‘But I now ask why he thus acts? Because he knows the charge is groundless, and that in many places human judges may and do punish sorcerers and idolaters according to their power; and that numbers have for these crimes been condemned to death, because they were bad Christians, and that from such errors of the faith proceed heresies. It is written in the second book of Kings, that Josias killed and extirpated diviners and sorcerers; and in the tenth chapter of Zacharias, ‘Divini viderunt mendacium et somniatores locuti sunt frustra.’ It is also written in the nineteenth chapter of Leviticus, ‘Ne declinetis ad magos, nec ab ariolis aliquid sciscitemini.’
‘The reason why the advocate passed so rapidly over this charge was, that he knew nothing against my lord of Orleans that could prove him a bad Christian, or that he was not firm in his belief of religion. O, lord king! my lady of Orleans supplicates thee, that the words of Job, in the twenty-second chapter, may be verified,—‘Salvabitur innocens in munditia manuum suarum.’
‘The second accusation was, That my lord of Orleans favoured the schism in the church, by affording aid to Pietro della Luna, formerly called Pope Benedict, and was consequently guilty of high treason in the second degree. In reply, I say, that my lord of Orleans gave no aid nor showed any favour, but with the laudable end of making an honourable peace in the church, and particularly when he considered Benedict as the true pope. It is well known, that our obedience to the church would have been brought about more to our honour if Pietro della Luna had done his duty, by yielding up his claims, for the union of the church, than by violently supporting them. My lord of Orleans may have said, it will be better to wait a little, for the above Pietro to send in his cession, than by hurrying make affairs worse. In this there could not be any evil intentions; for it is a fact, that he was anxious for the union of the church, and believed firmly that Pietro della Luna was willing to abdicate his claims, whenever the roman pontiff should be ready to do the same.
‘Many are now living who have heard the duke swear, that if he knew Pietro della Luna was unwilling to yield up his pretensions, when the other pope should resign his, he would be the bitterest enemy he had in the world; and should it be thought necessary, they are ready to prove it. Now let us consider what advantage the division of the church could be of to him. He was wise enough to see all the evils that flowed from it, and not so weak as to found confidence on a man so old as Pietro della Luna. He knew, besides, that by the union of the church more spiritual and temporal advantages would fall to the share of himself and friends, without comparison, than if the schism were continued.
‘To show more evidently the earnest desire my lord of Orleans had for an union of the church, I will mention a proposal which he made to the university of Paris three weeks before his death. When he perceived that the roman pontiff would neither come to Genoa nor Savoy, nor accept as hostages those who had been presented to him by the mareschal de Boucicaut, and that nothing else prevented the union of the church, for Pietro della Luna was ready to go to either of these places, he addressed the following speech to the members of the university: ‘O rector, and you all my good friends! see I pray ye that we may shortly, through the grace of God, restore peace to the church, and may give satisfactory security, that the roman pope may come to Genoa. I have offered him the choice of one of my sons, as his hostage, and am ready to send him, at my own expense, to Venice, or elsewhere. Write, therefore, such letters as you shall think proper to him, and I will sign them. Tell what I have said to the whole university, and bring me their opinions on it.’
‘The heads of the university thanked him very warmly for his offer,—adding, that he could not make a more generous proposal, and that he had demonstrated by it the affection he bore to the church. There are persons still living whom he had ordered to go to Rome and Venice to give notice of the offer he had made. Now, my lords, could he have done more than to give his own flesh and blood for an hostage? And our witnesses of this act are neither weak nor ignorant persons, but doctors and professors of theology.
‘O, duke of Burgundy! this will show to thee how false has been thy accusation; and on this charge thou oughtest to have been silent, knowing as thou must how anxious thou wert to acquire the friendship of Pietro della Luna. At the time when Pietro was in the greatest disgrace, thou didst write and send to him to obtain bishopricks and other preferments for thy dependants; and thy messengers were not pages nor common persons, but the guardian of thy soul, namely, thy confessor, that he might the more clearly and securely explain thy meaning.
‘It was also said, that my lord of Orleans consented to the malicious excommunication sent by Pietro della Luna to induce the king to continue his obedience to him. Now it is quite clear that this wicked excommunication carries no effect against Pietro della Luna, except in case the king should become disobedient, and that he had given his consent to the said excommunication, which, as has been said, was to have no effect, except in case of renunciation of allegiance or disobedience. It is certain that Pietro della Luna was of a temper obstinate enough to do such things, and that he acted thus without consulting any one, and as certain that my lord of Orleans was unfavourable to this act,—for it was not put in force until after his death.
‘Weigh, at the same time, my lords, the misconduct of our adversary, and the innocence of the duke of Orleans, who may say with the Psalmist, ‘Os peccatoris et os dolosi super me apertum est, locuti sunt adversum me lingua dolosa, et sermonibus odii circumdederunt me.’
‘The third charge of our adversary is, that my late lord of Orleans practised different means to cause the death of his prince and lord, the king of France: first, as it is said, by sorceries, witchcrafts and superstitions;—secondly, by poisons;—thirdly, by fire, water, or other violent injections, which consequently inculpates my lord of Orleans in the crime of human high treason, in the person of the king our lord.