by the _jus negotiale_. At least as early
as the beginning of the 11th century, but probably long before that
date, mercantile communities claimed the right, confirmed by the
emperors, of settling mercantile disputes according to a law of their
own, to the horror of certain conservative-minded clerics.[6]
Furthermore, in the rapidly developing towns, opportunities for the
exercise of self-administrative functions constantly increased. The new
self-governing body soon began to legislate in matters of local
government, imposing fines for the breach of its by-laws. Thus it
assumed a jurisdiction, partly concurrent with that of the lord, which
it further extended to breaches of the peace. And, finally, it raised
funds by means of an excise-duty, _Ungeld_ (cf. the English _malatolta_)
or _Accise_, _Zeise_. In the older and larger towns it soon went beyond
what the bishops thought proper to tolerate; conflicts ensued; and in
the 13th century several bishops obtained decrees in the imperial court,
either to suppress the _Rat_ altogether, or to make it subject to their
nomination, and more particularly to abolish the _Ungeld_, as
detrimental to episcopal finances. In the long run, however, these
attempts proved of little avail.

Meanwhile the tendency towards self-government spread even to the lower
ranks of town society, resulting in the establishment of craft-gilds.
From a very early period there is reason to believe merchants among
themselves formed gilds for social and religious purposes, and for the
furtherance of their economic interests. These gilds would, where they
existed, no doubt also influence the management of town affairs; but
nowhere has the _Rat_, as used to be thought, developed out of a gild,
nor has the latter anywhere in Germany played a part at all similar in
importance to that of the English gild merchant, the only exception
being for a time the _Richerzeche_, or Gild of the Rich of Cologne, from
early times by far the largest, the richest, and the most important
trading centre among German cities, and therefore provided with an
administration more complex, and in some respects more primitive, than
any other. On the other hand, the most important commodities offered for
sale in the market had been subject to official examination already in
Carolingian times. Bakers', butchers', shoemakers' stalls were grouped
together in the market-place to facilitate control, and with the same
object in view a master was