Seven witnesses were heard; namely, Toutmouillé, de la Pierre, Ladvenu, and Duval,—all Dominicans of Saint Jacques, Rouen; the Notary Manchon, the Usher Massieu, and Beaupère, one of the chief Examiners. But the Court took no further interest in the matter; and, although in the opinion of several legal authorities consulted by De Bouillé, the Process of Condemnation was held as null and void, the proceedings were carried no further: the Enquiry was forwarded to the King and Council, and the whole question once more fell into abeyance.
Two years later, the Cardinal-Bishop of Digne, Guillaume d’Estouteville, Legate in France for Pope Nicholas V. took up the Enquiry, at the formal request of Isabel d’Arc, mother of the Maid, who claimed, on Civil as well as on Ecclesiastical authority, the rehabilitation of her daughter, and the restoration of the family to the position they had lost by the imputation of heresy cast on them in the person of one of their number.
The failure of the former Enquiry was due, in great part, to the fear of arousing the hostility of the English, and also of meeting with opposition from the Ecclesiastical authorities, by bringing forward an action instituted by the Sovereign against proceedings which had received the unquestioned sanction of the Holy Office and the University of Paris, and which were also guaranteed by the protection of the English King. The expedient of shifting the entire responsibility on to the shoulders of the d’Arc family obviated these difficulties, and enabled the Case to be taken as a purely private one, an appeal against a judgment given on false premisses. The reversal of this verdict could offend no one, as the action was brought against Defendants none of whom were living to meet the charge, and who could therefore be represented only by their titular legal successors. Their innocence in the whole matter made the case a perfectly harmless one—a legal fiction which might satisfy many and could injure none.
The first act of the Cardinal d’Estouteville was to associate with himself the Prior of the Convent of the Jacobins at Paris, Jean Bréhal, Inquisitor of France; and, together, they proceeded to an Enquiry at Rouen in April, 1452, at which witnesses to the number of twenty-one, including some of those heard in 1450, gave their evidence. The Cardinal being obliged by his duties to leave Rouen, the Enquiry was left in the hands of Bréhal and of Philippe la Rose, the Treasurer of the Cathedral. There were still difficulties in the way. The Pope feared to wound English susceptibilities; and, in spite of the efforts of the Cardinal and of the petition presented to Rome by Isabel d’Arc and her two sons, the proceeding languished; and three more years passed without any definite step being taken.
In 1455, however, the Pope Nicholas V. died, and his successor Calixtus III. [Borgia], less timorous, acceded to the request of the d’Arc family, granting a Rescript authorizing the process of revision, and appointing as delegates for the Trial the Archbishop of Rheims (Jean Jouvenal des Ursins), the Bishop of Paris (Guillaume Chartier), and the Bishop of Coutances (Richard de Longueil), who afterwards associated with themselves the Inquisitor, Jean Bréhal.
The Case was solemnly opened on November 7th, 1455, in the Church of Notre Dame at Paris, when the mother and brothers of the Maid came before the Court to present their humble petition for a revision of her sentence, demanding only “the triumph of truth and justice.” The Court heard the request with some emotion. When Isabel d’Arc threw herself at the feet of the Commissioners, shewing the Papal Rescript and weeping aloud, while her Advocate, Pierre Maugier, and his assistants prayed for justice for her and for the memory of her martyred daughter, so many of those present joined aloud in the petition, that at last, we are told, it seemed that one great cry for justice broke from the multitude.
The Commissioners formally received the petition, and appointed November 17th, ten days later, for its consideration, warning the Petitioners of the possible danger of a confirmation of the previous Trial, instead of the reversal they looked for, but promising careful consideration of the Case should they persist in their appeal.
On November 17th the Court met a second time at Notre Dame; the Papal Rescript was solemnly read, and the Advocate for the Petitioners brought his formal accusation against the Judges and Promoter of the late Trial—none of whom, as has been said, were then alive—carefully excluding the Assessors concerned in the case, who, he said, were led to wrong conclusions by false deductions. At the close of the Advocate’s address, the Archbishop of Rheims and the Bishop of Paris declared themselves ready to act as Judges in the Appeal Case, in conjunction with the Inquisitor Bréhal, appointing the following December 12th for the inaugural sitting, and citing all those concerned in this Case to appear before them on that day.
The Trial opened on December 12th. The family of d’Arc were represented by the Procurator, Guillaume Prévosteau, who had formerly been appointed Promoter in the case instituted by Cardinal d’Estouteville: but the Plaintiffs alone were represented, no one appearing to answer for either of the accused Judges nor for the Promoter d’Estivet. The Case was adjourned until December 15th, in order that Advocates for the Defendants might be summoned to appear.
The Court met accordingly on the 15th December; but, in spite of mandates and citations placed on Church-doors and other public places, no one was found to come forward as representatives of the accused; and a further delay of five days was therefore granted. At the same time, the Commissioners formally constituted the Tribunal and appointed their Officers: Simon Chapitault as Promoter or Advocate-General, Ferrebouc and Lecomte as Registrars for the Court. The Registrars of the former Trial, being present, were asked if they wished in any way to defend the Process in which they had been concerned; but, on their replying in the negative, they were requested to lay before the Court any documents relating to the previous Trial which they might have in their possession. By this means the Commissioners were enabled to have before them the actual Minute of the Trial of 1431, written in Manchon’s own hand and presented by him, and also to obtain his formal attestation of the authenticity of the Official Procès-Verbal, upon which their further enquiries were to be based.