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Dominum. In truth, if ye do not act with courage, for one inconvenience that may happen. by executing judgment, one hundred would ensue from default of justice. Therefore, my lords, do not hesitate to do justice to my lady of Orleans and her children from any dread of inconveniences that may happen, but follow the dictates of our Lord, “Judicare pupillo et humili ut non apponat magnificare se homo super terram. Let the punishment be so exemplary that none other may henceforth commit so great or so disgraceful a crime, and that it may be held in perpetual memory and abhorrence. This is the object of my lady of Orleans and her children, namely, that the crime may be atoned for as heavily as possible in this world. In order that this atonement may be made, my lady of Orleans and her children would willingly take the legal steps for the infliction of capital punishment, if this could regularly be done; but as these steps, according to the customary usage of France, belong to the king's attorney-general alone, they propose that the offender shall be punished in manner following-that is to say, by sentence of the king and of the court, be it ordered that our adversary, the duke of Burgundy, be brought to the castle of the Louvre, or elsewhere, according to the king's pleasure and that of my clients, and there, in the presence of the king, of my lord of Aquitaine, and the other princes of the blood, as well as of the council and people, the duke of Burgundy, without hood or girdle, shall, on his knees, publicly confess, with a loud voice, before my lady of Orleans, her children, and as many other persons as she may please, that maliciously and treacherously he has had my lord of Orleans assassinated, through hatred, envy and ambition, and for no other cause, notwithstanding all the charges made against him, and other imputations thrown on his character, to justify and exculpate himself from so base a deed; and shall demand pardon from my lady of Orleans and her children, most humbly supplicating them to forgive his offences, declaring that he knows of nothing prejudicial to the honour and reputation of the said duke of Orleans deceased, and recals all he may have said or published to the contrary. In this state he shall be carried to the court of the palace, and to the hotel de Saint Pol, the residence of the king, and to the spot where the murder was committed, and there, on high stages erected for the purpose, he shall repeat the above words before such commissioners as my lady of Orleans and her son may please to appoint. He shall remain on his knees, at the last place, until priests nominated for the purpose shall have recited the seven penitential psalms, said the litany, and the other parts of the burial service, for the soul of the deceased, after which he shall kiss the earth, and ask pardon of God, of my lady of Orleans, and of her children, for the offences he has committed against them. “The manner and form of this recantation, and begging pardon, shall be written out, and copies sent to all the different towns in the kingdom, with orders for the magistrates to have them proclaimed by sound of trumpet, that it may be notorious to all within and without the realm. And as additional reparations for such offences, and that they may remain in perpetual remembrance, all the houses belonging to the duke of Burgundy in Paris shall be razed to the ground, and remain in ruins for ever. On the places where any of his houses shall have stood, there shall be erected handsome crosses of stone, having large and strong tablets, on which shall be written a full account of the murder of my late lord, the duke of Orleans, and the cause of these houses being destroyed. On the spot where my late lord was murdered shall be erected a similar cross; and the house wherein the murderers hid themselves shall be pulled down. This spot, and the adjoining houses, the duke of Burgundy shall be forced to purchase, and to build thereon a handsome college for six canons, six vicars, and six chaplains, whose nominations shall remain with my lady of Orleans and her heirs. In this college six masses shall be said every day for the soul of the deceased duke of Orleans, and high mass at the usual time of canonical hours. For the support of this college there shall be a mortmain rent of one thousand livres parisis; and the whole shall be well furnished with dresses, books, chalices, ornaments, and all other necessaries, at the sole expense of the duke of Burgundy; and over the entrance shall be written in large letters the cause of its foundation. “The duke of Burgundy shall, beside, be constrained to found a college for the salvation of the soul of the deceased, in the town of Orleans, consisting of twelve canons, twelve vicars, and twelve clerks, which college shall bear the name of the defunct; and the nominations ** , i. i. I

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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 sha:
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. IIe
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

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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 uauphin, 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, ARCII Bishop of RhEIMS, AppEALs FROM til E. constituTIONs DRAwN UP BY THE UNiversity of I. Altis, wiiich ANGERs Tii At 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 night 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. IIe 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 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."

* 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 Rheins. Drogo 3. Matthew Tristan, lord of Busancy, &c. 8. Bcatrix-John de Châtillon, vidame of the Laonnels.

4. John Saudran de Cangy.

CIIAPTER xlvi.I.—THE DUKE of BURGUNDY ASSEMBLES A LARGE BODY OF MEN-AT-ARM*
To succoup John of BAvARIA AGAINST THE LIEGEOIS, AND COMBATS THEM-
About 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 Intarpid,” Duke or Bungundy.—From a picture in the Chartreuse at Dijon, engraved in Wol. III. of Histoire Générale et Particulière de Bourgogne.

f{e 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 WI., 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 nobie Arragoncse family, possessed of high talcnts, but of a rost

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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-
self to the law, to arms, to divinity, and to diplomacy,
having acted as ambassador in Spain from Clement, was
chosen to succeed him. He assumed the name of Benedict
XIII. Meantime a succession of popes had occupied the
Roman chair. Urban WI., after a violent and turbulent
reign, died in October, 1389, and was succeeded by Boni-
face IX, who was followed successively by Innocent VI.,
elected in 1404, and Gregory XII., raised to the papal
chair in 1406. Repeated attempts had been made to heal
the breach in the church, without any effect, and at length
the council of Pisa, in 1409, (see chap. 53,) proceeded to
depose both Benedict and Gregory, and Peter of Candia
was elected as the only true pope, under the name of
Alexander W. His history is extraordinary. Abandoned
by his parents in his childhood, he was found begging from
door to door, by an Italian monk, who, struck by the boy's
intelligence, befriended him. After studying at Oxford
and Paris, he attracted the notice of John Galeas Wisconti,
duke of Milan, by whom he was confidentially employed,
and who procured for him considerable church preferment;
he was made a cardinal by Innocent VII., and at length,
at the age of seventy years, attained the highest dignity
then existing in Christendom. He, however, enjoyed his
new honours but ten months, when, on his death, he was
succeeded by a man whose history is yet more extraordi-
nary. Balthazar Cozza, a scion of a noble but decayed
Neapolitan family, passed the earlier days of his life as a
1 over on the high seas. In fact, his occupation was little,
if at all, to be distinguished from piracy. He was on sea

what the free companions were on shore. His vessels being
employed to convey Louis of Anjou to Naples, his ambition
was aroused by the splendour he beheld at the court of
Avignon, which he visited in the execution of his mission.
He at once abandoned his old pursuits, and, at the age of
twenty-five, devoting himself to the study of divinity, his
talents and application were so great as to enable him to
proceed doctor at the earliest regular period. Platina
relates of him, that on leaving Bologna, where he had pur-
sued his studies, being questioned whither he was going, his
reply was, “To the popedom.” Attaching himself to
Boniface IX., who was his countryman, he quickly gained
his confidence, and was by him promoted to the purple in
1402, and at length attained the object of bis ambition in
1410. His subsequent history, and that of the final set.
tlement of the church, will be found in the ensuing pages.
—Ed.
* Qy. Dunbar, earl of March, who, about this time,
had retired from Scotland in consequence of the affront
put upon him by the king, Robert III., or rather the duke
of Albany, who broke the match between Rothsay, the
king's heir, and Dunbar's daughter, and forced the prince
to marry a daughter of Douglas. Dunbar was well received
and pensioned by Henry, and undertook to raise a body of
troops for his service. Although we do not find any men-
tion of his visiting Flanders, yet it is far more probable
that he is the person alluded to than Archibald Stewart,
Robert's nephew, then earl of Mar.—FD.
f Probably a mistake for Guichard.

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