so euer were the writers therof, he beleueth them verely not to haue erred. But as touchyng all other mens writinges, were they neuer so holy men or learned, he doth not beleue them therfore, because they so saye, but in that respect as they doe agree with the canonicall Scripture, whiche can not erre.

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MarginaliaClem. De pœnit. et remiß. C. Abusionibus.Item, he alleged the place of the Canon law: Clem. de Pœnit. & remis. C. Abusionibus. Wherein hee proued, that these pardonsellers, in their settyng forth of the Popes indulgences, ought to go no farther by the law, then is enioyned them within the letters of their commission.

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And in þ^e latter part of his aunswere, thus Luther writeth to the reader, Let opinions (sayth he) remaine opinions, so they be not yokes to the Christians. Let vs not make mens opinions equall with the Articles of faith, and to the decrees of Christ, and Paul. Moreouer I am ashamed (quod he) to heare the cõmon saying of these diuine scholedoctours, who holdyng one thyng in the scholes, and thinkyng otherwise in their owne iudgement, thus are wonte, secretly among thē selues, and with their priuey frendes, talkyng together, to saye: MarginaliaEx Palaipomenis Abba. Vrsperg.Thus we do holde, and thus would I say, beyng in the scholes, but yet (bee it spoken here amongest vs) it can not bee so proued by the holy Scripture. &c. Ex Paralip. Abb. Vrsperg.

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MarginaliaEckius wryteth agaynst Luther.Next after this Siluester, stept forth Eckius, and impugned the conclusions of Luther. MarginaliaD. Andræas aunswereth for Luther.Agaynst whom encoūtered D. Andræas Bedenstein,  

Archdeacon of Wyttenberge, makyng his Apologie in defense of Luther.

Then was Martin Luther cited, the vij. of August, by one Hieronimus B. of Ascalon,  

to appeare at Rome. About whiche tyme Thomas Caietanus Cardinall, the Popes Legate, was then leiger at the Citie of Augusta, who before had bene sent downe in Commission, with certein mandates from Pope Leo, vnto that Citie. MarginaliaThe Vniuersitie of Wittenberge wryteth to the Pope for Luther.The Vniuersitie of Wyttenberge vnderstanding of Luthers citation, eftsones directed vp their letters, with their publique seale to the Pope, in Luthers behalfe. Also an other letter they sent to Carolus Miltitius the Popes Chamberlaine beyng a Germaine borne. Furthermore good Fridericke ceased not for his part, to solicitate þ^e matter with his letters and earnest suyte, with Cardinall Caietanus, that þ^e cause of Luther might bee freed frõ Rome, and remoued to Augusta, in the hearyng of the Cardinall.   Caietanus at the suyte of the Duke, wrote vnto the Pope, from whom he receaued this aunswere agayne, the xxiij. of the foresayd moneth of August: MarginaliaThe popes charge to hys Legate against M. Luther.that he had cited Luther, to appeare personally before him at Rome, by Hieronymus Byshop of Ascalon, Auditour of the chamber: whiche Byshop diligently had done, that was commaunded him, but Luther abusing and contemning þ^e gentlenes offered, did refuse not only to come, but also became more bold & stubborne, continuing or rather encreasing in his former heresie, as by his writings dyd appeare: Wherfore he would þ^t the sayd Cardinall should cite & call vp þ^e said Luther to appeare at þ^e citie of Augusta before hym, adioinyng withall, þ^e ayde of þ^e Princes of Germanie & of the Emperour, if neede required: so that when the said Luther should appeare, he should lay hand vpõ him & cõmit hym to safe custody, & after he should be brought vp to Rome: and if he perceaued him to come to any knowledge or amendement of his fault, he should release hym, & restore hym to the Churche againe, or els he shoulde be interdicte, with all other his adherentes, abetters, & mainteiners, of what soeuer estate or condition they were, whether they were Dukes, Marqueses, Earles, Barons. &c. Agaynst all whiche persons and degrees, he wylled hym to extend the same curse and malediciton (onely the person of the Emperour excepted) interdictyng by the censure of the Churche, all such landes, Lordshyps, townes, tenementes, villages, as shoulde minister any harbour to the sayd Luther, and were not obedient to the sea of Rome. Contrarywyse to all such as shewed them selues obedient, he shoulde promise full remission of all their sinnes. Likewise the Pope directeth other letters also the same time, to Duke Fridericke, cõplaynyng with many greuous wordes, agaynst Luther.

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The Cardinall thus beyng charged with iniunctions from Rome, accordyng to his commission, sendeth with all spede, for Luther to appeare at Augusta before hym.

MarginaliaLuther obedient to the Sea of Rome.About the begynnyng of Octob. Martin Luther yeldyng hys obedience to the Churche of Rome, came to Augusta, at the Cardinals sending (at the charges, of þ^e noble prince Electour) and also with his letters of Commendation, where he remayned iij. dayes before he came to his speach: for so it was prouided by his frendes, that he should not enter talke with the Cardinall, before a sufficient warrant, or safeconducte was obteyned of the Emperour Maximilian. MarginaliaLuther appeareth before Cardinall Caietanus.Which being obteined, eftsones he entred, offeryng him self to the speach of þ^e Cardinall, and was there receaued of the Cardinall very gently: who according to the Popes cõmaundement, propounded vnto Martin Luther iij. thinges, or as Sledan sayth, but ij. to wytte:

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MarginaliaThree things put to Luther by þ^e pope.1 That he should repent and reuoke his errours.

2 That he should promise frõ that time forwarde, to refraine from the same.

3 That he should refrayne from all thinges that might, by any meanes, trouble the Churche.

When Martin Luther required to be informed wherin hee had erred, the Legate brought foorth the extrauagantes  

of Clement, which beginneth: vnigenitus. &c. because that hee contrary to that Canon had held and taught in his 58. proposition, that the merites of Christ are not the treasure of indulgences or pardons. Secondly, the Cardinall, contrary to the seuenth proposition of Luther, affirmed that fayth is not necessarie to him that receiueth the Sacrament.

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Furthermore, an other day, in the presēce of iiij. of the Emperours Counsaile, hauyng there a Notary and witnesses present, Luther protested for hym selfe and personally in this maner folowyng:

MarginaliaProtestation of M. Luther before the Cardinall.In primis, I Martin Luther, a Frier Augustine, protest that I do reuerence and folow the Church of Rome in all my sayinges and doinges, present, past, & to come: And if any thing haue bene or shalbe sayd by me to the cõtrary, I count it, and will that it be counted and taken as though it had neuer ben spoken. But because the Cardinall hath required at the commaundement of the Pope iij. thynges of me to be obserued:

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1 That I should returne agayne to the knowledge of my selfe:

2 That I should beware of fallyng into the same agayne here after:

3 That I should promise to abstayne from all thinges whiche might disquiet the Churche of God:

I protest here this day, that what so euer I haue sayd, semeth vnto me to be sounde, true, and Catholicke: Yet for the further profe therof, I do offer my self personally either here or elswhere, publikely to giue a reason of my sayinges. And if this please not the Legate, I am ready also in writyng to aunswere his obiections, if he haue any agaynst me: and touchyng these thynges, to heare the sentence and Iudgement of the Vniuersities of the Empyre, Basil, Friburge, and Louane. Hereof whē they had receiued an aunswere in writyng, they departed.MarginaliaThe aunswere of Luther, with hys propositions, to the Cardinall.

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After this Luther by & by prepareth an aunswere to the Legate, teachyng that the merites of Christ are not committed vnto men: that the Popes voyce is to be heard when he speaketh agreably to þ^e Scriptures: that the Pope may erre: that he ought to be reprehended, Act. 15. Moreouer he shewed þ^t in the matter of fayth, not only þ^e generall Councell, but also euery faithfull Christian is aboue the pope, if he leane to better authoritie & reason: that the Extrauagant conteyneth vntruthes: that it is an infallible veritie, that none is iuste: that it is necessary for him that commeth to the receiuyng of the Sacrament to beleue: that fayth in the absolution and remission of sinnes, is necessarie: that he ought not nor myght not decline from the veritie of the Scripture: that he sought nothyng but the lyght of the truth. &c.

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But the Cardinall would heare no Scriptures: he