On May 9th, the preliminaries were declared over and the trial began before a tribunal whose composition is not perfectly well known, but which certainly included delegates from the chief cities of the landgraviate, and from Strasburg, Basel, and Berne.[9]
The trial was practically lynch law in spite of the cloak of legality thrown over it. Charles alone was Hagenbach's principal and he alone was responsible for his lieutenant's acts. The intrinsic incompetence of the court was hotly urged by Jean Irma of Basel, Hagenbach's self-appointed advocate, but his defence was rejected. Public opinion insisted upon extreme measures, and the sentence of capital punishment was promptly followed by execution.
Petitions from the prisoner that he might die by the sword and be permitted to bequeath a portion of his property to the church of St. Étienne at Brisac were granted. The remainder of his wealth was confiscated by Sigismund, who had withdrawn to Fribourg during the progress of the trial. Even Hagenbach's bitterest foes acknowledged that the late governor made a dignified and Christian exit from the life he had not graced.
Charles is said to have beaten well the messenger who brought him the news of this trial and execution, in the very presence of Sigismund who had not yet bought back his rights in the landgraviate, where he had appointed Oswald von Thierstein as governor, and where he was thus presuming to use sovereign power. This was not sufficient, however, to make the duke change his own plans. Stephen von Hagenbach was entrusted with the commission of punishing the Alsatians for his brother's ignominious deposition, and he did his task grimly. According to the Strasburg chronicler, this Hagenbach, at the north, and his colleague, the Count of Blamont, at the south, did not have more than six or eight thousand men apiece, but they left Hun-like reputations behind them. Devastation, slaughter, pillage in houses and churches, all in the name of the duke, contributed to the zeal with which the Austrian's return was ratified by popular acclamation, and with which the contingents sent to Alsace by the confederates were received.
Sigismund's letter to Charles is casual in tone and obscure in phraseology. A statement presented somewhat later to the emperor by the Basse Union is more precise in the justification offered for the events and in the grievances rehearsed.[10] That is, Sigismund treats the transaction as a purely financial one, naturally completed between him and his creditor by the offer to liquidate his debt. The plea made by the Alsatians and their friends is, that Charles had failed to keep his solemn engagements and that his appointed lieutenant had been peculiarly odious and had broken the laws of God and man, and that the mercenaries employed by him, the Burgundians, Lombardians, and their fellows, had pitilessly ravaged the county of Ferrette, the Sundgau, and the diocese of Basel. The charges are itemised.[11]
"All this, well-known to the Duke of Burgundy, has neither been checked nor punished by him. In consequence, our gracious Seigneur of Austria has been obliged to restore the land and people to his sovereignty and that of the House of Austria, which he has done with God's aid to prevent the complete annihilation and total destruction of land and people."
Charles did not hasten to Alsace to settle matters in person, but pursued his intention of reducing Cologne to the archbishop's control, undoubtedly thinking that the base which would then be open to the archbishop's protector on the lower Rhine would facilitate his operations in the upper valleys. Meanwhile the Emperor Frederic had emphatically declared that he alone was the Defender of the Diocese, and that the unholy alliance between Robert and Charles was a menace to the empire. His letters to Charles exhorted him to abandon the enterprise and to accept mediation; those to the electors, princes, and cities of the empire urged them to defend Cologne against Burgundy until he himself arrived on the scene. There was a hot correspondence between all parties concerned, from which nothing resulted. Charles had various reasons for delay. There was trouble in other quarters of his domain. Flanders was in a state of ferment at his requisitions for money, and the Franche-Comté was on the point of making active resistance to the imposition of the gabelle.
In view of all these complications, Charles decided to prolong his truce with Louis XI., to May 1, 1475. That monarch was well pleased to continue to pursue his own plans under cover of neutrality. The determination of the anti-Burgundian coalition in Germany to keep Charles within the limits of his own estates was a pleasant sight to the French king, and he felt that he could afford to wait.
In June an edict was sent forth from Luxemburg, forbidding all owing allegiance to the Duke of Burgundy to have any commercial relations with the rebels of Cologne, or of Alsace, or with the cities of the Basse Union, and declaring the duke's intention to take the field at once, to reinstate the archbishop in his rightful see. This was a declaration of war and was speedily followed by the duke's advance to Maestricht, where he spent a few days in July, collecting a force which finally amounted to about twenty thousand men.
On the 29th he sat down before Neuss, which had again emphatically refused entry to him and his troops. Three days the duke gave himself for the reduction of the town, but there he remained encamped for nearly a whole year! Neuss was resolved to resist to the last extremity, while Bonn, Andernach, and Cologne contributed their assistance by worrying and harassing the besiegers to the best of their ability. It was a period when Charles seemed to have only one sure ally, and that was Edward of England, whose own plans were forming for a mighty enterprise—no less than a new invasion of France.