Medieval EuropeDavis, H. W. Carless (Henry William Carless)
History
Medieval Europe
Davis, H. W. Carless (Henry William Carless)
Europe -- History -- 476-1492; Middle Ages
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.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account