CHAP. LXXXVIII.
A PEACE IS CONCLUDED BETWEEN CHARLES KING OF FRANCE AND THE DUKE OF BURGUNDY, IN THE CITY OF ARRAS.
When the ambassadors from king Henry had quitted the city of Arras, without agreeing to any preliminaries for a peace, the two remaining parties, of the king of France and duke of Burgundy, met for some few days at the accustomed place, when, by the exhortations and interference of the cardinals de Santa Croce and of Cyprus, and other prelates and nobles, a peace was finally concluded between them on the following terms.
'We Philip, by the grace of God, duke of Burgundy, Austria, Brabant and Limbourg, count of Flanders, Artois, Burgundy, palatine of Hainault, Holland, Zealand and Namur, marquis of the holy empire, lord of Frizeland, Salins and Mechlin, make known to all to whom these presents shall come, that many assemblies and conventions have been holden for the procuring of a general peace, as well in the cities of Auxerre and Corbeil as latterly in our city of Arras for this desirable purpose.
'To this place our very-redoubted lord, king Charles, has sent our most dear and well beloved brothers and cousins, the duke of Bourbon and Auvergne, the count de Richemont, constable of France, the count de Vendôme, grand master of the household, the very reverend father in God the archbishop and duke of Rheims, chancellor of France, Christopher de Harcourt, Gilbert lord de la Fayette, marshal of France, master Adam de Cambray, first president of the parliament, master John Tudart, dean of Paris and master of requests of the king's household, William Charetier, Stephen Moreau, counsellors of the parliament, John Chastignier and Robert Marlier, secretaries to the said king, as his ambassadors.
'On the part of our very dear lord and cousin, the king of England, there came the most reverend fathers in God the cardinal of Winchester and the archbishop of York, our well beloved cousins the earls of Huntingdon and Suffolk, the reverend fathers in God the bishops of Norwich, St David's, and Lisieux, and many other churchmen, as his ambassadors.
'We also came thither in person, attended by many of our blood, and great numbers of our faithful and loyal subjects. Our holy father the pope sent also to this convention the most reverend father in God, and our especial friend, the cardinal de Santa Croce, invested with sufficient powers from him. In like manner, the sacred council at Basil sent thither, as its ambassadors, the most reverend father in God, our dear and well beloved cousin the cardinal of Cyprus, the very reverend fathers in God the bishops of Verona, of Alby, Nicholas provost of Cracovia, Hugh archdeacon of Metz.
'In the presence of the above ambassadors from our holy father the pope, and from the sacred council at Basil, we, as well as the ambassadors from France and England, have appeared as often as it was thought expedient, and have mutually made overtures and presents to each other. And although the ambassadors from the king of France made great and handsome proposals for the conclusion of a general peace, and such as were thought by the cardinals and prelates to be just and reasonable, and which ought not to have been refused,—and although the cardinals de Santa Croce and of Cyprus, together with the other envoys from the pope and council, even pressed the English ambassadors to accede to these terms, remonstrating with them, that in case they would not listen to the conclusion of a general peace, they had been charged by their holy father, and by the sacred council, to summon us to conclude a private peace with our lord the king, in so far as the whole of our personal interests were concerned.
'Nevertheless, the English ambassadors, continuing obstinate, in refusing the terms offered them, quitted our city of Arras without coming to any conclusion, or fixing any period for their return thither. For this cause, the cardinal legates, and the other ministers from the pope and council, exhorted and required of us to conclude a private peace with our said lord the king, provided that satisfactory proposals should be made touching the death of our very dear lord and father, whose soul may God pardon! by the ambassadors from him, and in his name, so that we should be contented therewith.
'The following proposals from our said lord the king were delivered in a written roll to the said cardinal legates, and other ambassadors from our holy father the pope and sacred council, and by them given to us.
'These are the offers made by us Charles duke of Bourbon and of Auvergne, Arthur count de Richemont constable of France, Louis de Bourbon count de Vendôme, Regnault de Chartres archbishop and duke of Rheims, great chancellor of France, Gilbert lord de la Fayette marshal of France, Adam de Cambrai first president of the parliament, John Tudart dean of Paris, counsellor and master of the requests of the king's household, William Chartier and Stephen Moreau counsellors, John Chastignier and Robert Morlier secretaries, ambassadors from Charles king of France, now in the city of Arras, for and in the name of our sovereign lord king Charles, to my lord the duke of Burgundy and Brabant, respecting the death of the late lord John duke of Burgundy, his father, and likewise touching other matters, that a treaty of peace and concord may be concluded between them.
'In the first place, the king will declare, or others sufficiently authorised by him shall declare, to the said lord the duke of Burgundy, that the death of the late lord John duke of Burgundy, his father, (whose soul may God pardon!) was iniquitously and treacherously caused by those who perpetrated the deed, and through wicked counsel, which was alway displeasing to him, and continues to be so in the sincerity of his heart. That if he had been aware of the consequences, and of an age to have judged of them, he would have prevented it; but at the time he was very young, having little knowledge, and inconsiderately did not prevent it. He shall entreat my lord the duke of Burgundy that what hatred and rancour he may have conceived against him for this cause may cease, and that henceforward good faith and peace may exist between them,—express mention of which shall be made in the articles that shall be drawn up in consequence.
'Item, the king will deliver up all who may have perpetrated the said wicked deed, or were consenting thereto, and will use all diligence to have them apprehended wherever they may be found, so that they may be punished in body and goods. Should they not be discovered, he will irrevocably banish them the realm of France and Dauphiny, with confiscation of effects, and exemption from profiting by any treaty.
'Item, the king will not permit any of them to be received or favoured in any place under his obedience; and will cause it to be proclaimed in all parts of France and Dauphiny, where proclamations have been usually made, that no persons do receive or favour them, under pain of corporal punishment and confiscation of effects.
'Item, the aforesaid lord, the duke of Burgundy, shall, so soon as he conveniently can after the signing of the treaty, name those who he has been informed perpetrated the said wicked deed, or were consenting thereto, that they may be proceeded against with diligence on the part of our said lord the king. And whereas the said duke of Burgundy may not at this present moment be sufficiently acquainted with the names of all who were concerned in, or who actually perpetrated, the aforesaid wicked act, at all times, that he may receive additional information, he may signify the names of such persons, by his letters patent, or otherwise, to the king, who shall be bound to pursue them, in his royal courts of justice, in the most summary manner.
'Item, the following edifices and religious foundations shall be made for the repose of the souls of the late John duke of Burgundy, of the late sir Archambault de Foix, count de Noailles, who was put to death with him, and for those of others who have been slain on this occasion, or in the wars that took place in consequence of this event,—namely, in the church of Montereau, where the body of the late duke John of Burgundy was first buried, shall be founded a chapel and chapelry, in which a low mass of requiem shall be daily chaunted; which chapel shall be endowed with an annual income of sixty livres parisis in mortmain, and furnished with a chalice, and all other ornaments sufficiently handsome, at the sole expense of the king. The presentation to this chapel shall be vested in my lord of Burgundy, and in his successors the dukes of Burgundy, for ever.
'Item, within the said town of Montereau, or as near to it as well may be, shall be constructed and endowed by the king, and at his expense, a church, with a convent of Carthusians, to consist of a prior and twelve monks, with cloisters, halls, refectories, granges and all other necessary buildings. This monastery, consisting of a prior and twelve religious, shall be founded by the king with well secured rents in mortmain, to the amount of eight hundred livres parisis, for the maintenance of the monks, the keeping up religious worship, and for the repairs of the convent, church and buildings, according to the advice of the reverend father in God the lord cardinal de Santa Croce, or whomsoever he may nominate in his stead.
'Item, on the bridge of Montereau, where this murder was committed, shall be erected a handsomely-sculptured cross, according to the device of the said lord cardinal or those commissioned by him, at the king's expense, and kept continually in perfect repair by his majesty.
'Item, in the church of the Carthusians at Dijon, where at present reposes the body of the said duke John of Burgundy, shall be founded by the king, and at his expense, a high mass of requiem, which shall be daily chaunted for ever at the high altar of this church, at such an hour as may hereafter be determined upon. And this foundation shall have secured to it good annual rents, in mortmain, of one hundred livres parisis, and shall be provided with chalices and other suitable ornaments.
'Item, these said buildings and foundations shall be begun upon, and take effect, so soon as conveniently may be,—and the masses shall particularly commence the instant the treaty shall be signed. But with regard to the intended buildings at Montereau, they shall be begun three months after that town shall be reduced to the king's obedience, and diligently continued without interruption until the whole of them be perfectly completed within the term of five years.
'In respect to the said foundations, proper measures shall be taken concerning them so soon as conveniently may be; and the moment the treaties shall be signed, the high mass in the carthusian convent at Dijon, before mentioned, shall commence,—and the monks shall be provided with books, chalices, and all other necessary articles. And when the town of Montereau shall be reduced to the king's obedience, the daily low mass shall be sung, at the sole expense of the king of France. Within three days after this town shall have submitted itself, a sufficient sum of money shall be paid to the lord cardinal de Santa Croce, or to whomsoever he may appoint to receive the same for the commencement of the said edifices, and to purchase chalices, books, and every other necessary article. And at the same time the annual income, before declared, of eight hundred and sixty livres parisis, shall be firmly established on lands, in mortmain, as near to the town of Montereau as possible. This income, however, does not include the rent of a hundred livres parisis allotted for the foundation of a high mass at the carthusian convent at Dijon.
'Item, as a compensation for the jewels, and other personalities that were either stolen or lost at the time of the decease of our late lord John duke of Burgundy, and for the purchase of others, the king of France consents, well and truly, to pay to the duke of Burgundy the sum of fifty thousand golden crowns, old weight, of sixty-four to the marc of Troyes, eight ounces to the marc, having twenty-four karats of aloy, or other current money, by instalments, as follow: namely, fifteen thousand on Easter-day twelvemonth, which will begin the year 1437; fifteen thousand on the Easter-day in the following year,—and the balance of twenty thousand on Easter-day in the year 1439. The duke of Burgundy shall not be prevented by this from persevering in his researches after the rich collar of his late lord and father, nor in his suits against those he may suspect to have it, as well as other valuable jewels, in order to recover them, over and above this said sum of fifty thousand crowns.
'Item, the king, from affection to the duke of Burgundy, agrees that the following lands and lordships shall be firmly settled on the said duke, his direct heirs and successors, whether male or female, namely, the city and county of Mâcon and St Jangon, as far as the boundaries thereof, with all the towns, villages, lands and revenues thereto belonging, which at this moment appertain to and are dependant on the domain of the crown of France, without any reservation, excepting the homage due from these fiefs to the crown, and the patronage of the churches and royal foundations, included in the droit de regale, and all other royal prerogatives which may belong from ancient times in this bailiwick to the crown of France. In all other respects the said duke of Burgundy shall hold the county of Mâcon, with its towns, villages, and dependances, and his heirs and successors, for ever, on paying the usual homage to the king and crown of France, as a peerage under the jurisdiction of the king and his court of parliament in a similar manner, and with all the rights and prerogatives attached to the peerage of France.
'Item, on the part of the king shall be yielded up to the duke of Burgundy and to his heirs and successors, to whom, after his decease, shall devolve this county of Mâcon, all profits and emoluments whatever that shall become due from the royal towns of Mâcon and St Jangon, whether from rights attached to royalty or from bailiwicks in compensation for protection, or by confiscations, fines, profits from the coinage; and all rights of every other description, shall be enjoyed by the said duke and his heirs, during their respective lives, on the terms and conditions following,—that is to say, on the nomination of the said duke of Burgundy, and his heirs after him, of a bailiff of Mâcon, the king shall appoint the same as his royal judge and commissary, to take cognisance of all crimes and suits appertaining to his sovereign jurisdiction throughout the county of Mâcon and its dependances, according to the usual form and manner in which the royal bailiffs of Mâcon and Saint Jangon have acted in former times,—but henceforth the bailiwick of St Jangon shall be abolished. And in like manner, on the recommendation of the said duke and his heirs, shall the king appoint all officers necessary for the good government of this county, such as governor, castellan, provosts and receivers, who shall exercise such appointments in the king's name, but to the profit of the said duke of Burgundy and his heirs.
'Item, in like manner, all profits from taxes shall be transferred from the king to the said duke, together with the duties on salt, on wines sold by retail, and every other imposition that may have been established in the elections of Mâcon, Chalons, Autun, and Langres, so far as these elections may extend into Burgundy or the county of Charolois, and throughout the whole county of the Mâconnois, included within the boundaries of the aforesaid duchy or county, to be enjoyed by him and his heirs for ever.
'The recommendation of all officers necessary for the government of the county of Mâcon and its dependances shall belong to the said duke of Burgundy and his heirs, but the commission and institution shall remain with the king of France.
'Item, in like manner shall the king of France transfer to the duke of Burgundy and to his heirs, whether male or female, for ever, as a perpetual inheritance, and as held in chief, the city and county of Auxerre, with all its dependances and appurtenances whatever, in regard to the administration of justice, domains, fiefs, patronage of churches, collations to benefices, as held by the king of France and his court of parliament, with the same rights, franchises, and prerogatives, as the other peers of France.
'Item, and together with this cession the king of France shall transfer to the said duke of Burgundy, and his heirs for ever, all revenues payable by the city of Auxerre and its dependances, in as ample manner as has been before stated when speaking of the county of Mâcon, as has been already declared. And also, that on the nomination of the duke of Burgundy and his heirs, of persons to fill up the various offices that may become vacant, the king of France shall confirm their nominations, and issue sufficient commissions and authorities accordingly; so that the bailiff of Auxerre nominated by the duke of Burgundy shall have a royal commission to judge and decide on all actions competent to his tribunal within the city of Auxerre and its dependances, in the same form and manner as has been heretofore done by the bailiff of Sens instead of Auxerre; which bailiff of Sens shall not any more interfere in these matters during the lives of the said duke of Burgundy, his legal heirs and successors, but shall refer the same to the bailiff of Auxerre, he having a royal commission for his authority. All the revenues of taxes, and of every sort of imposition shall be transferred to the said duke of Burgundy in a manner similar to what has been before declared in the article relative to the cession of the same in the county of Mâcon and its dependances.
'Item, in like manner shall the king of France cede to the duke of Burgundy and to his heirs, whether male or female, descending in a direct line for ever, as a perpetual inheritance, the castle, town, and castlewick of Bar-sur-Seine, with all its domains, jurisdictions, fiefs, patronage of churches, with all other rights and emoluments, for him the duke to hold them under the king as a peerage of France, under the royal sovereignty and jurisdiction of the parliament, on his fealty and immediate homage to the king of France. The king shall likewise transfer to the said duke and his heirs all profit from taxes and other impositions, to be received by him from the receivers, who, having been nominated by the said duke, shall be confirmed in their offices by the king.
'Item, the king of France shall yield up to the duke of Burgundy and his heirs the county of Burgundy, as a perpetual inheritance to be enjoyed by him and them for ever, together with the patronage of the church and abbey of Luxeuil, with all profits arising therefrom, which the count of Champagne claims as belonging to him, (although the counts of Burgundy, predecessors to the present duke of Burgundy, have pretended the contrary as a cause of quarrel) saying and declaring that this abbey, which is without the kingdom of France and the limits of the county of Burgundy, ought to be under his patronage and protection. To obviate, therefore, all future cause of quarrel, and for the public welfare, the king of France now consents that the patronage of this abbey shall remain wholly with the duke of Burgundy and his heirs.
'Item, the king of France shall cede to the duke of Burgundy, and to his legal heirs, whether male or 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 hinderance 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.
'Item, 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 any thing, 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 any thing 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.