observance of this treaty; and if it be the good pleasure of the king
he may appoint some of his knights as conductors to the men at arms,
and superintendents on their leaders, to prevent them and their men
from delaying their march, and also from committing waste in the
countries through which they shall pass.
Item, the aforesaid lords will not return near the person of the king,
unless they be sent for by him, by letters patent under the great seal,
confirmed by his council, or on urgent business,--nor shall any of the
aforesaid lords intrigue to obtain orders for their return; and this
they shall especially swear to before commissioners nominated for the
purpose. The king shall make the terms of this treaty public, and all
the articles they shall swear to observe.
Should the king think it necessary to send for the duke of Berry,
he shall, at the same time, summon the duke of Burgundy, and _vice
versa_; and this he will observe, in order that they may both meet at
the same time on the appointed day, which will hold good until the
ensuing Easter in the year 1411; and from that day until the following
Easter in 1412, no one of the aforesaid shall proceed against another
by acts of violence or by words.--Every article of this treaty to be
properly drawn out and signed by the king and his council, with certain
penalties to be incurred on the infringement of any of them.
Item, the king shall select certain able and discreet persons, of
unblemished characters, and no way pensioners, but such as have solely
given their oaths of allegiance to the king, to form the royal council;
and when such persons have been chosen, a list of their names shall be
shown to the princes on each side.
Item, the dukes of Berry and Burgundy, having the wardship of the duke
of Acquitaine, shall agree together as to the person who shall be their
substitute in that office during their absence; and powers for so doing
shall be sent to the duke of Berry, as he is at present without them.
Item, the provost of Paris shall be dismissed from all offices which he
holds under the king, and another shall be appointed according to the
king’s pleasure, and as he may judge expedient.
Item, it was ordained, that no knight, or his heirs, should in future
suffer any molestation because he had not obeyed the summons sent him
by either of the parties; and should they be any way molested, the king
would punish the offender by confiscation of his property. Letters,
confirming this last article, shall be given by the king and the
aforesaid lords to whoever may require them.
This treaty was concluded on All-saints day, and on the ensuing Monday
confirmed; and four days after, the greater part of the articles were
fulfilled. Sir John de Neele, chancellor to the duke of Acquitaine,
was, by the king’s command, appointed to receive the oaths of the lords
on each side.
The king dismissed his provost of Paris, sir Peter des Essars, knight,
from all his offices, and nominated sir Brunelet de Sainct-Cler, one of
his masters of the household, to the provostship. He also sent letters,
sealed with his great seal, to the duke of Berry, appointing him to
the guardianship of his son, the duke of Acquitaine.
In consequence of one of the articles above recited, twelve knights,
four bishops, and four lords of the parliament, were appointed to
govern the kingdom,--namely, the archbishop of Rheims, the bishops
of Noyon and Saint Flour, master John de Torcy, lately one of the
parliament, but now bishop of Tournay, the grand master of the king’s
household sir Guichart Daulphin, the grand master of Rhodes, the
lords de Montenay, de Toursy, de Rambures, d’Offemont, de Rouvroy, de
Rumacourt, Saquet de Toursy, le vidame d’Amiens, sir John de Toursy,
knight to the duke of Berry, and grand master of his household, and the
lord de St George. The two last were nominated, by the dukes of Berry
and Burgundy, guardians to the duke of Acquitaine during their absence.
The two parties now left Paris and the adjoining fortresses and
castles; but on the following Saturday, the king was again strongly
seized with his usual malady, and confined in his hôtel of St Pol. The
queen and her attendants, then at Vincennes, returned to Paris with her
son, the duke of Acquitaine, and fixed their residence, with her lord,
in the hôtel de St Pol.
The duke of Burgundy went to Meaux, where he was met by the king of
Navarre;--and thence the duke went to Arras and Flanders, accompanied
by sir Peter des Essars, late provost of Paris, and his most
confidential adviser; and he always gave him the title of provost of
Paris, as though he had still retained the office.
Conformably to the treaty, all the men at arms on each side returned
to the places whence they had come, but plundering the poor people
on their march. A number of Lombards and Gascons had formed part of
the army of the duke of Orleans, who were mounted on terrible horses,
that were taught to wheel round when on full gallop, which seemed very
astonishing to the French, Flemings, Picards, and Brabanters, who had
not been accustomed to such movements.
Because the count d’Armagnac had joined the duke of Orleans with a
large body, his men were called _Armagnacs_; and in consequence, the
whole of that faction were called _Armagnacs_. Although there were many
princes of much higher rank in either party than the count d’Armagnac,
they were not pleased if they were not called by this name, which
lasted a very considerable time.
As the treaty before mentioned had been concluded at the hôtel de
Winchester, where the dukes of Berry and Orleans, with others of their
party were amusing themselves, it was called ‘The Peace of Winchester.’
All who had come to these meetings at Paris now departed, and those
to whom the government had been intrusted remained near the person of
the king and the duke of Acquitaine. The people expected, that by this
means they should enjoy more peaceable times; but it happened just the
contrary, as you shall shortly hear.
CHAP. XXIII.
A MEETING OF THE UNIVERSITY AND CLERGY IS HELD ON THE XXIII. OF
NOVEMBER, IN THE CHURCH OF ST BERNARD AT PARIS, ON THE STATE OF
THE CHURCH.
When peace had been established, a large congregation was held, by
order of the university, on the 23d of November, in the church of
the Bernardins in Paris,--to which were called, the bishop of Puy
in Auvergne, many other prelates, and in general all bachelors and
licentiates in canon and civil law, although in former times doctors
only had been summoned.
This assembly was holden at the request of the archbishop of Pisa,
and other legates from the pope, on the subject of tythes, the vacant
benefices, and the effects of the dead. But it was opened by the
adoption of a solemn ordinance, which had been ordained during the
papacy of Pietro della Luna, respecting the liberties of the french
church, in the year 1406, and since confirmed by the king, his great
council, and the parliament, namely, that the said church shall be
maintained in all its ancient privileges. It was thus freed from all
tythes, procurations, and subsidies, or taxes whatever. And as the
object of these legates was to establish the above impositions, it was
resolved that the aforesaid ordinance should be strictly conformed to;
and the more effectually to have it observed, they sent deputations
to the king, to his council, and to the parliament, to whom the guard
of this ordinance belonged, to obviate the inconveniences that might
follow should any article of it be infringed.
It was also concluded, that should the legates attempt, by menaces of
ecclesiastical censures or otherwise, to compel payment of any tribute,
an appeal should be made from them to a general council of the church.
Item, should any collectors or sub-collectors exact subsidies to
the church, they shall be arrested, and punished by confiscation of
property, and, when they have no property, by imprisonment.
It was also concluded, that to settle this matter, the king’s attorney,
and other lords, should be requested to join the university. But it was
at last resolved, that should the pope plead an evident want of means
to support the church, a council should be called, and a charitable
subsidy granted, the which should be collected by certain discreet
persons selected by the council, and the amount distributed according
to the directions of the said council.
On the ensuing Monday was held a royal sessions, at which the duke of
Acquitaine, the archbishop of Pisa, and the other legates from the
pope, the rector and the members of the university were present. In
this meeting, the archbishop declared, that what he demanded was due
to the apostolic chamber, by every right, divine, canon, civil and
natural, and that it was sacred and simple justice,--adding, that
whoever should deny this right was scarcely a Christian.
The university was greatly displeased, and said, that such expressions
were derogatory to the king’s honour, to that of the university, and
consequently of the whole kingdom. From what had passed, another
general assembly was holden on Sunday the 30th of November, in the
place where it had been held the preceding Sunday; and it was then
determined that the university should send a deputation to the king,
to lay before him the words uttered by the legates, and to demand that
they should be publicly recanted by them. It was proposed, that in case
they should refuse so to do, the faculty of theologians should bring
accusations against them, on the articles of faith, and they should be
punished according to the exigence of the case. It was also resolved,
that the university of Paris should write letters to all the other
universities in the realm, and to the prelates and clergy, to invite
them to unite in their opposition to such tenets.
Many other things were agitated in this meeting, which I pass over for
the sake of brevity. It was, however, finally concluded to send an
answer to the pope, that he could not have any subsidy granted him in
the way which had been proposed. The meeting came to the resolution,
that the university of Paris should require from the archbishop of
Rheims, and those of the members of the king’s government who, as
members, had given their oaths to the university, to join in the
measures they had adopted, otherwise they should be expelled the
university.
It should be known, that while these things were passing, the legates,
fearful of the consequences, hastily left Paris, without taking leave,
as is usually done. The holy father, however, sent ambassadors to the
king, to demand payment of the tenth imposed on the french church. When
they declared the object of their mission to the council of state, and
in the presence of the duke of Acquitaine, they said, that not only
was the french church bound to pay this subsidy to the pope, but all
other churches which were under his obedience,--first, from the divine
law in Leviticus, which declares that all deacons shall pay to the
high priest a tenth of their possessions,--and, 2dly, by natural and
positive law.
Whilst these things were passing, the university came to the council,
and on the morrow a congregation was held in the monastery of the
Bernardins. It was then resolved that the manner of demanding this
subsidy should be reprobated, for that it was iniquitous, and contrary
to the decree of the king and his council in the year 1406, for the
preservation of the franchises of the french church. The university
insisted on this decree being preserved inviolate, and declared, that
if the pope or his legates attempted to constrain any person to pay
this subsidy by censures of the church, it would appeal to a general
council on this subject. Should any of the new ministers attempt any
thing against this decree, the university would appeal to the king and
the whole council of state; and should any members of the university
urge the payment of this tenth, they should be expelled; and if any
persons, guilty of the above offence, should have any property of their
own, the university would require that the said property should be
confiscated to the king’s use, otherwise they should be imprisoned.
Should the holy father adopt the manner of raising this subsidy by
way of charity, it would be agreeable to the university that the king
should call together the prelates of his realm,--first, to consider
what subjects should be discussed in the general council of the church
to be holden on this occasion; secondly, to deliberate on the demands
made by the ambassadors respecting the tenth. Should it be determined
for the pope to receive this subsidy, the university expressed its wish
that some sufficient person should be deputed from this kingdom to
receive the amount of the same, for the peace and union of the greek
and latin churches, and from England for aid of the holy land, and the
preaching the gospel to all the world; for such were the purposes for
which the legates declared the holy father raised this subsidy. The
university solicited the members of the parliament to unite themselves
with them, for it was in support of their decree made on the demand of
the king’s attorney-general.
Juvenal des Ursins[66] was deputed by the university to reply to what
the pope’s ambassadors had advanced before the council; but at length
the archbishop of Pisa, perceiving he could not otherwise gain his
object, humbled himself much before the university, and spoke privately
to some of the principal members to prevail on them to assist him.
However, on the 28th day of January, it was declared, that no subsidy
whatever should be granted to the pope without the previous consent of
the french church; and the deliberation on this matter was deferred to
the 10th of February, when many prelates were summoned to give their
opinions thereon. Through the active diligence of the university, the
legates could not obtain consent that a subsidy in any shape should be
granted to the pope, although the greater part of the lords, and in
particular the princes, were very agreeable to it.
While these matters were transacting at Paris, the holy father sent
letters to the king of France and to the university, to say that
the Florentines refused any longer to obey him, from fear of king
Ladislaus; that this king Ladislaus was assembling an immense army,
as the pope wrote word, to conquer Rome and the adjacent country,
that he might place in the chair of St Peter a pope according to his
pleasure. Should this happen, a more ruinous schism might befal the
church than the former one,--to obviate which, he requested from the
king, the princes, and university, aid and support. This was, through
the intercession of the archbishop of Pisa, complied with, and in the
manner that shall be hereafter related.
CHAP. XXIV.
THE LORD DE CROY IS MADE PRISONER WHEN GOING ON AN EMBASSY
FROM THE DUKE OF BURGUNDY TO THE DUKE OF BERRY, TO THE GREAT
DISPLEASURE OF THE LATTER.
The duke of Burgundy, shortly after he had left Paris, sent three of
his counsellors, namely, the lords de Croy and de Dours, knights, and
master Raoul, head canon of Tournay and of Amiens, licentiate of law,
as ambassadors to the king at Paris, and to his uncle and godfather,
the duke of Berry, at Bourges. But when they were travelling between
Orleans and Bourges, the lord de Croy was arrested by the officers
of the duke of Orleans on the last day but one of January, without
any molestation being given to the other two ambassadors or their
attendants.
He was carried to a castle within three leagues of Blois, and, on the
morrow, strictly interrogated respecting the murder of the late duke
of Orleans, and put to the torture to confess if he had been any way
consenting to it, or an accomplice in it; but they could not discover
any thing to his prejudice. On the following Sunday, he was carried to
Blois, and confined in the dungeons of a prison.
The other ambassadors continued their route to Bourges, where, having
explained to the duke of Berry the object of their mission, they humbly
entreated that he would exert himself with the duke of Orleans that the
lord de Croy might obtain his liberty. When they related to him the
manner of the lord de Croy being arrested, the duke was filled with
indignation, and instantly sent letters signed with his hand to the
duke of Orleans, to say that he must immediately give up his prisoner,
whom he had illegally arrested when coming to him; and that if he did
not do it, he would have him for his enemy.
The duke of Orleans, on the receipt of this letter, considered it well,
and replied at length most courteously to the duke of Berry, excusing
himself for what he had done, but putting off the setting the lord de
Croy at liberty. The king and the duke of Acquitaine were soon made
acquainted with this arrest,--and they sent letters to the duke of
Orleans, commanding him instantly to deliver the lord de Croy from his
imprisonment, on pain of incurring their indignation.
Notwithstanding these letters, the duke of Orleans would not give him
his liberty, but kept him in close confinement, where he was very often
most rigorously treated, and at times examined and put to the torture.
In the mean time, the other ambassadors sent messengers to the duke of
Burgundy, to notify to him this conduct and the means they had taken in
vain for the deliverance of the lord de Croy.
The duke was much surprised and vexed at this news, for he greatly
loved the lord de Croy. Having considered this insult, and others that
had been offered to his friends, he thought it time to take effectual
measures for his security, and in consequence amassed as large a sum as
he could: to this end, he sold his right to all confiscations within
the town of Ghent to the townsmen, and yielded for money several other
privileges to the Flemings. He likewise carried his son, the count
de Charolois, to show him to many of the principal towns as their
future lord, who, on this occasion, made him considerable presents. He
afterward held a grand council on his affairs, in the town of Tournay,
which was attended by his brothers-in-law duke William and the bishop
of Liege. The count de Namur was also present, and several great lords
from the borders of the empire. The duke of Burgundy solicited their
aid against his enemies, should need be, and in particular against
the duke of Orleans, his brothers and allies. This service they
offered him liberally, to the utmost of their power. Having obtained
their promises, he went to Lille, whither the marshal Boucicaut, late
governor of Genoa, came to meet him. He received him very kindly, and
carried him with him to his town of Arras, whither he had convoked all
the lords and nobles of the county of Artois and its dependancies.
When they were assembled in the great hall of his residence, he
addressed them himself, and caused them to be harangued by master
William Bouvier, knight, licentiate of law, to explain how his enemies
were plotting daily to arrest and imprison his friends, and had
actually arrested and imprisoned the lord de Croy; for which cause he
had now assembled them, to request that they would remain loyal, and
that, should there be a necessity, they would enter into his pay and
serve him,--for they might be assured it would be solely in his own
defence, and for that of the king and the duke of Acquitaine, that
he would ever take up arms. He declared, that it was merely for the
preservation of the crown to his present majesty, and to his heirs,
that he had slain the duke of Orleans, father to the present duke.
This death had been lately pardoned, and peace established by the
king in the town of Chartres, and proclaimed by letters patent. He
added, that should any of the conditions of that treaty of Chartres be
unaccomplished by him, he was ready to fulfil them, and willing to do
any thing else that would afford satisfaction.
When he had concluded his speech, the nobles and knights present
unanimously replied, that they would serve him to the utmost of their
power. The meeting then broke up, and each man returned to his own
country and home.
The marshal Boucicaut went to Paris, and in full council, presided
by the duke of Acquitaine in the place of his father, he accused the
Genoese of various crimes, and exculpated himself for having lost that
town; and ended by entreating, that he might be sufficiently supplied
with men and money to offer them battle and regain it.
The council deferred giving an answer at the moment, but appointed a
day for him to receive it. In the mean time, Boucicaut waited on all
the principal lords, to interest them in his cause, and to beg that
they would press the king and council to hasten a compliance with his
request. It was ordered by the council, conjunctively with the three
estates, that the Genoese should be summoned to appear before them at
Paris, at the feast of Easter, when many of the nobles would be there
assembled on other weighty affairs, particularly to have their consent
that the duke of Acquitaine should be appointed regent of the kingdom,
for the Parisians were extremely pressing that this should be done.
The duke of Berry, however, was much displeased when he heard of it,
and, to prevent it, wrote urgent letters to the duke of Acquitaine, to
the queen, and to the great council, giving substantial reasons why
this could not and ought not to be done, considering how very young the
duke of Acquitaine was,--adding, that he and his brother Philip duke of
Burgundy, of good memory, had sworn on the holy sacrament that they
would support and defend, to their last drop of blood, their nephew,
the king now on the throne, against all who should attempt any thing to
his dishonour or disadvantage.
While these things were in agitation, the king recovered his
health,--and of course, the duke of Acquitaine was not regent, to the
great satisfaction of the duke of Berry, who was much rejoiced thereat.
In consequence of the quarrel that had now again broken out between the
dukes of Orleans and Burgundy, the king issued a proclamation to all
the bailiwicks, provostships, seneschalships and governments in his
realm, to forbid all nobles, of whatever rank they might be, and every
other person, to obey the summons or join in arms either of the above
dukes, under pain of their property being confiscated.
On the Wednesday of the holy week, the duke of Bourbon and the count
de Vertus, brother to the duke of Orleans, marched five hundred men at
arms to Clermont in Beauvoisis, and thence invaded Normandy. The count
de Vertus did not remain long there, but, taking a part of the men at
arms, left the duke of Bourbon, and hastened to the countries of the
Soissonnois and Valois, to the territory of Coucy, which belonged to
his brother, and there placed a good garrison.
True it is, that when the duke of Burgundy heard this, he was much
troubled, and, as speedily as he could, ordered his men at arms to meet
him at Château-Cambresis the last day but one of April. But when these
transactions came to the knowledge of the king and council, he sent
able ambassadors to each of these dukes, to forbid them, under pain of
having all their lands confiscated, and being declared enemies to their
king and country, to attempt any expeditions against each other, and
commanded them instantly to disband their forces. For this time they
very humbly obeyed his orders, and deferred proceeding further for a
considerable space.
[A. D. 1411.]
CHAP. XXV.
THE DUKE OF ORLEANS SENDS AMBASSADORS TO THE KING OF FRANCE,
WITH LETTERS OF ACCUSATION AGAINST THE DUKE OF BURGUNDY AND
THOSE OF HIS PARTY.
At the commencement of this year, the duke of Orleans was displeased
that those ministers who had been nominated by the duke of Burgundy had
greater influence than any of the others, and that they daily deprived
such as had been attached to the late duke of Orleans, and were now
his friends, of their offices. In consequence, he sent ambassadors
to the king to complain of this conduct, and to require that the
murderers of his father should be punished conformably to the articles
of the treaty, but who were now residents within the kingdom. To these
ambassadors promises were made, on the part of the king, that proper
remedies should be applied to give them satisfaction.