German Culture Past and Present | Page 4

a microcosm of that of the entire empire. At the apex of the municipal society was the Bürgermeister and the so-called "Honorability" (Ehrbarkeit), which consisted of the patrician clans or gentes (in most cases), those families which were supposed to be descended from the original chartered freemen of the town, the old Mark-brethren. They comprised generally the richest families, and had monopolized the entire government of the city, together with the right to administer its various sources of income and to consume its revenue at their pleasure. By the time, however, of which we are writing, the trade-guilds had also attained to a separate power of their own, and were in some cases ousting the burgher-aristocracy, though they were very generally susceptible of being manipulated by the members of the patrician class, who, as a rule, could alone sit in the Council (Rath). The latter body stood, in fact, as regards the town, much in the relation of the feudal lord to his manor. Strong in their wealth and in their aristocratic privileges, the patricians lorded it alike over the townspeople and over the neighbouring peasantry, who were subject to the municipality. They forestalled and regrated with impunity. They assumed the chief rights in the municipal lands, in many cases imposed duties at their own caprice, and turned guild privileges and rights of citizenship into a source of profit for themselves. Their bailiffs in the country districts forming part of their territory were often more voracious in their treatment of the peasants than even the nobles themselves. The accounts of income and expenditure were kept in the loosest manner, and embezzlement clumsily concealed was the rule rather than the exception.
The opposition of the non-privileged citizens, usually led by the wealthier guildsmen not belonging to the aristocratic class, operated through the guilds and through the open assembly of the citizens. It had already frequently succeeded in establishing a representation of the general body of the guildsmen in a so-called Great Council (Grosser Rath), and in addition, as already said, in ousting the "honorables" from some of the public functions. Altogether the patrician party, though still powerful enough, was at the opening of the sixteenth century already on the decline, the wealthy and unprivileged opposition beginning in its turn to constitute itself into a quasi-aristocratic body as against the mass of the poorer citizens and those outside the pale of municipal rights. The latter class was now becoming an important and turbulent factor in the life of the larger cities. The craft-guilds, consisting of the body of non-patrician citizens, were naturally in general dominated by their most wealthy section.
We may here observe that the development of the medi?val township from its earliest beginnings up to the period of its decay in the sixteenth century was almost uniformly as follows:[1] At first the township, or rather what later became the township, was represented entirely by the circle of gentes or group-families originally settled within the mark or district on which the town subsequently stood. These constituted the original aristocracy from which the tradition of the Ehrbarkeit dated. In those towns founded by the Romans, such as Trier, Aachen, and others, the case was of course a little different. There the origin of the Ehrbarkeit may possibly be sought for in the leading families of the Roman provincials who were in occupation of the town at the coming of the barbarians in the fifth century. Round the original nucleus there gradually accreted from the earliest period of the Middle Ages the freed men of the surrounding districts, fugitive serfs, and others who sought that protection and means of livelihood in a community under the immediate domination of a powerful lord, which they could not otherwise obtain when their native village-community had perchance been raided by some marauding noble and his retainers. Circumstances, amongst others the fact that the community to which they attached themselves had already adopted commerce and thus become a guild of merchants, led to the differentiation of industrial functions amongst the new-comers, and thus to the establishment of craft-guilds.
Another origin of the townsfolk, which must not be overlooked, is to be found in the attendants on the palace-fortress of some great overlord. In the early Middle Ages all such magnates kept up an extensive establishment, the greater ecclesiastical lords no less than the secular often having several castles. In Germany this origin of the township was furthered by Charles the Great, who established schools and other civil institutions, with a magistrate at their head, round many of the palace-castles that he founded. "A new epoch," says Von Maurer, "begins with the villa-foundations of Charles the Great and his ordinances respecting them, for that his celebrated capitularies in this connection were intended for his newly established villas is self-evident. In that proceeding