The History of France (Vol. 1-6). Guizot François

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and they who had their suit rose up; and then he said, ‘Keep silence, all of ye; and ye shall have despatch one after the other.’ And then he called my Lord Peter de Fontaines and my Lord Geoffrey de Villette (two learned lawyers of the day and counsellors of St. Louis), and said to one of them, ‘Despatch me this suit.’ And when he saw aught to amend in the words of those who were speaking for another, he himself amended it with his own mouth. I sometimes saw in summer that, to despatch his people’s business, he went into the Paris garden, clad in camlet coat and linsey surcoat without sleeves, a mantle of black taffety round his neck, hair right well combed and without coif, and on his head a hat with white peacock’s plumes. And he had carpets laid for us to sit round about him. And all the people who had business before him set themselves standing around him; and then he had their business despatched in the manner I told you of before as to the wood of Vincennes.” (Joinville, chap. xii.)

      The active benevolence of St. Louis was not confined to this paternal care for the private interests of such subjects as approached his person; he was equally attentive and zealous in the case of measures called for by the social condition of the times and the general interests of the kingdom. Amongst the twenty-six government ordinances, edicts, or letters, contained under the date of his reign in the first volume of the Recueil des Ordonnances des Rois de France, seven, at the least, are great acts of legislation and administration of a public kind; and these acts are all of such a stamp as to show that their main object is not to extend the power of the crown or subserve the special interests of the kingship at strife with other social forces; they are real reforms, of public and moral interest, directed against the violence, disturbances, and abuses of the feudal system. Many other of St. Louis’s legislative and administrative acts have been published either in subsequent volumes of the Recueil des Ordonnances des Rois, or in similar collections, and the learned have drawn attention to a great number of them still remaining unpublished in various archives. As for the large collection of legislative enactments known by the name of Etailissements de Saint Louis, it is probably a lawyer’s work, posterior, in great part at least, to his reign, full of incoherent and even contradictory enactments, and without any claim to be considered as a general code of law of St. Louis’s date and collected by his order, although the paragraph which serves as preface to the work is given under his name and as if it had been dictated by him.

      Another act, known by the name of the Pragmatic Sanction, has likewise got placed, with the date of March, 1268, in the Recueil des Ordonnances des Rois de France, as having originated with St. Louis. Its object is, first of all, to secure the rights, liberties, and canonical rules, internally, of the Church of France; and, next, to interdict “the exactions and very heavy money-charges which have been imposed or may hereafter be imposed on the said Church by the court of Rome, and by the which our kingdom hath been miserably impoverished; unless they take place for reasonable, pious, and very urgent cause, through inevitable necessity, and with our spontaneous and express consent and that of the Church of our kingdom.” The authenticity of this act, vigorously maintained in the seventeenth century by Bossuet (in his Defense de la Declaration du Clerge de France de 1682, chap. ix. t. xliii. p. 26), and in our time by M. Daunou (in the Histoire litteraire de la France, continuee par des Hembres de l’Institut, t. xvi. p. 75, and t. xix. p. 169), has been and still is rendered doubtful for strong reasons, which M. Felix Faure, in his Histoire de Saint Louis (t. ii. p. 271), has summed up with great clearness. There is no design of entering here upon an examination of this little historical problem; but it is a bounden duty to point out that, if the authenticity of the Pragmatic Sanction, as St. Louis’s, is questionable, the act has, at bottom, nothing but what bears a very strong resemblance to, and is quite in conformity with, the general conduct of that prince. He was profoundly respectful, affectionate, and faithful towards the papacy, but, at the same time, very careful in upholding both the independence of the crown in things temporal, and its right of superintendence in things spiritual. Attention has been drawn to his posture of reserve during the great quarrel between the priestdom and the empire, and his firmness in withstanding the violent measures adopted by Gregory IX. and Innocent IV. against the Emperor Frederick II. Louis carried his notions, as to the independence of his judgment and authority, very far beyond the cases in which that policy went hand in hand with interest, and even into purely religious questions. The Bishop of Auxerre said to him one day, in the name of several prelates, “ ‘Sir, these lords which be here, archbishops and bishops, have told me to tell you that Christianity is perishing in your hands.’ The king crossed himself and said, Well, tell me how that is made out!’ ‘Sir,’ said the bishop, ‘it is because nowadays so little note is taken of excommunications, that folk let death overtake them excommunicate without getting absolution, and have no mind to make atonement to the Church. These lords, therefore, do pray you, sir, for the love of God and because you ought to do so, to command your provosts and bailiffs that all those who shall remain a year and a day excommunicate be forced, by seizure of their goods, to get themselves absolved.’ Whereto the king made answer that he would willingly command this in respect of the excommunicate touching whom certain proofs should be given him that they were in the wrong. The bishop said that the prelates would not have this at any price, and that they disputed the king’s right of jurisdiction in their causes. And the king said that he would not do it else; for it would be contrary to God and reason if he should force folks to get absolution when the clergy had done them wrong. As to that,’ said the king, ‘I will give you the example of the Count of Brittany, who for seven years, being fully excommunicate, was at pleas with the prelates of Brittany; and he prevailed so far that the pope condemned them all. If, then, I had forced the Count of Brittany, the first year, to get absolution, I should have sinned against God and against him.’ Then the prelates gave up; and never since that time have I heard that a single demand was made touching the matters above spoken of.” (Joinville, chap. xiii. p. 43.)

      One special fact in the civil and municipal administration of St. Louis deserves to find a place in history. After the time of Philip Augustus there was malfeasance in the police of Paris. The provostship of Paris, which comprehended functions analogous to those of prefect, mayor, and receiver-general, became a purchasable office, filled sometimes by two provosts at a time. The burghers no longer found justice or security in the city where the king resided. At his return from his first crusade, Louis recognized the necessity for applying a remedy to this evil; the provostship ceased to be a purchasable office; and he made it separate from the receivership of the royal domain. In 1258 he chose as provost Stephen Boileau, a burgher of note and esteem in Paris; and in order to give this magistrate the authority of which he had need, the king sometimes came and sat beside him when he was administering justice at the Chatelet. Stephen Boileau justified the king’s confidence, and maintained so strict a police that he had his own godson hanged for theft. His administrative foresight was equal to his judicial severity. He established registers wherein were to be inscribed the rules habitually followed in respect of the organization and work of the different corporations of artisans, the tariffs of the dues charged, in the name of the king, upon the admittance of provisions and merchandise, and the titles on which the abbots and other lords founded the privileges they enjoyed within the walls of Paris. The corporations of artisans, represented by their sworn masters or prud’hommes, appeared one after the other before the provost to make declaration of the usages in practice amongst their communities, and to have them registered in the book prepared for that purpose. This collection of regulations relating to the arts and trades of Paris in the thirteenth century, known under the name of Livre des Metiers d’Etienne Boileau, is the earliest monument of industrial statistics drawn up by the French administration, and it was inserted, for the first time in its entirety, in 1837, amongst the Collection des Documents relatifs d l’Histoire de France, published during M. Guizot’s ministry of public instruction.

      St. Louis would be but very incompletely understood if we considered him only in his political and kingly aspect; we must penetrate into his private life, and observe his personal intercourse with his family, his household, and his people, if we would properly understand and appreciate all the originality and moral worth of his character and his life. Mention has already been made of his relations towards the two queens, his mother and his wife; and, difficult as they were, they were nevertheless always exemplary. Louis was a model of conjugal fidelity, as well as of filial

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