great wealth which he had
accumulated, none too honestly, in the course of his short official
career. Much of his private fortune was expended in procuring the Pope's
approval of his very irregular election. The remainder was soon
squandered in extravagant and riotous living; and the bishop then began
to exploit his seignorial rights in Laon. His extortions were the more
resented since he kept no order; the environs of the city swarmed with
brigands and footpads, and kidnappers were allowed to work their will
inside the city. At length the burgesses seized an opportunity, when the
bishop was away in England, to set up a commune. On his return he was
obliged to accept the situation and to recognise the commune in return
for a substantial payment. But he further recouped himself by debasing
the local currency, till it was practically worthless; and he gratified
his spite against the citizens by an atrocious crime. Professing to have
discovered a conspiracy against his life, he arrested the Mayor and
caused the unhappy man to be blinded by a black slave, whom he employed
as his bodyguard and executioner. The friends of the Mayor complained to
the Pope; but the bishop got before them with his own version of the
story, and by the help of bribery secured an honourable acquittal. By
the same arguments he induced the King to quash the charter of the
commune, and then seemed master of the situation. But the men of Laon
conspired to kill him as he was going in state to the cathedral; he was
with difficulty rescued by his knights, and found it necessary to
garrison the episcopal palace with villeins from his country estates.
Arrogant as ever, he boasted of his power and the satisfaction that he
would exact; the time was coming, he said, when his black slave should
pull the noses of the most respected citizens, and the fellows would not
dare to grunt. He was soon undeceived. The mob of Laon stormed the
palace and massacred the defenders; they found the bishop in the
cellars, disguised as a peasant and hiding in an empty cask; they
dragged him forth by the hair of his head, and hacked him to pieces in
the street (1112). When a calmer mood returned, the citizens were
appalled at the prospect of the King's indignation. Those who were
conscious of guilt fled from the city, which was left half-deserted. The
barons and the serfs of the surrounding country swooped like vultures
upon Laon, pillaged the empty houses and fought with one another for the
spoil. For the next sixteen years the remnant of the citizens lived a
miserable existence as the mere serfs of Waldric's successors. In 1128
the King permitted them to associate under a Mayor, for the better
maintenance of the public peace; but they were denied the title of a
commune, and continued to be subject to the jurisdiction of the bishop.
These dramas of oppression and retaliation, though characteristic in the
sense that they reveal the worst faults and the best excuses of the
communal movement, were happily exceptional in Northern France; not
because oppression was rare, but because rebellions defeated their own
object. No seignorial concessions were worth the parchment on which they
were inscribed, without a confirmation from the King; and it was not the
King's interest to condone sacrilege or overt treason against a feudal
lord. Hence the founders of a North French commune preferred to keep
their agitation within the bounds of law. They invoked the King's help,
and he, for an adequate consideration, destroyed seignorial rights by a
few strokes of the pen; which he did the more readily since his lawyers
had formulated the doctrine that communes were tenants of the Crown,
liable to military service and to taxation at the royal pleasure. From
the close of the twelfth century there was a firm alliance between the
Third Estate and the French monarchy. On the whole it was more
advantageous to the King than to the communes. Under St. Louis and his
successors, when the power of the feudatories was broken, the commune
presented itself as an obstacle in the path of central government. On
one pretext or another, here because of faction-fights and there for
mismanagement of the communal finances, the cities lost their charters
and passed under the rule of royal commissioners. It was a poor
compensation that the Third Estate obtained the right of sending
delegates to the States General of the Kingdom. Representation brought
new liabilities without corresponding rights. The Third Estate, holding
jealously aloof from the estates of the nobles and the clergy, was
powerless against a determined sovereign.
The French commune, in fact, was a special expedient for the cure of a
transitory evil. Republican institutions were in France an exotic
growth, inconsistent with national traditions, and only welcome to
classes which had neither the political intelligence nor the material
resources to maintain their own ideals in the face of persistent
opposition. It is significant that the charters of the French communes
were frequently cancelled with the approval of the citizen assemblies.
The situation was different in Flanders and North Italy, where the city
was the natural unit of society, and the burgher class, enriched by
foreign trade, were strong enough to negotiate on equal terms with their
nominal superiors. Cities such as Ghent and Milan were shielded from
contact with the great monarchies until the habit of self-government was
firmly rooted in the citizens. When at last they were confronted with
the absolutist claims of the Capets or the Hohenstauffen, these cities
did not shrink from a direct appeal to arms; and the wars which they
waged for independence are not the least interesting chapter of medieval
history.
Flanders was vexed by a problem of over-population, for which neither
the continuous exodus of emigrants nor the systematic reclaiming of
marsh-lands offered a permanent solution. At an early date her
middle-classes discovered the grand principle of modern industry: that
by manufacturing for foreign markets the production of wealth can be
accelerated to an indefinite degree, and the most prolific communities
maintained in affluence upon a sterile or restricted territory. The
superfluous labour of the Flemish countryside flocked into towns, at the
bidding of Flemish capital, and found remunerative employment in the
weaving trade. From 1127 onwards these towns were bargaining with the
Counts of Flanders for emancipation. Bruges, Ypres, Lille and Ghent were
only the most successful among forty thriving communities which, at the
close of the twelfth century, enjoyed a large measure of self-government
but found their liberties threatened by the King of France. To meet the
danger the Flemish communes embarked on the stormy sea of politics. At
first they fought the King, in the name of the Count, and made their
first appearance as a military power on the disastrous field of Bouvines
(1214), which cost Count Ferrand his liberty and the communes the flower
of their militia. The successors of Ferrand sank deeper and deeper into
dependence on the Capets, until the communes were forced in self-defence
to assume the leading role. At Courtrai (in 1302) they turned the tables
on the Crown, and took an ample vengeance for Bouvines, by a terrible
slaughter of French knights and men-at-arms, demonstrating to a startled
Europe that feudal tactics were obsolete, and that pikemen on foot were
a match for the best mailed cavalry. Cheated by a treacherous Count of
the due fruits of their victory, the Flemish communes nursed their
resentment and waited for new opportunities, while consoling themselves
with savage persecution of the nobles, the clergy, and all others whom
they suspected of French sympathies. The ambition of Edward III came at
length to their assistance; under the leadership of Jacques van
Artevelde, a merchant-prince and demagogue of Ghent, they signed a
treaty with the English King for the invasion and conquest of France
(1339). It was a brief and ill-starred alliance, ruinous to Flemish
trade and abruptly ended by the fall of Artevelde, whom his
fellow-citizens tore limb from limb under the impression that he was
aiming at a tyranny (1345). But events soon justified the bold proposals
of the fallen statesman. In 1369 the heiress of the county was given to
a French prince of the blood; the French party in Flanders reared their
heads; Bruges, to the alarm and fury of all patriots, joined the foreign
cause from jealousy of Ghent. War broke out between the two great
rivals; and the men of Ghent, commanded by Philip, the son of Jacques
van Artevelde, gained the upper hand. Victorious in a pitched battle,
they pursued the beaten army into Bruges, massacred the partisans of
France, and put the city to the sack. No other commune dared to imitate
the policy of Bruges, or to dispute the supremacy of Ghent in Flanders.
The younger Artevelde, like his father before him, stood out for a brief
moment as the dictator of a league of free republics. But the generals
of France had profited by their hard experience in the wars with
England; at Roosebeke (1382) the men of Ghent, charging the French
cavalry "like wild boars," found themselves outflanked, and were crushed
by the weight of superior science and numbers. They fought with the fury
of despair, neither expecting nor receiving quarter. More than twenty
thousand of the citizens fell in the battle, and were left, by the
King's order, unburied on the field. The corpse of Artevelde, who had
been suffocated in the press, was hanged on a gibbet for a warning to
all demagogues. With him died the day-dream of an independent Flanders.
Though her cities remained prosperous, they were destined to be
successively the subjects of the Burgundian, the Spaniard, and the
Austrian. It was only in 1831 that Flanders at length became a province
in a kingdom based on the Walloon nationality.
The Italian communes present, in their sharp vicissitudes of fortune, a
spectacle not less dramatic and infinitely more momentous for the
general history of Europe. In Italy, as in Flanders, the fair ideal of
civic freedom was blurred and defaced by party feuds and personal
ambitions, by the fickleness and passion of the mob, by the lust of
conquest and the fratricidal jealousies of neighbouring republics. Yet
to the influence of this ideal we must attribute both the solidarity of
the Italian city-state and the wealth of individual genius which it
fostered. The Italian Renaissance was little more than the harvest-time
of medieval Italy, the glorious evening of a day which had dawned with
the Fourth Crusade and had reached high noon in the lifetimes of Dante
and Giotto. In the fifteenth century the aptitudes which had ripened in
the intense and crowded life of turbulent republics were concentrated
upon art and letters. The leisure and the security which the specialist
demands were bought by renouncing the Utopian visions of the past. But
the growth of technical dexterity was a poor compensation for the
narrowing of interests; the individual was sacrificed to make the
artist; and art, too, suffered by the divorce from practical affairs. If
we are moved to impatience by the waste of life and energy involved in
the turmoils of medieval Italy, we must remember that in no atmosphere
less electric would the national energies have matured so early, or
piled achievement on achievement with such feverish speed.
[Illustration: (map) The Alps and North Italy]
The city, from time immemorial the meeting-ground for the best elements
in Italian society, had become in the early Middle Ages the one bulwark
between the Italian middle-classes and a particularly lawless form of
feudalism; and it had served this purpose well. The number of these
cities, their population and resources, the luxury of the citizens, the
splendour of the palaces and public buildings, were the admiration of
all Europe at a time when the Flemish burghers still lived in wooden
houses and the Flemish cities were still rudely protected by palisades
and earthen ramparts. Nature had done much for Italy. Thanks to the
central situation of the peninsula, the trade between Northern Europe
and the Mediterranean converged upon her seaports and the Alpine passes
which stand above the valley of the Po. The untiring industry of Italian
capital and labour made Lombardy and Tuscany the homes of textile
manufactures, of scientific cultivation, of banking and finance. In
every port of the Levant, the Aegean and the Black Sea, the shipmen and
merchants of Venice, Benoa, and Pisa hunted for trade like
sleuth-hounds, and fought like wolves to secure a preference or a
monopoly. By land and sea the rule of life was competition for territory
and trade. War was a normal and often a welcome incident in the quest
for wealth; few Italians were free from the belief that conquests are a
short cut to prosperity, that trade follows the flag, and that the gain
of one community must be another's loss. Within the city walls, class
strove with class and family with family. Riot, massacre, and
proscription were the normal instruments of party warfare; minorities
conspired from fear of proscription, and majorities proscribed in order
to forestall conspiracy. Boundless, indeed, was the vitality of
republics which, under such conditions, not only throve, but also held
at bay the ablest sovereigns and the most formidable troops of Europe.
The best and the worst features of the communal regime are illustrated
in the resistance of the Lombard cities to Frederic Barbarossa, the
first Emperor who formulated and applied to Italy a scheme of absolutist
government. Between 1154 and 1176 the Lombards turned the course of
history. They prepared the way for Innocent III to plant his foot upon
the necks of kings, and for Innocent IV to destroy the House of
Hohenstauffen. That this would be the result of their stand for liberty,
neither they nor the other parties to the struggle could foretell. But
on both sides it was felt that the greatest issues were at stake. The
question was whether Italy should, once for all, accept a German yoke;
whether the Papacy should become a German patriarchate; whether free
institutions, both in Church and State, should give place to a
bureaucracy.
The question did not take this shape from the beginning. When Frederic
first intervened in Lombardy he came to protect the smaller cities
against the imperialist ambitions of Milan, to restore the public peace,
to investigate innumerable complaints of force and fraud. Many of the
cities hailed him as a deliverer; against him were only the clients of
Milan, or those who, on a humbler scale, aspired to emulate her policy.
Even so it was no easy matter to chastise the most insignificant of the
contumacious communes; and Milan, who refused point-blank to give
satisfaction for her lawless acts of conquests, or even to renounce what
she had won, could not safely be attacked.
Two circumstances were against the Emperor. Any war against the Lombards
must be a war of sieges; but the military science of the age was more
skilful in defence than in attack. And no war could be carried to a
prosperous conclusion without Italian help; for it was impossible to
interest the German princes in the wars of Italy, or to exact
substantial help from them. The first of these difficulties Frederic
Barbarossa never overcame. With the second he was more successful in the
middle period of the conflict (1158-1162); and it was then that the
representatives of Lombard independence were most nearly overwhelmed.
In 1158 he came back from Germany to besiege Milan, having carefully
concluded treaties with her rivals in Lombardy, in the Mark of Verona,
in Emilia and the Marches. With their help he starved the impregnable
city into a surrender on terms dictated by himself. In these there was
nothing to excite suspicion or alarm. It was a matter of course that the
Milanese should take the oath of allegiance and emancipate the enslaved
cities. He stipulated further for a palace in the city, and for the
restitution of all imperial prerogatives (regalia) which the
consuls had usurped; but the full import of these latter articles only
became clear some two months later, when he announced his future policy
at a Diet held on the plain of Roncaglia. He disclaimed the intention of
ruling as a tyrant, but demanded that his lawful rights should be
respected. As guardian of the public peace, he would permit no private
wars to be waged and no leagues to be formed among the cities. As lord
of the land, he claimed, under the title of regalia, a formidable
list of rights and dues which the jurists of Bologna had compiled at the
expense of much historical research. It included the nomination of the
highest magistrate in every city; the supreme jurisdiction in appeals
and criminal causes; the control of mints, markets, and highways; and
rights of purveyance and taxation. Some of these had been in abeyance
from time immemorial; most of them had been exercised by the cities for
more than fifty years. Frederic held that no prescription could avail
against the Crown; and, if this attitude seemed more appropriate to a
Justinian than to a King of the Lombards, there was still something to
be said for his claims on grounds of public policy. Till a strong
monarchy was re-established in Italy, city would oppress city, and the
strong would rob the weak. But such a monarchy could only be maintained
if an ample revenue were assured, and if the powers arrogated by the
communes were curtailed.
Even those cities which had originally supported Frederic began to waver
when they saw the logical consequences of his policy. They were not
disposed to cavil at any measures that he might take against Milan. But
to deal with friend and foe on the same principles struck them as
injustice. To run the risk of enslavement by a neighbour was an evil;
but it was worse to lose for ever the prospect of enslaving others. And
what guarantee was there that the new absolutism, once firmly in the
saddle, would always be benevolent, or would always be represented by
officials of integrity? The claims of the Emperor might be in a sense
historical; but the cities knew, if he did not, that the so-called
restoration of regalia was in effect a revolution. The time was
nearly ripe for general defection; loyalty was strained to
breaking-point when Frederic began to appoint for each city a resident
commissioner (podesta), empowered to exercise the regalian rights
and to collect the revenue accruing from them. But Milan was still
feared and hated. When she alleged that her recent treaty of
capitulation was infringed by the decrees of Roncaglia, and when she
expelled the envoys whom Frederic had sent to instal a podesta,
the other cities rallied to the imperial cause. There was one notable
exception. The little commune of Crema had been ordered to destroy her
walls; she refused, and made common cause with her great neighbour.
The imperial ban was issued against both cities (April 1159); troops
were hurriedly called up from Germany, and contingents were obtained
from the Italian allies, until Frederic had in the field a force
estimated at 100,000 men. But for six months he was held in check by the
resistance of Crema, which he had planned to reduce with a small force
while the main bulk of his levies were gathering for the siege of Milan.
The attack on Crema was cordially seconded by the citizens of the
neighbouring Cremona, who gave their assistance in diverting the
watercourses which ran through the city, and lent Frederic the most
famous of living engineers to make his siege-machines. Crema was
completely invested; and every known method of assault was tried. The
moat was filled with fascines, and movable towers of wood, so high as to
overtop the battlements, were brought up to the walls; which were also
attacked with rams, and undermined by sappers working in the shelter of
huge penthouses. But breaches were no sooner made than repaired; every
scaling-party was repulsed; and the defenders derided the Emperor in
opprobrious songs. For once in his life he descended to bluster and
ferocious inhumanity. He swore that he would give no quarter, he
executed captives within sight of the walls, and he suspended his
hostages in baskets from the most exposed parts of the siege-towers.
Fortunately for his fame he relented, when hunger and the desertion of
their master-engineer compelled the Cremesi to sue for terms. They
received permission to depart with as much property as they could carry
on their backs. The rest fell to the imperial army; and the men of
Cremona were commissioned to demolish the city, which they did with a
goodwill. The turn of Milan followed; the Emperor, warned by experience,
fell back upon the slow and costly, but irresistible method of blockade.
At the end of eight months (May 1161-Feb. 1162) the city was
surrendered, evacuated, and condemned to destruction—a sentence which
it was found impossible to execute completely, so solid were the
ramparts and so vast the buildings they enclosed. For the moment all
resistance seemed at an end. The policy outlined at Roncaglia could at
length be put in force through the length and breadth of Lombardy; and
Frederic departed for Germany, leaving trustworthy lieutenants to
complete the vindication of his Italian rights. It only remained to try
conclusions with a recalcitrant Pope and the evasive Normans of the
South. The Emperor already saw himself in imagination the master of
Italy, and even of the Western Mediterranean. Five years passed without
bringing him nearer to his goal. Then Frederic returned to effect the
expulsion of Alexander III from Rome. He succeeded in this object, and
was crowned in St. Peter's by the anti-Pope of his own choosing (August
1167). It was the highest point of his fortunes, and the calamities
which followed were so unforeseen and terrible that contemporaries saw
in them the hand of God. While he was still in Rome, a pestilence broke
out which cost him two thousand knights and his best counsellors. He was
forced to fly from the infected city. On his way to the north he found
the road barred by a new and formidable coalition. The Lombard League
had come into existence—an alliance organised by Cremona, hitherto the
staunchest of imperial allies, and closely linked with Venice, which
Frederic had regarded as a negligible quantity. Of the intentions of the
League there could be no doubt. The members were already engaged in the
rebuilding of Milan; they had admitted to their inmost councils a legate
of Alexander III; they announced that they would only render to the
Emperor his ancient and undoubted rights. Frederic would not trust
himself in their vicinity. Accompanied by a handful of knights he
escaped ignominiously to the north, taking a circuitous route through
Savoy. The Leaguers no longer troubled to mask their true intentions. As
a token of their unity they built the city of Alessandria, named after
Frederic's bitterest enemy, the lawful Pope; and they solemnly
repudiated the appellate jurisdiction of the imperial law-court (1168).
Six years elapsed before Frederic could return to demand satisfaction,
and even then he could only muster some eight thousand men. From October
1174 to April 1175 he was engaged, first in besieging Alessandria, and
then in making fruitless overtures to the League for a compromise. By
the end of 1175 he was virtually blockaded in Pavia with a dwindling
remnant of his army. Reinforced in the spring, he made a rapid march on
Milan, in the hope of taking unawares the headquarters of the League.
But the Lombards were forewarned, and met him, at Legnano (29th May
1176), with a force outnumbering his by more than two to one. The battle
was hotly contested. The Lombard vanguard, composed of cavalry,
scattered before the onslaught of the Germans. The Emperor then led a
charge which penetrated to the centre of the enemy's position. Here was
the banner of Milan, mounted on a triumphal car (carroccio) and
guarded by picked burgesses, who had sworn to defend their trust to the
death. Round them the fighting raged for hours; the Germans made no
impression on their ranks, and by degrees the Lombard troops who had
fled returned to renew the battle. At length the imperial
standard-bearer was slain, and Frederic himself unhorsed. Thinking all
was lost, the imperialists fled confusedly towards Pavia, which they
reached after suffering more loss in the flight than in the battle.
Frederic, cut off from his followers, only escaped capture by hiding for
some days until the road to Pavia was clear.
Legnano was no overwhelming catastrophe, but it was ominous that citizen
levies had defeated German knights in a fair field. Frederic's
counsellors insisted that it was foolhardiness to pursue the war
interminably, when at any moment the papal interest might gain the upper
hand in Germany. Peace must be made at any cost with Alexander, and he
would accept no peace from which the Lombards were excluded. Frederic
yielded to the inevitable with a good grace. A treaty was concluded with
the Pope in the same year (November 1176); a few months later, a six
years' truce with the Lombards was arranged at Venice; and at Constance,
in 1183, this was converted into a lasting peace. In form there was a
compromise. The cities, while retaining the regalia and the free
election of their consuls, recognised their allegiance to the Emperor
and his appellate jurisdiction. In reality the Emperor had surrendered
everything of value, and the cities ignored any stipulations in the
treaty which were unfavourable to them.
So matters remained until Frederic II, the grandson of Barbarossa,
having firmly established himself in his Sicilian heritage, began to
meditate a closer union between his dominions north and south of the
Alps. The better to secure his communications with Germany, he prepared
to enforce in Lombardy the imperial rights reserved at Constance (1226).
At once the dormant Lombard League revived. The Alpine passes were so
effectually blockaded that Frederic was left entirely dependent on his
Sicilian forces. He turned the flank of the League at length, by an
alliance with Ezzelin da Romano, the tyrant of Verona, which gave him
access to the Brenner pass; but the League retaliated by lending support
to his rebellious son, Henry, King of the Germans. So began another war
in Lombardy. Legnano was brilliantly avenged on the field of Cortenuova
(1237), where the Emperor routed the Milanese and captured the
carroccio, the symbol of their independence. But he, like his
grandfather, was worn out by the difficulties of siege warfare; and in
1240 he turned southward to reduce the States of the Church. One more
attempt he made on Lombardy in the winter of 1247-1248. But a disastrous
fiasco destroyed his hopes and gave a mortal blow to his prestige. For
five months he blockaded Parma, and the city was at the last gasp, when
he imprudently dismissed a part of his troops. The garrison saw their
opportunity, and made a desperate sortie while the Emperor was absent on
a hunting expedition. They surprised and burned the strongly fortified
camp which he had named Victoria; his baggage and even his crown jewels
were captured; more than half of his army were slain or taken, and the
rest fled in confusion to Cremona (18th February 1248). It was necessary
for Frederic to beat a retreat, and he appeared no more in Lombardy. His
son Enzio, whom he left to represent him, was captured next year by the
Bolognese and sentenced to perpetual captivity.
Frederic died in 1250; and from this year we may date both the
disruption of the Empire and the decadence of the free Italian commune.
What he had failed to effect, with the united power of Sicily and
Germany behind him, was accomplished by a score of petty local
dynasties. At Milan the Visconti completed the enslavement which the
Delia Torre had first planned; at Verona it was the Scaligeri who
entered on the imperial inheritance; at Ferrara, the Este; at Padua the
Carrara; at Mantua, the Gonzaga. The tide of despotism rose slowly but
surely, until in the fifteenth century Venice alone remained to remind
Italy of the possibility of freedom.
It is to Germany, rather than Italy or Flanders, that we must look for
the last and perhaps the most fruitful phase in the development of
medieval town life. Free institutions were acquired by the German towns
comparatively late; and although it was the Lombard commune which they
aspired to reproduce, they never succeeded in securing so large a
measure of independent power, or in making themselves the capitals of
petty States. The Hohenstauffen, like the early Capets, were sensible of
the advantages to be gained by alliance with the Third Estate; but
Frederic II was obliged to renounce the right of creating free imperial
cities within the fiefs of the great princes; and most towns were left
to bargain single-handed with their immediate lords. Shut off from any
prospects of territorial sovereignty, the towns, even those which held
from the Empire, were also excluded from the Diet until the close of the
fifteenth century. Trade afforded the only outlet for their activities.
But in trade they engaged with such success that, by the close of the
Middle Ages, Augsburg rivalled Florence as a centre of cosmopolitan
finance, and the Baltic towns had developed a commerce comparable to
that of the Mediterranean. It was the Baltic trade which gave birth to a
new form of municipal league, the famous Hansa. The nucleus of this
association was an alliance formed between Lubeck and Hamburg to protect
the traffic of the Elbe. Other cities were induced to affiliate
themselves, and in 1299 the Hansa absorbed the older Gothland League of
which Wisby was the centre. By the year 1400 there were upwards of
eighty Hanseatic cities, lying chiefly in the lower Rhineland, in
Saxony, in Brandenburg, and along the Baltic coast; but the commercial
sphere of the League extended from England to Russia and from Norway to
Cracow.
The Hanseatic cities were subject to many different suzerains, and were
federated only for the protection of their trade. The League was loosely
knit together; there was a representative congress which met at
irregular intervals in Lubeck; but the delegates had no power to bind
their cities. There was only a small federal revenue, no standing fleet
or army, and no means of coercing disobedient members save by exclusion
from trade privileges. Yet this amorphous union ranked for some purposes
as an independent power. The Hansa policed the Baltic and the waterways
and high roads of North Germany; it owned factories (steelyards) in
London, Bruges, Bergen, and Novgorod; it concluded commercial treaties,
and on occasion it waged wars. In the fourteenth century it monopolised
the Baltic trade, and was courted by all the nations which had interests
in that sea. In the fifteenth it began to decline, and in the age of the
Reformation sank into insignificance. New sea-Powers arose; England and
the Netherlands, Sweden and Denmark, came into competition with the
Hanso; the growth of territorialism in Germany sapped the independence
of the leading members of the league; and the Baltic trade, like that of
the Mediterranean, became of secondary importance when the Portuguese
had discovered the Cape route to India, and when the work of Columbus,
Cortes, and Pizarro opened up a New World in the Western hemisphere.