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Chapter XIII: Book THE SECOND (2)

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You have heard how it was agreed the king should come to Peronne. Thither he came[214], without any guard, more than the passport and parole of the Duke of Burgundy; only he desired that the duke’s archers, under the command of the Lord des Cordes (who was then in the duke’s service), might meet and conduct him; and so it was done, very few of his own train coming along with him. However, his majesty was attended by several persons of great quality and distinction, and among the rest by the Duke of Bourbon, the Cardinal his brother, and the Count of St. Paul, Constable of France, who had no hand in this interview, but was highly displeased at it; for he was now grown haughty, and disdained to pay that respect to the duke which he had formerly done; for which cause there was no love between them. Besides these, there came the Cardinal Balue, the Governor of Roussillon, and several others. When the king came near, the duke went out (very well attended) to meet him, conducted him into the town, and lodged him at the receiver’s, who had a fine house not far from the castle; for the lodgings in the castle were but small, and no way convenient.

War between two great princes is easily begun, but very hard to be composed, by reason of the accidents and consequences which often follow; for many secret practices are used, and orders given out on both sides to make the greatest efforts possible against the enemy, which cannot be easily countermanded; as evidently appears by these two princes, whose interview was so suddenly determined, that neither having time to notify it to their ministers in remote parts, they went on performing the commands which their respective masters had given them before. The Duke of Burgundy had sent for his army out of Burgundy, in which at that time there was abundance of the nobility; and among the rest the Count of Bresse[215], the Bishop of Geneva[216], and the Count of Romont[217], all three brothers of the house of Savoy (for between the Savoyards and Burgundians there was always a firm amity), and some Germans, who were borderers upon both their territories. And you must know that the king had formerly imprisoned the Count of Bresse, upon the account of two gentlemen whom he had put to death in Savoy, so that there was no right understanding between him and the king.

In this army there were likewise one Monsieur du Lau (who had been a favourite of the king’s, but upon some disgust had been kept afterwards a prisoner by him a long time, till at length he made his escape, and fled into Burgundy), the Lord d’Urfé[218], since master of the horse to the King of France, and the Lord Poncet de Rivière; all which company arrived before Peronne as the king came into the town. Bresse and the three last entered the town with St. Andrew’s cross upon their clothes (supposing they should have been in time enough to have paid their respects to the Duke of Burgundy, and to have attended him when he went out to receive the king), but they came a little too late: however, they went directly to the duke’s chamber to pay their duty, and in the name of the rest, the Count of Bresse humbly besought his highness that himself and his three companions might have his protection (notwithstanding the king was in the town), according to the promise he was pleased to make them in Burgundy; and at the same time assured him they were at his service, when and against whomsoever he might command them. The duke returned them thanks, and promised them protection. The rest of this army, under the command of the Marshal of Burgundy, encamped by the duke’s orders in the fields. The marshal had no more affection for the king than the above-mentioned gentlemen had; for the king had given him the government of Espinal in Lorraine, and taken it from him afterwards to give it to John, Duke of Calabria (who has often been mentioned before). The king had notice presently of all these persons being in the town, and of the habits in which they arrived, which put him into a great consternation; so that he sent to the Duke of Burgundy to desire he might be lodged in the castle, for he knew those gentlemen were his mortal enemies; the duke was extremely glad to hear it, appointed him his own lodgings, and sent to him to bid him fear nothing.

CH. VI.—A Digression concerning the Advantage which the Knowledge of Letters, and more especially of History, is to Princes and great Lords.

It is the highest act of imprudence for any prince to put himself into the power of another, especially if they be at war; and it is no less advantageous to them to be well acquainted in their youth with the passages and surprising accidents of former times; for history shows them at large the success of such assemblies, the frauds, artifices, and perjuries wherewith they have inveigled, imprisoned, and killed such as, relying upon the honour of their enemies, have put themselves into their hands. I do not say that everybody has met with such treacherous dealings, but one example[219] is sufficient to make many people more wise; and teach them to be careful of themselves. It appears to me upon the experience of eighteen years’ business (in which I have not only been conversant with great princes, but privy to all the greatest affairs which have been transacted in France, or the neighbouring states), that one of the greatest means to make a man wise is to have studied the histories of ancient times, and to have learned to frame and proportion our councils and undertakings according to the model and example of our ancestors: for our life is but of short duration, and not sufficient to give us experience of so many things; besides our age is impaired, and the life of man is not so long, nor his body so strong and robust as formerly; and as our bodies are degenerated and grown weaker, so is our faith and fidelity one towards another, especially among princes, who are altogether wedded to their own humours, without regard to any reason that can be offered; and (which is still worse) they are commonly surrounded by persons whose only aim is to please their masters, and applaud whatever they do or say, whether it be good or bad; and if any wise man interposes, and endeavours to set things in a better light, the whole court is presently in an uproar.

Again, I cannot forbear blaming and discommending illiterate princes, who generally are led by the nose by certain lawyers and priests, whom they keep commonly about them, and indeed not without reason (for as they are very serviceable to a prince, and an ornament to his court, when they are persons of honour and probity, so they are as dangerous if they prove otherwise), who have always some law or precedent in their mouths, which they wrest and pervert as they please: but a wise prince, and one that has read history, will never be deluded; nor will any courtier be so audacious as to tell a lie in his presence. Believe me, God never designed the office of a king to be executed by beasts, or such as glory and pride themselves in giving such answers as these, “I am no scholar, I refer business wholly to my council, and commit all things to their management,” and then devote themselves entirely to their pleasures, without further reason or expostulation. Had they been better educated in their youth, they would have been wiser, and have earnestly desired that their person and their virtues might have been valued and esteemed by all good men. I do not say all princes employ such ill-conditioned people, but most of those whom I had ever the honour to converse with, had always abundance of them. I have known indeed, upon an exigence of affairs, some wise princes that understood how to cull and select their ministers, and employ them frankly and without complaint; but of this sort I knew none comparable to the king my master, than whom no prince better understood the merit of brave and learned persons, nor more readily advanced such to the highest posts of honour and advantage. He was not unlearned himself; he delighted much in asking questions; and would know a little of everything: his judgment and natural parts were excellent, which is better and more preferable than all that we can learn in this world; for all the books that ever were written, are only so many helps and assistances to our memory by the recapitulation of passages of old. For this reason a man has a greater insight into affairs by reading one single book in three months’ time, than can be observed or understood by the age or experience of twenty men living successively one after another. So that, to finish this digression, I am of opinion that God cannot send a greater curse or affliction upon any nation than an unlearned and inconsiderate prince; for from hence all other misfortunes and miseries arise, and in the first place wars and division, by his committing to other persons his own peculiar authority (of which he ought to be more tender than of anything besides); and from this division famine and mortality arise, and all the dreadful consequences attending upon war; by which one may perceive how much all good subjects have reason to lament when they see the education of their young princes so miserably neglected, and left wholly in the power and management of persons of no qualifications nor desert.

CH. VII.—The Occasion of the King’s being seized and secured in the Castle of Peronne by the Duke of Burgundy.—1468.

I have already given an account of the arrival of this Burgundian army at Peronne, almost at the same instant with the king; for being in Champagne long before this interview was determined, the Duke of Burgundy had no time to countermand the orders he had given them, and their coming was a great check and impediment, by reason of certain jealousies and suspicions which were entertained on both sides. However, these two princes deputed some of their ministers of state to meet and negotiate their affairs in the most amicable way that could be thought on. But whilst the treaty was in a fair way of accommodation, and three or four days had been already spent in bringing it to a conclusion, news arrived of a strange turn of affairs at Liege, of which I shall give the following relation.

The king at his coming to Peronne had quite forgot his sending of two ambassadors to Liege to stir them up to a rebellion against the duke, and they had managed the affair with such diligence, that they had got together such a considerable number, that the Liegeois went privately to Tongres (where the Bishop of Liege and the Lord of Humbercourt were quartered with more than 2000 men) with a design to surprise them. The bishop, the Lord of Humbercourt, and some of the bishop’s servants, were taken, but the rest fled and left whatever they had behind them, as despairing to defend themselves. After which action the Liegeois marched back again to Liege, which is not far from Tongres; and the Lord of Humbercourt made an agreement for his ransom with one Monsieur William de Ville[220], called by the French Le Sauvage, a knight, who, suspecting the Liegeois would kill him in their fury, suffered the Lord of Humbercourt to escape, but was slain himself not long after. The people were exceedingly overjoyed at the taking of their bishop. There were also taken with him that day several canons of the church, whom the people equally hated, and killed five or six of them for their first repast; among the rest there was one Monsieur Robert[221], an intimate friend of the bishop’s, and a person I have often seen attending him armed at all points, for in Germany this is the custom of the prelates. They slew this Robert in the bishop’s presence, cut him into small pieces, and in sport threw them at one another’s heads. Before they had marched seven or eight leagues, which was their full journey, they killed about sixteen canons and other persons, the majority of whom were the bishop’s servants; but they released some of the Burgundians, for they had been privately informed, that some overtures of peace had already been made, and they were forced to pretend that what they had done was only against their bishop, whom they brought prisoner along with them into their city. Those who fled (as I said before) gave the alarm to the whole country, and it was not long before the duke had the news of it. Some said all of them were put to the sword; others affirmed the contrary (for in things of that nature, one messenger seldom comes alone); but there were some who had seen the habits of the canons who were slain, and supposing the bishop and the Lord of Humbercourt had been of the number, they positively averred that all that had not escaped were killed, and that they had seen the king’s ambassadors among the Liegeois, and they mentioned their very names. All this being related to the duke, he gave credit to it immediately; and falling into a violent passion against the king, he charged him with a design of deluding him by his coming thither; ordered the gates both of the town and castle to be suddenly shut up, and gave out, by way of pretence, that it was done for the discovery of a certain casket which was lost, and in which there were money and jewels to a very considerable value. When the king saw himself shut up in the castle, and guards posted at the gates, and especially when he found himself lodged near a certain tower[222] in which a Count of Vermandois[223] had caused his predecessor, one of the Kings of France, to be put to death, he was in great apprehension. I was at that time waiting upon the Duke of Burgundy in the quality of chamberlain, and (when I pleased) I lay in his chamber, as was the custom of that family. When he saw the gates were shut, he ordered the room to be cleared, and told us who remained, that the king was come thither to circumvent him; that he himself had never approved of the interview, but had complied purely to gratify the king; then he gave us a relation of the passages at Liege, how the king had behaved himself by his ambassadors, and that all his forces were killed. He was much incensed, and threatened his majesty exceedingly; and I am of opinion, that if he had then had such persons about him as would have fomented his passion, and encouraged him to any violence upon the king’s person, he would certainly have done it, or at least committed him to the tower. None were present at the speaking of these words but myself and two grooms of his chamber, one of whom was called Charles de Visen[224], born at Dijon, a man of honour, and highly esteemed by his master. We did not exasperate, but soothed his temper as much as possibly we could. Some time after he used the same expressions to other people; and the news being carried about the town, it came at last to the king’s ear, who was in great consternation; and indeed so was everybody else, foreseeing a great deal of mischief, and reflecting on the variety of things which were to be managed for the reconciling of a difference between two such puissant princes, and the errors of which both of them were guilty, in not giving timely notice to their ministers employed in their remote affairs, which must of necessity produce some extraordinary and surprising result.

CH. VIII.—A Digression, demonstrating that when two great Princes meet in order to adjust their Differences, such Interviews are generally more prejudicial than profitable.

It is the highest act of imprudence for two great princes, provided there is any equality in their power, to admit of an interview, unless it be in their youth, when their minds are wholly engaged and taken up with entertainments of mirth and pleasure; but when they are come to years of emulation, though their persons should be in no danger (which is almost impossible), yet their heart-burnings and animosities will certainly augment. It were better, therefore, that they accommodated their differences by the mediation of wise and faithful ministers, as I have sufficiently instanced already in these my Memoirs; however, I will give some examples of the like nature, which I have seen and known myself in my own time.

Not many years after the coronation of our king, and just before the confederacy called the Public Good, there was an interview between the Kings of France and Castile[225], princes of the nearest alliance in Christendom, for the kings are akin, their kingdoms almost contiguous, and their subjects bound by oaths and execrations to preserve it inviolable. To this interview Henry, King of Castile, came to Fontarabia, very splendidly attended, and the King of France came to St. Jean de Luz (about four leagues’ distance), and each of them was upon the very borders of his kingdom. I was not present myself, but I had my relation from the king, and from Monsieur du Lau, and it was confirmed to me afterwards by several persons in Castile, who were then present with their king, and particularly by the Grand Master of St. James[226], and the Archbishop of Toledo[227], the two greatest persons in that kingdom at that time. There were present also the Count of Lodesma[228] (that king’s favourite) in great splendour, with his guards, consisting of 300 horse, all Moors of Granada, or Negroes. It is true, indeed, that King Henry was a person of no great sense, for he had either given away all his patrimony, or suffered it to be taken or embezzled by anybody that had a mind to it. Our king was also well attended, according to his custom, and his guards made a glorious appearance. The Queen of Arragon[229] was present at that treaty, upon occasion of a difference between her and the King of Castile about Estella, and some other places in Navarre, of which difference the King of France was made umpire.[230]

To continue our proposition, that interviews of great princes are not necessary, you must know, these two kings had never had any quarrels, neither was there the least difference between them; they saw one another not above once or twice, upon the bank of a river[231] (which parts the two kingdoms), near a little castle called Heurtebise, where the King of Castile passed over to the other side; but they staid no longer together than the Grand Master of St. James and the Archbishop of Toledo thought good; which being observed by the King of France, he desired their acquaintance, and they went to wait on him at St. Jean de Luz. His majesty received them very honourably, and a mighty friendship and intelligence was settled between them and the King of France, who immediately began to dislike the King of Castile, and had but little value and esteem for him. The greatest part of their attendants were quartered at Bayonne, between whom several quarrels immediately arose (notwithstanding the alliance); their languages also being different. The Count of Lodesma passed the river in a boat, whose sail was of cloth of gold; he was himself in a pair of buskins set thick with precious stones, in which he went to wait upon the king; though he was not really a count, yet he was very rich, and I saw him afterwards made Duke of Albourg, and invested with great possessions in Castile. Several jests and scoffs happened between these two nations, notwithstanding their alliance. The King of Castile’s person was homely, and his dress did not please the French, who laughed at and derided both. Our king wore a short coat, as ill made as was possibly; sometimes he wore very coarse cloth, and particularly then; his hat was old and differing from everybody’s else, with an image of lead upon it. The Castilians laughed as heartily at his dress, supposing it his stinginess. In short, the convention broke up, and they parted, but with such scorn and contempt on both sides, that the two kings never loved one another heartily afterwards; and such quarrels and animosities arose in the court of Castile among the courtiers, as continued to the king’s death, and a long time after. I saw the king afterwards forsaken by all his servants, and the poorest and most pitiable prince in the world. The Queen of Arragon was also much dissatisfied with the sentence which the King of France had given in favour of the King of Castile, and both she and the King of Arragon[232] hated him for it ever after. It is true they made use of him against the town of Barcelona afterwards in their extremity; but that friendship lasted not long, for a war broke out between our king and the King of Arragon, which lasted sixteen years and remains yet undetermined[233]: but to give other examples.

Since that time Charles, Duke of Burgundy, with great labour and solicitation, obtained an interview with the Emperor Frederick[234] (who is still living), and spent vast sums of money to show his grandeur and magnificence: the place of meeting was at Treves[235], where several things were discoursed of, and among the rest a marriage between their children, which was afterwards accomplished.[236] After they had been several days together, on a sudden the emperor departed without so much as taking his leave, which the Duke of Burgundy looked upon as so great an affront, and it was so generally resented, that there was never afterwards any true love between either themselves or their subjects: the Duke’s pompous and lofty manner of speaking (which they imputed to his pride) offended the Germans; and the Emperor’s meanness, both in his train and dress, appeared as contemptible to the Burgundians; and so far was this accident extended, that from it alone the wars of Nuz[237] had their origin.

I was also present at an interview[238], at the town of St. Paul in Artois, between the Duke of Burgundy and Edward IV., King of England, whose sister he had married; and, besides, they were brethren of the same order.[239] They were but two days together, and yet in that small time there was great difference between the king’s servants, and both parties recommending their quarrel to the duke, and he deciding it for one of them, their hatred increased. However, he assisted the king in the recovery of his kingdom with men, money, and ships, for he had been driven out by the Earl of Warwick. Yet, notwithstanding that good office, they never loved nor spoke well of one another after this interview.

I was present likewise when the Count Palatine of the Rhine made a visit[240] to the Duke of Burgundy at Brussels, where he staid several days. He was honourably received, nobly entertained, and lodged in an apartment richly furnished. The duke’s servants upbraided the Germans for their nastiness and incivility, in laying their dirty clothes and their boots upon those rich beds, and accused them of want of neatness and consideration, and they never liked them afterwards so well as they had done before. The Germans, being as much dissatisfied on the other side, reproached them for their pomp and extravagance; so that, in effect, they never loved nor did any good office for one another afterwards.

I saw also the meeting between the Duke of Burgundy, and Sigismund, Duke of Austria[241], when the latter sold to the Duke of Burgundy the county of Ferrette (which lies not far from the county of Burgundy) for 100,000 florins of gold, as he was unable himself to defend it against the Swiss. These princes also were not well pleased with one another. Afterwards Sigismund made peace with the Swiss, possessed himself again of the county, but never returned his money, from whence great mischiefs resulted to the Duke of Burgundy. At the same time also the Earl of Warwick[242] came to visit the Duke of Burgundy, and ever afterwards a mortal hatred continued between them.

I was also at the interview[243] at Picquigny (not far from Amiens) between our king and Edward IV., King of England, and shall give a larger account of it in another place; but must observe by-the-bye that scarce anything was performed that was promised there, but all their whole business was hypocrisy and dissimulation. It is true, they had no wars, because the sea divided them; but there never was any real friendship or good correspondence between them afterwards. To conclude, if great princes have a desire to continue friends, in my judgment they ought never to meet; and my reasons are these: courtiers cannot forbear reflecting upon past actions, and one or other will be sure to take exception[244]; neither is it possible to hinder the train and equipage of the one from being finer and more magnificent than the other, which produces mockery, and nothing touches any person more sensibly than to be laughed at. The princes being of different nations, their language and habits are commonly different, and that which pleases one will not please the other; besides, among the princes themselves it often happens, that the presence of the one is more obliging and acceptable, which gains him honour and reputation, and everybody extols him, which cannot be done without reflecting on the other. For some few days after they are parted, all their fine stories and observations are whispered and told privately up and down, but afterwards having told them often, they become less cautious, and by degrees their tales grow to be table-talk, and are at length carried to both parties; for few things (especially of that nature) can be concealed in this world. And these are part of the reasons which I have known and observed touching this matter.

CH. IX.—How the King renounced his League with the Liegeois, to be released out of the Castle of Peronne.—1468.

Having thus fairly represented my judgment of such interviews, I shall now return from my long digression, to speak of the king, who thought himself (as I said before) a prisoner in the Castle of Peronne, as he had good reason to do; for all the gates were shut and guarded by such as were deputed to that office, and continued so for two or three days; during which time the Duke of Burgundy saw not the king, neither would he suffer but very few of his majesty’s servants to be admitted into the castle, and those only by the wicket; yet none of them were forbidden; but of the duke’s none were permitted to speak with the king, or come into his chamber, at least such as had any authority with their master. The first day there was great murmuring and consternation all over the town. The second, the duke’s passion began to cool a little, and a council was called, which sate the greater part of that day and night too. The king made private applications to all such as he thought qualified to relieve him, making them large promises, and ordering 15,000 crowns to be distributed among them; but the agent who was employed in this affair acquitted himself very ill, and kept a good part of the money for his own use, as the king was informed afterwards. The king was very fearful of those who had been formerly in his service, who, as I said before, were in the Burgundian army, and had openly declared themselves for his brother, the Duke of Normandy. The Duke of Burgundy’s council were strangely divided in their opinions; the greatest part advised that the passport which the duke had given to the king should be kept, provided his majesty consented to sign the peace as it was drawn up in writing. Some would have him prisoner as he was, without farther ceremony. Others were for sending with all speed to the Duke of Normandy, and forcing the king to make such a peace as should be for the advantage of all the princes of France. Those who proposed this advised that the king should be restrained, and a strong guard set upon him, because a great prince is never, without great caution, to be set at liberty after so notorious an affront. This opinion was so near prevailing, that I saw a person booted and ready to depart, having already several packets directed to the Duke of Normandy in Bretagne, and he waited only for the duke’s letters; and yet this advice was not followed. At last the king caused overtures to be made, and offered the Duke of Bourbon, the Cardinal his brother, the Constable of France, and several others, as hostages, upon condition, that after the peace was concluded, he might return to Compiègne, and that then he would either cause the Liegeois to make sufficient reparation for the injury they had done, or declare war against them. Those whom the king had proposed for his hostages proffered themselves very earnestly, at least in public; I know not whether they said as much in private; I expect they did not: and, if I may speak my thoughts, I believe that the king would have left them there, and that he would never have returned.

The third night after this had happened, the Duke of Burgundy did not pull off his clothes, but only threw himself twice or thrice upon the bed, and then got up again and walked about, as his custom was when anything vexed him. I lay that night in his chamber, and walked several turns with him. The next morning he was in a greater passion than ever, threatening exceedingly, and ready to put some great thing in execution; but, at last, he recollected himself, and it came to this result: that if the king would swear to the peace, and accompany him to Liege, and assist him to revenge the injuries which they had done him and the Bishop of Liege, his kinsman, he would be contented. Having resolved on this, he went immediately to the king’s chamber, to acquaint him with his resolutions himself. The king had some friend[245] or other who had given him notice of it before, and assured him that his person would be in no manner of danger, provided he would consent to those points; but that if he refused, he would run himself into so great danger, that nothing in the world could be greater.

When the duke came into his presence, his voice trembled, by the violence of his passion, so inclinable was he to be angry again.[246] However, he made a low reverence with his body, but his gesture and words were sharp, demanding of the king if he would sign the peace[247] as it was agreed and written, and swear to it when he had done. The king replied he would; and, indeed, there was nothing added to what had been granted in the treaty at Paris[248], which was to the advantage of the Dukes of Burgundy or Normandy, but very much to his own; for it was agreed that the Lord Charles of France should renounce the duchy of Normandy, and have Champagne and Brie, and some other places adjacent, as an equivalent.[249] Then the duke asked him if he would go along with him to Liege, to revenge the treachery they had practised by his instigation, and by means of that interview. Then he put him in mind of the nearness of blood between the king and the Bishop of Liege, who was of the house of Bourbon. The king answered, that when the peace was sworn, which he desired exceedingly, he would go with him to Liege, and carry with him as many or as few forces as he pleased. The duke was extremely pleased at his answer, and the articles being immediately produced and read, and the true cross which St. Charlemagne was wont to use, called the Cross of Victory, taken out of the king’s casket, the peace was sworn, to the great joy and satisfaction of all people; and all the bells in the town were rung. The Duke of Burgundy immediately despatched a courier with the news of this conclusion of peace into Bretagne, and with it he sent a duplicate of the articles, that they might see he had not deserted them, nor disengaged himself from their alliance; and, indeed, Duke Charles, the king’s brother, had a good bargain, in respect of what he had made for himself in the late treaty in Bretagne, by which there was nothing left him but a bare pension, as you have heard before. Afterwards the king did me the honour to tell me, that I had done him some service in that pacification.

_A Treaty of Peace between Louis XI., on the one part, and
Charles, the last Duke of Burgundy, on the other. Concluded at
Peronne, October 14. 1468._

The Duke of Burgundy having complained of infractions made
on the treaty of Conflans between us and him, and also on
the treaty of peace made at Arras between our late lord and
father and the late Philip, Duke of Burgundy, insomuch, that
we were ready to have recourse to arms on both sides, and that
the subjects of neither party durst converse with those of
the other; to prevent, therefore, an open rupture, we thought
fit to send our ambassadors first to them in Vermandois; and
afterwards the treaty being transferred to Peronne, here, to
prevent all the mischiefs and inconveniences that might ensue,
we do, in the most solemn manner, make, conclude, and promise
a firm, solemn peace, friendship, and amity, and we will
always observe the treaty of Arras, with the contents thereof,
as also the said treaty, and all that is contained therein
in reference to our cousin and brother the Duke of Burgundy,
and all the donations and transfers we have then and since
made to him. And we also promise and swear to observe all the
provisions and answers made to his grievances, complaints,
and requests hereafter specified. And notwithstanding this
present treaty of peace, and the things contained in those
of Arras and Conflans, we do freely consent that our said
brother and cousin shall observe all the alliances, and also
the treaty of truce and intercourse of trade with Edward our
enemy and the kingdom of England; but yet so as that our said
brother shall give no assistance to the English in invading
our kingdom and dominions. And by this peace we do declare
that no satisfaction shall be demanded and insisted for any
damages, hostilities, &c., on either side; but that whatever
places, lordships, heritages and possessions, have been seized
and occupied, shall be fully restored, and the owners may
re-enter without any form or process of law. More particularly,
we do, at the request of our said brother and cousin, consent
that the places, castles, towns, and territories taken by us
in the counties of Beaugé, the country of Bresse, and other
lands and signiories appertaining to him and his subjects,
shall be surrendered to him; and his subjects that are captive
shall be freely set at liberty; and the said Duke of Savoy,
our dear sister the Duchess of Savoy, the Bishop of Geneva,
the said Philip of Savoy, the Lord of Romont, and other allies
of the Duke of Burgundy, their subjects and adherents, shall
be comprehended in this treaty, if they are minded, within a
year’s notification; and if they are not, the present treaty
shall be valid; and, with those of Arras and Conflans, so far
as this last concerns us and our said brother of Burgundy,
shall neither be directly nor indirectly contravened by us, but
we shall put our said brother into the peaceable possession
and enjoyment of the things declared and contained in the said
treaty, and execute, on our part, instruments of the gifts and
transfers specified therein, according to the form and tenor
of these presents. And we do consent and agree to acquit the
subjects and vassals of their homage and services to us, by
reason of the duchy, counties, countries, lands, and signiories
which the said duke, his heirs, &c., held or shall hereafter
hold of us, by reason of our crown and kingdom; and we shall
not only faithfully and religiously observe and maintain the
peace, and fulfil it in every particular, but we do consent
that the princes of our blood shall promise and swear to
preserve it, and that each and every of them shall assist our
said brother against us, if we infringe the same, &c.

Here follow the grievances, remonstrances, and requests of the
Duke of Burgundy, with the concessions and answers of the king
to them.

1. As to the fiefs and homages of the county of Ponthieu,
and others on both sides of the Somme, and of the three
provostships of Vimeux, Beauvoisis, and Toullois, transferred
to the king; these fiefs and homages have been made to appear
to belong to the duke for several reasons; and, therefore it is
desired the king would leave him in the peaceable enjoyment of
the said rights, and that he may have power to force those to
it who are refractory.

“It is answered on the king’s part, that he declares the said
fiefs and homages to appertain to the duke, in the same manner
as the other things contained in the said transfer; and that
the vassals, who have not yet taken the oath of allegiance and
done homage, shall do it in the usual manner, pursuant to the
nature of the fief, still reserving the king’s rights, who
shall grant his letters patent to discharge the vassals of
their oaths and homages, upon the account of the said lands;
and all his officers shall be commanded to do nothing that may
hinder the same.”

2. As to the taxes and aids of the said provostships, wherein
some of the king’s officers have caused some interruptions; and
that withal William Lamoureux has been made assessor-general of
these provostships by the king, and thereby disappointed the
assessor of Amiens, contrary to the form of these transfers;
it is remonstrated to the king, that he would be pleased to
remove those lets and hindrances occasioned by the lances, gens
d’armes, and free-archers in the same provostships, and that
the said assessor be restored to his office.

“The duke shall enjoy the said provostships and all the profits
of them, and also the royal rights, in the same manner and
form as he ought to enjoy the royal provostships upon the said
river on the side of Amiens. Those taxes also for lances,
free-archers, and other soldiers, shall cease, and none
demanded on the king’s part; and the assessor-general of Amiens
shall be nominated by the duke, and approved of by the king;
and hereafter the king shall grant his letters patent in due
form, that the said aids be given without delay or difficulty.”

3. As to the business of the granary of Grand-Villiers
depending on the said transfers, it is remonstrated, that all
violences, impediments, and troubles, done and given in respect
to them, by the king’s officers, as well upon the solicitation
of the people of Beauvais or otherwise, may be removed and
cease for the future.

“Agreed to on the king’s part.”

4. As to the lands and signiories of Mortagne, transferred to
the duke, his ambassadors remonstrate against the troubles and
vexations given the duke’s officers by the Bailiff of Tournay,
of the Tournesis, and others, and desire they may be commanded
to deport themselves peaceably, according to the treaty of
Arras, and the king’s letters patent granted in that behalf.

“The duke shall enjoy those lands, and nominate his officers,
who shall be approved of by the king; and the Bailiff of
Tournay, &c., shall behave himself according to the treaty of
Arras, and the letters patent.”

5. The king and the Duke of Burgundy being at Villiers-le-Bel,
it was desired that the salt of Salins should be vended in
Mâconnois, to which the king consented, upon condition the
damage did not exceed 4000 francs: it was remonstrated upon
this, that in pursuance of the said gift, and with regard to
ancient usage, the salt of Salins had been always vended in
Mâconnois, and that there the gabel of salt ought to belong to
the duke by the treaty of Arras, &c.; therefore, it was desired
that the king would allow of the vending of the said salt in
Mâconnois, and to prevent that of the salt of Pequeis, for
which toll shall be received at Pont St. Esprit, or elsewhere,
to the king’s use; and that reparation might be made to the
duke for the damage he had sustained since the treaty of Arras,
in the not receiving the said toll, amounting to above 100,000
francs.

“The king allows the duke salt granaries in the county of Mâcon
and the country of Mâconnois, and in the places and royal towns
included therein, for him, his heirs, &c.”

6. As for the foreign imposition which ought to be raised on
the frontiers of the king, and by the treaty of Arras should
appertain to the duke in his own territories: first, the
duke is disturbed in receiving the said duty; secondly, they
would have him levy it in unusual places, and the merchants
are obliged to give securities in an unusual form, and even
the king’s officers, which is very strange, take upon them to
receive the said impositions from the goods and merchandises
which are carried into the country of Burgundy, Bar-sur-Seine,
Auxerrois, Artois, and those territories transferred to the
duke, as if they were the territories of the empire; or where
the tolls were not levied, especially in Auxerrois, upon goods
belonging to those of the said county, and brought thither from
the neighbouring countries; wherefore the said innovation is
desired to be laid aside, and that the duke may enjoy his right
pursuant to the said treaty, and that merchants be not obliged
to give security any otherwise than according to ancient usage.

“The king is content that merchants give security, as to
foreign duty, according to ancient usage; that is, to vend
their goods in any part of the kingdom, where the aids have
their course on the king’s part. Suppose, then, that the duke,
by the king’s grant, takes those aids to his own use, without
giving security that the said goods shall be sold, and vended
in the provinces of the kingdom, where the said aids have
their course, as in the country of Artois, and also in others
belonging, and made over by the treaty of Arras, or otherwise,
to the said duke, without any fraud; yet if hereafter it should
appear, that that was not the ancient way of giving security,
the whole will be reduced to the manner and form prescribed by
the ancient royal ordinances, or other usages. In like manner
as to the duchy of Burgundy, wherein the duke pretends the
like innovations have been practised, the king and duke shall
depute each a commissioner to inquire into the state of those
ordinances, and the truth of the fact; and shall regulate the
differences as seems most consonant to reason, and that within
a year: upon which all troubles and innovations shall cease,
and the duke enjoy his rights as to the said foreign imposition
in those parts of the kingdom transferred to him by the treaty
of Arras. And all demands from the subjects of the said duke in
his towns of Arras, St. Omer, Hesdin, Terouenne, Auxerre, and
others, in reference to their giving the said security, shall
cease, and be no manner of charge to them. Moreover, all law
proceedings shall cease upon the said account above mentioned,
till the commissioners have decided the said differences, and
wholly without prejudice to the king and the duke’s right; and
as to the rights of highways, which are of another nature, the
commissioners hereafter named shall have power to order things
in favour of the duke, pursuant to the treaty of Arras, in and
throughout all the royal territories, and also in the lands on
both sides the Somme transferred to the duke by the king.”

7. As to the limits of the duchy of Burgundy, and also the
other towns and villages of the counties of Mâconnois,
Auxerrois, and Bar-sur-Seine, which the duke does not entirely
enjoy, nor in the manner he ought, according to the form of the
said treaty, the said ambassadors insist he may be put into the
peaceable possession of the said towns, villages, and other
rights conveyed to him by the said treaty, that he may enjoy
the profits of them, and that satisfaction be made to him in
reference to the profits received by the king’s officers, since
the time they were transferred, and stoppage had been made of
them; and to this end the said ambassadors require that four
commissioners be appointed—viz., two on either side, who shall
be empowered to go to such places on the duke’s account, in
order to inform themselves fully concerning his pretensions, if
information has not already been given, and thereupon make a
declaration of the rights of the said duke, that he may really,
and out of hand, enjoy the same, according to the form of the
said treaty of Arras, without any farther process or law-suit,
on remitting the same to the cognizance of the king, or any of
his officers.

“The king is content, on his part, to appoint four
commissioners to decide the matters in dispute, with as many
nominated by the duke; and if these eight cannot do it, it
shall be left to three on each side; and if these cannot effect
the matter, each party shall appoint two, who shall determine
the differences, according to the form prescribed in the said
article.”

8. As to the troubles and molestations given about the
granaries belonging to the duke by the said treaty of Arras,
and the restraint put upon several of his subjects in the
country of Burgundy, Mâconnois, Charolois, Bar-sur-Seine, and
Auxerrois, to take salt elsewhere than from the said granaries,
contrary to the form of the said treaty of Arras, to his great
detriment, the ambassadors desire these grievances may likewise
be effectually redressed.

“The king fully agrees to this, and commissioners may be
appointed to inquire into the defaults, and redress them as in
the preceding article.”

9. The ambassadors farther remonstrate about some lands,
places, and villages, situate in the bailiwicks and
jurisdictions of Mâconnois and St. Gengon, and some others in
the county of Auxerrois, and others of Bar-sur-Seine, belonging
to the said duke by the treaty of Arras, the enjoyment of which
has been denied him.

“The king from henceforward declares, that the duke shall enjoy
the villages and jurisdictions in the bailiwicks of Mâcon and
St. Gengon, and also the jurisdictions and villages of Auxerre
and Bar-sur-Seine, according to the contents of the treaty of
Arras, notwithstanding any obstructions to the contrary: and to
this end the said eight commissioners, the six, or the four,
in the manner above declared, shall be empowered by the king
and duke to hear, examine, and determine things equitably,
according to the treaty of Arras, and in the same manner and
form as is set down in the eighth article aforegoing, and the
answer made thereunto.”

10. Item, the said Duke of Burgundy is also opposed and
molested in the enjoyment of several fiefs and homages
belonging to him, by virtue of the said treaty, in the said
counties and bailiwicks of Mâcon, St. Gengon, and Auxerre, and
their jurisdictions, especially of the counties of Beauvillois,
which ought to belong to the bailiwick of Mâcon, of all which
the said ambassadors demand redress.

“The king is willing to grant it, and it is left to
commissioners to determine it, pursuant to the eighth article,
and the answer to it.”

11. And as to other points or articles contained and declared
in the said treaty of Arras, the ambassadors demand, in the
duke’s name, that those which shall be found unaccomplished or
impeded, and such as the duke has had no cognizance of, shall
be decided by the said commissioners as aforesaid, without any
farther contradictions or appeals.

“It is answered, that, to put an end, as soon as possible,
to all differences concerning the said treaty of Arras and
its dependencies, the eight, six, or four commissioners as
aforesaid, shall have full power to examine strictly into
the same, and by viewing the places, and without any process
or form of law, to decide, determine, and execute what they
think most just, by putting the said duke into the possession
of whatever they find to belong to him, by virtue of the
said treaty, notwithstanding any contradictions or appeals
whatsoever; and shall promise from thenceforward to acquiesce
with the same.”

12. The third chief point concerns things appertaining to the
said duke, upon the account of his lordships, both within and
without the kingdom.

And, in the first place, as to the limits of the kingdom, the
county of Burgundy, and the territories under the jurisdiction
of St. Laurence, the said ambassadors remonstrate for a
determination of the same, and that such an equal number of
commissioners be appointed on both sides to judge and determine
the said differences without any farther review of the same;
and notwithstanding any contradiction or appeal whatsoever.

“The king agrees, that eight commissioners be appointed—viz.,
four on each side—finally to adjudge and determine the said
differences.”

13. As for the limits of the countries and territories
appertaining to the duke, which adjoin to the counties of
Flanders and Artois, and other territories of the kingdom,
concerning any law-suit that has been commenced by any private
persons in the court of parliament; the said ambassadors move,
that the king would please to suspend the same for the space
of twelve years, that so a way may be found for deciding it
without the form of a process, and with the least expense.

“The king is content to suspend such proceedings for eight
years; but yet without prejudicing or derogating from the
right of jurisdiction, which may or ought to belong to him; or
that the said suspension should give any possession, or other
advantage, contrary to the rights of the king or the said duke;
and the matter shall be left to the decision of commissioners.”

14. The said ambassadors complain of the grievances occasioned
by appeals lodged against the determinations and judgments
of the four principal laws of Flanders, against the laws
and privileges of the said country, and thereby manifestly
disturbing the said duke in his rights. Redress is also
required in matters of traffic, upon which the country of
Flanders principally depends.

“The first part of this article the king fully agrees
to—nothing is said of the last clause.”

15. It is remonstrated, that, pursuant to the rights of the
country of Flanders, the court of parliament ought to receive
no appeals from other laws and judges of Flanders, _omisso
medio_; for the resort ought first to belong to the duke, and
he ought not to be obliged to have recourse for a review to the
said court, as they do in other countries of the kingdom; for
relief ought not to be given the subjects of Flanders in case
of an appeal, if the appeal does not immediately precede the
sentence of the count, or his council in Flanders; and to this
end the king is desired to grant him his letters patent in due
form.

“The contents of this article he agrees to, pursuant to the
custom of the country.”

16. They farther remonstrate against the troubles and
impediments met with in appeals made in causes within the
jurisdiction, lands and chastellanies of Lille, Douay,
and Orchies, in the council-chamber of Flanders, against
all reason, and of which the duke has been in peaceable
possession for a long time, except that short space wherein
any contradiction has been made; and that the said impediments
may cease, seeing the said chastellanies continually belonged
to the county of Flanders; and since the king held them upon
the contract of the marriage of the great Duke Philip, great
grandfather of the present duke, they were re-united to the
county of Flanders; so that the duke may hold them alone in
fief with the said county.

“Agreed to by the king.”

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The memoirs of Philip de Commines, Lord of Argenton, Volume 1 (of 2)Chapter XIII: Book THE SECOND (2)

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