CHAPTER III

FRANCE UNDER THE LATER CAPETS, 1270-1328

Progress of the French Monarchy—Its difficulties—Philip III.—The

inheritance to Toulouse, Champagne, and Navarre—Wars with Castile

and Aragon—Accession of Philip IV. and the importance of his

reign—His War with England and Flanders—His relations with the

Papacy—The suppression of the Templars—His policy of annexation—His

domestic government—The King’s Court and its departments: the

_conseil du roi_, the _chambre des comptes_, and the _Parlement_ of

Paris—The States-General—Financial maladministration—Death of Philip

IV.—Louis X.—His death and the succession question—The Salic Law—The

short reigns of Philip V. and Charles IV.

The history of the modern kingdom of France begins with the break-up of

the great Karoling Empire in the treaty of Verdun (843). Western

Francia, split off from the other dominions of Charles the Great,

continued for a century to be ruled by his degenerate descendants. But

the decentralising movement did not stop with the division of the

Frankish Empire into three fairly well-defined units. The dukes and

counts, who had been provincial governors under Charles the Great, took

advantage of the growing weakness of the central power to make their

position hereditary and practically independent. Superficial unity was

only maintained by the necessity of making head against the attacks of

the Northmen. The successful resistance of Paris to these invaders gave

to the dukes of Paris, the lords of the Isle de France, the royal title

which the Karolings at Laon were too feeble to defend. But the early

kings of the House of Capet were as powerless as their predecessors.

They themselves belonged to the feudal nobles, they owed the crown to

the support of their fellows, they were avowedly only _primi inter

pares_. Hugh Capet himself acknowledged this when he undertook to do

nothing of importance without consulting the tenants-in-chief. During

the eleventh century France was little more than a geographical

expression: its political unity was a mere shadow: its ecclesiastical

unity was independent of the crown. But in the twelfth century two

movements began [Sidenote: Progress of the French monarchy.] which were

destined to exert the most decisive influence on the fortunes of France:

the rise of the communes, and the growth of the royal power. There was

no formal alliance between the crown and the bourgeoisie, but they had

obvious common interests in opposition to the feudal nobles, and they

rendered the most vital assistance to each other. Feudalism, attacked

both from above and from below, seemed destined to perish. The three

kings who dealt the most fatal blows to aristocratic isolation were

Philip Augustus (1180-1223), Louis IX. (1226-1270), and Philip IV.

(1285-1314). The third estate rendered its greatest service to the

monarchy by giving birth to the class of lawyers. To their superior

training and their persistent advocacy of the principles of Roman Law

was due the gradual break-down of feudal jurisdiction. The _cour du

roy_, at first either the court of the royal domain or the court of

peers for the trial of cases concerning tenants-in-chief, became, as the

Parliament of Paris, the supreme judicial court for the whole of France.

Side by side with the advance of the central judicial power, another

great change was going on—the extension of the royal domain. In the

great fiefs female succession was admitted in default of male heirs, and

this proved fatal to the permanence of many of the old families. With

regard to the crown there was no acknowledged rule of succession,

because no occasion for dispute arose. From the accession of Hugh Capet

in 987, to the death of Louis X. in 1316, there was never wanting a son

to succeed to his father. This uninterrupted male succession for so many

generations, almost unparalleled among the reigning families of Europe,

was an invaluable element of strength to the crown in its struggle with

feudalism. One by one the great fiefs fell in, were conquered, or were

acquired by marriage with heiresses. The most notable successes were the

acquisition of Normandy by Philip Augustus, and of Languedoc after the

Albigensian crusade. By the time of Philip the Fair the only provinces

which retained their feudal independence were the county of Flanders in

the north, the duchy of Brittany in the west, the duchy of Burgundy in

the east, and the duchy of Aquitaine in the south. The royal power and

the territorial unity of France had advanced _pari passu_, and Philip

IV. found himself strong enough to attempt acquisitions beyond the

traditional frontiers of France.

So far—during the twelfth and thirteenth centuries—the tendency towards

centralisation, in spite of temporary obstacles and checks, had achieved

that success which usually attends directness and persistence of aim,

and a politic, if sometimes unscrupulous, choice of means. But at the

death of Philip IV. this progress was suddenly arrested, and during the

next two centuries a struggle had to be carried [Sidenote: Difficulties

of the monarchy in the fourteenth and fifteenth centuries.] on,

differing in many respects from that which had gone before, but still

involving many of the same problems and ultimately terminating in a

victory for the same side. One essential factor in this struggle was the

tenure of the duchy of Aquitaine by a foreign prince—the king of

England. Obvious interest impelled English kings, like Edward III. and

Henry V., to ally themselves with all the forces of disunion in France,

and their efforts were aided and stimulated by the chance which gave

them a colourable claim to the French crown. But the difficulties of the

French kings of the House of Valois were not due merely to English

intervention. There were two fatal flaws in their own policy and that of

their predecessors. (1) While taking every advantage of the movement of

the lower classes, the kings had done little or nothing to satisfy their

legitimate aspirations. They gave the lawyers a distinguished position

in the service of the crown, and that was all. Before long, the third

estate was sure to weary of an alliance in which all the substantial

advantages were on one side; and if the commons were able or willing to

form a coalition with the nobles against the crown, they might impose

checks upon the royal power similar to those which were enforced by the

English parliament. That this danger was a real one will be seen when we

come to consider the attitude adopted by the States-General at the time

of the battle of Poitiers.[3] (2) While destroying the old feudal

nobility, the French kings had created a new one. As the great fiefs

fell in, many of them were granted out again as appanages to members of

the royal family. Doubtless it was considered that blood-relationship

would be sufficient to unite their interests with those of the monarchy.

But this proved a complete miscalculation. Relationship counts for very

little in politics as against the impulse given by selfish interests.

Edward III. tried a similar policy in England, and it led to the Wars of

the Roses. In France it led to the long contest of the Burgundians and

Armagnacs, to the _Praguerie_ of 1440, and to the League of the Public

Weal of 1465. The _féodalité apanagée_, as French writers call these

nobles of royal birth in contradistinction to the old _féodalité

territoriale_, did not long delay to assume the same attitude as their

predecessors, and became the opponents of the monarchy which had created

them. Their overthrow tasked the devotion of the capable servants of

Charles VII., and gave full employment to the mingled craft and

resolution of Louis XI.

The futile expedition to Tunis, the expiring effort of that crusading

impulse which had urged mediæval Europe to [Sidenote: Philip III.,

1270-1285.] heroic deeds, cost France the life of the noblest of her

long line of kings. Louis IX. was almost the only French ruler who

combined the highest moral virtues with eminent political capacity. His

son and successor, Philip III., could claim neither of his father’s

characteristics. He was illiterate, and the rashness which earned him

the name of _le Hardi_ was not redeemed by any clear insight or any

signs of ability. He was only in name the head of the House of Capet:

the real master of French policy was his uncle, Charles of Anjou. Paris

looked for guidance to Naples, rather than Naples to Paris. That the

French monarchy continued to advance, in spite of the incapacity of the

king, is a signal proof of its inherent strength and of the ability of

the trained lawyers who served it. The reign of Philip III., obscure as

it appears at first sight, was marked by the acquisition of three

important provinces, of which two remained permanently subject to the

crown.

Among the numerous victims who perished on the return journey from Tunis

were Alfonso of Poitiers (August 21, 1271), brother of St. Louis, and

his wife Jeanne [Sidenote: The Toulouse inheritance.] of Toulouse, the

last descendant of the famous House of St. Gilles. They left no

children, and their vast inheritance, including the counties of

Toulouse, Poitou, Auvergne, and the marquisate of Provence,[4] fell to

the French crown. The only exceptions were the district of Agenais,

which was claimed by the English king, and the Venaissin, near Avignon,

which was ceded to the Papacy in accordance with the treaty of Meaux in

1229. Thus France completed the absorption of Languedoc, which had been

begun in the crusade against the Albigenses. It is true that Philip

undertook to rule his new territories as count, and not as king, and

that he created a special parliament and law-court at Toulouse, but

these concessions to local independence were only temporary and

illusory.

In 1274 occurred another important death, that of Henry, King of Navarre

and Count of Champagne and Brie, leaving [Sidenote: Champagne and

Navarre.] an only daughter, Jeanne, aged three years. The widow, Blanche

of Artois, carried the infant heiress to France and threw herself on the

protection of the king. Philip at once occupied Champagne and Brie,

which were henceforth united to the crown. At the same time he procured

a dispensation from Pope Gregory X. for the future marriage of Jeanne to

his own second son Philip, who soon afterwards became heir to the throne

by the death of his elder brother. The people of Navarre revolted

against this high-handed settlement of their fate by a foreign prince,

but their resistance was crushed by a French army, and Philip assumed

the government of the kingdom as guardian for his future

daughter-in-law.

These territorial gains were the only notable successes of Philip III.’s

reign, and his remaining years were mainly occupied [Sidenote: Wars with

Castile and Aragon.] with two futile wars in Spain. Alfonso X., formerly

the claimant of the throne of the Cæsars, was still reigning in Castile,

but the actual conduct of affairs fell in his old age to his sons,

Ferdinand de la Cerda and Sancho. The elder, who had married Philip

III.’s sister Blanche, died in 1275, leaving two sons. The Castilian

Cortes, in regulating the succession, passed over these children, and

secured the crown on Alfonso’s death to Sancho, who had earned the name

of ‘the Brave’ for his exploits against the Moors. Philip was indignant

at the exclusion of his nephews, and took up arms to support their

claims. But his invasion of Castile was so reckless and ill-planned as

to gain him the name of _le Hardi_, and he was unable to force a passage

through the mountains. His intervention was naturally fruitless, and

Sancho succeeded to Castile on his father’s death.

The second war was more prolonged. The Sicilian Vespers in 1282 (_v._ p.

25), which resulted in the transfer of Sicily to Peter III. of Aragon,

made a profound impression in France, and many nobles hurried to offer

their services to Charles of Anjou. The Pope excommunicated Peter III.,

and offered the crown of Aragon to Philip III.’s second surviving son,

Charles of Valois, on condition that it should never be united to

France. The offer was accepted in 1284, and in the next year Philip

himself headed a great expedition against Aragon, which was dignified by

the name of a crusade. The capture of the fortresses of Elna and Girona,

both after an obstinate resistance, were the only successes of the

campaign. Roger di Loria with his Catalan sailors destroyed the French

fleet, and cut off the possibility of receiving supplies by sea. At the

same time disease broke out in the French army. Philip found it

necessary to retreat, and died at Perpignan [Sidenote: Death of Philip

III., 1285.] on October 5, 1285. He left three sons: Philip, who in 1284

had married Jeanne, heiress of Navarre; Charles, Count of Valois and

Alençon, and titular King of Aragon; and Louis, Count of Evreux, whose

descendants afterwards ruled in Navarre.

Philip IV. was seventeen years old when he succeeded his father, and he

died at the age of forty-seven. In the course [Sidenote: Philip IV.,

1285-1314.] of these thirty years he set a mark upon French life and

government which has never been completely effaced, not even by the

floods of successive revolutions. Yet our knowledge of his reign, and

especially of his person and character, is singularly scanty. That he

was good-looking we know from his being called _le Bel_, but we are not

informed whether he was tall or short. His character we have to infer

from his actions, and we are forced to conclude that it was far less

attractive than his face. This dearth of contemporary records is the

more notable when it is contrasted with the striking picture which we

possess of his grandfather, and with the wealth of narrative on the

subject of the fourteenth century wars. Philip was not the man to be the

hero of a Joinville or a Froissart, and no Philippe de Commines had yet

arisen. There is little that is heroic or picturesque about his reign.

The most striking scene, the humiliation of Boniface VIII., is repulsive

in itself and is discreditable to Philip’s memory. It may even be said

that there was little result to show for his restless activity. The two

enterprises which he had most at heart—the annexation of Aquitaine and

Flanders—ended in failure. His only territorial acquisition of

importance was Lyons. The suppression of the Templars was not an

achievement to be proud of. A notable victory was gained over the

Papacy, but it was gained by discreditable methods; and, after all, the

residence at Avignon brought no permanent advantages to France. Philip’s

great work lay in the comparatively obscure details of domestic

government, in the improvement and completion of administrative

machinery, and in the removal of all obstacles in the way of an

efficient despotism. These are achievements which escape the notice of

historians who are attracted by the heroes of chivalry, but they produce

far more definite and deep-seated results than the most brilliant

exploits on the battlefield. It must be admitted that Philip IV. was

cruel and cold-blooded; that his regard for the letter of the law was a

mere disguise for unscrupulousness; that this unscrupulousness was the

more repulsive for the hypocrisy which could always find pretexts to

justify it; it may even be admitted that his failures in external

politics outweighed his successes,—yet he must be always memorable as

the real founder of that administrative centralisation which has ever

since been the dominant characteristic of the government of France, and

has been a prominent cause of the subsequent greatness, if also of the

subsequent disasters, of that country.

If this estimate of the reign be correct, it is obvious that we need not

linger long over Philip’s foreign relations, and that our attention will

be better devoted to his domestic measures. The war with Aragon, which

he inherited, never interested him, as the only possible gainers by it

were his brother and his cousin. After lasting for nearly twenty years,

it ended in the final loss of Sicily by the House of Anjou, and the

abandonment by Charles of Valois of his claims on Aragon on condition

that his cousin, Charles II. of Naples, should give up to him his

appanages of Anjou and Maine. Before this settlement had been arrived

at, Philip had turned his attention to a far more exciting

enterprise—the attempt to [Sidenote: Wars with England.] wrest Guienne

and Gascony from Edward I. of England. These provinces had been united

to the English crown since the marriage of Henry II. with Eleanor of

Aquitaine, and on the whole they were fairly satisfied to remain subject

to their distant ruler, whose island kingdom gave them a convenient

market for the produce of their vineyards. But Edward I. had his hands

full with the suppression of discontent in his recent conquests in

Wales, and with enforcing his lately acknowledged suzerainty over

Scotland. This gave Philip IV. an opportunity which he was not slow to

seize. Taking advantage of a naval quarrel between some Norman sailors

and the mariners of the Cinque Ports, and of the refusal of the Gascons

to acknowledge the judicial authority of the French courts, Philip

summoned Edward I. to appear before him to answer for the breach of his

obligations as a vassal (November, 1293). Edward was aware that a

contumacious attitude towards his suzerain would set a dangerous example

to John Balliol in Scotland, and did all in his power to avoid a

rupture. Unable to go to France in person he sent as a proxy his brother

Edmund, who had married Philip’s mother-in-law, Blanche of Artois. On

this docile envoy Philip played what can only be described as ‘the

confidence trick.’ He assured him of his perfect friendliness to

England, offered the hand of his sister Margaret to Edward, who was now

a widower, and in return he demanded that, as a mere sign of trust and

submission, Gascony should be ceded to him for a period of forty days.

Edmund consented; but on the expiration of the time, Philip declared the

English king to be contumacious for not having appeared in person, and

his troops remained in occupation of the Gascon fortresses. After this

there was no alternative but war. Edward was at an immense disadvantage.

He had a war with Scotland and Wales on his hands; his subjects,

especially the clergy, were discontented at his exactions, and the enemy

was already in possession of a large part of his territories. His only

ally of importance, Adolf of Nassau, was too impotent in Germany to

effect any diversion. On the other hand, Philip offered aid to John

Balliol, and thus laid the foundation of that permanent alliance between

France and Scotland which lasted till the reign of Mary Stuart. The

actual hostilities were unimportant, but the balance of success was

decidedly against the English. It was at this time that Boniface VIII.’s

attempt to interfere led to his first quarrel with Philip IV., and to

the issue of the bull _Clericis laicos_ (_v._ p. 29). In 1297 the war

assumed a new phase. Edward I. had succeeded in deposing John Balliol

and in conquering Scotland, so that he was now free to take part in the

continental war. At the same time he found an ally in Count Guy of

Flanders, who had hitherto been kept passive by Philip’s detention of

his daughter as a hostage. But Edward was again hampered by quarrels

with the clergy and the barons, and the latter refused to serve in

Gascony if the king persisted in going in person to Flanders. The result

was that Guienne and Gascony were left defenceless, while Edward and his

Flemish ally were unable to make head against the French. This check and

the outbreak of a Scotch rebellion under Wallace forced Edward to make

overtures for peace, and Philip determined to postpone the annexation of

Aquitaine until he had completed the reduction of Flanders. Boniface

VIII. had been compelled by difficulties in Italy to draw closer to the

French king, and he had published a modified interpretation of his bull

against clerical contributions to secular rulers. He was now allowed to

act as mediator, though Philip protested that he accepted his mediation

as a private person and not as Pope. It was arranged that both parties

should retain their possessions as they stood until the conclusion of a

final settlement. As a security for future peace, Edward I. was to marry

Philip’s sister, Margaret, and the young Edward of Wales was betrothed

to Philip’s daughter, Isabella. Both kings abandoned their allies (June

30, 1298).

While Edward I. returned to defeat Wallace at the battle of Falkirk,

Flanders was left at Philip’s mercy. The Flemish citizens had no love

for their count, and would render him no assistance. In this hopeless

position, Guy [Sidenote: War in Flanders.] was induced by the

treacherous promises of Charles of Valois to trust to the clemency of

his suzerain. He was at once thrown into prison, and his fief was

declared forfeited to the crown (1300). On his first visit to his new

province, Philip’s cupidity was excited by the wealth which he found

there. His wife, Jeanne of Navarre, exclaimed, when she saw the

jewellery of the ladies of Bruges: ‘I thought I was the only queen in

France, but I find that here there are six hundred.’ The attempt to

gratify the greed thus aroused was certain to lead to discontent. The

Flemings were as fond of their wealth as they were jealous of their

independence. They soon discovered that it was better to be oppressed by

their count than to be both oppressed and pillaged by their French

governor, Jacques de Chatillon. The signal for a general rebellion was

given in Bruges, as twenty years before in Palermo, by a massacre of the

French. Philip despatched a large feudal army under Robert of Artois to

crush the insurgents. The French nobles reckoned on an easy victory over

unwarlike and ill-armed citizens, but they were undone by their own

confidence and recklessness, and were utterly routed in the famous

battle of Courtrai (July 11, 1302). This was the first of a great series

of battles which taught Europe that an infantry force, if properly led

and handled, could more than hold their own against mounted and heavily

accoutred men-at-arms. It was some time before the lesson was thoroughly

learned; but when it was mastered, the military system of the Middle

Ages collapsed, and with it perished the social organisation which

rested on the invincibility of the knightly force. Philip IV. advanced

in person to recover the lost honour and power of France, but the

approach of winter compelled him to retire without having done anything

towards the suppression of the rebellion. The great disaster of 1302,

the first which Philip had yet experienced, came at the crisis of his

quarrel with the Papacy, and forced him to moderate his ambition. In

1303 he concluded a final peace with Edward I. and resigned his

acquisitions in Aquitaine. In 1304, Boniface VIII. being dead, a great

effort was made for the reduction of Flanders. At Mons-en-Puelle (August

18), by carefully avoiding the ruinous mistakes at Courtrai, Philip

succeeded in defeating the Flemings; but his victory was hardly won, and

was by no means so decisive as that of his opponents had been. Within

three weeks the rebels had re-formed their army and were as formidable

and undaunted as ever. Philip found himself compelled to recognise that

he had undertaken a task beyond his strength, and he hastened to escape

from it by concluding a treaty (June, 1305). Robert of Béthune, the

eldest son of Count Guy, who had died in prison in 1303, was invested

with the fiefs of Flanders, Nevers, and Rethel; the Flemings undertook

to pay 200,000 livres to the French king, and to hand over as security

for the payment Douai, Lille, and other towns on the southern frontier.

It was long since a French king had suffered such a humiliating check.

In 1300, Philip seemed to have secured the whole of Flanders and the

greater part of Aquitaine. Four years later he had lost both provinces.

Philip’s relations with the Papacy have been already alluded to (_v._ p.

29). In his quarrel with Boniface VIII. he had substantial justice on

his side, and the national development of France necessitated an

energetic resistance to the exorbitant pretensions of the mediæval

Papacy. But these considerations do not justify the brutality of the

French soldiery at Anagni, nor the vindictiveness with which Philip

persisted in blackening the character of Boniface after the latter’s

death. Equally inexcusable was his treatment of the ill-fated Benedict

XI., though there is no reasonable ground for believing the charge that

Philip’s agents poisoned the Pope in consequence of his excommunication

of Boniface’s assailants. In Clement V. the king was face to face with a

Pope upon whose subservience he had reasonable claims, and who was fully

his match in diplomatic subtlety and in the want of scruples. The hold

which Philip obtained upon the Papacy at this time enabled him to effect

the blackest action of his reign, the destruction of the Templars. The

crusades in the East had come to an [Sidenote: Suppression of the

Templars.] end with the fall of Acre in 1291, and the Orders which had

been formed for the defence or conquest of Palestine must inevitably

fall victims to the jealousy which their wealth and independence excited

in Europe, or they must undertake some new task which would justify

their existence and give them a renewed hold on the public opinion of

Europe. The Knights of St. John and of the German Order of St. Mary

chose the latter course, and secured a prolongation of their corporate

existence—the one in Prussia, and the other in the island of Rhodes. The

Templars, who had been the most prominent in the wars of Palestine, were

the least prepared to find a new occupation, and their inaction impaled

them on the other horn of the dilemma. It is needless to go through the

long catalogue of charges, some horrible and some absurd, which were

brought by the king’s agents against the Order. It was inevitable that a

celibate society of warriors should give occasion for the belief that

the vow of chastity was not always observed. It is credible that in

their intercourse with the Saracens many of the knights may have been

led into unbelief, or even to adopt a contemptuous and irreverent

attitude towards Christianity. But it is not credible that the whole

Order was guilty of the obscenity, blasphemy, and irreligion that were

charged against its members. Confessions extorted under horrible

tortures and recanted when health and sanity were restored, do not

constitute evidence from which any reasonable conclusions can be drawn.

But Philip IV. was deaf to all considerations of justice or of clemency,

and his iron will extorted a condemnation from judicial tribunals and

from the Pope. In 1310, after the trial had lasted for two years,

fifty-four knights were burned in Paris, and many other executions

followed. In 1312 the Order was formally suppressed, and its possessions

transferred to the Knights of St. John. This last provision was only

imperfectly fulfilled, and much of the Templars’ hoarded wealth never

passed from the hands of the king. In 1314 the last grand master,

Jacques de Molai, after a solemn retractation of all extorted

confessions, and a denial of the truth of all charges against the Order,

perished at the stake on an island in the Seine.

Philip’s last success was an encroachment on those border territories

between France and Germany which constituted [Sidenote: Encroachments in

Arles.] the obsolete kingdom of Arles. The first step towards their

annexation to France had been taken when Philip III. inherited the

marquisate of Provence (see above, p. 47). In 1291 Philip IV. had

arranged a marriage between his second son, Philip, and Jeanne, daughter

and heiress of Otto IV., Count of Burgundy. This marriage brought

Franche-Comté under French influence, but did not result in the final

annexation of the province, which was not accomplished till the treaty

of Nymegen in 1678. For a long time the city of Lyons and the adjacent

territory had been objects of French covetousness, and constant quarrels

between the archbishop and the citizens offered frequent pretexts for

intervention. At last, in 1312, taking advantage of the Emperor Henry

VII.’s absence in Italy, Philip IV. ventured to take the final step, and

Lyons was incorporated with France.

We must now turn to Philip IV.’s domestic government, [Sidenote:

Domestic Government.] which constitutes his sole claim to a place

among the great kings of history. His aims were those of his

predecessors—those, in fact, of all kings in the later Middle Ages who

wished to extend their power. He had to destroy feudalism as a basis

of government, or, in the words of a great historian, to ‘eliminate

the doctrine of tenure from political life.’ The essential vice of the

feudal system was that every man was directly bound only to the

immediate lord of whom he held his land; the connection with that

lord’s suzerain was purely indirect. Hence came an inevitable tendency

to disruption; the tie between vassal and lord was stronger than the

indirect tie between the sub-tenant and the king; if a great noble

rebelled he could compel his tenants to follow him even against his

suzerain. For this system, which had many merits, but was inconsistent

with either national unity or a strong government, Philip desired to

substitute an organisation in which all Frenchmen, whether

tenants-in-chief or sub-tenants, should stand in equal subjection to

the law and to the king as the source and guardian of the law.

To accomplish this end, an efficient administrative machinery was

necessary, and of this the foundations had been laid by Philip’s

predecessors. The country was divided into _bailliages_ in the north and

_sénéchaussées_ in the south. Philip IV. regulated and extended the

functions of the bailiffs and seneschals, and employed them not only to

carry out his edicts in the provinces, but also to supply him with that

accurate local information without which centralisation is useless and

incompetent. Besides these local officials, he [Sidenote: The King’s

Court.] had the _cour du roi_ which attended his person. This body, the

earliest institution of Capetian France, was originally merely the court

of the king’s domain, and consisted of the household officers and the

immediate domain tenants. From time to time, however, the king must have

had to decide questions concerning the great tenants-in-chief, and by

the essential principle of feudalism such questions must be referred to

their equals. Hence arose the court of peers, the creation of which is

assigned by tradition to Philip Augustus when he summoned John of

England to answer for the murder of Arthur of Brittany. Whether this

court ever had a separate existence from the domain court is difficult

to decide, but if it had, it soon lost it. In the reign of Louis IX. the

domain court was transformed, when necessary, into a court of peers by

the addition to it of some of the great vassals. At the same time, the

court was made more efficient by the introduction of trained lawyers.

Under Philip IV. these lawyers became the real managers of the work of

justice and administration; and the nobles, though retaining the right

of attendance, preferred as a rule to absent themselves from business in

which their want of legal training placed them at a conspicuous

disadvantage. The work of the court included all departments of

government: the advising of the king, the management of finance, and the

administration of justice. And the judicial work was enormously

increased, partly by the compulsion of the nobles to allow appeals from

their local courts to that of the suzerain, and partly by the

reservation of an increasing number of _cas royaux_—_i.e._ cases which

had to be brought in the first instance before the king. It was

impossible for one body of men to discharge such a vast mass of

business, and the court was gradually split up into three great

departments, which continued, with modifications in detail, to conduct

the routine administration of France till the Revolution.

(1) The first of these divisions was the _conseil du roi_, which

corresponds roughly to the Privy Council in England. It consisted of the

great officers of the household with fifteen councillors of state and

two or more secretaries. Its chief business was to advise the king in

all affairs of government. Ordinary jurisdiction was delegated to the

Parliament, but the council continued to exercise judicial power.

Appeals could in the last instance be made to the king in council, and

he could evoke cases to it from other courts.

(2) The _chambre des comptes_ was the financial division of the royal

court, and resembles the English Exchequer. It received and audited the

accounts of the bailiffs and seneschals; it had jurisdiction in all

financial suits, and it registered all edicts and deeds which concerned

the domain.

(3) The most famous of the three bodies was the great law-court of

France, the Parliament of Paris. Its functions correspond to those of

the courts of King’s Bench and Common Pleas in England, but its peculiar

history arises from the maintenance of a corporate unity and authority

which the English judges never possessed. Philip IV. not only gave to

the Parliament a separate existence, he also fixed its sessions in

Paris, and organised its three earliest sub-divisions. The _chambre des

requêtes_ decided the lesser cases of first instance brought directly

before the Parliament. The _chambre des enquêtes_ received and prepared

for further consideration all appeals from lower courts. The _grande

chambre_ was the largest and most important of the sub-divisions, and is

often called the Parliament by itself. In it the peers retained the

right of sitting down to the Revolution, but they only appeared on

formal occasions. The _grande chambre_ decided all important appeals,

and cases of first instance concerning the peers, the royal officers,

and the members of the sovereign courts. At first the Parliament only

met twice a year, at Easter and All Saints. But the two sessions proved

insufficient to discharge the growing business of the court, and, later

in the century, it was made a permanent court, and its members were

appointed for life or during the royal pleasure. In addition to its

judicial work, the Parliament had to register all royal edicts, treaties

of peace, and other formal documents. This was originally a duty rather

than a right; and it was not till much later that the Parliament based

upon this practice a claim to remonstrate against, or even to veto, the

edicts of the king.

The organisation of this administrative machinery is the greatest

achievement of Philip IV.’s domestic government. [Sidenote: The

States-General.] But his reign is also noteworthy for the origin of the

States-General, which at one time promised to become the basis of a

constitutional system of government such as was our Parliament

established in England, but was ultimately crushed into insignificance

by the crown which had created it as a mere instrument to serve its own

ends. The first meeting was held in 1302, when Philip wished to parade

the unanimity of his subjects in opposing the pretensions of Boniface

VIII. They were summoned again in 1308 to condemn the Templars, and in

1314 to support the king in a renewed war with Flanders. Philip may have

found a model for these assemblies either in the provincial estates of

Languedoc and Brittany, or in the Cortes of Castile and Aragon, but it

is more than probable that he was inspired by the example of his great

contemporary, Edward I. of England, who in 1295 had summoned the famous

‘model parliament,’ and had himself in 1301 obtained a protest against

the papal claims from a parliament at Lincoln.

The States-General under Philip IV. are especially remarkable for their

numbers. All tenants-in-chief, whether clerical or lay, were invited to

attend in person, and those who were prevented by any unavoidable cause

might send proxies. The cathedral chapters and monasteries sent

representatives; and so did all the towns of any size in the kingdom.

There was no attempt to determine the condition which entitled a man

either to vote or to be elected. The only class which was unrepresented

was the peasantry. When the States met, they were divided into three

estates: clergy, nobles, and citizens. The meeting only lasted a day,

and there was no general discussion. The royal spokesman explained the

object for which they were summoned, and then each estate separately

drew up a document in accordance with the wishes of the king.

It is obvious that the summons of the States-General was not in any way

forced upon the king by external pressure, but was a mere expedient to

strengthen his hands. The assembly never got rid of this taint on their

origin. If a French king thought his end could be best attained by

summoning the States-General, he summoned them: but if, on the contrary,

he thought it advisable to treat separately with the various provinces,

he did so. Later in the century an attempt was made to secure regular

assemblies with definite authority, but the attempt was a failure, and

parliamentary government was never established in France until the

nineteenth century.

The whole of Philip’s rule is marked by the steady encroachments upon

feudal independence and privilege of an unscrupulous but efficient

despotism. He claimed for the crown the right of creating peers, which

he exercised in favour of Charles II. of Naples and of Robert of Artois.

He raised to the rank of nobles men who had no qualification either by

descent or by tenure, and was thus enabled to reward those ministers who

borrowed from Roman Law the phrase, _quod principi placuit legis habet

vigorem_, and coined from it a French legal adage, which the monarchy

might have taken for its motto: _que veut le roi, si veut la loi_. But

there was one glaring defect in Philip IV.’s government, which he also

bequeathed to his successors. His financial [Sidenote: Financial

maladministration.] administration was as incompetent as it was

tyrannical and oppressive. He strained to the utmost the normal sources

of revenue, the income from the domain and the feudal incidents. When

these were exhausted, he imposed _gabelles_ or taxes on the sale of

commodities. But these taxes he was foolish enough to farm out to his

creditors in order to obtain large sums of ready money. Such an

expedient, especially in early times, always results in loss to the

state and oppression to the taxpayer. More ruinous, because more

dishonest, was the constant debasement of the coinage, which Philip

carried to such lengths that contemporaries called him the ‘false

coiner.’ Thus the founder of the French monarchy was also responsible

for the defect which ultimately ruined his creation. It is an

extraordinary thing that France, one of the richest countries in Europe,

and in some ways one of the most efficiently governed, never had a sound

financial system under the old monarchy. Philip’s successors imitated

the defects as well as the merits of his rule. To his devices of farming

the taxes and of debasing the currency they added the disastrous

practice of selling offices, and of increasing their value by granting

their holders exemption from taxation. Many Frenchmen saw and deplored

the evil results of this system, but no one was strong enough to apply a

drastic remedy. The deficit which resulted was the immediate occasion,

though not the cause, of the great revolution. It may be fanciful, but

it is not preposterous, to contend that, if Philip IV. had been a

capable and honest financier, the Bourbons might still be seated on the

throne of France.

Such a harsh government as that of Philip IV. could not possibly be

popular. His direct attack upon their [Sidenote: Death of Philip IV.]

interests exasperated the _noblesse_, and his financial extortions

alienated the _bourgeoisie_. In 1314 a new war broke out with Flanders,

and Philip attempted to defray its expense by a heavy tax upon all

commodities, to be levied on their sale, from both seller and purchaser.

This caused an explosion, and for the first and only time nobles and

third estate were leagued together against the king. Such an alliance

threatened to ruin the monarchy, and Philip was forced to yield. He

abolished the tax, and promised to redress the grievances of his

subjects as regards the coinage. Soon after this humiliation he died

(November 29, 1314).

During the next fourteen years Philip’s three sons ruled in rapid

succession, and their reigns are chiefly notable for [Sidenote: Louis

X., 1314-16.] the establishment of the all-important rule of succession

which excluded females from the succession to the French throne. The

eldest, Louis X., was only twenty-four years old at his father’s death,

and took no interest in the work of government. The conduct of affairs

was allowed to fall into the hands of his uncle, Charles of Valois, who

had always sympathised with the feudal opposition to Philip IV. The

triumph of the reactionary party was seen in the trial and execution of

Enguerrand de Marigny, one of the chief advisers of the late king. But

the nobles, freed for the moment from royal domination, were

short-sighted enough to throw over their recent alliance with the

bourgeoisie, and thus lost an excellent chance of imposing permanent

restrictions upon the power of the crown. The concessions which they

obtained were solely in the interests of their own class, and even they

were not national concessions but were embodied in a series of

provincial charters. The absence of national unity, to which these

events testified, was a cause of the ultimate victory of the monarchy,

which had never again to face such a hostile union of classes as had

been formed for the moment in 1314.

Apart from this momentary victory of the feudal nobles, the reign of

Louis X. is absolutely uneventful. He got rid of his first wife,

Margaret of Burgundy, in order that he might marry Clementia, sister of

Carobert of Hungary. He also undertook an expedition to Flanders in

order to force the Count to observe his treaty obligations; but the

campaign was wholly unsuccessful, and soon afterwards the young king

died, on June 5, 1316. His death was more [Sidenote: Succession question

in 1316.] important than his life, as it gave rise to the first doubtful

succession since the reign of Hugh Capet. For the first time for more

than three centuries there was no male heir to the crown, as Louis only

left a daughter, Jeanne, the offspring of his first marriage. As the

question of female succession had never arisen before, there was no rule

to decide either way. But the problem in this case was further

complicated by the fact that Clementia, Louis’s second wife, was

expecting a child to be born five months after her husband’s death.

Until this event took place nothing could be settled, and during the

necessary interregnum the regency was naturally intrusted to Philip, the

elder brother of the late king. Meanwhile the interests of Jeanne were

maintained by her maternal uncle, Eudes IV. of Burgundy, with whom

Philip concluded a treaty. This provided that if Clementia gave birth to

a son he should succeed to the whole inheritance, but if the posthumous

child were a daughter, then Jeanne was to have Navarre, Champagne, and

Brie until she was of marriageable age, when she was to choose whether

to renounce the crown of France or to demand a formal consideration of

her claims.

In November, 1316, Louis X.’s widow gave birth to a son, who is reckoned

in the list of French kings as John I. The child was born on a Sunday,

and died on the following Friday. Thus the claims of Jeanne were left in

full force, but they were seriously prejudiced by the fact that during

the previous five months her uncle had obtained a firm hold of the reins

of government, which he was by no means prepared to resign. The Duke of

Burgundy was bribed to abandon the cause of Jeanne by a marriage with

Philip’s daughter, and by the gift of Franche-Comté and 500,000 crowns

as his bride’s dowry. The French lawyers, sharing the general prejudice

against female rule, which resulted from so long a period of male

succession, hunted out a clause in the laws of the Salian Franks which

forbade [Sidenote: The so-called Salic Law.] the inheritance by women of

_terra Salica_. This clause they arbitrarily applied to the crown, and

thus coined the famous expression, the Salic Law. But it must never be

forgotten that the exclusion of women from the throne of France rests,

not upon any ancient rule, but upon the precedent of Jeanne’s exclusion

in 1316, followed and confirmed by further exclusions in 1322 and 1328.

Once securely established on the throne, Philip V. showed [Sidenote:

Philip V., 1316-22.] himself a resolute and able ruler. The reaction in

favour of feudal independence was checked; the lawyers recovered their

ascendency in the royal counsels; and the administrative machinery of

Philip IV. was once more set in working order. Numerous assemblies were

held, in which the third estate was fully represented; and a vigorous

attempt was made to improve trade, and to check provincial isolation by

establishing uniformity in coinage, weights, and measures. But Philip

did not live long enough to carry out designs which, if successful,

might have given him a place among the great administrators of France.

He died in 1322 leaving only daughters, and his brother Charles IV. had

little difficulty in seizing, not only the throne, [Sidenote: Charles

IV., 1322-28.] but also Navarre, Champagne, and Brie, which ought to

have been left in the hands of Jeanne. The reign of Charles is of little

importance except in connection with England, where Edward II. was

deposed and murdered by a conspiracy headed by his faithless wife and

Charles’s sister, Isabella of France. To his nephew, the young Edward

III., Charles handed over Guienne, but retained the district of Agen, to

be the source of future disputes. With Charles IV.’s death (January 31,

1328) the main line of the House of Capet came to an end. There was

still one doubt as to the rule or custom of succession. That women could

not themselves hold the crown had been settled by three successive

precedents within twelve years. But could they transmit a claim to their

male descendants? There were in 1328 two possible claimants on this

ground—Philip, the son of Eudes IV. of Burgundy by a daughter of Philip

V., and Edward III. of England, whose mother was a sister of the three

last kings. But France was not likely to adopt a rule of succession

which might at any moment give the crown to a foreign prince. And so the

crown passed to the nearest male heir, Philip of Valois.

Footnote 3:

See below, chap. iv., pp. 81-88.

Footnote 4:

Since 1125 Provence had been divided into two parts: (1) the county,

south of the Durance, which was given to the family of Bérenger, and

passed, with the hand of their heiress Beatrice, to Charles I. of

Anjou and Naples; (2) the marquisate, between the Durance, the Isère,

the Alps, and the Rhône, which was held by the counts of Toulouse, and

was brought by Jeanne to her husband, Alfonso of Poitiers.

The Close of the Middle Ages, 1272-1494, 3rd Ed. · 第 3 / 22 章