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944 [920]

K. Henry. 8. The history of Merindoll and Cabriers.

brued with bloud, before that he came vnto the prison.

The morow after he was brought before the iudges, in the presence of the bishops, wheras he was examined in this forme as followeth. Hast not thou set forth to sale the Bible and the new Testament in French? The prisoner aunswered, that he had so done. And beyng demaūded whether he vnderstoode or knew not that it was forbidden thorowout all Christendome, to print or sell the bible in any other language, then in Latin:MarginaliaChristian constācie in a good bookeseller. he aunswered, that he knewe the contrary, and that he had sold many Bibles in the Frenche tonge, with the Emperors priuiledge, and many other printed at Lions: also new testaments, imprinted by the kings priuiledge. Furthermore he sayd, that he knew no nation throughout all Christendome, which had not the holy scriptures in their vulgare toung: and afterward with a bolde courage thus he spake vnto them. O you inhabitants of Auinion, are you alone in all Christendome, those men which do despise and abhorre the Testament of the heauenly father? Will you forbidde and hyde that which Iesus Christ hath commaunded to be reuealed and published? Doe you not know that our Lorde Iesus Christ gaue power vnto hys Apostles, to speake all maner of tounges, to this ende, that hys holy Gospell should be taught vnto all creatures, in euery language? And why do you not forbid those bokes and pictures, which are full of filthines and abomination, to moue and stirre vp the people to whoredome, and to vncleannes, and to prouoke gods vengeance and great indignation vpon you all? what greater blasphemy can there be, then to forbid gods most holy bookes which be ordeyned to instruct the ignoraunt, and to reduce and bryng agayne into the way such as are gone astray? What cruelty is this, to take away from the poore sely soules their nourishment and sustenaunce? But my Lordes, you shall geue an heauy accompt, which call swete sower, and sower sweete, which mainteine abhominable and detestable bookes and pictures, and reiect that which is holy.

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Then the bishop of Aix and the other bishops, began to rage, and gnashed their teeth agaynst this poore prisoner. What neede you (said they) any more examination? let him be sent straight vnto the fire, without any more woordes. But the iudge Laberius and certayne others were not of that mynd, neither found they sufficient cause, why to put him to death, but went about to haue him put vnto his fine and to make him confesse and acknowledge the Byshop of Aix and other his companions, to be the true pastors of the Church. But the bookeseller aunswered, that he coulde not doe it wt a good cōscience, for so much as he did see before his eyes, that these bishops mainteyned filthy bookes & abhominable pictures, reiecting and refusing the holy bookes of God, and therfore he iudged them rather to be the Priestes of Bacchus and Venus, then the true pastors of the church of Christ. Wherupon he was immediately condemned to bee burned, and the sentence was executed the very same day:MarginaliaA godly bookeseller with two Bibles about hys necke, burned in Auinion. And for a signe or token of the cause of his condemnation, he caried ij. Bibles hanging about hys necke, the one before and the other behynd hym: but this poore man had also the worde of God in hys hart and in hys mouth, and ceased not continually by the way, vntill that he came to the place of execution, to exhort and monish the people to reade the holy Scriptures: in so much that diuers were therby mooued to seeke after the truth. The Prelates seyng a great dissension amongest the people of Auinion, and that many murmured and grudged against them for the death of this good man, and also for the dishonour which they had done vnto the holy Testament of God, myndyng to put the people in a feare,MarginaliaProclamation agaynst French Bibles. they proceeded the next day to make a proclamation by the sound of a Trompet, thorowout the whole towne and Countie of Venice, that all such as had any bookes in the French tounge intreatyng vpon the holye Scriptures, should bring them forth and deliuer them into the handes of the Commissioners, appoynted for that purpose: contrarywyse, they which had any such bookes founde about them, should be put to death.

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MarginaliaThe Byshop of Aix styrreth vp Cassaneus the President to persecution. Then after that  

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Foxe follows closely here the narrative of events as reported in Crespin [Crespin/Benoit, 1, p. 391] and Pantaleon [fol 123]. 'Venice' ['Venise' or 'Venasque'] is the small town not far from Carpentras from which the Comtat Venaissin had its name, an adjunct of the papal territories of Avignon until 1791.

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these Prelates had taken aduise to raise great persecution in Venice, the Bishop of Aix returned to prosecute the execution of the arrest against Merindol, trauellyng earnestly with the President Cassaneus, to that effect: declaryng vnto him the good will of the Prelates of Auinion and Prouince, and the great affectiō they bare both to hym and his, with many fayre promises, if he would put the Arrest in execution. The President aunswered hym,MarginaliaThe aunswere of Cassaneus to the Byshops for Merindoll. that it was no small matter to put the Arrest of Merindoll in execution. Also that the sayde Arrest was geuen out more to kepe the Lutherans in feare, which were a great number in Prouince, then to execute it in effect, as it was conteined in the sayd Arrest. Moreouer he sayd that the arrest of Merindoll was not definitiue, and that the lawes and statutes of the realme, dyd not permit the execution ther of, without further processe. Then said the Bishop, if there be eyther lawe or statute which doth hinder or let you, we cary in our sleues to dispence therewithall. The President aunswered, it were a great sinne to shed the innocent bloud. Then sayd the Byshop, the bloude of them of Merindoll be vpon vs and vppon our successoures.MarginaliaSanguis eius super nos et super filios nostros Math. 27. Then sayde the Presidēt, I am very wel assured that if the Arrest of Merindoll be put in execution, the kyng wyll not be well pleased to haue such destruction made of hys subiectes. Then sayd the Bishop, although the kyng at the first, do thinke it euyll done, we wyll so bryng it to passe, that within a short space, he shall thinke it well done: For we haue the Cardinals on our side, and specially the most reuerent Cardinall of Tournon,  
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The ecclesiastical and political significance of Cardinal François de Tournon (1489-1562), especially in south-east France, was considerable. He had founded the collège de Tournon in 1536 and increasingly devoted himself to the prosecution of heresy in the region, especially after 1547.

MarginaliaThe Cardinall of Tournon the organe of Antichrist. the which wyll take vppon hym the defence of our cause, and we can do hym no greater pleasure, then vtterly to roote out these Lutheranes: so that if we haue any neede of his counsaile or ayde, we shall be well assured of hym: And is not he the principall, the most excellent & prudent aduersary of these Lutheranes, which is in all Christendome?

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By thys and such other lyke talke, the Byshop of Aix persuaded the President and Councellours of the Court of Parliament, to put the sayd Arrest in execution, andMarginaliaThe Popes army setteth forward toward Merindoll. by thys meanes, thorow the authoritie of the sayd Court, the drumme was sounded thorowout all Prouince. the Captaines were prepared with their Ensignes displaid, and a great number of footemen and horsemen, beganne to set forward and marched out of the towne of Aix, in order of battell, well horsed and furnished agaynst Merindoll, to execute the Arrest. The inhabitantes of Merindoll beyng aduertised hereof, and seyng nothyng but present death to be at hand, with great lamentation, commended thē selues and their cause vnto God by prayer, makyng them selues redy to be murdered & slayn as shepe led vnto the butchery.

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Whiles they were in this greuous distresse pitiously mournyng and lamentyng together, the father with thee sonne, the daughter with thee mother, thee wife with the husband, sodenly there was newes brought vnto them.MarginaliaThe army againe retyred by the meanes of the Lord of Alenc. þt the army was retired, and no man knew at that time, how or by what meanes: notwithstandyng afterward it was knowen, that the Lord of Alenc, a wise man and learned in the Scriptures and in the Ciuill law, being moued with great zeale and loue of iustice, declared vnto the President Chassanee, that he ought not so to procede agaynst the inhabitantes of Merindoll by way of force of armes, contrarye to all forme and order of iustice, without iudgement or condemnation, or without makyng any difference betwene the giltie and the vngiltie.  

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In this encounter, Jacques Reynaud, sieur d'Aillens reminded Bartholomé Chassanée, premier president of the Parlement of Aix-en-Provence that the protestants were just as entitled to legal representation as the rats which Chassenée had stood counsel for in 1521. The affair was recounted by Chassanée in his famous, and beautifully-illustrated Catalogue gloriae mundi, printed at Lyon in 1528. It was a well-publicised case which somewhat made his legal reputation. The possibility for prosecuting animals had long existed in France, especially before ecclesiastical courts. The rats were accused of stealing the grain of the bishop of Autun ('Authun') and were likely to be excommunicated. Chassanée successfully defended them on the grounds that their failure to appear before the court was because the summons had only been issued to some of the rats of the diocese, whereas (in reality) all of them were implicated in the affair. The court decided that the summons had to be reformulated. When they failed to appear a second time, Chassanée argued that his clients could not attend the court because they were otherwise engaged in the preparation of a great migration. In the final hearing, he pleaded that the rats were in fear of their lives and the courtroom was not a safe place for them. They legitimately could not be expected to attend the hearing. The case was postponed sine die. Chassanée went on to produce a learned treatise dealing with all aspects of the legal prosecution and defence of animals (Consilium primum….de excommunicatione animalium, insectorum (1531). The bailliage ('bailiwyke') of 'Laussois' is 'l'Auxois', the country around Auxerre in Burgundy.

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And furthermore he sayd, I desire you my Lord President, call to remembraunce þe counsell which you haue written in your booke, entituled Catalogus gloriæ mundi, in the which booke you haue intreated and brought forth the processes which were holden against the Rats, by the officers of the Court and iurisdiction of þe Byshop of Authun,MarginaliaA story of excommunicatyng the Rattes for eating vp the corne. For as it happened, there was almost throughout all the bailiwyke of Laussois, such a great nūber of Rats. that they destroyed and deuoured all the corne of the countrey, Wherupon they tooke counsell to send vnto the Byshop of Authuns Officiall, for to haue thee Rats excommunicate. Wherupon it was ordeined and decreed by the sayd Officiall, after he had heard þe playntife of the procurator fiscall, that before he would procede to excommunication, they should haue admonition, and warnyng, accordyng to the order of iustice. For this cause it was ordeined, that by the sound of a trompet, and open proclamation made throughout all the stretes of the towne of Authun, the Rats should be cited to appeare within iij. dayes: and if they did not appeare, then to procede agaynst them.

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The three dayes were passed, and the Procurator came into the Court against the rats, and for lacke of appearāce, obteyned default: by vertue wherof he required that they would proceede to the excommunication. Wherupon it was iudicially acknowleged, that the sayd Rats beyng absent, should haue their Aduocate appointed them to heare theyr defence, for so much as þe questiō was for the whole destruction and banishing of the said Rats.MarginaliaThe President Chassanee chosen Aduocat for the Rats. And you my Lorde President beyng at that tyme the kinges Aduocate at Authun, were then chosen to be the Aduocate to defend the Rattes. And hauing taken the charge vpon you in pleading þe matter, it was by you there declared that the citation was of no effect, for certaine causes and reasons by you there alledged. Then was it decreed that the said Rats should be once again cited, throughout the parishes wheras they were. Thē after the citations were duely serued, the Procurator came againe into the court as before, and there it was alleaged by you my Lord President, how that the terme of appearaunce geuen vnto the rats was to shorte, and that there were so many cats in euery towne and village as they should passe thorow, that they had iust cause to be absent.

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Wher-