according to Cowell, is a town corporate which hath a bishop and cathedral church; and is called *civitas*, *oppidum*, and *urbis*: *civitas*, in regard it is governed by justice and order of magistracy; *oppidum*, because it contains a great number of inhabitants; and *urbis*, because it is in due form surrounded with walls.

Kingdoms have been said to contain as many cities as they have seats of archbishops and bishops: but, according to Blount, city is a word that hath obtained since the conquest; for, in the time of the Saxons, there were no cities, but all the great towns were called *burghs*, and even London was then called *Londonburgh*, as the capital of Scotland is called *Edinburgh*. And long after the conquest the word *city* is used promiscuously with the *burgh*, as in the charter of Leicester, where it is both called *civitas* and *burgus*; which shows that those writers were mistaken who tell us every city was, or is, a bishop's see. And though the word *city* signifies with us such a town corporate as hath usually a bishop and a cathedral church, yet it is not always so.

As to the ancient state of cities and villages, whilst the feudal policy prevailed, they held of some great lord on whom they depended for protection, and were subject to his arbitrary jurisdiction. The inhabitants were deprived of the natural and most unalienable rights of humanity. They could not dispose of the effects which their own industry had acquired, either by a latter will or by any deed executed during their life. They had no right to appoint guardians for their children during their minority. They were not permitted to marry without purchasing the consent of the lord on whom they depended. If once they had commenced a law-suit, they durst not terminate it by an accommodation, because that would have deprived the lord, in whose court they pleaded, of the perquisites due to him on passing his sentence. Services of various kinds no less disgraceful than opprobrious were exacted from them without mercy or moderation. The spirit of industry was checked in some cities by absurd regulations, and in others by unreasonable exactions: nor would the narrow and opprobrious maxims of a military arbitrariness have permitted it ever to rise to any degree of height or vigour.

The freedom of cities was first established in Italy, owing principally to the introduction of commerce. As soon as they began to turn their attention towards this object, and to conceive some idea of the advantages they might derive from it, they became impatient to shake off the yoke of their insolent lords; and to establish among themselves such a free and equal government as would render property secure, and industry flourishing. The German emperors, especially those of the Franconian and Swabian lines, as the seat of their government was far distant from Italy, possessed a feeble and imperfect jurisdiction in that country. Their perpetual quarrels, either with the popes, or their own turbulent vassals, diverted their attention from the interior police of Italy, and gave constant employment for their arms. These circumstances induced some of the Italian cities, towards the beginning of the 11th century, to assume new privileges; to unite together more closely; and to form themselves into bodies politic, under the government of laws established by common consent. The rights which many cities acquired by bold or fortunate usurpations, others purchased from the emperors, who deemed themselves gainers when they received large sums for immunities which they were no longer able to withhold; and some cities obtained them gratuitously from the facility or generosity of the princes on whom they depended. The great increase of wealth which the Crusades brought into Italy, occasioned a new kind of fermentation and activity in the minds of the people, and excited such a general passion for liberty and independence, that, before the conclusion of the last crusade, all the considerable cities in that country had either purchased or had extorted large immunities from the emperors.

This innovation was not long known in Italy before it made its way into France. Louis the Great, in order to create some power that might counterbalance those potent vassals who controlled or gave law to the crown, first adopted the plan of conferring new privileges on the towns situated within his own domain. These privileges were called *charters of community*, by which he enfranchised the inhabitants, abolished all marks of servitude, and formed them into corporations or bodies politic, to be governed by a council and magistrates of their own nomination. These magistrates had the right of administering justice.