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female, in perpetuity, the castles, towns, castlewicks, provostships of fairs, of Peronne, Mondidier, and Roye, with all their domains, rights, and jurisdictions whatever, with every dependance and appurtenance, to hold them from the king of France as a peerage within his sovereign jurisdiction and that of his parliament, on doing him immediate homage. The king shall also yield up to the said duke of Burgundy, and his heirs, all right to the taxes and other impositions, together with every other claim of profit, in as ample a manner as has been before declared in the preceding articles respecting the counties of Mâcon and Auxerre.

"Item, the king of France shall yield up to the duke of Burgundy, and to the person whom after his decease the said duke shall have declared his heir to the county of Artois, the collection of taxes from the said county of Artois and its dependances, amounting at this time to fourteen thousand francs of annual revenue or thereabout, without hindrance to the said duke or his heir from receiving any further gratuities from the said king or his successors. The duke of Burgundy and his heir shall have the power of nominating such officers for the due gathering of these taxes, as shall be agreeable to them,—and when thus appointed, the king shall grant them letters in confirmation of the same.-Iteri, the king shall transfer to the said duke of Burgundy, and to his heirs, for ever, all the cities, towns, castles, forts, lands, and lordships now belonging to the crown of France, above and on each side the river Somme; namely, St. Quentin, Corbie, Amiens, Abbeville, and others,-the whole of the county of Ponthieu, on both sides of the said river Somme, -the towns of Dourlens, St. Riquier, Crevecoeur, Arleux, Mortaigne, with all their dependances whatever. And all the lands now belonging to the crown of France, from the said river Somme inclusively, comprehending the whole of the towns, as well on the frontiers of Artois, Flanders, and Hainault, as on those of the realm of France and of the empire of Germany, the duke of Burgundy and his heirs to have them in possession for ever, and to receive all the profits of taxes, rights, privileges, and honours attached to them, without the king retaining anything, saving and except the fealty and homage due to him as their sovereign lord, or until this grant shall be bought by the crown of France, on payment of the sum of four hundred thousand crowns of gold, old coin, at the weight of sixty-four to the marc of Troyes, eight ounces to the marc, with twenty-four karats of alloy and one karat for waste, or in any other current coin of equal value.

“The duke of Burgundy shall give sufficient securities for himself and heirs, that they will abide by the terms of this grant, and be ready and willing to receive the said sum for the release of the said cities, towns, &c., whenever it may please the king of France to make an offer of the same, and surrender to the king, or to such as he may commission for the purpose, all the said cities, towns, castles, forts, lands, and lordships specified in the said grant. And also the duke of Burgundy shall acknowledge, for himself and heirs, his willingness to receive the said sum at two instalments,that is to say, two hundred thousand crowns at each payment; but nevertheless he shall not be bound to surrender to the king any of the said cities, &c., until the last of the four hundred thousand golden crowns be paid.

"During the whole time these said cities, towns, lands, &c., shall be in the possession of the duke of Burgundy or his heirs, he and they shall receive the taxes, and enjoy every right and privilege attached to them, without the smallest deduction or abatement whatever. Be it understood, however, that in this grant of the king, the city and county of Tournay and the Tournesis, and of St. Amand, are not included, but are to remain under the jurisdiction of the king,-with the exception of Mortaigne, which is to be placed in the hands of the duke of Burgundy, as has been before said.--But although the city of Tournay is not to be given to the duke of Burgundy, the sums of money that had been before agreed to be paid, according to the terms of a treaty between him and the inhabitants for a certain number of years, shall be duly reserved,-and these sums the inhabitants shall be bound punctually to pay him.

"Item, forasmuch as the said duke of Burgundy pretends to have a claim on the county of Boulogne-sur-mer, which he has the possession of, the king of France consents, that for the sake of peace, and for the public good, it shall remain to him and his heirs-male only, lawfully begotten by him, with the full and free enjoyment of all its revenues, rights and

emoluments whatever. But in default of this issue male, the county shall devolve to him who shall have the just right thereto. The king shall engage to satisfy all claimants on this said county, in such wise that they shall not cause any trouble to the duke of Burgundy, or to his heirs, respecting it.-Item, in regard to the town, castle, county, and lordship of Gien-sur-Loire, together with the lordships of Dourdan, which, as it is said, have been transferred with the county of Estampes by the late duke of Berry, and the late duke John of Burgundy, they shall, bona fide, be placed by the king of France in the hands of the duke of Bourbonnois and Auvergne, for their government during the space of one whole year, and until John of Burgundy count d'Estampes, or the present duke of Burgundy for him, shall have laid before the king or his council a copy or copies of this grant from our late lords of Berry and of Burgundy. When after due examination, should this grant be found good, we duke of Bourbonnois and Auvergne bind ourself to restore the said town, castle and lands of Gien-sur-Loire, without other form of law, to the count d'Estampes, or to the duke of Burgundy, for him as his legal right from the grant of the late dukes of Berry and of Burgundy, without the king alleging anything to the contrary, or any prescriptive right from the lapse of time since the decease of the said duke of Berry, and notwithstanding any opposition from others who may lay claim to the county of Gien, if any such there be, whose right to pursue their claims by legal means shall be reserved to them, against the count d'Estampes.

"Item, the king shall restoration make and pay to the said count d'Estampes, and to the count de Nevers his brother, the sum of thirty-two thousand two hundred crowns of gold, which the lately deceased king Charles is said to have taken from the church of Rouen, wherein this sum was deposited, as the marriage-portion of the late lady Bona of Artois, mother to these noblemen, unless it shall clearly appear that the above sum has been accounted for, and allowed in the expenditure of the late king and for his profit; otherwise these thirty-two thousand two hundred golden crowns shall be paid at such terms as shall be agreed on, after payment has been made of the fifty thousand crowns before mentioned to the duke of Burgundy.—Item, in respect to the debts which the duke of Burgundy says and maintains are due to him from the late king Charles, whether from pensions unpaid, or from gifts and monies advanced by him for the king's use, the said duke shall have free liberty to sue for the recovery of the same in any of the courts of justice.

"Item, the said duke of Burgundy shall not be bound to do homage nor service to the king for the lands he now holds in France, nor for any others that may fall to him by right of succession; but shall remain during his life personally free from all subjection, homage, and obedience, to the crown of France. After the decease of the present monarch, the said duke of Burgundy shall do the usual homages and services to the king's sons and successors to the crown of France, as belong to them of right; and should the said duke of Burgundy depart this life before the present king, his heirs, after showing cause, shall do the usual homages and services to the crown of France.-Item, notwithstanding the duke of Burgundy shall have acknowledged, by writing and speaking, the king as his sovereign, and received the before-named ambassadors from the king, this shall not be of the smallest prejudice to the personal exemption before stated of the said duke during his life. This said exemption shall remain in full force, as contained in the above article, and shall extend to all lands now in the possession of the said duke within the realm of France.

"Item, with regard to the vassals and subjects of the duke of Burgundy, in the lordships he now holds and will possess by this treaty, and of those that may fall to him by succession in the kingdom of France during the king's life and his own, they shall not be constrained to bear arms by orders from the king or his officers, supposing that they may hold lands from the king together with those of the duke. But the king is contented that whenever it may please the duke of Burgundy to order his vassals to arm, whether for internal or external wars, they do obey his commands without attending to any summonses from the king, should he at the time issue such. And in like manner shall all the officers of the said duke's household, and his familiars, be exempted, even should they not be his subjects or vassals.

"Item, should it happen that the English shall make war on the said duke of Burgundy,

his subjects or allies, on account of the present treaty or otherwise, either by sea or by land, the king of France engages to march to his succour with a sufficient force, and to act as if it were his own proper cause.-Item, the king declares, for himself and his successors, that neither he nor they, nor any princes of his blood, shall enter into any treaty of peace with his adversary of England, without having first informed thereof the said duke of Burgundy and his immediate heir, nor without their express consent thereto and comprehension therein, provided they may wish to be comprehended-provided always, that similar promises shall be made to the king of France by the duke of Burgundy and his heir apparent, touching war and peace with England.

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Item, whereas the said duke of Burgundy and his faithful vassals have heretofore borne a cross of St. Andrew as their badge, they shall not be constrained to bear any other badge, whatever army they may be in, whether within or without the realm, or in the presence of the king or of his constable, whether in the royal pay, as soldiers, or otherwise.

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Item, the king shall make all reasonable restitution for whatever losses such as may have been made prisoners on the day of the death of duke John, (whose soul may God pardon!) have suffered, as well as the repayment of their ransoms.

"Item, a general oblivion shall take place of all acts done and committed in consequence of the divisions in the realm, excepting what regards those who perpetrated the said murder of duke John of Burgundy, or were consenting thereto, for they shall ever remain excepted in whatever treaties may be concluded. Henceforth all persons shall return to their different homes,—namely, churchmen to their churches and benefices, and seculars to their houses and possessions within the realm, excepting such lands and lordships as may be within the county of Burgundy, and which are held by the present lord of Burgundy, or have been in the possession of the late duke, or such as may have been given by either of them to others as confiscations arising from the intestine divisions within the kingdom; for these lands, notwithstanding the present treaty, shall remain in the possession of those who now hold them. But in every other instance, all persons shall return to their houses and lordships, without being called upon by any person or persons for any damages or repairs whatever,— and each shall be held acquitted of all rents from the time he ceased to enjoy them; and in regard to any furniture that may have been taken and carried away by either party, all pursuit after it and any quarrels on the subject are absolutely forbidden.

"Item, it is ordained by this present treaty that all quarrels and rancour, which may have arisen in consequence of the troubles that afflicted the realm, do now absolutely cease; and all private wars are strictly forbidden, without reproach to either party, under pain of being punished as transgressors of this article, according to the heinousness of the offence.

"Item, in this present treaty shall be included, on the part of the said duke of Burgundy, all churchmen, the inhabitants of the principal towns, and others, whatever may be their rank, who have followed his party, or that of the late lord his father; and they shall enjoy the benefit of this said treaty, as well in regard to the general oblivion of all acts done and committed within the realm of France as in the peaceable enjoyment of whatever possessions, moveable and immoveable, they may have within the kingdom or in Dauphiny, which are now withheld from them by these said troubles, provided they be willing to accept of the terms contained in the said treaty, and loyally fulfil them.

"Item, the king will renounce the alliance he had formed with the emperor against the duke of Burgundy, as well as all others with different princes and lords to the same effect, provided the duke of Burgundy shall do the same with his alliances; and the king will also hold himself bounden, and will promise the duke of Burgundy to assist and support him against all who may be inclined to make war against him or otherwise injure him. And in like manner shall the duke of Burgundy engage his promise, saving, however, the exemption of his personal service, as has been before declared.

"Item, the king consents to grant letters, that in case he shall violate the articles of the present treaty, his vassals and subjects shall be no longer bound to obey and serve him, but shall be obliged to serve and assist the duke of Burgundy and his successors against him. In this case, all his subjects shall be absolved from their oaths of fidelity toward king Charles, without at any time hereafter being called to account for so doing; and from this moment

king Charles absolves them from all fidelity to him, in case such violation of the treaty shall take place, and that the duke of Burgundy shall do the same in regard to his vassals and subjects.

"Item, all these promises, obligations, and submissions, of king Charles, respecting the due fulfilment of this treaty, shall be made before the lord cardinal of Santa Croce, legate from the holy father the pope, the lord cardinal of Cyprus, and the other ambassadors from the holy council of Basil, in the most ample manner that can be devised, and on pain of excommunications, interdicts, and all the most weighty punishments of the church, to the utmost power which the said lords cardinals may possess from the pope, provided that the duke of Burgundy shall act in a similar manner.

"Item, the king will give to the duke of Burgundy not only his own declaration, sealed with his seal, but the declarations and seals of the princes of his blood and under his obedience, namely, the seals of the duke of Anjou, his brother the lord Charles, the duke of Bourbon, the count of Richemont, the count of Vendôme, the count of Foix, the count of Auvergne, the count of Perdiac, and others,-which declarations of the princes shall be incorporated with that of the king, who shall with them promise faithfully to maintain the contents of the said declarations; and should they be infringed on the part of the king, they do severally promise to aid and assist the said duke of Burgundy and his friends against the king. In like manner shall the duke of Burgundy deliver in his declarations.-Item, the king shall also cause to be given to the duke of Burgundy similar declarations under the seals of such churchmen, nobles, and principal towns of the realm under the king's obedience, as the duke of Burgundy shall name, under penalties both corporal and pecuniary on failure, together with such securities for the due performance of their engagements as the lords, cardinals and prelates commissioned by the pope may think proper and advisable.

"Item, should it happen hereafter that omissions, infractions, or attempts to infringe any of the said articles should arise, notwithstanding the present treaty, they shall remain in full force and vigour, and the peace shall not be considered as broken or annulled; but such omissions, infractions, and attempts, shall be instantly amended and corrected, according to the virtual meaning of what has been before declared,—and the guarantees thereof shall see that it be done.

"Item, as we have been again earnestly exhorted and pressed by the said cardinals, and by the ambassadors from the holy council, to incline our ears and attend to the proposals made to us respecting a peace,—which proposals they think just and reasonable, and such as ought not to be refused by us,-remonstrating also with us, that we should make peace with king Charles of France from our love to God, and according to reason and honour, notwithstanding any alliances, oaths, or engagements entered into with our very beloved and dear lord the king of England lately deceased,—the said cardinals and others, ambassadors from the holy council of Basil, urging us to a compliance by many reasons and arguments, — we, therefore, principally through reverence to God, and from the pity and compassion we feel for the poor people of France, who have been such great sufferers in these troubles and divisions within that realm, and in compliance with the admonitions and urgent entreaties of the said cardinals, and the ambassadors from our holy father the pope and the council, which we consider as commands to a Catholic prince and obedient son of the church, have, after calling to our aid and council the highest lords of our blood and lineage, with others of our most faithful vassals and counsellors, made for ourselves and our successors a firm, loyal, and solid peace and re-union with our lord the king and his successors, according to the tenour of the articles above recited, which, on the part of the said king, he and his successors are bounden to fulfil toward us.

"The whole of these articles, so far as they regard us, we approve of and accept; and from this moment consent to and make all the renunciations, promises, submissions, and every other concession demanded from us in the above articles; and we acknowledge our aforesaid lord king Charles of France as our sovereign lord, in as much as regards the lands and lordships we hold in that kingdom, promising for ourself and our heirs on our faith and bodily oath, on the word of a prince, on our honour, and on the loss of our expectations in this world and in that to come, to hold inviolate this treaty of peace, and the

whole of the articles contained in the said treaty, without attempting to invalidate the same either by word or deed, openly or secretly. For the further maintenance of this peace by ourself, and by all others, we submit ourself and them to whatever regulations and ordinances it may please our holy father the pope, and the holy council now assembled at Basil, to promulgate by the lords cardinals and the ambassadors from the said council now present; and we are willing to suffer any censures from the church, should we fail in the due fulfilment of all the articles contained in the said treaty. We renounce all exemptions, whatever may be alleged to the contrary, more particularly to that rule in law which declares that a general renunciation is not equally valid with an especial one, the whole to be fulfilled without fraud, deceit, or any chicanery whatever.

"That this treaty may have every due formality, and be perfectly stable, we have caused our signet to be affixed to these presents. Given at our town of Arras the 21st day of September, in the year 1435." It was also signed by the duke of Burgundy, in the presence of his council.

When the two parties had finally concluded a peace with each other, and when every formality of signing and sealing was finished, the peace was proclaimed with great solemnity through the town of Arras. We need not inquire if this caused the utmost joy, and spread happiness among the people. In general, the clergy, nobles, citizens, and a multitude of peasants who had entered the town, were not content with one day's rejoicing, but made many, shouting and singing carols through the streets.

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DUKE OF BURGUNDY MAKING OATH TO THE PEACE BETWEEN HIMSELF AND CHARLES VII.

the period.

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Very grand entertainments were given at the palace of the duke of Burgundy to the: knights, esquires, the ladies and damsels of both parties, as well in eating and drinking as in dancings and other amusements. In the apartment where this business had been concluded,

VOL. II.

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