The Close of the Middle Ages, 1272-1494, 3rd Ed.Lodge, Richard, Sir
History
The Close of the Middle Ages, 1272-1494, 3rd Ed.
Lodge, Richard, Sir
Middle Ages
We must now turn to Philip IV.’s domestic government, [Sidenote:
Domestic Government.] which constitutes his sole claim to a place
among the great kings of history. His aims were those of his
predecessors—those, in fact, of all kings in the later Middle Ages who
wished to extend their power. He had to destroy feudalism as a basis
of government, or, in the words of a great historian, to ‘eliminate
the doctrine of tenure from political life.’ The essential vice of the
feudal system was that every man was directly bound only to the
immediate lord of whom he held his land; the connection with that
lord’s suzerain was purely indirect. Hence came an inevitable tendency
to disruption; the tie between vassal and lord was stronger than the
indirect tie between the sub-tenant and the king; if a great noble
rebelled he could compel his tenants to follow him even against his
suzerain. For this system, which had many merits, but was inconsistent
with either national unity or a strong government, Philip desired to
substitute an organisation in which all Frenchmen, whether
tenants-in-chief or sub-tenants, should stand in equal subjection to
the law and to the king as the source and guardian of the law.
To accomplish this end, an efficient administrative machinery was
necessary, and of this the foundations had been laid by Philip’s
predecessors. The country was divided into _bailliages_ in the north and
_sénéchaussées_ in the south. Philip IV. regulated and extended the
functions of the bailiffs and seneschals, and employed them not only to
carry out his edicts in the provinces, but also to supply him with that
accurate local information without which centralisation is useless and
incompetent. Besides these local officials, he [Sidenote: The King’s
Court.] had the _cour du roi_ which attended his person. This body, the
earliest institution of Capetian France, was originally merely the court
of the king’s domain, and consisted of the household officers and the
immediate domain tenants. From time to time, however, the king must have
had to decide questions concerning the great tenants-in-chief, and by
the essential principle of feudalism such questions must be referred to
their equals. Hence arose the court of peers, the creation of which is
assigned by tradition to Philip Augustus when he summoned John of
England to answer for the murder of Arthur of Brittany. Whether this
court ever had a separate existence from the domain court is difficult
to decide, but if it had, it soon lost it. In the reign of Louis IX. the
domain court was transformed, when necessary, into a court of peers by
the addition to it of some of the great vassals. At the same time, the
court was made more efficient by the introduction of trained lawyers.
Under Philip IV. these lawyers became the real managers of the work of
justice and administration; and the nobles, though retaining the right
of attendance, preferred as a rule to absent themselves from business in
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