The care, the order and vigilancy, with which he was guarded, did put him in some amazement; for his Guards waited on him without Arms, and served him with a Knife without a point, which made him say, that it was the way to the Grave (the place of Execution.) But when he knew that the Hangman of Paris was a Burgundian, he remembred that La Brosse an Astrologer had foretold him sometimes, seeing his Horoscope, which he fained to be that of one of his friends, that he should be beheaded, and Cæsar a Magician, that a blow of a Burgundian given behind; should hinder him to attain the Kingdom.
The Arch-Bishop of Bourges went to see him, and endeavoured to settle his Conscience, and to disswade him from some Atheistical opinions that he had: Villeroy and Sillery went also to see him, and by the Kings Command, and at his request.
Few days after, the King being at St. Mourder, Fossez, the Lords la Force, the Earl of Roussy, Brother in Law to the Duke of Biron, Saint Blancard his Brother, Chasteau-neuf, Themines, Salignac, St. Angel, Longuac, Friends and Kinsmen of the Duke of Biron, went and cast themselves at the Kings feet, to implore his Mercy, and that he would be pleased to moderate the severity of his Justice, requesting that the same clemency which he had shewed to many others that had as grievously offended him, would at least save his life, and confine him into such a place, where he might do no harm, that their whole Kindred might not be branded with Infamy, and have a regard to his Fathers service and his, which though they were not equal to his offence, yet at least to consider, that he was only guilty for his intention.
The King bid them rise, and told them, that their requests were not displeasing to him. That he would not be like his Predecessors, who would not suffer any body to intercede for those that were guilty of high Treason. The King Francis II. would never give a hearing to the Wife of the Prince of Condé my Uncle. Concerning the clemency you would have me shew to the Duke of Biron; it should not be clemency but cruelty, if it were only my particular Interest, I would forgive him, as I do now with all my heart; but my Kingdom and my Children, to whom I owe much, are concerned in it; or they might reproach me hence forwards, that I have tollerated an evil which I might have prevented; my Life, that of my Children, and the preservation of my Kingdom, are concerned in it. I will leave it to the course of Justice, you shall see what Judgement shall be given: I will contribute what I can to his Innocency, I give you leave to do the same till he be found guilty of high Treason; for then the Father cannot intercede for the Son, nor the Son for the Father; the Wife for the Husband, nor the Brother for the Brother. Do not become odious to me for the love you bear him: As for the note of Infamy, there is none but himself. Have the Constable of St. Paul, from whom I derive my Pedigree, and the Duke of Nemours, of who I am Heir (both beheaded) left any note of Infamy upon their Posterity, should not the Prince of Condé my Uncle have been beheaded the next day, if King Francis the II. had not dyed? Therefore ye that are Kinsmen to the Duke of Biron, cannot be noted with Infamy, if you continue in your faithfulness, as (I assure my self) you will. And I am so far from depriving you of your Offices, that if any new one should fall, I would bestow them upon you: I am more sorry for his fault than you can be; but to conspire against me that am his King and Benefactor, is a crime that I cannot forgive, without losing my self, my Wife, my Son, and my Estate, I know you to be so good French men, that you would not have the last, and shall take Patience for the first. Thus the King dismissed him, and sent his Commission to the Court of Parliament, to decide the business. The Process was framed in the Bastille, by the Lords of Achilles de Harlay, first President in the Court of Parliament of Paris, Nicolas Potier second President, Stephen Fleury, and Philibert of Thurin, Councellors in the same Court. They asked him if he did not write in Cyphers, he denyed it, then were shewed unto him several Letters, written and sealed with his own hand, which did witness his Intelligences with the Spaniard and the Duke of Savoy, and contained advices that he gave of the wants that were in the Kings Army; How little Money he had to maintain the War, and to satisfie the Suitzers of the discontent of the French Nobility, and how several French Troops might easily be defeated, and that to divert the Kings forces it was necessary to invade Provence, and did much press upon the 50000. Crowns, and the 4000 men promised or else said, all is lost. Some of these things he confessed, and did so intangle and contradict himself, that the Commissioners had pity on his indiscretion.
He was asked what opinion he had of La Fin, he said he took him for an honest Gentleman, his Friend and Kinsman, his Evidences being read to him, and himself brought face to face, he did with the most horrid Imprecations and Blasphemies in the World deny them, and charged La Fin with the most horrid Crimes that can be Imagined, calling still God for a Witness of his Innocency; La Fin stood firm in the confirming of his Evidence, and did more particularly declare the whole conspiracy. The Duke answered, that if Renazé were there he would tell the contrary, Renazé, who had a little while before escaped his Prison in Piemont, was brought before him, and confirmed all what La Fin had said.
Next to that was brought one of the Kings waiting men, who witnessed, that having lyen in his Chamber by the Kings command, the first night of his Imprisonment he had adjured him, by several offers and promises of rewards, to give notice to his Secretaries to be out of the way for some days, and to tell the Earl of Roussy his Brother in Law, that he should send presently to Dijon, to give the same advice to those that were left there, and above all that if they were examined; they should all constantly deny that ever he did write in Cyphers.
Thus the business having been thorowly examined, it remained only to proceed unto Judgment; but the Prisoner being a Peer of France, (the King having erected the Barony of Biron into a Dukedom) by the Laws the Prisoner could not be judged, but by his Peers, which being summoned, and not appearing, the Court of Parliament being authorised by the Kings Commission, proceeded to Judgement.
The 23 of July 1602. the Chancellor, with the Maisses and Pontcarré, Privy Councellors, went to the Parliament, where all the Chambers were assembled together. There he made known the Kings intention, in a business, wherein the good of the Kingdom was so much concerned, and represented on one part the quality of a Person, commendable for his services; but on the other, the foulness of the Crime, for the Judgement of which the King did rely upon the integrity and prudence of the Court. The Kings Attorney, and Soliciter, having represented to the Court, that the Peers summoned, gave no appearance, and that the Prisoners petition (who asked for Councel), was not to be received. The Court proceeded to examine the Evidences, whereupon they sat three times, after which the Prisoner was brought from the Bastille, by Montigny Governour of Paris, and Vitry, Captain of the Kings Guards, in a close Barge, covered with Tapistry, and followed by two other Barges full of Souldiers, and Switzers. He entred into the Palace, through the Garden of the first President, and rested himself in one of the Chambers, where he was offered a Breakfast.
The time being come, he was to be heard, the Recorder went and called him into the Guild-hall, where when he saw one Hundred and twelve Judges before his face, he was some thing daunted, and was made to sit within the Bar upon a joint stool; where he sat in such a posture, as stretching forth his right foot, and having his Cloak under his arm, and his left hand upon his side, he kept the right one free, either to stretch it forth to Heaven, or to smite his brest, when occasion served. The Chancellor did so frame his discourse, that he never named him by his name, nor that of his qualities.
Of many evidences there was five chiefly urged against him.