The EUROPEAN LEGISLATURES. 177 



fpect ', and it accordingly appears from the domeftic regulations 

 of CHARLEMAGNE, that the manufactures, confumed by the royal 

 houfehold, were ftill prepared in the ancient manner, in his 

 fifes or domains. It is, therefore, extremely improbable, that 

 any merchants, or artifans, that may have belonged to great 

 towns, in the middle ages, were perfons of confequence ; and 

 it is equally improbable, that, if they had been fo, and been 

 pofleffed of property and arms, and been formed into corporate 

 bodies, they mould have become the flaves or dependants of a 

 few owners of land in their neighbourhood. But, if the an- 

 cient towns were nothing elfe than fortified fiagi, to which the 

 great proprietors around them reforted * ; and, if the reft of 

 the inhabitants confifted either of clients, or dependants of thefe 

 proprietors, fubfifting by cultivating little portions of land, and 

 fighting under their banners, or of perfons of fervile condition, 

 who had obtained, or who fought for fome degree of liberty, 

 and earned their living by exercifing crafts, or affifting the bur- 

 gefles in their duties ; the whole hiftory of towns becomes per- 

 fectly natural, and the origin of that fituation which led to in- 

 corporations is explained. 



BEFORE incorporations were creeled, there mufl have been 

 focieties, refulting from voluntary confederations, which found 

 it defirable to obtain the fanclion of law to their union. But 

 it is in times of trouble and oppreffion that people have recourfe 

 to private affociations, and to the patfonage of individuals, for 

 that fupport and protection which government is unable to af- 

 ford them j and government, fenfible of its debility, willingly 



gives its countenance to any meafures that have the appearance 



a of 



* LONG before charters of 'incorporation, WILLIAM the Conqueror considered them 



in this light : " Nullum mercatum vel forum fit, nee fieri permittatur, nifi in civitati- 



' bus, et in burgis et muro vallatis, et in caftellis, et in locis tutiflimis, ubi confue- 



' tudines regni noftri deperiri non poffunt, nee defraudari nee violari. Et ideo 



' caftella, et burgi, et civitates fitas funt, et fundatas, et asdificatae, feiz. ad tuitionem 

 ' gentium et populorum regni, et ad defenfionem regni, et idcirco obfervari debent, 

 ' cum omni libertate et integritate et ratione." L L. GDL. I. c. 61. Saxon hiftory 

 juftifies the aflertion ; and the laws of ATHELSTAN, c. 12. and 13. furnifh the regulation. 

 The burghbotam, or expence of repairing the fortifications of towns, affefted according- 

 ly every land-eftate in the kingdom. 



