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Ulrik of Augsburg, St. Wolfgang of Ratisbon, St. Heribert of Cologne, St. Adalbert of Prague, and so on, as well as many abbots and monks, became so many cities' saints for having acted in defence of popular rights. And under the new defensors, whether laic or clerical, the citizens conquered full self-jurisdiction and self-administration for their folkmotes.
Under the protection of their walls the cities' folkmotes either quite independent, or led by the chief noble or merchant families conquered and maintained the right of electing the military defensor and supreme judge of the town, or at least of choosing between those who pretended to occupy this position.
For the next three centuries the States, both on the Continent and in these islands, systematically weeded out all institutions in which the mutual-aid tendency had formerly found its expression. The village communities were bereft of their folkmotes, their courts and independent administration; their lands were confiscated.
This is what Babeau's researches have proved to demonstration. The Government found, however, the folkmotes "too noisy," too disobedient, and in 1787, elected councils, composed of a mayor and three to six syndics, chosen from among the wealthier peasants, were introduced instead.
Suffice it to say, that, even under the most horrid despotism of kings, the folkmotes of the village communities and their customary law remain sovereign in a wide circle of affairs.
Not only the five republics of Uri, Schwytz, Appenzell, Glarus, and Unterwalden hold their lands as undivided estates, and are governed by their popular folkmotes, but in all other cantons too the village communities remain in possession of a wide self-government, and own large parts of the Federal territory.
In France, the communal possession and the communal allotment of arable land by the village folkmote persisted from the first centuries of our era till the times of Turgot, who found the folkmotes "too noisy" and therefore abolished them. It survived Roman rule in Italy, and revived after the fall of the Roman Empire.
It is even certain that Moscow and Paris were chosen by the kings and the Church as the cradles of the future royal authority in the State, because they did not possess the tradition of folkmotes accustomed to act as sovereign in all matters. A. Luchaire, Les Communes francaises; also Kluckohn, Geschichte des Gottesfrieden, 1857.
The village community was not only a union for guaranteeing to each one his fair. share in the common land, but also a union for common culture, for mutual support in all possible forms, for protection from violence, and for a further development of knowledge, national bonds, and moral conceptions; and every change in the judicial, military, educational, or economical manners had to be decided at the folkmotes of the village, the tribe, or the confederation.
The feeling of union within the confederation is kept alive by the common interests of the tribes, their folkmotes, and the festivities which are usually kept in connection with the folkmotes. The same feeling is, however, maintained by another institution, the aba, or common hunt, which is a reminiscence of a very remote past.
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