[Illustration: The Hanging of Marigny----200]
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.