‘Be pleased, therefore, to humiliate our opponent, and shew thyself an

upright and fearless judge in the cause of truth, that it may be said of

thee as it is written in the 8th chapter of the 3d book of

kings,—‘Judicabit servos suos, justificans quod justum est, attribuens

eis secundum justitiam.’ He will judge his servants, justifying them

that are upright, and giving to each according to his deserts. From

this, as well as from the preceding arguments, it plainly appears, that

thou art bounden to do the justice required by my lady of Orleans.

‘I shall now demonstrate the crime of our adversary, and how he

perpetrated such an unpardonable deed, to which I shall add six

arguments to prove the fealty and loyalty of my lord of Orleans, taking

for my theme the words of the advocate of our opponent,—namely, ‘Radix

omnium malorum cupiditas.’

‘It seems to me, that covetousness has been the original cause of this

murder,—not covetousness of wealth alone, but likewise covetousness of

honours and ambition.—Covetousness has then been the original cause, as

shall more plainly be shown hereafter.

‘To prove the greatness and abomination of this crime, I shall use six

arguments. The first is founded on our adversary having not the power or

authority of a judge over the deceased.

‘Secondly, Supposing he may have had any authority over him, he

proceeded in his own way, contrary to every maxim of law and of justice.

‘My third argument is grounded on the strict alliance that had been

formed between my late lord of Orleans and our adversary.

‘Fourthly, That this is a damnable murder, and cannot any way be

defended or explained.

‘Fifthly, That our opponent caused my lord of Orleans to be slain with a

wicked intention.

‘Sixthly, That, not satisfied with having caused the duke of Orleans to

be deprived of his life, he has exerted himself to disgrace his fame, by

defamatory libels,—thus, as it were, slaying him a second time.

‘As to my first argument, it plainly appears, that the malice of our

adversary is incorrigible, seeing that he had not any authority over the

deceased; for, according to the laws and decrees, as well as to reason

and the holy Scriptures, no one can put another to death without

authority from the judge or judicial. Otherwise, any one may slay

another at his pleasure, and tumults and confusion would reign without

any chief or head, and every one would alternately, when strongest, make

himself king.

‘So far was our adversary from having any power or authority over my

lord of Orleans that he was bound to do him honour and reverence as son

to a king, and to call him his lord, and respect him in his words and

actions, for such are the privileges and prerogatives belonging to the

sons of kings. This usurpation, therefore, of authority is apparent in

our adversary, and consequently his wickedness has been unjustly

perpetrated.

‘That authority is required as essential to enable any one to put

another to death appears clearly in many parts of the holy Scriptures:

and in fact, St Austin, when discussing the saying of our Lord, in the

26th chapter of the gospel of St Matthew,‘Omnis qui gladium acceperit,

gladio peribit;’ that is, Whosoever useth the sword shall perish by the

sword; adds, ‘All who shall, without lawful authority, make use of the

sword, or shall arm himself against another, is bold in his wickedness.’

He afterwards asserts, that even a malefactor cannot be put to death

without lawful authority; for in his Civitas Dei, ‘Qui, inquit, sine

publica administratione maleficum interfecerit, velut homicida

judicabitur.’ That is, Whoever shall slay a malefactor without the forms

of public administration of justice shall be judged guilty of murder.

This the law confirms, ‘Vigor, inquit, publicus tutela in medio

constituta est, ne quis de aliquo, etiam sceleribus implicato sumere

valeat ultionem:’—which is, That the public strength is as a defence

constituted and ordained to prevent any one from taking vengeance, even

upon him who is involved in great and abominable crimes.

‘In truth, the advocate for our adversary may say, that the laws should

only take cognizance of such as act contrary to law; and that as a

tyrant proceeds directly in opposition to them, he will affirm that this

murder is no way contrary to the law. Alas! and does the advocate of our

opponent know that my late lord of Orleans was a tyrant? Who is the

judge that declares him such?

‘The fallacy of this assertion must be strictly examined, for on this

deception is founded the supposition of my lord being a tyrant; and as

our adversary groundlessly asserts, that the late duke of Orleans was a

tyrant in the eye of reason, he concludes that it was lawful to put him

to death. Let us, however, consider the properties of tyranny, and who

should be accounted tyrants.

‘The philosopher says, in his 4th chapter on morals, ‘Tyrannus est, cum

aliquis princeps, vi et violentia potestatis, sine titulo terram usurpat

alienam, et de facto aliquam occupat civitatem vel patriam et qui

incorrigibilis est, et nulli obediens.’ Now let us see whether my lord

of Orleans had these properties. Certainly not; for he never took

possession of another’s land: if any one know the contrary, let him say

so.

‘Our opponent, therefore, ought not to have called the duke of Orleans a

tyrant, for he never usurped any dominion, excepting over such places as

were given him as appanages by the king, or what he had himself justly

acquired. The duke of Burgundy, on the contrary, withholds three castles

and their dependencies, without any just title, from the inheritance and

domain of the king, namely, Lille, Douay and Orchies, notwithstanding

his oaths on the holy sacrament to the king, that he would restore them

to the crown, according to the conditions and agreements then made.

‘My lord of Orleans was never incorrigible; for I firmly believe that

never did so great a prince pay more respect and honour to the laws.

‘Let our opponent say what acts or opposition the duke of Orleans ever

committed or made against the laws. There are many noble persons now

living, who can testify that no lord ever supported or maintained the

dignity of justice more than the duke of Orleans during his whole life.

‘If we consider the properties of a tyrant according to the

philosophers, they declare that a tyrant bends his whole mind to slay

and destroy the prudent and wise: he seeks the ruin of churches and

colleges of learning, and is solely occupied with destruction. He is

much to be feared for his wickedness, whilst he studies to preserve his

personal safety by strong guards. Such were not the qualities of my late

lord, for his were the direct opposite.

‘In the first place, he never caused either wise men or fools to be put

to death, but was particularly fond of the learned, and desirous of

seeing any new improvements. In regard to churches, so far from

destroying them, he repaired many, and founded some new ones, to which

he gave large estates, as is well known. As for guarding his personal

safety, he felt himself so innocent and pure toward all mankind, that he

suspected no one of attempting to hurt him, and took no precautions, as

you have seen, against his murderers. In fact, had he been of a

suspicious temper, he would not have been thus treacherously slain.

‘It is therefore wonderfully astonishing how our adversary should have

dared to have called the duke of Orleans a tyrant, by way of excusing

his abominable act, when it is apparent that his qualities were directly

the reverse to those of a tyrant. This I think a sufficient answer to

the damnable proposition of our opponent.

‘But the advocate for our adversary says, That whatever he may have done

contrary to the letter of the law was not, however, contrary to the

intention of the maker of the law, nor contrary to its spirit, but

through love of God. Who is he that has thus revealed to him the

intention of the Maker of the law, and that it is the object of laws to

cause men to be put to death without authority or sentence of the law?

The consequence would be, that any prince may be made away with, under

pretence that he was a tyrant; for every one would interpret the law

according to his fancy, which would create the greatest misfortunes.

‘Cujus est leges condere ejus est interpretari.’ It is therefore clear,

that our opponent could not establish laws binding on the duke of

Orleans, who was not his subject, or interpret the law in respect to

him. For although his advocate styles him dean of the peers, it does not

follow that he had any authority over the defunct; for if so, he would

have authority over the whole kingdom, and be equal to the king. What

though he be a peer? he has no power but over his own lands; and in so

much as he attributes to himself the power of another over the realm, he

appropriates to himself kingly domination.

‘His advocate has indeed alledged twelve reasons to prove that his lord

might lawfully put to death the duke of Orleans without orders from any

one whatever. The three first are founded on the declarations of three

doctors in theology, and three others on the writings of three moral

philosophers,—three on the civil law, and the three last on examples

drawn from the holy Scriptures.

‘With regard to the first, taken from the writings of St Thomas Aquinas,

who says,—‘Quando aliquis aliquod dominium sibi per violentiam suscipit

nolentibus subditis, vel sine consensu communitatis et non est recursus

ad superiorem per quem de tali invasore judicium posset fieri, tunc qui

ad liberationem patriæ talem tyrannum occidit laudatur et præmium

accipit.’ To this I reply, that it is no way applicable to the case; for

my lord of Orleans never intruded on any other’s domination by violence,

nor did he attempt to usurp the power and authority of the king. I say,

he never even thought of such a thing, as will more amply be shown in

the third part of my defence of him.

‘I am therefore right in saying, that Saint Thomas speaks of him who may

be proved a tyrant,—but my lord of Orleans was not one. On this subject

St Austin proposes a question, whether it be lawful for a pilgrim to

kill a robber, who is on the watch on the highway? and from his

conclusion it is apparent, that he does not think it lawful for any man

to put another to death without sentence of the law, as Henry de Gand

afterward determined.

‘I shall add, that supposing my lord of Orleans was such a person as our

opponent describes him, but which I deny, he had a safe resort to the

king, when he was in good health and cheerful with the queen and the

princes of his blood,—none of whom would have hesitated to have

personally exposed himself in bringing to punishment the duke of

Orleans, had he been proven guilty of usurping the king’s authority.

Most certainly, my late lord had too good an understanding to imagine he

could ever succeed to the crown, when so many obstacles were against him

and the king assured of successors.

‘The second reason is founded on the authority of St Peter, who says,

‘Subditi, estote regi quasi præcellenti sive ducibus tanquam ab eo

missis ad vindictam malefactorum, laudem vero bonorum quia hæc est

voluntas Dei.’ These words appear to me of no weight in the present

case; for it would seem that the Apostle would not that any duke should

have dominion over a whole kingdom, but solely in his own country:

otherwise it would follow that Brittany, Berry, and the other duchies

within the realm, should obey the duke of Burgundy.—The advocate has,

therefore, wrongfully perverted the holy Scripture to his purpose.

‘His third reason is drawn from what Sabellicus says, in the fifteenth

chapter of his third book, ‘Tyranno licet adulari quem licet occidere.’

That is to say, It is lawful to flatter and deceive a tyrant who may

legally be put to death; but Sabellicus here speaks of such as have been

proven and known for tyrants.

‘The fourth reason is founded on what Aristotle says, in his book on the

government of cities, That it is lawful, and even praiseworthy, to slay

a tyrant. But Aristotle alludes to a public tyrant; and such was not my

lord of Orleans, as I have before shown.

‘The fifth reason is grounded on the praise Tully, in his book ‘de

Officiis,’ gives to those who killed Cæsar. To this I reply, that

although Tully was a man of great ability, he here speaks as an

ill-wisher to Cæsar; for he was always of the party, and supported the

cause of Pompey the rival and adversary to Cæsar,—and Cæsar perpetrated

many deeds which my lord of Orleans never thought of.

‘The sixth reason is grounded on what is said in the sixth chapter of

the second book of the Misfortunes of great Men: ‘Res est valde

meritoria occidere tyrannum.’ To this I answer, That it must apply only

in cases where no other remedy can be had; and the conduct of our

opponent has been illegal and wicked.

‘The seventh and two following reasons are founded on the civil laws,

which declare there are three sorts of men who may lawfully be put to

death,—namely, such as disgrace their knighthood, highway robbers, and

housebreakers found during the night within any dwelling. Now my lord of

Orleans cannot be included with any one of the above three classes. He

was ever attended by a noble body of chivalry, and was fond of it beyond

measure. And in regard to the two other cases, I maintain that the law

does not command such to be slain except when the danger is most

inevitable. They can in no wise be applicable to my lord of Orleans,

who, thank God, was no waylayer on the high roads, nor a housebreaker;

and there is no law in the world that can excuse our adversary.

‘The example of Moses, who slew an Egyptian without any authority, is

produced to support the tenth reason. To this I say, according to the

opinion of St Austin and many other doctors, that Moses sinned in

killing the Egyptian; and although Moses and St Peter both acted

contrary to the rules of justice, their cases are not similar,—for Moses

was a Hebrew, and noticing an unbeliever moving towards his brother, to

slay him, put him to death to prevent him from so doing.

‘The eleventh reason is grounded on the instance of Phineas, who slew

Zambry without orders, and not only remained unpunished, but was

remunerated for it. Thomas Aquinas says, in exculpation of this act,

that he did it as a teacher of the law, for he was the son of the high

priest, and, on this account, had power and public authority. This is

also inapplicable to the question before us, as history will show.

‘The twelfth reason is founded on Saint Michael having slain Lucifer

without the Divine command. For this he was rewarded with riches and

power, as our opponent says. To this I reply, That St Michael did not

slay Lucifer,—and the assertion that he did so is deserving only of

derision; for the slaying of Lucifer is nothing more than the

deprivation of the Divine grace, and of the sovereign glory of paradise,

whence he was cast out by God for his inordinate pride. O, my lords! in

what book has this advocate learned such theology? I am confounded at

the boldness of his assertions, for there is not certainly any book in

which it can be found. On the contrary, we see in the epistle of St

Jude, that St Michael dared not to rail against Lucifer, although he had

power over him, nor command him to do any thing; but he only said, ‘Our

Lord commands thee;’ and thus it clearly appears, that the arguments

which our adversary has produced are no way applicable to his case, nor

can they serve to justify his disloyal and treacherous act.

‘I repeat, that such murders as the above, which our opponent has

brought forward, are not of any consequence as examples; for many things

have been suffered, that are mentioned in the Old Testament, which are

now forbidden. As for instance, Samuel, as a churchman, put to death the

king Amalech,—but at this day it is not lawful for a churchman to commit

such crimes. To Moses was given the power of repudiation from the

marriage-vow, which is now forbidden. The doctrine, therefore, which is

here attempted, and the examples quoted to palliate and even justify

this atrocious crime, cannot be supported; and truly princes would be in

constant dread of death, if this deed go unpunished,—for should any evil

report be spread abroad of them, some one of their subjects might take

it into his head to punish them himself for it.

‘O, princes! consider well, that if such doctrines are supported, any

man may say, ‘I also may kill him as such a one did.’ You will therefore

be pleased to condemn this false doctrine as dangerous, seditious and

abominable. Our adversary, and all those of his party, may then say with

Jeremiah, in his twentieth chapter, ‘Confundantur vehementer qui non

intellexerunt opprobrium sempiternum quod nunquam delebitur.’

‘The second argument is founded upon this consideration, that the cruel

death of the duke of Orleans was not accomplished according to the way

of justice; and supposing our adversary had the right to inflict it, he

was, notwithstanding, bound to do so according to the forms of law, by

information, and on the testimony of irreproachable witnesses. But he no

way followed this course; for he first kills the duke of Orleans, and

then seeks for reasons to exculpate himself for so doing. O, God! what a

trial, and what a judge!! O, justice! do thy duty; and what thou owest

to thyself, defend thy own cause against one who seeks to reduce thee to

nothing. In truth, every law ordains that causes should be first tried,

and sentences examined, before they are put into execution; and to this

purpose Julius Cæsar, according to what Sallust relates, said, That when

judges shall put men to death before they be condemned, the greatest

evils may arise, and no man live in security. He brings, as an example,

the Lacedemonians, who, after their victory over the Athenians,

constituted thirty persons to govern the public state, who put to death

numbers without any previous trial, which caused great misfortunes.

‘The like will befal us, if such crimes are suffered to go unpunished.

Sallust tells us, that when Cataline and his associates were intending

to burn the city of Rome and murder its senators, Tully was then consul;

but although he was fully acquainted with the plot, he did not cause one

of the conspirators to be put to death until he had fully proved their

guilt. Now, my lords, as I have fully and clearly proved the heinousness

of the crime with which I have charged the duke of Burgundy; and as it

was done contrary to all law and justice, I trust it will not remain

unpunished, according to the words of our Lord by the prophet Isaiah, in

his 47th chap.: ‘Videbitur opprobrium tuum, ultionem capiam, et non

resistet mihi homo.’

‘My third argument is grounded on our adversary’s having entered into

the strongest possible alliance with the duke of Orleans, in the

presence of many of their dependants; and a twelvemonth prior to the

murder of the above duke this alliance was renewed before several

prelates, nobles, clergymen and counsellors of each side, when the two

dukes swore on the crucifix, with the holy evangelists in their hands,

to the due and faithful observance of it, promising, on the salvation of

their souls, and by their honour, that henceforward they would be to

each other as brothers and companions in arms, engaging to reveal

mutually any evil designs that might be plotted or meditated against

their persons or interests. They then agreed to wear each other’s badge,

which was done. And at the last feast at Compiègne, for the greater

confirmation of the above, my lord of Orleans and our adversary made

many of their knights and dependants alternately swear, that they would

loyally and truly abide by and support the bonds of friendship entered

into between them, through love and attachment to their persons,—and

would make known to each party any thing that should be imagined against

their persons or estate.

‘Moreover, my lord of Orleans and our adversary entered into other

private engagements, promising and swearing on the true cross, that they

would mutually defend and guard each other’s person and honour against

all who should attack them. This agreement was signed with their own

hands and seals.

‘What now, O duke of Burgundy! canst thou say to these things? Who now

can put any confidence in thee? for thou canst not deny the above

alliance, as there are many witnesses to it now living: thou hast been

publicly seen by the whole city wearing the badge of the duke of

Orleans.

‘How did my late lord act? Certainly in no way hurtful to our opponent;

for from that time no reproachful or angry words passed between them,

that could any how be ill interpreted. It is plain, therefore, that our

adversary has wickedly and treacherously put to death him who had the

fullest confidence in his honour.

‘O duke! what reply canst thou make to this? Shouldst thou say, that

thou didst cause him to be put to death on account of the wickedness

which thou hast by thy command caused to be imputed to him,—say, then,

why thou enteredst into any alliance or bonds of friendship with such an

infamous traitor as thou hast had him painted. Thou knowest, that loyal

men will never form a friendship with traitors. Thou sayest, that the

duke of Orleans was a traitor to his king: thou therefore makest thyself

a traitor by the act of forming an alliance with him.

‘Thou hast accused my lord of Orleans of having made an alliance with

Henry of Lancaster: what wilt thou say to the alliances thou thyself

afterward enteredst into with the duke of Orleans. If these things had

happened after thy alliance with my late lord, thou wouldst have had

some colour to have broken with him, although even this would have been

barely sufficient; but thou knowest well that thou hast not alledged any

thing against him, in thy scandalous libel, posterior to these

alliances.

‘O, abominable treason! what can be offered in thy excuse? O ye knights,

who consider honour as your judge! God will never suffer you to approve

of such deeds.

‘O, duke of Burgundy! thou hast frequently visited the duke of Orleans,

when alive: thou hast eaten and drank with him: thou hast even taken

spices out of the same dish with him, in token of friendship. In short,

on the Tuesday preceding his death, he most kindly invited thee to dine

with him the Sunday following, which thou promisedst to do in the

presence of my lord of Berry, now here. Assuredly my lord of Orleans

might have quoted the words of JESUS CHRIST to the traitor Judas, ‘Qui

mittit manum mecum in paropside, hic me tradet.’

‘O, my lords! weigh well this treason, and apply a remedy to it.

Consider how strongly the faith and loyalty of chivalry should be

guarded and the words of Vegetius, when speaking of chivalry, ‘Milites

jurata sua omnia custodiant.’ To the observance of this, all princes are

bound,—for he who shall disgrace his loyalty or honour is unworthy of

being called a knight.

‘My fourth argument is founded on this consideration, that the death of

my late lord, the duke of Orleans, was damnable and disloyal,—and any

one who should maintain or assert the contrary would not be a good

Christian. We see that the secular justice allows to malefactors time

for repentance,—but thou, cruel adversary! thou hast caused my lord so

suddenly to be put to death that, inasmuch as in thee lay, he died

without repenting of his sins. It seems, therefore, that thou hast

exerted all thy influence to procure the eternal damnation of his soul

when thou destroyedst his body; and most assuredly thou wilt find great

difficulty to make thy peace with God,—for insomuch as thou believest

him the greater sinner, so much the more need had he, as thou mayst

suppose, of a fuller and longer repentance.—It follows, then, that thou

hast deprived him, to the utmost of thy power, of any possibility of

repentance,—and consequently thy sin becomes the more grievous and

inexcuseable, more especially as my lord was no way expecting to die

when he was thus suddenly and cruelly cut off.—Nevertheless, I trust

that our Lord may have granted that he died in his grace; and I the more

readily believe it, inasmuch as, a short time before this sad event, he

had most devoutly confessed himself.

‘I repeat, that it is the deed of a wicked Christian thus to put a man

to death; and whoever may say the contrary, or maintain that it is

meritorious, I tell him, that he speaks wickedly and erroneously,

according to the theologians.

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