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harangued the assembly in the name of the university of Paris, and took his text from the hundredth Psalm, “Fiat pax in virtute tua.” He addressed himself to the throne, and to the princes of the blood and other nobles there present, exhorting them to attempt every possible means to restore peace and union to the church, by putting an end to the dangerous schism, proving to them the wickedness of Pietro della Luna, that he was an incorrigible heretic, and ought not to be styled pope Benedict, nor enjoy the dignity of cardinal or any other, and that they were not bound to obey him, and indeed could not without incurring the penalties due to favourers of heresy and schismatics. He brought forward many examples of former popes, which were favourable to his arguments, and the determination of the last council, when it had been resolved, that if Pietro della Luna and his adversary did not establish peace within the church before Ascension-day, as they had promised, the kingdom of France in general, and the inhabitants of Dauphiny, would withdraw themselves from his obedience; for such had been the conclusion of the prelates who had attended this council, as was apparent from their letters to the university of Paris, in consequence of which the aforesaid obedience had been withdrawn by order of the king of France, until one properlyelected head of the church should be chosen. The doctor then proposed the means for granting dispensations and collations to benefices in the interim, as well for Dauphiny as for France, and also other measures proper to be taken during this neutrality. It was at length concluded, that no one should obey either of the popes after a certain day, under pain of suffering the before-mentioned penalties, and without incurring the indignation of the king. The doctor insisted, that the bull of excommunication, and some letters which had been brought from Toulouse, should be publicly destroyed, which was done.
The prelates and clergy were then ordered to proclaim their neutrality throughout their dioceses and parishes, and different documents were given them by the university to teach them how they were to govern themselves respecting the several points of this neutrality. When this had been done, every one retired to his home. On the morrow, the two Arragonians were again carried through Paris, and pilloried, in the same manner as before.
The queen, who had remained some time at Melun, returned to Paris with her son the dauphin. He was mounted on a white horse led by four footmen, and followed the car of the queen. The dukes of Berry, of Brittany and Bourbon, the counts de Mortaign, de Clermont, de Vendôme, and a numerous train of nobles, as well churchmen as seculars, and esquires, followed the dauphin. Great rejoicings were made on their return by the Parisians, and carols were sung in many of the streets. The queen, the dauphin, and the lord Louis of Bavaria, her brother, took up their lodgings in the castle of the Louvre. On the morrow, the duchess-dowager of Orleans came likewise to Paris with her daughter-in-law Isabella, eldest daughter to the king of France, accompanied by many noble persons, knights and others, dressed in mourning. All the before-mentioned princes went out of Paris to meet them, and conducted them to the queen and the duke of Aquitaine, to request of them justice and reparation for the melancholy death of the late duke of Orleans, and also permission to make a reply to charges which John duke of Burgundy had publicly brought against her late lord and husband the deceased duke of Orleans,—which last request she at length obtained.
CHAPTER XLIV.--THE DUCHESS-DOWAGER OF ORLEANS AND HER SON CAUSE A PUBLIC ANswer to BE MADE, AT PARIs, to the chARGEs of THE DUKE of BURGUNDY AGAINST THE LATE DUKE of or LEANs, AND CHALLENGE THE DUKE of BURGUNDY For his Murider.
EIGHT days after, the duke of Orleans, attended by about three hundred men-at-arms, came to Paris. He was met by the duke of Berry and other great lords, his relations, without the gate of St. Antoine, and went to wait on the queen and the duke of Aquitaine, his cousin-german, at the castle of the Louvre. Having strongly recommended his cause to them, he took leave and hastened to visit the duchess his mother, and his wife. They were incessant in their petitions to the king and council to do them justice on John duke of Burgundy and his accomplices for the murder of the duke of Orleans, and obtained leave to make any reply they might please against the duke of Burgundy. In consequence, the duke of Aquitaine, as representative of his father, and the queen, both dressed in royal robes, went, by command of the king, to the great hall of the Louvre, where were present the dukes of Berry, of Brittany, of Bourbon, the counts d'Alençon, de Clermont, de Mortaign, de Vendôme, and many more lords of the council, with numbers of knights, the rector of the university of Paris, and great crowds of common people. The duchess-dowager, attended by her son the duke of Orleans, master Pierre l'Orfevre, his chancellor, master Pierre Cousinet, advocate in parliament, and by a large train of friends and familiars, entered the hall. She then caused to be read aloud by the abbot of St. Fiacre, of the order of St. Benedict, the contents of a book, written in French, which she gave to him publicly, and which were confirmed by quotations from the writings of the prophets in both the Old and New Testaments, as well as from those of philosophers and historians. The contents of the book were as follows: “Most Christian king, most noble and sovereign prince, and fountain of justice, to thee do I address my speech ; for thou art competent to display justice to all thy subjects of the realm of France, inasmuch as not only the neighbouring, but even the most distant nations may take example from the conscientiousness of thy judgments, which flow from thee and thy council, as from the fountains of justice and truth. I address myself to thee in the names of my highly honoured and most noble lady the duchess of Orleans and of my lords her children, who in their deplorable state present to thee their complaints with lamentations and tears, seeing that after God there can be no relief but in thy pity and compassion. That what I have to say may not have the smallest appearance of fallacy, but may be perfectly clear, I shall divide my discourse into three parts, or principal divisions. In the first, I shall show, to the utmost of my ability, that kings, as sovereigns, are bounden to do justice to all their subjects, and to maintain peace within their realms.-Secondly, That our adversary, John duke of Burgundy, and his abettors, have by counsel and otherwise, been instrumental in unjustly and disgracefully murdering the late duke of Orleans, whose soul may God receive!—Thirdly, That my aforesaid lord the late duke of Orleans, has been wickedly and unjustly accused of several crimes of high treason of which he has been no way guilty, as shall appear hereafter.—It is, beside, my intention to divide these three points into six other divisions: thus, therefore, my discourse will consist of eighteen divisions. “In regard to the first point, it appears very clear to me, that the king is singularly obliged to do justice in this case, and especially for six reasons. The first of which constrains him to do justice from the consideration of his power and dignity, which not only binds him to do it of his own will, but as matter of right from his title of office; for kings are so called on account of doing justice, and not for anything else.—The second reason is founded on his paternal love, for, as the common proverb says, “Nature cannot belie herself: the king, therefore, as sovereign and brother, is bound from reason and justice to support his right.— Thirdly, From the melancholy state of my lady of Orleans, now reduced to widowhood and despair, who with her disconsolate young children, and many knights, are overwhelmed with grief by the cruel death of her lord and husband.—The fourth reason is, The enormity of the crime, which can scarcely have its parallel found; for all who have heard of this scandalous deed have thought it abominable, and have declared, that if the king did not provide a remedy for it, he could not be considered as sovereign of his kingdom when he is thus forced to humiliate himself before his subjects.—Fifthly, If this crime be not punished, innumerable evils will ensue, such as the destruction of cities and towns, murders, and rebellion of subjects.-Sixthly, The wickedness of our enemy, who by force of arms seeks to maintain his crime, and who pleads his cause with a drawn sword in his hand. And in these six reasons consist the grounds of our proceedings. “With respect to my second point, I will demonstrate by six reasons, that our adverse party has so greatly sinned that it is impossible for any reparation to make amends. “My first reason is, That our opponent had no authority whatever for murdering so great and so noble a person as the late duke of Orleans.—Secondly, That he followed no forms of law or justice in putting my late lord to such a death; and even supposing that he had any authority over him, which was not the case, it was illegal to put him to death without hearing what he might have to say in his own defence; and seeing that he had not any authority, his crime will appear so much the deeper.—Thirdly, From the alliances formed between these two dukes, I do not mean those of blood, but the engagements mutually entered into, to avoid the inconveniences that might arise from their quarrels, by which they were bounden not to annoy or attack each other without having sent a previous challenge. In confirmation of this, they had several times sworn to the same on the holy Scriptures, and on the cross of our Lord, giving to each other letters signed with their seals. —Fourthly, The death of my said lord of Orleans was so sudden that no true Christian can say it was not damnable to those who committed the crime, as well as to those who had commanded it.—Fifthly, I shall demonstrate clearly, that our opponent did not cause the late duke of Orleans to be murdered for any good purpose, nor for the public welfare, but solely through ambition and covetousness, from a lust of power, and in order to make his dependants rich, and from the great hatred that had been long fostered at his heart.— Sixthly, That the death of the late duke of Orleans was not sufficient for our adversary, but that he has exerted himself to the utmost to blast and scandalize his memory by defamatory libels, and by supporting traitors and murderers. This regards the second part of my discourse. “In respect to my third point, I shall produce six arguments, in opposition to the six false accusations brought by our adversary against the late duke of Orleans, and which shall clearly prove the innocence of the defunct. Such will be my third division. “I have thus shown you my three divisions. The first regards justice, the second declares the malice of our adversaries, and the third exonerates the late duke of Orleans from the false charges brought against him. Before I proceed further, I must here solemnly declare, that I intend not to say anything but the exact truth, or to advance more than has been enjoined me by my foresaid lady of Orleans, and my lords her children. “It is true, indeed, that the defender of our adversary has very unadvisedly called my late lord of Orleans criminal, although he has no way proved it; nevertheless I shall not use this expression in speaking of our adversary, though I repute all murderers criminal, and him in particular, not from any suspicion, but from the confession made by himself; and as wisdom conquers malice, according to the holy Scriptures, it will be sufficient for me to name the adverse party, the party of Burgundy; for it will be better that I first demonstrate the crimes, and then show the duke of Burgundy guilty of them, than to follow his example, and call him criminal without any proof or verification. I shall now, having divided my subject into three divisions, enter on my first point, which treats of the justice of the king, and quote the words of the prophet; which say, “Justitia et judicium praeparatio sedis tuæ.’ These words are in the lxxviiith Psalm, and declare to the king that his throne is founded on justice and judgment. I shall quote in regard to my second division; which relates to the malice of our adversary, the very words his defender made use of, namely, ‘Radix omnium malorum cupiditas, quam quidem appetentes erraverunt a fide.' These words are taken from the first epistle of St. Paul to Timothy, in the last chapter, and which mean, That covetousness is the root of all evil, and causes a defalcation from the faith. “In regard to my third division, respecting the innocence of the late duke of Orleans, I shall use the words of the Psalmist in the seventh Psalm, “Judicame secundum justitiam tuam et secundum innocentiam mean super me; that is to say, Dome right according to thy justice, and judge me according to my innocence. “I shall now return to my first point, and repeat the words of the Psalmist, “Justitia et judicium praeparatio sedis tuæ.’ This expression I may address personally to the king our lord, in saying, Justice and judgment are the foundations of thy royal throne; for royalty without justice is undeserving of the name, and should be called a robbery, according to St. Austin, in the 10th chapter of his 9th book, De Civitate Dei : “Regna, inquit, remota a justitia, quid sint nisi magna latrocinia.’ It appears, therefore, that the king is bound to do justice to all his subjects, and to preserve to every one his right, and that for the six reasons touched upon at the beginning of my speech; my first reason being founded on the regard due to the royal dignity, which dignity has been instituted principally in order to do justice, the king being truly, in respect to his subjects, what a shepherd is to his flock, as Aristotle says in his 8th chapter of Ethics, or in the 5th of his Politics, on the government of cities; and it is also declared, in his book on the ruling of princes, that they are bounden to preserve justice : “Justitia inquit regnantis utilior est subditis quam fertilitas ipsius; which means, That the justice of the governing powers is more advantageous to the subject than fertility or riches. The Psalmist, on this matter, says, “Honor inquit regis judicium diligit;' that is, The honour of the king loves justice and judgment. The justice here spoken of is nothing else than to preserve to every one his right, which is also declared by the emperor Justinian, in the first book of his Constitutions: “Justitia est constans voluntas unicuique jus suum tribuens,' meaning, that Justice is firm and stable, giving to every one his due ; and it should be considered that justice is not to be administered according to pleasure, but as the written laws prescribe. Weigh well, therefore, how much you are bounden to do justice. “To you, then, my lady of Orleans and her children address themselves, requiring from you justice, which is the brightest jewel in your crown. Recollect the numerous examples of kings, your predecessors, who so much loved justice, and particularly that bright instance of a king, who, seeing that his son had deserved, by the laws of that time, to lose both his eyes, ordered one of his eyes to be put out, and had at the same time one of his own destroyed, that the law might not be violated nor infringed. Valerius also mentions, in his 6th book, a king called Cambyses, who commanded a false judge to be flayed, and his skin to be placed on the judge's seat, and then ordered the son of the late judge to sit on the skin of his father, telling him, “When thou judgest any cause, let what I have done to thy father be an example to thee; and let his skin, forming thy seat, always keep thee in remembrance.’ “O, king of France thou rememberest what David said, when king Saul unjustly persecuted him, “Dominus inquit retribuet unicuique secundum justitiam tuam ; that is to say, The Lord God will repay every one according to his justice. These words are written in the second chapter of the first book of Kings. Thou oughtest, therefore, like a true follower of our Lord, to do in like manner according to thy power, and aid and support such as have been unjustly wounded and persecuted. Thou canst not have forgotten how Andronicus, a cruel murderer, was condemned to death on the spot where he had slain the high-priest, as it is written in the book of Machabees. “O, king of France take example from king Darius, who caused those that had falsely accused the prophet Daniel to be thrown into the lion's den to be devoured. Recollect the justice that was executed on the two elders who, from false charges, had accused and condemned Susanna. These examples are written in the sixth and fourteenth chapters of the book of Daniel the prophet, and ought to stimulate thee to do justice as king and sovereign; for it is in doing thus that thy subjects will be obedient to thee, and in such wise art thou bound to do them justice, and which will cause them to be highly criminal when disobedient to thee. Some indeed have doubted whether the subject may not withdraw his allegiance from the sovereign on a refusal of justice and equity. May it please thee, therefore, sire, to consider this well, for thou wilt not have anything to fear in doing justice, as I shall hereafter demonstrate; and in conclusion of this my first reason, I shall quote the words of the third chapter of Job: “Cum justitia indutus sum, et vestivi me vestimento et diademate in coronatione mea; that is to say, I am clothed with justice, and have invested myself with it, as the robe and diadem of my coronation. “Consequently, most noble prince, I say that fraternal love ought greatly to urge thee to do justice; for I do not believe that greater love ever existed between two brothers than what you both felt. Be then the true friend to thy brother in justice and judgment; for it will be the greatest disgrace to thee and to the crown of France, throughout the world, if justice and reparation be not made for the infamous and cruel murder of thy brother. It is now time for thee to show thy brotherly affection; and be not like to those friends spoken of by the wise man, in the 8th chapter of Ecclesiasticus, as follows: “Est amicus socius mensae et non permanebit in die necessitatis.' That is, There are friends who are companions at table, and in prosperity, but who are no longer such in the day of adversity. “At this moment, necessity and affection united call upon thee to prove thyself such a friend that the world may not call thee a faint-hearted friend, of whom Aristotle speaks, in his 9th chapter of Ethics: “Qui, inquit, fingit se esse amicum, et non est, pejor est eo qui facit falsam monetam.' A faint friend is worse than a coiner of base money. Should some tell thee, that our opponent is of thy blood, and thy relation, thou oughtest, nevertheless, to abominate his crime, and do strict justice between two friends, according to what Aristotle says, in his second book of Ethics: “Duobus existentibus amicis, sanctum est praehonorare virtutem."—That is, It is praiseworthy to give the preference to virtue between two friends. Thou rememberest the strong love that subsisted between thee and thy brother; not that I wish to obtain any favour by that remembrance, but solely to exhort thee to justice and truth. Alas! it would be of little value the being son or brother to a king, if such a cruel murder were passed over without any punishment inflicted on the guilty, nor any reparation made for it, more especially as he who caused his death ought to have loved him as a brother; for in the holy Scriptures nephews and cousins-german are called brothers; as appears from the book of Genesis, where Abraham says to his nephew Lot, “Ne sit jurgium inter te et me, fratres enim sumus. Let there be no strife between thee and me, for we are brothers. Saint James is also called the brother of our Lord, when they were only cousins-german. Thou mayest repeat to our adversary the words which God said to Cain, after he had murdered his brother, “Vox sanguinis fratris tui clamat ad me de terra. The voice of thy brother's blood cries to me from the earth; and certainly in our case the earth and blood do cry. “There cannot be a man of common feelings who has not compassion for such a death as that of my late lord of Orleans; and it must not be wondered at if I compare our adversary to Cain, for in them I see many features of resemblance. Cain, moved by envy, slew his brother, because the Lord had accepted of his brother's offerings, and had not received his sacrifice, because he was practising in his heart how he could kill his brother. In like manner, the duke of Burgundy, because my lord of Orleans was the more agreeable to the king, in his heart meditated his death, and in the end had him treacherously and infamously murdered, as shall be fully proved. As Cain, instigated by covetousness, committed his crime, so our adversary, urged on by similar passions, did the act we complain of, as shall be demonstrated from his conduct previous to and after the death of the late duke of Orleans. I find, likewise, that the word Cain, by interpretation, signifies, “acquired’ or “acquisition.” By the same name our adverse party may be called, for vengeance is acquired by the king in body and goods; but let justice take its course, and events will happen according to the good pleasure of God. It therefore seems very reasonable that I compare the duke of Burgundy to Cain. “Sire, remember, I pray thee, the words addressed to Cain, namely, “Vox sanguinis:’ The voice of thy brother's blood. It is the voice of the lady of Orleans, and of her children, crying to thee, and demanding justice. Alas! my lord king, to whom wouldst thou wish to do justice, if thou refusest to do it for the love of thy own brother ? If thou be not a friend to thy blood, to whom wouldst thou be a friend, seeing we ask no more than justice? O most noble prince, consider that thy brother has been torn from thee for ever ! Thou wilt never again see him, for the duke of Burgundy has cruelly caused him to be put to death. Recollect he was thy brother, and thou wilt find how greatly he is to be compassionated. He, like thee, was equally fond of the queen and thy children, and, from his natural good sense, honoured all the royal blood of France; and few could be found more eloquent than he was when addressing nobles, clergy, or laymen. “Our Lord had given him what king Solomon had demanded, prudence and wisdom; for every one knows, that he was adorned with an excellent understanding.—and of him may be said as of David, in the chapter of the Acts of the Apostles,—‘Sapiebat sicut angelus Domini; He was endowed with wisdom like to an angel of God. Were I to speak of the beauty of his person, I could only say, that he was thy image and resemblance, with this good quality, that he was perfectly courteous to all, and never caused any one to be beaten, or put to death, nor did he ever procure the death of any one. He possessed, however, the power of so doing, even to his enemies, who were notoriously defaming him, and attributing to him evils which he never thought of: he could, more especially, have had our adversary put to death several times, had he so pleased,—for no great power is requisite to have any one treacherously murdered. But, in good truth, such thoughts were not in his heart; for