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the forms of law, by information, and on the testimony of irreproachable witnesses. But he no ways followed this course; for he first kills the duke of Orleans, and then seeks for reasons to exculpate himself for so doing. O God! what a trial, and what a judge ' ' O justice do thy duty; and what thou owest to thyself, defend thy own cause against one who seeks to reduce thee to nothing. In truth, every law ordains that causes should be first tried, and sentences examined, before they are put into execution ; and to this purpose Julius Caesar, according to what Sallust relates, said, That when judges shall put men to death before they be condemned, the greatest evils may arise, and no man live in security. He brings, as an example, the Lacedemonians, who, after their victory over the Athenians, constituted thirty persons to govern the public state, who put to death numbers without any previous trial, which caused great misfortunes. The like will befal us, if such crimes are suffered to go unpunished. Sallust tells us, that when Catiline and his associates were intending to burn the city of Rome and murder its senators, Tully was then consul; but although he was fully acquainted with the plot, he did not cause one of the conspirators to be put to death until he had fully proved their guilt. Now, my lords, as I have fully and clearly proved the heinousness of the crime with which I have charged the duke of Burgundy; and as it was done contrary to all law and justice, I trust it will not remain unpunished, according to the words of our Lord by the prophet Isaiah, in his 47th chapter: “Widebitur opprobrium tuum, ultionem capiam, et non resistet mihi homo." “My third argument is grounded on our adversary's having entered into the strongest possible alliance with the duke of Orleans, in the presence of many of their dependants; and a twelvemonth prior to the murder of the above duke this alliance was renewed before several prelates, nobles, clergymen, and counsellors of each side, when the two dukes swore on the crucifix, with the holy evangelists in their hands, to the due and faithful observance of it; promising, on the salvation of their souls, and by their honour, that henceforward they would be to each other as brothers and companions in arms: engaging to reveal mutually any evil designs that might be plotted or meditated against their persons or interests. They then agreed to wear each other's badge, which was done. And at the last feast at Compiègne, for the greater confirmation of the above, my lord of Orleans and our adversary made many of their knights and dependants alternately swear, that they would loyally and truly abide by and support the bonds of friendship entered into between them, through love and attachment to their persons,—and would make known to each party anything that should be imagined against their persons or estate. Moreover, my lord of Orleans and our adversary entered into other private engagements, promising and swearing on the true cross, that they would mutually defend and guard each other's person and honour against all who should attack them. This agreement was signed with their own hands and seals. “What now, O duke of Burgundy! canst thou say to these things : Who now can put any confidence in thee? for thou canst not deny the above alliance, as there are many witnesses to it now living : thou hast been publicly seen by the whole city wearing the badge of the duke of Orleans. How did my late lord act 7 Certainly in no way hurtful to our opponent; for from that time no reproachful or angry words passed between them, that could anyhow be ill interpreted. It is plain, therefore, that our adversary has wickedly and treacherously put to death him who had the fullest confidence in his honour. O duke 1 what reply canst thou make to this? Shouldst thou say, that thou didst cause him to be put to death on account of the wickedness which thou hast by thy command caused to be imputed to him, say, then, why thou enteredst into any alliance or bonds of friendship with such an infamous traitor as thou hast had him painted. Thou knowest, that loyal men will never form a friendship with traitors. Thou sayest, that the duke of Orleans was a traitor to his king: thou therefore makest thyself a traitor by the act of forming an alliance with him. “Thou hast accused my lord of Orleans of having made an alliance with Henry of Lancaster: what wilt thou say to the alliances thou thyself afterward enteredst into with the duke of Orleans? If these things had happened after thy alliance with my late lord, thou wouldst have had some colour to have broken with him, although even this would have been barely sufficient; but thou knowest well that thou hast not alleged anything against him, in thy scandalous libel, posterior to these alliances. O abominable treason what can be offered in thy excuse ? O ye knights, who consider honour as your judge; God will never suffer you to approve of such deeds. “O duke of Burgundy thou hast frequently visited the duke of Orleans, when alive: thou hast eaten and drunk with him: thou hast even taken spices out of the same dish with him, in token of friendship. In short, on the Tuesday preceding his death, he most kindly invited thee to dine with him the Sunday following, which thou promisedst to do in the presence of my lord of Berry, now here. Assuredly my lord of Orleans might have quoted the words of JEsus CHRIST to the traitor Judas, “Qui mittit manum mecum in paropside, hic me tradet.’ O my lords! weigh well this treason, and apply a remedy to it. Consider how strongly the faith and loyalty of chivalry should be guarded, and the words of Vegetius, when speaking of chivalry, ‘Milites jurata sua omnia custodiant.’ To the observance of this, all princes are bound,-for he who shall disgrace his loyalty or honour is unworthy of being called a knight. “My fourth argument is founded on this consideration, that the death of my late lord, the duke of Orleans, was damnable and disloyal,—and any one who should maintain or assert the contrary would not be a good Christian. We see that the secular justice allows to malefactors time for repentance,—but thou, cruel adversary! thou hast caused my lord so suddenly to be put to death that, inasmuch as in thee lay, he died without repenting of his sins. It seems, therefore, that thou hast exerted all thy influence to procure the eternal damnation of his soul when thou destroyedst his body; and most assuredly thou wilt find great difficulty to make thy peace with God, for insomuch as thou believest him the greater sinner, so much the more need had he, as thou mayst suppose, of a fuller and longer repentance.—It follows, then, that thou hast deprived him, to the utmost of thy power, of any possibility of repentance—and consequently thy sin becomes the more grievous and inexcusable, more especially as my lord was no way expecting to die when he was thus suddenly and cruelly cut off-Nevertheless, I trust that our Lord may have granted that he died in his grace; and I the more readily believe it, inasmuch as, a short time before this sad event, he had most devoutly confessed himself. I repeat, that it is the deed of a wicked Christian thus to put a man to death ; and whoever may say the contrary, or maintain that it is meritorious, I tell him, that he speaks wickedly and erroneously, according to the theologians. “Hear, my lords, and consider the conduct of our adversary after the death of the duke of Orleans,—how on the Thursday following his murder, clothed in black, and with tears and every sign of grief, he accompanied the dead body from the church of the Guillemins to that of the Celestins! Weigh well, my lords, this treachery and dissimulation 1 O Lord God, what tears and groans !!! O Earth ! how couldst thou bear such wickedness? Open thy mouth, and swallow up all who commit such dreadful sins. Recollect, that on the ensuing Friday, at the hotel of the duke of Berry, in his presence and in that of the king of Sicily, our adversary advanced towards the servants of the late duke of Orleans, entreating them to make every inquiry after the author of this murder, and begging them to recommend him to the duchess of Orleans and to her children: then the three noble persons having conferred together, the duke of Berry declared the request was proper, and that they would exert themselves as much as possible to discover the person who had committed this atrocious act. “O duke of Burgundy thou promisedst to do this, by the mouth of my lord of Berry, whereas thou didst the worst thou could; for, not satisfied with having caused the murder of his body, thou seekest to destroy the reputation of the defunct. Thou promisedst to seek most diligently after the murderer, while thou knewest it was thyself that wast the criminal. Now, my lords, consider well, that after a resolution had been taken to seek after the author of this crime, our adversary, the duke of Burgundy, conscious of his guilt, confessed that it was he who had caused the death of the duke of Orleans. When he made this confession on his knees to the king and my lord the duke of Berry, he affirmed, that what he had done was by the instigation of the devil; and certainly in this instance he spoke the truth, for he was urged to it by jealousy and ambition. O my lords! weigh well this confession, and how our adversary contradicts himself—for when he first confessed his guilt, he said he had been instigated to it by the devil; but afterward he commands it to be argued, that he committed so atrocious a deed legally and justifiably. If he feel no shame for his wickedness, he ought at least to be sensible of his thus meanly contradicting himself. Consider also, that he was desirous of concealing his crime; and God knows, that if his deed had been of that worth as has been advanced for him, he would have gloried in having so done, and not have wished to remain undiscovered as the perpetrator. And why did he own his guilt? Because it could no longer be concealed. That this was the cause is apparent; for when he perceived that it must be known, he fled most precipitately from Paris, like to one in despair. He might have said, with Judas the traitor, “Peccavi tradens sanguinem justum.' “O Philip, duke of Burgundy! wert thou now alive, thou wouldst not have approved the conduct of our adversary, but wouldst have said thy son had degenerated. Thou wert surnamed The Bold,—but he was always fearful and suspicious, consequently a traitor. Thou mightst have truly applied to him what is written in the fifth chapter of the Acts of the Apostles, ‘Cur temptavit Sathanas cortuum mentirite Spiritui Sancto 7 non es mentitus hominibus sed Deo.’ “My fifth argument is grounded on the falsehood of the declarations of our opponent, that he had caused the death of the duke of Orleans with the purest intentions; for, on the contrary, he committed this crime through lust of power, and to gain greater authority over the kingdom, and also to possess himself of the royal treasury, that he might more largely gratify and increase his dependence. This is evident from the conduct of our adversary before and after the death of the duke of Orleans. It is a truth, that shortly after the death of his father the duke of Burgundy, he exerted himself to the utmost to obtain similar power in this realm, and with the same pensions and authority as his late father had enjoyed. But this was not granted to him, because his father had been uncle to the king, and was a man of great prudence and understanding, qualities not possessed by our adversary. Having been disappointed, he instantly began to practise how he could better obtain his object; and for this end, prior to the death of the duke of Orleans, he caused reports to be circulated throughout the kingdom of his affection to the public weal, and that he alone was the fittest person to govern it. When he perceived, that in spite of his fictions, the duke of Orleans still possessed the authority he was panting for, because he was the son of a king, and the only brother to the king, and more fit for the government than the duke of Burgundy,+ seeing, therefore, all his plans frustrated, he conspired to take away the life of the duke of Orleans, expecting that when he should be made away with, no other person would dare to dispute his having the sole government of the kingdom. This is the principal cause of so barbarous a murder, notwithstanding the arguments that have been urged in his excuse, as is well known to all. His conduct, likewise, after the death of my late lord of Orleans, confirms it; for instantly, on his return to Paris, he began to push forward those that were his dependants and supporters, by depriving many valiant and deserving men of places which they held under the king, without any other cause but that they had been appointed to them by my lord of Orleans, as others had been, and giving their offices to such as he pleased, in order to gain more authority and power. He also endeavoured to make all placemen, particularly those who had the management of the royal treasury, subservient to him, that they might not refuse him anything. “Our adversary was most anxious to have the government of the treasury, and obtained from it the sum of two hundred thousand livres, by warrants thereon, or otherwise, great part of which he distributed among his people, as is well known to the clerks of the treasury; and this was his principal object in putting to death his rival in power, my late lord of Orleans, namely, covetousness of the king's money, and to give it away and enrich his followers. It appears, therefore, that covetousness and pride have been the springs of his actions; but, please God, he shall not in this instance profit from them,-and the words of Job, in his seventh chapter, shall be verified, “Cum habuerit quod cupierit, possidere non poterit.' “My sixth and last argument is founded on the conduct of our adversary, who, not satisfied with having murdered the late duke of Orleans, attempts, in conjunction with his followers, to deprive him of his good fame and renown, by defamatory libels, wherein he groundlessly and falsely charges him with the crimes of divine and human high treason, of which he was perfectly innocent, as has been, and shall be again demonstrated. It may be said, that this justification is even more scandalous than the fact itself; for to fall into sin is the lot of humanity, but obstinately to persevere in it is diabolical. And this manner of justifying murder is the defence of his own sin, and daring to do what God hates: he follows not the example of David when he said, “Non declines cor meum in verba malicia, ad excusandas excusationes in peccatis.' “I come now to my third division, in which I shall reply to the defamatory libel, and to *he accusations therein, that were made by our adversary against the character of my late lord of Orleans. I may fairly quote the words of the Psalmist, on the part of my late lord, * Judicame, Domine, secundum justitiam mean, et secundum innocentiain meam super me.' This request the Psalmist makes to God, and such a request, O king' does the duchess of Orleans now make to thee, as she requires nothing but judgment and justice. May it please thee to listen to the answers of my lady of Orleans to the six charges brought against her lato lord, and thou wilt then judge whether he has not been unjustly accused. “The first charge brought against the late duke of Orleans by the advocate of the duke of Burgundy is, That during his lifetime he committed the crime of high treason in the highest degree, by his idolatrous conduct in witchcrafts and sorceries, contrary to the Christian faith and the honour of God. It is true, that in regard to this accusation, the advocate did not pursue it very far, saying, that the judgment of such crimes belonged to God, the sovereign Lord, meaning, that no human judge was competent to it. When making this charge, he spoke of an apostate monk and several sorcerers, in whom my late lord of Orleans put confidence, according to his allegations. I shall scarcely offer any reply to this accusation, but, in like manner as he has done, refer the whole to the judgment of God. It will be sufficient for me to show, in the first place, That my late lord of Orleans was a good and true Christian; that he never committed any sorceries or idolatries, nor ever departed from the faith of Jesus CHRIST. I may likewise add, That from his youth upward, he was of a religious turn of mind,-for, notwithstanding his fondness for amusements, his reliance was in God, to whom he very often confessed himself. Nay, the very Saturday preceding his death, he had most devoutly confessed himself, with many signs of contrition, declaring he would not longer follow youthful pastimes, but solely devote himself to the service of God, and to that of the public welfare. That I may not be suspected of uttering falsehoods, many religieux as well as others are now alive to whom he had made such declarations; and, without saying more, let his uncle the duke of Bourbon be heard, who knows what promises he made to God, for a little before his decease, he assured him, that henceforward his conduct should be such as to merit the approbation of God and mankind, and that all the inhabitants of this kingdom should be bound to pray for him. I know not if our adversary had heard of these wise declarations, or whether he was afraid of their being effected, as they were quite in opposition to his wish for the government; for he well knew that if my lord of Orleans should act as he had said he would, his authority in the kingdom would have been very small indeed. It may therefore be presumed, it was for this that he was so eager to have my lord of Orleans put to death. “O Lord God thou knowest how well he was inclined toward thee at the time of his being murdered, which gives me confidence in his salvation; for the holy Scripture says, “Justus si morte praeoccupatus fuerit in refrigerio erit.' It is, however, evident, that our adversary did all he could to destroy his soul, and afterwards heard mass most devoutly in appearance, putting what had passed out of his thoughts, and daily saying his canonical prayers. “O duke of Burgundy! why hast thou done all this through hypocrisy and fiction ? Who has revealed to thee the secrets of hearts and who has made thee the judge of men's thoughts? Thou resemblest the Pharisees, who called CHRIST a deceiver and possest of a devil! Thou knowest, that even angels are ignorant of the secrets of our hearts, and yet thou pretendest to judge them O ! how well does the Psalmist exclaim, ‘Tu solus es scrutans renes et corda '' “It is notorious, that my late lord founded many masses and private chapels, doing much service to the church : let then his last will, so devoutly written, be considered with what I have before said, and any one may decide whether he was an idolater or sorcerer. It is true, indeed, that the advocate for our adversary refers to the judgment of God all that respects divine high treason, saying that he will not make this an especial charge against the late duke of Orleans. But I now ask why he thus acts Because he knows the charge is groundless, and that in many places human judges may and do punish sorcerers and idolaters according to their power; and that numbers have for these crimes been condemned to death, because they were bad Christians, and that from such errors of the faith proceed heresies. It is written in the second book of Kings, that Josias killed and extirpated diviners and sorcerers; and in the tenth chapter of Zecharias, ‘Divini viderunt mendacium et somniatores locuti sunt frustra. It is also written in the nineteenth chapter of Leviticus, ‘Ne declinetis ad magos, nec ab ariolis aliquid sciscitemini.' The reason why the advocate passed so rapidly over this charge was, that he knew nothing against my lord of Orleans that could prove him a bad Christian, or that he was not firm in his belief of religion. O, lord king ! my lady of Orleans supplicates thee, that the words of Job, in the twenty-second chapter, may be verified,—“Salvabitur innocens in munditia manuum suarum.' “The second accusation was, That my lord of Orleans favoured the schism in the church, by affording aid to Pietro della Luna, formerly called Pope Benedict, and was consequently guilty of high treason in the second degree. In reply, I say, that my lord of Orleans gave no aid nor showed any favour, but with the laudable end of making an honourable peace in the church, and particularly when he considered Benedict as the true pope. It is well known, that our obedience to the church would have been brought about more to our honour if Pietro della Luna had done his duty, by yielding up his claims, for the union of the church, than by violently supporting them. My lord of Orleans may have said, it will be better to wait a little, for the above Pietro to send in his cession, than by hurrying make affairs worse. In this there could not be any evil intentions; for it is a fact that he was anxious for the union of the church, and believed firmly that Pietro della Luna was willing to abdicate his claims, whenever the Roman pontiff should do the same. Many are now living who have heard the duke swear, that if he knew Pietro della Luna was unwilling to yield up his pretensions, when the other pope should resign his, he would be the bitterest enemy he had in the world ; and should it be thought necessary, they are ready to prove it. Now let us consider what advantage the division of the church could be of to him. He was wise enough to see all the evils that flowed from it, and not so weak as to found confidence on a man so old as Pietro della Luna. He knew, besides, that by the union of the church more spiritual and temporal advantages would fall to the share of himself and friends, without comparison, than if the schism were continued. “To show more evidently the earnest desire my lord of Orleans had for a union of the church, I will mention a proposal which he made to the university of Paris three weeks before his death. When he perceived that the Roman pontiff would neither come to Genoa nor Savoy, nor accept as hostages those who had been presented to him by the mareschal de Boucicaut, and that nothing else prevented the union of the church, for Pietro della Luna was ready to go to either of these places, he addressed the following speech to the members of the university: ‘O rector, and you all my good friends ! see I pray ye that we may shortly, through the grace of God, restore peace to the church, and may give satisfactory security, that the Roman pope may come to Genoa. I have offered him the choice of one of my sons, as his hostage, and am ready to send him, at my own expense, to Venice, or elsewhere. Write, therefore, such letters as you shall think proper to him, and I will sign them. Tell what I have said to the whole university, and bring me their opinions on it.' The heads of the university thanked him very warmly for his offer, —adding, that he could not make a more generous proposal, and that he had demonstrated by it the affection he bore to the church. There are persons still living whom he had ordered to go to Rome and Venice to give notice of the offer he had made. Now, my lords, could he have done more than to give his own flesh and blood for an hostage 2 And our witnesses of this act are neither weak nor ignorant persons, but doctors and professors of theology. “O duke of Burgundy this will show to thee how false has been thy accusation; and on this charge thou oughtest to have been silent, knowing as thou must how anxious thou

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