on the treaty of Conflans between us and him, and also on
the treaty of peace made at Arras between our late lord and
father and the late Philip, Duke of Burgundy, insomuch, that
we were ready to have recourse to arms on both sides, and that
the subjects of neither party durst converse with those of
the other; to prevent, therefore, an open rupture, we thought
fit to send our ambassadors first to them in Vermandois; and
afterwards the treaty being transferred to Peronne, here, to
prevent all the mischiefs and inconveniences that might ensue,
we do, in the most solemn manner, make, conclude, and promise
a firm, solemn peace, friendship, and amity, and we will
always observe the treaty of Arras, with the contents thereof,
as also the said treaty, and all that is contained therein
in reference to our cousin and brother the Duke of Burgundy,
and all the donations and transfers we have then and since
made to him. And we also promise and swear to observe all the
provisions and answers made to his grievances, complaints,
and requests hereafter specified. And notwithstanding this
present treaty of peace, and the things contained in those
of Arras and Conflans, we do freely consent that our said
brother and cousin shall observe all the alliances, and also
the treaty of truce and intercourse of trade with Edward our
enemy and the kingdom of England; but yet so as that our said
brother shall give no assistance to the English in invading
our kingdom and dominions. And by this peace we do declare
that no satisfaction shall be demanded and insisted for any
damages, hostilities, &c., on either side; but that whatever
places, lordships, heritages and possessions, have been seized
and occupied, shall be fully restored, and the owners may
re-enter without any form or process of law. More particularly,
we do, at the request of our said brother and cousin, consent
that the places, castles, towns, and territories taken by us
in the counties of Beaugé, the country of Bresse, and other
lands and signiories appertaining to him and his subjects,
shall be surrendered to him; and his subjects that are captive
shall be freely set at liberty; and the said Duke of Savoy,
our dear sister the Duchess of Savoy, the Bishop of Geneva,
the said Philip of Savoy, the Lord of Romont, and other allies
of the Duke of Burgundy, their subjects and adherents, shall
be comprehended in this treaty, if they are minded, within a
year’s notification; and if they are not, the present treaty
shall be valid; and, with those of Arras and Conflans, so far
as this last concerns us and our said brother of Burgundy,
shall neither be directly nor indirectly contravened by us, but
we shall put our said brother into the peaceable possession
and enjoyment of the things declared and contained in the said
treaty, and execute, on our part, instruments of the gifts and
transfers specified therein, according to the form and tenor
of these presents. And we do consent and agree to acquit the
subjects and vassals of their homage and services to us, by
reason of the duchy, counties, countries, lands, and signiories
which the said duke, his heirs, &c., held or shall hereafter
hold of us, by reason of our crown and kingdom; and we shall
not only faithfully and religiously observe and maintain the
peace, and fulfil it in every particular, but we do consent
that the princes of our blood shall promise and swear to
preserve it, and that each and every of them shall assist our
said brother against us, if we infringe the same, &c.
Here follow the grievances, remonstrances, and requests of the
Duke of Burgundy, with the concessions and answers of the king
to them.
1. As to the fiefs and homages of the county of Ponthieu,
and others on both sides of the Somme, and of the three
provostships of Vimeux, Beauvoisis, and Toullois, transferred
to the king; these fiefs and homages have been made to appear
to belong to the duke for several reasons; and, therefore it is
desired the king would leave him in the peaceable enjoyment of
the said rights, and that he may have power to force those to
it who are refractory.
“It is answered on the king’s part, that he declares the said
fiefs and homages to appertain to the duke, in the same manner
as the other things contained in the said transfer; and that
the vassals, who have not yet taken the oath of allegiance and
done homage, shall do it in the usual manner, pursuant to the
nature of the fief, still reserving the king’s rights, who
shall grant his letters patent to discharge the vassals of
their oaths and homages, upon the account of the said lands;
and all his officers shall be commanded to do nothing that may
hinder the same.”
2. As to the taxes and aids of the said provostships, wherein
some of the king’s officers have caused some interruptions; and
that withal William Lamoureux has been made assessor-general of
these provostships by the king, and thereby disappointed the
assessor of Amiens, contrary to the form of these transfers;
it is remonstrated to the king, that he would be pleased to
remove those lets and hindrances occasioned by the lances, gens
d’armes, and free-archers in the same provostships, and that
the said assessor be restored to his office.
“The duke shall enjoy the said provostships and all the profits
of them, and also the royal rights, in the same manner and
form as he ought to enjoy the royal provostships upon the said
river on the side of Amiens. Those taxes also for lances,
free-archers, and other soldiers, shall cease, and none
demanded on the king’s part; and the assessor-general of Amiens
shall be nominated by the duke, and approved of by the king;
and hereafter the king shall grant his letters patent in due
form, that the said aids be given without delay or difficulty.”
3. As to the business of the granary of Grand-Villiers
depending on the said transfers, it is remonstrated, that all
violences, impediments, and troubles, done and given in respect
to them, by the king’s officers, as well upon the solicitation
of the people of Beauvais or otherwise, may be removed and
cease for the future.
“Agreed to on the king’s part.”
4. As to the lands and signiories of Mortagne, transferred to
the duke, his ambassadors remonstrate against the troubles and
vexations given the duke’s officers by the Bailiff of Tournay,
of the Tournesis, and others, and desire they may be commanded
to deport themselves peaceably, according to the treaty of
Arras, and the king’s letters patent granted in that behalf.
“The duke shall enjoy those lands, and nominate his officers,
who shall be approved of by the king; and the Bailiff of
Tournay, &c., shall behave himself according to the treaty of
Arras, and the letters patent.”
5. The king and the Duke of Burgundy being at Villiers-le-Bel,
it was desired that the salt of Salins should be vended in
Mâconnois, to which the king consented, upon condition the
damage did not exceed 4000 francs: it was remonstrated upon
this, that in pursuance of the said gift, and with regard to
ancient usage, the salt of Salins had been always vended in
Mâconnois, and that there the gabel of salt ought to belong to
the duke by the treaty of Arras, &c.; therefore, it was desired
that the king would allow of the vending of the said salt in
Mâconnois, and to prevent that of the salt of Pequeis, for
which toll shall be received at Pont St. Esprit, or elsewhere,
to the king’s use; and that reparation might be made to the
duke for the damage he had sustained since the treaty of Arras,
in the not receiving the said toll, amounting to above 100,000
francs.
“The king allows the duke salt granaries in the county of Mâcon
and the country of Mâconnois, and in the places and royal towns
included therein, for him, his heirs, &c.”
6. As for the foreign imposition which ought to be raised on
the frontiers of the king, and by the treaty of Arras should
appertain to the duke in his own territories: first, the
duke is disturbed in receiving the said duty; secondly, they
would have him levy it in unusual places, and the merchants
are obliged to give securities in an unusual form, and even
the king’s officers, which is very strange, take upon them to
receive the said impositions from the goods and merchandises
which are carried into the country of Burgundy, Bar-sur-Seine,
Auxerrois, Artois, and those territories transferred to the
duke, as if they were the territories of the empire; or where
the tolls were not levied, especially in Auxerrois, upon goods
belonging to those of the said county, and brought thither from
the neighbouring countries; wherefore the said innovation is
desired to be laid aside, and that the duke may enjoy his right
pursuant to the said treaty, and that merchants be not obliged
to give security any otherwise than according to ancient usage.
“The king is content that merchants give security, as to
foreign duty, according to ancient usage; that is, to vend
their goods in any part of the kingdom, where the aids have
their course on the king’s part. Suppose, then, that the duke,
by the king’s grant, takes those aids to his own use, without
giving security that the said goods shall be sold, and vended
in the provinces of the kingdom, where the said aids have
their course, as in the country of Artois, and also in others
belonging, and made over by the treaty of Arras, or otherwise,
to the said duke, without any fraud; yet if hereafter it should
appear, that that was not the ancient way of giving security,
the whole will be reduced to the manner and form prescribed by
the ancient royal ordinances, or other usages. In like manner
as to the duchy of Burgundy, wherein the duke pretends the
like innovations have been practised, the king and duke shall
depute each a commissioner to inquire into the state of those
ordinances, and the truth of the fact; and shall regulate the
differences as seems most consonant to reason, and that within
a year: upon which all troubles and innovations shall cease,
and the duke enjoy his rights as to the said foreign imposition
in those parts of the kingdom transferred to him by the treaty
of Arras. And all demands from the subjects of the said duke in
his towns of Arras, St. Omer, Hesdin, Terouenne, Auxerre, and
others, in reference to their giving the said security, shall
cease, and be no manner of charge to them. Moreover, all law
proceedings shall cease upon the said account above mentioned,
till the commissioners have decided the said differences, and
wholly without prejudice to the king and the duke’s right; and
as to the rights of highways, which are of another nature, the
commissioners hereafter named shall have power to order things
in favour of the duke, pursuant to the treaty of Arras, in and
throughout all the royal territories, and also in the lands on
both sides the Somme transferred to the duke by the king.”
7. As to the limits of the duchy of Burgundy, and also the
other towns and villages of the counties of Mâconnois,
Auxerrois, and Bar-sur-Seine, which the duke does not entirely
enjoy, nor in the manner he ought, according to the form of the
said treaty, the said ambassadors insist he may be put into the
peaceable possession of the said towns, villages, and other
rights conveyed to him by the said treaty, that he may enjoy
the profits of them, and that satisfaction be made to him in
reference to the profits received by the king’s officers, since
the time they were transferred, and stoppage had been made of
them; and to this end the said ambassadors require that four
commissioners be appointed—viz., two on either side, who shall
be empowered to go to such places on the duke’s account, in
order to inform themselves fully concerning his pretensions, if
information has not already been given, and thereupon make a
declaration of the rights of the said duke, that he may really,
and out of hand, enjoy the same, according to the form of the
said treaty of Arras, without any farther process or law-suit,
on remitting the same to the cognizance of the king, or any of
his officers.
“The king is content, on his part, to appoint four
commissioners to decide the matters in dispute, with as many
nominated by the duke; and if these eight cannot do it, it
shall be left to three on each side; and if these cannot effect
the matter, each party shall appoint two, who shall determine
the differences, according to the form prescribed in the said
article.”
8. As to the troubles and molestations given about the
granaries belonging to the duke by the said treaty of Arras,
and the restraint put upon several of his subjects in the
country of Burgundy, Mâconnois, Charolois, Bar-sur-Seine, and
Auxerrois, to take salt elsewhere than from the said granaries,
contrary to the form of the said treaty of Arras, to his great
detriment, the ambassadors desire these grievances may likewise
be effectually redressed.
“The king fully agrees to this, and commissioners may be
appointed to inquire into the defaults, and redress them as in
the preceding article.”
9. The ambassadors farther remonstrate about some lands,
places, and villages, situate in the bailiwicks and
jurisdictions of Mâconnois and St. Gengon, and some others in
the county of Auxerrois, and others of Bar-sur-Seine, belonging
to the said duke by the treaty of Arras, the enjoyment of which
has been denied him.
“The king from henceforward declares, that the duke shall enjoy
the villages and jurisdictions in the bailiwicks of Mâcon and
St. Gengon, and also the jurisdictions and villages of Auxerre
and Bar-sur-Seine, according to the contents of the treaty of
Arras, notwithstanding any obstructions to the contrary: and to
this end the said eight commissioners, the six, or the four,
in the manner above declared, shall be empowered by the king
and duke to hear, examine, and determine things equitably,
according to the treaty of Arras, and in the same manner and
form as is set down in the eighth article aforegoing, and the
answer made thereunto.”
10. Item, the said Duke of Burgundy is also opposed and
molested in the enjoyment of several fiefs and homages
belonging to him, by virtue of the said treaty, in the said
counties and bailiwicks of Mâcon, St. Gengon, and Auxerre, and
their jurisdictions, especially of the counties of Beauvillois,
which ought to belong to the bailiwick of Mâcon, of all which
the said ambassadors demand redress.
“The king is willing to grant it, and it is left to
commissioners to determine it, pursuant to the eighth article,
and the answer to it.”
11. And as to other points or articles contained and declared
in the said treaty of Arras, the ambassadors demand, in the
duke’s name, that those which shall be found unaccomplished or
impeded, and such as the duke has had no cognizance of, shall
be decided by the said commissioners as aforesaid, without any
farther contradictions or appeals.
“It is answered, that, to put an end, as soon as possible,
to all differences concerning the said treaty of Arras and
its dependencies, the eight, six, or four commissioners as
aforesaid, shall have full power to examine strictly into
the same, and by viewing the places, and without any process
or form of law, to decide, determine, and execute what they
think most just, by putting the said duke into the possession
of whatever they find to belong to him, by virtue of the
said treaty, notwithstanding any contradictions or appeals
whatsoever; and shall promise from thenceforward to acquiesce
with the same.”
12. The third chief point concerns things appertaining to the
said duke, upon the account of his lordships, both within and
without the kingdom.
And, in the first place, as to the limits of the kingdom, the
county of Burgundy, and the territories under the jurisdiction
of St. Laurence, the said ambassadors remonstrate for a
determination of the same, and that such an equal number of
commissioners be appointed on both sides to judge and determine
the said differences without any farther review of the same;
and notwithstanding any contradiction or appeal whatsoever.
“The king agrees, that eight commissioners be appointed—viz.,
four on each side—finally to adjudge and determine the said
differences.”
13. As for the limits of the countries and territories
appertaining to the duke, which adjoin to the counties of
Flanders and Artois, and other territories of the kingdom,
concerning any law-suit that has been commenced by any private
persons in the court of parliament; the said ambassadors move,
that the king would please to suspend the same for the space
of twelve years, that so a way may be found for deciding it
without the form of a process, and with the least expense.
“The king is content to suspend such proceedings for eight
years; but yet without prejudicing or derogating from the
right of jurisdiction, which may or ought to belong to him; or
that the said suspension should give any possession, or other
advantage, contrary to the rights of the king or the said duke;
and the matter shall be left to the decision of commissioners.”
14. The said ambassadors complain of the grievances occasioned
by appeals lodged against the determinations and judgments
of the four principal laws of Flanders, against the laws
and privileges of the said country, and thereby manifestly
disturbing the said duke in his rights. Redress is also
required in matters of traffic, upon which the country of
Flanders principally depends.
“The first part of this article the king fully agrees
to—nothing is said of the last clause.”
15. It is remonstrated, that, pursuant to the rights of the
country of Flanders, the court of parliament ought to receive
no appeals from other laws and judges of Flanders, _omisso
medio_; for the resort ought first to belong to the duke, and
he ought not to be obliged to have recourse for a review to the
said court, as they do in other countries of the kingdom; for
relief ought not to be given the subjects of Flanders in case
of an appeal, if the appeal does not immediately precede the
sentence of the count, or his council in Flanders; and to this
end the king is desired to grant him his letters patent in due
form.
“The contents of this article he agrees to, pursuant to the
custom of the country.”
16. They farther remonstrate against the troubles and
impediments met with in appeals made in causes within the
jurisdiction, lands and chastellanies of Lille, Douay,
and Orchies, in the council-chamber of Flanders, against
all reason, and of which the duke has been in peaceable
possession for a long time, except that short space wherein
any contradiction has been made; and that the said impediments
may cease, seeing the said chastellanies continually belonged
to the county of Flanders; and since the king held them upon
the contract of the marriage of the great Duke Philip, great
grandfather of the present duke, they were re-united to the
county of Flanders; so that the duke may hold them alone in
fief with the said county.
“Agreed to by the king.”
17. Seeing that neither the king nor his court of parliament
have any right, but the duke and his grand council, to take
cognizance of the causes of his subjects within the kingdom in
the empire; and that, on the contrary, considering that appeals
are not thereby hindered, the ambassadors desire there may be
no trouble given therein, either by the king or his officers;
and that the jurisdiction, sovereignty and other rights, both
of the king and duke, may be preserved.
“The king is content, that the duke or his great council
take cognizance of the causes of his countries and subjects
within the kingdom, in the empire; saving the exception of the
parties, and of those of the empire or kingdom, and the whole
done without prejudice to the sovereignty and jurisdiction
of the king, in relation to the kingdom, and the right and
sovereignties belonging to the duke in reference to the empire;
and this agreement shall last as long as the king and duke
live.”
18. As to the 4000 livres yearly rent, belonging to the duke
upon the account of his predecessors the Earls of Hainault and
Ostervant, upon the revenue of Vermandois, appertaining to the
king, and of which there are great arrears, the ambassadors
demand both the rent and the arrears.
“The said commissioners shall settle that matter, and do the
duke justice.”
19. The ambassadors also complain of the restraint put upon the
duke’s subjects and servants—some of them being natives of his
county of Burgundy, in his territories without the kingdom;
others of the duchy of Burgundy, and other territories of
the duke’s—by obliging them to take new and unusual oaths to
serve the king against all persons whatsoever, and especially
against the said duke, without any regard had to their being
his vassals; and upon their delaying to do it, though they were
ready to take the oath of allegiance in the usual form, and to
serve according to the nature and quality of their fiefs; yet
Monsieur de Chastillon and other of the king’s officers have
proceeded against them very irregularly and unjustly, as well
by seizing their lands and lordships, and receiving the profits
thereof, and committing outrages in some of the said lands as
in an enemy’s country, as by confiscation of body and goods,
and the said profits they have applied to their own use: nay,
which is still more, the said Chastillon has proceeded against
the duke himself, upon account of the signiory of Fouvants,
which belongs to him.
“The contents of this and the following 21st, 22nd, 23rd, and
24th articles, the king is willing to redress fully for the
future; restitution shall be made of the profits aforesaid,
and the king will appoint a commissioner to see reparation
duly made. All prisoners shall be freely released, and free
egress and ingress given to the duke’s subjects. The king also
consents that the vassals and subjects of the said duke living
and residing in his dominions, as also his domestic servants,
who have lands, fiefs, and lordships in his kingdom, upon the
account of which they are bound to certain military services
when the king issues out his general mandate for the defence
of his person, shall not be obliged to serve in person, but
find others, more or less in number, as the tenure requires, in
their stead.”
20. Again, M. de Chastillon and others have driven some
ecclesiastics out of Langres, that have livings there, by
reason of their being natives of the duke’s dominions; and
publicly enjoined them and other natives not to reside on those
benefices, nor elsewhere in the kingdom.
“The king agrees fully to redress this grievance.”
21. The said M. de Chastillon and others of the king’s officers
have seized the goods of the inhabitants of Valenciennes at the
fairs of Rheims, and of other considerable merchants, subjects
and servants of the said duke; namely, M. de Ternant, William
de Villiers, M. Jean Jacqueling, the receiver of Auxerrois,
Jean Gormont, and others, who have had no reparation made them
for their losses. In like manner with them the king’s officers
without any cause have seized M. Jean de Janly, the duke’s
envoy to the Duke of Calabria and the King of Arragon.
“The same answer given to this as to the 20th article
aforegoing.”
22. The ambassadors demand that such novel and unreasonable
constraints may be no more practised; that the seizing of the
lands of the duke’s subjects may be entirely discontinued, so
as that they may peaceably enjoy the same as formerly, and
have restitution made them for the profits, and also that the
ecclesiastics of Langres may be satisfied.
“Agreed to as the last.”
23. In like manner an entire restitution is required of the
goods taken from the duke’s subjects in Holland, Zealand,
Brabant, and Flanders, of which the said subjects have lately
made grievous complaints for redress, and the liberty of those
who are imprisoned; and withal, that letters patent might be
granted, that disorders and hostilities may not be practised
for the future; the subjects of the said duke having been
interrupted in their herring fishery, as well those of Holland,
Zealand, and Brabant, as those of Flanders and Boulogne, to
their great damage; and therefore they desire the king’s passes
to secure them for the future, upon producing of which they may
proceed unmolested.
“Answered as the last article.”
24. The ambassadors set forth, that the gifts made the duke by
the king of the revenue of Chastel-Chinon for six years, and
which he did not enjoy above a year or two, may be restored to
him for that term.
“This the king fully agrees to.”
25. The king, for very good causes and considerations, is
desired to cancel those causes that are depending in his court
of parliament between Jean Boutilhac, and Christian and Jean
de Digonne, both brothers, which were commenced in the time of
the troubles, and by the duke’s order, M. Jacques de la Galee,
Messieurs de Lalain, and de Montigny, Gerard le Febvre, and the
people of Bruges, and the king’s proctor, joined in the said
causes to bring them before him; and afterwards pursuant to the
abolition made at Conflans, and the contents of the letters
patent formerly granted by the king thereupon, to maintain the
said letters of abolition.
“The king is willing to cancel the causes above said before
himself and council, or the commissioners appointed for the
universal reformation of justice through the kingdom, of
whom the Chancellor of France is one. And as to the affair
of Boutilhac and the king’s proctor against the Digonnes,
Boutilhac and the proctor shall be silenced; then for Lalain,
seeing the said causes have a relation to the business of the
limits above mentioned, in respect to which a stop had been
made to the re-delivery of their goods seized and detained
upon that occasion, these goods which are in the hands of
commissioners or others deputed by them, they shall peaceably
enjoy, till the dispute about the limits shall be decided by
the said commissioners in the form aforesaid, provided that
they and all their goods shall be liable to the making good,
on their part, the sentence given by the said commissioners in
that behalf. And as for the interposition of appeals by Gerard
Febvre, and others, from the judgments and sentences of the
said court of Bruges, they shall be of no effect.”
26. The king is desired to inhibit De Torcy, his heirs, &c.,
for ever to prosecute a certain decree obtained by him against
the late M. de Saveuse, contrary to the tenor of the treaty of
Arras; which decree after it was made, had a stop put to it
till the death of the late king, and by the king now being, for
fifteen years, commencing from that of sixty.
“The said suspension of fifteen years the king is willing shall
be observed, and that after the expiration of the said term,
the execution of the said decree shall be suspended for twenty
years longer, still with a salvo to the king and the duke’s
rights from thenceforwards, and for the twenty years past.”
27. The ambassadors cannot also but remonstrate against the
denial of mandates in case of appeal and other points of
justice to the duke’s officers and subjects, and even when
his officers have appealed and demanded security for the
preservation of his right and signiory.
“The king will command speedy and strict justice to be done,
and all mandates in cases of appeal or otherwise shall be
granted without hesitation; so that it may be evident to all
men that he is desirous to do right to the duke’s subjects.”
28. The ambassadors desire the king would let the duke enjoy
the lands, signiories and rights made over to him, and to let
him have instruments of ratification, by which all impediments
to the contrary shall be declared null and of no effect.
“This the king assents to in the full extent of it.”
29. The ambassadors demand reparation of damages for himself
and subjects during the troubles, which by a moderate
computation amount to above 200,000 crowns in gold.
“The king is willing to make reparation, but expects the same
on the part of the duke.”
30. The king is desired to prohibit the Bailiff of Gens for
the future to receive appeals, and to grant relief in cases of
appeals by the subjects of the duchy of Burgundy; forasmuch
as that duchy is the first peerage of France, and therefore
the duke and his subjects ought to appeal nowhere but to the
parliament, if they think fit.
“The king agrees to this article.”
31. The bailiff, judges and officers of the said duke in that
duchy, ought not for the future to be hindered from taking
cognizance of the subjects of the said duchy, under pretence
that they are burghers of Ville-neuve-le-Roy; and the Bailiff
of Gens and all others should be forbidden to grant protections
to the subjects of the said duke in his duchy, under pretence
of that burghership.
“The king agrees also to this.”
32. The king is desired to grant letters patent, and in them
to declare that all executions made by virtue of the seal of
the said duchy, shall take place according and pursuant to the
privileges of the said seal, and notwithstanding any appeals,
and without prejudicing the same.
“The king agrees to this article.”
33. All complaints made in respect to innovations, which shall
be exhibited by the said duke in his said duchy and his other
territories, or by the judges of those countries who may
and are wont to offer those complaints, ought really to be
redressed, notwithstanding any appeals, &c.
“This the king allows of.”
34. Though the villages of Desgrandes, Mallay St. Guillain,
Ducray, and other adjacent ones, are directly in the duchy of
Burgundy, appertaining to the said duke, and belonging to the
bailiwick of Destun; yet the king’s officers have attempted to
make them to belong to Lyons, as well in point of jurisdiction
as in the matter of taxes, to the prejudice of the said duke,
and also contrary to the treaty of Arras, by which all the
profits and royal rights in the bailiwicks of Mâcon and St.
Gengon ought to belong to the said duke; for if the king had
any right to the said villages, it must be upon the account of
the said bailiwicks of Mâcon and St. Gengon only; and for the
late duke, he complained of it to the late King Charles, and
since to the present king; and was informed that M. Guichard
Bastier, Chief-judge of Lyons, should inquire into the matter
of fact, and there determine it. Nevertheless, the said
ambassadors require that the said information may be reviewed
and examined by the said commissioners, who shall be appointed
to transact the other matters above mentioned, and so as to
reinstate the said duke in the possession of the said villages
whereof he has been deprived wrongfully and without any just
cause; in case that information be sufficient to do it, or
otherwise the commissioners shall decide it in the manner
aforesaid.
“The king agrees to this article in all the parts of it.”
35. And in case there are any articles that cannot presently be
executed, but that it shall be necessary that they should be
examined and determined by commissioners, whom the king and the
duke shall appoint, and that in order to this a convenient time
be also assigned; and that it may so happen that though the
said commissioners have not full power from the king and the
duke to determine the things left to their cognizance: insomuch
that the said matters may be delayed through the difficulties
which may occur, as well in respect to the knowing, as making
a declaration of the rights of the parties; let the king and
the duke, if they are so pleased, expedite their powers,
by which both sides shall agree, that, in case the said
commissioners cannot accord, they may choose an umpire, an
able man, who cannot be suspected of partiality, to whom they
shall declare and impart their difficulties and differences;
and when he shall be fully instructed in the whole affair,
he shall declare his opinion according to his conscience,
and without any favour or affection. And so the matter shall
be adjudged and determined, according to the advice of those
the said commissioners who shall be of the umpire’s opinion,
notwithstanding the opposition of the rest, with a salvo always
to the greatest and soundest part in number of persons and
opinions of the said commissioners, by whose advice the matter
shall be determined as effectually as if all the commissioners
had agreed to it. And in case the said commissioners shall
not be able to agree among themselves about the choice of an
umpire, those on the king’s side shall be obliged to name two
worthy persons, and the duke’s commissioners as many, neither
of whom shall be natives, or the subjects of either of them,
nor suspected of partiality; out of which four, one shall be
chosen by lot, who shall be the umpire, to decide the matter as
aforesaid; and if the commissioners who shall be appointed by
the king do not agree in the choice of an umpire as aforesaid,
in that case the duke’s commissioners may do it without them.
And, on the contrary, if the said commissioners of the duke do
not agree to it, those of the king’s may in like manner do it
without them. And that choice, together with the king’s which,
by virtue thereof, shall be made, shall be as valid as if done
by the commissioners on both sides by common consent; and the
said commissioners on one side may proceed in the said affair,
by default, and upon the refusal of the commissioners on the
other side, and act with the said umpire, in the same manner as
if all the commissioners were together. And all that shall be
determined, done, and executed, in the things aforesaid, shall
remain firm and valid for ever; and that the said commissioners
and every of them shall swear solemnly that they will take care
of, attend, and manage the said affairs as aforesaid, and have
a very strict regard to the right of each part, and proceed
therein without interruption or delay, and without alleging any
excuse, unless in case of death or sickness. And in case of an
excuse as aforesaid, the commissioner, whose business it is,
shall appoint one to act in his stead, who shall proceed with
the rest in the same form and manner as above directed.
“The king agrees to the contents of this article.”
[The conclusion and ratification of this treaty being matters
of form, we omit them.]
CH. X.—How the King accompanied the Duke of Burgundy in his Expedition
against the Liegeois, who were formerly his Allies.—1468.
After the conclusion of the peace, the King and the Duke of Burgundy
set out the next morning for Cambray[250], and from thence towards the
country of Liege: it was the beginning of winter, and the weather very
bad. The king had with him only his Scotch guards and a small body of
his standing forces; but he ordered 300 of his men-at-arms to join him.
The duke’s army marched in two columns; one was commanded by the Marshal
of Burgundy (of whom I have spoken before), and with him were all the
Burgundians, the above-mentioned nobility of Savoy, and a great number
of forces out of Hainault, Luxembourg, Namur, and Limburg; the other
body was led by the duke himself. When they came near the city of Liege,
a council of war was held in the duke’s presence, in which it was the
opinion of some of the officers, that part of the army should march back,
since the gates and walls of that city had been demolished the year
before, and no hopes were left them of being relieved; for the king was
with us in person, and had made some overtures for them, which was almost
as much as was demanded of them: but the duke was not at all pleased
with this proposition, and it was well he was not, for never prince was
nearer his ruin, and it was only his suspicion of the king which was the
occasion of his rejecting it. Certainly they who proposed it, out of an
opinion of their too great strength, were very ill-advised; it was a
great instance of their folly or pride, and I have often heard of such
counsel having been given, but it was always by such officers as were
either ignorant of what was fit to be done, or such as had a mind to be
esteemed for their courage; but our king (whom God pardon!) understood
an affair of this nature excellently well. He was slow and timorous in
undertaking any action of importance, but when once he had begun, he
provided so well, that it was hardly possible for his designs to miscarry.
The Marshal of Burgundy was ordered with the brigade under his command,
to advance before us, and possess himself of the city; if he was refused
entrance, he was ordered to force it if he could, for there were already
several deputies from the city coming and going about an accommodation.
The marshal advanced as far as Namur, and the king and duke arriving
the next day[251], he removed and marched on. As soon as he approached
the city, the poor inconsiderate citizens made a sally, but were easily
defeated (at least a good part of them), and the rest retired. During
this confusion in the town, the bishop made his escape, and came to our
army. There was at that time a legate[252] sent from the Pope[253] to
pacify their disputes, and to inquire into the difference between the
bishop and the people; for they remained still under excommunication
for the above-mentioned reasons and offences. This legate exceeding his
commission, and hoping to make himself bishop of that city, favoured the
people, advised them to take arms, and to stand upon their defence, and
other foolish counsels he gave them besides: but finding what danger the
town was in, he endeavoured to make his escape, and got away with his
whole train (consisting of five and twenty persons very well mounted);
but they were all retaken. The duke having notice of it, sent word to
those who had taken him, that they should carry him somewhere out of the
way (without acquainting him with it), and make him pay as great a ransom
for his liberty as they could get; because if it came publicly to his
knowledge, the honour he was obliged to pay to the apostolic see would
not suffer him to detain him a prisoner. They could not take his advice,
but fell out among themselves, and some who pretended to a share, coming
to the duke with their complaints, as he was sitting publicly at dinner,
he sent to have the legate delivered into his hands, took him from them,
showed him abundance of respect, and treated him very honourably. The
great body of forces which were in the vanguard, under the command of
the Marshal of Burgundy and the Lord of Humbercourt, presuming they
should carry their point, marched directly to the city, and (moved by
their avarice), they thought it better to plunder it, than to accept of
a treaty which was offered: supposing there was no necessity of staying
for the king (who was seven or eight leagues behind), they advanced until
just about night they arrived at the suburbs, into which they entered
in a part that led directly to one of the gates which had been lately
repaired by the citizens; some parley there passed between them, but
nothing was concluded on. Night came upon them, and it grew very dark
before they had taken up their quarters; so that not knowing where to
dispose themselves, they were in great disorder; some walked up and down,
others called out for their masters, their comrades, and their captains.
Monsieur Jehan de Vilde and other officers in the town, perceiving their
folly and confusion, took courage, and (the inconvenience of having had
their walls thrown down being now of great advantage to them), they
sallied through the ruins and out of the breaches in the walls as they
pleased upon those who were in the front; but they attacked the pages
and servants (who were left with the horses at the farther end of the
suburbs, where they entered) by the way of the vineyards and hillocks,
and slew many of them, but a greater number fled (for the night knows no
shame): in short, they attacked us so vigorously, that in this action
they slew above 800 men, of whom 100 were men-at-arms. But the wiser
and more courageous of that vanguard kept themselves together in a body
(the greatest part of them being men-at-arms and persons of good family),
and marched up with their colours directly to the gate, imagining if
there was a sally, it would be that way. A continued rain had made the
ways prodigiously miry, and the men-at-arms being dismounted, stood up
to their ancles in mud and dirt. All the inhabitants that remained in
the town resolved to make a general sally at once, and with great shouts
and a vast number of torches, they were marching through the gate, when
our men (who were not far off, and had four good pieces of cannon with
them), fired up the street among them two or three times, and made such
a slaughter that they retired out of the suburbs, and shut up their
gates. Whilst this dispute lasted in the suburbs, those who had sallied
by the walls, being near the town, had got together some few carts and
waggons, with which they fortified themselves, and reposed (though but
indifferently, for they continued out of the town from two o’clock in the
morning till six): but as soon as the day began to break, and we were
able to discover where they lay, we immediately repulsed them. In this
action, Monsieur Jehan de Vilde was wounded, and died in the town two
days after, and two or three officers of note besides.
CH. XI.—Of the King’s Arrival in person with the Duke of Burgundy
before the City of Liege.—1468.
Though sallies out of a town are sometimes necessary, yet they are very
dangerous, and of ill consequence to the besieged; since ten men are
a greater loss to them than a hundred to the besiegers, because their
number is less, and they cannot be recruited as they please; besides they
may happen to lose their governor, or some other considerable officer,
for want of whose conduct, not being able to make any longer defence,
they may be forced to surrender the town immediately. The news of this
action was presently brought to the duke, who was in his quarters about
four or five leagues from the city. At first the whole body was reported
to be cut off; however, the duke mounted, and ordered all the forces that
were with him to march immediately, commanding that the news of this
action should be kept secret from the king. In our approach to another
part of the town, we had intelligence that all was well, that there were
not so many slain as was at first supposed, and that among them there was
not any person of note but one Monsieur de Sergine, a Flemish knight.
At the same time we were informed, that the gentlemen and officers that
were left of the vanguard were in great distress and want of provisions,
having been upon very hard duty all night long and upon their feet in the
dirt and mire at the very gates of the town; that some of the infantry
who had fled, and were returned, were so dispirited and out of heart,
that no great exploit could be expected from them; and therefore they
desired the duke, for God’s sake, to march up with all diligence to
their post, which would oblige the enemy to divide their forces, and not
lie with their whole garrison upon them. They pressed in like manner
for supplies of provisions, for they had not one morsel left to subsist
on. The duke immediately sent them what provisions could be got, under
a convoy of 300 horse, to comfort and encourage them; and it was time,
for none of them, except a few that had brought some wine with them,
had either eaten or drunk anything for two or three days and a night,
and to mend the matter, they had the hardest weather in the world. On
their side it was impossible to enter, unless the duke gave the garrison
a diversion. They had abundance of men wounded, and among the rest the
Prince of Orange[254] (whom I had forgotten to name), who gave signal
proofs of his courage and conduct, and would not stir from his post
during the whole time. The Lords du Lau and d’Urfé behaved themselves
very gallantly also, though above 2000 men deserted and ran away from
them in the night.
It was almost night when the duke received this last intelligence, and
having despatched the above-mentioned supplies, he returned to his
standard to give a full relation to the king, who seemed to be extremely
pleased, for the contrary would have proved much to his prejudice. It
was not long before we arrived at the suburbs, and then a strong party
of volunteers (men-at-arms and archers) were detached to possess the
suburbs, which was easily done; and the Bastard of Burgundy (who had a
great command under the duke at that time), the Lord of Ravestein, the
Count of Roucy[255] (the constable’s son), and several other persons of
quality, took up their quarters in the suburb, and some of them just by
the gate which the townsmen had repaired, as they had done the other.
The duke had his quarters in the middle of the suburbs, but for that
night the king remained in a good, large and well-furnished farm about a
quarter of a league from the town, with a strong party both of our and
his own men for his guard.
The city of Liege is seated in a very fruitful country, full of mountains
and valleys, with the River Maes running through the middle of it, and is
much about the same size as Rouen, and was at that time very populous.
It was no great distance from that gate where we had our quarter, to
the other, where our vanguard were posted, provided we could have gone
straight through the town; but being obliged to go round on the outside
of it, it was full three leagues about by reason of the holes and little
sloughs which (it being mid-winter, and very foul) the weather had filled
up. The walls likewise were all demolished, and the citizens might attack
our men in what quarter they pleased: besides the foundation being stony
and a hard rock, they could never make a ditch, and at that time had
nothing but a small trench, which they had thrown up not long before to
defend them. Our vanguard were extremely overjoyed and animated at our
approach on the first night of our coming; for already the force of the
garrison was divided into two parts. About midnight we had a terrible
alarm, and the Duke of Burgundy was immediately in the street; not long
after the king and constable came to him, and had made great haste to get
thither so soon. The darkness and horror of the night contributed much
to the terror of our soldiers, some of them crying out, “They sally out
of this gate, and some of them out of the other.” The Duke of Burgundy
never wanted courage, but his conduct often failed him; and to speak
impartially, he did not behave himself at this very time so prudently as
he ought to have done, considering the king was there present. In this
confusion, the king took upon him to command, and said to the constable,
“March you with your men to such a place, for if the enemy falls upon us
anywhere, it must necessarily be there.” He who had seen his countenance,
and heard him speak, would have acknowledged him to be a prince of great
courage and prudence; but this was not the first action in which he had
given demonstration of it; however this was only a false alarm, and the
king and the duke returned both to their quarters.
The next morning the king removed into the suburbs, and took up his
quarters in a little house next door to the duke’s; his guards consisted
of 100 Scots, and his household troops were posted in a village near him.
The Duke of Burgundy was extremely jealous, lest either the king should
find means to get into the city, or return home before he could take it;
or else (being so near), make some attempt upon his person. To prevent
the worst, he made a draught out of his guards of 300 of the stoutest
men-at-arms that he could depend on, and posted them in a great barn that
lay between their two quarters. The walls of the barn were broken down,
to render their sallies the more easy, if there should be occasion, and
these troops were placed there to watch and observe the king’s motions,
who was quartered just by them. In this manner we spent eight days;
during which (for on the last day the town was taken) neither the duke
nor anybody else pulled off their arms. The night before the surrender,
at a council of war, it was concluded to storm the town the next morning,
which was Sunday, the 30th of October, 1468; and accordingly orders were
given out that at a certain signal (which was the firing of one great gun
alone, then of two serpentines presently after, and then discontinuing),
without farther orders they should begin the assault on one side, as the
duke designed to attack them on the other by eight in the morning. That
night (as was concluded) the duke disarmed himself and ordered all his
army to do the same, and to refresh themselves, especially those in the
barn. At that instant (having been informed of our design) the Liegeois
resolved to make a sally upon our quarters, as they had done before upon
the other side.
CH. XII.—How the Liegeois made a desperate Sally upon the Duke of
Burgundy’s Quarter, where both he and the King were in very great
Danger.—1468.
In this chapter I shall show you an example, by which you may observe,
that the greatest prince or potentate may suddenly fall into dangerous
inconveniences, occasioned by a small number of their enemies; from
whence it may reasonably be inferred that all enterprises ought to be
well weighed and considered, before they are put in execution. This city
had not one soldier in their garrison, but men of their own territories,
nor one man of quality or good officer among them; for those few whom
they had were all killed and wounded two or three days before. They had
neither gate, nor wall, nor fortification, nor one piece of cannon,
which was good for anything. Their garrison consisted only of their own
townsmen, and 700 or 800 foot from a small mountain at the back of the
town called the country of Franchemont, but they had always had the
reputation of being valiant and stout soldiers. They were now arrived at
the height of desperation, and having no hopes of relief, since the king
had come in person against them, they resolved to make a general sally,
and put all to a venture, for they looked upon themselves as lost. It
was concluded, that by the ruins of the walls which were behind the Duke
of Burgundy’s quarters, all their choicest troops should sally, which
were 600 of those from the country of Franchemont, led and conducted by
the masters of the two houses where the King and the Duke of Burgundy
were quartered; near to which houses, by a crack in a great rock, they
might march securely before they were perceived, unless they discovered
themselves by any noise. Though there were several scouts by the way,
they were not discouraged, imagining they should either kill them, or be
at the king’s or duke’s quarters as soon as they should give the alarm.
Besides, they presumed their two guides would conduct them directly to
their own houses, where (as is said before) the king and the duke were
quartered; and not halting anywhere by the way, they hoped they might be
able to surprise them, and either kill or take them, before their guards
could come in to their assistance. Having not far to march, they supposed
they should be able to make their retreat, or if the worst came to the
worst, they could but die, and they were contented to lose their lives
in such an undertaking; for without it, as is said before, they found
themselves utterly ruined. It was also ordered that all the people of the
city should sally out of the gate which opened into the great street of
our suburbs, with loud shouts and cries, hoping by that means to defeat
that body of forces that were posted in the suburbs, and to obtain a
complete victory, or a glorious death. Had they had 1000 men-at-arms, all
regular forces, their attempt would have been great, and I question not
but they would have succeeded in it, since with those few which they had,
they were very near effecting their designs.
According to the resolution that had been taken, at about ten o’clock at
night, the 600 men from Franchemont sallied forth by the breaches of the
walls, seized upon the most of our outguards and put them to the sword
(among whom there were three gentlemen of the household of the Duke of
Burgundy), and certainly if they had marched on directly, and made no
noise till they had arrived at the place where they designed, they had
slain both those princes in their beds, without any great opposition.
Behind the Duke of Burgundy’s quarters there was a tent in which the
present Duke of Alençon[256] lay, and with him the Lord of Craon[257];
they stopped there for some time, thrust their pikes through the tent,
and killed some of the servants. This giving an alarm to the whole army,
some few ran to their arms, several got up, and leaving their tents,
ran immediately to the two houses, where the king and the duke were
quartered. The barn I mentioned before, where the duke had posted 300
men-at-arms, being close to both houses, they gave them some thrusts with
their pikes out of the holes which had been made for the convenience of
their sallies. Not full two hours before this attack, these gentlemen had
pulled off their arms to refresh and prepare themselves for the assault
the next day, so that most of them were unarmed, though some few had
clapped on their cuirasses upon the uproar at the Duke of Alençon’s tent,
and attacked the invaders through the doors and the holes which they had
made, and were the only body of troops that preserved those two great
princes; for by this delay, several others had time enough to arm, and
make head against them. I and two gentlemen more of his bed-chamber lay
that night in the Duke of Burgundy’s chamber (which was very small), and
above us there were twelve archers upon the guard, all of them in their
clothes, and playing at dice. His main guard was at a good distance, and
towards the gate of the town. In short, the master of the house where
the duke was quartered, having drawn out a good party of the Liegeois,
came so suddenly upon the duke, that we had scarce time to put on his
cuirass and breast-plate and clap a steel cap upon his head: as soon as
we had done it, we ran down the stairs into the street, but we found our
archers engaged with the enemy, and much ado they had to defend the doors
and the windows against them. In the street there was a terrible noise
and uproar, some crying out, “Vive le Roi!” others, “Vive Bourgogne!”
and others, “Vive le Roi, et tuez!” It was some time before our archers
and we could beat the enemy from the doors, and get out of the house:
we knew not in what condition the king was, nor whether he was for or
against us, which put us into a great consternation. As soon as we were
got into the street, by the help of two or three torches we discovered
some few of our men, and could perceive people fighting round about us,
but the action there lasted not long, for the soldiers from all parts
came in thronging to the duke’s quarter: the duke’s landlord was the
first man of the enemy’s side that was killed (who died not presently,
for I heard him speak), and with him his whole party (at least the
greatest part of them) were cut in pieces.
The king was also assaulted after the same manner by his landlord, who
entered his house, but was slain by the Scotch guards. These Scotch
troops behaved themselves valiantly, maintained their ground, would
not stir one step from the king, and were very nimble with their bows
and arrows, with which it is said they wounded and killed more of the
Burgundians than of the enemy. Those who were appointed, made their sally
at the gate, but they found a strong guard to oppose them, who gave them
a warm reception, and presently repulsed them; they not being so good
soldiers as the others. As soon as these people were repulsed, the king
and duke met, and had a conference together; seeing several lie dead
about them, they were afraid their loss had been greater than really it
proved to be; for upon examination, they found they had not lost many
men, though several were wounded; and without dispute, if they had not
stopped at those two places, and especially at the barn (where they met
with considerable opposition), but had followed their guides, they had
killed both the king and the Duke of Burgundy, and in all probability
would have defeated the rest of the army. Each of these princes retired
to his quarters greatly astonished at the boldness of the attempt; and
immediately a council of war was called, to consult what measures were
to be taken the next morning in relation to the assault, which had been
resolved upon before. The king was in great perplexity, as fearing that
if the duke took not the town by storm, the inconvenience would fall upon
him, and he would either be kept still in restraint, or made an absolute
prisoner; for the duke could not think himself secure against a war with
France, if he should suffer him to depart. By this mutual distrust of
each other, one may clearly observe the miserable condition of these two
princes, who could not by any means confide in one another, though they
had made a firm peace, not a fortnight before, and had sworn solemnly to
preserve it.
CH. XIII.—Of the storming, taking, and plundering the City of Liege;
together with the Ruin and Destruction of the very Churches.—1468.
The king, to free himself from these doubts, about an hour after his
return from the sally (which I mentioned before) to his quarters, sent
for some of the duke’s officers that had assisted at the council of war,
to know the result of it; they told him it was resolved that the town
should be stormed next morning in the manner that was concerted before.
The king made several grave and judicious objections, and such as the
duke’s officers approved of very well; for they were all apprehensive of
the assault, in respect of the great numbers of people in the town, and
the signal proofs they had given of their courage not two hours before;
so that the officers seemed inclinable rather to defer it for some days
longer, and to endeavour to have taken it by composition. They came
immediately to the duke’s quarters, and made a report of all the king had
said unto them, and it was my fortune to be present. They represented
all the king’s fears, and their own too, but supposing the duke would
not take it so well from them, they fathered it all upon his majesty.
The duke took it extremely ill, and replied, that the king raised those
difficulties only to preserve the town: besides, he told them, that it
was impossible his design should miscarry, because they had no artillery
within, nor walls without, to defend them; that their fortifications and
their gates were demolished, and therefore he was resolved to delay no
longer, but to storm the town, as had been concluded before. However, if
the king pleased, he might retire to Namur, and stay there till the town
was taken; but for his own part he would not stir till he saw what would
be the event of this enterprise. The whole army dreaded this assault,
and therefore none of the officers were pleased with this resolution,
which was communicated to the king, not bluntly but in the mildest terms
imaginable. The king knew what the duke would be at, but dissembled it,
and declared he would not go to Namur, but take his fortune the next
morning with the rest. My opinion is, that if he had been willing to make
his escape, he might have done it that night, for he had with him 100
archers of his guards, several gentlemen of his retinue, and not much
fewer than 300 men-at-arms; but when his honour lay at stake, he scorned
to do it, lest the world should have upbraided him with want of courage.
In expectation of day, the whole army reposed themselves in their arms
for some time, and several went to their devotions, for it was looked
upon as a very dangerous enterprise. As soon as it was broad day, and
the hour had come for the assault (which as I said before was eight in
the morning), the duke ordered the signal to be given, and the great
guns to be fired successively as was agreed on, to give them notice who
were in our vanguard on the other side of the town (at a great distance
to go about, though through the town it was but a little way). The
vanguard heard the signal, and immediately prepared to storm the town;
the duke’s trumpets began to sound, the colours advanced to the walls,
and the soldiers marched after in very good order. The king was at that
time in the middle of the street, well attended with his 300 men-at-arms,
his guards, and some lords and officers of his household. When we came
so near that we expected to be immediately at push of pike, we found no
resistance at all, and not above two or three men upon the guard; for
supposing, because it was Sunday, that we would not have attacked them,
they were all gone to dinner, and we found the cloth laid in every house
that we entered. A multitude is seldom formidable, unless commanded by
some officer whom they hold in reverence and fear; yet there are certain
hours and seasons in which their fury is terrible.
Before this assault the Liegeois were much fatigued and dispirited, as
well for the loss they had sustained in their two sallies (in which
all their chief officers were slain), as for the great pains and hard
service which they had endured for eight days successively; for nobody
was exempted from being upon the guard. They being blocked up on both
sides (as I stated before), I suppose they thought that Sunday might have
been a day of rest to them (but they were mightily mistaken), for they
did not make the least defence, either on our side, or on the other,
where the Burgundians of our vanguard made their attack, and entered
before us[258]; they killed but few, for the people fled over the Maes
into the forest of Ardennes, and from thence into such places of refuge
as they thought most proper to secure themselves in. On that side of the
town where I was, I saw but three men and one woman dead; and I believe
there were not above 200 killed altogether, the rest having all fled,
and got into the houses or churches for sanctuary. The king marched
at his own leisure (for he saw there was no opposition), and the army
(consisting by my computation of about 40,000 men), entered at both ends
of the town. The duke, having advanced a good way into the city, turned
back to meet the king, conducting him as far as the palace, and then
returned to the great church of St. Lambert, into which his soldiers were
forcing their way for the sake both of the prisoners and the plunder;
for though he had posted a battalion of his guards there to secure the
church, yet the soldiers could not be restrained, but fell upon them, and
attempted to break open the doors. I saw the Duke of Burgundy kill one
man himself at his arrival, upon which the soldiers retreated, and the
church was preserved for that time; but at length all the men that had
fled thither for sanctuary were made prisoners, and all the furniture
was taken away. The rest of the churches, which were very numerous (for
I have heard the Lord of Humbercourt, who knew the town very well, say,
that there were as many masses said in it every day as in Rome), were
most of them plundered under pretence of searching for prisoners. I
myself was in none but the great church, but I was told so, and saw the
marks of it, for which a long time after the Pope excommunicated all
such as had any goods belonging to the churches in that city, unless
they restored them; and the duke appointed certain officers to go up and
down his country, to see the Pope’s sentence put in execution. After
the taking and plundering the city, about noon the duke returned to the
palace; the king had dined before he came, but expressed much joy at his
good fortune, and highly applauded his magnanimity and conduct; for he
knew well enough it would be carried to the duke, and he had in his heart
a longing desire to be at home in his own kingdom. After dinner the king
and the duke were very merry together, and if the king had been lavish in
his commendations behind his back, he extolled his actions much more to
his face, and the duke was not a little pleased to hear it.
But I am obliged to make a small digression, and give an account of the
calamities of those miserable people who fled out of the town, that I may
confirm what I said in the beginning of these Memoirs, when I spoke of
the misfortunes and dreadful consequences which I have observed to follow
those who are defeated in battle, whether king or prince, or any other
potentate whatever.
These miserable creatures fled through the country of Ardennes with their
wives and children. A gentleman in those parts (who till that time had
been of their side), fell upon, and cut off a great party of them; and
to ingratiate himself with the duke, he wrote him an account of what he
had done, and represented the number both of the prisoners and slain to
be much greater than in reality it was, though indeed it was very great;
but, however, he made his own peace with the duke by that action. Others
fled to Mezières, which is a French town upon the Maes. Two or three of
their ringleaders were taken and presented to the duke (one of whom was
named Madoulet), whom he ordered immediately to be put to death; and
several of the rest died with hunger, or cold, or watching.
CH. XIV.—How King Louis returned into France by the Consent of the Duke
of Burgundy; and how the Duke treated the Liegeois and the People of
Franchemont afterwards.—1468.
About four or five days after the taking of the town, the king began to
employ his friends about the duke, to propose his return into France;
and he himself broke the matter to him very discreetly, telling him,
that if he had still any occasion of his assistance, he should freely
let him know it and he would willingly stay longer, but that if his
presence could be of no farther importance, he desired to be dismissed,
that he might return to Paris, and see the peace published in the court
of parliament.[259] (For in France it is a custom that all treaties of
peace should be published in that court, or otherwise they are void,
though indeed the king’s power is very great.) Besides, he desired of the
duke that they might have another interview next summer in Burgundy, and
enjoy the conversation of one another for a month together. At length
the duke consented he should go, yet not without murmuring a little.
The duke ordered the articles of peace to be read to the king, that, if
he repented of anything, it might be altered. He offered it likewise to
his choice, whether he would stand to it or not, and some little apology
he made for his bringing him thither. He desired one thing more, which
was, that the king would permit a new article to be added in favour of
the Lord du Lau, the Lord d’Urfé, and Poncet de Rivière[260] and that
he would promise that the lands and preferments, which they had enjoyed
before the war, should be restored to them again. This proposition did
not please the king at all, for he thought it very unreasonable that
those who were not of his party should be comprehended in the peace.
Besides, they were servants to the Lord Charles, the king’s brother,
and not to the king. However, the king replied that he would consent
to it, upon condition that the duke would do the same for the Count of
Nevers[261] and the Lord of Croy; upon which answer the duke pressed
it no farther. This answer of the king’s was looked upon to be a very
wise one, for the duke hated those two gentlemen, so that he would never
consent to their restoration. In all the rest, the king told the duke
he would alter nothing, but confirm whatever had been sworn at Peronne.
In this manner his departure was agreed on, and the king took his leave
of the duke[262], who conducted him about half a league, but at their
last departure the king said to him, “If my brother, who is in Bretagne,
should not be satisfied with the appanage, which for your sake I have
given him, what would you have me do?” The duke hastily replied, without
considering what he said, “If he should not, it is your part to see him
satisfied, but I shall leave that to yourselves.” From which question and
answer important actions did afterwards proceed, as you shall hear in the
proper place.
The king departed extremely well pleased, and was conducted by the Lords
des Cordes, and d’Aimeries[263] (Grand Bailiff of Hainault) out of the
Duke of Burgundy’s territories, who himself continued at Liege.[264] That
city indeed was barbarously treated, but they had used his subjects with
the same cruelty ever since his grandfather’s time, never keeping any
promise, nor observing any peace that they made; and it was now the fifth
year that the duke had been there in person, and made peace with them
every time, and the next year they would be sure to break it. Besides
they had stood excommunicated a long time for their insolence to their
bishop; yet they could never be restrained, nor brought to receive the
commands of the Church with either reverence or obedience.
As soon as the king was gone, the duke resolved (with a small detachment
of his forces), to march into the country of Franchemont, which is
steep, hilly, full of woods, and lies a little beyond Liege, from whence
the best soldiers which they had, came, and particularly those who made
that desperate sally which I mentioned before. Before the duke left the
city, a great number of those poor creatures, who had hid themselves in
the houses when the town was taken, and were afterwards made prisoners,
were drowned. He also resolved to burn the city, which had always been
very populous; and orders were given for firing it in three different
places, and 3000 or 4000 foot of the country of Limbourg (who were their
neighbours, and used the same habit and language), were commanded to
effect this desolation, but to secure the churches. The first thing they
did was to demolish a great bridge over the River Maes; then a strong
body was appointed to protect such houses of the canons as were near
the great church, that they might have lodging and convenience for the
performing of divine service. Other parties were likewise ordered for the
preservation of the rest of the churches. All things being thus ordered,
the duke began his march into the country of Franchemont: he was no
sooner out of the town, but immediately we saw a great number of houses
on fire beyond the river; the duke lay that night four leagues from
the city, yet we could hear the noise as distinctly as if we had been
upon the spot; but whether it was the wind which lay that way, or our
quartering upon the river that was the cause of it, I know not. The next
day the duke marched on, and those who were left in the town continued
the conflagration according to their orders[265]: but all the churches
(except some few) were preserved, and above 300 houses belonging to the
priests and officers of the churches, which was the reason it was so soon
re-inhabited, for many flocked thither to live with the priests.
The cold and frost were so violent, that the greatest part of the duke’s
detachment was forced to march on foot into the country of Franchemont,
which has no walled towns, but consists wholly in villages. The duke lay
still five or six days in a little village called Polleur[266] (which
stands in a small valley); he divided his forces into two bodies for the
speedier destruction of the country: his orders were to burn all the
houses, break down all their iron mills (which were the greatest part of
their livelihood), and search about among the woods for such of the poor
people as had with their goods run thither to hide themselves, of whom
many were killed, and made prisoners; and the soldiers got good store
of plunder. In this march I saw incredible effects of the severity of
the cold: one gentleman lost the use of his foot, and never recovered it
again. A page had two of his fingers drop off with extremity of cold. I
saw a woman and her new-born child starved to death with it. For three
days together the duke’s attendants could get no wine but what they cut
out with a hatchet; for it was frozen in the pipes, and the ice being
thick and entire, they were forced to cut it out in pieces, which they
carried away in their hats and baskets as they thought fit. I could tell
other strange stories of this nature, which would be tedious to write;
but we, in short, were starved out of that country, and forced (after we
had been there eight days) to march back with all expedition to Namur,
and from thence into Brabant[267], where the duke was received with joy.
CH. XV.—Of the King of France’s Subtilty, by which he prevailed with
his Brother Duke Charles, to accept of the Duchy of Guienne, in lieu
of Brie and Champagne, and contrary to the Duke of Burgundy’s
Intention.—1468-69.
The king, having taken his leave of the Duke of Burgundy, returned with
great joy into his own kingdom, not in the least complaining of his usage
either at Peronne or Liege, but bearing all things patiently, at least,
in appearance; yet, for all that, great wars arose afterwards between
them, but not presently, nor was that the cause which I mentioned before
(though it might have contributed towards it); for the conditions of
peace were much the same as if the king had freely signed it at Paris.
But, by the advice of his officers, the Duke of Burgundy was encouraged
to extend the bounds of his dominions, and great artifice was used to
have it done secretly—of which I shall speak in due time.
Lord Charles of France, the king’s only brother, and lately Duke of
Normandy, being informed of the treaty of Peronne, and of the proportion
which he was to have thereby, sent presently to the king to desire his
majesty would accomplish the treaty, and grant him the investiture of
those countries he had promised to give him. The king sent to him again,
and several messages passed between them. The Duke of Burgundy sent also
an ambassador to the Lord Charles, to desire him not to accept of any
other appanage but Champagne and Brie, since they were granted upon his
interposition. He also reminded him of the friendship which he had always
shown him, and that even when he had deserted the Duke of Burgundy, the
duke could not be tempted to retaliate as he had observed others had
done, but had comprehended the Duke of Bretagne in the treaty of peace as
his ally[268]; besides, he ordered his agents to acquaint him, that the
situation of Champagne and Brie was very commodious for them both, and
if the king should ever attempt to resume his gift, in a day’s time he
might have succours out of Burgundy, for those countries were contiguous;
besides, all the taxes, subsidies, and revenues, would accrue wholly to
him, and nothing to the king, but the bare homage and sovereignty.
This Lord Charles of France was a person who did little or nothing of
himself, but in all things was governed and managed by other people,
though he was then above twenty-five years of age. In this manner that
winter passed, being half spent before the king left us. Messengers were
passing continually about this appanage. The king resolved upon no terms
to suffer his brother to enjoy what he had promised, for he did not
like that the Duke of Burgundy and he should be such near neighbours.
Whereupon the king proposed to the Lord Charles to accept of Guienne and
La Rochelle (which is almost all Aquitaine, and more valuable than Brie
and Champagne). Charles was afraid of disobliging the Duke of Burgundy;
he feared also that if he should comply, and the king afterwards not
stand to his word, he should lose friend and fortune both, and leave
himself nothing to depend upon.
The king (who in such affairs was the wisest prince of that age),
perceiving that he would lose time, unless he could make interest with
some of those who were in credit with his brother, addressed himself to
Odet de Rye, Lord of Lescut, and since[269] Count of Comminges (who was
born and married in the country of Guienne), desiring him that he would
be pleased to use his interest with his master to persuade him to accept
of that for his appanage; it being much larger and of a greater revenue
than what he demanded; which would be the only means to make them live in
perfect peace and harmony together like good friends and brothers, and
for which all his servants would reap no inconsiderable advantage, but
more particularly himself; and, as to the investiture, he was ready to
grant it him presently. The Lord Charles being wheedled and cajoled in
this way, was easily persuaded to accept of Guienne[270], to the great
dissatisfaction of the Duke of Burgundy and his ambassadors in France.
Cardinal Balue, Bishop of Angers, and the Bishop of Verdun[271], were
arrested and imprisoned, because the cardinal had written to the Duke of
Guienne not to accept of any other share than that which was assigned to
him by the treaty at Peronne, which the king had promised and sworn to
observe. Besides, he added several other arguments to induce him to it,
which were directly contrary to the king’s designs. So the Lord Charles
of France was created Duke of Guienne in the year 1469, and put into
peaceable possession of that country, with the government of La Rochelle;
after which the king and he had a meeting[272], and conversed together a
long time.