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Fight for the Burgundian inheritance and formation of the special status of an apanazh of Philip Smely in the 30th of the 14th Century.

seriya History. Political science. Economy. Computer science. 2010. No. 13 (84). Release 15

UDC 94,144). 02


French apanazh (fr. apanage, new lat. - apanagium, appano - letters. "I supply with bread") was assignment in the form of a reversible fyef from the royal domain, therefore, intended to provide material needs of sons and brothers of the monarch. As all of them could apply for a throne, having made the category of princes of blood (les princes de sang), it became a basis of the developed opinion on apanazha as not about state, and family institute1. However the monarch whose power in the French kingdom since Louis IX Svyaty's era becomes more and more sovereign acted as the head of a royal sort. As a result of the developed legal obligations between the head of state and members of his sort it was supposed what in case of absence at the last male successors, apanazh is subject to a restitution in the royal domain - so-called aliyenation (Latin of alienatio - alienation). And if the domain was still estimated as family property, then princes legitimately inherited from it the part. However determination of its scales became a problem for the king as heads of a dynasty, on the one hand, but the head of state and the monarch, with another.

The method of distribution which is carried out too widely apanazhy organically created risk of formation separatist of the adjusted senyorialny childbirth. The weighed system of restrictions which would be capable to interfere with disintegration of the state was required and to keep the royalty. In fact, it was also created by Louis IX, and subsequent Kapetingi and Valois to a degree could keep it. So, apanazh had discrete character, the system of their management quite often imitated royal that led to unification of structures of the power and administration, promoting unity of the country. At last, in case of absence of successors of a male, the earth of princes of blood returned to structure of the royal domain as again Ludovic Sviatoy laid the foundation for practice of appointment apanazhy and to royal daughters and sisters, but in the form of not lands, and deneg2.

Partly the quantity and the sizes of apanazhy depended on will of a case: number of sons, durations of their life, etc. The role was played also by marriage strategy when princes quite often became owners of the lands, considerable by the sizes, which also were a part of the domain. The burst Centenary war excessively aggravated the difficult, based on the principles of relationship, dynastic privileges and ambitions system of land possession of princes of blood. Having four sons, John II Dobry completely underestimated this threat, without having stinted in distribution apana-



S.A. Polish

Article opens circumstances of formation of the duchy of Bourgoundsqui as an apanazha of a dynasty of Valois at the initial stage of Centenary war and analyzes features of legal and political positioning of the monarchy and the Burgundian estates in a solution of the problem of the status of the duchy as a part of the French kingdom.


Duchy of Burgundy, royalty, apanazh, aliyenation, John II Dobry, Philip Smely.

1 Lewis A.W. Le Sang Royal. Le Famille capétienne et l’État: France Xe-XIVe siècles. Paris, 1986. P. 222.
2 Giesey R. The Juristic Basis of the Dynastic Right to the French Throne//Transaction of the American Philosophical Society. Vol.51. Part 5. Philadelphia, 1961. P. 3-44.

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sew. His eldest son, a dauphin Karl, received Normandy and county Dofine and also the receipt for the sum of money for them. To the second son, Louis, in 1356 were allocated to Anjou and Man3, and Berry and a part of Auvergne in 1360 appeared in hands of the third, Ioanna4.

At last, as one more applicant the younger prince who divided with the father and defeat at Poitiers and all days of captivity - Philip Smely who as an apanazh received Burgundy acted. Eopolitichesky importance of Burgundy for the monarchy was defined by the fact that in 1032 this duchy coped a younger branch of the kapetingsky house and formally was the property of a crown. Beginning from Robert I Bezzemelny, the son Robert of Blagochestivogo5, this ducal house continuously and regularly proceeded up to November 21, 1361 - day of death of the last representative of the line, the duke Philippe de Rouvr (Firm). He died unexpectedly, at the age of 17 let6, from plague, being the only thing and besides the unmarried governor (only the daughter's groom the column of Flanders of Ludovic Malsqui of Margarita) 7.

The death of the young duke stopped Burgundian kapetingskuyu a dynasty branch that was unexpected and tragic, but is surmountable in terms of political combinations of inheritance. Especially as between Philip I's will dated 11 noyabrya8 and his death there passed 10 days, and it meant that the political elite of Burgundy and the king of France had sufficient time to define the further future of the duchy and to nominate the most probable candidates for Philippe de Rouvr's place. As for the Burgundian nobility, she did not manage to develop a consensus. The idea of John II to give to the Burgundian inheritance scope of a big political case was strategically incorrect. The policy of the king who is hardly approved in power upon return from the captivity did not include resolute actions. Eventually, Philip I's inheritance was considered as especially family business of the monarchy as it was talked of lands dinastii9.

As a basis Philip I's will rather one of essential, from the point of view of his author, conditions acted: "So, we order and we approve as lineal heirs of our lands as available now, and future whatever they were, those who by the right or the established custom are those now and those who can become those subsequently" 10. Therefore, expression of the last desire did not make difficulties for transfer of property to legitimate heirs. But a certain complexity was also that even at successful application of the will, business could appear in ab intestat situation. Existence spiritual Philip I did not act as the unconditional proof of a victory of the last will of the dead as it as a result made obligatory transfer of property according to the feudal principles, nipping any interpretation of applicants in the bud. The will prevented to challenge those lands which it also listed while behind each part of the duchy there was the experience inkorporatsii11. In other words, nobody could consider himself having the exclusive right to inherit all possession of the duke Philip.

At last, from instructions of the will the difficult process of law which, nevertheless, needed to be followed followed. According to it, everyone fyef, left to the dead (but only initial five were balyazhy: Oten, Monseni, Dijon, Shatiyon - on - Seong, Oksua and Shalon - on - the Sleepyhead), had to be considered and

3 Wood Ch.T. The French Apanages and the Capetian Monarchy, 1124-1328. Cambridge, 1966. P. 114.
4 Lacour R. Le Gouvernement de l’apanage de Jean, duc de Berry. Paris, 1934. P. 32.
5 Richard J. Les Ducs de Bourgogne et la formation du duché, du XI au XIV siècle. Paris, 1954. P. 215.
6 Geste des ducs Philippe et Jean de Bourgogne/Ed. K. de Lettenhove. Bruxelles, 1873. P. 233.
7 Annales de Bourgogne/Ed. P. du Haut-Jussé. Paris, 1938. P. 110.
8 Geste des ducs Philippe et Jean de Bourgogne... P. 233.
9 Livres des trahisons de France envers la Bourgogne/Ed. K. de Lettenhove. Bruxelles, 1873. P. 21.
10 Geste des ducs Philippe et Jean de Bourgogne.... P. 233-234.
11 Ibid.
to be discussed by

separately, considering a source of its origin and a condition of entry into structure gertsogstva12. For this purpose it was necessary to address the last owner having the legitimate heir. In each case it was necessary to develop rules which could be applicable or owing to the established right, or because of presence of the lineal heir. A traditional formula "The right or custom it is offered" finally did the will by formality.

The royalty, perhaps, would manage to find rather convincing arguments in an arsenal of the prerogatives to derive benefit from so opportunity and to transfer business to the category of norms private prava13. Ioann Dobry did not use this prospect - for taking by the duchy he made an attempt of its sorazdeleniye on separate parts.

For this purpose there were arguments: the inheritance was valid very big. It consisted of conglomerate of territories, each of which had the features. As the main component of set of the Burgundian lands actually the duchy initially acted. The pentarchy of its balyazhy mentioned above had considerable economic and geopolitical resources, doing Burgundy economically extremely important for France. Besides, the crown of the duchy was made Fransh-Conte, by Boulogne, Auvergne, Artua and lands in Champagne. But the expanded dynasty Kapetingov, with Valois's accession deeper and deeper dispersing on separate clans, extremely complicated transition of Burgundy to the king's hands without any reductions. Especially as part of them had absolutely legitimate reasons.

Philip Tverdy got the Counties of Boulogne and Auvergne from his mother, Zhanna Bulonskaya. Therefore as the descendant of the Boulogne house, on these two fyef it had the successor who had to it the senior uncle, - Ioann Bulonsky. The county Burgundian and Fransh-Conte, Artua and lands in Champagne had to return to Margarita Frantsuzskaya, Ludovic Flandrsqui and Neversky's widow, mother of the count Flandrsqui, Ludovic Malle (unaccomplished father-in-law Philippe de Rouvr) 14. In the duchy Ioann Dobry as the full-fledged successor of a dynasty Kapetingov in the male line, expected to have the same rights, as in the kingdom.

But it had one more competitor - Karl Zly, the king Navarre whose claims for a crown of the Burgundian dukes were so convincing that they could not meet weighty objections. John II and Karl Zloy, as one, and another, the rights in the female line as John was Zhanna's son had, Karl was Margarita's grandson, and both of them were Robert II Bourgoundsqui's daughters. On only one share, John II's rights were slightly big. But Margarita was more senior than Zhanna, and the custom of Burgundy was on the side of the king of Navarre. Philip I's will became for both kings a basis of their dispute (moreover, was not content with Carle Zla with a dispute only for the duchy: as the son-in-law of the duke of Burgundy, he challenged also intended to Margarita of the Burgundian earth Shampani15) as in this case the rule of transfer of property in the male line, unique both for the duchy, and for the kingdom worked. V itoge and Carle Zla, and Ioann Dobry proposed the candidature as legitimate heirs.

The dispute was fruitless for Karl. To his disappointment, the direct interests of his house were not directly taken into account in the will. Then in 1362 Karl Zloy decided to seize the Burgundian inheritance in arms, however received

12 Blanchard F.F. Les Généalogies des maistres des requestes ordinaries de l’hostel du roi. Paris, 1970. P. 244-245.
13 Beaune C. Coustume et pouvoir en France à la fin du Moyen Âge: les devises royals, vers 1400//Revue des Sciences. LV. 1981. P. 140-141.
14 Dupont-Ferrier G. Le Personnel de la cour ou chambre des aides de Paris des origines à 1483//Annuaire-Bulletin de la Société de l’Histoire de France. 1931. P. 219-256. Idem. Le Personnel de la cour du trésor//Annuaire-Bulletin de la Société de l'Histoire de France. 1935. P. 185-298.
15 Annales de Bourgogne. P. 115-116

firm repulse: in the spring of 1364 future konnetabl France Bertrand Du Gueclen broke navarrets in fight at Koshereli and forced their king to conclude mir16.

Actually all opponents of Karl Zly - Ioann Dobry, Ioann Bulonsky and Margarita Frantsuzskaya - united against him, and this union not least concerned the partition of Burgundy. The fact is that the personal rights of Karl to which the private law automatically referred began to contradict other personal prerogatives - the king. The only thing that it was possible to oppose to the owner of Navarre, are the rights of the monarch and the successor which he could not challenge in any way. Those were available owing to that circumstance that the daughter the column of Auvergne of Guillaume XII Zhanna Bulonskaya, Philip Tverdy's mother, in second marriage was married to the king Ioann. Therefore, the partition of Burgundy was supposed to be carried out without serious consequences and freely.

The most important role implementation of this plan was played by already mentioned senior uncle of the late duke, at the same time also the uncle of the king of France, Ioann Bulonsky. Its duties represented influential symbiosis from positions konnetablya, the head of royal council and the personal adviser to the king. He married the king-widower to the native niece, too the widow, Zhanna Bulonskaya. Its efforts were not disinterested as Ioann Bulonsky as Guillaume XII Overnsqui's brother, was a coheir of property younger plemyannika17.

In a situation when the king of France still was in the English captivity, with receiving news of Philip Tverdy's disease, Ioann Bulonsky went to Burgundy. He kept the monk informed of a situation that in case of approach of death at once to report about it, and at the same time directly on the place to take measures for settlement of inheritance in favor of Valois. For this reason the head of royal council consciously delayed the notification of a wide range of the nobility about Philip I's death. The official report on this event it reduced scores with Karl Zly as pointed to existence allegedly of the last direct will dying: "Our señores of council pointed to the duke nicknamed Tverdy that when it was asked to call the deputy that that protected called (property - S.P.) which will remain from the duke, he called the king Ioann" 18.

The return proof about which Ioann Dobry was immediately warned follows from date of the royal decree announced on royal council. According to rules of office-work of an era, these letters were dated only month, without number. In this case it was November. Philip Tverdy died the 21st that convincingly explains that haste with which it was necessary to send, make and publish decrees to keep within the remained nine days of November.

Sending to the courier's king for the courier, Ioann Bulonsky showed the unusual speed of actions in these events. Its plan was in at the same time to put both the population of Burgundy, and Karl Zly before the come true fact to calm the first and to neutralize the last. This concern forcing to hurry with resolute actions gave itself, in particular, during convocation of the remained vassals of the late duke, by tradition of Christmas appointed later.

Convocation could take place only on December 28, and in the same day Ioann Dobry was to Dijon, having honored with the presence provincial assembly of estates. Then it went to the cistercian abbey located south of the city the Sieve where on January 16 in the presence of coheirs it signed the act concerning Philip Tverdy's debts and his personal estate. At last, having visited Bohn, upon return the king charged to one of the adherents, the count Tankarville,

16 Luce S. Histoire de Bertrand du Guesclin et de son époque. Paris, 1876. P. 130-131.
17 Marshal-Verdoodt M. Nable des noms de personnes et de lieux mentionnés dans les plus ancient comptes de la recette générale de Philippe le Hardi, duc de Bourgogne (1383-1389). Madison, 1960. P. 92-93.
18 Annales de Bourgogne. P. 119-120.

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to be engaged in affairs of the duchy, having made him, thus, the deputy of Burgundy in the otsutstviye19. As a result even with reference to Philip I's will of a kutyuma of Burgundy and the right which could follow from them were not broken. Nobody or almost acted nobody as the advocate of the rights of Karl Zly.

However soon on arrival to Burgundy as the legitimate heir the king Ioann received repulse. Very respectful, but from it not less firm words were pronounced then, in December, 1361 on assembly of estates of Burgundy. They can be reduced to the following formula: the duchy intends to remain the duchy; it does not wish to be the royal province; it will not be included into the domain; on the basis of private law Burgundy should not be incorporated to the kingdom; annexation is impossible, as well as the general external borders. Success of the king, therefore, was not full, and consisted only in the personal union.

Current situation was typical and special at the same time. Burgundy was formed by dukes - Kapetingami. It explains the choice of Burgundians: while other fyefa cast in the lot with the center of the country, having become a part of the integrated domain, Burgundy refused incorporation.

To understand all demonstrativeness of these statements, it is necessary to address November royal decrees in which John II said the inheritance to Burgundy on the basis of the right of relationship, but with that amendment that the called duchy has to unite with France completely. Contrary to royal claims, the Burgundian assembly, thus, allowed Valois to inheritance, but openly opposed annexation in the royal domain.

As a result, despite all efforts, Ioann Dobry too late converted the duchy Burgundian in apanazh for Philip Smely: only to keep it on the typical conditions characteristic of former donations. Between royal decrees for November, 1361 and time of establishment of the Burgundian apanazh in January, 1363 the abyss lay. Why and how this turn was made and how it changed a royalty position on inaliennable territories? Of course, the reason is, mainly, in a position of Burgundians. They responded with objection about the separate status of the duchy to the idea of annexation announced by the king in his decrees, having demanded observance of the last. This objection, more or less legally accurate, but politically live, acted as the evidence of unity of Burgundy and its autonomy. Also the essence of the ordinance signed on January 15, 1363, but not published by John II about establishment in Burgundy of an apanazh on special conditions for a crown is same: "John, Grace of God king of France. Our signature in the present and also on the future we assure that after the death of the lightest son our Philip, the duke Bourgoundsqui, the duchy Burgundian, according to our rights and the general properties on the basis of the related right, without superiority of our crown, will be successfully accepted his successor, the duke Bourgoundsqui... our fortunate French crown, our wisdom and management of our house, uniform, concordant and unseparable" 20 are that.

In this case the Burgundian class union was promoted by two important factors: first, self-confidence of the king Ioann; secondly, political talent of his younger son.

The levity and self-confidence of the king were not something unexpected after the military and diplomatic defeats in Centenary war allowed by him. Elimination with the stroke of the pen of Bourgoundsqui's immunity the duchy conducted to a total failure of its full association with France. Inconsistent and sharp, in the December ordinances John one, but decisive miss allowed - it missed time. What could become possible at an application condition firm, but

19 Ibid.
20 Lettres Patentes. 1361 / / Mémoires de. Société pour l’histoire du droit et des institutions des anciens pays bourguignons: 2 vol. / Éd. Pocquet du Haut-Jussé. Vol.1. Dijon, 1936. P. 192.
allowing a compromise died

>, now was impracticable. Wishing to force the course of events, the monarch allowed a miss and was forced to obey to requirements of the Burgundian assembly.

As the duchy should be returned anew, Philip Smely found all completeness of powers of authority that promised it certain benefits. Except deserved, thanks to filial devotion, popularity, now it had an opportunity to prove in new quality of the politician. From a shadow in which it inevitably was as the younger son of the king, Philip took out ability consciously to direct realization of the ambitions. Already for the next day after signing of the ordinance the newly appeared duke had an opportunity to apply the talent for preparation of increment of Burgundy for a crown.

The fact is that Burgundian apanazh was not the typical, not burdened with conditions donation which was presented by the royalty. In this case situation was represented to others, more multi-stage so more difficult. Everything had to occur gradually and secretly: on Zh. Kalmet-ta trope, "Philip Smely did not want to be enough Burgundy, but would wish that she imperceptibly slid off in his hand" 21. Brave in the field of battle, but careful in peaceful life, Philip Smely was going to act with the maximum discretion. Perhaps, he was afraid that his eagerness will be noticed, and the situation which appeared before it was rather difficult and tangled and was that Philip could not inherit mechanically the duchy from the father's hands. As the indirect evidence of it serves the fact that after the ordinance of January 15, 1363 the duke did not make six months (!) attempts to come into the own. Only on June 27, 1363 it replaces the count Tankarville, but becomes, with a rank "lieutenant général", only the representative on behalf of the king. Several days later, July 3, the provincial assembly of Burgundy gathers in Dijon. This time rather successful dialogue between the future duke and his future citizens took place, the subsidies received by it from estates which Tankarvillyu22 was refused became pledge of what. The mystery of this delay remained that to the death of Ioann Dobry which followed on September 6, 1364 though already the ordinance of June 2 of the same year Philip was officially appointed the owner of the Burgundian apanazh that the duchy of a royal dynasty legally subordinated.

With what such amount of precautions was connected? It is necessary to add to quite clear fears of complications of contact of Philip with Burgundians also desire of the king to facilitate the relations of a dauphin of Karl with the younger brother. Anyway, the final act of June 2, 1364 showed the order the Burgundian inheritance at the same time as the evidence of respect for requirements of estates and as fair generosity of the monarch in relation to the younger son who endured with it all hardships of captivity. Thanks to Ioann Dobry's efforts Philip received the duchy before formally became his señor. Therefore John II intentionally proves change of the policy of 1361 and the secret act of 1363, successfully operating in resolutions of June, 1364 with the Latin wording of the evidence of authenticity - "vidimus" 23 (the term goes back to a formula "Quod vidimus testamur" - "We demonstrate to what was seen").

As a result to Ludovic Anjouysqui and Ioann Berriysky's apanazha, at last, it will be added Burgundian which owners will be Philip Smely's descendants up to death of the last of them, Karl Smely, in 1477. Certainly, in the conditions of further events of Centenary war Burgundy will provoke considerable danger by which the eldest son and John II's grandchildren will fully be influenced for a crown. But its accessory to the French crown will be a decisive factor.

21 Calmette J. Charles V. Paris, 1979. P. 174.
22 Calmette J. Les Grandes Ducs de Bourgogne. Paris, 1979. P. 117.
23 Lettres Patentes. 1364 / / Mémoires de Société... Vol.1. P. 211-214.


The article reveals the circumstances of the formation of the duchy of Burgundy as apanage of Valois dynasty in the ini-S.A. POLSKAYA tial phase of the Hundred Years War, and analyzes the fea-

tures of the legal and political position of the monarchy and Stavropol State University estates of Burgundy in addressing the status of the duchy

in the kingdom of France.


Jennifer Washington
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