his heirs the county of Burgundy, as a perpetual inheritance to be
enjoyed by him and them for ever, together with the patronage of
the church and abbey of Luxeuil, with all profits arising therefrom,
which the count of Champagne claims as belonging to him, (although the
counts of Burgundy, predecessors to the present duke of Burgundy, have
pretended the contrary as a cause of quarrel) saying and declaring that
this abbey, which is without the kingdom of France and the limits of
the county of Burgundy, ought to be under his patronage and protection.
To obviate, therefore, all future cause of quarrel, and for the public
welfare, the king of France now consents that the patronage of this
abbey shall remain wholly with the duke of Burgundy and his heirs.
'Item, the king of France shall cede to the duke of Burgundy, and to
his legal heirs, whether male or female, in perpetuity, the castles,
towns, castlewicks, provostships of fairs, of Peronne, Mondidier and
Roye, with all their domains, rights, and jurisdictions whatever,
with every dependance and appurtenance, to hold them from the king of
France as a peerage within his sovereign jurisdiction and that of his
parliament, on doing him immediate homage. The king shall also yield
up to the said duke of Burgundy, and his heirs, all right to the taxes
and other impositions, together with every other claim of profit, in as
ample a manner as has been before declared in the preceding articles
respecting the counties of Mâcon and Auxerre.
'Item, the king of France shall yield up to the duke of Burgundy, and
to the person whom after his decease the said duke shall have declared
his heir to the county of Artois, the collection of taxes from the
said county of Artois and its dependances, amounting at this time to
fourteen thousand francs of annual revenue or thereabout, without
hinderance to the said duke or his heir from receiving any further
gratuities from the said king or his successors. The duke of Burgundy
and his heir shall have the power of nominating such officers for the
due gathering of these taxes, as shall be agreeable to them,--and when
thus appointed, the king shall grant them letters in confirmation of
the same.
'Item, the king shall transfer to the said duke of Burgundy and to
his heirs, for ever, all the cities, towns, castles, forts, lands
and lordships now belonging to the crown of France, above and on each
side the river Somme, namely, St Quentin, Corbie, Amiens, Abbeville
and others,--the whole of the county of Ponthieu, on both sides of
the said river Somme,--the towns of Dourlens, St Riquier, Crevecoeur,
Arleux, Mortaigne, with all their dependances whatever. And all the
lands now belonging to the crown of France, from the said river Somme
inclusively, comprehending the whole of the towns, as well on the
frontiers of Artois, Flanders and Hainault, as on those of the realm of
France and of the empire of Germany, the duke of Burgundy and his heirs
to have them in possession for ever, and to receive all the profits of
taxes, rights, privileges and honours attached to them, without the
king retaining any thing, saving and except the fealty and homage due
to him as their sovereign lord, or until this grant shall be bought by
the crown of France, on payment of the sum of four hundred thousand
crowns of gold, old coin, at the weight of sixty-four to the marc of
Troyes, eight ounces to the marc, with twenty-four karats of alloy and
one karat for waste, or in any other current coin of equal value.
'The duke of Burgundy shall give sufficient securities for himself and
heirs, that they will abide by the terms of this grant, and be ready
and willing to receive the said sum for the release of the said cities,
towns, &c. whenever it may please the king of France to make an offer
of the same, and surrender to the king, or to such as he may commission
for the purpose, all the said cities, towns, castles, forts, lands and
lordships specified in the said grant. And also the duke of Burgundy
shall acknowledge, for himself and heirs, his willingness to receive
the said sum at two instalments,--that is to say, two hundred thousand
crowns at each payment; but nevertheless he shall not be bound to
surrender to the king any of the said cities, &c. until the last of the
four hundred thousand golden crowns be paid.
'During the whole time these said cities, towns, lands, &c. shall be
in the possession of the duke of Burgundy or his heirs, he and they
shall receive the taxes, and enjoy every right and privilege attached
to them, without the smallest deduction or abatement whatever. Be
it understood, however, that in this grant of the king, the city
and county of Tournay and the Tournesis, and of St Amand, are not
included, but are to remain under the jurisdiction of the king,--with
the exception of Mortaigne, which is to be placed in the hands of the
duke of Burgundy, as has been before said.--But although the city of
Tournay is not to be given to the duke of Burgundy, the sums of money
that had been before agreed to be paid, according to the terms of a
treaty between him and the inhabitants for a certain number of years,
shall be duly reserved,--and these sums the inhabitants shall be bound
punctually to pay him.
'Item, forasmuch as the said duke of Burgundy pretends to have a claim
on the county of Boulogne-sur-mer, which he has the possession of, the
king of France consents, that for the sake of peace, and for the public
good, it shall remain to him and his heirs-male only, lawfully begotten
by him, with the full and free enjoyment of all its revenues, rights
and emoluments whatever. But in default of this issue male, the county
shall devolve to him who shall have the just right thereto. The king
shall engage to satisfy all claimants on this said county, in such wise
that they shall not cause any trouble to the duke of Burgundy, or to
his heirs, respecting it.
'Item, in regard to the town, castle, county and lordship of Gien sur
Loire, together with the lordships of Dourdan, which, as it is said,
have been transferred with the county of Estampes by the late duke of
Berry and the late duke John of Burgundy, they shall, _bona fide_, be
placed by the king of France in the hands of the duke of Bourbonnois
and Auvergne, for their government during the space of one whole year,
and until John of Burgundy count d'Estampes, or the present duke of
Burgundy for him, shall have laid before the king or his council a copy
or copies of this grant from our late lords of Berry and of Burgundy.
When after due examination, should this grant be found good, we duke
of Bourbonnois and Auvergne bind ourself to restore the said town,
castle and lands of Gien-sur-Loire, without other form of law, to the
count d'Estampes or to the duke of Burgundy, for him as his legal right
from the grant of the late dukes of Berry and of Burgundy, without the
king alleging any thing to the contrary, or any prescriptive right
from the lapse of time since the decease of the said duke of Berry,
and notwithstanding any opposition from others who may lay claim to
the county of Gien, if any such there be, whose right to pursue their
claims by legal means shall be reserved to them, against the count
d'Estampes.
'Item, the king shall restoration make and pay to the said count
d'Estampes, and to the count de Nevers his brother, the sum of
thirty-two thousand two hundred crowns of gold, which the lately
deceased king Charles is said to have taken from the church of Rouen,
wherein this sum was deposited, as the marriage-portion of the late
lady Bona of Artois, mother to these noblemen, unless it shall clearly
appear that the above sum has been accounted for, and allowed in the
expenditure of the late king and for his profit; otherwise these
thirty-two thousand two hundred golden crowns shall be paid at such
terms as shall be agreed on, after payment has been made of the fifty
thousand crowns before mentioned to the duke of Burgundy.
'Item, in respect to the debts which the duke of Burgundy says and
maintains are due to him from the late king Charles, whether from
pensions unpaid, or from gifts and monies advanced by him for the
king's use, the said duke shall have free liberty to sue for the
recovery of the same in any of the courts of justice.
'Item, the said duke of Burgundy shall not be bound to do homage nor
service to the king for the lands he now holds in France, nor for
any others that may fall to him by right of succession; but shall
remain during his life personally free from all subjection, homage and
obedience, to the crown of France. After the decease of the present
monarch, the said duke of Burgundy shall do the usual homages and
services to the king's sons and successors to the crown of France, as
belong to them of right; and should the said duke of Burgundy depart
this life before the present king, his heirs, after showing cause,
shall do the usual homages and services to the crown of France.
'Item, notwithstanding the duke of Burgundy shall have acknowledged,
by writing and speaking, the king as his sovereign, and received the
before named ambassadors from the king, this shall not be of the
smallest prejudice to the personal exemption before stated of the said
duke during his life. This said exemption shall remain in full force,
as contained in the above article, and shall extend to all lands now in
the possession of the said duke within the realm of France.
'Item, with regard to the vassals and subjects of the duke of Burgundy,
in the lordships he now holds and will possess by this treaty, and
of those that may fall to him by succession in the kingdom of France
during the king's life and his own, they shall not be constrained to
bear arms by orders from the king or his officers, supposing that they
may hold lands from the king together with those of the duke. But the
king is contented that whenever it may please the duke of Burgundy to
order his vassals to arm, whether for internal or external wars, they
do obey his commands without attending to any summonses from the king,
should he at the time issue such. And in like manner shall all the
officers of the said duke's household, and his familiars, be exempted,
even should they not be his subjects or vassals.
'Item, should it happen that the English shall make war on the said
duke of Burgundy, his subjects or allies, on account of the present
treaty or otherwise, either by sea or by land, the king of France
engages to march to his succour with a sufficient force, and to act as
if it were his own proper cause.
'Item, the king declares, for himself and his successors, that neither
he nor they, nor any princes of his blood, shall enter into any treaty
of peace with his adversary of England, without having first informed
thereof the said duke of Burgundy and his immediate heir, nor without
their express consent thereto and comprehension therein, provided they
may wish to be comprehended,--provided always, that similar promises
shall be made to the king of France by the duke of Burgundy and his
heir apparent, touching war and peace with England.
'Item, whereas the said duke of Burgundy and his faithful vassals have
heretofore borne a cross of St Andrew as their badge, they shall not
be constrained to bear any other badge, whatever army they may be in,
whether within or without the realm, or in the presence of the king or
of his constable, whether in the royal pay, as soldiers, or otherwise.
'Item, the king shall make all reasonable restitution for whatever
losses such as may have been made prisoners on the day of the death of
duke John, whose soul may God pardon! have suffered, as well as the
repayment of their ransoms.
'Item, a general oblivion shall take place of all acts done and
committed in consequence of the divisions in the realm, excepting what
regards those who perpetrated the said murder of duke John of Burgundy,
or were consenting thereto,--for they shall ever remain excepted in
whatever treaties may be concluded. Henceforth all persons shall return
to their different homes,--namely, churchmen to their churches and
benefices, and seculars to their houses and possessions within the
realm, excepting such lands and lordships as may be within the county
of Burgundy, and which are held by the present lord of Burgundy, or
have been in the possession of the late duke, or such as may have
been given by either of them to others as confiscations arising
from the intestine divisions within the kingdom; for these lands,
notwithstanding the present treaty, shall remain in the possession of
those who now hold them. But in every other instance, all persons shall
return to their houses and lordships, without being called upon by any
person or persons for any damages or repairs whatever,--and each shall
be held acquitted of all rents from the time he ceased to enjoy them;
and in regard to any furniture that may have been taken and carried
away by either party, all pursuit after it and any quarrels on the
subject are absolutely forbidden.
'Item, it is ordained by this present treaty that all quarrels and
rancour, which may have arisen in consequence of the troubles that
afflicted the realm, do now absolutely cease; and all private wars
are strictly forbidden, without reproach to either party, under pain
of being punished as transgressors of this article, according to the
heinousness of the offence.
'Item, in this present treaty shall be included, on the part of the
said duke of Burgundy, all churchmen, the inhabitants of the principal
towns, and others, whatever may be their rank, who have followed his
party, or that of the late lord his father; and they shall enjoy the
benefit of this said treaty, as well in regard to the general oblivion
of all acts done and committed within the realm of France as in the
peaceable enjoyment of whatever possessions, moveable and immoveable,
they may have within the kingdom or in Dauphiny, which are now withheld
from them by these said troubles, provided they be willing to accept of
the terms contained in the said treaty, and loyally fulfil them.
'Item, the king will renounce the alliance he had formed with the
emperor against the duke of Burgundy, as well as all others with
different princes and lords to the same effect, provided the duke of
Burgundy shall do the same with his alliances; and the king will also
hold himself bounden, and will promise the duke of Burgundy to assist
and support him against all who may be inclined to make war against him
or otherwise injure him. And in like manner shall the duke of Burgundy
engage his promise, saving, however, the exemption of his personal
service as has been before declared.
'Item, the king consents to grant letters, that in case he shall
violate the articles of the present treaty, his vassals and subjects
shall be no longer bound to obey and serve him, but shall be obliged
to serve and assist the duke of Burgundy and his successors against
him. In this case, all his subjects shall be absolved from their oaths
of fidelity toward king Charles, Without at any time hereafter being
called to account for so doing; and from this moment king Charles
absolves them from all fidelity to him, in case such violation of the
treaty shall take place,--and that the duke of Burgundy shall do the
same in regard to his vassals and subjects.
'Item, all these promises, obligations, and submissions, of king
Charles, respecting the due fulfilment of this treaty, shall be made
before the lord cardinal of Santa Croce, legate from the holy father
the pope, the lord cardinal of Cyprus, and the other ambassadors
from the holy council of Basil, in the most ample manner that can be
devised, and on pain of excommunications, interdicts, and all the most
weighty punishments of the church, to the utmost power which the said
lords cardinals may possess from the pope, provided that the duke of
Burgundy shall act in a similar manner.
'Item, the king will give to the duke of Burgundy not only his own
declaration, sealed with his seal, but the declarations and seals
of the princes of his blood and under his obedience,--namely, the
seals of the duke of Anjou, his brother the lord Charles, the duke of
Bourbon, the count of Richemont, the count of Vendôme, the count of
Foix, the count of Auvergne, the count of Perdiac, and others,--which
declarations of the princes shall be incorporated with that of the
king, who shall with them promise faithfully to maintain the contents
of the said declarations; and should they be infringed on the part of
the king, they do severally promise to aid and assist the said duke
of Burgundy and his friends against the king. In like manner shall the
duke of Burgundy deliver in his declarations.
'Item, the king shall also cause to be given to the duke of Burgundy
similar declarations under the seals of such churchmen, nobles, and
principal towns of the realm under the king's obedience as the duke of
Burgundy shall name, under penalties both corporal and pecuniary on
failure, together with such securities for the due performance of their
engagements as the lords cardinals and prelates commissioned by the
pope may think proper and advisable.
'Item, should it happen hereafter that omissions, infractions,
or attempts to infringe any of the said articles should arise,
notwithstanding the present treaty, they shall remain in full force and
vigour, and the peace shall not be considered as broken or annulled;
but such omissions, infractions and attempts, shall be instantly
amended and corrected, according to the virtual meaning of what has
been before declared,--and the guarantees thereof shall see that it be
done.
'Item, as we have been again earnestly exhorted and pressed by the said
cardinals, and by the ambassadors from the holy council, to incline our
ears and attend to the proposals made to us respecting a peace,--which
proposals they think just and reasonable, and such as ought not to be
refused by us,--remonstrating also with us, that we should make peace
with king Charles of France from our love to God, and according to
reason and honour, notwithstanding any alliances, oaths or engagements
entered into with our very beloved and dear lord the king of England
lately deceased,--the said cardinals and others, ambassadors from the
holy council of Basil, urging us to a compliance by many reasons and
arguments,--
'We, therefore, principally through reverence to God, and from the
pity and compassion we feel for the poor people of France, who have
been such great sufferers in these troubles and divisions within that
realm, and in compliance with the admonitions and urgent entreaties of
the said cardinals, and the ambassadors from our holy father the pope
and the council, which we consider as commands to a catholic prince and
obedient son of the church, have, after calling to our aid and council
the highest lords of our blood and lineage, with others of our most
faithful vassals and counsellors, made for ourselves and our successors
a firm, loyal, and solid peace and re-union with our lord the king and
his successors, according to the tenour of the articles above recited,
which, on the part of the said king, he and his successors are bounden
to fulfil toward us.
'The whole of these articles, so far as they regard us, we approve
of and accept; and from this moment consent to and make all the
renunciations, promises, submissions, and every other concession
demanded from us in the above articles; and we acknowledge our
aforesaid lord king Charles of France as our sovereign lord, in as much
as regards the lands and lordships we hold in that kingdom, promising
for ourself and our heirs on our faith and bodily oath, on the word of
a prince, on our honour, and on the loss of our expectations in this
world and in that to come, to hold inviolate this treaty of peace,
and the whole of the articles contained in the said treaty, without
attempting to invalidate the same either by word or deed, openly or
secretly.
'For the further maintenance of this peace by ourself, and by all
others, we submit ourself and them to whatever regulations and
ordinances it may please our holy father the pope, and the holy
council now assembled at Basil, to promulgate by the lords cardinals
and the ambassadors from the said council now present; and we are
willing to suffer any censures from the church, should we fail in
the due fulfilment of all the articles contained in the said treaty.
We renounce all exemptions, whatever may be alleged to the contrary,
more particularly to that rule in law which declares that a general
renunciation is not equally valid with an especial one, the whole to be
fulfilled without fraud, deceit, or any chicanery whatever.
'That this treaty may have every due formality, and be perfectly
stable, we have caused our signet to be affixed to these presents.
Given at our town of Arras the 21st day of September, in the year
1435.' It was also signed by the duke of Burgundy, in the presence of
his council.
When the two parties had finally concluded a peace with each other, and
when every formality of signing and sealing was finished, the peace
was proclaimed with great solemnity through the town of Arras. We need
not inquire if this caused the utmost joy, and spread happiness among
the people. In general, the clergy, nobles, citizens, and a multitude
of peasants who had entered the town, were not content with one day's
rejoicing, but made many, shouting and singing carols through the
streets.
Very grand entertainments were given at the palace of the duke of
Burgundy to the knights, esquires, the ladies and damsels of both
parties, as well in eating and drinking as in dancings and other
amusements. In the apartment where this business had been concluded,
the cardinal of Santa Croce, having placed the holy sacrament on an
altar and a cross of gold on a cushion, made the duke of Burgundy swear
thereon, that he would never more call to his remembrance the death of
his late father, and that he would evermore maintain peace with king
Charles of France, his sovereign lord, and his allies. After which, the
duke of Bourbon and the constable of France, touching the cross with
their hands, begged pardon, in the king's name, of the duke of Burgundy
for the death of his said father, who gave them his pardon for the love
of God. Then the two cardinals, having laid their hands on the duke,
absolved him from the oath he had made to the English. In like manner
were absolved many great lords of his party, who, with others of the
duke's alliance, swore to be on friendship with king Charles and with
his allies. In the number was the lord de Launoy, who said aloud, 'Here
I am who have heretofore taken oaths for the preservation of peace five
times during this war, not one of which has been observed,--but I now
make promise to God, that this shall be kept on my part, and that I
will not in any degree infringe it.'
CHAP. LXXXIX.
THE ENGLISH LAY SIEGE TO THE TOWN OF ST DENIS, WHICH IN THE END
SURRENDERS TO THEM BY CAPITULATION.
During the time the English and their allies were in the Isle de
France, they besieged the town of St Denis with a very powerful
force. The principal commanders of this enterprise were the marshal
de l'Isle-Adam, the lords Talbot, Willoughby, and Scales, George de
Richammes, Waleran de Moreul, sir John bastard of St Pol, his brother
Louis de Luxembourg, sir Ferry de Mailly, Robert de Neufville, the
bastard de Thian a french knight, the Arragonian, with other notable
and expert men at arms of France and England, having under them about
six hundred combatants. They carried on their attacks with great
diligence, and pointed many cannons against the walls and gates to
batter them down.
They were frequently visited by Louis de Luxembourg, bishop of
Therounne, chancellor of France for king Henry, and governor of Paris
and the surrounding country, who was their chief adviser, and urged
them on to the completion of the business.
Within the town, on the part of the king of France, were the marshal de
Rieux, sir John Foucault, sir Louis de Vaucourt, sir Regnault de Saint
Jean, Artus de la Tour, and many more valiant men at arms, together
with six hundred combatants. On the approach of their enemies, they
made every preparation for resistance; and the greater part lodged
themselves on the walls, where they remained day and night, to be
always ready for their defence.