German Culture Past and Present | Page 5

he obviously had the Roman villa in his mind, and on the model of this he rather further developed the previously existing court and villa constitution than completely reorganized it. Hence one finds even in his new creations the old foundation again, albeit on a far more extended plan, the economical side of such villa-colonies being especially more completely and effectively ordered."[2] The expression "Palatine," as applied to certain districts, bears testimony to the fact here referred to. As above said, the development of the township was everywhere on the same lines. The aim of the civic community was always to remove as far as possible the power which controlled them. Their worst condition was when they were immediately overshadowed by a territorial magnate. When their immediate lord was a prince, the area of whose feudal jurisdiction was more extensive, his rule was less oppressively felt, and their condition was therefore considerably improved. It was only, however, when cities were "free of the empire" (Reichsfrei) that they attained the ideal of medi?val civic freedom.
It follows naturally from the conditions described that there was, in the first place, a conflict between the primitive inhabitants as embodied in their corporate society and the territorial lord, whoever he might be. No sooner had the township acquired a charter of freedom or certain immunities than a new antagonism showed itself between the ancient corporation of the city and the trade-guilds, these representing the later accretions. The territorial lord (if any) now sided, usually though not always, with the patrician party. But the guilds, nevertheless, succeeded in ultimately wresting many of the leading public offices from the exclusive possession of the patrician families. Meanwhile the leading men of the guilds had become hommes arrivés. They had acquired wealth, and influence which was in many cases hereditary in their family, and by the beginning of the sixteenth century they were confronted with the more or less veiled and more or less open opposition of the smaller guildsmen and of the newest comers into the city, the shiftless proletariat of serfs and free peasants, whom economic pressure was fast driving within the walls, owing to the changed conditions of the times.
The peasant of the period was of three kinds: the leibeigener or serf, who was little better than a slave, who cultivated his lord's domain, upon whom unlimited burdens might be fixed, and who was in all respects amenable to the will of his lord; the h?riger or villein, whose services were limited alike in kind and amount; and the freier or free peasant, who merely paid what was virtually a quit-rent in kind or in money for being allowed to retain his holding or status in the rural community under the protection of the manorial lord. The last was practically the counterpart of the medi?val English copyholder. The Germans had undergone essentially the same transformations in social organization as the other populations of Europe.
The barbarian nations at the time of their great migration in the fifth century were organized on a tribal and village basis. The head man was simply primus inter pares. In the course of their wanderings the successful military leader acquired powers and assumed a position that was unknown to the previous times, when war, such as it was, was merely inter-tribal and inter-clannish, and did not involve the movements of peoples and federations of tribes, and when, in consequence, the need of permanent military leaders or for the semblance of a military hierarchy had not arisen. The military leader now placed himself at the head of the older social organization, and associated with his immediate followers on terms approaching equality. A well-known illustration of this is the incident of the vase taken from the Cathedral of Rheims, and of Chlodowig's efforts to rescue it from his independent comrade-in-arms.
The process of the development of the feudal polity of the Middle Ages is, of course, a very complicated one, owing to the various strands that go to compose it. In addition to the German tribes themselves, who moved en masse, carrying with them their tribal and village organization, under the overlordship of the various military leaders, were the indigenous inhabitants amongst whom they settled. The latter in the country districts, even in many of the territories within the Roman Empire, still largely retained the primitive communal organization. The new-comers, therefore, found in the rural communities a social system already in existence into which they naturally fitted, but as an aristocratic body over against the conquered inhabitants. The latter, though not all reduced to a servile condition, nevertheless held their land from the conquering body under conditions which constituted them an order of freemen inferior to the new-comers.
To put the matter briefly, the military leaders developed into barons and princes, and in some cases the