Α.π. 1210.] CIIAROns AGAINST ΤΗΚ KING. ζω pope said, " Many emperors and princes, and even French kings, an1 reported by history to have slain many innocent persons, yet wc do not read that any one of these was condemned to death ; and when Arthur was imprisoned at Mirchcnu, not as au innocent person, but as being guilt v. and a traitor to his lord and uncle, to whom ho had done homage and sworn allegiance, he could lawfully he condemned to the most disgraceful death without anv trial. The second charge made by the above against king John. The second charge against the king was, that, though often Mimmtned, he did not appear in person to take hi.s trial, and sent no one to answer for him in the court of France. To this charge the pope replied, that, if the king of Kngland had been so contumacious as not to appear or send when summoned, no one ought or could be punished with death on account of contnmaciousness ; therefore the barons of l-Yance could not condemn him to death, but could punish hiin in another way, namely, by depriving him of his fee. The messengers to tliis mad*' answer, ·· It is the enfi» ami in peace.' The bishop then said/ And may he return ! my lord.' The king replied, ' Ye s if the judgments of his peers alh-wa of it.' And when all the messengers licked of him that John might have safe conduct tn and from his court, Philip became enraged, and replied with his usual o;ith, ' lly the saints of France, not unless by the judgment of hi* peers*,1 The hishop then spoke of the dangers which might happen through h!s going to the French king's court, and said, * My lord kin}*, the duke of Normandy could not come to your court unless the king of Kngland also came, since the duke and the king arc the same person, and this the harons of England would not allow, even though the king himself wished tu come ; for there would be imminent danger, as you know, of his being made prisoner or being killed.' To this the king replied, 'And what »-f this, my lord hi.shop Ï It is well known that the duke of Normandy, who is my tenant, gaimd possession of Kngland by force, and if am thing accrues to a subject, docs the superior lord thereby lose his rights I Nut so.' The messenger then being unable to make any reasonable reply to this, returned to the king of Kngland, and told him nil that had passai. The king, however, would not trust to chance, or to the judgment "f the French, who did not like him ; especially as he feared that he would be accused of the shameful murder of Arthur, as says Horace, * All the foot-marks led to the lion's cave, but none led back again.' The Fri-neh nobles, however, proceeded to trial, which they ought not to have dine by rights; and by their judgment John was condemned when alèsent, though he would have appeared if he could. Wherefore, as king John waa condemned by les civnii^s, he was not properly condemned. VOL. II. Β Β