Saturday, August 07, 2004

HYW(Duncan2): Papal Finding on Amiens Incident


Below is the finding of Papal Court in connection with the Amiens Incident. (The italics within the letter is original.)

From Dominicus Linus Apullianus, canan lawyer of the Papal court, Nuncio to the court of Naples, and Professor of Law at Salerno, to Eduardo III, re di Inghilterra, I send Greetings

Your Highness, I hear the following words reportedly spoken by your envoys in courts of Europe: "Please, I beg of you, show where Lords must sign our treaty in order for our protection?" And I now proceed to explain to you a most basic and elementary proposition to law, agreements are only made between people. Had the Turk landed at France would the re di Francia been bound not to defend himself? Once the truce of Esplechin was signed, the Papal Chancery was deluged by clarifications. "Were sieges of disputed fiefs forbid under the truce?" The reponse of the Papal Chancery was that the treaty was an agreement between soveriegn powers and their followers which touched upon the war currently being fought over the succession of France.

YOur Highness, Eduardo, inquires whether the treaty did not also cover Bretagne, Majorca, Navarre, or Arles were covered by the agreement. Certainly they were not. No document claiming to be binding without the participation of all the relevant soveriegn powers. Since they were not signatories they were not a part of the truce. However, I feel I must stipulate the obvious, that France being not at war with these realms did not need a years truce to perpetuate that peace.

His Highness, Filippio VI, did proclaim an edict that can be said to be unclear. It had the tone and tennor of a universal decree. Suppose as a hypothetical case that it were, it then exceeded the truce proclaimed and was no more than a self-denying statement, and subject only to the will of Filippio. If his servant did not follow his instructions that is a matter between servant and master, and touches not upon the law.

What of the case where Filippio's meaning was not universal. Instead then it should mean that aside from the truce there would be no other fighting because there were no other wars. This is most likely the re di Francia's meaning.

So that leads us to the action of the comte de Grand Pre, Marechal de France. This requires a distinction between the two laws at play here. On the one hand their is the Papal Bull of October 9, 1341, which forbid interfearance with the Crusades, but that does not apply. This is the observation made by the young Philippe, comte de Bourgogne. Since David d'Eccose did not declare an intention to pursue the Crusade, he might have been understood to be fair game. And under the Papal Bull, he would have been. However the truce of Esplechin was broader. It covered all of the participants of the war of French succession, although it was signed only by envoys of Filippio, Eduardo, and Luigi who, confusingly were not all participants in the war. Scotland was represnted by the English envoy at Esplechin. France understood Scotland to be covered by the treaty, which is one of the reasons that France issued such a broad edict as she did. It may not have been widely known in France that Scotland was included, since Scotland took no public action in support of the Truce, unless France made specific instructions in a more private fashion.

As such, we find that the re di Francia has called for the return of the fief, the release of David d'Eccose, and left open other compensations. As such Filippio has taken full responsibility for the actions of the Marechal, and so it lies for the comte de Grand Pre to do as the re has commanded him. The comte's failure to follow the commands of his soveriegn is between the master and the servant. Filippio has taken the actions neccesary for now. Since Filippio is with the Crusading Army, he remains unable to effect action immediatly being at both a great distance and preoccupied. So it falls upon Filippio to take action after the Crusade to make right, according to the spirit of the treaty.

If the fief be returned and Scotland freed, and Grand Pre punished, we find that all was done as best as could be under the spirit of the Truce.

Dominicus Linus Apullianus,
canan lawyer of the Papal court,
Nuncio to the court of Naples,
Professor of Law at Salerno

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