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be reduced to the accustomed number of men retained therein for its defence, without any fraud or deception. And that these terms may be faithfully observed, the aforesaid lords shall promise, on their oaths, made before such princes as the king may nominate, that they will punctually and loyally keep every article.—Item, the captains of their troops shall make oath also to the due 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 superintendants 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 rice cersa ; 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 Aquitaine, 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 Aquitaine, 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 geat seal, to the duke of Berry, appointing him to the guardianship of his son, the duke of Aquitaine. 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 St. 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 grandmaster 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 Aquitaine 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 Aquitaine, 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 Aquitaine. The people expected, that by this means they should enjoy more peaceable times; but it happened just the contrary, as you shall shortly hear.
CHAPTER LXVII.-A MEETING OF THE UNIVERSITY AND CLERGY IS HELD ON THE xxLII. 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 tithes, 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, the parliament, namely, that the said church shall be maintained in all its ancient privileges. It was thus freed from all tithes, 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 Aquitaine, 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 on 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 Aquitaine, 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 anything 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” 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.
* I hardly know whether this can be the celebrated archbishop of Rheims, and historian of the reign of Charles WI., who was one of the most learned men of his time, and died at an advanced age, in 1474. He had two brothers older than himself, William des Ursins, baron of
Treynel, chancellor of France in 1445, and again in 1464, —and James Juvenal des Ursins, who was archbishop of Rheims before him. The history written by Juvenal des Ursins occupies the space from 1380 to 1422, and throws great light, by comparison, on Froissart and Monstrelet.
CHAPTER LXVIII.--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 anything 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 Aquitaine 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 dependencies. 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 Aquitaine, that he would ever take up arms. He declared, that it was merely for the preservation of the crown to his presens 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 anything 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 Aquitaine 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 Aquitaine 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 Aquitaine, 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 Aquitaine 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 anything to his dishonour or disadvantage. While these things were in agitation, the king recovered his health; and of course the duke of Aquitaine 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