University of Virginia Library

IV.3. CHAPTER III

"HOW THE KING ADMONISHED HIS BAILIFFS, HIS PROVOSTS, AND HIS MAYORS; AND HOW HE MADE NEW ORDINANCES, AND HOW STEPHEN BOILEAU BECAME HIS PROVOST OF PARIS."

AFTER King Louis returned to France from overseas, he bore himself meekly towards Our Lord, and uprightly towards his subjects. And he perceived and bethought him that it would be a fine work to reform the realm of France.

First of all, he made a general ordinance for his subjects throughout all the realm of France in the following manner.

"We, Louis, by the grace of God King of France, do ordain that all our Bailiffs, Sheriffs, Provosts, Mayors and t all others, be they who they may, and be the matter what it may, do take IS oath that so long as they shall hold office or bailly, they will do justice to

every man without exception of persons, to poor and rich alike, to stranger and friend alike, and will maintain such usages and customs as are good and tried. And if any matter occur in which the bailiffs or sheriffs or others such as serjeants or foresters act contrary to their oaths and be attainted of so doing, it is our will that they be punished in their goods and in their persons, according as the offence demands, and the bailiffs shall be punished by us, and the rest by the bailiffs.

Henceforth the provosts, bailiffs, serjeants and the rest shall swear to well and truly maintain our revenues and rights, and that they will not suffer our rights to be withheld nor done away with, nor diminished.

Henceforth they shall swear that they will not take nor receive, neither in person nor through others, gold,

nor silver, nor perquisites, nor anything else, unless it be fruit or bread or wine or other gift not exceeding the value of ten shillings (a week). Moreover they shall swear not to accept any gift whatever for their wives or children or brothers or sisters or any other person in any wise connected with them; neither permit them to accept such gifts, and directly they shall find that such gifts have been received they shall cause them to be returned as soon as possible. Henceforth they shall swear not to keep any gift whatever from any man of their bailly.

Henceforth they shall swear not to give nor send any gift to any man who may be on our council, nor to their wives nor children nor to any soul belonging to them; nor to those who shall audit their accounts on our behalf; nor to any inquisitors whom

we may send into their baillies or provosties to make inquiry into their acts. And moreover they shall swear that they will take no commission from any sale of our revenues or coinage or anything else pertaining to us.

Moreover, they shall swear that if they know any official, serjeant or provost, under them to be dishonest, addicted to rapine, usury or other vices, whereby he ought to forfeit our service, that they will not support him by reason of gift or promise or friendship, or any other thing, but will punish and judge him in good faith. Henceforth our provosts, sheriffs, mayors, foresters, and other serjeants of foot or horse, shall swear not to give any gifts to their superiors, nor to their wives and children.

And because it is our will that these oaths be firmly established, we

will that they be sworn in full assize, in the face of all men, both clerics and laymen, knights and serjeants, notwithstanding that they may have already taken the oath to ourselves; so that they may shun the sin of perjury, not only for fear of God and us, but from worldly shame.

We will and ordain that all our provosts and bailiffs abstain from any oath savouring of blasphemy towards God, Our Lady, and all the Saints; and keep themselves from games of dice, and from the tavern. [1]

It is our will that the manufacture of dice be forbidden throughout our kingdom, and that all lewd women be put out of their houses; and whosoever shall lease a house to a lewd woman, he shall make over the rent of the house for one year to the provost or bailiff.

Further, we utterly forbid our bailiffs to buy, or cause to be bought, by themselves or others, any land or property in their own bailly or any other, so long as they are in our employ. And we forbid them to marry any son or daughter of theirs, or any person connected with them, to anybody in their bailly, without our special leave: Also, they shall not place them in any religious house of theirs, nor procure them any benefice of Holy Church nor any property whatever. Also they shall not take any office nor appointment in any religious house, nor about themselves, to the detriment of the religious.

We do not intend the aforesaid prohibition to marry or acquire property to apply to provosts or mayors nor others holding minor posts.

We command our bailiffs, provosts, and others not to keep over many

serjeants and beadles, to be a burthen on the people. The beadles shall be called in full assize, otherwise they shall not be accounted beadles. When our serjeants shall be sent into any distant place, or foreign country, it is our will that they be not credited without a letter from their superior.

We order every bailiff and provost holding office under us not to burden honest folk with his justice beyond what is lawful; and that no one under our jurisdiction be put in prison for any debt that he may owe saving only what he may owe to ourselves.

We ordain that none of our bailiffs levy a fine for any debt that our subjects owe us, nor for any crime; save it be tried and assessed in full court. And if it chance that the accused be not willing to await the judgment of the court which is open to him, but rather offers a certain sum of money

as a fine, as has been commonly accepted, we will that the court accept the sum, if it is reasonable and adequate; and if not, then that the fine be judged according as is said above, notwithstanding the accused submits himself to the pleasure of the court.

We forbid the bailiff, mayor or provost, to constrain our subjects by fear or threats or intrigue, to pay a fine secretly or openly.

Moreover we ordain that those who hold the provosties, shrievalties, and other baillies cannot sell them to anyone else without our leave, and if several persons combine to buy the aforesaid offices, it is our will that one of the buyers shall perform the duties for all the rest, and exercise the liberties pertaining to remounts, tallages and public charges, as the custom is. And we forbid them, after they have

bought the said offices from us, to resell them to brothers, nephews, or cousins: nor shall they through their own office require any debt that may be owed them, except debts due to their office.

But their personal debts they shall require through the authority of the bailiff, just as though they were not in our employ.

We forbid that bailiffs and provosts should harass our subjects in any cases which they have brought before them by changing from place to place: but let them hear such matters as are before them in the place where they have been wont to give a hearing; so that people may not abstain from seeking justice because of trouble or expense.

Henceforth we command that no man be disseized of any seisin that he holds, without cognisance of cause,

or special order from ourselves; and that our people be not oppressed with new exactions of tallages and fresh customs; nor shall a muster be ordered in order to get the people's money, nor shall they be called out for military service without sufficient cause. And those who wish to serve in person shall not be forced to buy themselves off for money.

Further we forbid bailiffs and provosts to prohibit the export of corn, wine, and other merchandise out of our realm without due cause. And when it must needs be prohibited we will that it be done by common consent in a council of good and true men without suspicion of fraud or deceit.

Item: It is our will that all ex-bailiffs, sheriffs, provosts, and mayors shall, after they have quitted office, continue for the space of forty days in the district where they held office,

in their own persons or by deputy, that any whom they have wronged may lodge a complaint against them. By this edict he greatly amended the realm.

The provosty of Paris used at that time to be sold to the burghers of Paris, or to some of them; and whenever any of them had bought it, then they used to uphold their children and nephews in their lawlessness; for the young men relied on their kinsmen and friends who held the provosty. For this cause the common people were over much trodden down, and could get no justice on the rich men, because of the great gifts and donations that these made to the provosts. At that time, whoever spoke truth before the provost, or attempted to keep his oath, and not perjure himself, about a debt or any other matter about which he was called in question, the provost would levy a fine on him, and he would be punished. By reason of the great deeds of injustice and violence which were done in the provosty, the common people durst not live on the King's land, but rather went and dwelt under other provosts and other lords. And the King's

land was so empty, that when he held his Court of Pleas, not more than ten or twelve persons used to come to it. There were moreover so many malefactors and robbers in Paris and round about, that the whole country was overrun with them. The King, who was very zealous for the protection of the common people, found out the whole truth; so he would no longer allow the provosty of Paris to be sold, but gave secure and high wages to those who for the future should hold it. And he put down all the evil customs whereby the people might be oppressed; and made inquiry throughout the whole kingdom and country where a man might be found who would administer sound and strict justice, and spare the rich no more than the poor. And then Stephen Boileau was pointed out to him; and he upheld and kept the provosty so well that no malefactor, nor robber, nor murderer, durst abide in Paris but he was presently hanged or ruined: neither kith nor kin, gold nor silver could protect him. The King's territory began to improve; people came thither for the sake of the good justice that was done there. It so multiplied and improved that the sales, seisins, purchases, and other things were worth double what the King got from them formerly.

" In all these things that we have ordered for the advancement of our subjects and our kingdom we have reserved to ourselves the power of expounding, amending, adding, and restricting, according as we shall be advised."

By this act he greatly benefited the kingdom of France, as many wise and aged men testify.