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PERGAMINS 1 RAMON BíRtNGUSK H UÍ9 I Masters Essays COA F68 v.62 Pazzaglini, Peter Raymond A Document relating to the Treaty of Troyes 1968 51p. A DOCUMENT RELATING TO THE TREATY OF TROYES Peter Raymond PazzaglinI - Submitted in partial fulfillment of the requirements for the degree of Master of Arts, in the Faculty of Political Science, Columbia University 2 TABLE OF CONTENTS Chapter 1 / Page I. HISTORICAL INTRODUCTION .................................................... 3 II. ANALYSIS OF ARGUMENT ......................................................... 13 BIBLIOGRAPHY ............................................................................ 47 3 CHAPTER I HISTORICAL INTRODUCTION Edited and printed below for the first time is MS Bodley 885, ff- 3Or-31r which forms part of a volume of diplomatic documents donated in 1620 by Sir Peter Manwood to the Bodleian Library at Oxford University. MS Bodley 885 is a Latin frag ment, measuring 11 3/8 x 8 3/^ in. and written on paper in a I cursory fifteenth-century script; it is part of a collection of state papers dealing primarily with claims of English kings to the French throne, the sovereignty and right of appeal in Gascony, and "the principall passage of affaires betwene the two kingdomes of England and France under the „ 1 reigr.es of king Edward the third and king Henry the fift . In the same volume are manuscripts concerned with similar matters und^r Henry VI. The entire register of documents belonged to the estate of Sir Roger Manwood, Judge on the bench of common pleas under Elizabeth I, and father of Sir Peter Manwood (d. 1625), only surviving son and antiquarian. The elder Manwood served on a commission set up by Eliz^b^th 1F. Madan et. al., A Summary Catalogue of Western Manu- scrlpts in the Bodleian Library at OxfordT which have not hitherto been described in the Quarto Series, with reference to- the Oriental and other Manuscripts (Oxford, 1895-1953), vol.ii, part i, pp. 555-55t>. 4 and assembled at Fotheringay on 11 October 1586 to examine the claim that her antagonist, Mary Stuart, Queen of Scots, ’was subject to the canon and civil law, kept and observed through out the world, and not to the common law of England, for "qu'elle estoit regne, nee fille de roy, estrangere, et la 2 'x • proche pare.nte de la Regne d’Angleterre”. It is conceivable that the commission used MS Bodley 885 as part of its study. The issues of crucial importance in Bodley 885 are trusts and legacies, the inheritance of a mother's goods, contracts or agreements of future succession, and the right of a king to make alienations and donations and to deprive the / eldest son of his birthright. MS Bodley 885 is not a fifteenth- century copy of a fourteenth-century text treating Anglo- French relations because the essential issues the fragment incorporates do not correspond to the secret negotiations at Guines (6 April 1354), the first Treaty of London (January, 1358), the second Treaty of London (24 March 1359)> the Treaty of Bretigny (October, 1360), the negotiations at Bruges from 1374s to 1377, or the truce at Leulinghen (18 June 1389) but to the 1420 Treaty of Troyes. Since our fragment is in a volume focussed on the reigns of Edward HI, Henry V, and Henry VT, we can by simple deduction limit our concern to the fifteenth-century by first attempting to delineate thXftbsence of part or all of the above issues in negotiations or treaties "journal de Dominique Bourgoign, medecin de^Marie Stuart" in M.R. Chantelauze, Marie Stuart son proces et son execution (Paris, 1876), pp. 499-500, 504. 5 between England and France under Edward III (I327-I377). At Ghent, on 26 January 1340, Edward III swore before-v the seabini of Ghent, Bruges, and Ypres, the deans of the guilds, the council of Flanders, and the public of Ghent, to maintain and protect their privileges and welfare; on the same day, he definitively assumed the title of king of France\and asserted a claim of particular importance to Anglo-French negotiations in his reign and throughout the Hundred Years War From 134-0 to 1377, no known major diplomatic document yields evidence of a contract guaranteeing Edward or his heirs succession to the French throne or providing any explicit or implicit issue of disinheritance. English plenipotentiaries did receive the power to renounce claims to the French throne during the secret and elaborate negotiations at Guiñes in the spring and early summer of 1354.If, however, any contract or peace was concluded there, it was never ratified. Despite Miss McKisack's belief that Edward showed an inclination to give up his claims in the first Treaty of London of 1358, an examinationsof the text shows that for all of the French con cessions, including suzerainty over Brittany, Edward did not renounce his claim; in any case, the agreement treats no question of future succession or disinheritance.^ In marked » ______________ ~ k 3F. Bock, "Some New Documents Illustrating the Early "• Years of the Hundred Years War 1353-56", Bulletin of the John Rylands Library (1931), vol. xv, p. 73. ^or text see R. Delachenal, Histolre de Charles V (Paris, 1909), vol. ii, pp. 402-4111 See also M. McKisack, The Fourteenth Century (Oxford, 1963), p. 147. 6' contrast, the 1359 Treaty of London contained the stipulation ". et, ceste chose faicte et afermee, renoncera le Ray \ \ \ d'Angleterre au nom, a la couronne, au royaume de France si avaht comme il demcurra au Roy francois parmi ce traictie, et a tout ce qu'il doit renoncer ..." but was rejected by the French estates due to the great territorial concessions in full 5 sovereignty granted therein. What had been article twelve of the Bretigny agreements was ratifie.d at Calais in October, 136c as part of separate and special renunciation clauses in which Edward expressly gave up any claim to the crown of France. Nevertheless, on the pretext of a revolt in Aqui- / tair.e, Edward resumed the title in 1369 and not until the lengthy, little known negotiations at Bruges from 1374 to 1377 did the English offer proposals to re-enact the . 6 provisions approved at Calais but, in reality, without effect. No known compact of future succession or disinheritance came out of the protracted discussions at Bruges, and the delegates parted in mid-January, 1377. Outside of Edward Ill's reign, the only remaining fourteenth-century point of reference for our fragment is the truce at Leulinghen concluded on 18 June 1389. Through the intercession of his councillors, Richard II became the French * king's vassal for Aquitaine in simple homage; there wasno >e . Cosneau, Les Grands Traltes de la Guerre de Cent Ans (Paris, 1889), P- 17. ®E. Perroy (ed), "The Anglo-French Negotiations at Bruges -374-1377", Camden Miscellany (London, 1952), vol. xix, pp. xvi, 1-6B7 mention of any future succession, although Richard still held the title of king of France and eventually married the French — \ princess, Isabella, by proxy on 9 March 1396. In the fifteenth-century, the Lancastrians retained Edward's familiar policy, to obtain with the fortunes of war and negotiation anything from full sovereignty of Gascony to part or all of the Old Plantagenet empire, and by 1420, most of the area north of the Loire was 3,n English hands. Beyond all expectation, the Lancastrians realized in a treaty at Troyes on 21 May 1420 a dynastic settlement unparalleled in previous Anglo-French relations. On the death of the moribund I Charles VI, the realm and crown of France, with all its rights and appurtenances, would devolve on Henry V and his heirs for evermore. As a result of the marriage of his only •unmarried daughter, Catherine, to the English king and the understood disinheritance of the dauphin for his horrible and enormous crimes, Charles VI would during his lifetime address Henry V, now regent of France, as dearest son and heir of France.' -Io speak ill of this accord was made an act of treason. Both the Paris parlement on 6 and 10 December 1420 and the English parliament on 2 May 1421 approved and ratified the Treaty of Troyes sworn to by the oaths of the two kings. With the successive deaths of Henry V and Charles VI t^fYthe end of 1422, Henry Vi's councillors felt he could legally style himself king of England and of France and pursue a ?T. Rymer, Foedera (London, 1729), vol. ix, pp. 895-904, 946-920. ------------ foreign policy determined to a considerable degree by the Troyes arrangement. Eventually, French and English propa gandists would struggle over the validity of this agreement and to part of the story of this struggle the following frag ment belongs. To reiterate, MS Bodley 885 treats all those fundamental issues closely associated with the treaty at Troyes and heatedly debated particularly during Henry Vi's reign. Unless mere theorizing before the actual fact, our fragment was drafted sometime between the period of negotiations leading up to the Treaty of Troyes on 21 May 1420 and 14-53, the end of I the Hundred Years War and in the latter part of Henry Vi’s reign; the total absence of any similar agreement from 1420 to 1453 reasonably limits our point of reference to Troyes. As to purpose, MS Bodley 885 could have emerged to stiffen the resolve of Henry Vi’s subjects In Normandy or in other French lands 'under his control, or to defend the English sing's claims to his own public gradually exasperated under the regency of the Duke of Bedford by increasing military demands. Perhaps the ruptured talks at Arras in September, ’ 8 4435 played a role in the creation of our text: the Duke of Bedford insisted on a peace in accordance with the points outlined at Troyes and that the dauphin, Charles of Valois, should pay Henry VI homage; on the other hand, French, Burgun- ®The July, 1445 Anglo-French negotiations initiated by Margaret of Anjou are another but more remote possibility.