Part 21

This maritime legislation did not wait for the sixteenth century to come into existence. Maritime law was promulgated more or less in the twelfth century, but the troubles and agitations which weakened and disorganized empires during that period of the Middle Ages, deprived it of its power and efficiency. The _Code des Rhodiens_ dates as far back as 1167; the _Code de la Mer_, which became a sort of recognised text-book, dates from the same period; the _Lois d'Oléron_ is anterior to the twelfth century, and ruled the western coasts of France, being also adopted in Flanders and in England; Venice dated her most ancient law on maritime rights from 1255, and the Statutes of Marseilles date from 1254.

The period of the establishment of commercial law and justice corresponds with that of the introduction of national and universal codes of law and consular jurisdiction. These may be said to have originated in the sixth century in the laws of the Visigoths, which empowered foreign traders to be judged by delegates from their own countries. The Venetians had consuls in the Greek empire as early as the tenth century, and we may fairly presume that the French had consuls in Palestine during the reign of Charlemagne. In the thirteenth century the towns of Italy had consular agents in France; and Marseilles had them in Savoy, in Arles, and in Genoa. Thus traders of each country were always sure of finding justice, assistance, and protection in all the centres of European commerce.

Numerous facilities for barter were added to these advantages. Merchants, who at first travelled with their merchandise, and who afterwards merely sent a factor as their representative, finally consigned it to foreign agents. Communication by correspondence in this way became more general, and paper replaced parchment as being less rare and less expensive. The introduction of Arabic figures, which were more convenient than the Roman numerals for making calculations, the establishment of banks, of which the most ancient was in operation in Venice as early as the twelfth century, the invention of bills of exchange, attributed to the Jews, and generally in use in the thirteenth century, the establishment of insurance against the risks and perils of sea and land, and lastly, the formation of trading companies, or what are now called partnerships, all tended to give expansion and activity to commerce, whereby public and private wealth was increased in spite of obstacles which routine, envy, and ill-will persistently raised against great commercial enterprises.

For a long time the French, through indolence or antipathy--for it was more to their liking to be occupied with arms and chivalry than with matters of interest and profit--took but a feeble part in the trade which was carried on so successfully on their own territory. The nobles were ashamed to mix in commerce, considering it unworthy of them, and the bourgeois, for want of liberal feeling and expansiveness in their ideas, were satisfied with appropriating merely local trade. Foreign commerce, even of the most lucrative description, was handed over to foreigners, and especially to Jews, who were often banished from the kingdom and as frequently ransomed, though universally despised and hated. Notwithstanding this, they succeeded in rising to wealth under the stigma of shame and infamy, and the immense gains which they realised by means of usury reconciled them to, and consoled them for, the ill-treatment to which they were subjected.

At a very early period, and especially when the Jews had been absolutely expelled, the advantage of exclusively trading with and securing the rich profits from France had attracted the Italians, who were frequently only Jews in disguise, concealing themselves as to their character under the generic name of Lombards. It was under this name that the French kings gave them on different occasions various privileges, when they frequented the fairs of Champagne and came to establish themselves in the inland and seaport towns. These Italians constituted the great corporation of money-changers in Paris, and hoarded in their coffers all the coin of the kingdom, and in this way caused a perpetual variation in the value of money, by which they themselves benefited.

In the sixteenth century the wars of Italy rather changed matters, and we find royal and important concessions increasing in favour of Castilians and other Spaniards, whom the people maliciously called _negroes_, and who had emigrated in order to engage in commerce and manufactures in Saintonge, Normandy, Burgundy, Agenois, and Languedoc.

About the time of Louis XI., the French, becoming more alive to their true interests, began to manage their own affairs, following the suggestions and advice of the King, whose democratic instincts prompted him to encourage and favour the bourgeois. This result was also attributable to the state of peace and security which then began to exist in the kingdom, impoverished and distracted as it had been by a hundred years of domestic and foreign warfare.

From 1365 to 1382 factories and warehouses were founded by Norman navigators on the western coast of Africa, in Senegal and Guinea. Numerous fleets of merchantmen, of great size for those days, were employed in transporting cloth, grain of all kinds, knives, brandy, salt, and other merchandise, which were bartered for leather, ivory, gum, amber, and gold dust. Considerable profits were realised by the shipowners and merchants, who, like Jacques Coeur, employed ships for the purpose of carrying on these large and lucrative commercial operations. These facts sufficiently testify the condition of France at this period, and prove that this, like other branches of human industry, was arrested in its expansion by the political troubles which followed in the fourteenth and fifteenth centuries.

Fortunately these social troubles were not universal, and it was just at the period when France was struggling and had become exhausted and impoverished that the Portuguese extended their discoveries on the same coast of Africa, and soon after succeeded in rounding the Cape of Good Hope, and opening a new maritime road to India, a country which was always attractive from the commercial advantages which it offered.

Some years after, Christopher Columbus, the Genoese, more daring and more fortunate still, guided by the compass and impelled by his own genius, discovered a new continent, the fourth continent of the world (Fig. 199). This unexpected event, the greatest and most remarkable of the age, necessarily enlarged the field for produce as well as for consumption to an enormous extent, and naturally added, not only to the variety and quantity of exchangeable wares, but also to the production of the precious metals, and brought about a complete revolution in the laws of the whole civilised world.

Maritime commerce immediately acquired an extraordinary development, and merchants, forsaking the harbours of the Mediterranean, and even those of the Levant, which then seemed to them scarcely worthy of notice, sent their vessels by thousands upon the ocean in pursuit of the wonderful riches of the New World. The day of caravans and coasting had passed; Venice had lost its splendour; the sway of the Mediterranean was over; the commerce of the world was suddenly transferred from the active and industrious towns of that sea, which had so long monopolized it, to the Western nations, to the Portuguese and Spaniards first, and then to the Dutch and English.

France, absorbed in, and almost ruined by civil war, and above all by religious dissensions, only played a subordinate part in this commercial and pacific revolution, although it has been said that the sailors of Dieppe and Honfleur really discovered America before Columbus. Nevertheless the kings of France, Louis XII., Francis I., and Henry II., tried to establish and encourage transatlantic voyages, and to create, in the interest of French commerce, colonies on the coasts of the New World, from Florida and Virginia to Canada.

But these colonies had but a precarious and transitory existence; fisheries alone succeeded, and French commerce continued insignificant, circumscribed, and domestic, notwithstanding the increasing requirements of luxury at court. This luxury contented itself with the use of the merchandise which arrived from the Low Countries, Spain, and Italy. National industry did all in its power to surmount this ignominious condition; she specially turned her attention to the manufacture of silks and of stuffs tissued with gold and silver. The only practical attempt of the government in the sixteenth century to protect commerce and manufactures was to forbid the import of foreign merchandise, and to endeavour to oppose the progress of luxury by rigid enactments.

Certainly the government of that time little understood the advantages which a country derived from commerce when it forbade the higher classes from engaging in mercantile pursuits under penalty of having their privileges of nobility withdrawn from them. In the face of the examples of Italy, Genoa, Venice, and especially of Florence, where the nobles were all traders or sons of traders, the kings of the line of Valois thought proper to make this enactment. The desire seemed to be to make the merchant class a separate class, stationary, and consisting exclusively of bourgeois, shut up in their counting-houses, and prevented in every way from participating in public life. The merchants became indignant at this banishment, and, in order to employ their leisure, they plunged with all their energy into the sanguinary struggles of Reform and of the League.

It was not until the reign of Henry IV. that they again confined themselves to their occupations as merchants, when Sully published the political suggestions of his master for renewing commercial prosperity. From this time a new era commenced in the commercial destiny of France. Commerce, fostered and protected by statesmen, sought to extend its operations with greater freedom and power. Companies were formed at Paris, Marseilles, Lyons, and Rouen to carry French merchandise all over the world, and the rules of the mercantile associations, in spite of the routine and jealousies which guided the trade corporations, became the code which afterwards regulated commerce (Fig. 200).

Guilds and Trade Corporations.

Uncertain Origin of Corporations.--Ancient Industrial Associations.--The Germanic Guild.--Colleges.--Teutonic Associations.--The Paris Company for the Transit of Merchandise by Water.--Corporations properly so called.--Etienne Boileau's "Book of Trades," or the First Code of Regulations.--The Laws governing Trades.--Public and Private Organization of Trade Corporations and other Communities.--Energy of the Corporations.--Masters, Journeymen, Supernumeraries, and Apprentices.--Religious Festivals and Trade Societies.--Trade Unions.

Learned authorities have frequently discussed, without agreeing, on the question of the origin of the Corporations of the Middle Ages. It may be admitted, we think _à priori_, that associations of artisans were as ancient as the trades themselves. It may readily be imagined that the numerous members of the industrial classes, having to maintain and defend their common rights and common interests, would have sought to establish mutual fraternal associations among themselves. The deeper we dive into ancient history the clearer we perceive traces, more or less distinct, of these kinds of associations. To cite only two examples, which may serve to some extent as an historical parallel to the analogous institutions of the present day, we may mention the Roman _Colleges_, which were really leagues of artisans following the same calling; and the Scandinavian guilds, whose object was to assimilate the different branches of industry and trade, either of a city or of some particular district.

Indeed, brotherhoods amongst the labouring classes always existed under the German conquerors from the moment when Europe, so long divided into Roman provinces, shook off the yoke of subjection to Rome, although she still adhered to the laws and customs of the nation which had held her in subjection for so many generations. We can, however, only regard the few traces which remain of these brotherhoods as evidence of their having once existed, and not as indicative of their having been in a flourishing state. In the fifth century, the Hermit Ampelius, in his "Legends of the Saints," mentions _Consuls_ or Chiefs of Locksmiths. The Corporation of Goldsmiths is spoken of as existing in the first dynasty of the French kings. Bakers are named collectively in 630 in the laws of Dagobert, which seems to show that they formed a sort of trade union at that remote period. We also see Charlemagne, in several of his statutes, taking steps in order that the number of persons engaged in providing food of different kinds should everywhere be adequate to provide for the necessities of consumption, which would tend to show a general organization of that most important branch of industry. In Lombardy colleges of artisans were established at an early period, and were, no doubt, on the model of the Roman ones. Ravenna, in 943, possessed a College of Fishermen; and ten years later the records of that town mention a _Chief of the Corporation of Traders_, and, in 1001, a _Chief of the Corporation of Butchers_. France at the same time kept up a remembrance of the institutions of Roman Gaul, and the ancient colleges of trades still formed associations and companies in Paris and in the larger towns. In 1061 King Philip I. granted certain privileges to Master Chandlers and Oilmen. The ancient customs of the butchers are mentioned as early as the time of Louis VII., 1162. The same king granted to the wife of Ives Laccobre and her heirs the collectorship of the dues which were payable by tanners, purse-makers, curriers, and shoemakers. Under Philip Augustus similar concessions became more frequent, and it is evident that at that time trade was beginning to take root and to require special and particular administration. This led to regulations being drawn up for each trade, to which Philip Augustus gave his sanction. In 1182 he confirmed the statutes of the butchers, and the furriers and drapers also obtained favourable concessions from him.

According to the learned Augustin Thierry, corporations, like civic communities, were engrafted on previously existing guilds, such as on the colleges or corporations of workmen, which were of Roman origin. In the _guild_, which signifies a banquet at common expense, there was a mutual assurance against misfortunes and injuries of all sorts, such as fire and shipwreck, and also against all lawsuits incurred for offences and crimes, even though they were proved against the accused. Each of these associations was placed under the patronage of a god or of a hero, and had its compulsory statutes; each had its chief or president chosen from among the members, and a common treasury supplied by annual contributions. Roman colleges, as we have already stated, were established with a more special purpose, and were more exclusively confined to the peculiar trade to which they belonged; but these, equally with the guilds, possessed a common exchequer, enjoyed equal rights and privileges, elected their own presidents, and celebrated in common their sacrifices, festivals, and banquets. We have, therefore, good reason for agreeing in the opinion of the celebrated historian, who considers that in the establishment of a corporation "the guild should be to a certain degree the motive power, and the Roman college, with its organization, the material which should be used to bring it into existence."

It is certain, however, that during several centuries corporations were either dissolved or hidden from public notice, for they almost entirely disappeared from the historic records during the partial return to barbarism, when the production of objects of daily necessity and the preparation of food were entrusted to slaves under the eye of their master. Not till the twelfth century did they again begin to flourish, and, as might be supposed, it was Italy which gave the signal for the resuscitation of the institutions whose birthplace had been Rome, and which barbarism had allowed to fall into decay. Brotherhoods of artisans were also founded at an early period in the north of Gaul, whence they rapidly spread beyond the Rhine. Under the Emperor Henry I., that is, during the tenth century, the ordinary condition of artisans in Germany was still serfdom; but two centuries later the greater number of trades in most of the large towns of the empire had congregated together in colleges or bodies under the name of unions (_Einnungen_ or _Innungen_) (Fig. 202), as, for example, at Gozlar, at Würzburg, at Brunswick, &c. These colleges, however, were not established without much difficulty and without the energetic resistance of the ruling powers, inasmuch as they often raised their pretensions so high as to wish to substitute their authority for the senatorial law, and thus to grasp the government of the cities. The thirteenth century witnessed obstinate and sanguinary feuds between these two parties, each of which was alternately victorious. Whichever had the upper hand took advantage of the opportunity to carry out the most cruel reprisals against its defeated opponents. The Emperors Frederick II. and Henry VII. tried to put an end to these strifes by abolishing the corporations of workmen, but these powerful associations fearlessly opposed the imperial authority. In France the organization of communities of artisans, an organization which in many ways was connected with the commercial movement, but which must not be confounded with it, did not give rise to any political difficulty. It seems not even to have met with any opposition from the feudal powers, who no doubt found it an easy pretext for levying additional rates and taxes.

The most ancient of these corporations was the Parisian _Hanse_, or corporation of the bourgeois for canal navigation, which probably dates its origin back to the college of Parisian _Nautes_, existing before the Roman conquest. This mercantile association held its meetings in the island of Lutetia, on the very spot where the church of Notre-Dame was afterwards built. From the earliest days of monarchy tradesmen constituted entirely the bourgeois of the towns (Fig. 203). Above them were the nobility or clergy, beneath them the artisans. Hence we can understand how the bourgeois, who during the twelfth and thirteenth centuries were a distinct section of the community, became at last the important commercial body itself. The kings invariably treated them with favour. Louis VI. granted them new rights, Louis VII. confirmed their ancient privileges, and Philip Augustus increased them. The Parisian Hanse succeeded in monopolising all the commerce which was carried on by water on the Seine and the Yonne between Mantes and Auxerre. No merchandise coming up or down the stream in boats could be disembarked in the interior of Paris without becoming, as it were, the property of the corporation, which, through its agents, superintended its measurement and its sale in bulk, and, up to a certain point, its sale by retail. No foreign merchant was permitted to send his goods to Paris without first obtaining _lettres de Hanse_, whereby he had associated with him a bourgeois of the town, who acted as his guarantee, and who shared in his profits.

There were associations of the same kind in most of the commercial towns situated on the banks of rivers and on the sea-coast, as, for example, at Rouen, Arles, Marseilles, Narbonne, Toulouse, Ratisbon, Augsburg, and Utrecht. Sometimes neighbouring towns, such as the great manufacturing cities of Flanders, agreed together and entered into a leagued bond, which gave them greater power, and constituted an offensive and defensive compact (Fig. 204). A typical example of this last institution is that of the commercial association of the _Hanseatic Towns_ of Germany, which were grouped together to the number of eighty around their four capitals, viz., Lubeck, Cologne, Dantzic, and Brunswick.

Although, as we have already seen, previous to the thirteenth century many of the corporations of artisans had been authorised by several of the kings of France to make special laws whereby they might govern themselves, it was really only from the reign of St. Louis that the first general measures of administration and police relating to these communities can be dated. The King appointed Etienne Boileau, a rich bourgeois, provost of the capital in 1261, to set to work to establish order, wise administration, and "good faith" in the commerce of Paris. To this end he ascertained from the verbal testimony of the senior members of each corporation the customs and usages of the various crafts, which for the most part up to that time had not been committed to writing. He arranged and probably amended them in many ways, and thus composed the famous "Book of Trades," which, as M. Depping, the able editor of this valuable compilation, first published in 1837, says, "has the advantage of being to a great extent the genuine production of the corporations themselves, and not a list of rules established and framed by the municipal or judicial authorities." From that time corporations gradually introduced themselves into the order of society. The royal decrees in their favour were multiplied, and the regulations with regard to mechanical trades daily improved, not only in Paris and in the provinces, and also abroad, both in the south and in the north of Europe, especially in Italy, Germany, England, and the Low Countries (Figs. 205 to 213).

Etienne Boileau's "Book of Trades" contained the rules of one hundred different trade associations. It must be observed, however, that several of the most important trades, such as the butchers, tanners, glaziers, &c., were omitted, either because they neglected to be registered at the Châtelet, where the inquiry superintended by Boileau was made, or because some private interest induced them to keep aloof from this registration, which probably imposed some sort of fine and a tax upon them. In the following century the number of trade associations considerably increased, and wonderfully so during the reigns of the last of the Valois and the first of the Bourbons.