ation of society was on a purely military basis; the soldiers
of the conquering army, although they became landed proprietors, none
the less retained their character and name of soldiers. Hence when
these crude forms of social life began to crystallize into the
carefully marked ranks of the feudal system, the "_milites_"[2] formed
the order of gentlemen, the smaller feudatories, who gave land in fief
to their vassals--generally the old inhabitants--while holding their
own nominally from the "_duces_," or dukes, the representatives of
their former leaders in war, who held their tenure direct from the
king or chief.
As the object of this paper is particularly to trace the origin and
early sources of municipal life in Northern Italy, let us turn and see
what were the effects on the already existing towns, of the inroads of
these hordes of northern barbarians. At the outset I must state
emphatically that all our sources of information as to the
institutional history of this obscure period are exceedingly vague,
meagre and unsatisfactory. The progress of events we can follow with
more or less accuracy from the mazy writings of the early chroniclers;
we can get a fair idea of the judicial and the legislative acts of the
ruling powers by studying and comparing the different codes of laws
that have come down to us; but in a study of the internal municipal
life of these early ages, the student meets again and again with
increasing discouragement, and soon finds himself almost hopelessly
lost in a tangle of doubts and inferences.
In the almost total want of direct evidence, from casual mention
gleaned from the writings of the chroniclers, and from occasional
references in the law codes to municipal offices and regulations,
enough indirect evidence must be sought, to enable us, by the aid of
our powers of reasoning, if not of our imagination, to build up some
history, defective though it be, of municipal life, down to the time
when the internal growth and importance of the cities rendered them
sufficiently prominent political factors to have their deeds and their
progress chronicled. Besides, if we consider the modes by which the
communes slowly rose to independence, it will easily be seen that to
have every step of this slow and almost secret advance chronicled and
given to the world, would have been entirely contrary to the policy of
the cities. These hoped to gain by the neglect of their rulers, and
while clinging pertinaci
|