term, the execution of the said decree shall be suspended for twenty years longer, still with a salvo to the king and the duke's rights from thenceforwards, and for the twenty years past."

27. The ambassadors cannot also but remonstrate against the denial of mandates in case of appeal and other points of justice to the duke's officers and subjects, and even when his officers have appealed and demanded security for the preservation of his right and signiory.

"The king will command speedy and strict justice to be done, and all mandates in cases of appeal or otherwise shall be granted without hesitation; so that it may be evident to all men that he is desirous to do right to the duke's subjects."

28. The ambassadors desire the king would let the duke enjoy the lands, signiories and rights made over to him, and to let him have instruments of ratification, by which all impediments to the contrary shall be declared null and of no effect. "This the king assents to in the full extent of it."

29. The ambassadors demand reparation of damages for himself and subjects during the troubles, which by a moderate computation amount to above 200,000 crowns in gold. "The king is willing to make reparation, but expects the same on the part of the duke."

30. The king is desired to prohibit the Bailiff of Gens for the future to receive appeals, and to grant relief in cases of appeals by the subjects of the duchy of Burgundy; forasmuch as that duchy is the first peerage of France, and therefore the duke and his subjects ought to appeal nowhere but to the parliament, if they think fit.

"The king agrees to this article."

31. The bailiff, judges and officers of the said duke in that duchy, ought not for the future to be hindered from taking cognizance of the subjects of the said duchy, under pretence that they are burghers of Ville-neuve-le-Roy; and the Bailiff of Gens and all others should be forbidden to grant protections to the subjects of the said duke in his duchy, under pretence of that burghership.

"The king agrees also to this."

32. The king is desired to grant letters patent, and in them to declare that all executions made by virtue of the seal of the said duchy, shall take place according and pursuant to the

privileges of the said seal, and notwithstanding any appeals, and without prejudicing the same.

"The king agrees to this article."

33. All complaints made in respect to innovations, which shall be exhibited by the said duke in his said duchy and his other territories, or by the judges of those countries who may and are wont to offer those complaints, ought really to be redressed, notwithstanding any appeals, &c.

"This the king allows of."

34. Though the villages of Desgrandes, Mallay St. Guillain, Ducray, and other adjacent ones, are directly in the duchy of Burgundy, appertaining to the said duke, and belonging to the bailiwick of Destun; yet the king's officers have attempted to make them to belong to Lyons, as well in point of jurisdiction as in the matter of taxes, to the prejudice of the said duke, and also contrary to the treaty of Arras, by which all the profits and royal rights in the bailiwicks of Mâcon and St. Gengon ought to belong to the said duke; for if the king had any right to the said villages, it must be upon the account of the said bailiwicks of Mâcon and St. Gengon only; and for the late duke, he complained of it to the late King Charles, and since to the present king; and was informed that M. Guichard Bastier, Chief-judge of Lyons, should inquire into the matter of fact, and there determine it. Nevertheless, the said ambassadors require that the said information may be reviewed and examined by the said commissioners, who shall be appointed to transact the other matters above men. tioned, and so as to re-instate the said duke in the possession of the said villages whereof he has been deprived wrongfully and without any just cause; in case that information be sufficient to do it, or otherwise the commissioners shall decide it in the manner aforesaid.

"The king agrees to this article in all the parts of it."

35. And in case there are any articles that cannot presently be executed, but that it shall be necessary that they should be examined and determined by commissioners, whom the king and the duke shall appoint, and that in order to this a convenient time be also assigned; and that it may so happen that though the said commissioners have not full power from the king and the duke to determine the things left to their cognizance: insomuch that the said matters may be delayed

through the difficulties which may occur, as well in respect to the knowing, as making a declaration of the rights of the parties; let the king and the duke, if they are so pleased, expedite their powers, by which both sides shall agree, that, in case the said commissioners cannot accord, they may choose an umpire, an able man, who cannot be suspected of partiality, to whom they shall declare and impart their difficulties and differences; and when he shall be fully instructed in the whole affair, he shall declare his opinion according to his conscience, and without any favour or affection. And so the matter shall be adjudged and determined, according to the advice of those the said commissioners who shall be of the umpire's opinion, notwithstanding the opposition of the rest, with a salvo always to the greatest and soundest part in number of persons and opinions of the said commissioners, by whose advice the matter shall be determined as effectually as if all the commissioners had agreed to it. And in case the said commissioners shall not be able to agree among themselves about the choice of an umpire, those on the king's side shall be obliged to name two worthy persons, and the duke's commissioners as many, neither of whom shall be natives, or the subjects of either of them, nor suspected of partiality; out of which four, one shall be chosen by lot, who shall be the umpire, to decide the matter as aforesaid; and if the commissioners who shall be appointed by the king do not agree in the choice of an umpire as aforesaid, in that case the duke's commissioners may do it without them. And, on the contrary, if the said commissioners of the duke do not agree to it, those of the king's may in like manner do it without them. And that choice, together with the king's which, by virtue thereof, shall be made, shall be as valid as if done by the commissioners on both sides by common consent; and the said commissioners on one side may proceed in the said affair, by default, and upon the refusal of the commissioners on the other side, and act with the said umpire, in the same manner as if all the commissioners were together. And all that shall be determined, done, and executed, in the things aforesaid, shall remain firm and valid for ever; and that the said commissioners and every of them shall swear solemnly that they will take care of, attend, and manage the said

affairs as aforesaid, and have a very strict regard to the right of each part, and proceed therein without interruption or delay, and without alleging any excuse, unless in case of death or sickness. And in case of an excuse as aforesaid, the commissioner, whose business it is, shall appoint one to act in his stead, who shall proceed with the rest in the same form and manner as above directed.

"The king agrees to the contents of this article."

[The conclusion and ratification of this treaty being matters of form, we omit them.]

СНАР. Х.

How the King accompanied the Duke of Burgundy in his Expeditiou against the Liegeois, who were formerly his Allies. — 1468.

AFTER the conclusion of the peace, the King and the Duke of Burgundy set out the next morning for Cambray*, and from thence towards the country of Liege: it was the beginning of winter, and the weather very bad. The king had with him only his Scotch guards and a small body of his standing forces; but he ordered 300 of his men-atarms to join him. The duke's army marched in two columns; one was commanded by the Marshal of Burgundy (of whom I have spoken before), and with him were all the Burgundians, the above-mentioned nobility of Savoy, and a great number of forces out of Hainault, Luxembourg, Namur, and Limburg; the other body was led by the duke himself. When they came near the city of Liege, a council of war was held in the duke's presence, in which it was the opinion of some of the officers, that part of the army should march back, since the gates and walls of that city had been demolished the year before, and no hopes were left them of being relieved; for the king was with us in person, and had made some overtures for them, which was almost as much as was demanded of them: but the duke was not at all pleased with this proposition, and

They left Peronne on the 15th of October, and slept at Cambray on the 17th. Lenglet, ii. 192.

it was well he was not, for never prince was nearer his ruin, and it was only his suspicion of the king which was the occasion of his rejecting it. Certainly they who proposed it, out of an opinion of their too great strength, were very ill-advised; it was a great instance of their folly or pride, and I have often heard of such counsel having been given, but it was always by such officers as were either ignorant of what was fit to be done, or such as had a mind to be esteemed for their courage; but our king (whom God pardon!) understood an affair of this nature excellently well. He was slow and timorous in undertaking any action of importance, but when once he had begun, he provided so well, that it was hardly possible for his designs to miscarry.

The Marshal of Burgundy was ordered with the brigade under his command, to advance before us, and possess himself of the city; if he was refused entrance, he was ordered to force it if he could, for there were already several deputies from the city coming and going about an accommodation. The marshal advanced as far as Namur, and the king and duke arriving the next day *, he removed and marched on. As soon as he approached the city, the poor inconsiderate citizens made a sally, but were easily defeated (at least a good part of them), and the rest retired. During this confusion in the town, the bishop made his escape, and came to our army. There was at that time a legate† sent from the Pope to pacify their disputes, and to inquire into the difference between the bishop and the people; for they remained still under excommunication for the above-mentioned reasons and offences. This legate exceeding his commission, and hoping to make himself bishop of that city, favoured the people, advised them to take arms, and to stand upon their defence, and other foolish counsels he gave them besides: but finding what danger the town was in, he endeavoured to make his escape, and got away with his whole train (con

*They arrived at Namur in the morning of the 21st of October, and remained there until the 24th. Lenglet, ii. 192.

† Onofrio de Santa Croce, Bishop of Tricaria, in the kingdom of Naples. He was a native of Rome, where he died on October 20. 1471.

Pietro Barbo, a Venetian, Cardinal of San Marco, was elected Pope under the name of Paul II., on the 31st of August, 1464. He died on the 28th of July, 1471.