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of countries less fertile and less favourably circumstanced; it
is not perhaps very easy to imagine。
CHAPTER III
Of the Rise and Progress of Cities and Towns after the Fall of
the Roman Empire
THE inhabitants of cities and towns were; after the fall of
the Roman empire; not more favoured than those of the country。
They consisted; indeed; of a very different order of people from
the first inhabitants of the ancient republics of Greece and
Italy。 These last were composed chiefly of the proprietors of
lands; among whom the public territory was originally divided;
and who found it convenient to build their houses in the
neighbourhood of one another; and to surround them with a wall;
for the sake of common defence。 After the fall of the Roman
empire; on the contrary; the proprietors of land seem generally
to have lived in fortified castles on their own estates; and in
the midst of their own tenants and dependants。 The towns were
chiefly inhabited by tradesmen and mechanics; who seem in those
days to have been of servile; or very nearly of servile
condition。 The privileges which we find granted by ancient
charters to the inhabitants of some of the principal towns in
Europe sufficiently show what they were before those grants。 The
people to whom it is granted as a privilege that they might give
away their own daughters in marriage without the consent of their
lord; that upon their death their own children; and not their
lord; should succeed to their goods; and that they might dispose
of their own effects by will; must; before those grants; have
been either altogether or very nearly in the same state of
villanage with the occupiers of land in the country。
They seem; indeed; to have been a very poor; mean set of
people; who used to travel about with their goods from place to
place; and from fair to fair; like the hawkers and pedlars of the
present times。 In all the different countries of Europe then; in
the same manner as in several of the Tartar governments of Asia
at present; taxes used to be levied upon the persons and goods of
travellers when they passed through certain manors; when they
went over certain bridges; when they carried about their goods
from place to place in a fair; when they erected in it a booth or
stall to sell them in。 These different taxes were known in
England by the names of passage; pontage; lastage; and stallage。
Sometimes the king; sometimes a great lord; who had; it seems;
upon some occasions; authority to do this; would grant to
particular traders; to such particularly as lived in their own
demesnes; a general exemption from such taxes。 Such traders;
though in other respects of servile; or very nearly of servile
condition; were upon this account called free…traders。 They in
return usually paid to their protector a sort of annual poll…tax。
In those days protection was seldom granted without a valuable
consideration; and this tax might; perhaps; be considered as
compensation for what their patrons might lose by their exemption
from other taxes。 At first; both those poll…taxes and those
exemptions seem to have been altogether personal; and to have
affected only particular individuals during either their lives or
the pleasure of their protectors。 In the very imperfect accounts
which have been published from Domesday Book of several of the
towns of England; mention is frequently made sometimes of the tax
which particular burghers paid; each of them; either to the king
or to some other great lord for this sort of protection; and
sometimes of the general amount only of all those taxes。
But how servile soever may have been originally the
condition of the inhabitants of the towns; it appears evidently
that they arrived at liberty and independency much earlier than
the occupiers of land in the country。 That part of the king's
revenue which arose from such poll…taxes in any particular town
used commonly to be let in farm during a term of years for a rent
certain; sometimes to the sheriff of the county; and sometimes to
other persons。 The burghers themselves frequently got credit
enough to be admitted to farm the revenues of this sort which
arose out of their own town; they becoming jointly and severally
answerable for the whole rent。 To let a farm in this manner was
quite agreeable to the usual economy of; I believe; the
sovereigns of all the different countries of Europe; who used
frequently to let whole manors to all the tenants of those
manors; they becoming jointly and severally answerable for the
whole rent; but in return being allowed to collect it in their
own way; and to pay it into the king's exchequer by the hands of
their own bailiff; and being thus altogether freed from the
insolence of the king's officers… a circumstance in those days
regarded as of the greatest importance。
At first the farm of the town was probably let to the
burghers; in the same manner as it had been to other farmers; for
a term of years only。 In process of time; however; it seems to
have become the general practice to grant it to them in fee; that
is for ever; reserving a rent certain never afterwards to be
augmented。 The payment having thus become perpetual; the
exemptions; in return for which it was made; naturally became
perpetual too。 Those exemptions; therefore; ceased to be
personal; and could not afterwards be considered as belonging to
individuals as individuals; but as burghers of a particular
burgh; which; upon this account; was called a free burgh; for the
same reason that they had been called free burghers or free
traders。
Along with this grant; the important privileges above
mentioned; that they might give away their own daughters in
marriage; that their children should succeed to them; and that
they might dispose of their own effects by will; were generally
bestowed upon the burghers of the town to whom it was given。
Whether such privileges had before been usually granted along
with the freedom of trade to particular burghers; as individuals;
I know not。 I reckon it not improbable that they were; though I
cannot produce any direct evidence of it。 But however this may
have been; the principal attributes of villanage and slavery
being thus taken away from them; they now; at least; became
really free in our present sense of the word Freedom。
Nor was this all。 They were generally at the same time
erected into a commonalty or corporation; with the privilege of
having magistrates and a town council of their own; of making
bye…laws for their own government; of building walls for their
own defence; and of reducing all their inhabitants under a sort
of military discipline by obliging them to watch and ward; that
is; as anciently understood; to guard and defend those walls
against all attacks and surprises by night as well as by day。 In
England they were generally exempted from suit to the hundred and
county courts; and all such pleas as should arise among them; the
pleas of the crown excepted; were left to the decision of their
own magistrates。 In other countries much greater and more
extensive jurisdictions were frequently granted to them。
It might; probably; be necessary to grant to such towns as
were admitted to farm their own revenues some sort of compulsive
jurisdiction to oblige their own citizens to make payment。 In
those disorderly times it might have been extremely inconvenient
to have left them to seek this sort of justice from any other
tribunal。 But it must seem extraordinary that the sovereigns of
all the different countries of Europe should have exchanged in
this manner for a rent certain; never more to be augmented; that
branch of the revenue which was; perhaps; of all others the most
likely to be improved by the natural course of things; without
either expense or attention of their own: and that they should;
besides; have in this manner voluntarily erected a sort of
independent republics in the heart of their own dominions。
In order to understand this; it must be remembered that in
thos