Mutual Aid: A Factor of Evolution Part 12

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,"

in Izvestia of the Kieff University, 1885.

40. J.R. Green's History of the English People, London, 1878, i. 455.

41. See the theories expressed by the Bologna lawyers, already at the Congress of Roncaglia in 1158.

CHAPTER VII

MUTUAL AID AMONGST OURSELVES

Popular revolts at the beginning of the State-period. Mutual Aid inst.i.tutions of the present time. The village community; its struggles for resisting its abolition by the State. Habits derived from the village-community life, retained in our modern villages. Switzerland, France, Germany, Russia.

The mutual-aid tendency in man has so remote an origin, and is so deeply interwoven with all the past evolution of the human race, that it has been maintained by mankind up to the present time, notwithstanding all vicissitudes of history. It was chiefly evolved during periods of peace and prosperity; but when even the greatest calamities befell men--when whole countries were laid waste by wars, and whole populations were decimated by misery, or groaned under the yoke of tyranny--the same tendency continued to live in the villages and among the poorer cla.s.ses in the towns; it still kept them together, and in the long run it reacted even upon those ruling, fighting, and devastating minorities which dismissed it as sentimental nonsense. And whenever mankind had to work out a new social organization, adapted to a new phasis of development, its constructive genius always drew the elements and the inspiration for the new departure from that same ever-living tendency.

New economical and social inst.i.tutions, in so far as they were a creation of the ma.s.ses, new ethical systems, and new religions, all have originated from the same source, and the ethical progress of our race, viewed in its broad lines, appears as a gradual extension of the mutual-aid principles from the tribe to always larger and larger agglomerations, so as to finally embrace one day the whole of mankind, without respect to its divers creeds, languages, and races.

After having pa.s.sed through the savage tribe, and next through the village community, the Europeans came to work out in medieval times a new form of organization, which had the advantage of allowing great lat.i.tude for individual initiative, while it largely responded at the same time to man's need of mutual support. A federation of village communities, covered by a network of guilds and fraternities, was called into existence in the medieval cities. The immense results achieved under this new form of union--in well-being for all, in industries, art, science, and commerce--were discussed at some length in two preceding chapters, and an attempt was also made to show why, towards the end of the fifteenth century, the medieval republics--surrounded by domains of hostile feudal lords, unable to free the peasants from servitude, and gradually corrupted by ideas of Roman Caesarism--were doomed to become a prey to the growing military States.

However, before submitting for three centuries to come, to the all-absorbing authority of the State, the ma.s.ses of the people made a formidable attempt at reconstructing society on the old basis of mutual aid and support. It is well known by this time that the great movement of the reform was not a mere revolt against the abuses of the Catholic Church. It had its constructive ideal as well, and that ideal was life in free, brotherly communities. Those of the early writings and sermons of the period which found most response with the ma.s.ses were imbued with ideas of the economical and social brotherhood of mankind. The "Twelve Articles" and similar professions of faith, which were circulated among the German and Swiss peasants and artisans, maintained not only every one's right to interpret the Bible according to his own understanding, but also included the demand of communal lands being restored to the village communities and feudal servitudes being abolished, and they always alluded to the "true" faith--a faith of brotherhood. At the same time scores of thousands of men and women joined the communist fraternities of Moravia, giving them all their fortune and living in numerous and prosperous settlements constructed upon the principles of communism.(1) Only wholesale ma.s.sacres by the thousand could put a stop to this widely-spread popular movement, and it was by the sword, the fire, and the rack that the young States secured their first and decisive victory over the ma.s.ses of the people.(2)

For the next three centuries the States, both on the Continent and in these islands, systematically weeded out all inst.i.tutions in which the mutual-aid tendency had formerly found its expression. The village communities were bereft of their folkmotes, their courts and independent administration; their lands were confiscated. The guilds were spoliated of their possessions and liberties, and placed under the control, the fancy, and the bribery of the State's official. The cities were divested of their sovereignty, and the very springs of their inner life--the folkmote, the elected justices and administration, the sovereign parish and the sovereign guild--were annihilated; the State's functionary took possession of every link of what formerly was an organic whole. Under that fatal policy and the wars it engendered, whole regions, once populous and wealthy, were laid bare; rich cities became insignificant boroughs; the very roads which connected them with other cities became impracticable. Industry, art, and knowledge fell into decay. Political education, science, and law were rendered subservient to the idea of State centralization. It was taught in the Universities and from the pulpit that the inst.i.tutions in which men formerly used to embody their needs of mutual support could not be tolerated in a properly organized State; that the State alone could represent the bonds of union between its subjects; that federalism and "particularism" were the enemies of progress, and the State was the only proper initiator of further development. By the end of the last century the kings on the Continent, the Parliament in these isles, and the revolutionary Convention in France, although they were at war with each other, agreed in a.s.serting that no separate unions between citizens must exist within the State; that hard labour and death were the only suitable punishments to workers who dared to enter into "coalitions." "No state within the State!" The State alone, and the State's Church, must take care of matters of general interest, while the subjects must represent loose aggregations of individuals, connected by no particular bonds, bound to appeal to the Government each time that they feel a common need. Up to the middle of this century this was the theory and practice in Europe. Even commercial and industrial societies were looked at with suspicion. As to the workers, their unions were treated as unlawful almost within our own lifetime in this country and within the last twenty years on the Continent. The whole system of our State education was such that up to the present time, even in this country, a notable portion of society would treat as a revolutionary measure the concession of such rights as every one, freeman or serf, exercised five hundred years ago in the village folkmote, the guild, the parish, and the city.

The absorption of all social functions by the State necessarily favoured the development of an unbridled, narrow-minded individualism. In proportion as the obligations towards the State grew in numbers the citizens were evidently relieved from their obligations towards each other. In the guild--and in medieval times every man belonged to some guild or fraternity two "brothers" were bound to watch in turns a brother who had fallen ill; it would be sufficient now to give one's neighbour the address of the next paupers' hospital. In barbarian society, to a.s.sist at a fight between two men, arisen from a quarrel, and not to prevent it from taking a fatal issue, meant to be oneself treated as a murderer; but under the theory of the all-protecting State the bystander need not intrude: it is the policeman's business to interfere, or not. And while in a savage land, among the Hottentots, it would be scandalous to eat without having loudly called out thrice whether there is not somebody wanting to share the food, all that a respectable citizen has to do now is to pay the poor tax and to let the starving starve. The result is, that the theory which maintains that men can, and must, seek their own happiness in a disregard of other people's wants is now triumphant all round in law, in science, in religion. It is the religion of the day, and to doubt of its efficacy is to be a dangerous Utopian. Science loudly proclaims that the struggle of each against all is the leading principle of nature, and of human societies as well. To that struggle Biology ascribes the progressive evolution of the animal world. History takes the same line of argument; and political economists, in their naive ignorance, trace all progress of modern industry and machinery to the "wonderful" effects of the same principle.

The very religion of the pulpit is a religion of individualism, slightly mitigated by more or less charitable relations to one's neighbours, chiefly on Sundays. "Practical" men and theorists, men of science and religious preachers, lawyers and politicians, all agree upon one thing--that individualism may be more or less softened in its harshest effects by charity, but that it is the only secure basis for the maintenance of society and its ulterior progress.

It seems, therefore, hopeless to look for mutual-aid inst.i.tutions and practices in modern society. What could remain of them? And yet, as soon as we try to ascertain how the millions of human beings live, and begin to study their everyday relations, we are struck with the immense part which the mutual-aid and mutual-support principles play even now-a-days in human life. Although the destruction of mutual-aid inst.i.tutions has been going on in practice and theory, for full three or four hundred years, hundreds of millions of men continue to live under such inst.i.tutions; they piously maintain them and endeavour to reconst.i.tute them where they have ceased to exist. In our mutual relations every one of us has his moments of revolt against the fashionable individualistic creed of the day, and actions in which men are guided by their mutual aid inclinations const.i.tute so great a part of our daily intercourse that if a stop to such actions could be put all further ethical progress would be stopped at once. Human society itself could not be maintained for even so much as the lifetime of one single generation. These facts, mostly neglected by sociologists and yet of the first importance for the life and further elevation of mankind, we are now going to a.n.a.lyze, beginning with the standing inst.i.tutions of mutual support, and pa.s.sing next to those acts of mutual aid which have their origin in personal or social sympathies.

When we cast a broad glance on the present const.i.tution of European society we are struck at once with the fact that, although so much has been done to get rid of the village community, this form of union continues to exist to the extent we shall presently see, and that many attempts are now made either to reconst.i.tute it in some shape or another or to find some subst.i.tute for it. The current theory as regards the village community is, that in Western Europe it has died out by a natural death, because the communal possession of the soil was found inconsistent with the modern requirements of agriculture. But the truth is that nowhere did the village community disappear of its own accord; everywhere, on the contrary, it took the ruling cla.s.ses several centuries of persistent but not always successful efforts to abolish it and to confiscate the communal lands.

In France, the village communities began to be deprived of their independence, and their lands began to be plundered, as early as the sixteenth century. However, it was only in the next century, when the ma.s.s of the peasants was brought, by exactions and wars, to the state of subjection and misery which is vividly depicted by all historians, that the plundering of their lands became easy and attained scandalous proportions. "Every one has taken of them according to his powers ...

imaginary debts have been claimed, in order to seize upon their lands;"

so we read in an edict promulgated by Louis the Fourteenth in 1667.(3) Of course the State's remedy for such evils was to render the communes still more subservient to the State, and to plunder them itself. In fact, two years later all money revenue of the communes was confiscated by the King. As to the appropriation of communal lands, it grew worse and worse, and in the next century the n.o.bles and the clergy had already taken possession of immense tracts of land--one-half of the cultivated area, according to certain estimates--mostly to let it go out of culture.(4) But the peasants still maintained their communal inst.i.tutions, and until the year 1787 the village folkmotes, composed of all householders, used to come together in the shadow of the bell-tower or a tree, to allot and re-allot what they had retained of their fields, to a.s.sess the taxes, and to elect their executive, just as the Russian mir does at the present time. This is what Babeau's researches have proved to demonstration.(5)

The Government found, however, the folkmotes "too noisy," too disobedient, and in 1787, elected councils, composed of a mayor and three to six syndics, chosen from among the wealthier peasants, were introduced instead. Two years later the Revolutionary a.s.semblee Const.i.tuante, which was on this point at one with the old regime, fully confirmed this law (on the 14th of December, 1789), and the bourgeois du village had now their turn for the plunder of communal lands, which continued all through the Revolutionary period. Only on the 16th of August, 1792, the Convention, under the pressure of the peasants'

insurrections, decided to return the enclosed lands to the communes;(6) but it ordered at the same time that they should be divided in equal parts among the wealthier peasants only--a measure which provoked new insurrections and was abrogated next year, in 1793, when the order came to divide the communal lands among all commoners, rich and poor alike, "active" and "inactive."

These two laws, however, ran so much against the conceptions of the peasants that they were not obeyed, and wherever the peasants had retaken possession of part of their lands they kept them undivided. But then came the long years of wars, and the communal lands were simply confiscated by the State (in 1794) as a mortgage for State loans, put up for sale, and plundered as such; then returned again to the communes and confiscated again (in 1813); and only in 1816 what remained of them, i.e. about 15,000,000 acres of the least productive land, was restored to the village communities.(7) Still this was not yet the end of the troubles of the communes. Every new regime saw in the communal lands a means for gratifying its supporters, and three laws (the first in 1837 and the last under Napoleon the Third) were pa.s.sed to induce the village communities to divide their estates. Three times these laws had to be repealed, in consequence of the opposition they met with in the villages; but something was snapped up each time, and Napoleon the Third, under the pretext of encouraging perfected methods of agriculture, granted large estates out of the communal lands to some of his favourites.

As to the autonomy of the village communities, what could be retained of it after so many blows? The mayor and the syndics were simply looked upon as unpaid functionaries of the State machinery. Even now, under the Third Republic, very little can be done in a village community without the huge State machinery, up to the prefet and the ministries, being set in motion. It is hardly credible, and yet it is true, that when, for instance, a peasant intends to pay in money his share in the repair of a communal road, instead of himself breaking the necessary amount of stones, no fewer than twelve different functionaries of the State must give their approval, and an aggregate of fifty-two different acts must be performed by them, and exchanged between them, before the peasant is permitted to pay that money to the communal council. All the remainder bears the same character.(8)

What took place in France took place everywhere in Western and Middle Europe. Even the chief dates of the great a.s.saults upon the peasant lands are the same. For England the only difference is that the spoliation was accomplished by separate acts rather than by general sweeping measures--with less haste but more thoroughly than in France.

The seizure of the communal lands by the lords also began in the fifteenth century, after the defeat of the peasant insurrection of 1380--as seen from Rossus's Historia and from a statute of Henry the Seventh, in which these seizures are spoken of under the heading of "enormitees and myschefes as be hurtfull ... to the common wele."(9) Later on the Great Inquest, under Henry the Eighth, was begun, as is known, in order to put a stop to the enclosure of communal lands, but it ended in a sanction of what had been done.(10) The communal lands continued to be preyed upon, and the peasants were driven from the land.

But it was especially since the middle of the eighteenth century that, in England as everywhere else, it became part of a systematic policy to simply weed out all traces of communal ownership; and the wonder is not that it has disappeared, but that it could be maintained, even in England, so as to be "generally prevalent so late as the grandfathers of this generation."(11) The very object of the Enclosure Acts, as shown by Mr. Seebohm, was to remove this system,(12) and it was so well removed by the nearly four thousand Acts pa.s.sed between 1760 and 1844 that only faint traces of it remain now. The land of the village communities was taken by the lords, and the appropriation was sanctioned by Parliament in each separate case.

In Germany, in Austria, in Belgium the village community was also destroyed by the State. Instances of commoners themselves dividing their lands were rare,(13) while everywhere the States coerced them to enforce the division, or simply favoured the private appropriation of their lands. The last blow to communal ownership in Middle Europe also dates from the middle of the eighteenth century. In Austria sheer force was used by the Government, in 1768, to compel the communes to divide their lands--a special commission being nominated two years later for that purpose. In Prussia Frederick the Second, in several of his ordinances (in 1752, 1763, 1765, and 1769), recommended to the Justizcollegien to enforce the division. In Silesia a special resolution was issued to serve that aim in 1771. The same took place in Belgium, and, as the communes did not obey, a law was issued in 1847 empowering the Government to buy communal meadows in order to sell them in retail, and to make a forced sale of the communal land when there was a would-be buyer for it.(14)