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FLANDERS: SAINT-OMER, BRUGES, GHENT

By the mid- twelfth century Flanders had become the foremost industrial region of Europe, primarily by virtue of its textile industry, and Bruges and Ghent were the most flourishing commercial cities north of Genoa and Milan.

Although the Count of Flanders was a vassal of the King of France, he ruled Flanders quite independently of the king throughout the eleventh, twelfth, and thirteenth centuries. At the same time, the cities of Flanders, although politically subordinate to a strong ruler, achieved considerable independence --more, in fact, than their French counterparts. Some of the Flemish cities started as revolutionary communes, but most of them appear to have achieved communal status peacefully with the encouragement of the count, who granted charters liberally but was careful to preserve in them certain rights of his own.

The charter of Saint-Omer, granted by Count William Clito in 1127, served as a model for later charters given to other Flemish cities. It stated that William, on the petition of the citizens (burghers), confirmed the laws and customs of Saint-Omer and the independence of the commune which they had sworn. All citizens were guaranteed peace and justice according to the right judgment of their echevins, who "shall enjoy whatever liberty is best enjoyed by echevins throughout the land of Flanders." The echevins were to judge disputes arising in the town

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proper (the "forum"); however, the count's prevot and the clergy also retained jurisdiction over certain types of disputes. 18 The charter confirmed the citizens' ancient pasture rights and their ancient exemption from military service, except for service to defend the county of Flanders. They were also to be free of various feudal taxes and services: chevage, avoueries, unjust exactions by the castle garrison, scot, and taille.

19 In addition, the charter recognized the merchant guild of the town. Members of the guild were declared to be exempted from various tolls, and the count promised to secure for them, if he could, similar liberties in Normandy, England, and Boulogne. Finally, C ount William gave the townsmen, for the benefit of their merchant guild, his mint of Saint_Omer, worth annually thirty livres. This meant that Saint_Omer was to make its own coins; it would derive profit from minting, and taxes to be paid to the count would not have to be paid with coins acquired elsewhere. 20.

The charter of Saint-Omer did not purport to give the citizens formal independence from the territorial ruler. The count retained jurisdiction over the town, and echevins were to be named by him from among the citizens and to act as his judges. In fact, however, the echevins were at first appointed for life, which gave them a certain independence, and later, when they came to be selected annually, they were chosen by the citizens according to a system of election.

Bruges and Ghent, like Saint-Omer, each had a sworn commune, a board of echevins, and a merchant guild. 2LThey were, of course, much larger than Saint-Omer, being among the fifteen or twenty leading cities of Europe. Count Philip ( 1169-1191) granted charters, called "keure," to Bruges and other Flemish cities, establishing the legal basis for limited self-government and for the rights and liberties of their citizens.

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Source: Berman H.J.. Law and Revolution: The Formation of the Western Legal Tradition. Cambridge, Mass. : Harvard University Press,1983. — 657 p.. 1983

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