On the 12th of March and the 13th of June, 1303, at two assemblies of barons, prelates, and legists held at the Louvre, in presence of the king, which several historians have considered to have been states- general, one of the crown's most intimate advisers, William of Plasian, proposed, against Boniface, a form of accusation which imputed to him, beyond his ambition and his claims to absolutism, crimes as improbable as they were hateful. It was demanded that the Church should be governed by a lawful pope, and the king, as defender of the faith, was pressed to appeal to the convocation of a general council. On the 24th of June, in the palace-garden, a great crowd of people assembled; and, after a sermon preached in French, the form of accusation against Boniface, and the appeal to the future council, were solemnly made public. The pope meanwhile did not remain idle; he protested against the imputations of which he was the subject. "Forty years ago," he said, "we were admitted a doctor of laws, and learned that both powers, the temporal and the spiritual, be ordained of God. Who can believe that such fatuity can have entered into our mind? But who can also deny that the king is subject unto us on the score of sin? . . . We be disposed to grant unto him every grace. . . . So long as I was cardinal, I was French in heart; since then, we have testified how we do love the king. . . . Without us, he would not have even one foot on the throne. We do know all the secrets of the kingdom. We do know how the Germans, the Burgundians, and the folks who speak the Oc tongue do love the king. If he mend not, we shall know how to chastise him, and treat him as a little boy (sicut unum garcionem), though greatly against our will." On the 13th of April, Boniface declared Philip excommunicate if he persisted in preventing the prelates from attending at Rome. Philip, being warned, effected the arrest at Troyes of the priest who was bringing the pope's letter to his legate in France. The legate took to flight. Boniface, on his side, being warned that the king was appealing against him to an approaching council, declared by a bull, on the 15th of August, that it appertained to him alone to summon a council. After this bull, there was full expectation that another would be launched, which would pronounce the deposition of the king. And a new bull was actually prepared at Rome on the 5th of September, and was to be published on the 8th. It did not expressly depose the king; it merely announced that measures would be taken more serious even than excommunication. Philip had taken his precautions. He had demanded and obtained from the great towns, churches, and universities more than seven hundred declarations of support in his appeal to the future council, and an engagement to take no notice of the decree which might be issued by the pope to release the king's subjects from their oath of allegiance. Only a few, and amongst them the Abbot of Citeaux, gave him a refusal. The order of the Templars gave only a qualified support. At the approaching advent of the new bull which was being anticipated, the king resolved to act still more roughly and speedily. Notification must be sent to the pope of the king's appeal to the future council. Philip could no longer confide this awkward business to his chancellor, Peter Flotte; for he had fallen at Courtrai, in the battle against the Flemings. William of Nogaret undertook it, at the same time obtaining from the king a sort of blank commission authorizing and ratifying in advance all that, under the circumstances, he might consider it advisable to do. Notification of the appeal had to be made to the pope at Anagni, his native town, whither he had gone for refuge, and the people of which, being zealous in his favor, had already dragged in the mud the lilies and the banner of France. Nogaret was bold, ruffianly, and clever. He repaired in haste to Florence, to the king's banker, got a plentiful supply of money, established communications in Anagni, and secured, above all, the co-operation of Sciarra Colonna, who was passionately hostile to the pope, had been formerly proscribed by him, and, having fallen into the hands of corsairs, had worked at the oar for them during many a year rather than reveal his name and be sold to Boniface Gaetani. On the 7th of September, 1303, Colonna and his associates introduced Nogaret and his following into Anagni, with shouts of "Death to Pope Boniface! Long live the King of France!" The populace, dumbfounded, remained motionless. The pope, deserted by all, even by his own nephew, tried to touch the heart of Colonna himself, whose only answer was a summons to abdicate, and to surrender at discretion. "Those be hard words," said Boniface, and burst into tears. But this old man, seventy-five years of age, had a proud spirit, and a dignity worthy of his rank. "Betrayed, like Jesus," said he, "shall I die; but I will die pope." He donned the cloak of St. Peter, put the crown of Constantine upon his head, took in his hands the keys and the cross, and, as his enemies drew nigh, he said to them, "Here is my neck, and here is my head." There is a tradition, of considerable trustworthiness, that Sciarra Colonna would have killed him, and did with his mailed hand strike him in the face. Nogaret, however, prevented the murder, and confined himself to saying, "Thou caitiff pope, confess, and behold the goodness of my lord, the King of France, who, though so far away from thee in his own kingdom, both watcheth over and defendeth thee by my hand." "Thou art of heretic family," answered the pope: "at thy hands I look for martyrdom."



The captivity of Boniface VIII., however, lasted only three days; for the people of Anagni, having recovered themselves, and seeing the scanty numbers of the foreigners, rose and delivered the pope. The old man was conducted to the public square, crying like a child. "Good folks," said he to the crowd around him, "ye have seen that mine enemies have robbed me of all my goods and those of the Church. Behold me here as poor as Job. Nought have I either to eat or drink. If there be any good woman who would give me an alms of wine and bread, I would bestow upon her God's blessing and mine." All the people began to shout, "Long live the Holy Father!" He was reconducted into his palace: "and women thronged together thither, bringing him bread, wine, and water. Finding no proper vessels, they poured them into a chest. . . . Any one who liked went in, and talked with the pope, as with any other beggar." So soon as the agitation was somewhat abated, Boniface set out for Rome, with a great crowd following him; but he was broken down in spirit and body. Scarcely had he arrived when he fell into a burning fever, which traditions, probably invented and spread by his enemies, have represented as a fit of mad rage. He died on the 11th of October, 1303, without having recovered his reason. It is reported that his predecessor, Celestine V., had said of him, "Thou risest like a fox; thou wilt rule like a lion, and die like a dog." The last expression was unjustified. Boniface VIII. was a fanatic, ambitious, proud, violent, and crafty, but with sincerity at the bottom of his prejudiced ideas, and stubborn and blind in his fits of temper: his death was that of an old lion at bay.

We were bound to get a good idea and understanding of this violent struggle between the two sovereigns of France and Rome, not only because of its dramatic interest, but because it marks an important period in the history of the papacy and its relations with foreign governments. From the tenth century and the accession of the Capetians the policy of the Holy See had been enterprising, bold, full of initiative, often even aggressive, and more often than not successful in the prosecution of its designs. Under Innocent III. it had attained the apogee of its strength and fortune. At that point its motion forward and upward came to a stop. Boniface had not the wit to recognize the changes which had taken place in European communities, and the decided progress which had been made by laic influences and civil powers. He was a stubborn preacher of maxims he could no longer practise. He was beaten in his enterprise; and the papacy, even on recovering from his defeat, found itself no longer what it had been before him. Starting from the fourteenth century we find no second Gregory VII., or Innocent III. Without expressly abandoning their principles, the policy of the Holy See became essentially defensive and conservative, more occupied in the maintenance than the aggrandizement of itself, and sometimes even more stationary and stagnant than was required by necessity or recommended by foresight. The posture assumed and the conduct adopted by the earliest successors of Boniface VIII. showed how far the situation of the papacy was altered, and how deep had been the penetration of the stab which, in this conflict between the two aspirants to absolute power, Philip the Handsome had inflicted on his rival.

On the 22d of October, 1303, eleven days after the death of Boniface VIII., Benedict XI., son of a simple shepherd, was elected at Rome to succeed him. Philip the Handsome at once sent his congratulations, but by William of Plasian, who had lately been the accuser of Boniface, and who was charged to hand to the new pope, on the king's behalf, a very bitter memorandum touching his predecessor. Philip at the same time caused an address to be presented to himself in his own kingdom and in the vulgar tongue, called a supplication from the people of France to the King against Boniface. Benedict XI. exerted himself to give satisfaction to the conqueror; he declared the Colonnas absolved; he released the barons and prelates of France from the excommunications pronounced against them; and he himself wrote to the king to say that he would behave towards him as the good shepherd in the parable, who leaves ninety and nine sheep to go after one that is lost. Nogaret and the direct authors of the assault at Anagni were alone excepted from this amnesty. The pope reserved for a future occasion the announcement of their absolution, when he should consider it expedient. But on the 7th of June, 1304, instead of absolving them, he launched a fresh bull of excommunication against "certain wicked men who had dared to commit a hateful crime against a person of good memory, Pope Boniface." A month after this bull Benedict XI. was dead. It is related that a young woman had put before him at table a basket of fresh figs, of which he had eaten and which had poisoned him. The chroniclers of the time impute this crime to William of Nogaret, to the Colonnas, and to their associates at Anagni; a single one names King Philip. Popular credulity is great in matters of poisoning; but one thing is certain, namely, that no prosecution was ordered. There is no proof of Philip's complicity; but, full as he was of hatred and dissimulation, he was of those who do their best to profit by crimes which they have not ordered. It is clear that such a pope as Benedict XI. would not do either for his passions or his purposes.

He found one, however, from whom he flattered himself, not without reason, that he would get more complete and efficient co-operation. The cardinals, after being assembled in conclave for six months at Perouse, were unable to arrive at an agreement about a choice of pope. As a way out of their embarrassment, they entered into a secret convention to the effect that one of them, a confidant of Philip the Handsome, should make known to him that the Archbishop of Bordeaux, Bertrand de Goth, was the candidate in respect of whom they could agree. He was a subject of the King of England and a late favorite of Boniface VIII., who had raised him from the bishopric of Comminges to the archbishopric of Bordeaux. He was regarded as an enemy of France; but Philip knew what may be done with an ambitious man, whose fortune is only half made, by offering to advance him to his highest point. He, therefore, appointed a meeting with the archbishop. "Hearken," said he: "I have in my grasp wherewithal to make thee pope if I please; and provided that thou promise me to do six things I demand of thee, I will confer upon thee that honor; and to prove to thee that I have the power, here be letters and advices I have received from Rome." After having heard and read, "the Gascon, overcome with joy," says the contemporary historian Villani, "threw himself at the king's feet, saying, 'My lord, now know I that thou art my best friend, and that thou wouldest render me good for evil. It is for thee to command and for me to obey: such will ever be my disposition.'" Philip then set before him his six demands, amongst which there were only two which could have caused the archbishop any uneasiness. The fourth purported that he should condemn the memory of Pope Boniface. "The sixth, which is important and secret, I keep to myself," said Philip, "to make known to thee in due time and place." The archbishop bound himself by oath taken on the sacred host to accomplish the wishes of the king, to whom, furthermore, he gave as hostages his brother and his two nephews. Six weeks after this interview, on the 5th of June, 1305, Bertrand de Goth was elected pope, under the name of Clement V.

It was not long before he gave the king the most certain pledge of his docility. After having held his pontifical court at Bordeaux and Poitiers he declared that he would fix his residence in France, in the county of Venaissin, at Avignon, a territory which Philip the Bold had remitted to Pope Gregory X. in execution of a deed of gift from Raymond VII., Count of Toulouse. It was renouncing, in fact, if not in law, the practical independence of the papacy to thus place it in the midst of the dominions and under the very thumb of the King of France. "I know the Gaseous," said the old Italian Cardinal Matthew Rosso, dean of the Sacred College, when he heard of this resolution; "it will be long ere the Church comes back to Italy." And, indeed, it was not until sixty years afterwards, under Pope Gregory XI., that Italy regained possession of the Holy See; and historians called this long absence the Babylonish captivity. Philip lost no time in profiting by his propinquity to make the full weight of his power felt by Clement V. He claimed from him the fulfilment of the fourth promise Bertrand de Goth had made in order to become pope, which was the condemnation of Boniface VIII.; and he revealed to him the sixth, that "important and secret one which he kept to himself to make known to him in clue time and place;" and it was the persecution and abolition of the order of the Templars. The pontificate of Clement V. at Avignon was, for him, a nine years' painful effort, at one time to elude and at another to accomplish, against the grain, the heavy engagements he had incurred towards the king.

He found the condemnation of Boniface VIII. rather an embarrassment than a danger. He shrank, on becoming pope, from condemning the pope his predecessor, who had appointed him archbishop and cardinal. Instead of an official condemnation, he offered the king satisfaction in various ways. It was only from headstrong pride and to cloak himself in the eyes of his subjects that Philip clung to the condemnation of the memory of Boniface; and, after a long period of mutual tergiversation, it was agreed in the end to let bygones be bygones. The principal promoter of the assault at Anagni, William of Nogaret, was the sole exception to the amnesty; and the pope imposed upon him, by way of penance, merely the obligation of making a pilgrimage to the Holy Land, which he never fulfilled. On the contrary he remained, in great favor, about the person of King Philip, who made him his chancellor, and gave him, in Languedoc, some rich lands, amongst others those of Calvisson, Massillargues, and Manduel. For Philip knew how to liberally reward and faithfully support his servants.

And he knew still better how to persecute and ruin his foes. He had no reason, of a public kind, to consider the Templars his enemies. It is true that they had given him a merely qualified support on his appeal to the council against Boniface VIII.; but, both before and after that occurrence, Philip had shown them marks of the most friendly regard. He had asked to be affiliated to their order; and he had borrowed their money. During a violent outbreak of the populace at Paris, in 1306, on the occasion of a fresh tax, he had sought and found a refuge in the very palace of the Temple, where the chapters-general were held and where its treasures were kept. It is said that the sight of these treasures kindled the longings of Philip, and his ardent desire to get hold of them. At the time of the formation of the order, in 1119, after the first crusade, the Templars were far from being rich. Nine knights had joined together to protect the arrival and sojourning of pilgrims in Palestine; and Baldwin II., the third Christian King of Jerusalem, had given them a lodging in his own palace, to the east of Solomon's temple, whence they had assumed the name of "Poor United Champions of Christ and the Temple." Their valor and pious devotion had soon rendered them famous in the West as well as the East; and St. Bernard had commended them to the Christian world. At the council of Troyes, in 1123, Pope Honorius II. had recognized their order, and regulated their dress, a white mantle, on which Pope Eugenius III. placed a red cross. In 1172 the rules of the order were drawn up in seventy-two articles, and the Templars began to exempt themselves from the jurisdiction of the patriarch of Jerusalem, recognizing that of the pope only. Their number and their importance rapidly increased. In 1130 the Emperor Lothaire II. gave them lands in the Duchy of Brunswick. They received other gifts in the Low Countries, in Spain, and in Portugal. After a voyage to the West, Hugh des Payens, the chief of the nine Templars, returned to the East with three hundred knights enlisted in his order; and a hundred and fifty years after its foundation the order of the Temple, divided into fourteen or fifteen provinces,—four in the East and ten or eleven in the West,—numbered, it is said, eighteen or twenty thousand knights, mostly French, and nine thousand commanderies or territorial benefices, the revenue of which is calculated at fifty-four millions of francs (about ten and a half million dollars). It was an army of monks, once poor men and hard-working soldiers, but now rich and idle, and abandoned to all the temptations of riches and idleness. There was still some fine talk about Jerusalem, pilgrims, and crusades. The popes still kept these words prominent, either to distract the Western Christians from intestine quarrels, or to really promote some new Christian effort in the East. The Isle of Cyprus was still a small Christian kingdom, and the warrior- monks, who were vowed to the defence of Christendom in the East, the Templars and the Hospitallers, had still in Palestine, Syria, Armenia, and the adjacent lands, certain battles to fight and certain services to render to the Christian cause. But these were events too petty and too transitory to give serious employment to the two great religious and military orders, whose riches and fame were far beyond the proportions of their public usefulness and their real strength; a position fraught with perils for them, for it inspired the sovereign powers of the state with the spirit rather of jealousy than fear of them.

In 1303 the king and the pope simultaneously summoned from Cyprus to France the Grand Master of the Templars, James do Molay, a Burgundian nobleman, who had entered the order when he was almost a child, had valiantly fought the infidels in the East, and fourteen years ago had been unanimously elected Grand Master. For several months he was well treated, to all appearance, by the two monarchs. Philip said he wished to discuss with him a new plan of crusade, and asked him to stand godfather to one of his children; and Molay was pall-bearer at the burial of the king's sister-in-law. Meanwhile the most sinister reports, the gravest imputations, were bruited abroad against the Templars; they were accused "of things distasteful, deplorable, horrible to think on, horrible to hear, of betraying Christendom for the profit of the infidels, of secretly denying the faith, of spitting upon the cross, of abandoning themselves to idolatrous practices and the most licentious lives." In 1307, in the month of October, Philip the Handsome and Clement V. had met at Poitiers; and the king asked the pope to authorize an inquiry touching the Templars and the accusations made against them. James de Molay was forthwith arrested at Paris with a hundred and forty of his knights; sixty met the same fate at Beaucaire; many others all over France; and their property was put in the king's keeping for the service of the Holy Land. On the 12th of August, 1308, a papal bull appointed a grand commission of inquiry charged to conduct, at Paris, an examination of the matter "according as the law requires." The Archbishops of Canterbury in England and of Mayence, Cologne, and Troves in Germany, were also named commissioners, and the pope announced that he would deliver his judgment within two years, at a general council held at Vienne, in Dauphiny, territory of the Empire. Twenty-six princes and laic lords, the Dukes of Burgundy and Brittany, the Counts of Flanders, Nevers, and Auxerre, and the Count of Talleyrand de Perigord, offered themselves as the Templars' accusers, and gave powers of attorney to act in their names. On the 22d of November, 1309, the Grand Master, Molay, was, called before the commission. At first he firmly denied all that his order had been accused of; afterwards he became confused and embarrassed, said that he had not the ability to undertake the defence of his order, that he was but a poor, unlettered knight, that the pope had reserved to himself the decision in the case, and that, for his part, he only wished the pope would summon him as soon as possible before him. On the 28th of March, 1310, five hundred and forty-six knights, who had declared their readiness to defend their order, appeared before the commission; and they were called upon to choose proctors to speak in their name. We ought also, then," said they, "to have been tortured by proxy only." The prisoners were treated with the uttermost rigor and reduced to the most wretched plight: "out of their poor pay of twelve deniers per diem they were obliged to pay for their passage by water to go and submit to their examination in the city, and to give money besides to the man who undid and riveted their fetters." In October, 1310, at a council held at Paris, a large number of Templars were examined, several acquitted, some subjected to special penances, and fifty-four condemned as heretics to the stake, and burned the same day in a field close to the abbey of St. Anthony; and nine others met the same fate at the hands of a council held at Senlis the same year: "They confessed under their tortures," says Bossuet, "but they denied at their execution." The business dragged slowly on; different decisions were pronounced, according to the place of decision; the Templars were pronounced innocent, on the 17th of June, 1310, at Ravenna, on the 1st of July at Mayence, and on the 21st of October at Salamanca; and in Aragon they made a successful resistance. Europe began to be wearied at the uncertainty of such judgments and at the sight of such horrible spectacles; and Clement V. felt some shame at thus persecuting monks who, on more than one occasion, had shown devotion to the Holy See.

But Philip the Handsome had attained his end: he was in possession of the Templars' riches. On the 11th of June, 1311, the commission of inquiry terminated its sittings, and the report of its labors concluded as follows: "For further precaution, we have deposited the said procedure, drawn up by notaries in authentic form, in the treasury of Notre-Dame, at Paris, to be shown to none without special letters from Your Holiness." The council-general, announced in 1308 by the pope, to decide definitively upon this great case, was actually opened at Vienne, in October, 1311; more than three hundred bishops assembled; and nine Templars presented themselves for the defence of their order, saying that there were at Lyons, or in the neighborhood, fifteen hundred or two thousand of their brethren, ready to support them. The pope had the nine defenders arrested, adjourned the decision once more, and, on the 22d of March in the following year, at a mere secret consistory, made up of the most docile bishops and a few cardinals, pronounced, solely on his pontifical authority, the abolition of the order of the Temple: and it was subsequently proclaimed officially, on the 3d of April, 1312, in presence of the king and the council. And not a soul protested.

The Grand Master, James de Molay, in confinement at Gisors, survived his order. The pope had reserved to himself the task of trying him; but, disgusted with the work, he committed the trial to ecclesiastical commissioners assembled at Paris, before whom Molay was brought, together with three of the principal leaders of the Temple, survivors like himself. They had read over to them, from a scaffold erected in the forecourt of Notre-Dame, the confessions they had made, but lately, under torture, and it was announced to them that they were sentenced to perpetual imprisonment. Remorse had restored to the Grand Master all his courage; he interrupted the reading, and disavowed his avowals, protesting that torture alone had made him speak so falsely, and maintaining that

"Of his grand order nought he wist 'Gainst honor and the laws of Christ."

One of his three comrades in misfortune, the commander of Normandy, made aloud a similar disavowal. The embarrassed judges sent the two Templars back to the provost of Paris, and put off their decision to the following day; but Philip the Handsome, without waiting for the morrow, and without consulting the judges, ordered the two Templars to be burned the same evening, March 11, 1314, at the hour of vespers, in Ile-de-la-Cite, on the site of the present Place Dauphine. A poet-chronicler, Godfrey of Paris, who was a witness of the scene, thus describes it: "The Grand Master, seeing the fire prepared, stripped himself briskly; I tell just as I saw; he bared himself to his shirt, light-heartedly and with a good grace, without a whit of trembling, though he was dragged and shaken mightily. They took hold of him to tie him to the stake, and they were binding his hands with a cord, but he said to them, 'Sirs, suffer me to fold my hands a while, and make my prayer to God, for verily it is time. I am presently to die; but wrongfully, God wot. Wherefore woe will come, ere long, to those who condemn us without a cause. God will avenge our death.'"

It was probably owing to these last words that there arose a popular rumor, soon spread abroad, that James de Molay, at his death, had cited the pope and the king to appear with him, the former at the end of forty days, and the latter within a year, before the judgment-seat of God. Events gave a sanction to the legend: for Clement V. actually died on the 20th of April, 1314, and Philip the Handsome on the 29th of November, 1314, the pope, undoubtedly, uneasy at the servile acquiescence he had shown towards the king, and the king expressing some sorrow for his greed and for the imposts (maltote, maletolta, or black mail) with which he had burdened his people.

In excessive and arbitrary imposts, indeed, consisted the chief grievance for which France, in the fourteenth century, had to complain of Philip the Handsome; and, probably, it was the only wrong for which he upbraided himself. Being badly wounded, out hunting, by a wild boar, and perceiving himself to be in bad case, he gave orders for his removal to Fontainebleau, and there, says Godfrey of Paris, the poet-chronicler just quoted in reference to the execution of the Templars, "he said and commanded that his children, his brothers, and his other friends should be sent for. They were no long time in coming; they entered Fontainebleau, into the chamber where the king was, and where there was very little light. So soon as they were there, they asked him how he was, and he answered, 'Ill in body and in soul; if our Lady the Virgin save me not by her prayers, I see that death will seize me here; I have put on so many talliages, and laid hands on so much riches, that I shall never be absolved. Sirs, I know that I am in such estate that I shall die, methinks, to-night, for I suffer grievous hurt from the curses which pursue me: there will be no fine tales to be told of me.'" Philip's anxiety about his memory was not without foundation; his greed is the vice which has clung to his name; not only did he load his subjects with poll taxes and other taxes unauthorized by law and the traditions of the feudal system; not only was he unjust and cruel towards the Templars in order to appropriate their riches; but he committed, over and over again, that kind of spoliation which imports most trouble into the general life of a people; he debased the coinage so often and to such an extent, that he was everywhere called "the base coiner." This was a financial process of which none of his predecessors, neither St. Louis nor Philip Augustus, had set him an example, though they had quite as many costly wars and expeditions to keep up as he had. Some chroniclers of the fourteenth century say that Philip the Handsome was particularly munificent and lavish towards his family and his servants; but it is difficult to meet with any precise proof of this allegation, and we must impute the financial difficulties of Philip the Hand-some to his natural greed, and to the secret expenses entailed upon him by his policy of dissimulation and hatred, rather than to his lavish generosity. As he was no stranger to the spirit of order in his own affairs, he tried, towards the end of his reign, to obtain an exact account of his finances. His chief adviser, Enguerrand de Marigny, became his superintendent-general, and on the 19th of January, 1311, at the close of a grand council held at Poissy, Philip passed an ordinance which established, under the headings of expenses and receipts, two distinct tables and treasuries, one for ordinary expenses, the civil list, and the payment of the great bodies of the state, incomes, pensions, &c., and the other for extraordinary expenses. The ordinary expenses were estimated at one hundred and seventy-seven thousand five hunded livres of Tours, that is, according to M. Boutaric, who published this ordinance, fifteen million nine hundred thousand francs (about three million eighty-four thousand dollars). Numerous articles regulated the execution of the measure; and the royal treasurers took an oath not to reveal, within two years, the state of their receipts, save to Enguerrand de Marigny, or by order of the king himself. This first budget of the French monarchy dropped out of sight after the death of Philip the Handsome, in the reaction which took place against his government. "God forgive him his sins," says Godfrey of Paris, "for in the time of his reign great loss came to France, and there was small regret for him." The general history of France has been more indulgent towards Philip the Handsome than his contemporaries were; it has expressed its acknowledgments to him for the progress made, under his sway, by the particular and permanent characteristics of civilization in France. The kingly domain received in the Pyrenees, in Aquitaine, in Franche-Comte, and in Flanders territorial increments which extended national unity. The legislative power of the king penetrated into and secured footing in the lands of his vassals. The scattered semi-sovereigns of feudal society bowed down before the incontestable pre-eminence of the kingship, which gained the victory in its struggle against the papacy. Far be it from us to attach no importance to the intervention of the deputies of the communes in the states-general of 1302, on the occasion of that struggle: it was certainly homage paid to the nascent existence of the third estate; but it is puerile to consider that homage as a real step towards public liberties and constitutional government. The burghers of 1302 did not dream of such a thing; Philip, knowing that their feelings were, in this instance, in accordance with his own, summoned them in order to use their co-operation as a useful appendage for himself, and absolute kingship gained more strength by the co-operation than the third estate acquired influence. The general constitution of the judiciary power, as delegated from the kingship, the creation of several classes of magistrates devoted to this great social function, and, especially, the strong organization and the permanence of the parliament of Paris, were far more important progressions in the development of civil order and society in France. But it was to the advantage of absolute power that all these facts were turned, and the perverted ability of Philip the Handsome consisted in working them for that single end. He was a profound egotist; he mingled with his imperiousness the leaven of craft and patience, but he was quite a stranger to the two principles which constitute the morality of governments, respect for rights and patriotic sympathy with public sentiment; he concerned himself about nothing but his own position, his own passions, his own wishes, or his own fancies. And this is the radical vice of absolute power. Philip the Handsome is one of the kings of France who have most contributed to stamp upon the kingship in France this lamentable characteristic, from which France has suffered so much, even in the midst of her glories, and which, in our time, was so grievously atoned for by the kingship itself when it no longer deserved the reproach.

Philip the Handsome left three sons, Louis X., called le Hutin (the Quarreller), Philip V., called the Long, and Charles IV., called the Handsome, who, between them, occupied the throne only thirteen years and ten months. Not one of them distinguished himself by his personal merits; and the events of the three reigns hold scarcely a higher place in history than the actions of the three kings do. Shortly before the death of Philip the Handsome, his greedy despotism had already excited amongst the people such lively discontent that several leagues were formed in Champagne, Burgundy, Artois, and Beauvaisis, to resist him; and the members of these leagues, "nobles and commoners," say the accounts, engaged to give one another mutual support in their resistance, "at their own cost and charges." After the death of Philip the Handsome, the opposition made head more extensively and effectually; and it produced two results: ten ordinances of Louis the Quarreller for redressing the grievances of the feudal aristocracy, for one; and, for the other, the trial and condemnation of Enguerrand de Marigny "coadjutor and rector of the kingdom" under Philip the Hand-some. Marigny, at the death of the king his master, had against him, rightly or wrongly, popular clamor and feudal hostility, especially that of Charles of Valois, Philip the Handsome's brother, who acted as leader of the barons. "What has become of all those subsidies, and all those sums produced by so much tampering with the coinage? "asked the new king one day in council. "Sir," said Prince Charles, "it was Marigny who had the administration of everything; and it is for him to render an account." "I am quite ready," said Marigny. "This moment, then," said the prince. "Most willingly, my lord: I gave a great portion to you." "You lie!" cried Charles. "Nay, you, by God!" replied Marigny. The prince drew his sword, and Marigny was on the point of doing the same. The quarrel was, however, stifled for the moment; but, shortly afterwards, Marigny was accused, condemned by a commission assembled at Vincennes, and hanged on the gibbet of Montfaucon which he himself, it is said, had set up. He walked to execution with head erect, saying to the crowd, "Good folks, pray for me." Some months afterwards, the young king, who had indorsed the sentence reluctantly, since he did not well know, between his father's brother and minister, which of the two was guilty, left by will a handsome legacy to Marigny's widow "in consideration of the great misfortune which had befallen her and hers;" and Charles of Valois himself, falling into a decline, and considering himself stricken by the hand of God "as a punishment for the trial of Enguerrand de Marigny," had liberal alms distributed to the poor with this injunction: "Pray God for Euguerrand de Marigny and for the Count of Valois." None can tell, after this lapse of time, whether this remorse proceeded from weakness of mind or sincerity of heart, and which of the two personages was really guilty; but, ages afterwards, such is the effect of blind, popular clamor and unrighteous judicial proceedings, that the condemned lives in history as a victim and all but a guileless being.



Whilst the feudal aristocracy was thus avenging itself of kingly tyranny, the spirit of Christianity was noiselessly pursuing its work, the general enfranchisement of men. Louis the Quarreller had to keep up the war with Flanders, which was continually being renewed; and in order to find, without hateful exactions, the necessary funds, he was advised to offer freedom to the serfs of his domains. Accordingly he issued, on the 3d of July, 1315, an edict to the following effect: "Whereas, according to natural right, every one should be born free, and whereas, by certain customs which, from long age, have been introduced into and preserved to this day in our kingdom . . . many persons amongst our common people have fallen into the bonds of slavery, which much displeaseth us; we, considering that our kingdom is called and named the kingdom of the Free (Franks), and willing that the matter should in verity accord with the name . . . have by our grand council decreed and do decree that generally throughout our whole kingdom . . . such serfdoms be redeemed to freedom, on fair and suitable conditions . . . and we will, likewise, that all other lords who have body-men (or serfs) do take example by us to bring them to freedom." Great credit has very properly been given to Louis the Quarreller for this edict; but it has not been sufficiently noticed that Philip the Handsome had himself set his sons the example, for, on confirming the enfranchisement granted by his brother Charles to the serfs in the countship of Valois, he had based his decree on the following grounds: "Seeing that every human being, which is made in the image of Our Lord, should generally be free by natural right." The history of Christian communities is full of these happy inconsistencies; when a moral and just principle is implanted in the soul, absolute power itself does not completely escape from its healthy influence, and the good makes its way athwart the evil, just as a source of fresh and pure water ceases not to flow through and spread over a land wasted by the crimes or follies of men.

It is desirable to give an idea and an example of the conduct which was already beginning to be adopted and of the authority which was already beginning to be exercised in France, amidst the feudal reaction that set in against Philip the Handsome and amidst the feeble government of his sons, by that magistracy, of such recent and petty origin, which was called upon to defend, in the king's name, order and justice against the count-less anarchical tyrannies scattered over the national territory. During the early years of the fifteenth century, a lord of Gascony, Jordan de Lisle, "of most noble origin, but most ignoble deeds," says a contemporary chronicler, "abandoned himself to all manner of irregularities and crimes." Confident in his strength and his connections,—for Pope John XXII. had given his niece to him in marriage,—"he committed homicides, entertained evil-doers and murderers, countenanced robbers, and rose against the king. He killed, with the man's own truncheon, one of the king's servants who was wearing the royal livery according to the custom of the royal servants. When his misdeeds were known, he was summoned for trial to Paris; and he went thither surrounded by a stately retinue of counts, nobles, and barons of Aquitaine. He was confined, at first, in the prison of Chatelet; and when a hearing had been accorded to his reply and to what he alleged in his defence against the crimes of which he was accused, he was finally pronounced worthy of death by the doctors of the parliament, and on Trinity-eve he was dragged at the tail of horses and hanged, as he deserved, on the public gallows at Paris." It was, assuredly, a difficult and a dangerous task for the obscure members of this parliament, scarcely organized as it was and quite lately established for a permanence in Paris, to put down such disorders and such men. In the course of its long career the French magistracy has committed many faults; it has more than once either aspired to overstep its proper limits or failed to fulfil all its duties; but history would be ungrateful and untruthful not to bring into the light the virtues this body has displayed from its humble cradle, and the services it has rendered to France, to her security at home, to her moral dignity, to her intellectual glory, and to the progress of her civilization with all its brilliancy and productiveness, though it is still so imperfect and so thwarted.

Another fact which has held an important place in the history of France, and exercised a great influence over her destinies, likewise dates from this period; and that is the exclusion of women from the succession to the throne, by virtue of an article, ill understood, of the Salic law. The ancient law of the Salian Franks, drawn up, probably, in the seventh century, had no statute at all touching this grave question; the article relied upon was merely a regulation of civil law prescribing that "no portion of really Salic land (that is to say, in the full territorial ownership of the head of the family) should pass into the possession of women, but it should belong altogether to the virile sex." From the time of Hugh Capet heirs male had never been wanting to the crown, and the succession in the male line had been a fact uninterrupted indeed, but not due to prescription or law. Louis the Quarreller, at his death, on the 5th of June, 1316, left only a daughter, but his second wife, Queen Clemence, was pregnant. As soon as Philip the Long, then Count of Poitiers, heard of his brother's death, he hurried to Paris, assembled a certain number of barons, and got them to decide that he, if the queen should be delivered of a son, should be regent of the kingdom for eighteen years; but that if she should bear a daughter he should immediately take possession of the crown. On the 15th of November, 1316, the queen gave birth to a son, who was named John, and who figures as John I. in the series of French kings; but the child died at the end of five days, and on the 6th of January, 1317, Philip the Long was crowned king at Rheims. He forthwith summoned—there is no knowing exactly where and in what numbers—the clergy, barons, and third estate, who declared, on the 2d of February, that "the laws and customs, inviolably observed among the Franks, excluded daughters from the crown." There was no doubt about the fact; but the law was not established, nor even in conformity with the entire feudal system or with general opinion. And "thus the kingdom went," says Froissart, "as seemeth to many folks, out of the right line." But the measure was evidently wise and salutary for France as well as for the king-ship; and it was renewed, after Philip the Long died on the 3d of January, 1322, and left daughters only, in favor of his brother Charles the Handsome, who died, in his turn, on the 1st of January, 1328, and likewise left daughters only. The question as to the succession to the throne then lay between the male line represented by Philip, Count of Valois, grandson of Philip the Bold through Charles of Valois, his father, and the female line represented by Edward III., King of England, grandson, through his mother, Isabel, sister of the late King Charles the Handsome, of Philip the Handsome. A war of more than a century's duration between France and England was the result of this lamentable rivalry, which all but put the kingdom of France under an English king; but France was saved by the stubborn resistance of the national spirit and by Joan of Arc, inspired by God. One hundred and twenty-eight years after the triumph of the national cause, and four years after the accession of Henry IV., which was still disputed by the League, a decree of the parliament of Paris, dated the 28th of June, 1593, maintained, against the pretensions of Spain, the authority of the Salic law, and on the 1st of October, 1789, a decree of the National Assembly, in conformity with the formal and unanimous wish of the memorials drawn up by the states-general, gave a fresh sanction to that principle, which, confining the heredity of the crown to the male line, had been salvation to the unity and nationality of the monarchy in France.



CHAPTER XIX.——THE COMMUNES AND THE THIRD ESTATE.

The history of the Merovingians is that of barbarians invading Gaul and settling upon the ruins of the Roman empire. The history of the Carlovingians is that of the greatest of the barbarians taking upon himself to resuscitate the Roman empire, and of Charlemagne's descendants disputing amongst themselves for the fragments of his fabric, as fragile as it was grand. Amidst this vast chaos and upon this double ruin was formed the feudal system, which by transformation after transformation became ultimately France. Hugh Capet, one of its chieftains, made himself its king. The Capetians achieved the French kingship. We have traced its character and progressive development from the eleventh to the fourteenth century, through the reigns of Louis the Fat, of Philip Augustus, of St. Louis, and of Philip the Handsome, princes very diverse and very unequal in merit, but all of them able and energetic. This period was likewise the cradle of the French nation. That was the time when it began to exhibit itself in its different elements, and to arise under monarchical rule from the midst of the feudal system. Its earliest features and its earliest efforts in the long and laborious work of its development are now to be set before the reader's eyes.

The two words inscribed at the head of this chapter, the Communes and the Third-Estate, are verbal expressions for the two great facts at that time revealing that the French nation was in labor of formation. Closely connected one with the other and tending towards the same end, these two facts are, nevertheless, very diverse, and even when they have not been confounded, they have not been with sufficient clearness distinguished and characterized, each of them apart. They are diverse both in their chronological date and their social importance. The Communes are the first to appear in history. They appear there as local facts, isolated one from another, often very different in point of origin, though analogous in their aim, and in every case neither assuming nor pretending to assume any place in the government of the state. Local interests and rights, the special affairs of certain populations agglomerated in certain spots, are the only objects, the only province of the communes. With this purely municipal and individual character they come to their birth, their confirmation, and their development from the eleventh to the fourteenth century; and at the end of two centuries they enter upon their decline, they occupy far less room and make far less noise in history. It is exactly then that the Third Estate comes to the front, and uplifts itself as a general fact, a national element, a political power. It is the successor, not the contemporary, of the Communes; they contributed much towards, but did not suffice for its formation; it drew upon other resources, and was developed under other influences than those which gave existence to the communes. It has subsisted, it has gone on growing throughout the whole course of French history; and at the end of five centuries, in 1789, when the Communes had for a long while sunk into languishment and political insignificance, at the moment at which France was electing her Constituent Assembly, the Abbe Sicyes, a man of powerful rather than scrupulous mind, could say, "What is the Third Estate? Everything. What has it hitherto been in the body politic? Nothing. What does it demand? To be something."

These words contain three grave errors. In the course of government anterior to 1789, so far was the third estate from being nothing, that it had been every day becoming greater and stronger. What was demanded for it in 1789 by M. Sicyes and his friends was not that it might become something, but that it should be everything. That was a desire beyond its right and its strength; and the very Revolution, which was its own victory, proved this. Whatever may have been the weaknesses and faults of its foes, the third estate had a terrible struggle to conquer them; and the struggle was so violent and so obstinate that the third estate was broken up therein, and had to pay dearly for its triumph. At first it obtained thereby despotism instead of liberty; and when liberty returned, the third estate found itself confronted by twofold hostility, that of its foes under the old regimen and that of the absolute democracy which claimed in its turn to be everything. Outrageous claims bring about in-tractable opposition and excite unbridled ambition. What there was in the words of the Abbe Sicyes in 1789 was not the verity of history; it was a lying programme of revolution.

We have anticipated dates in order to properly characterize and explain the facts as they present themselves, by giving a glimpse of their scope and their attainment. Now that we have clearly marked the profound difference between the third estate and the communes, we will return to the communes alone, which had the priority in respect of time. We will trace the origin and the composition of the third estate, when we reach the period at which it became one of the great performers in the history of France by reason of the place it assumed and the part it played in the states-general of the kingdom.

In dealing with the formation of the communes from the eleventh to the fourteenth century, the majority of the French historians, even M. Thierry, the most original and clear-sighted of them all, often entitle this event the communal revolution. This expression hardly gives a correct idea of the fact to which it is applied. The word revolution, in the sense, or at least the aspect, given to it amongst us by contemporary events, points to the overthrow of a certain regimen, and of the ideas and authority predominant thereunder, and the systematic elevation in their stead of a regimen essentially different in principle, and in fact. The revolutions of our day substitute, or would fain substitute, a republic for a monarchy, democracy for aristocracy, political liberty for absolute power. The struggles which from the eleventh to the fourteenth century gave existence to so many communes had no such profound character; the populations did not pretend to any fundamental overthrow of the regimen they attacked; they conspired together, they swore together, as the phrase is according to the documents of the time—they rose to extricate themselves from the outrageous oppression and misery they were enduring, but not to abolish feudal sovereignty and to change the personality of their masters. When they succeeded they obtained those treaties of peace called charters, which brought about in the condition of the insurgents salutary changes accompanied by more or less effectual guarantees. When they failed or when the charters were violated, the result was violent reactions, mutual excesses; the relations between the populations and their lords were tempestuous and full of vicissitudes; but at bottom neither the political regimen nor the social system of the communes was altered. And so there were, at many spots without any connection between them, local revolts and civil wars, but no communal revolution.

One of the earliest facts of this kind which have been set forth with some detail in history clearly shows their primitive character; a fact the more remarkable in that the revolt described by the chroniclers originated and ran its course in the country among peasants with a view of recovering complete independence, and not amongst an urban population with a view of resulting in the erection of a commune. Towards the end of the tenth century, under Richard II., Duke of Normandy, called the Good, and whilst the good King Robert was reigning in France, "In several countships of Normandy," says William of Jumiege, "all the peasants, assembling in their conventicles, resolved to live according to their inclinations and their own laws, as well in the interior of the forests as along the rivers, and to reck nought of any established right. To carry out this purpose these mobs of madmen chose each two deputies, who were to form at some central point an assembly charged to see to the execution of their decrees. As soon as the duke (Richard II.) was informed thereof, he sent a large body of men-at-arms to repress this audaciousness of the country districts and to scatter this rustic assemblage. In execution of his orders, the deputies of the peasants and many other rebels were forthwith arrested, their feet and hands were cut off, and they were sent away thus mutilated to their homes, in order to deter their like from such enterprises, and to make them wiser, for fear of worse. After this experience the peasants left off their meetings and returned to their ploughs."



It was about eighty years after the event when the monk William of Jumiege told the story of this insurrection of peasants so long anterior, and yet so similar to that which more than three centuries afterwards broke out in nearly the whole of Northern. France, and which was called the Jacquery. Less than a century after William of Jumiege, a Norman poet, Robert Wace, told the same story in his Romance of Rou, a history in verse of Rollo and the first dukes of Normandy: "The lords do us nought but ill," he makes the Norman peasants say: with them we have nor gain nor profit from our labors; every day is for us a day of suffering, of travail, and of fatigue; every day our beasts are taken from us for forced labor and services . . . why put up with all this evil, and why not get quit of travail? Are not we men even as they are? Have we not the same stature, the same limbs, the same strength—for suffering? Bind we ourselves by oath; swear we to aid one another; and if they be minded to make war on us, have we not for every knight thirty or forty young peasants ready and willing to fight with club, or boar-spear, or arrow, or axe, or stones, if they have not arms? Learn we to resist the knights, and we shall be free to hew down trees, to hunt game, and to fish after our fashion, and we shall work our will on flood and in field and wood."

These two passages have already been quoted in Chapter XIV. of this history in the course of describing the general condition of France under the Capetians before the crusades, and they are again brought forward here because they express and paint to the life the chief cause which from the end of the tenth century led to so many insurrections amongst the rural as well as urban populations, and brought about the establishment of so many communes.

We say the chief cause only, because oppression and insurrection were not the sole origin of the communes. Evil, moral and material, abounds in human communities, but it never has the sole dominion there; force never drives justice into utter banishment, and the ruffianly violence of the strong never stifles in all hearts every sympathy for the weak. Two causes, quite distinct from feudal oppression, viz., Roman traditions and Christian sentiments, had their share in the formation of the communes and in the beneficial results thereof.

The Roman municipal regimen, which is described in M. Guizot's L'Essais sur l'Histoire de France (1st Essay, pp. 1-44), did not everywhere perish with the empire; it kept its footing in a great number of towns, especially in those of Southern Gaul, Marseilles, Arles, Nismes, Narbonne, Toulouse, &c. At Arles the municipality actually bore the name of commune (communitas), Toulouse gave her municipal magistrates the name of Capitouls, after the Capitol of Rome, and in the greater part of the other towns in the south they were called Consuls. After the great invasion of barbarians from the seventh to the end of the eleventh century, the existence of these Roman municipalities appears but rarely and confusedly in history; but in this there is nothing peculiar to the towns and the municipal regimen, for confusion and obscurity were at that time universal, and the nascent feudal system was plunged therein as well as the dying little municipal systems were. Many Roman municipalities were still subsisting without influencing any event of at all a general kind, and without leaving any trace; and as the feudal system grew and grew they still went on in the midst of universal darkness and anarchy. They had penetrated into the north of Gaul in fewer numbers and with a weaker organization than in the south, but still keeping their footing and vaunting themselves on their Roman origin in the face of their barbaric conquerors. The inhabitants of Rheims remembered with pride that their municipal magistracy and its jurisdiction were anterior to Clovis, dating as they did from before the days of St. Remigius, the apostle of the Franks. The burghers of Metz boasted of having enjoyed civil rights before there was any district of Lorraine: "Lorraine," said they, "is young, and Metz is old." The city of Bourges was one of the most complete examples of successive transformations and denominations attained by a Roman municipality from the sixth to the thirteenth century under the Merovingians, the Carlovingians, and the earliest Capetians. At the time of the invasion it had arenas, an amphitheatre, and all that characterized a Roman city. In the seventh century, the author of the life of St. Estadiola, born at Bourges, says that "she was the child of illustrious parents who, as worldly dignity is accounted, were notable by reason of senatorial rank; and Gregory of Tours quotes a judgment delivered by the principals (primores) of the city of Bourges. Coins of the time of Charles the Bald are struck with the name of the city of Bourges and its inhabitants (Bituriges). In 1107, under Philip I., the members of the municipal body of Bourges are named prud'hommes. In two charters, one of Louis the Young, in 1145, and the other of Philip Augustus, in 1218, the old senators of Bourges have the name at one time of bons hommes, at another of barons of the city. Under different names, in accordance with changes of language, the Roman municipal regimen held on and adapted itself to new social conditions.

In our own day there has been far too much inclination to dispute, and M. Augustin Thierry has, in M. Guizot's opinion, made far too little of, the active and effective part played by the kingship in the formation and protection of the French communes. Not only did the kings, as we shall presently see, often interpose as mediators in the quarrels of the communes with their laic or ecclesiastical lords, but many amongst them assumed in their own domains and to the profit of the communes an intelligent and beneficial initiative. The city of Orleans was a happy example of this. It was of ancient date, and had prospered under the Roman empire; nevertheless the continuance of the Roman municipal regimen does not appear there clearly as we have just seen that it did in the case of Bourges; it is chiefly from the middle ages and their kings that Orleans held its municipal franchises and its privileges; they never raised it to a commune, properly so called, by a charter sworn to and guaranteed by independent institutions, but they set honestly to work to prevent local oppression, to reform abuses, and make justice prevail there. From 1051 to 1281 there are to be found in the Recueil des ordonnances des rois seven important charters relating to Orleans. In 1051, at the demand of the people of Orleans and its bishop, who appears in the charter as the head of the people, the defender of the city, Henry I. secures to the inhabitants of Orleans freedom of labor and of going to and fro during the vintages, and interdicts his agents from exacting anything upon the entry of wines. From 1137 to 1178, during the administration of Suger, Louis the Young in four successive ordinances gives, in respect of Orleans, precise guarantees for freedom of trade, security of person and property, and the internal peace of the city; and in 1183 Philip Augustus exempts from all talliage, that is, from all personal impost, the present and future inhabitants of Orleans, and grants them divers privileges, amongst others that of not going to law-courts farther from their homes than Etampes. In 1281 Philip the Bold renews and confirms the concessions of Philip Augustus. Orleans was not, within the royal domain, the only city where the kings of that period were careful to favor the progress of the population, of wealth, and of security; several other cities, and even less considerable burghs, obtained similar favor; and in 1155 Louis the Young, probably in confirmation of an act of his father, Louis the Fat, granted to the little town of Lorris, in Gatinais (nowadays chief place of a canton in the department of the Loiret), a charter, full of detail, which regulated its interior regimen in financial, commercial, judicial, and military matters, and secured to all its inhabitants good conditions in respect of civil life. This charter was in the course of the twelfth century regarded as so favorable that it was demanded by a great number of towns and burghs; the king was asked for the customs of Lorris (consuetudines Lauracienses), and in the space of fifty years they were granted to seven towns, some of them a considerable distance from Orleanness. The towns which obtained them did not become by this qualification communes properly so called in the special and historical sense of the word; they had no jurisdiction of their own, no independent magistracy; they had not their own government in their hands; the king's officers, provosts, bailiffs, or others, were the only persons who exercised there a real and decisive power. But the king's promises to the inhabitants, the rights which he authorized them to claim from him, and the rules which he imposed upon his officers in their government, were not concessions which were of no value or which remained without fruit. As we follow in the course of our history the towns which, without having been raised to communes properly so called, had obtained advantages of that kind, we see them developing and growing in population and wealth, and sticking more and more closely to that kingship from which they had received their privileges, and which, for all its imperfect observance and even frequent violation of promises, was nevertheless accessible to complaint, repressed from time to time the misbehavior of its officers, renewed at need and even extended privileges, and, in a word, promoted in its administration the progress of civilization and the counsels of reason, and thus attached the burghers to itself without recognizing on their side those positive rights and those guarantees of administrative independence which are in a perfect and solidly constructed social fabric the foundation of political liberty.



Nor was it the kings alone who in the middle ages listened to the counsels of reason, and recognized in their behavior towards their towns the rights of justice. Many bishops had become the feudal lords of the episcopal city; and the Christian spirit enlightened and animated many amongst them just as the monarchical spirit sometimes enlightened and guided the kings. Troubles had arisen in the town of Cambrai between the bishops and the people. "There was amongst the members of the metropolitan clergy," says M. Augustin Thierry, "a certain Baudri de Sarchainville, a native of Artois, who had the title of chaplain of the bishopric. He was a man of high character and of wise and reflecting mind. He did not share the violent aversion felt by most of his order for the institution of communes. He saw in this institution a sort of necessity beneath which it would be inevitable sooner or later, Willy nilly, to bow, and he thought it was better to surrender to the wishes of the citizens than to shed blood in order to postpone for a while an unavoidable revolution. In 1098 he was elected Bishop of Noyon. He found this town in the same state in which he had seen that of Cambrai. The burghers were at daily loggerheads with the metropolitan clergy, and the registers of the Church contained a host of documents entitled Peace made between us and the burghers of Noyon. But no reconciliation was lasting; the truce was soon broken, either by the clergy or by the citizens, who were the more touchy in that they had less security for their persons and their property. The new bishop thought that the establishment of a commune sworn to by both the rival parties might become a sort of compact of alliance between them, and he set about realizing this noble idea before the word commune had served at Noyon as the rallying cry of popular insurrection. Of his own mere motion he convoked in assembly all the inhabitants of the town, clergy, knights, traders, and craftsmen. He presented them with a charter which constituted the body of burghers an association forever under magistrates called jury-men, like those of Cambrai. 'Whosoever,' said the charter, 'shall desire to enter this commune shall not be able to be received as a member of it by a single individual, but only in the presence of the jurymen. The sum of money he shall then give shall be employed for the benefit of the town, and not for the private advantage of any one whatsoever. If the commune be outraged, all those who have sworn to it shall be bound to march to its defence, and none shall be empowered to remain at home unless he be infirm or sick, or so poor that he must needs be himself the watcher of his own wife and children lying sick. If any one have wounded or slain any one on the territory of the commune, the jurymen shall take vengeance therefor.'"

The other articles guarantee to the members of the commune of Noyon the complete ownership of their property, and the right of not being handed over to justice save before their own municipal magistrates. The bishop first swore to this charter, and the inhabitants of every condition took the same oath after him. In virtue of his pontifical authority he pronounced the anathema, and all the curses of the Old and New Testament, against whoever should in time to come dare to dissolve the commune or infringe its regulations. Furthermore, in order to give this new pact a stronger warranty, Baudri requested the hing of France. Louis the Fat, to corroborate it, as they used to say at the time, by his approbation and by the great seal of the crown. The king consented to this request of the bishop, and that was all the part taken by Louis the Fat in the establishment of the commune of Noyon. The king's charter is not preserved, but, under the date of 1108, there is extant one of the bishop's own, which may serve to substantiate the account given:—

"Baudri, by the grace of God Bishop of Noyon, to all those who do preserve and go on in the faith:

"Most dear brethren, we learn by the example and words of-the holy Fathers, that all good things ought to be committed to writing, for fear lest hereafter they come to be forgotten. Know, then, all Christians present and to come, that I have formed at Noyon a commune, constituted by the counsel and in an assembly of clergy, knights, and burghers; that I have confirmed it by oath, by pontifical authority, and by the bond of anathema; and that I have prevailed upon our lord King Louis to grant this commune and corroborate it with the king's seal. This establishment formed by me, sworn to by a great number of persons, and granted by the king, let none be so bold as to destroy or alter; I give warning thereof, on behalf of God and myself, and I forbid it in the name of pontifical authority. Whosoever shall transgress and violate the present law, be subjected to excommunication; and whosoever, on the contrary, shall faithfully keep it, be preserved forever amongst those who dwell in the house of the Lord."

This good example was not without fruit. The communal regimen was established in several towns, notably at St. Quentin and at Soissons, without trouble or violence, and with one accord amongst the laic and ecclesiastical lords and the inhabitants.

We arrive now at the third and chief source of the communes, at the case of those which met feudal oppression with energetic resistance, and which, after all the sufferings, vicissitudes, and outrages, on both sides, of a prolonged struggle, ended by winning a veritable administrative, and, to a certain extent, political independence. The number of communes thus formed from the eleventh to the thirteenth century was great, and we have a detailed history of the fortunes of several amongst them, Cambrai, Beauvais, Laon, Amiens, Rheims, Etampes, Vezelay, &c. To give a correct and vivid picture of them we will choose the commune of Laon, which was one of those whose fortunes were most checkered as well as most tragic, and which after more than two centuries of a very tempestuous existence was sentenced to complete abolition, first by Philip the Handsome, then by Philip the Long and Charles the Handsome, and, finally, by Philip of Valois, "for certain misdeeds and excesses notorious, enormous, and detestable, and on full deliberation of our council." The early portion of the history connected with the commune of Laon has been narrated for us by Guibert, an abbot of Nogent- sous-Coucy, in the diocese of Laon, a contemporary writer, sprightly and bold. "In all that I have written and am still writing," says he, "I dismiss all men from my mind, caring not a whit about pleasing anybody. I have taken my side in the opinions of the world, and with calmness and indifference on my own account I expect to be exposed to all sorts of language, to be as it were beaten with rods. I proceed with my task, being fully purposed to bear with equanimity the judgments of all who come snarling after me."

Laon was at the end of the eleventh century one of the most important towns in the kingdom of France. It was full of rich and industrious inhabitants; the neighboring people came thither for provisions or diversion; and such concourse led to the greatest disturbances. "The nobles and their servitors," says M. Augustin Thierry, "sword in hand, committed robbery upon the burghers; the streets of the town were not safe by night or even by day, and none could go out without running a risk of being stopped and robbed or killed. The burghers in their turn committed violence upon the peasants, who came to buy or sell at the market of the town." "Let me give as example," says Guibert of Nogent, "a single fact, which, had it taken place amongst the Barbarians or the Scythians, would assuredly have been considered the height of wickedness, in the judgment even of those who recognize no law. On Saturday the inhabitants of the country places used to leave their fields, and come from all sides to Laon to get provisions at the market. The townsfolk used then to go round the place, carrying in baskets, or bowls, or otherwise, samples of vegetables, or grain, or any other article, as if they wished to sell. They would offer them to the first peasant who was in search of such things to buy; he would promise to pay the price agreed upon; and then the seller would say to the buyer, 'Come with me to my house to see and examine the whole of the articles I am selling you.' The other would go; and then, when they came to the bin containing the goods, the honest seller would take off and hold up the lid, saying to the buyer, 'Step hither, and put your head or arms into the bin, to make quite sure that it is all exactly the same goods as I showed you outside.' And then when the other, jumping on to the edge of the bin, remained leaning on his belly, with his head and shoulders hanging down, the worthy seller, who kept in the rear, would hoist up the thoughtless rustic by the feet, push him suddenly into the bin, and, clapping on the lid as he fell, keep him shut up in this safe prison until he had bought himself out."

In 1106 the bishopric of Laon had been two years vacant. It was sought after and obtained for a sum of money, say contemporaries, by Gaudri, a Norman by birth, referendary of Henry I., King of England, and one of those Churchmen who, according to M. Augustin Thierry's expression, "had gone in the train of William the Bastard to seek their fortunes amongst the English by seizing the property of the vanquished." It appears that thenceforth the life of Gaudri had been scarcely edifying; he had, it is said, the tastes and habits of a soldier; he was hasty and arrogant, and he liked beyond everything to talk of fighting and hunting, of arms, of horses, and of hounds. When he was repairing with a numerous following to Rome, to ask for confirmation of his election, he met at Langres Pope Pascal II., come to France to keep the festival of Christmas at the abbey of Cluny. The pope had no doubt heard something about the indifferent reputation of the new bishop, for, the very day after his arrival at Langres, he held a conference with the ecclesiastics who had accompanied Gaudri, and plied them with questions concerning him. "He asked us first," says Guibert of Nogent, who was in the train, "why we had chosen a man who was unknown to us. As none of the priests, some of whom did not know even the first rudiments of the Latin language, made any answer to this question, he turned to the abbots. I was seated between my two colleagues. As they likewise kept silence, I began to be urged, right and left, to speak. I was one of those whom this election had displeased; but with culpable timidity I had yielded to the authority of my superiors in dignity. With the bashfulness of youth I could only with great difficulty and much blushing prevail upon myself to open my mouth. The discussion was carried on, not in our mother tongue, but in the language of scholars. I therefore, though with great confusion of mind and face, betook myself to speaking in a manner to tickle the palate of him who was questioning us, wrapping up in artfully arranged form of speech expressions which were softened down, but were not entirely removed from the truth. I said that we did not know, it was true, to the extent of having been familiar by sight and intercourse with him, the man of whom we had made choice, but that we had received favorable reports of his integrity. The pope strove to confound my arguments by this quotation from the Gospel: 'He that hath seen giveth testimony.' But as he did not explicitly raise the objection that Gaudri had been elected by desire of the court, all subtle subterfuge on any such point became useless; so I gave it up, and confessed that I could say nothing in opposition to the pontiff's words; which pleased him very much, for he had less scholarship than would have become his high office. Clearly perceiving, however, that all the phrases I had piled up in defence of our election had but little weight, I launched out afterwards upon the urgent straits wherein our Church was placed, and on this subject I gave myself the more rein in proportion as the person elected was unfitted for the functions of the episcopate."



Gaudri was indeed very scantily fitted for the office of bishop, as the town of Laon was not slow to perceive. Scarcely had he been installed when he committed strange outrages. He had a man's eyes put out on suspicion of connivance with his enemies; and he tolerated the murder of another in the metropolitan church. In imitation of rich crusaders on their return from the East, he kept a black slave, whom he employed upon his deeds of vengeance. The burghers began to be disquieted, and to wax wroth. During a trip the bishop made to England, they offered a great deal of money to the clergy and knights who ruled in his absence, if they would consent to recognize by a genuine Act the right of the commonalty of the inhabitants to be governed by authorities of their own choice. "The clergy and knights," says a contemporary chronicler, "came to an agreement with the common folk in hopes of enriching themselves in a speedy and easy fashion." A commune was therefore set up and proclaimed at Laon, on the model of that of Noyon, and invested with effective powers. The bishop, on his return, was very wroth, and for some days abstained from re-entering the town. But the burghers acted with him, as they had with his clergy and the knights: they offered him so large a sum of money that "it was enough," says Guibert of Nogent, "to appease the tempest of his words." He accepted the commune, and swore to respect it. The burghers wished to have a higher warranty; so they sent to Paris, to King Louis the Fat, a deputation laden with rich presents. "The king," says the chronicler, "won over by this plebeian bounty, confirmed the commune by his own oath," and the deputation took back to Laon their charter sealed with the great seal of the crown, and augmented by two articles to the following purport: "The folks of Laon shall not be liable to be forced to law away from their town; if the king have a suit against any one amongst them, justice shall be done him in the episcopal court. For these advantages, and others further granted to the aforesaid inhabitants by the king's munificence, the folks of the commune have covenanted to give the king, besides the old plenary court dues, and man-and-horse dues [dues paid for exemption from active service in case of war], three lodgings a year, if he come to the town, and, if he do not come, they will pay him instead twenty livres for each lodging."

For three years the town of Laon was satisfied and tranquil; the burghers were happy in the security they enjoyed, and proud of the liberty they had won. But in 1112 the knights, the clergy of the metropolitan church, and the bishop himself had spent the money they had received, and keenly regretted the power they had lost; and they meditated reducing to the old condition the serfs emancipated from the yoke. The bishop invited King Louis the Fat to come to Laon for the keeping of Holy Week, calculating upon his presence for the intimidation of the burghers. "But the burghers, who were in fear of ruin, says Guibert of Nogent, "promised the king and those about him four hundred livres, or more, I am not quite sure which; whilst the bishop and the grandees, on their side, urged the monarch to come to an understanding with them, and engaged to pay him seven hundred livres. King Louis was so striking in person that he seemed made expressly for the majesty of the throne; he was courageous in war, a foe to all slowness in business, and stout-hearted in adversity; sound, however, as he was on every other point, he was hardly praiseworthy in this one respect, that he opened too readily both heart and ear to vile fellows corrupted by avarice. This vice was a fruitful source of hurt, as well as blame, to himself, to say nothing of unhappiness to many. The cupidity of this prince always caused him to incline towards those who promised him most. All his own oaths, and those of the bishops and the grandees, were consequently violated." The charter sealed with the king's seal was annulled; and on the part of the king and the bishop, an order was issued to all the magistrates of the commune to cease from their functions, to give up the seal and banner of the town, and to no longer ring the belfry chimes which rang out the opening and closing of their audiences. But at this proclamation, so violent was the uproar in the town, that the king, who had hitherto lodged in a private hotel, thought it prudent to leave, and go to pass the night in the episcopal palace, which was surrounded by strong walls. Not content with this precaution, and probably a little ashamed of what he had done, he left Laon the next morning at daybreak, with all his train, without waiting for the festival of Easter, for the celebration of which he had undertaken his journey.

All the day after his departure the shops of the tradespeople and the houses of the innkeepers were kept closed; no sort of article was offered for sale; everybody remained shut up at home. But when there is wrath at the bottom of men's souls, the silence and stupor of the first paroxysm are of short duration. Next day a rumor spread that the bishop and the grandees were busy "in calculating the fortunes of all the citizens, in order to demand that, to supply the sum promised to the king, each should pay on account of the destruction of the commune as much as each had given for its establishment." In a fit of violent indignation the burghers assembled; and forty of them bound themselves by oath, for life or death, to kill the bishop and all those grandees who had labored for the ruin of the commune. The archdeacon, Anselm, a good sort of man, of obscure birth, who heartily disapproved of the bishop's perjury, went nevertheless and warned him, quite privately, and without betraying any one, of the danger that threatened him, urging him not to leave his house, and particularly not to accompany the procession on Easter-day. "Pooh!" answered the bishop, "I die by the hands of such fellows!" Next day, nevertheless, he did not appear at matins, and did not set foot within the church; but when the hour for the procession came, fearing to be accused of cowardice, he issued forth at the head of his clergy, closely followed by his domestics and some knights with arms and armor under their clothes. As the company filed past, one of the forty conspirators, thinking the moment favorable for striking the blow, rushed out suddenly from under an arch, with a shout of "Commune! commune!" A low murmur ran through the throng; but not a soul joined in the shout or the movement, and the ceremony carne to an end without any explosion. The day after, another solemn procession was to take place to the church of St. Vincent. Somewhat reassured, but still somewhat disquieted, the bishop fetched from the domains of the bishopric a body of peasants, some of whom he charged to protect the church, others his own palace, and once more accompanied the procession without the conspirators daring to attack him. This time he was completely reassured, and dismissed the peasants he had sent for. "On the fourth day after Easter," says Guibert of Nogent, "my corn having been pillaged in consequence of the disorder that reigned in the town, I repaired to the bishop's, and prayed him to put a stop to this state of violence. 'What do you suppose,' said he to me, 'those fellows can do with all their outbreaks? Why, if my blackamoor John were to pull the nose of the most formidable amongst them, the poor devil durst not even grumble. Have I not forced them to give up what they called their commune, for the whole duration of my life?' I held my tongue," adds Guibert; "many folks besides me warned him of his danger; but he would not deign to believe anybody."

Three days later all seemed quiet; and the bishop was busy with his archdeacon in discussing the sums to be exacted from the burghers. All at once a tumult arose in the town; and a crowd of people thronged the streets, shouting "Commune! commune!" Bands of burghers armed with swords, axes, bows, hatchets, clubs, and lances, rushed into the episcopal palace. At the news of this, the knights who had promised the bishop to go to his assistance if he needed it came up one after another to his protection; and three of them, in succession, were hotly attacked by the burgher bands, and fell after a short resistance. The episcopal palace was set on fire. The bishop, not being in a condition to repulse the assaults of the populace, assumed the dress of one of his own domestics, fled to the cellar of the church, shut himself in, and ensconced himself in a cask, the bung-hole of which was stopped up by a faithful servitor. The crowd wandered about everywhere in search of him on whom they wished to wreak their vengeance. A bandit named Teutgaud, notorious in those times for his robberies, assaults, and murders of travellers, had thrown himself headlong into the cause of the commune. The bishop, who knew him, had by way of pleasantry and on account of his evil mien given him the nickname of Isengrin. This was the name which was given in the fables of the day to the wolf, and which corresponded to that of Master Reynard. Teutgaud and his men penetrated into the cellar of the church; they went along tapping upon all the casks; and on what suspicion there is no knowing, but Teutgaud halted in front of that in which the bishop was huddled up, and had it opened, crying, "Is there any one here?" "Only a poor prisoner," answered the bishop, trembling. "Ha! ha!" said the playful bandit, who recognized the voice, "so it is you, Master Isengrin, who are hiding here! "And he took him by the hair, and dragged him out of his cask. The bishop implored the conspirators to spare his life, offering to swear on the Gospels to abdicate the bishopric, promising them all the money he possessed, and saying that if they pleased he would leave the country. The reply was insults and blows. He was immediately despatched; and Teutgaud, seeing the episcopal ring glittering on his finger, cut off the finger to get possession of the ring. The body, stripped of all covering, was thrust into a corner, where passers-by threw stones or mud at it, accompanying their insults with ribaldry and curses.

[Bishop Gaudri dragged from the Cask——224]

Murder and arson are contagious. All the day of the insurrection and all the following night armed bands wandered about the streets of Laon searching everywhere for relatives, friends, or servitors of the bishop, for all whom the angry populace knew or supposed to be such, and wreaking on their persons or their houses a ghastly or a brutal vengeance. In a fit of terror many poor innocents fled before the blind wrath of the populace; some were caught and cut down pell-mell amongst the guilty; others escaped through the vineyards planted between two hills in the outskirts of the town. "The progress of the fire, kindled on two sides at once, was so rapid," says Guibert of Nogent, "and the winds drove the flames so furiously in the direction of the convent of St. Vincent, that the monks were afraid of seeing all they possessed become the fire's prey, and all the persons who had taken refuge in this monastery trembled as if they had seen swords hanging over their heads." Some insurgents stopped a young man who had been body-servant to the bishop, and asked him whether the bishop had been killed or not; they knew nothing about it, nor did he know any more; he helped them to look for the corpse, and when they came upon it, it had been so mutilated that not a feature was recognizable. "I remember," said the young man, "that when the prelate was alive he liked to talk of deeds of war, for which to his hurt he always showed too much bent; and he often used to say that one day in a sham-fight, just as he was, all in the way of sport, attacking a certain knight, the latter hit him with his lance, and wounded him under the neck, near the tracheal artery." The body of Gaudri was eventually recognized by this mark, and "Archdeacon Anselm went the next day," says Guibert of Nogent, "to beg of the insurgents permission at least to bury it, if only because it had once borne the title and worn the insignia of bishop. They consented, but reluctantly. It were impossible to tell how many threats and insults were launched against those who undertook the obsequies, and what outrageous language was vented against the dead himself. His corpse was thrown into a half-dug hole, and at church there was none of the prayers or ceremonies prescribed for the burial of, I will not say a bishop, but the worst of Christians." A few days afterwards, Raoul, Archbishop of Rheims, came to Laon to purify the church. "The wise and venerable archbishop," says Guibert, "after having, on his arrival, seen to more decently disposing the remains of some of the dead and celebrated divine service in memory of all, amidst the tears and utter grief of their relatives and connections, suspended the holy sacrifice of the mass, in order to deliver a discourse, touching those execrable institutions of communes, whereby we see serfs, contrary to all right and justice, withdrawing themselves by force from the lawful authority of their masters."