The chronicles of Enguerrand de Monstrelet, Vol. 02 [of 13] : $b containing an account of the cruel civil wars between the houses of Orleans and Burgundy, of the possession of Paris and Normandy by the English, their expulsion thence, and of other memorable events that happened in the kingdom of France, as well as in other countriesMonstrelet, Enguerrand de
History
The chronicles of Enguerrand de Monstrelet, Vol. 02 [of 13] : $b containing an account of the cruel civil wars between the houses of Orleans and Burgundy, of the possession of Paris and Normandy by the English, their expulsion thence, and of other memorable events that happened in the kingdom of France, as well as in other countries
Monstrelet, Enguerrand de
Europe -- History -- 476-1492 -- Sources; France -- History -- House of Valois, 1328-1589; Hundred Years' War, 1339-1453
‘I say, therefore, that such ought to be the judgment given for them,
and without delay, considering the notoriety and enormity of the
offence of our adversary; for it is publicly known, that the duke of
Burgundy has confessed himself guilty of it. He first made a confession
of his guilt to my lord of Berry and to the king of Sicily, giving no
reason for it but that he was urged on by the devil: he then did the
same before several noblemen. This ought therefore to weigh against
him, and convict him of the crime, without further trial: nor ought
you to suffer any sort of colouring to be admitted in palliation of
his guilt. He ought not to be heard otherwise than he has been, for
he varied not in his confessions to the different persons; and pope
Innocent approves of this, in his chapter on Free Will, and Guillermus
de Montleon, in his chapter on Clerical Constitutions. Pope Nicholas
held king Lothaire, in like manner, convicted to his prejudice in a
certain case, about which he had written to the pope, as appears in
the above chapter. This confession of king Lothaire had been made in
a letter, previously to any trial. The duke of Burgundy, therefore,
ought to be condemned from this public confession of his crime in the
presence of different persons. He has beside made a similar confession
when he appeared publicly before thee, lord of Acquitaine, when thou
didst sit in judgment representing the person of the king, and before
the princes of the blood and all the council of state. He cannot,
therefore, deny his having made such confession before competent
judges. It follows then, that no further trial is necessary, but that
sentence should immediately be passed; for confession of guilt should
be judged the fullest evidence.
‘The law says, ‘In confitentem nullæ sunt partes judicantis.’ And
supposing, that according to some, a sentence is requisite, at least
it is certain that no trial or examination of the cause is necessary,
since this present case is extremely notorious. So has it formerly been
determined by the sentence and judgment of the kings in times past,
against several great lords of their day,--to wit, that when the facts
were notorious, no other process or inquisition was required. And so
shall it be determined, by the grace of God, in the present case,--for
so reason demands.
‘Should it, however, be thought necessary to go into another trial,
which, from all I have said, I cannot suppose, my lady of Orleans
is ready prepared to bring forward the fullest proof of what I have
advanced, and such as must convince all reasonable persons. But as my
lady can now only offer civil conclusions, and would willingly propose
criminal ones, but that it belongs to the king’s attorney-general
according to the usage in France,--my lady, therefore, most earnestly
supplicates the king’s attorney to join with her, and propose such
sentence as the law in this case requires.’
Public-domain text, read in full here on John Shaqi.
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