Part 9 (2/2)

5. See Sir Henry Maine's International Law, London, 1888.

6. Ancient Laws of Ireland, Introduction; E. Nys, Etudes de droit international, t. i., 1896, pp. 86 seq. Among the Ossetes the arbiters from three oldest villages enjoy a special reputation (M. Kovalevsky's Modern Custom and Old Law, Moscow, 1886, ii. 217, Russian).

7. It is permissible to think that this conception (related to the conception of tanistry) played an important part in the life of the period; but research has not yet been directed that way.

8. It was distinctly stated in the charter of St. Quentin of the year 1002 that the ransom for houses which had to be demolished for crimes went for the city walls. The same destination was given to the Ungeld in German cities. At Pskov the cathedral was the bank for the fines, and from this fund money was taken for the wails.

9. Sohm, Frankische Rechts-und Gerichtsverfa.s.sung, p. 23; also Nitzsch, Geschichte des deutschen Volkes, i. 78.

10. See the excellent remarks on this subject in Augustin Thierry's Lettres sur l'histoire de France. 7th Letter. The barbarian translations of parts of the Bible are extremely instructive on this point.

11. Thirty-six times more than a n.o.ble, according to the Anglo-Saxon law. In the code of Rothari the slaying of a king is, however, punished by death; but (apart from Roman influence) this new disposition was introduced (in 646) in the Lombardian law--as remarked by Leo and Botta--to cover the king from blood revenge. The king being at that time the executioner of his own sentences (as the tribe formerly was of its own sentences), he had to be protected by a special disposition, the more so as several Lombardian kings before Rothari had been slain in succession (Leo and Botta, l.c., i. 66-90).

12. Kaufmann, Deutsche Geschichte, Bd. I. ”Die Germanen der Urzeit,” p.

133.

13. Dr. F. Dahn, Urgeschichte der germanischen und romanischen Volker, Berlin, 1881, Bd. I. 96.

14. If I thus follow the views long since advocated by Maurer (Geschichte der Stadteverfa.s.sung in Deutschland, Erlangen, 1869), it is because he has fully proved the uninterrupted evolution from the village community to the mediaeval city, and that his views alone can explain the universality of the communal movement. Savigny and Eichhorn and their followers have certainly proved that the traditions of the Roman municipia had never totally disappeared. But they took no account of the village community period which the barbarians lived through before they had any cities. The fact is, that whenever mankind made a new start in civilization, in Greece, Rome, or middle Europe, it pa.s.sed through the same stages--the tribe, the village community, the free city, the state--each one naturally evolving out of the preceding stage. Of course, the experience of each preceding civilization was never lost.

Greece (itself influenced by Eastern civilizations) influenced Rome, and Rome influenced our civilization; but each of them begin from the same beginning--the tribe. And just as we cannot say that our states are continuations of the Roman state, so also can we not say that the mediaeval cities of Europe (including Scandinavia and Russia) were a continuation of the Roman cities. They were a continuation of the barbarian village community, influenced to a certain extent by the traditions of the Roman towns.

15. M. Kovalevsky, Modern Customs and Ancient Laws of Russia (Ilchester Lectures, London, 1891, Lecture 4).

16. A considerable amount of research had to be done before this character of the so-called udyelnyi period was properly established by the works of Byelaeff (Tales from Russian History), Kostomaroff (The Beginnings of Autocracy in Russia), and especially Professor Sergievich (The Vyeche and the Prince). The English reader may find some information about this period in the just-named work of M. Kovalevsky, in Rambaud's History of Russia, and, in a short summary, in the article ”Russia” of the last edition of Chambers's Encyclopaedia.

17. Ferrari, Histoire des revolutions d'Italie, i. 257; Kallsen, Die deutschen Stadte im Mittelalter, Bd. I. (Halle, 1891).

18. See the excellent remarks of Mr. G.L. Gomme as regards the folkmote of London (The Literature of Local Inst.i.tutions, London, 1886, p. 76).

It must, however, be remarked that in royal cities the folkmote never attained the independence which it a.s.sumed elsewhere. It is even certain that Moscow and Paris were chosen by the kings and the Church as the cradles of the future royal authority in the State, because they did not possess the tradition of folkmotes accustomed to act as sovereign in all matters.

19. A. Luchaire, Les Communes francaises; also Kluckohn, Geschichte des Gottesfrieden, 1857. L. Semichon (La paix et la treve de Dieu, 2 vols., Paris, 1869) has tried to represent the communal movement as issued from that inst.i.tution. In reality, the treuga Dei, like the league started under Louis le Gros for the defence against both the robberies of the n.o.bles and the Norman invasions, was a thoroughly popular movement. The only historian who mentions this last league--that is, Vitalis--describes it as a ”popular community” (”Considerations sur l'histoire de France,” in vol. iv. of Aug. Thierry's OEuvres, Paris, 1868, p. 191 and note).

20. Ferrari, i. 152, 263, etc.

21. Perrens, Histoire de Florence, i. 188; Ferrari, l.c., i. 283.

22. Aug. Thierry, Essai sur l'histoire du Tiers Etat, Paris, 1875, p.

414, note.

23. F. Rocquain, ”La Renaissance au XIIe siecle,” in Etudes sur l'histoire de France, Paris, 1875, pp. 55-117.

24. N. Kostomaroff, ”The Rationalists of the Twelfth Century,” in his Monographies and Researches (Russian).

25. Very interesting facts relative to the universality of guilds will be found in ”Two Thousand Years of Guild Life,” by Rev. J. M. Lambert, Hull, 1891. On the Georgian amkari, see S. Eghiazarov, Gorodskiye Tsekhi (”Organization of Transcaucasian Amkari”), in Memoirs of the Caucasian Geographical Society, xiv. 2, 1891.

26. J.D. Wunderer's ”Reisebericht” in Fichard's Frankfurter Archiv, ii.

245; quoted by Janssen, Geschichte des deutschen Volkes, i. 355.

27. Dr. Leonard Ennen, Der Dom zu Koln, Historische Einleitung, Koln, 1871, pp. 46, 50.

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