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“In regard to my first charge, I declare the late duke of Orleans guilty of intending the death of the late dauphin by means of a poisoned apple which was given to a child, with orders to offer it to my lord the late dauphin, and to none other, which was done. It chanced as he was carrying this apple, he passed through the gardens of the hotel de St. Pol, where he met the nurse to the children of the duke of Orleans, carrying one of them in her ams. The apple seemed so beautiful that she bade the child give it to her, that she might present it to the infant she was carrying, but he said he would not give it to any one but my lord the dauphin. Seeing the boy so obstinate, the nurse took the apple from him by force and gave it her child to eat, who soon after fell sick and died. I here ask one question. This innocent died of the poisoned apple : ought the boy who brought it, or the nurse who gave it the child, be punished ? I reply, No, neither of them ; but the crime must be attributed to those who poisoned it, or caused it to be carried.
“In regard to my second charge, of fallacious deceptions, I have already touched upon them, in his treacherous conduct and advice to the queen, to quit the kingdom for the duchy of Luxembourg.
“As to my third charge, it is well known that the duke of Orleans, persevering in his wicked designs, has personally, and by ambassadors, often practised with the pope to deprive the king of his crown and kingdom. To succeed in this damnable conspiracy, he falsely and wickedly charged the king with crimes affecting his royal progeny, which he gave the pope to understand were such as required him to declare the king and his posterity unworthy to hold or succeed to the crown of France. He also requested the pope to grant absolution to all who should act contrary to the oath of fidelity they had been constrained to take to the king, and to declare the next of his blood the successor to the crown and government of France. The better to secure the pope in his interests, he has always favoured and supported him by divers ways, as is apparent from his conduct, in the cession and restitution of the monies from the hospital of Toulouse.
“ Thus the third article of my minor is made clear, notwithstanding there are very many other horrible crimes of high treason in the third degree, committed by the late duke of Orleans, unnoticed, which my lord of Burgundy has reserved to himself, to bring forward or not as he may see occasion.
“I now come to the fourth article of my minor, which is, that the late duke of Orleans has been guilty of high treason in the fourth degree, namely, of offending against the public welfare.
“Although I have before noticed his alliance with the enemies of the realm, which is acting positively against the public good, I shall show how he has otherwise committed this crime. In the first place, by keeping men-at-arms in different parts of the realm, who did nothing but plunder the people, rob all travellers, and force women. He moreover placed their captains in the strongest castles, and at all the passes, bridges and fords of rivers, the better to succeed in his wicked designs, namely, the usurpation of the government. Secondly, He has imposed intolerable taxes on the subjects of the realm, pretending they were for the carrying on the war against the enemy, but giving from their amount large sums to the ill-wishers to the kingdom, to induce them to become his allies, and support him in his attempt to seize the crown.
“ Thus it appears that I have proved the duke of Orleans guilty of high treason in the fourth degree. There are beside many other facts more wicked and criminal than I have stated; but my lord of Burgundy has reserved them with others, to bring forward, if it be necessary, more strongly to convict the duke of Orleans of having had the design of compassing the king's death, and the deaths of his royal family, that he might obtain the crown.
“Now, if my hearers will unite my minor with my major, it will clearly follow, that my lord of Burgundy is not deserving of any blame whatever for what has happened to the criminal duke of Orleans; nor ought the king our lord to be dissatisfied with him, but, on the contrary, he should be pleased with what he had done, and requite him for it in three ways,-namely, in love, honour, and riches, after the example of the rewards given to my lord the archangel St. Michael, and to the valiant man Phineas, which I have already mentioned in my major. According to my plain understanding, I think our lord and king ought
to declare his attachment to my aforesaid lord of Burgundy, and publish his good fame both within and without the kingdom, by his letters patent, in the manner of epistles or otherwise ; and God grant it may be so done, Qui est benedictus in secula seculorum. Amen *.'"
After master John Petit had finished his harangue, he requested of the duke of Burgundy that he would vouch for all he had said, which the duke granted, and avowed the whole of what master John Petit had laid to the charge of the late duke of Orleans, in the presence of the dauphin, who represented the person of the king, and all the other princes and lords before particularised. The orator, after this, declared that the duke of Burgundy had reserved some charges of a deeper nature to lay before the king personally, when a proper occasion should offer.
The assembly now broke up, and the princes and lords retired to their different hotels. The duke of Burgundy was escorted to his hôtel d'Artois by a large body of men-at-arms and archers.
There were great murmurings in Paris among all ranks, for the assembly had been open to all, respecting the charges made against the late duke of Orleans, and various were the opinions concerning them. Those attached to the Orleans party declared they were all false, whilst the Burgundians maintained the contrary.
Shortly afterward, queen Isabella of France, apprehensive of consequences to herself and children, set out from Paris with her son the duke of Aquitaine and the others, accompanied by Louis duke of Bavaria, her brother, and fixed her residence in the castle of Melun. The king, who had been very ill of his disorder for some time, now recovered : the duke of Burgundy waited on him, and was not only reconciled but obtained letters sealed with the king's seal and signed with his own hand, by which he was pardoned for what had lately happened to the duke of Orleans, to the astonishment of many great lords and wise men, but at this moinent it could not be otherwise.
CHAPTER XL.—THE KING OF FRANCE SENDS A SOLEMN EMBASSY TO THE POPE. THE ANSWER THEY RECEIVE.-THE POPE EXCOMMUNICATES THE KING AND HIS ADHERENTS.
ABOUT this period, some persons came to the king and the lords then at Paris, to inform them, that the pope and his rival would neither of them resign the popedom, as they had promised in the city of Savona,—but by various deceitful means kept up the schism that had so long hurt the true interests of the church. The king, in consequence, wrote letters to the pope, and sent them by Jean de Château-morant and Jean de Coursen, knights, his ambassadors, to declare, that if peace were not firmly established throughout the Christian church by Ascension-day next ensuing, he himself and the clergy, nobles and people of his realm and of Dauphiny, would no longer obey him or his adversary. Pope Benedict was not well pleased with the contents of these letters, nor with the embassy, although he dissembled with the ambassadors. He made them a short answer, saying he would speedily reply to the letters they had brought, after which they took leave of him and returned to Paris, to make the king and council acquainted with all that had passed. It was not long before a messenger from the pope arrived at Paris, who went to the hôtel de St. Pol, and, understanding the king was in his oratory at the commencement of the mass, proceeded thither, and presenting the king with an apostolical letter, instantly departed.
When mass was over, the king caused the letter to be opened, and deliberately read, by which he learnt that he himself and all his subjects were excommunicated. Search was instantly made in Paris after the person who had brought this excommunication, but in vain, for he had quitted the city as secretly and suddenly as he could. The king and his
* This is one of the most extraordinary pieces of special professor of theology in the university of Paris, he had pleading on record. Its effect was most mischievous, and obtained great reputation. His conduct on this occasion as we shall see hereafter, the duke of Burgundy, “ Jean was reprobated by all his fellow collegians; and notwithsans peur," himself fell a victim to the murderous creed standing all the support of the-duke of Burgundy, he could broached by his own advocate. Jean Petit was undoubtedly not endure the reproaches heaped upon him, but retiring a man of considerable attainments, and in his capacity of to Hesdin, died there in 1411.-Ep.
council, noticing the manner and form of this act, in compliance with the exhortations of the university of Paris, the greater part of his council, and the princes of the blood, who were all much angered with the pope, he withdrew himself from his obedience to the holy see.
THE APOSTOLICAL LETTER RECEIVED BY THE KING. “ BENEDICT, bishop and servant to the servants of God, to his very dear son in Jesu: CHRIST, Charles king of France, sends health and apostolical benediction.
“Would to God, very dear son, that thou knewest the love and affection we bear to thy noble and potent person, and didst understand the purity of our mind, thou wouldest then be sensible of the great joy we feel in thy prosperity, and of our grief at any tribulations that befal thee. If of this thou hadst knowledge, thou wouldest not listen to those detractors, who by false tales endeavour to set thy heart against us, but love us, as a son should love a father, and then the disturbances in thy kingdom, raised up by thy persecutions against our holy church, would cease. Thou knowest well, glorious prince, and hast also heard from public report, how constantly and diligently we have laboured to restore union to the church; and the advances we have made, in order to obtain peace, towards those who have foolishly encouraged the unfortunate schism, by claiming the right of enjoying the holy see, and more particularly toward Angelo Corrario, who calls himself Gregory, and is at present the adversary to the church. He, however, refuses to perform the promises he had made in various places to resign his pretensions, and prolongs the division in the holy church under frivolous and false pretences. It is, however, notorious, and cannot be denied, that it has not been owing to any fault in us that peace has not been given to the church, and all cause for schism annihilated.
“ Notwithstanding this, there are some, we hear, who are very busy in their endeavours to defame us to thee, and to lessen, inasmuch as they can, the purity of our good fame. Others, we learn, are weakening thy devotion, and that of the princes of thy blood, by unjustly blaming us, and charging us most falsely with want of diligence in re-establishing the union of the holy church. In truth, such persons should be answered by stating the real facts, which would destroy their fictions and falsehoods ; and we believe that they have been the cause why we have not received anything in our treasury from thy kingdom for the space of two years, an edict having been issued from thy court, which has deprived us of our rights, and we are no longer obeyed in thy realm. We look, however, for consolation and assistance from thee ; for thy predecessors, in times past, have laboured to destroy the schisms and errors in the church, and to preserve peace and union. But some in thy kingdom have lately rebelled against the boly see, by appealing from us, against the constitutions of the canon,-and they have been permitted to spread abroad divers errors, contrary to the purity of true religion.
" In addition to what we have stated, we have been much hurt and affected by the conduct of thy ambassadors in this town, and in our presence. Our very dear sons Jean de ChâteauMorant and Jean de Coursen, noble men and thy ambassadors, have come to us from thee, and brought us letters sealed with thy seal, by which thou makest known to us, that if by the feast of Ascension next coming, union be not established throughout our holy church, and one pope or pastor of that church be elected, thyself, the clergy, nobles and people of thy realm, and of the duchy of Guienne, will observe a strict neutrality, and will not pay obedience to either of the popes, nor wilt thou suffer thy subjects to pay any attention to our mandates. Thou mayest consider, very dear son, if we had not cause for grief at heart, on reading these harsh expressions. They are little proofs of that love a child owes a father, and have been followed by serious consequences; for when thou and the princes of thy blood make use of such expressions, others may carry their meaning to a farther extent, and may include thee in the perdition that may befal them. Thy good renown has been also wounded by the sin thou hast committed in wishing to set bounds to divine mercy. The union thou thinkest to obtain is sinful, and a perseverance in schism : for our adversary and his followers, swollen up with pride, will not bend nor incline to peace, but will acquire greater obstinacy from the hopes thy conduct will have given them, that we shall be
deprived of any power over thy subjects and kingdom. Thus those who were dejected and in despair will, from our oppressions, regain strength and courage.
“Truly, most dear son, we to whom God has intrusted the care of his people, cannot longer suffer such things as may be injurious to the divine Majesty, and may cause the peril of souls, and tend to keep alive the schism in the holy church, and to invalidate my election and reputation. We grieve much at thy deception, and at the wicked counsels thou hast received,-and we exhort and entreat of thee, in the name of our blessed Saviour, that thou wouldst not listen to such wicked men, who seek their own profit from the losses of the church, and from the quarrels they may excite in thy family.
“ With regard to our proceedings, thou hast had full knowledge of them, from what we have written to thee on the subject. Consider, therefore, coolly with thy council, the purity of our intentions : have the goodness to revoke and annul all edicts that may be injurious to us and to the church, and use thy endeavours to bring thine and all other kingdoms to that obedience originally due to us. We also must tell thee, that we will not act as thou hast written to us, for it does no honour to thy excellent understanding. If thou wilt obey the mandates and exhortations of thy father, thou wilt gain great merit with God, and, by inclining thyself to the holy apostolical see, much praise from man. Beloved son, be on thy guard against deceivers. We will also, that thou shouldst know, and by these presents do make known to thee, that beside the pains and punishments pronounced by the law, we have lately made other constitutions, which we send thee with our bull, by which thyself and all other such delinquents and disobedient children (which God avert!) will be punished. We have done this to preserve thee and other princes from the heinous offence of high treason, so great is our paternal love toward thee and them, in order that at the day of judgment we may be blameless, by endeavouring to prevent, as much as in us lies, any soul from perishing.
“Given at Porto Venere, in the diocese of Genoa, the 23d day of March, in the 14th year of our papacy."
TIE BULL OF THE POPE DELLA LUNA, BY WHICH HE EXCOMMUNICATES THE KING OF
FRANCE AND OTHERS. “ Benedict, bishop and servant of the servants of God, in perpetual memory of the increase of wickedness among mankind,- We behold the world daily becoming worse, and the thoughts of mankind so bent on evil that they add crime to crime,—That the good who may be intermixed with the bad may not be corrupted through malice and error, and that the boldness and presumption of vice may be somewhat restrained by fear of punishment,- It has come to our knowledge by public report, that certain children of perdition, as well churchmen as seculars, who, ambitious of rising higher than becomes them, may thence dangerously fall, having been deceived by him who changes himself into the form of an angel of light that he may afterward deceive others, have given great scandal to the simple and weak, and much offence to those of former minds, from their attempts to destroy and divide the catholic church by schism, and to prevent the re-union of it, which was taking place when we were elected sovereign and apostolical bishop.
“Two years before this period, when we were of mature age *, we laboured hard to put an end to this schism, which has divided the church of God for nearly thirty years, to the great grief of all sincere Christians, and it still continues through the perverseness of man. We have declared to Angelo Corrario, (who has thrust himself into the apostolical chair, and is called by those under his obedience by the name of Gregory,) the mode of renunciation frankly and sincerely offered by us, and which in our apostolical letters, given at Marseilles the 2d day of February of the aforesaid year of our papacy, is more fully explained. We have again offered to Angelo Corrario to appear in person at a proper and convenient place, that measures may be the more speedily adopted for the success of so desirable an event as the re-union of the holy church. Notwithstanding this, the sons of iniquity exert all their powers, by means of fraud and hypocrisy, to prevent us and our brother cardinals from * Q. “Et aussi deux ans paravant que nous estiemes en meur estat (?)"
executing so salutary an object, despising the bonds of the holy church, and pretending an ardent desire for its union, while they wickedly withdraw themselves from its obedience, and in their defence appealing from us, which, however, they have not the right to do. We have patiently suffered all this, in the hope it may excite in them repentance and a desire to return to their duty: nevertheless, they persevere with greater boldness and presumption.
“In order, therefore, to check this, we, having duly considered the weightiness of the matter, do, according to the powers vested in us, pronounce sentence of excommunication against all who knowingly shall obstruct the union of the holy church, or shall impede ourself and our venerable brethren the cardinals in the execution of the aforesaid things offered by us, and agreed to by Angelo Corrario or his ambassadors, or all who may appeal against us or our successors, bishops of Rome, legally elected to that dignity, or whoever may countenance and support such appeals, subtractions, or perturbations, under any pretence or colour. We likewise include in this our sentence those who may perversely affirin they are not bound to obey our mandates, whatever may be their rank, whether cardinal, patriarch, archbishop, bishop, or of imperial or kingly dignity, and of whatever rank in church or state. From this sentence none can be absolved but by the pope, excepting when 'in articulo mortis. And should it happen that any may thus have received absolution, and recover their health, we will and command, that instantly on their recovery they present themselves before the holy see to receive absolution again, and to make such satisfaction as may appear asonable and conformable to justice. Should this sentence be endured through obstinacy and hardness of heart for the space of twenty days, by any one of any estate or degree above-mentioned, be the same a prince or other secular of any description whatsoever, we subject him to the interdict of the church, with all the lands, towns, cities, and castles, and every sort of inheritance that may belong to him. Universities continuing in the same perverseness, shall be also subject to this interdict of the holy church.
“And as it has been found necessary, through the ingratitude of men, sometimes to revoke benefices, all such and each of them, as well churchmen as seculars, who shall give aid or counsel against this sentence, and suffer it to remain for the space of twenty days, shall be deprived of the benefit of all indulgences, privileges, and other graces granted to them by the holy apostolic see. Such clerks will likewise be deprived of all benefices and dignities in the church, whether with or without cure; and should their rank be that of cardinals, patriarchs, archbishops or bishops, or other dignities, we declare them, by full authority and power vested in us, deprived of the same ; and their vassals or other dependants, who have been bound on oath to serve them, we declare absolved from such oaths, and their fiefs, honours, and dependencies on the church, whether moveable or immoveable, shall revert to the governors thereof, for them to dispose of according to their will and pleasure. No judicial hearing will be granted to the sinners and transgressors above-mentioned; and their suits, if proceeded on by public notaries, will be null and void. All persons who may aid and abet, openly or secretly, those who, through perverseness of mind, shall resist this sentence, be they single individuals, cities, castles, or places, shall undergo the same punishment of excommunication; and we will and command that the penalties ordained by our predecessors for similar crimes shall have their full effect and force, notwithstanding any constitutions, ordinances, liberties, graces, or apostolical indulgences that may have been formerly granted to these transgressors by us, or by our predecessors the bishops of Rome-all which we revoke, as being contrary to the tenor of this present bull. It is unlawful, therefore, for any person to oppose or infringe this our deelaration, by any way or means whatever; and should any dare attempt it, they shall know that they will incur the indignation of an all-powerful God, and of his blessed apostles St. Peter and St. Paul.
"Given at St. Victor de Marseilles, the 23d of March, in the 13th year of 09: papacy."