But the sturdy people of these thriving towns were very jealous of the
fundamental rights which had come down to them from their German
ancestors. A painting by the Belgian artist, Hennebicq, depicts a
landmark in the history of the Netherlands--Baldwin VI, Count of
Flanders, granting a charter of rights to the citizens of Grammont,
whose representatives stand before him with drawn swords. Baldwin, a
kingly, dignified figure, stands on a low platform, his left hand
resting on his sheathed sword, while the townsmen before him swear
allegiance in return for the guarantee of their liberties. The story is
this: Count Baldwin bought the land belonging to one Baron Gerard, and
laid it out as a town, to which the name Grammont was given, meaning
Gerard's Mont, or hill. To the men of this town the Count gave, in 1068,
the first charter of liberties ever granted in Europe. Not until 1215
was England's Magna Charta wrung from King John.
By the charter were granted "(1) individual liberty; (2) the right to
hold, buy, sell, inherit, or devise property; (3) the privilege of
being judged by a tribunal of '_échevins_' (councillors) elected in
accordance with local statutes, of giving evidence and of being exempt
from the judicial ordeals that still obtained throughout Belgium." The
townsmen were also allowed the ownership of the neighbouring forest and
the use of the meadows to pasture their cattle. A single reading of this
summary, while it shows how very elementary were these provisions, yet
makes it plain that this was the germ of those later charters
guaranteeing the fundamental rights of man.
In the words of an eminent writer, the Belgian _commune_ of this period
was essentially "a confederacy of the inhabitants of a town, living
within the gates, who bound themselves by an oath to lend advice and a
helping hand and to be true to one another, mutually and individually."
The most striking prerogatives of this free association, says the same
author, were "(1) a municipal counting-house; (2) a common house, or
town hall; (3) a seal; (4) a belfry (_belfort_ in Flemish), a lofty
tower which contained the town bell, and which ordinarily served as a
prison or a repository for the archives; and (5) an arsenal."
Besides these communal rights, there were individual, property and
judicial rights guaranteed by the charters of the towns, as was
mentioned in connection with the charter of Grammont. Serfs became
freemen. The vexatious _droit de halle_ was done away with, by which all
kinds of goods must be sold in a given place and were subject to heavy
duties. From this came, it is said, those immense _halles_, most of
which were built before the towns received their charters. Henceforward,
justice was to be administered by councillors drawn from the wealthy
burghers and "juries" representing the trade guilds, and fines and
penalties were no longer arbitrary impositions but were fixed by law.
Public-domain text, read in full here on John Shaqi.
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