and moue his fellowes also to be carefull for the same he would be glad moreouer to make a present aunswer but there be many others of the same religion who with his father Duke Iohn professed the same doctrine in the assemblie at Auspurge before the Emperour so that he can not aunswere of him selfe alone without making them priuie neither is it expedient for the cause so to doe For better it is that the same be done by comon assent And for as much as the Emperour the byshop the last wynter in their letters wrytten to the states of the Empire from Bononie put them in hope of a counsell therfore did he his fellowes appoint a day the .xxiiij. of Iune to mete at Smalcalde to consult of the whole matter wherfore he desireth thē not to be offended with this differment of time for so sone as his fellowes mete at their day prescribed they shal haue answer either by Ambassadours or by letters shortly after And he wold through Gods grace so demeane him self that not only this present age but also the time to come shold perceiue right wel that he wyshed for nothing more thā that the pure religion doctrine peace not only of Germany but of the whole comon wealth of Christendom might also floriche and that the Emperour his chiefe souereigne might haue his due honour dignitie Afterwarde whan his fellowes were come with good deliberation they framed an answere by commō assent in their letters the last of Iune Howe they gaue great thankes to the Emperour whiche for Gods glory preseruation of the cōmon wealth had taken so muche paynes of a good zeale they doubted not And therfore pray God so to confirme direct his mynde to that ende that the truthe may be set forth and embraced And false doctrine wicked worshipinge rites abolyshed and that all errours being cleane weded out of mens myndes Gods true seruice other godly vertues may agayne take place For they chiefly desire a counsel wherin the matter that is in controuersie may duely and orderly be decided Suche a counsell also the Emperour hath promysed long synce and that in all assemblies of the Empyre with great deberation hath bene decreed to be kepte in Germanye For all this dissention sprange vp fyrste of that welle that certen impudent persones ouermuche extolled indulgences and pardons At whiche tyme also other errours were perceyued and detected And all be it that byshop Leo condempned this doctryne whiche brought those errours to lyghte yet haue they hetherto impugned that condempnatiō with the testimonies of the Prophetes and Apostles And therfore hath a counsell ben alwaye thought moste nedefull as well of other Prynces and states of them wherin the cause myght be examined and openly tryed what is true and what is false for that they sawe howe many thynges were crept into Religion whiche were to be refourmed And therfore in the assemblies of the Empyre it was decreed that there should be a free and a christian counsell eyther of all nations or els of the prouince of Germany by those especiall wordes lest that eyther the sentēce of the byshop or the force and power of any other man should be preiudiciall to the cause Agayne that in all this cause iudgement should be geuen not after the byshoppes decrees and opinions of Scholemen but accordyng vnto holy Scripture For yf any mans power should be of more force than the Scriptures than due examination who doubteth But that he that shoulde contende againste the byshop shoulde lose his labour and stryue agaynste the streame Wherfore not without great considerations it hath been decreed that the counsell should be holden in Germany And the Emperour also content it shoulde so be but nowe these requestes of the bysshop to be vtterly against the decrees of the Empyre confyrmed by the seales of the Emperour and the other Prynces For all be it he speaketh of a free councel yet doubtles he intendeth an other thynge whā he goeth about to haue kynges and Prynces bounden to hym For in case he woulde haue it free what shoulde this obligation nede But nowe seyng that he is wholy bent this waye certenly this is his purpose that vnder the name of a counsell he maye maynteyne his power and aucthoritie that no man shall reprehende his faultes and errours or if any doe atttempte it that he shall not escape vnpunyshed They knowe not what other men wyll doe but surelye this demaunde of his is wrytten in suche sorte that it rather maketh them afrayde of a counsell than prouoketh them to it for who woulde bynde hym selfe after this sorte especially beynge not yet knowen what shall be the ordre of the counsell the fourme and maner whether the byshop wyll haue his adherentes to beare there moste aucthoritie or whether the controuersies shall be determined accordyng to the holy Scriptures or after the traditions and lawes of men grounded vpon no Scripture at all The lybertie of the Counsell is also restrayned in that he wyll haue it kept after the olde accustomed maner They doe not refuse the former counselles that are consonant to the Scryptures but suche as haue bene in our tyme or a lyttle before whiche haue attributed more than reason wold to the byshop of Rome and decrees of men farre differing from the auncient counselles therfore where he sayeth it shall be after the olde accustomed maner this is his crafte and policie that there shall not be that lybertye of speache and geuinge of sentences as they both desyre and also the cause requireth but that iudgement shall be geuen accordynge vnto his lawes and vsurped power whiche he taketh vppon hym as by certen of the last coūselles it is manifest but by this vsage and hadling of matters can neither the churches be pacified nor the troubled conscience quieted but are brought into further darkenes bondage wherfore seing that the bishop hath not as yet satisfied the requestes of the Emperour and states of the Empyre they ernestly desyre that Cesar considering the weightines of the cause whiche concerneth the vniuersall cōmon wealth and all nations would see that the matter might be handled indifferently For this is his office and dutie this may he doe by the lawes When in dede the byshop impugneth the truthe for it is to be forseen and prouided that the plaintife or defendaūt be not also iudge in the cause For all nations haue great hope in this counsell and doe both wyshe and pray that at the laste mens consciences troubled and sore afflicted with doubtfull dissentiō may be made free set at libertie and taught the way of saluatiō For these many hondreth yeares hath not bene so muche contention about so weighty matters as is at thys present And this stryfe aryseth of sondry errours and vices whiche haue spronge longe before our tyme But and if men be disceaued of theyr expectation and shall
church should be refourmed that al superfluous excesse ambition and dishonest examples of liuing shuld be taken away that euery man be resident in his own church and that eche man shuld haue one benefice and no man be permitted to haue mo Furthermore they purposed also to include within certain limites the power of the bishop of Rome not to attribute vnto his court so great authority ouer all realmes These and such other like thinges they comprise by this word of reformation and those thinges they acknowledge to belong proprely vnto them but touching religion doctrin they will be acknowne of none error yea they decreed that counsels could not erre and thought verely that their aduersaries would in fine reuolt and obey the counsel as it apeareth manifestly by an Epistle written to the French king and by the form of the the safeconduit And this thing also increased their hope and opinion for that they iudged few professors of that doctrine least being so many of them dead banished as before is spoken of Sweuia This was also common there amonges them that whatsoeuer concerned religion should within a fewe monethes be determined For of the chief articles ther remained two only the Lordes supper and Matrimony All other articles of doctrine were all ready discussed The fathers that were at Basill did attribute the whole iudgement to holy scripture and to other wrytinges agreable to the same but these men would be iudges them selues in expoundinge the scripture neither woulde they admit that place of the decree of Basill by thambassadors restored but chaunginge the wordes of the decre determined also to follow the traditions of thapostles in euerye doubtfull matter And whansoeuer they were destitute of scripture they bosted that it was so lefte by thapostles and deliuered them as it were from hande to hande as in the disputations of the deuines was oft times noted Which caused also the ambassadors whan they receiued the safeconduit of themperors oratoures at th end of Ianuary to protest that by the traditions of thapostles they vnderstode those wrytinges which were annexed to the newe Testament or story of the foure Euangelistes I shewed you before how the first of Maye was appoynted the daye of session But now the fathers that remained being in dispair of the thing assemble together and for the discord of kinges and princes proroge the counsell for the space of two yeares or longer in case the dissention be not appeased This was the xxix day of Aprill and nowe was the bishop of Rome agreed with the French king A few daies after themperors ambassadors depart thence also But the Legate of Rome Crescētius deteined by sicknesse abode still who being feared by a vision in the night as it is said fel sicke and began to dispair also of his life notwithstanding that both his frends and also the Phisitians did comforte him Neither was he disceiued in his iudgement For the disease increasing he died at Uerona And this was th end of the coūsel which being right stoutly renued thought verely to restore the Romish doctrine and shortly to establishe the same Besides the Legates of Rome and the Cardinall of Trent ther wer presēt lxii bishops wherof viii wer Germanes fiue and twenty Spaniardes two of Sardinia four of Sicilie one of Hōgary the bishop of Agria all the reast were of Italy and diuines there were xlii and of them xix Spaniards of Germany Flaunders xii By what occasion the Legate Crescentius fel sicke I had purposed not to haue spoken for that there was some suspicion it might be deuised of mallice but in as much as his frendes those of his own family which went to comfort him whan he laye sicke do thus report it I thought mete to adde to the same The xxv day of March he had ben very much occupied in wryting letters to the bishop of Rome and continued this trauel til night At the whiche time arising that he might refresh him self behold he saw a greate blacke dogge going with glistring eies and eares hanging down almost to the ground and went straightway to him and after slipt vnder the table He being astonied and amased whan at the lēgth he was cummen againe to him self he calleth vpon his seruaunts that were in the vtter chamber commaunding them to bringe in a light and to beate out this dogge but whan he coulde no where be found neither there nor yet in the next chamber he toke a great thought and fel sicke as I shewed you before When he lay on his death bed also he is reported to haue cried oute manye times to his seruantes that they should driue out the dogge that came vppon his bed The xxiiij Booke of Sleidanes Commentaries concerning the state of Religion and the common Weale during the reigne of the Empyre of Charies the fyfte The Argument of the xxiiij Booke DUke Moris publisheth his letters to all the states of thempire not to hinder his enterprises the same doth Marques Albert. The French kinge also publisheth his and nammge him self Protector of Germany taketh Metz in Lorayne and marcheth vp to Strasborough and from thence retireth to Hagenaw Whither came vnto him sondry ambassadors beseching him to stay his army The king retireth his armye oute of Germany Duke Moris and his company hauing won the straites of thalpes putteth themperor to flighte who a little before had enlarged the Duke of Saxon. After they publishe their letters at Auspurge whereb that they restore the ministers of the Churche that preached the Gospell Whilest Duke Moris wente to Passaw for the treaty of peace Marques Albert practiseth great cruelty againste them of Nurinberge and constraineth them to make theyr peace vnto meaner Princes of the peace sondrys thinges were declared aswell by letters as by ambassadoures and they be pleased with certaine conditions They of Seine do reuolt from themperor who cometh to Strasborough goinge to besiege Metz. HOw in the laste assemble of thempire the gouernment of the warre of Maidenburge was by common assente of the Emperoure and other states committed to Duke Moris I haue before declared during the which warre continuinge the space of one yeare he hauinge the armye at hys commaundemente began to seke meanes howe to deliuer the Lantzgraue his father in lawe seinge he had so longe time sued to themperor for the same matter in vaine Wherefore compelling the Chattes by an othe to be true to him and makinge peace with them of Maidenburge and sendinge his ambassadoures to Insprucke as in the former boke is mentioned he entreth into league with the Frenche kinge and assuraunce made on either side by pledges geuen they thoughte good by wrytinges setforthe to declare the cause of the warre to th entent they might win therby the good wils of many Moreouer the Marques Albert of Brandenburge going priuely into Fraunce to the king withdrewe him self wholy to the same businesse In
him most humblye by theyr letters and alledginge manye teasons that they might he permitted to receiue the whole Supper of the Lorde according to the commaundement and institution of Christe and custome of the primatiue Churche Unto these letters of theyrs the xxiii of Iune the king ausweringe from Uienne I had full little thought saith he that you would haue called in question that proclamation of mine and haue found cauillations therin For I mēt only that my subiectes should perseuer in thauncient and true Religion and obedience of the Catholicke church without the which no man can obtain saluation and that they should receiue this sacrament the chiefest of all others after the law and custome of the church and neither through the corrupt opinions of certain or for curiosity and pride also should swarue from that duty which they both owe to the church and also to the Magistrate This is verely the mind and effect of the same proclamation nether is it any new thing that I commaunded but an old ordinaunce which hath ben brought as it wer by hād vnto my progenitors Emperors kings and Dukes of Austrich and to me also whan I began to gouerne the common wealth was deduced and vnto this time by me diligently as becommeth a Christen Prince obserued and at sondrye times to my people also inioyned that they shoulde remayne in the same Wherfore I supposed that you would not haue attempted any thyng against this my proclamacion which in all other thinges do contende that there should be no alteraciō and that your lawes and liberties myght remaine vnto you whole For certenly that you do is a new deuise and lately of you conceaued by a certayne opinion and now also reasoned at large as though it were lawful for you to iudge of my commaundementes whiche am your chiefe and supreme magistrate or as though the same ought of ryght to be permitted you which certen yeres now diuers of you of your own accord contrary to the lawes of the church and my will haue taken vpon you priuately to vsurpe But because the question is harde ful of difficulty as you also affirme I will doubtles thincke more therupon and whan time is make such answer that it may be well perceiued that I do not tender a little the saluation of my people but in the meane time I loke for al obediēce of you and trust that you wil do nothing against my proclamation Unto this the states afterward answer again by wryting And the same say they that we haue oft times spoken before of our sauiour Christes commaūdement most puissant king we now repete again For he did institute his supper with plain and manifest words that after the same sort that he him self prescribeth it might be receiued of al men nether is it lawfull for any man mortall to alter hys institution It may be proued also that this was the manner of thauncient Churche and the same that is vsed now a daies to haue crept in by little and little For euen the counsel of Constance graunteth that the same was so instituted of Christ Wher therfore thys cōcerneth our saluation certainly neither curiosity nor pride hath moued vs here vnto Wherby we truste the rather that you will refer your consultation to the commaundement of Christ and his Apostles and consent of the primatiue Church and will not that our consciēce shuld be burthened which thing that it might please you to do we besech you for the honor of God and the glorye of his name and for oure own saluation We do acknowledge you and that moste gladlye to be our high Magistrate geuen vs of God and there is nothing in this world but that you both may ought to loke for at our hāds if it lie in vs to do But in this one matter we desire you to be fauorable to vs. In the byshop of Wirciburges dominion ther is an Abbay of Mōkes called Newstat The Abbot therof Ihon Frise after he came in suspition of Lutheranisme the fift day of May he is cited to come the vi day to Wirciburge and to answer vnto certain interrogatories And the questions were these Whether it be lawful to sweare whether anye man be bounden by his othe whether it be lawful to make a vow of Chastity pouerty and obediēce whether such manner of vowes do binde whether becometh better the ministers of the church mariage or singlenesse whether ther be one true and Apostolical church whether the same as the spouse of Christ be continually gouerned by the holy ghost whether she can alwaies discern true and holsom thyngs whether the same by reason of her head Christes vicar be called rightly the church of Rome whether all the bokes of both Testaments that be in the Cannon be lawful and true whether the holy scripture ought to be expounded after the mind of the holy fathers the doctors of the Church counsels and not after thopinion of Luther and others of the lyke sort whether that besides the Scriptures ther is nede also of other traditions as be those of the Apostles and such other like whether the same faith aucthority and obedience oughte to be geuen to the same traditiōs as to the holy scripture whether we ought to obay the ciuill magistrate in politick matters in holy things thecclesiasticall ordinary whether ther be vii sacraments of the Churche whether children oughte to be Christened whether they oughte to Christen in the Latin tounge with Salt Oile Water Charactes and exorcismes whether that by baptisme be cleane putte awaye Originall sinne in such sort that concupiscence which remaineth loseth the name of the same sinne whether the breade be chaunged and consecrated into the body and the wine into the blud of Christ by the vertue of the wordes which the Priest pronounceth whether it do so remaine althoughe it be not by and by receiued whether the Sacrament being after this sort consecrated is to be worshipped whan either it is borne aboute for the honor of Christe or caried vnto sickfolkes or also be reserued in the pix whether Christ is to be worshipped vnder the forme of bread and wine whether Christ be wholly vnderneath either kinde whether the confession of sinnes do prepare a man to the worthy receiuing of the Sacrament whether Masse be a true and continuall sacrifice whether that the Cannon of the masse is to be reteined whether the Sacramēt of confirming is to be vsed whether ther be iii. parts of penaunce contrition confession and satisfaction whether the priest may forgeue his sinnes which hath not before confessed the same whether Priestes onlye haue authoritye of the keyes whether the soules of good men do loue vs whether they pray to God for vs whether we ought to pray vnto Sainctes whether sainets Holy daies oughte to be obserued whether the relikes of Sainctes oughte to be worshipped whether the soules of the godly not yet repurged be relieued
not to enter into any disputation with thee but to treate frēdly with thee and priuatly to admonishe thee touching thine owne profyt For the Emperour hath geuen them leaue so to do And fyrst it may be that counsels haue taught dyuerse thinges but not contrary And albeit they haue erred yet is not theyr authoritie so decaied herby that euery man may treade it vnder foote Thy bokes if it be not well loked to wyll styrre vp greate trouble For many interprete the same which thou hast written of Christen libertie after theyr owne affections to the entent they maye do what they lyste This worlde is nowe more corrupte than it hath bene here tofore And therfore men must worke more warely There be some of thy workes that can not be reproued but it is to be feared lest the Deuill in the meane tyme petswade thee to set forth others agaynste Religion and godlines that so thy bokes may be altogether condemned For those that thou hast set forth last declare ryght well how the tree is to be knowen by the fruites and not by the blosome Thou art not ignoraunt how diligently the Scripture warneth vs to beware of the noone Deuill and the fliynge Arrowe that enemye of mankynde ceaseth not to lye in waite for vs and many times vnder a Godly pretence intrappeth and leadeth vs awaye into errour Therefore thou oughtest to consider bothe thine owne saluation and other mens and it would become thee to foresee lest suche as Christ hath through hys death redemed from death euerlastynge beyng through thy faulte bokes and prechinges seduced from the Churche perishe againe the dignitie of the which Church all men ought to acknowledge reuerently For in all the world is there nothing better thā the obseruation of the lawes And lyke as no cōmō weale consisteth wtout lawes euen so vnlesse the moste holy decrees of our forefathers be reuerently kept there shall be nothing more troublesome than the state of the Church which should be most quiet and stable These noble and vertuouse Princes here present for the singular zeale they beare to the commō weale and for thy cause and wealth also thoughte good to admonisshe thee of all these thinges For doubtles if thou wylte perseuer thus obstinatlye in thine opinion and not relent the Emperour wyll bannishe thee out of the Empire and wyll forbyd thee to haue anye restynge place of Germany to the ende thou maiest the better consyder thine owne state Wherunto Luther replied For this your great good will and gentlenes most noble Princes shewed vnto me I gyue you most hertye thankes for certenlye I am a man of a baser sorte than that it shoulde beseme so noble men to take suche paines for me But as concernynge the Counsels I do not reprehende all but chiefly that of Constaunce and haue iuste cause so to do For Husse defyned the Churche to be the fellowshippe of Gods electe bothe this and that saying of his he beleued the holy Churche they condemned also more worthy them selues to be condemned for he spake bothe truely and like a Christen man Therfore I will suffer any punishement yea spend my life sooner than I will swarue from the manifest worde of God for we muste rather obey God then men touching the offence that connneth by my bookes I neyther can nor ought to eschewe For the offences of Charitie and of faythe differ much wherof that which consisteth in life and maners must in anye wyse be auoyded but thother whiche cleaueth to Godes worde is not to be regarded for the trewth will and commaundemēt of the heauenly father must be accomplished though the whole world should be offended The Scripture calleth Christ himselfe the stone of offence And the same appertayneth also likewise to all suche as preach the Gospell I knowe that we ought to obey lawes and Magistrates and so haue I euermore taught the people also my writinges do sufficiently beare witnes howe muche I do ascribe to the dignitie of the lawes But as touchyng the decrees of the churche there is an other consideration to be had For if Gods word were taught sincerely if the Bishops pastours of the church did their dewtie like as Christ his apostles haue ordeined it nede not to impose vnto mēs mindes consciēces that heauie intollerable burthē of mens traditiōs Moreouer I am ignorāt not how the scripture admonisheth vs to refrain our own affectiōs which thīg is truely spoken I wil be glad to perfourme it neither will I do any thinge obstinately so that I may onely professe the doctrine of the gospel Whan he had sayd thus he was cōmaunded to depart Whan they had consulted of the matter Ueus amonges other thinges began to perswade him to submitte his writynges to the knowledge of the Emperour and the princes content saith he I wil neuer seme to refuse the iudgemēt of Cesar and the states of thempire so it maye be done by Scripture and Gods worde whiche maketh so much for me that vnlesse the same do reproue my errour I can not forsake mine opinion For Paule commaundeth not to beleue an Aungel comming from heauen if he bringe an other doctrine Wherfore he besecheth the Princes that he might kepe a saufe conscience which if by theyr mediation to the Emperour he mighte obtayne he was content to do any thing Then said the Marques of Brādenburge Wilt thou not geue place except thou be conuict by Scripture No in dede saieth Luther or els by manyfest reasons Wherfore when the counsell was broken vp the Archbishoppe of Treuers toke him a parte and began to admonishe him againe but it might not preuaile The next day also he moued him to commit the iudgement vnto Cesar and to the senate of Princes without conditiō But it was in vaine At the after noone the Bishoppe and certeine others required him at the lest to submitte his workes to the nexte generall counsell He agreeth therunto so that the matter be handled by the Aucthoritie of Scripture After this the Archbishop in priuate talke with him alone demaunded of him what remedy would helpe this greuous disease He sayde the best counsell is that Gamaliel in tymes past gaue to the Scribes and Phariseis and not to contende with God In fyne when he coulde not preuaile he letteth him depart gently and sayd he would deuise for him that he should retourne home by saufeconduicte And not longe after commeth Eckius the Lawier and saieth vnto him For asmuche as thou hast refused the admonishmentes of Cesar and the Princes the Emperour from hence forth will do as to his office apperteineth and now commaūdeth thee to depart hence immediatly graunting thee one and twentie dayes for thy retourne looke what promise he made thee the same wil he kepe vnbroken charginge thee moreouer that in thy retourne home thou styrre vp no people by the way neither by word nor writing On this wise beyng suffered to depart
our daies and therfore desyred a counsell that the wrong beyng redressed concorde might be reteined But in this our time a Counsell is muche more nedefull for as muche as the same errours and vices do remaine in sundry places and strife and contention is arrisen and many therefore are in daunger of their lyues that be innocent persons For these therfore so weightie considerations not onely we but themperour also and the residew of the states and Bishoppes haue determined that acounsell is chiefly necessary for the Church wherin the pure doctrine might be mainteined For vnlesse it were of suche sort they sawe right well howe it would styre vp a greater confusion But behold whilest we loke for such a counsell the Bishops Buls come forth quite contrary to the decrees of th empyre And because it doth not cōcerne vs only but also the whole commen wealth of Christendom we haue thought nedefull by this publike writyng to testifie and declare wherefore we discommende this counsell For the power and Authoritie of Iudgement belongeth not onely vnto Bishoppes but vnto the churche Of which numbre verely are all kinges and all other states Wherfore al beit the Bishoppe of Rome were nothing at all accused yet were not this to be graunted him that he alone and his should be iudges excludyng other ministers of the churche but seyng manifestly that he is a partie one of the suters much lesse ought it to be permitted because it is both against Gods lawe and also the lawe of Nature But we accuse the Bishop of Rome of no smale crimes neyther do we dispute onely of his vsurped Authoritie and abhominable liuinge but we reprehende his doctrine his lawes and wicked Religion that is we accuse him as giltie of Idolatrie and Heresie Whiche crimes beyng obiected the Bishoppe ought not but the churche to geue iudgement as the olde lawes of the Bishoppes them selues do testifie Furthermore the Bishoppe is not only one of the parties but because he hath condemned oure doctrine longe before he hathe heaped vpon him selfe the greater suspition And seyng it is thus who can doubte what his iudgement shal be in the counsell concernynge our doctrine For it is not to be thought that he will contrary to his olde custome permit any other man to haue the determination of matters And wheras in his writynge he speaketh nothyng of the maner of treatie in the Counsell we haue iust cause to suspecte all thynges the more For he calleth them onely thither which are bounden vnto him diuerse wayes of whose good willes he is assured And he protesteth also this to be the cause of calling the counsel that the Heresies sprong vp of late might be weded out And albeit the same may be taken largely yet is there no doubt but he meaneth it of our doctrine For it is not credible that he speaketh of his own errours Yea after he sent forth an other writynge touchinge the reformation of the Courte of Rome wherein by expresse wordes he confesseth that the Counsell is called for this intent that the Pestiferous Heresie of Luther might be abolished And so in dede at the fyrst he couered his mynde crastely that his writte myght haue some shewe but he disclosed it afterwarde Wherfore there is doubte but that he is fullye bente to roote oute our doctrine And what madnes were it than for vs to allow this his intention For this goeth he about that suche as receiue his writyng shoulde confesse oure doctrine to be wicked and Hereticall Moreouer that Kynges and Princes whiche admitte the same shoulde be bounden to aide and asiste him Therfore seing the thing concerneth the vniuersal common wealth we beseche all men that they will consider diligentlye thys his crafte and policie For it is to be marueiled whie he conceaued his writynge with suche wordes And there is a doubt whether he did it to the intent to feare vs from the Counsel or by the approuing of the writte to haue vs intrapped But amonges vs assuredly there is no doubt but that themperours mynde is to further the common wealth neyther do we thinke that he will allowe this forme of writte But the Byshoppe hathe not onely appoynted the Counsell but hathe also pronounced sentence against vs. For he will not permitte that the matter may be tried by the Scriptures but he will aledge his own lawes custome and certen Counselles of the latter time to proue the matter But we chiefly hold affirme the mens traditions that are contrary to Gods worde oughte to be reiected For we admit the doctrine of the church but the Byshops errors tyrannie ought not to be coloured with the title of the church Tholde church neyther receiued any law cōtrarie to the Scripture nor attributed the vnmeasurable power to the Bishop of Rome which he now taketh vpon him selfe And againe y◠sorte of men which do condemne persecute by the doctrine of the gospell be not the church but paricides the generatiō ofspring of Cam. And in old time in dede godly Bishops dyd oftentimes refuse coūsels seing the same to be called not to defende the veritie but either for the main tenaūce of some wicked opinon or els to establishe some mē in Authoritie Themperor Cōstantine had assigned a counsel at Antioche But Maximus Bishop of Hierusalem albeit it was not farre of came not thither for because he knewe themperors minde what the Arrians intended And although Athanasius came to the coūsell at Tyrus yet taried he not long for that he saw the chiefest of the coūsel plaie the parts both of the accusers Iudges And for that he saw certen accusers procured against him There was holdē a great counsel at Sirmiū a town in Hungry against Photynus for the matter was weightie And albe it themperour cōmaunded the Bishops to come thither yet wold not they of the west partes obey him for that they sawe there a numbre of Arrians there encreased suspected that some false opinion shoulde there be decreed That time was Osius Bishop of Corduba a famous man whom themperor at the request of the Arrians commaunded also to come thither out of Spaine When he was come he approued that perilous counsell of Sirmie which brought afterwardes a great consusiō to the church for this cause was Osius sore reproued of Hilarie whiche came not there Cyrillus Bishop of Hierusalē neuer came at their assemblies which denied Christ to be of the same substannce with the father is accompted the fyrst that euer appealed from the counsell by writyng There was a Counsell kepte at Millan and the Bishoppes called thither by the Emperour But what time Paulinus Bishoppe of Treuers and a fewe others sawe howe Anxentius the Byshoppe of Millan and his mates went about an euill purpose they departed brake vp that Counsell After this sort did those worthy men flie at suspected counselles lest they should be made partakers of
money to any Capitayne Albeit that yf he shoulde haue some force aboute hym no man ought to maruel there at in thys daungerous tyme doubtfull state of thynges whan the kynges and Prynces nere aboute him doe moustre theyr men for who shoulde reprehende this in hym yf he fore see that hys countries susteyne non iniurye but he sayeth the report is vntrew as is also the rest of the ten thousand men that should garde hym to Regenspurge For Themperoure is now ready to take hys iorney and that with a small treyne And after he hathe declared howe desyrous euer Themperoure hathe ben of the peace and tranquilitie of Germanye and to be yet of the same mynde styll he sheweth also howe frendely and gentlye he hathe vsed the Archebisshop of Collon fynally wissheth to the vniuersal common welth but namely of Germany all thinges safe and fortunate Aboute the end of Ianuary the Lantzgraue Fridericke the Paulsgraue prince electour mete at Frankeforte They of Auspurge receyuing intelligence oute of diuerse places of the warlicke preparation of themperour bisshop of Roome had sent Sebastian Scherteline a man of warre to them addicted vnto the Paulsegraue Lantzgraue who shoulde instruct them priuely of al such matters After therfore he had spoken with eyther of thē seuerally he brought to passe that they bothe came thither to consulte and the Paulsegraue was also accompanyed with Otto Henry hys cosyn germane A fewe dayes after came thyther also the Protestantes Ambassadours out of Fraunce and Englande report their ambassade to the Lātzgraue his fellowes The next day which was the fourth day of February the Lantzgraue departeth thence goeth to the Archebisshop of Mentz newly created whiche was but one Germane mile of and amonges other thynges intreateth him that in the nexte assemblie of Regenspurge he wold geue his aduise coūsell for the tranquillitie of Germany And shortly after was dissolued the conuention of Franckefort and by a decree made the Protestātes sendyng theyr ambassadours to Themperour clergie of Collon intreate for the archebisshop Duke Moris of Saxonie was not in league with the Protestantes yet had he an ambassadour there Christopher Carlebice a gentelmā verey well learned who immediately after the conuention ended went to Themperoure the same time was Themperoure in Gelderlande who before had ben aduertysed that the protestantes had conspyred agaynst hym at Franckeforte neyther wanted the matter setters foreward which as the cōmon saying is powred oyle vpon the fyre and wolde saye how these assemblies of states and Prynces were kept to hys contempte Nauius was sent by thēperoure to the Archebisshop of Collon And came from thence to the Archebisshop of Mentz and to the Paulsgraue and by the waye fortuned to talke with Renarde Counte of Solmen a man of warre and of stoute courage touching the present state of thynges and how Themperoure is aduertised And where the Erle tolde hym agayne what thinges were bruted of Themperoure throughout Germanye he vtterly denyed it and sayde it neuer came in themperours mynde for so much he loueth peace that al his owne affaires set apart he will now to the counsel of thempire neyther doubteth he but if the Lātzgraue woulde come vnto hym he should be frendly vsed and hys aduyse is that he do so in any wyse for so maye he bothe pourge hymselfe and hys fellowes because happely he wyll not goe to Regenspurg know Themperours mynde presently and conferre with hym of the comon welth by this meanes also maye all suspicion and distrust bee taken awaye which is reysed by misreportes on eyther side And if he desyre to come to Thēperours speache he shal d ee well to come with a small company that he maye declare therby what fayth and consydence he hathe in Themperoure When the Lantzgraue was aduertysed hereof by Counte Solmense the .xx. daye of Februarye he writeth to Nauius and to auoyd suspicion he sheweth him partely what was donne at Franckefurte after he declareth how a report went of Themperoure that he should prepare to haue warre And amonges other Captaynes had appointed Marques Albert to leuie a thousād horsementhowebeit the Erle of Solmen vpon hys report affirmeth it to be vntrewe And because Granuellan also wryteth the same he will rather credite them than such flyeng tales as are talked a brode For he and hys fellowes hope well that Themperour wil not shrink from the conuenauntes and decree of Spier especially seyng there is no cause geuen whie he should so doe And to come speake with Thēperoure he will not refuse but fyrst he must conferre with hys leagefrendes of whom som he wold haue present at the talke and not many I shewed you before howe Themperoure had appoynted a talke of learned men at Regenspurge and had commaunded them to bee there all at the begynnyng of December After he proroged this daye to the Ides of December Thither came sent by Themperoure Peter Maluenda a Spaniarde Eberard Billicke a white Frere Iohn Hoimester an Austen frere Iohn Cochleus Diuines as many hearers From the Protestantes came Bucer Brentius George Maior and Erard Schuepsius diuines and with them also other soure auditours At the kalendes of Ianuary came the presidentes of the disputation Moris Bisshop of Eistet Fridericke Counte of Furstemberge And at the length beganne the conference the .xvii. daye of Ianuary And the presidentes speaking of theyr charge thynges cōcerning themselues require the diuines that in so graue holy a busines they wolde not followe their affections but treate syncerely hauynge the feare of god before theyr eyes and a respecte to concord And herin promise theyr paines fidelitie vprightnes After they recite howe Thēperours cōmaundement is that the doctryne of the Protestātes exibited in tymes past at Auspurge shoulde in this communication be treated of omittynge those thre first articles of the Trmitie of the incarnation of the word and of originall sinne For the two first are out of controuersie and thys laste hathe ben sufficientlye debated alreadye But that all the residewe bee treated vpon in order of iustyfycation of forgeuenes of sinnes of fulfylling of the law of faythe of good woorkes of deserte of the Sacramentes of purgatory of praying for the dead of the veneration and inuocation of sainctes of reliques of Images of monasticall vowes of the mariage of priestes of choise of meates of holy dayes of thecclesiasticall traditions of the churche of the power of the keyes of the sacred order of the authorytie of the bisshop of Roome of bisshops of generall counselles These thynges once declared the Protestantes consideryng with what aduersaryes they were matched request that all theyr talke and treaty myght be written oute by notaryes to th entent Themperour and princes may vnderstande the whole matter and the argumentes and probations of eyther partie Contrarywyse the presidentes saye how that should be to longe a woorke and that
his Nobles and states at Paris and reciting the wronges of Boniface whan both all the Bishops Princes and Nobilitie being demaunded had confessed that they held al their landes and reuenues through his liberality benefit he commaundeth that from henceforth ther be no mony conueid to Rome and causeth alwaies and passages to be watched diligētly But wheras the Senate of Paris made thaccompt how much the bishopprickes and abbotships vacant do pay as before is said this say they is to be vnderstand of former time for now is the paimēt dubled and exceadeth the yearely reuenues in so much that many beneficed men by reason of the great exaction do leaue their buls in the handes of the Banckers And within the realme of Fraunce be xii Archbishopprickes Aygnes Uienne Lions Narbony Tolouse Burdieux Auxi Burges Tours Roan Rains and Sens and Bishopprickes aboute lxxxxvi by the vacations whereof as they terme it is caried to Rome a wonderful some of gold and out of tharchbishopprickes verily about thre score thousand crownes and thre hondreth as thaccompte was made in the time of Lewes the twelfth What time these letters were red the fathers say howe they shal be answered at the next session in case the king wil acknowledge the counsel to be at Trent But such thinges as are nowe in treaty they do not admit but in as much as they may do lawfully and therfore can not graunte him any testimonye or instruction of this action After whan the day of the next session was appoynted the .xi. of Octobre euery man returneth home which was about ii a clock at after none And here semeth a mete place to declare what is the manner and ordre of the publicke session whan the same day came the fathers as they vse to speake assemble in the house of the bishops Legate And stil from the cathedral church vnto his lodging stand souldioures on either side the way about foure hundred and fifty horsmen or mo At ix of the clocke commeth forth the Legate with his Crosier before him and the cardinall of Trent goeth on his lefthand After follow those that are in commission with him and tharchbishops that are Princes electors Than the Ambassadors of themperor and kinge Ferdinando ioyned together afterwarde the residue of the bishoppes euerye man in ordre Whan the last of them are come to the church the Souldiours by and by discharge their pieces and after repair to the market place and there and about the Temple kepe warde till the counsell breake vp All they for the moost part are taken vp in the country that they maye be prest and ready at the same day and the Towne it self also doth kepe many whan they be come into the church they heare Masse that done the decrees of the counsel are recited and the day also assigned for the next session to come Than also if any ambassadours haue ought to say they are hard But by reason of diuers sondry many busy ceremonies that are vsed in all matters thaction is delated til it be far in the day which at the lengthe beinge finished the legate retourneth home with the same pompe In sittinge the Bishops Legate hath the chief place next him the Cardinal of Trent than the Legates copartners after tharchbishops electors on the lefthand sate thambassadors of themperor and other Princes On the middle fourmes sit Archbishops Bishops and other prelates euery man in order as he came The second day of Septembre the the deuines had Themes geuen them to discusse and reason vpon wherof euery man may speake his mind to thintent at the next sitting they may be determined And in pronouncing of sentences of this meane was prescribed that they should cleue to the holy scripture to the traditions of the Apostles to the receiued and approued counsels and authorities of the holye fathers that they vse a breuitie that they abstain from superfluous and vnprofitable questions that they eschue all frowardnes and contention But as cōcerning the ordre it was agreed that those deuines shoulde speake first which the bishop of Rome sent secondly whome the Emperor sent and so forth Moreouer the bishops Legate permitteth them that for the searching out of the truthe and as they saye to confute false opinions they might read ouer all maner of bokes And there were deuines a great nombre Spaniards Italians Germanes whome both the bishop of Rome and themperour and also his sister Mary had sente whome also tharchbishops of Collon Treuers and the bishops of Spaine and of Italy had broughte wyth them Unto whome was referred the knowledge of al matters nether was it lawfull for others than for suche as were of the same profession and that had taken the degre of doctorship to speake any thing Yet for the fauor of the Archbishops of Colon and Treuers was admitted Ihon Gropper a lawyer and Ihon Delphe a batchelor of diuinity but no doctor And for so much as in certaine former sittinges of the yere a M D. xlvi and the yeare following they had made a determination of original sinne iustification and frewil of the vii Sacraments of the new law as they terme it in general and also of baptisme and confirmation particularely they condescended that al those standing in force of the decre they shuld procede to the rest and first in dede to the Sacrament of thanckes geuing Wherfore certain Theames wer deliuered to the deuines with these self same words that they shuld search and try whether they were heretical and mete to be condēned by the holy Senode which Theames they had collected oute of the bokes of Luther Zwinglius Bucer and such others And the deuines vse the matter after this sort They assemble all daily in the house of the Byshops Legate by the space of many hours obseruing thordre be foresaid euery of them reasoneth of the said Theames without any interruption yet so as they submit al their sayings to the iudgment of the church of Rome For none of the protestāts wer ther. This place is open indifferently for all men and the Bishops Legate and the residue of all the fathers are many times ther presēt but the deuines only speake and the wordes and sentences of euery man are registred by the Scribes What time all men had done reasoning which was than accustomed to be done in a Monethes space the bishops resorte to the bishop of Romes Legate and examine the sentences of the deuines whiche the Scribes had noted after out of euery nōbre natiō wer chosē certen which perusing ouer al their opinions might therof make a doctrine what thinge should be determined and beleued in euery poynt after this they cōdemne the contrary doctrin and errours as they call them wyth a greuous sensure yet not with many words al these thinges are in fine related to the whole assemble When they be throughly agreed they come vnto open sessions as I said before