Part 12 (1/2)

16. See Tuetey, ”Etude sur Le droit munic.i.p.al ... en Franche-Comte,” in Memoires de la Societe d'emulation de Montbeliard, 2e serie, ii. 129 seq.

17. This seems to have been often the case in Italy. In Switzerland, Bern bought even the towns of Thun and Burgdorf.

18. Such was, at least, the case in the cities of Tuscany (Florence, Lucca, Sienna, Bologna, etc.), for which the relations between city and peasants are best known. (Luchitzkiy, ”Slavery and Russian Slaves in Florence,” in Kieff University Izvestia for 1885, who has perused Rumohr's Ursprung der Besitzlosigkeit der Colonien in Toscana, 1830.) The whole matter concerning the relations between the cities and the peasants requires much more study than has. .h.i.therto been done.

19. Ferrari's generalizations are often too theoretical to be always correct; but his views upon the part played by the n.o.bles in the city wars are based upon a wide range of authenticated facts.

20. Only such cities as stubbornly kept to the cause of the barons, like Pisa or Verona, lost through the wars. For many towns which fought on the barons' side, the defeat was also the beginning of liberation and progress.

21. Ferrari, ii. 18, 104 seq.; Leo and Botta, i. 432.

22. Joh. Falke, Die Hansa Als Deutsche See-und Handelsmacht, Berlin, 1863, pp. 31, 55.

23. For Aachen and Cologne we have direct testimony that the bishops of these two cities--one of them bought by the enemy opened to him the gates.

24. See the facts, though not always the conclusions, of Nitzsch, iii.

133 seq.; also Kallsen, i. 458, etc.

25. On the Commune of the Laonnais, which, until Melleville's researches (Histoire de la Commune du Laonnais, Paris, 1853), was confounded with the Commune of Laon, see Luchaire, pp. 75 seq. For the early peasants'

guilds and subsequent unions see R. Wilman's ”Die landlichen Schutzgilden Westphaliens,” in Zeitschrift fur Kulturgeschichte, neue Folge, Bd. iii., quoted in Henne-am-Rhyn's Kulturgeschichte, iii. 249.

26. Luchaire, p. 149.

27. Two important cities, like Mainz and Worms, would settle a political contest by means of arbitration. After a civil war broken out in Abbeville, Amiens would act, in 1231, as arbiter (Luchaire, 149); and so on.

28. See, for instance, W. Stieda, Hansische Vereinbarungen, l.c., p.

114.

29. Cosmo Innes's Early Scottish History and Scotland in Middle Ages, quoted by Rev. Denton, l.c., pp. 68, 69; Lamprecht's Deutsches wirthschaftliche Leben im Mittelalter, review by Schmoller in his Jahrbuch, Bd. xii.; Sismondi's Tableau de l'agriculture toscane, pp. 226 seq. The dominions of Florence could be recognized at a glance through their prosperity.

30. Mr. John J. Ennett (Six Essays, London, 1891) has excellent pages on this aspect of medieval architecture. Mr. Willis, in his appendix to Whewell's History of Inductive Sciences (i. 261-262), has pointed out the beauty of the mechanical relations in medieval buildings. ”A new decorative construction was matured,” he writes, ”not thwarting and controlling, but a.s.sisting and harmonizing with the mechanical construction. Every member, every moulding, becomes a sustainer of weight; and by the multiplicity of props a.s.sisting each other, and the consequent subdivision of weight, the eye was satisfied of the stability of the structure, notwithstanding curiously slender aspects of the separate parts.” An art which sprang out of the social life of the city could not be better characterized.

31. Dr. L. Ennen, Der Dom zu Koln, seine Construction und Anstaltung, Koln, 1871.

32. The three statues are among the outer decorations of Notre Dame de Paris.

33. Mediaeval art, like Greek art, did not know those curiosity shops which we call a National Gallery or a Museum. A picture was painted, a statue was carved, a bronze decoration was cast to stand in its proper place in a monument of communal art. It lived there, it was part of a whole, and it contributed to give unity to the impression produced by the whole.

34. Cf. J. T. Ennett's ”Second Essay,” p. 36.

35. Sismondi, iv. 172; xvi. 356. The great ca.n.a.l, Naviglio Grande, which brings the water from the Tessino, was begun in 1179, i.e. after the conquest of independence, and it was ended in the thirteenth century. On the subsequent decay, see xvi. 355.

36. In 1336 it had 8,000 to 10,000 boys and girls in its primary schools, 1,000 to 1,200 boys in its seven middle schools, and from 550 to 600 students in its four universities. The thirty communal hospitals contained over 1,000 beds for a population of 90,000 inhabitants (Capponi, ii. 249 seq.). It has more than once been suggested by authoritative writers that education stood, as a rule, at a much higher level than is generally supposed. Certainly so in democratic Nuremberg.

37. Cf. L. Ranke's excellent considerations upon the essence of Roman Law in his Weltgeschichte, Bd. iv. Abth. 2, pp. 20-31. Also Sismondi's remarks upon the part played by the legistes in the const.i.tution of royal authority, Histoire des Francais, Paris, 1826, viii. 85-99. The popular hatred against these ”weise Doktoren und Beutelschneider des Volks” broke out with full force in the first years of the sixteenth century in the sermons of the early Reform movement.

38. Brentano fully understood the fatal effects of the struggle between the ”old burghers” and the new-comers. Miaskowski, in his work on the village communities of Switzerland, has indicated the same for village communities.

39. The trade in slaves kidnapped in the East was never discontinued in the Italian republics till the fifteenth century. Feeble traces of it are found also in Germany and elsewhere. See Cibrario. Della schiavitu e del servaggio, 2 vols. Milan, 1868; Professor Luchitzkiy, ”Slavery and Russian Slaves in Florence in the Fourteenth and Fifteenth Centuries,”