There were two women, who were not at the burial, to whom the death of

Orleans came nearer than to any mourner there. When Isabel heard that

Orleans was slain she went in terror of her life. Ill as she was, she

had herself carried in a litter to St. Paul’s, taking shelter there in

the arms of her mad husband, and so soon as she was fit for travel the

poor, light, beautiful, little Queen went out of Paris, far away from

Burgundy, far, too, from that maimed and slaughtered body lying in the

chapel of the Celestines. Terrified, indifferent, she could think of

nothing but her own imaginary danger.

The mistress and the wife took the matter in a very different spirit. At

first, in her transports of sorrow, Valentine could not act. She tore

out her hair and shred her garments; she sobbed so much, that for weeks

afterwards her voice was hoarse. But when the first paroxysm was over

her strong Italian character centred itself upon one fixed idea—justice,

vengeance for her murdered husband. Valentine had no thought of her own

safety. She sent her two elder sons and her girl into Blois, and then,

with the Princess Isabel and little John, her youngest child, on either

hand, the Duchess of Orleans set out from Château-Thierry for Paris.

Travelling was slow that terrible winter. It was not till the 10th of

December that Valentine entered the capital. She, her children, her

servants, were all dressed very plainly and roughly, and, of course, in

black. The King of Sicily and the Duke of Berri came out to meet them.

When they reached the palace Valentine threw herself upon her knees

before the King, demanding justice. The poor Charles (_azzez subtil pour

lors_) raised her up and kissed her, while they both wept together. He

promised strict justice upon Burgundy. Again, ten days later, he

declared, “What is done to my only brother is done to me.” Valentine and

her children, satisfied of vengeance, retired to their great hotel in

the Marais.

The King fell ill again so soon as Valentine had left him. “They say,...

but I affirm nothing,” suggests the Monk. Valentine the witch stayed on,

however, among the people who had murdered her husband. One thing that

we learn of Valentine at this moment shows us how profound, how selfless

was her love of Orleans. She sought out his bastard—the little John,

afterwards Count of Dunois, the son of Mariette de Canny—and brought him

up with her own children. It even seemed as though she loved him more

than the others. Glancing from the poetic Charles, the delicate Philip,

the child John, to his determined and eager little face, she exclaimed,

“None of your brothers is more fit than you to avenge your father.

Nature has cheated me of you!”

To avenge your father! This had become the unique preoccupation of

Valentine. But that promised vengeance tarried long. On the 8th of March

a learned doctor of theology, the chosen advocate of Burgundy, a certain

Maître Jean Petit, excused the murder of Orleans before the King. “_Il

est licite d’occire un Tyran._”

It was not only of tyranny that the Burgundians accused their victim.

The tremendous accusation of Jean Petit (which every student of the past

has read in Monstrelet) enumerates attempted regicide, and secret

poisoning, sorcery, necromancy, charms, incantations. “Sorcery, high

treason against God, and regicide, high treason against the King. There

is also tyranny,” says Maître Jean Petit. It was of course for this

third cause, treason against the people, that Orleans’ murder was

condoned in Paris.

For the people never hid their support of Jean-sans-Peur. Those who had

wept at the funeral of Orleans were ready now to cry again the cry of

Burgundy. The King, whose mind was again overcast, although he was not

actually mad, the King himself on the 9th of April, 1408, signed letters

patent granting pardon to Jean-sans-Peur. “Our very dear and

well-beloved cousin of Burgundy, _who for the public good and out of

faith and loyalty to us, has caused to be put out of this world our said

brother of Orleans_.” This was the last insult to his memory. Valentine

would not brook it; she rallied to the charge. Though she herself had

been seriously implicated in the tissue of villainy which his murderers

had woven about the memory of her husband, Valentine had no thoughts to

spare for her own safety. All through July and August she kept agitating

against Burgundy. Bringing her children with her she sought the King and

cried on her knees for justice. Twenty years’ exile for Burgundy! Her

two advocates, Sérisi and Cousinet pleaded eloquently for her; refuting

the vile accusations of poison and sorcery with a candour, a logic, a

fine and modern spirit worthy of the intellect of the dead man they

defended. It was all no use. “The Parisians,” says Monstrelet, “loved so

well this Duke of Burgundy; because they believed that if he undertook

the government, he would put down throughout the kingdom all salt taxes,

imposts, dues, and subsidies which were to the prejudice of the people.”

Though nearly all the royal Princes were openly on the side of

Valentine, the King did not _dare_ avenge his brother. The Court was

impotent against the people.

In the early autumn Valentine left Paris. Life was over for her. “Rien

ne m’est plus. Plus ne m’est rien,” ran her melancholy motto. Anger and

bereavement and hopeless sorrow had worn her to a shadow. She took the

little Dunois with her children to the Castle of Blois. There were four

of them, Charles, the Poet, who should be the father of King Louis XII.;

and little John, the grandfather of Francis I.; Philip, Count of Vertus;

and Margaret, in later years the grandmother of Anne of Brittany. These

children, three of whom should be the grandparents or great-grandparents

of Henri II., Valentine ceaselessly instructed. All her contemporaries

bear witness to her untiring vigilance over them. “They are marvellously

good, and well-instructed for their years,” says Monstrelet: “Moult

notablement conduits et indoctrinés.” But there was one lesson, dearer

than the others, that Valentine perpetually taught her sons. “Avenge

your father,” she continually cried.

These children, so different in character and destiny, were the dearer

to their mother that she felt she had not long to love them. Valentine

was dying of a broken heart, “of anger and mourning,” writes Juvenal;

“of anger and impotent vengeance,” says Monstrelet. Her eyes were quite

dim with useless tears, and still she resented the very grief that

drained her life; for she did not want to leave her little children and

her unaccomplished task. “It was pitiful,” says Juvenal, “before she

died to hearken to her regrets and her complaints, so piteously she

regretted her children, and a bastard, called John, whom she could not

suffer out of her sight, saying none of her children was fitter to

avenge their father.”... “Since the tragic end of her husband,” says the

Monk, “this Duchess spent her days in tears, and many say the bitterness

of her heart induced that unhealthy languor of which she died.”

This was in November. Upon St. Clement’s day, upon that heart-sickening

anniversary of her husband’s murder, Jean-sans-Peur rode into Paris. It

was a triumph. As he passed the people, and their little children cried,

“Noel, noel au bon Duc.”

It was near a week before the news came down to Blois. When she heard

it, Valentine felt that all was over. No vengeance was possible. On the

4th of December the unhappy woman died, with her last breath entreating

her little children never to forget their father’s murder. But these

children were only children, and they were orphans. The death of

Valentine seemed to secure the triumph of her enemy. Jean-sans-Peur did

not seek to hide his rejoicing: “Car icelle Duchesse continuoit moult

asprement et diligemment sa poursuitte.“ But already Retribution at her

grindstone was sharpening the fatal battle-axe of Montereau.

THE CLAIM OF THE HOUSE OF ORLEANS

TO MILAN.

Let us recapitulate.

When, on September 16, 1380, Charles V. of France expired, he left

behind him two young sons. One was twelve years old, tall, stalwart,

healthy, amiable; the other was a lad of nine, less regularly handsome

than his brother, slighter, darker, more agile, more acute, and more

engaging.

Charles V. had left his younger son no more than the pension of a

private gentleman; the elder was the king of France. The dying monarch,

a man of many brothers, had seen the dangers that arise when royal

princes are too rich. But he had died before his time; and of his two

heirs the king was gentle, dull, and generous; the gentleman, brilliant,

grasping, and ambitious. The result was calculable. Twenty years later

the younger son was king in all but name; he was rich, puissant,

terrible, and hated; while his brother, impoverished and neglected,

starved on the throne, the best-beloved man in France. Circumstances had

made the rise of the younger son singularly easy. In his twenty-fourth

year King Charles VI. became violently mad, and henceforward till his

death there were long regencies (the subject of angry contests between

his uncle and his brother) interrupted by periods of lax and kindly

government. His younger brother, Louis, Duke of Orleans, became, as

first prince of the blood, more powerful than the king. He was too

powerful; and his arrogance and his extortions raised many enemies

against him. On November 23, 1407, he was cruelly murdered as he was

riding by night through the streets of Paris. He had made himself so

terrible that even the brother who loved him did not seek to avenge him,

but praised the murderer “who, for the public good and out of faith and

loyalty to us, has caused to be put out of this world our said brother

of Orleans.” No one mourned the murdered man absolutely and completely

except his devoted widow and his orphaned children.

A year and a week later the duchess died. Her three sons, her one

daughter, with Dunois, the natural son of Orleans, whom his widow had

adopted, were left fatherless and motherless in a kingdom full of

enemies, where their father’s murderers triumphed. They entered the

world as a battlefield; but, though so young, they entered armed and

mounted. From their father they inherited the duchies of Orleans,

Luxembourg, and Aquitaine, the counties of Valois, Beaumont, Soissons,

Blois, Dreux, Périgord, and Angoulême, with the seigneuries of Coucy and

Savona. Through their mother they acquired the county of Vertus in

Champagne, the county of Asti in Lombardy, and certain pretensions to

the ducal crown of Milan.

I.

In the year 1387 their father, Louis of France, not yet the Duke of

Orleans, had been contracted to the Duke of Milan’s only daughter,

Valentine Visconti, whom two years later he espoused. In relation to the

established monarchs of his time, the father of Valentine stood in much

the same situation as afterwards the great Napoleon, in the first years

of his empire, towards the kings of Germany. He was rich, too powerful

to be safely opposed, a conqueror of whom the end was still beyond

prediction; hence a man to conciliate and appease. Yet in their hearts

they despised him as a parvenu and an adventurer, and deplored and

deprecated the moral flaws that marred the beauty of his prosperity.

Giangaleazzo, first Duke of Milan, was the only son of Galeazzo

Visconti, who, in conjunction with Bernabò, his brother, swayed the city

of Milan and the greater part of Lombardy. They had murdered their own

brother, and divided his inheritance between them—Bernabò, the elder,

holding his state in Milan, Galeazzo in the city of Pavia.

Bernabò had no less than nine-and-twenty children. Galeazzo had but two,

but for these he was ambitious. He married his daughter to the son of

the King of England; his son he married to the daughter of the King of

France. This was in 1360. The bride and bridegroom were still of

childish age. Six years later their eldest child was born. It was a

girl, Valentine. The three brothers who followed her died in their

minority; but Valentine flourished, grew to womanhood, and brought into

the house of Orleans the tangled question of the Milanese succession.

At her birth and during her childhood her father was but one of several

rulers in Milan. The Visconti ruled as a clan rather than as an

organized dynasty. They were the descendants of a certain Captain

Eriprando, who, in the year 1037, defended Milan against the Emperor

Conrad. Notwithstanding this beginning the Visconti were eminently

Ghibelline, and depended for all their subsequent fortunes on the

emperor. In 1277 they chased the Guelfs from Milan, and made themselves

masters of the state. They became lords or _domini_ in Milan, lords of

an imperial fief, but with no pretence to an imperial investiture. The

emperor recognized them only as his captains, his viscounts, or his

imperial vicars.

In 1372 the Emperor Charles IV., alarmed at the pretensions of the

Visconti clan, deprived them of their office. The rich tyrants, not

afraid of a distant emperor beyond the Alps, paid little heed to this

punishment. The emperor died, and his son succeeded—the dissolute

Wenzel, who was to do so much for Milan. Almost his first act was to

create the youthful father of Valentine Imperial Vicar of the Milanese.

This taste of power whetted the ambition of the young man, left

fatherless now to confront the faction of his uncle Bernabò and his

numerous children. Lax and irregular forms of government favour a

violent ambition. By one bold stratagem Giangaleazzo took his uncle

prisoner, dispossessed his cousins, and established himself as lord of

Milan.

Milan was not enough. Fire and sword cleared the way before him, and his

territory stretched to the Apennine ridges. Florence, on the other side,

trembled for her independence. The Lombard kingdom was alive again, and,

though the Pope refused the indomitable conqueror the title of King of

Italy, in 1395 the Emperor Wenzel invested him with the duchy of Milan.

Meanwhile, in 1389, Valentine Visconti had gone to her husband in

France. When she left Milan she was no longer her father’s only child. A

few months before, her stepmother, Caterina Visconti, had given birth to

a son. A little later a second son was born. The greatest conqueror of

his age could now divide his possessions between two sons born in

wedlock, a bastard boy named Gabriello, and his only daughter Valentine,

the child of his first wife, the Princess Isabelle of France. The first

question that confronts us is this: What provision did Giangaleazzo

Visconti make for his daughter Valentine of Orleans?

For many centuries there has been much debate concerning the claim of

Orleans to Milan. Much argument and little evidence has confused the

question; it is only the evidence that we shall examine here. In the

National Archives of Paris[50] there exists the original

marriage-contract of Valentine Visconti. A copy of this document is

contained in a brown leather folio, stamped with the Visconti serpent,

existing in the British Museum.[49] It is an instrument granted by the

Antipope, Clement of Avignon, on January 27, 1387, in favour of Louis of

Orleans and Bertrand de Guasche, Governor of Vertus, as representing the

father of Valentine. To the marriage contract are appended a

dispensation (Louis and Valentine were cousins), a deed of transfer for

the bride’s dowry of Asti and its dependencies, and a declaration of her

right to succeed her father in Milan, in case his direct male line

should become extinct. The clause which chiefly concerns us runs as

follows: “_Item est actum et in pactum solempni stipulatione vallatum et

expresse deductum quod in casu quo præfatus dominus Johannes Galeas

vicecomes, comes Virtutum, dominus Mediolanensis, decedat sine filiis

masculis de suo proprio corpore ex legitimo matrimonio procreatis, dicta

domina Valentina, nata sua, succedat et succedere debeat in solidum in

toto dominio suo presente et futuro quocumque, absque eo quod per viam

testamenti, codicillorum, seu alicujus alterius ultimæ voluntatis, aut

donatione inter vivos, ipsa aliquid faciat seu facere possit in

contrarium quovis modo._”

Footnote 49:

J. 409, No. 42. Contrat de Mariage. 42 _bis_, Vidimus du Contrat et

Acte de la remise d’Asti. Pavia, April 8, 1387. 42 _ter_, Confirmation

du Contrat par Clement VII. à Avignon. For further documents on the

subject see Carton K. 553.

Footnote 50:

Additional MSS., No. 30,669, fo. 215.

The husband of Valentine was for many years the tool with which the

astute Visconti hoped to assure his own supremacy in Italy. In 1393 and

in 1394 Visconti had no dearer scheme than that Clement, the Antipope at

Avignon, should make the Duke of Orleans king of Adria. With Clement at

Rome, Anjou at Naples, Orleans ruling the centre from Spoleto to

Ferrara, Visconti beheld the annihilation of Venice and the Tuscan

republics—a united Italy north of Rome. Doubtless he intended the

kingdom of Adria and the kingdom of Lombardy to lose themselves in one

monarchy: but whether that result was to be attained by the subsequent

spoliation of Orleans or by his adoption as heir to Milan, was a

question which probably depended on the living or dying of the sons of

Giangaleazzo. Orleans, however, though so young, proved himself no

facile instrument. He had no intention that Adria and Lombardy should

unite to his own disadvantage; and silently he contemplated another

scheme—to secure the docility of Lombardy by bounding it on the south by

Adria and on the north by another French principality, to be formed by a

fusion of Asti and Genoa. Orleans, therefore, determined to begin by the

conquest of Genoa; and for three years he displayed so much ability that

Giangaleazzo began to suspect this count of Asti and seigneur of Savona,

whom the Genoese implored to become the governor of the Ligurian

republic. Then came the scandal of the acquisition of Genoa by Charles

VI., to the detriment of his brother. From 1395 to 1397 there is a

moment of division between the interests of Orleans and Visconti; but,

as we shall see, the last act of Visconti was to enforce the claims of

Orleans to Milan, and the Duke of Orleans in his will[51] expressly

bequeaths to his eldest son “_la comté d’Ast et autres terres que j’ay

et puis avoir au pays de Lombardy et d’outre les monts_.” As far as

Orleans and Visconti could decide, there is no doubt of the claim of

Orleans to Milan. But it is more difficult to decide by what right

Giangaleazzo Visconti disposed of the emperor’s fiefs of Milan; for

although, when Visconti signed his daughter’s marriage-contract, he was

simply the illegal despot of Milan, eight years later the emperor made

him duke and received tribute at his hands. The lands which Visconti had

gained by succession, by fraud, and by conquest, which he had ruled by

force and national custom, were now indubitably his by feudal right. But

in order to acquire the security of this legality, the Duke of Milan, in

theory at all events, had sacrificed a certain portion of his

independence.

Footnote 51:

Champollion-Figeac, “Louis et Charles ducs d’Orléans,” p. 253. The

will is dated Oct. 17, 1403: Pisa was probably counted in the “autres

terres que puis avoir.”

The first investiture was granted him on Sept. 5, 1395. From this date

he held his duchy of Milan as an imperial fief. But as what manner of

fief? And which class of fiefs admits a woman to be her father’s heir?

These questions, seemingly simple, are in reality difficult to answer,

because feudal law was quite indefinitely modified by provincial custom.

It was chiefly custom which decided if an hereditary fief could be

inherited by a woman in default of males. Thus in France the provinces

of Burgundy and Normandy were strictly masculine fiefs; but Lorraine,

Guienne, and Artois descended to daughters in default of sons; and the

duchy of Brittany, the kingdoms of Cyprus, Navarre, and Naples (a Papal

fief), will occur to every mind; while in Germany itself, in the

stronghold of feudalism, the duchy of Mecklenburg descended to daughters

on extinction of the masculine branch; many fiefs in Swabia, Zutphen,

Pomerania, and Saxony, followed this example.

In the North of Italy the distinction between legitimacy and

illegitimacy had become so trivial a thing, that sons, born in or out of

wedlock, were generally forthcoming in sufficient numbers to distance

any feminine claim; and the Imperial investiture—save in the case when

it carried with it the Imperial Vicariat—was rather a rose in the

buttonhole of the tyrant than a necessary legalization of a tyranny

stronger than the law. Yet the marquisate of Montferrat was brought into

the house of the Palæologi through a feminine succession; and in 1387

Valentine Visconti brought the country of Asti (no less than Milan an

Imperial fief) unquestioned to her husband, and with only the Pope’s

investiture. A century later Caterina Sforza ruled in Pesaro. The custom

in Italy, then, though dubious, various, and full of irregularities and

confusions was, on the whole, the same as the custom in Mecklenburg,

Pomerania, Swabia, Hungary, Brittany, Navarre, and other places: on

extinction of the male descent a woman might succeed. If her succession

were provided for by the terms of the investiture; or, in other cases,

unless she were deliberately excluded.[52]

Footnote 52:

In the ordinary imperial fiefs, which, even so late as the end of the

fourteenth century, still in many cases preserved their original idea

of military service granted in return for territorial possessions, a

woman could not succeed without direct and especial mention of this

fact in the investiture, or in some subsequent privilege. But in a

purchased fief daughters were admitted to the succession in default of

males. Milan was an imperial fief, derived directly from the emperor,

and held by the peculiar sort of tenure known as _Fahnlehen_, from the

homage of a banner or standard paid by its possessor to his feudal

lord; it was destined, even if not explicitly reserved, for masculine

operation only. Giangaleazzo Visconti paid the enormous price of

100,000 florins (about £50,000 sterling) for the title and

investiture, but I am not aware whether this is or is not sufficient

to grant the fief the looser privileges of a _feudum emptum_.

In the investiture of 1395 which made Giangaleazzo duke of Milan there

is no mention of Valentine, but neither is there any direct mention of

the sons of Giangaleazzo. The duchy of Milan is bestowed on him, _sui

heredes et successores_. Now this term in Italy, where the Pandects were

still the model of civil law, might be held to include _all_ the

children of the possessor; and, on failure of the male line, the

daughter would be entitled to put in her claim. I am not aware how much

was implied in Germany at this date by the employment of this term; but

probably there also it was at least ambiguous, since, under the

Hohenstaufen emperors, Roman law had made a great advance through

Germany, and since, later on, it was found necessary to formulate a

special clause that the use of the expression _sui heredes_ should not

be considered sufficient to authorize females to claim succession to a

masculine fief.

The End of the Middle Ages: Essays and Questions in History · 第 12 / 26 段