but rarely and confusedly in history; but in this there is nothing peculiar to the towns and the municipal regimen, for confusion and obscurity were at that time universal, and the nascent feudal system was plunged therein as well as the dying little municipal systems were. Many Roman municipalities were still subsisting without influencing any event of at all a general kind, and without leaving any trace; and as the feudal system grew and grew they still went on in the midst of universal darkness and anarchy. They had penetrated into the north of Gaul in fewer numbers and with a weaker organization than in the south, but still keeping their footing and vaunting themselves on their Roman origin in the face of their barbaric conquerors. The inhabitants of Rheims remembered with pride that their municipal magistracy and its jurisdiction were anterior to Clovis, dating as they did from before the days of St. Remigius, the apostle of the Franks. The burghers of Metz boasted of having enjoyed civil rights before there was any district of Lorraine: “Lorraine,” said they, “is young, and Metz is old.” The city of Bourges was one of the most complete examples of successive transformations and denominations attained by a Roman municipality from the sixth to the thirteenth century under the Merovingians, the Carlovingians, and the earliest Capetians. At the time of the invasion it had arenas, an amphitheatre, and all that characterized a Roman city. In the seventh century, the author of the life of St. Estadiola, born at Bourges, says that “she was the child of illustrious parents who, as worldly dignity is accounted, were notable by reason of senatorial rank; and Gregory of Tours quotes a judgment delivered by the principals (primores) of the city of Bourges. Coins of the time of Charles the Bald are struck with the name of the city of Bourges and its inhabitants (Bituriges). In 1107, under Philip I., the members of the municipal body of Bourges are named prud’hommes. In two charters, one of Louis the Young, in 1145, and the other of Philip Augustus, in 1218, the old senators of Bourges have the name at one time of bons hommes, at another of barons of the city. Under different names, in accordance with changes of language, the Roman municipal regimen held on and adapted itself to new social conditions.”
In our own day there has been far too much inclination to dispute, and M. Augustin Thierry has, in M. Guizot’s opinion, made far too little of, the active and effective part played by the kingship in the formation and protection of the French communes. Not only did the kings, as we shall presently see, often interpose as mediators in the quarrels of the communes with their laic or ecclesiastical lords, but many amongst them assumed in their own domains and to the profit of the communes an intelligent and beneficial initiative. The city of Orleans was a happy example of this. It was of ancient date, and had prospered under the Roman empire; nevertheless the continuance of the Roman municipal regimen does not appear there clearly as we have just seen that it did in the case of Bourges; it is chiefly from the middle ages and their kings that Orleans held its municipal franchises and its privileges; they never raised it to a commune, properly so called, by a charter sworn to and guaranteed by independent institutions, but they set honestly to work to prevent local oppression, to reform abuses, and make justice prevail there. From 1051 to 1281 there are to be found in the Recueil des ordonnances des rois seven important charters relating to Orleans. In 1051, at the demand of the people of Orleans and its bishop, who appears in the charter as the head of the people, the defender of the city, Henry I. secures to the inhabitants of Orleans freedom of labor and of going to and fro during the vintages, and interdicts his agents from exacting anything upon the entry of wines. From 1137 to 1178, during the administration of Suger, Louis the Young in four successive ordinances gives, in respect of Orleans, precise guarantees for freedom of trade, security of person and property, and the internal peace of the city; and in 1183 Philip Augustus exempts from all talliage, that is, from all personal impost, the present and future inhabitants of Orleans, and grants them divers privileges, amongst others that of not going to law-courts farther from their homes than Etampes. In 1281 Philip the Bold renews and confirms the concessions of Philip Augustus. Orleans was not, within the royal domain, the only city where the kings of that period were careful to favor the progress of the population, of wealth, and of security; several other cities, and even less considerable burghs, obtained similar favor; and in 1155 Louis the Young, probably in confirmation of an act of his father, Louis the Fat, granted to the little town of Lorris, in Gatinais (nowadays chief place of a canton in the department of the Loiret), a charter, full of detail, which regulated its interior regimen in financial, commercial, judicial, and military matters, and secured to all its inhabitants good conditions in respect of civil life. This charter was in the course of the twelfth century regarded as so favorable that it was demanded by a great number of towns and burghs; the king was asked for the customs of Lorris (consuetudines Lauracienses), and in the space of fifty years they were granted to seven towns, some of them a considerable distance from Orleanness. The towns which obtained them did not become by this qualification communes properly so called in the special and historical sense of the word; they had no jurisdiction of their own, no independent magistracy; they had not their own government in their hands; the king’s officers, provosts, bailiffs, or others, were the only persons who exercised there a real and decisive power. But the king’s promises to the inhabitants, the rights which he authorized them to claim from him, and the rules which he imposed upon his officers in their government, were not concessions which were of no value or which remained without fruit. As we follow in the course of our history the towns which, without having been raised to communes properly so called, had obtained advantages of that kind, we see them developing and growing in population and wealth, and sticking more and more closely to that kingship from which they had received their privileges, and which, for all its imperfect observance and even frequent violation of promises, was nevertheless accessible to complaint, repressed from time to time the misbehavior of its officers, renewed at need and even extended privileges, and, in a word, promoted in its administration the progress of civilization and the counsels of reason, and thus attached the burghers to itself without recognizing on their side those positive rights and those guarantees of administrative independence which are in a perfect and solidly constructed social fabric the foundation of political liberty.
Nor was it the kings alone who in the middle ages listened to the counsels of reason, and recognized in their behavior towards their towns the rights of justice. Many bishops had become the feudal lords of the episcopal city; and the Christian spirit enlightened and animated many amongst them just as the monarchical spirit sometimes enlightened and guided the kings. Troubles had arisen in the town of Cambrai between the bishops and the people. “There was amongst the members of the metropolitan clergy,” says M. Augustin Thierry, “a certain Baudri de Sarchainville, a native of Artois, who had the title of chaplain of the bishopric. He was a man of high character and of wise and reflecting mind. He did not share the violent aversion felt by most of his order for the institution of communes. He saw in this institution a sort of necessity beneath which it would be inevitable sooner or later, Willy nilly, to bow, and he thought it was better to surrender to the wishes of the citizens than to shed blood in order to postpone for a while an unavoidable revolution. In 1098 he was elected Bishop of Noyon. He found this town in the same state in which he had seen that of Cambrai. The burghers were at daily loggerheads with the metropolitan clergy, and the registers of the Church contained a host of documents entitled Peace made between us and the burghers of Noyon. But no reconciliation was lasting; the truce was soon broken, either by the clergy or by the citizens, who were the more touchy in that they had less security for their persons and their property. The new bishop thought that the establishment of a commune sworn to by both the rival parties might become a sort of compact of alliance between them, and he set about realizing this noble idea before the word commune had served at Noyon as the rallying cry of popular insurrection. Of his own mere motion he convoked in assembly all the inhabitants of the town, clergy, knights, traders, and craftsmen. He presented them with a charter which constituted the body of burghers an association forever under magistrates called jury-men, like those of Cambrai. ‘Whosoever,’ said the charter, ‘shall desire to enter this commune shall not be able to be received as a member of it by a single individual, but only in the presence of the jurymen. The sum of money he shall then give shall be employed for the benefit of the town, and not for the private advantage of any one whatsoever. If the commune be outraged, all
