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.168 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.169
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 marketplaces, 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;170 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.171 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.172 And under the new defensors, whether laic or clerical, the citizens conquered full self-jurisdiction and self-administration for their folkmotes.173
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
