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to it shall belong to my lady of Orleans, and to the heirs of the late duke of Orleans. It shall be situated in whatever part of the late duke's possessions in Orleans the duchess shall please, and shall be handsomely constructed, furnished with books and all other necessaries, with an income of two thousand livres parisis; and a similar inscription to the one before mentioned shall be placed over the gate. For the greater perpetuity of this event, and that it may be made known to all foreign nations, the duke of Burgundy shall be enjoined to erect two chapels; the one near the holy sepulchre at Jerusalem, and the other at Rome, and assign to each the annual value of one hundred livres in the coin of those countries, and to provide them with all necessary furniture. In each of these chapels shall a daily mass be said for the soul of the deceased, and over the doors shall be placed the same inscriptions as over the colleges. The duke of Burgundy shall also be constrained to pay the sum of one million in gold, not to the profit of my lady of Orleans or her children, but to found and endow hospitals and monasteries, and to distribute in alms and other works of piety for the salvation of the soul of the defunct. “That this sentence may be carried into due effect, all the lands which the duke of Burgundy possesses in this kingdom shall be placed in the hands of the king, that they may be sold for the accomplishment of the above works. The duke of Burgundy shall also be condemned to close imprisonment in whatever place it may please the king, until the above sentence be carried into execution. After which, he shall be banished for ever beyond sea, or at least for the space of twenty years, to bewail and repent of his crime, or until it shall be thought he may have sufficiently done it. On his return, he shall be ordered, under severe penalties, never to approach within one hundred leagues of the queen or the children of the late duke of Orleans, without being condemned to such heavy damages, and other penalties suited to the enormity of the case, as shall be held in perpetual remembrance. He shall also be condemned to pay whatever costs my lady of Orleans and her children may have incurred on this present occasion. “I say, therefore, that such ought to be the judgment given for them, and without delay, considering the notoriety and enormity of the offence of our adversary; for it is publicly known, that the duke of Burgundy has confessed himself guilty of it. He first made a confession of his guilt to my lord of Berry and to the king of Sicily, giving no reason for it but that he was urged on by the devil: he then did the same before several noblemen. This ought therefore to weigh against him, and convict him of the crime, without further trial: nor ought you to suffer any sort of colouring to be admitted in palliation of his guilt. He ought not to be heard otherwise than he has been, for he varied not in his confessions to the different persons; and pope Innocent approves of this, in his chapter on Free Will, and Guillermus de Montleon, in his chapter on Clerical Constitutions. Pope Nicholas held king Lothaire, in like manner, convicted to his prejudice in a certain case, about which he had written to the pope, as appears in the above chapter. This confession of king Lothaire had been made in a letter, previously to any trial. The duke of Burgundy, therefore, ought to be condemned from this public confession of his crime in the presence of different persons. He has beside made a similar confession when he appeared publicly before thee, lord of Aquitaine, when thou didst sit in judgment representing the person of the king, and before the princes of the blood and all the council of state. He cannot, therefore, deny his having made such confession before competent judges. It follows then, that no further trial is necessary, but that sentence should immediately be passed; for confession of guilt should be judged the fullest evidence. “The law says, “In confitentem nullae sunt partes judicantis.’ And supposing, that according to some, a sentence is requisite, at least it is certain that no trial or examination of the cause is necessary, since this present case is extremely notorious. So has it formerly been determined by the sentence and judgment of the kings in times past, against several great lords of their day,+ to wit, that when the facts were notorious, no other process or inquisition was required. And so shall it be determined, by the grace of God, in the present case, for so reason demands. Should it, however, be thought necessary to go into another trial, which, from all I have said, I cannot suppose, my lady of Orleans is ready prepared to bring forward the fullest proof of what I have advanced, and such as must convince all reasonable persons. But as my lady can now only offer civil conclusions, and would willingly propose criminal ones, but that it belongs to the king's attorney-general according to the usage in France,—my lady, therefore, most earnestly supplicates the king's attorney to join with her, and propose such sentence as the law in this case requires.” These were the conclusions of my lady of Orleans and her sons; after which the council of the princes of the blood, and others of the king's council, with the approbation of the duke of Aquitaine, made the chancellor reply to the duchess of Orleans, that the duke of Aquitaine, as lieutenant for the king, and representing his person, and the princes of the blood-royal, were well satisfied with her conduct respecting her late lord the duke of Orleans: that they held him perfectly exculpated from all the charges that had been brought against him; and that, in regard to her requests, speedy and good justice should be done her, so that she should be reasonably contented therewith. A few days after, the young duke of Orleans, Charles, did homage for the duchy of Orleans, and all his other possessions, to his uncle Charles king of France: then, taking leave of the queen and dauphin, and the princes of the blood who were in Paris, he departed with
his men-at-arms for Blois, whence he had come. The duchess-dowager of Orleans remained in Paris.
chapTER XLVI.-GUYE DE Roy E, ARchbishop of RhEIMs, APPEALs FROM THE constituTIONs DRAwN UP BY THE UNIVERSITY of PARIs, which ANGERS THAT BoDY, AND THEY IMPRISON HIS COMMISSARY.
At this period, Guy de Roye *, archbishop of Rheims, who had been summoned specially by the king to attend the meeting of the prelates at Paris, assembled to consider on the means of uniting the whole church, neither came himself nor sent any one in his behalf. He refused to agree to the decisions of this council, and sent a chaplain as his commissary, with letters signed with his name and seal, to confirm his opposition to all the statutes they had drawn up, as well for himself and his diocese as for all his subjects within the province. The king and the clergy were much displeased at this conduct; and the university of Paris requested that the commissary should be confined in close imprisonment, where he remained for a long time.
The cardinal of Bordeaux came at this time to Paris, partly for the union of the church; and then also returned thither master Peter Paoul, and the patriarch of Alexandria, named master Symon Cramant, who had been sent by the king of France and the university of Paris, as ambassadors to the two rival popes. The assembled prelates were very anxious for their arrival, that they might be better acquainted with the business they had to manage, and on what grounds they should proceed. Master Peter Paoul frequently rode through the streets of Paris in his doctor's dress, accompanied by the cardinal riding on one side of his horse as women do. In the presence of this cardinal and doctor, the abbot of Caudebec, of the order of Cistercians, and doctor in theology, proposed, on the part of the university, a union of the church. The abbot of St. Denis, with other doctors in theology, declared for a union of the universal church; and, shortly after, the cardinal departed from Paris for Boulogne, and thence went to Calais.
The abbot of St. Denis and another doctor of theology, who had been, by the king's orders, confined in the prison of the Louvre, were released, at the request of the cardinal de Bar, and set at liberty, contrary to the will of the university of Paris. In like manner did the bishop of Cambray, master Peter d'Ailly, an excellent doctor of theology, gain his liberty. He had been confined at the instance of the university, because he was not favourable to their sentiments, and was delivered at the entreaties of count Waleran de St. Pol, and the
* Of one of the most noble houses in Picardy. 5. Drogo, counsellor and chamberlain, grand master of Matthew II. lord de Roye and d'Aunoy, grand master waters and forests in Languedoc, killed at Nicopolis. of the cross-bows, mentioned by Froissart, had issue, 6. Raoul, abbot of Corbie. 1. John III. lord of Roye, &c. 7. Reginald, who went to Hungary with his brother 2. Guy, archbishop of Rheims. Drogo. 3. Matthew Tristan, lord of Busancy, &c. 8. Beatrix-John de Châtillon, vidame of the Laonnois.
4. John Saudran de Cangy.
great council of the king. All Christendom was now divided in religious opinions, as to the head of the church, by the contentions of the two rival popes, who could not be brought to agree on the means to put an end to this disgraceful schism. +
cn APTER xlvii.—THE DUKE OF BURGUNDY ASSEMBLES A LARGE BODY OF MEN-AT-ARMS To succoup John of BAv ARIA AGAINST THE LIEGEOIS, AND COMBATS THEM.
Anour this time, John duke of Burgundy was busily employed in collecting a body of
men-at-arms to aid his brother-in-law, the bishop of Liege, whom, as has been said, the Liegeois had driven out of their country, and besieged in the town of Maestricht.
John “the INTREpid,” Duke of Burgundy.—From a picture in the Chartreuse at Dijon,
He sent for succour among his friends and allies, namely, to Burgundy, Flanders, Artois, and the borders of Picardy, whence came very many, and several from Savoy. The earl
* This schism commenced in 1378, and was not put an end to till 1409, see chap. 53, infra. It took its rise from the unwillingness with which the people of Rome beheld Avignon converted into the seat of the papal power, and their city deserted,—a course which had been pursued by all the popes since Clement W. first took up his residence there in 1309. Gregory XI. had, at the earnest solicitations of the inhabitants, visited Rome in 1377, hoping by his presence to compose the disorders which distracted all Italy; but finding all his efforts vain, he was preparing to return to Avignon, when death overtook him in March, 1378. The conclave which assembled consisted of only twenty cardinals, of whom sixteen were ultramontane, and only four Italians, and consequently they were but ill disposed to comply with the wishes of the Romans, who demanded an Italian pope. They were, however, overawed, and Bartolomeo Prignani, archbishop of Bari, then sixty years of age, a man of considerable learning, and, as it was supposed, of singular modesty and
humility, was somewhat tumultuously elected. As soon as the ultra-montane cardinals found themselves freed from their fears of the violence of the Roman populace, they denounced the election of the archbishop of Bari, who had taken the name of Urban VI., and demanded his resignation, which he peremptorily refused. Upon this they pronounced a sentence of nullity against Urban's election, and excommunication of his person; and assembling at Fondi, prevailed upon the Italian cardinals to join them in the election of a new pope, when their choice fell upon cardinal Robert, brother of the count of Geneva, and allied to most of the royal houses of Europe. He was a man of learning, talent, and courage, and being still in the prime of life, (he was only thirty-six when he was elected, on the 27th August, 1378,) he was regarded as the fittest opponent to Urban. He took up his residence at Avignon, where he continued to reside till his death, which took place on the 16th Sept., 1394. Peter of Luna, a man of a noble Arragonese family, possessed of high talents, but of a rest
of Mar", also, a Scotchman, then at Bruges, with about fourscore combatants, ready to embark for Scotland, advanced into the Tournesis, whither the duke came, and had a conference with their principal captains in the town of Tournay. On the eleventh day of September, he marched thence with a numerous body of men-at-arms, and a great train of artillery and baggage-waggons, to Enghien, where he was gladly received by the lord of the place. On the morrow, he advanced to Nivelle in Brabant, within a league of Salmes. He marched next to Flourines, where he met sir Richardt Daulphin, sir William de Tignonville, lately provost of Paris, and master William Bouratier, one of the king's secretaries, ambassadors to him from the king of France. Having obtained an audience, they said they had been sent to him from the king and the great council on two objects; first, to know whether the Liegeois and their bishop were willing to submit their differences to the king and the great council; secondly, to inform him of the suit urged against him by the duchess-dowager of Orleans and her children, for the death of the late duke of Orleans, his brother, of the replies they had made to the charges he had brought against the late duke, and that they demanded instant justice on him the duke of Burgundy, and that neither law nor reason ought to prevent sentence being passed by the king according to the conclusions that had been drawn up against him. The duke of Burgundy shortly answered, that in regard to the first point, he was willing, as was right for him to do, to obey the king's orders, but that his brother-in-law, John of Bavaria, who had married his sister, had most earnestly solicited his assistance against the commonalty and his subjects at Liege, who had rebelled, and even held him besieged. Similar requests had been made to duke William, count of Hainault, his brother-in-law, and also brother-in-law to John of Bavaria: wherefore the armaments could not now be broken up, since, during the time the ambassadors would be negotiating between the two parties, John of Bavaria, their bishop and lord, might be in great danger from his rebellious subjects, and their success might serve for an example and inducement for other subjects to resist their lords, and give rise to a universal rebellion. He added, that the king and his council might, without any prejudice to themselves, have refrained from so readily listening to such requests, as none of the aforesaid parties were subjects to the kingdom of France. In regard to the second point, he, John duke of Burgundy, made answer, that instantly on his return from this expedition he would wait on the king of France, and act towards him, and all others, in a manner becoming a good subject, and the near relationship in which he stood to the king.
less and ambitious spirit, who had alternately applied him-
what the free companions were on shore. His vessels being
The ambassadors, finding they could not obtain more satisfactory answers to the points on which they were sent, were obliged to be contented. They resolved, however, to wait the event of this expedition against the Liegeois; and during that time there came to the duke of Burgundy, from the country of Hainault, his brother-in-law duke William, accompanied
by the counts de Conversan, de Namur, and de Salines, in Ardennes, with many notable lords, as well knights as esquires, from Hainault, Holland, Zealand, Ostrevant, and other places, to the number of twelve hundred helmets", or thereabout, and two thousand infantry well equipped, with from five to six hundred carriages laden with provision and military stores. Many councils were held at Flourines, and in that neighbourhood, as to their future conduct, and whither they might march their army with the greatest probability of success. It was determined that duke William should command the van, and, as he advanced, destroy the whole country with fire and sword; that the duke of Burgundy, with the earl of Mar and the main body, should direct their march along the causeway of Branchaut, which leads straight to Tongres and Maestricht. In the last place, the lord de Pier-vvest and the Liegeois had, as has been before said, besieged their bishop and lord, John of Bavaria. In consequence of this resolution, the two dukes began their march by different roads, and destroyed all the country on the Tuesday, Wednesday, and Thursday, and met on the Saturday evening, about vespers, in the town of Montenach, situated on the above causeway. In this place and neighbourhood was the whole army lodged, forming but one body; and two marshals were appointed to command and find quarters for it;-on the part of the duke of Burgundy, the lord de Vergyf,-and on that of duke William, the lord de Jeumont. They had under their immediate orders five hundred helmets, seven hundred cross-bows, and fifteen hundred archers, all men of tried courage, with sixteen hundred carriages, as well carts as
* “Bachines." Q. Is not this rather lances 2 the more : John III. de Vergy, lord of Champlite, seneschal,
usual term. - mareschal, and governor, of Burgundy. f Before called Picruels: rightly Parwis.