54 ON THE PROBABLE ORIGIN 
to be Roman ; but there is nothing improbable 
in the supposition that, subordinate to that of 
the bishop or archbishop, a municipal jurisdic- 
tion may have existed, of the same humble kind 
as in the cities of Lombardy, though no positive 
evidence can be produced. However this may 
be, I think we are warranted to conclude, that 
at least in the South of France and in the North 
of Italy, the Roman Law continued to be admi- 
nistered with Roman forms in the cities till nearly 
the time of their revival; that in less important 
matters jurisdiction was exercised by magistrates, 
appointed by the higher class of the citizens and 
with their co-operation, and that the city pro- 
perty was managed by the same class of persons. 
We have here then at least the rudiments of a 
municipality. It remains to be shown, whence 
that new spirit was derived, which being infused 
into the cities in the beginning of the 12th 
century raised all of them to opulence and free- 
dom, some to political independence, and very 
generally procured them charters, creating or 
confirming their liberties. 
The first impulse towards the improvement of 
the cities, unless where they were within reach 
of foreign commerce, must be derived from the 
improvement of agriculture, which animates the 
