M. (Paul) Rapin de Thoyras.

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States, as well fpiritual as temporal, Cities, Commu-
nities, Burghers, &c. fhall fwear, 1. Punctually td

5 2 5

1 •) : B ,

" oblerve what fhall be enjoined by the two Kings and
" the prefent Queen. 2. To obey the King of England
" as Regent. 3. To recognize him after the death of
" King Charles for their lawful Sovereign, and to obey
" none but him. 4. Not to aflift, with their counfel or
" confent, any plot againft his perfon, and to dif'cover to
" him all fuch confpiracies as fhall come to their know-
" ledge.

" XIV. All the conquefts which fhall be made hcre-
" after, in the kingdom of France, Normandy excepted,
" fhall be to the ule of the prefent King. Item, All the'
" Lands and Lordlhips, which fhall be conquered, fhall
" be reftored to their true proprietors, being in obedience
" to the King, and having fworn to obx-rve the prefent
" treaty.

" XV. All the Ecclefizllicks of Normandy, fubjifl to
" the King ot England, and paying obedience to King
" Charles, or that are of the Burguvdian party, upon
" fwearing the prefent treaty, fhail enjoy their benefit,
" as well in Normandy, as elfewhere.

" XVI. All the Norman Ecclefiafticks holding bene-
" fices in France, fhall be continued in them upon thai
" fame terms.

" XVII. The Univerfities and Colleges, as well in
" Normandy, as in France, fhall be preferved in their
" rights and privileges, on the fore-mentioned condi-
" tions, faving to the crown of France its preroga-
" tives.

" XVIII. When the King of England fhall come ta
" the crown of France, Normandy and all his other con-
" quefts fhall be united to the crown.

" XIX. If the King of England has already difpofed in
" Normandy of any lands, revenues, or poffeiSons, be-
" longing to any of the Burgundian party, they fhall
" have an equivalent in France, out ot the lands of the
" Rebels. And if they receive not this equivalent, before
" the laid King is in poffeflion of tiic crown of France,
" he promiles to give it when he afcends the throne. But
" what he has not difpofed of, fhall be reftored to the
" proprietors, according to article XIV.

" XX. All the publick acts fhall run in King Charles's
" name. However, as fome unforefeen cafes may occur,
" where the King of England mav be obliged to difpatch
" orders, then it fhall be lawful for him to join his name,
" as Regent, with the prefent King's.

" XXI. The King of England fhall forbear, on all
" occafions, during the Life of King Charles, to all'ume
" the title of King of France.

" XXII. In the publick A£ts, the King of France,
" fpeaking of the King of England, fhall u(e this form,
" Our mojl dear Son, Henry King of England, Heir cf
" France ( 5").

" XXIII. The King of England fhall lay no taxes on
" the French, but fuch as are reafonable, and for the good
" of the publick, according to the laws and cuftoms of
" the kingdom.

" XXIV. When he himfelf, or any of his heirs, fhall
" come to tiie crown of France, the two kingdoms of
" France and England fhall be for ever united, under one
" Prince. There fhall not be a King in each kingdom ;
" but one and the fame King fhall be Sovereign ot both
" the realms, without however fubje£ting one to the
" other : But the laws and liberties of each kingdom fhall
be preferved diltinr£t and inviolable.
" XXV. Henceforward, friendfhip and a good under-
flanding fhall be eftablifhcd between France and Eng-

(l) Quamprimum ad Coronam & Dignitatem Rcgalcm Francix pervencrit Rymcr'i Feed. Tom- 9. p. 842.

(j) By the Duke of Burgundy, Jan. 5. and by King Henry, Jan. 12. Ibid.

(3) There are fome of thefe Pieces ftill in being, in the Hands of the Curious. Rapin.

(4) In his Journey thither, he wore a Crown en his Helmet, and bore for his Device 1 Fcj:'i Tail embroidered.

(5) Nofter pracharlffimus Filius Hearitus; &« An^lis, H#res Fianciee.

N" 27. V l, I, 6 R


p. 263,



77:e H I S f R Y of E N G L A N D.

Vol. I.

Sens taken,
Act Pub-
IX. p. 910.
a%d Mon-
T. Livius.

Melun he-


Aft. Pub.
X. P 4.

ft ! ., .
']"■ I. v us.
and taken.

Des Urfins.
Kift. of
Charles VI,

"■"The ttvo
Court* make
th it Entry
into Paris-

1> t Stated
of F nee

confirm the

'■ ■■ /

Ad. Pub.
X. p. 30.

" ;'..'.'/ and the two kingdoms fhall afiift one another
" with all their power.

" XXVI. All the allies of the two crowns, who in
" eiaht months fhall defiie it, may be included in the
" prefent treaty, referving to the two crowns, and their
« f u b ; ects all rights, anions, remedies in refpect of thole

" allies ( 1 ).

" XXVII. The officers and domefticks of the prefent
" Kir," (hail be French, or born in countries where the
" French tongue is fpoken (a)/ and fhall be will* ai.d
'• well-qualified perfons. The King his Son, with the
" advice of the Duke of Burgundy, ihall rnake an hono-
" rabb proyifion for the maintenance cf the King's per-
" Ion, tuitably to his royal Rate and dignity.

" XX VI 11. He fhall keep his refider.ee in fome con-
" ficcrable place within his own dominions, and not be
" confined to an obfeure retreat.

" XXIX. Conlidering the crimes committed by
" Charles, who ftiles himfelf Dauphin de Viennois, it is
*•■ agreed, that no peace fhall be made with him, without
" the unanimous confent of the two Kings, and the Duke
" of Burgundy.

" XXX. For the fecurity of the performance of thefe
" articles, Letters under the Great Seal fhall be given the
" King ot England by the King of Frame. Item, The
" Queen, the Duke of Burgundy, the Princes of the
" Bjocd, Pee.-s, Nobles, Towns, Cities, Communities,
" fubjecl to the King, and ail in general of whom the
" King of England fhall require it, fhall give the like
" letters of approbation.

" XXXI. The King of England fhall iikewife give
" the fame for himfelf, for the Princes his Brothers, the
" reft of the Princes of the Blood, and others, as die
" King ot France fhall require.

Given at Troye, May the 21ft, in the Year of our
Lord 1420, and of King Charles the 40th.

The marriage being confummated (3) June the 2d, the
two courts fet out together next morning for Sens, which
wis now inverted. This pl.-.ce hoki.ig out but ten or
twt'\e days, the army marched to A.oi'.ereau, where the
Duke of Burgundy was murdered, and took the town in
a fhort time. The Duke of Burgundy found there the
body of his Pathcr, very indecently buiied in his doublet,
and ordered it to be removed to Dijon.

About the middle of July, the army laid fiege to Me-
lun, which was defended by the Lord De Barbazan, the
governor, four months. The King of England, with
his army, was longed on the fide of the town towards
Gatinois, and the Duke of Burgundy, with his troops, on
the fide next La Brie. This fiege became famous by the
ftout defence of the Befieged (4), who repulfed feveral af-
fauits, and whom famine compelled at laft to capitulate,
about the middle of November. A French hiftorian fays,
the capitulation was not ob'erved, by which the garrilbn
were to have their lives without ranforn, except filch as
were conctr. ed in the murder of the Duke of Burgundy ;
but inftead of being fuffered to depart, they were thrown
into prifon at Paris, and itarved to deatii. To judge of
the truth of this fa£t, it is necefiary to fee the articles of
furrender, and to know, whether thofe that were carried
to Paris, were not fuch as were expreisly excepted. It is
the more likely they were really of this number, becaufe
the fame author fays, the King, and the Duke of Bur-
gundy, demanded four and twenty hoftages by name, and
that thele hoftages were conveyed to Paris, with as many
more as could be feized. This feems to argue, that the
garrifon were releafed, and none but private perfons fei-
zed, who might be fufpecled, as well as the hoftages, of
being concerned in the Duke of Burgundy's death. Be
this as it will, as Henry ought not to be excufed in cafe of
breach of faith, lb neither ought a too hafty credit to be
given to a fingle hiftorian, who appears, in other refpedfs,
exceeding partial againft Henry, and even refrains not
from abufive language. After the furrender of Melun,
the two courts returned to Paris, where the two Kings
made their entry together, on the fnft Sunday in Advent,
and the Queens, the next day.

In the beginning of December, the States General met
at Paris. King Charles going to the afl'embiy on the
6th, told them, that of his own free will, he had made

a peace with the King of England, was perfuaded it would 1420,
be beneficial to France, and defired them to confirm it by
their authority. The King's declaration in his prefent
condition, was not a fufficient reafon to i:\duce the States
'to ratify a peace, which, according to their principles, vio-
lated the molt facred rights of the kingdom, in order to
fet the crown on the head of a foreign Prince. But in
the ltate they themfelves were in, it was Jcarce in their
power to examine the cpnfequences, or freely to fpeak
their minds. So it was unanimoufly refolved, that the
peace of Troye fhould he obferved, and held as a publickr
law, and that all the French fhould be obliged to take the
oaths mentioned in the treaty. This is not a proper
place to examine Henry's pretenfions to the crown of
France. They were the fame as were formerly urged by
Edward III, and of which I have amply fpoken in the
hiitory of his reign. But however, it may be faid, that
when the French fwore to this peace, they thought it very
unjuft, and confequently there could be but little reliance
on oaths, which they confidered as involuntary. Ac-
cordingly, they plainly fhowed afterwards, they valued
them not. And yet Henry, with all his policy, depended
upon thefe extorted promifes, as if the French then living,
had been more fcrupulous, than thofe who had fworn to
the peace of Bretigny.

On the 23d of the fame month, King Charles's coun- Seance upon
cil being fummoned for the purpofe, the Duke of Bur- '*' Murde-
gundy appeared in a mourning habit, and demanded Ju- r ^\, ' r
itice againft tl.e murderers of the Duke his Father. Me- Burgundy.
zerai lays, the Dauphin was folemnly called to the Mar- *&■ Pub *
ble-Tabie (?), and not appearing, was attainted and con- Mo n ft re 3 iet
vieted of cauiing the Duke of Burgundy to be killed ; pro- t. Livius.
nounced unworthy of all inheritance, particularly of the Elmh-jni.
fucceffion to the crown (6); and banifhed the realm for
ever. It is hard to believe, fuch a hiftorian would ad-
vance fuch a faift, without good authority. And yet
this fentence, which is extant in the Colleclion of the Pub-
lick Acts, mentions neither the fuccefiion to the crown,
nor the banifhmentof the Dauphin. The fentence is gene-
ral, againlc all the murderers of the Duke of Burgundy,
without naming the Dauphin, or his accomplices, at lealt in
the Purvieu. It is true, that in the preamble, there is men-
tion of the treaty between the Dauphin and Duke of
Burgundy, and that afterwards it is faid, the Duke of Bar-
gundy was killed by him; which words, by him, manifeft-
ly relate to the Dauphin, named a few lines before. It ap-
pears however, that the fentence was fo worded, that the
Dauphin was included only in the general notion of the
murderers of the Duke of Burgundy (7), and that it does
not feem to point particularly at him. Confequently, it
was not natural to fpeak of the fuccefficn to the crown.
Probably therefore, Alezerai had more regard to the in-
tent of the decree, than to the words themfelves.

The Dauphin finding all forts of means were ufed to <n, c £„„<,£.„
deprive him of the crown, appealed to God and his fword, appeals to
from whatever had been hitherto, or fhould be for the Codandlts
future, tranfadted againft him, in the name of the King his p arai i;' n .
Father, and continued ftill to aflume the title of Regent.
As fuch, he removed the Parliament and Univerfity of
Paris, to Poicliers, where fome of the members of thefe
two bodies repaired. Thus were feen at the fame time in
France, two Kings, two Queens, two Regents, all the
officers of the crown double, feven or eight Marfhals of
France on each fide, two Parliaments, and two Univerfi-
ties of Paris (8).

Though Henry was declared Regent, and Heir of France,
it was however only by the Burgundian party, who hav- F
ing the King in their power, thought they had a right •uldedic-
to difpofe of the affairs of the kingdom. The Dauphin £""? ttm
had ftill a ftrong party, who, far from fubmitting to the
peace of Troye, maintained, that though the King had
been free, and in perfedt health, he could not dilpofe of
the crown as he had Hone, much lefs, being diftempered,
and a captive. The provinces diftant from Paris, not
being awed by the Englijh arms, adhered for the molt
part to the Dauphin. Even the country about the Me-
tropolis was divided. In the fame Province, there were
fome places for the Englijh, and others for the lawful heir
of the King. So, notwithftanding the peace, the war
was not yet ended, fince the two Kings were under a
neceffity of driving the Dauphin out of all the towns


ra nee di ■

(1) Henry probably inferred this obfeure Rcfcrvation, with regard to Scotland. Rapin.

(2) This, wns, n. t to i'Miuc. the inhabitants of the Provinces belonging tothe King of England, as Normans, &c. Rapjn.
(3; It u sfolemniz d on May 30, jn'St. John's Church in Troye, by the Archbifhop of Sens. J. DtsUrfini, p. 379-

■ (+) l"hisSiege'laftcdfoaft«nWttfcjafni-fburDaysi H'alfmg. p. 403.

( J A Court of Juftice in / rai ce, eftabl.flud at Paris and fome other Places, confifHng of a Prefident and feven Counfellors : Frcra it there lies no
Appeal. Beutainvtlliers Etat de Fragce. Tom. I. p. 39,40.

(6) v^ued Delphinus privaretur fuccefiiene ictni, & aj fuccedendum patri declaretur inhabilis. T.&vius, p-Qi.

(7) In this Sentence, the Murderers or the Duki oi Bui mndy are declared guilty of Hith-Tuaun, and confequently to have forfeited Body and Goods,
and to be excluded frpm all Suceellion, direct or cellati-r J, and from all Dignities, Honours, and Prerogatives whatilever. Jiymers Ftrd. Ttro. X.

P* 3 v ...

(3) During King Henry's abfence in France, a Parliament was called by his Brother Humphrey Duke of Gtxejlcr, P^egent of the Kingdom, which met
'DeccAtt 2. i. iitjin, p. 197, 298.


Book XI.

14. II E N R Y V.


the C


142:. and Provinces, he poilciTcd. This was r,o eafy task,
though the union of the Englijh forces with the Burguu-
dian party, gave them a great fu pcriority.
Pardon Guienne, part of which was fubjeQ to Henry, was more-

over a very confiderablc advantage, as it letved to keep in
awe the Provinces beyond the Loire. ■ Mill the death of
Armagnac the conltablc, this Province laid rather been a
charge, than a benefit to the Englijh. There was a con-
itant occafion for a Handing army, to defend it againft
the continual attempts of the party, which had declared
for France, about the end of the reign of Edward III.
Aft. Pub. Tj, e h ou je S of Armagnac and Albret, who were at the
X ' p ' '' head of this party, had created the King of England great
trouble, particularly after the Earl of Armagnac came to
have the management of the publick affairs. But after the
death of that Karl, the heads of the party thought fit, as
I laid, to make a truce with Henry, in order not to fa-
vour the Duke of Burgundy by their diveriion. After the
treaty of Treys, they fued for peace, as believing they
Ib.p.+i,4;. could no longer refift. Henry hoping to reap great advan-
tages by the quiet poffeflion of Gu'tenne, readily received
them into favour, and ordered letters of pardon to be gi-
ven them (1), upon their renouncing, by a publick in-
ftrument, the appeal of their anceflors, to the court of trie-
Peers of France, in the time of Edward III. Some fay,
Choify that by the peace of Troye, Guienne was to be united to
ri ft 'i° f vr '' ie crovvn °f France, after the death of Charles VI. But,
befides that in the treaty of Troye, there is no mention of
Guienne, it plainly appears, by what has been related, that
Henry had no fuch intention. It is rather evident, that
he grounded on the treaty of Bretigny, his preferving, as
King of England, the fovereignty of Guienne, indepen-
dent on the crown of France.
Henry n- Henry having fettled his affairs in France, in fo glorious
turn: ia a manner f or himfelf and his nation, refolved to return
Wal ins." ' llto England, where three things required his pretence.
T. Livius. Firft, his Queen's coronation. Secondly, the confirma-
Elmham. t j on f t ] le p^ace f Troye by the Parliament, and the de-
mand of a fupply of money, to enable him vigoroufly to
carry on the war againft the Dauphim. Laftly, the ne-
ceflity of taking fome meafures againft the Scots, who had
fent fuccours to his enemy, under the command of the
„_, Earl of Buchan, the Regent's Son. Upon leaving France,
X- p- 49.' Henry gave the command of his troops to the Duke of
Clarence his Brother (2). Then he fet fail with his
Queen, and fafely arrived in England about the end of
Ike %<re February. A few days after, the Queen was crowned (■;),
crowned. anf J a Parliament fummoned to meet at Lcicejler the 2d
p ' 63 ' of May.

slParlia- Whilft the People were bufy in chufing their reprefen-
fnent caHtdi tatives, the King took a progrefs into leveral counties,
TbcKmg anc j {k,y ec i f ome weeks at York. His aim was, under cc-
York. l° ur °f fhowing the Queen the country, to procure by his

■Walling- prefence, elections of members that fhould be favourable
to him. He was fenhble of the nation's difcontent, at be-
ing obliged to bear the expences of the conqueft of France.
AFrida- Some fay, it was during this progrefs, that the King iffued
matim a- a proclamation, prohibiting the admiffion of Ecclefiafticks
pS/c«/- mto benefices, by the Pope's provifions, contrary to the
hums. rights of the Patrons. But it is more likely, this procla-
mation was not iffued till after the Parliament of Lcicejler,
purfuant to an act made for that purpofe. Be this as it
will, it was a mortal blow to the court of Ro?nc, to whom
the claufe of Non-objlante, fo frequently ufed by the Popes,
became fruitlefs, at leaft with regard to the collation of
The DuU of Before the meeting of the Parliament, Henry received
CUrence is the fad news, that the Duke of Clarence his Brother,
Monftielet. was ^ am > dpril the 3d, in a battle in Anjou. The Duke
Walimg. had led ten thoufand Men into that Province, to reduce
Elmham- [ t j the obedience of the King. Whilft he was em-
ployed in this expedition, he heard, that the Earl of Bu-
chan, with (even thoufand Scots, had entered the Pro-
fs rthius v ince, and was encamped at Baugc. At the fame time,
Buchanan- he had falfe intelligence, that the vanguard of the Scotch
army was fo far from the main body, that it would be
eafy to put them to rout, provided they were fpcedily at-
tacked. Upon this information, he haftily headed his
horfe, leaving the Earl of Salisbury orders to follow lam,
with the reft of the arm)'. When he came to Baugc,

he found indeed fome Scitch troops- intrenched in the i42,f.
Church-yard. He charged them immediately, and de-
mounted in order to head his troop,. But he was fo
long in forcing the Scots from this poft, that the Earl of
Buchan had time to come to their relief. Then the
Duke remounting his horfe, furioufly attacked the new-
comer:;, notwithstanding the inequality of his forces. He
gave, on this occafion, proofs of an uncommon valour;
but at length, being ovcr-poweivd by numbers, and un-
able to bear the thoughts of flying, he was wounded in
the face by a Scotch Knight (4], and killed by the Earl
of Buchan himfelf. His death caufed an entire defeat of Walfiag.
the Englijh horfe, whereof fifteen hundred were flain (;),
and many taken prifoncrs (6). Among the flain were,
the Earl of Kent, the Lords Gr,y and Jij, and fevefal
other officers of diltinction. The Earl of Salisbury, not
being able to advance in time to affift the Duke of Cla-
rence, had however the comfort to recover from the ene-
my, the body of that Prince, which he fent to the King
his Brother (7).

The advantage gained by the Scots, rendered the King's The Par-
prc-feuce neceffary in France. But he had ftill in England
affairs, which were no lefs urgent. The Parliament p
meeting the 2d of May, readily confirmed the peace 6C Troye, and
Troye fo glorious to England. A fubfidy was alio granted ";\ a
(8) for profecuting the war againft the Dauphin; but at
the fame time was prefented to him a petition, wherein X- p. no.
he was told, it was but too true, that the conqueft ol '
France proved the ruin of England. To obtain tilis fiib- 1 ,. n
fidy, the King had laid before the Parliament, a ftate oi ' *'' i'-
the revenues and expences of the crown. By this account,
a fragment whereof is inferted in the Collection of the venues and
Publick Ails, it appears, that the King's revenue amount- E*t""'"
ed but to fifty five thoufand feven hundred and forty-three
pounds Sterling; and that the ordinary expences ran away
with fifty two thoufand two hundred and thirty-five
pounds ; fo there remained but three thoufand five hun-
dred and eight pounds, to provide. for a dozen extraordi-
nary articles, mentioned "in the account. The Parlia-
ment's petition could not but be very difplealing to the
King. One half of France was ftill unconqtiered, arid
the Provinces fubject to the King were fo drained, 'that
there was no profpeel of drawing from thence, the ne-
ceffary fupplies for contini .ing the war. Wherefore, the
burden was ftill to fall upon Enghmd. But the Parliament *

grew weary of fufnifhing money, at a time, when it was
more neceffary than ever, by reaioii of the diveriion the
kingdom was threatned with from the Scots.

I have deferrei till now, to (peak of the affairs of Scot- Af.iisof
land, becaufe fince the acceifionof Henry V tfi'' : the Sco-Lnd
crown oi England, nothing had paffed in Scotland, re-^'c*'?"!
markable enough to bleak the thread of the Hiilory.y. cent
But at prefent, it will be neceffary briefly to mention
them, for the underh'anding of the lequel. It was feen ,
in the late reign, that in 1406, 'James Stuart, then
Prince of Scotland, was detained in England, and Alertly
after became King of Scotland, by the death of his
Father. This new dignity was fo far from turning to
his advantage, that it rather ferved to caufe him to he
more flrictly guarded. The Duke of Albany his un-
cle, who had affirmed the regency, Hked it too well, to
endeavour effectually to procure his liberty. Not a year
palled, but he fent ambaffadors into England (9), under ,,'" ."
colour of folliciting the freedom of the King his nephew ; a_c. - 1 . -'.,.'
bat his real intention was far from what he feemed to ,J 3- ,2:>
defire. The chief motive of thefe frequent embaffics 1T.\ * , -
was to negotiate the exchange of the Earl of Fife his 913.
Son, for young Percy, Son of the Earl of Norrhu,,
land. The Earl had been prifoner in Englar.d, ever fince
the battle of Halidon : Percy was fcized in Scotland by way
of reprifal for the King. This exchange was effected,
and yet the embaffies were no lefs frequent. It was eyei
on pretence of treating about the young King's releafe,
but in reality to influence the King of England, to detain
him in prilbn. Buchanan affirms, it was on condition
the Regent would engage not to difturb lie >y, by diver-
fions in favour of France. Otherwife, the Scbtl u iild
never have (b peaceably fcen France attacked by the
Englijh. Mean while, as to induce the Scats to remain
quiet contrary to their iritereft, it was neceffary to rive

(1) Which were figned at Rear, Jan. 16. Rymer's Feed. Tom- 10. p. 41 4c.

(-) And appointed Thomas Mbataaite, Earl or Salijbury, his Deputy in f.~rtnar.dy. Ibid. p. 29.

(3) Febr. 14, Monjlrelct. Gcodzvin, p. 300. 14'aljingbam fiysj it was tiie 9th, and Elmbam the 22d ; p. 299.

(4) Sir 7*: S-.iir.ton. Buchan. 1. 10.

(5) The chief of them were, (befides the Duke ot'Clarcncc) John Lord Rc:s, and his Brother ; Sir John Cray of lletiin, E^rl of Tanlcrvilk j ani Sir
Gilbert Umfrevil/e. Rymer's Ftsd. Torn- so. p. 95. IValj. p. 405.

(6) Among whom vtcre John hh/land, Earl of Hunlmyln ; John Beaufort, Earl of Soma ft ; and Thomas Montacule, Earl of Salisbury and Percbe ■
the Lords Fitx-tyjtter, and Sir William Btwt'. rValf. p- 405.

(7) He \v.!r buried in the Cathcdral-Chuich of 'Cant.-rbwy. Ibid. ,

(S) A Fifteenth from the Laity, and a Tenth from the Clergy ; and the Bifliop of Winthrjlcr l«nt the King twenty tloufan ! P^und:. l-v v.av 0" ad-

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