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under the protection of a special saint is social and religious. If the institution of the guild has taken such an immense extension in Asia, Africa, and Europe, if it has lived thousands of years, reappearing again and again when similar conditions called it into existence, it is because it was much more than an eating association, or an association for going to church on a certain day, or a burial club. It answered to a deeply inrooted want of human nature; and it embodied all the attributes which the State appropriated later on for its bureaucracy and police, and much more than that. It was an association for mutual support in all circumstances and in all accidents of life, ā€œby deed and advise,ā€ and it was an organization for maintaining justiceā ā€”with this difference from the State, that on all these occasions a humane, a brotherly element was introduced instead of the formal element which is the essential characteristic of State interference. Even when appearing before the guild tribunal, the guild-brother answered before men who knew him well and had stood by him before in their daily work, at the common meal, in the performance of their brotherly duties: men who were his equals and brethren indeed, not theorists of law nor defenders of someone elseā€™s interests.193

It is evident that an institution so well suited to serve the need of union, without depriving the individual of his initiative, could but spread, grow, and fortify. The difficulty was only to find such form as would permit to federate the unions of the guilds without interfering with the unions of the village communities, and to federate all these into one harmonious whole. And when this form of combination had been found, and a series of favourable circumstances permitted the cities to affirm their independence, they did so with a unity of thought which can but excite our admiration, even in our century of railways, telegraphs, and printing. Hundreds of charters in which the cities inscribed their liberation have reached us, and through all of themā ā€”notwithstanding the infinite variety of details, which depended upon the more or less greater fullness of emancipationā ā€”the same leading ideas run. The city organized itself as a federation of both small village communities and guilds.

ā€œAll those who belong to the friendship of the townā€ā ā€”so runs a charter given in 1188 to the burghesses of Aire by Philip, Count of Flandersā ā€”ā€œhave promised and confirmed by faith and oath that they will aid each other as brethren, in whatever is useful and honest. That if one commits against another an offence in words or in deeds, the one who has suffered there from will not take revenge, either himself or his peopleā ā€Šā ā€¦ he will lodge a complaint and the offender will make good for his offence, according to what will be pronounced by twelve elected judges acting as arbiters, And if the offender or the offended, after having been warned thrice, does not submit to the decision of the arbiters, he will be excluded from the friendship as a wicked man and a perjuror.194

ā€œEach one of the men of the commune will be faithful to his con-juror, and will give him aid and advice, according to what justice will dictate himā€ā ā€”the Amiens and Abbeville charters say. ā€œAll will aid each other, according to their powers, within the boundaries of the Commune, and will not suffer that anyone takes anything from any one of them, or makes one pay contributionsā€ā ā€”do we read in the charters of Soissons, CompiĆØgne, Senlis, and many others of the same type.195 And so on with countless variations on the same theme.

ā€œThe Commune,ā€ Guilbert de Nogent wrote, ā€œis an oath of mutual aid (mutui adjutorii conjuratio)ā ā€Šā ā€¦ A new and detestable word. Through it the serfs (capite sensi) are freed from all serfdom; through it, they can only be condemned to a legally determined fine for breaches of the law; through it, they cease to be liable to payments which the serfs always used to pay.ā€196

The same wave of emancipation ran, in the twelfth century, through all parts of the continent, involving both rich cities and the poorest towns. And if we may say that, as a rule, the Italian cities were the first to free themselves, we can assign no centre from which the movement would have spread. Very often a small burg in central Europe took the lead for its region, and big agglomerations accepted the little townā€™s charter as a model for their own. Thus, the charter of a small town, Lorris, was adopted by eighty-three towns in southwest France, and that of Beaumont became the model for over five hundred towns and cities in Belgium and France. Special deputies were dispatched by the cities to their neighbours to obtain a copy from their charter, and the constitution was framed upon that model. However, they did not simply copy each other: they framed their own charters in accordance with the concessions they had obtained from their lords; and the result was that, as remarked by an historian, the charters of the medieval communes offer the same variety as the Gothic architecture of their churches and cathedrals. The same leading ideas in all of themā ā€”the cathedral symbolizing the union of parish and guild in the cityā ā€”and the same infinitely rich variety of detail.

Self-jurisdiction was the essential point, and self-jurisdiction meant self-administration. But the commune was not simply an ā€œautonomousā€ part of the Stateā ā€”such ambiguous words had not yet been invented by that timeā ā€”it was a State in itself. It had the right of war and peace, of federation and alliance with its neighbours. It was sovereign in its own affairs, and mixed with no others. The supreme political power could be vested entirely in a democratic forum, as was the case in Pskov, whose vyeche sent and received ambassadors, concluded treaties, accepted and sent away princes, or went

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