modern antiquaries, that the municipal corporations, which the policy of the Romans created in Britain, formed the only shadow of government for the half century which ensued the abdication of the government of that country by the Romans. Soon after the year of our Lord 69, Gallic cities reared altars to Augustus at the angle of the Saone and the Rhine. In the evacuation of Gaul by the Romans, their municipal organization and magistracy, would have terminated but for the influence of the church. The Roman title of defensor civitatis, in every city devolved upon the bishops. "The imperial universality," says our authority,'"is destroyed, but there appears the catholic universality." This explains why the foundation of a number of French municipalities of distinction in modern France, may be traced back to a period anterior to the Christian era. Rheims had its foundation in the Druidical territory of the Carnuti, which was under the suzerains of the Remi.2 In the traditions of that town, as well as of others in France, down to a late period, the memory of the municipal institutions of the Roman Empire was retained. For this reason, when in the 16th century, the special municipal jurisdiction of French towns was abolished by the edict of Moulins, Rheims was exempted from its operation, as a respect due to the high antiquity of its municipal privileges. It is not to be doubted, that the remem 'Mitchelet, Professeur, &c., vol. i. p. 61. Ibid. 'Savigny Rom. Law, &c. On this subject the work of Savigny referred to, abounds with proofs and illustrations. Among the direct proofs, is a letter of Pope John the eighth, of the year 882, addressed to the Lombard city of Valva. Also, the Codex Utinensis, a modification of the Visigothic Breviary, adapting the system of the laws of that Breviary to the existing. wants and circumstances of the Romans, in the Lombard Kingdoms. brance and remains of the Roman municipia contributed to the formation of those elective governments of towns, which were the foundation of liberty among modern nations.1 The establishment of towns, says Kent,2 with corporate powers as local republics, was the original policy throughout New England, and it had a durable and benign effect upon the institutions and moral and social character of the people. M. De Tocqueville, in his De la Démocratie en Amérique,3 appears to have been very much struck with the institutions of New England towns. He considered them as small independent republics, in all matters of local concerns, and as forming the principle of the life of American liberty, existing to this day." In all the countries which had been provinces of the Roman empire, the municipal establishments of the Romans retained some vestiges of those elective forms, and of that local administration, which had been bestowed on them by the civilizing policy of those renowned conquerors. These remains of Roman government, though they were not sufficiently striking to attract the observation of the petty tyrants in whose territory they were situated, yet, beyond doubt, they contributed to prepare the people for more valuable privileges in better times.5 'History of England, by Sir James Mackintosh, vol. i. p. 31, 32. Savigny's Hist. of Roman Law, translated by Cathcart, vol. i. 22 Kent's Com. 4th Ed. 274, n. c. 3 Tome i. 64. 96. The judicial reports in this country, and especially in the New England States, abound with cases of suits against towns, in their corporate capacity, for debts and breaches of duty, for which they were responsible. 2 Kent, sup. 275, n. a. See post Ch. on Proprietors of Common and Undivided Lands. When feudal tyranny, exerted in the way of levying contributions for the prosecution of feudal wars, became unsupportable, and the rights of the denizens of cities, which men esteem to be the most valuable in social life, were denied, the commercial cities of Italy were incited to throw off their feudal fetters, and to demand a government approximating in a much greater degree to the freedom and independence of the Roman municipia; and this laudable and manly spirit was fortunately encouraged by the feeble and imperfect jurisdiction of the German emperors, their distance from Italy, and their engagement in papal controversies. Those cities, accordingly, in the eleventh century, boldly assumed new privileges, and formed themselves into bodies politic, under laws made by their own consent. In some instances sums of money were paid for certain immunities; and in others, they were conferred gratuitously. The passion for liberty had in fact become so general in Italy, before the termination of the last crusade, that every city had extorted, or purchased, or received from the generosity of the prince upon whom it had been dependent, a grant of very extensive and important corporate privileges.1 The example, afforded by Italy, of innovation upon the principles of feudal government, was soon followed 11 Rob. Charles V. ch. v. 25, 26. Otto Frisigensis, who is cited by Robertson, thus describes the state of Italy, under Fred. I. "The cities so much affect, and are so solicitous to avoid, the insolence of power, that almost all of them have thrown off every other authority, and are governed by their own magistrates; insomuch, that all the country is now filled with free cities, most of which have compelled the bishops to reside within their walls; and there is scarcely any nobleman, how great soever his power may be, who is not subject to the laws and government of some city." in France. The policy of conferring new privileges on the towns within his domains was adopted by Louis le Gros,' with the view of curbing the turbulence of his potent vassals. The privileges he bestowed were denominated charters of community," charters which had the effect of enfranchising the inhabitants — abolishing every indication of their servitude and of forming them into corporations to be governed by ordinances passed by a council of their own nomination. The conduct of the monarch was imitated by the principal subordinate barons, who granted similar immunities to the towns within their own territories. These charters of liberty, owing to the necessity there was of procuring money to defray the expenses attending the expeditions to the Holy Land, were the subjects of bargain and sale; and thus, the consequences of the institution of independent corporate communities, which were repugnant to the maxims of feudal policy, and equally adverse to the sway of feudal power, were disregarded in the eagerness to obtain the "sinews of war." The same practice was soon afterwards adopted in Spain, England, and the rest of the feudal countries. And by this means, as Kent, in his Commentaries observes, -"order and security, industry, trade, and the arts, revived in Italy, France, Germany, Flanders, and England."3 According to Robertson; but according to Sir James Mackintosh, the exemption of French towns from feudal rapacity was extorted from Louis le Gros. Hist. of England, vol. i. p. 205. The right of sovereignty, however, remained in the King, or Baron, within whose territories the respective cities were located, and from whom they received their charters. See Rob. Charles V. 26, 207. * 2 Kent, Comm. 218. To the institution of corporations, says the author, may be attributed, in some considerable degree, the introduction of Such was the grand effect of the enlightened civil policy of Rome, upon the civilization of the modern world as it has been developed by the institution of municipal corporate communities who are invested with the privilege of managing their own local interests, under the protection of the parent state. From the conception of such an institution, too, grew the idea. regular government and stable protection, after Europe had for many years been deprived, by the inundation of the barbarians, of all the civilization and science which had accompanied the Roman power. Mr. Wilcock, in his historical Sketch of Municipalities, which prefaces his Treatise on " Municipal Corporations," observes, that the establishment of those corporations "was the effect of that spirit of liberty which had gone abroad, and a considerable degree of power and independence already existing in the cities and towns to which charters were granted. They were already become influential and wealthy associations. Their traffic not only brought them riches, but gave them a maritime power not inconsiderable in those times. Their increasing wealth and commerce established among the burgher watch and ward, and voluntary associations for the protection of property, not efficient at all times against the rapacity of marauding barons, but capable of repelling those bands of outlaws and disciplined robbers, with whose predatory excursions the annals of European history are frequently stained. The dangers to which their property was exposed taught them the necessity, and they soon learnt the power of union. While the barons were wasting their revenues and retainers in wild wars, and weakening each other with mutual conflicts, the towns were gradually and silently accumulating wealth, population and power. At a very early period of our history, they were defended by walls. With Italian merchandise they imported the institutes of Venice and Genoa; and commerce with the Hanse Towns, then also in their infancy, introduced a similarity of internal arrangement. The grants of privileges contained in the charters were in fact confirmations of privileges already existing. This sanction gave confidence and firmness to the municipalities, with little loss or concession of the lords. It requires no historical documents to convince us, that had they not been already powerful, they would not have been equally favored by the barons and princes, each desiring the assistance of allies in the struggle between prerogative and privilege. The statesmen of those times had little idea of calling new powers into existence; the utmost extent of their policy was to avail themselves of those which they found at hand."-Wilcock on Municipal Corporations, 2. |