Commune or commons sometimes signifies the popular classes or ' humble folk ' of a city or small-market town. It is also a kind of social organization where the inhabitants or bourgeoisie of the same place, with the permission of their lord, contract between themselves to form a body. This body has the right to assemble and deliberate communal affairs, to choose officials, to collect and administer common revenues, and to have a seal and a common coffer, etc.

The origin of the concession of communal status is very ancient: it is said that the Gauls enjoyed this right under the Romans and there were similar privileges granted by the kings of the second race.

Louis-le-Gros (the Fat), however, is generally considered to be the first one who established communes . Most of his subjects, even those who lived in cities, were still serfs. They did not form any body between themselves and consequently could not assemble together. Therefore they redeemed or freed themselves of servitude for a considerable sum which they paid to the king or other lord in lieu of any other due.

The first communal charter that is known was the one that Louis-le-Gros granted to the city of Laon in 1112. It incited a revolt against the bishop. The commune of Amiens was established in 1114. Louis-le-Jeune (the Young) and Philippe Auguste furthered the establishment of these communes with the objective being to protect the inhabitants from the oppression and violence of certain lords. And also to create citizens and judges in the cities and to give kings the freedom to bear arms (in these cities).

Those who made up the commune were called ' bourgeois ' and from their body elected officers to govern- a mayor, jurors, magistrates , etc. It is the origin of the civic body. These officers administered justice amongst the bourgeois.

The commune maintained a regulated militia on an active footing in which all of the inhabitants were enrolled. The commune also imposed extra taxes when necessary.

The king only established communes within his own territories and not in those of powerful lords. Except at Soissons, where the count was not strong enough to prevent it.

According to Philip VI, in letters dating from March 1331, not all cities would acquire communal status. Cities, not having communal status, were governed by officers of the king.

Cities with communal status were considered to be in the king's domain. They could not without permission be lent or attributed to anyone, nor could they make any gift, except wine, in jugs or barrels. The commune could only send the mayor, the clerk and two other persons to court, and these deputies could not make more expenditures than they needed. The funds of the commune had to be put in a coffer. The commune could tax itself annually for its needs. This is found in two regulations made by St. Louis in 1256.

Some cities of the first rank, like Paris, were freely held and had officers, without ever having obtained a charter or concession of communal status.

Lords and above all ecclesiastics quickly became aware of the threat posed by establishing communes , because their lands became deserted by the large numbers of their subjects who sought refuge in the free cities. But their efforts to remove communal status from cities and towns only hastened the destruction of their tyranny. For as soon as the cities took up arms, the king came to their assistance. Louis VIII declared that he regarded as his own territory all of the cities which had communal status.

The majority of lords, intimidated by our kings, also freed their subjects. In addition, powerful lords established communes in their dependant territories. The count of Champagne granted communal status to the city of Meaux in 1179.

It is important not to confuse simple emancipation with the concession of communal status. La Rochelle was free as early as 1199, before the establishment of the commune .

The concession of communal status made by the king and those made by the lords, when they were confirmed by the king, were perpetual and irrevocable, unless the communities deserved to be deprived because of a malfeasant action. This happened to the inhabitants of the city of Laon under Louis VI for having killed their bishop. It also happened to the inhabitants of La Rochelle under Louis XIII because of their rebellion.

The majority of privileges that have been granted to the communes , such as justice, the right to maintain a militia on an active footing, to raise extra taxes, have been taken away, little by little, by our kings. The ordinance of Moulins art. 71 removed the privilege of civil justice, leaving only the exercise of criminal justice and the police. But the restriction of privileges continues. In the majority of cities, municipal officers no longer have any administration of justice. A few communes only retain a portion of their judicial authority and police.

On the establishment of the communes , see Chopin, de dom. lib. III tit. xx. n. 5 & seq. La Thaumassiere, sur les coûtumes locales de Berri, ch xjx. Ducange, gloss. lat. verb. communantia. Hauteserre, de ducibus, cap. jv. in fine. Desid. Heraldus, quast. quoted. p. 93. & 94. Les auteurs de la préf. de la iblioth. des coûtumes. Le recueil des ordonn. de la troisieme race. Hist. ecclésiastiq. de Fleury, tome XIV, in. - 12 liv. LXVI. P. 157 & 128. Le président Bouhier, en ses observ. sur la coûtume de Bourgogne, ch. Lj. P. 31. Et le président Hénault, à la fin de son abregé de l'hist. de France. (A)