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686 [630]

Actes and Monuments Of the Churche.

Wherfore all Christians oughte nowe otherwise to iudge of the Waldois, and to esteme them for good and honest people, and followers of the holy Gospell, for the whiche cause in these our daies they haue bene so cruelly murdered, slain, and spoiled at Merendoll and Cabriers, the which thing happened thorow this occasion here folowing.

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¶ The order of the processe holden againste the inhabitauntes of Merindoll and Cabriers.

IN the yere of our Lord 1540. at the request of the kinges procurer general of the court of Parlament of prouince, these men folowing being all inhabitants of Merendol were adiorned and commaunded to appeare personally, Androw Mainard, Ihō Cabrye, Fraunces Mainarde, called Chaiz, Ihon Bony, Antony Palenge, Mōdon Brewneroll. William Arment, Mychaell Mainarde Ihon Palenge, Facie Barnard, to answer to all such informations and charges as shoulde be laid against them. the parties aboue named went vnto a towne called Aixe to appeare at the said court at the day appoynted them, and went vnto the moost wisest and learned aduocates as the custome is, to take councel howe they mighte order and gouerne them selues in their businesse. The aduocates and procurers told them that it was not lawfull for them to geue any manner of councell or aduise, to any of their quality, which are suspected (as thei vnderstand) to be Lutherians, notwithstandyng one of the aduocates and procurers told them secreatly a parte that they shoulde in no wyse appeare before the said court, except they were all ready fully determined and resolued, to indure to be burned by a litle fyre euen by a fire made of chaffe, without any furder fourme or order of processe or iudgement, for so it was already concluded and determined against them by the said court. by these words they of Merindol wer meruelously astonished, & so muche the more, for that they saw all readye before theyr eies diuers good men murdered and tormēted, hauinge none other cause of condempnation, but that they wer reported to haue maintaind certain questions, the which were declared Luterany by the doctors of deuinity, albeit that þe effect of the matter contained in their condēpnation was altogether agreable vnto the holy scriptures. They of Merindol perceiuing these things, durst not to apeare at the day appoynted, but made defaut by the vertue wherof 

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This notorious arrêt of the Parlement of Aix-en-Provence was pronounced on 18 November 1540. The text was included in extenso in the Recueil and in editions of Crespin from 1560 onwards (Crespin/Benoit, 1, pp. 383-4) condemning 19 Vaudois to be burned, their property confiscated and their village at Mérindol destroyed. The names of those mentioned in the arrêt are rendered by Foxe as best he could, and their orthography differs in the various sources (cf A.-L. Herminjard, Correspondance des réformateurs dans les pays de la langue française [Geneva, 1866-1867], 6, p. 228 and l'Histoire memorable). They included André Maynard, bailli of Mérindol, François Maynard, Martin Maynard, Iacques Maynard, Michel Maynard, Iean Pom and his wife, Facy le Tourneur and his wife, Martin Vian and his wife, Iean Pallenq and his wife, Peyron Roi, Philippon Maynard, Iaques de Sangre, Me Leon Barberoux, Claude Fauyer de Tourves, M. Pomery et Marthe Pomery, his wife, Thomas Pallenq, and Guillaume le Normand.

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the said court gaue out an arest which euer afterward was calld the arest of Merindol, þe which also long time after was pleaded and disputed at the Parlament at Paris, by apele made by þe kings procurer. by this a rest, not only they ofMerindol whiche were appoynted to appeare, were condempned to be burned out of hand, so sone as they could sease or take their bodies as ataint and conuict of the crime and offence of heresye and highe Treason, and also all their goodes to be confiscate vnto the kinge: but also by the same arest, al the inhabitauntes of Merindol were cōdempned (in the which place there was aboue lxxx. houses) to be burned, as wel men, wemen, and childrē without sauing or reseruing one person, and by the same arest it was decreed that all the houses of Merendol shuld be beaten downe, & the towne wholy rased & disinhabited & al the trees to be cut down as wel Oliues as others, & nothing to be left within 500. pasis roūd about, to make þe place altogether vnhable, as it appeareth more at large in the said arest: the which was estemed and counted of so great importance, that there was no towne or place in the country of prouince, wheras the said arest was not talked & disputed of. And specially amōgst thaduocates & men of vnderstanding, in so muche þt diuers & many durst boldly affirme & say, that it was great meruel þt a court of parliament shuld be so enchaūted or bewitched, to geue out such an arest, so manifestly vniust, & vnresonable, & cōtrary to al right and reason, and specially contrary to the solempne oth which al such as are receiued vnto office in courtes of Parliament are acustomed to make: that is to saye to iudge iustly & frely according to the law of God, and the iust ordinances & lawes of þe realme, without hauing respect to anye person: or enterprising any thing perticulerly or generally, lightly or temerariously, but wholy by good and perfect deliberation to iudge in suche sort & manner, þt by their iudgement God might be honored & euery mans right regarded, without attempting any vniust matter or indamaging any man by violence or wrong, or by any other meanes. Some of thaduocates or lawyers, defending the said arest to be iuste & right, said þt in case of Luteranisme þe iudges are not boūd to obserue nether right nor reason, law nether ordinaunce, & that the iudges cannot fail or do amis, whatsoeuer iudgement they do geue: prouided alwaies that it tend to the disauantage, ruin, or extirpation of al suche as are suspected to be Lutherians. To this the other lawyers and learned men answeared, that vpon their sayings it wold folow, þt the iudges shuld now all together folowe the manner and forme in proceding against the Christians accused to be Lutherians, as the priests, scribes & Pharises, did folow in the pursuinge and persecutinge, and finally condempning our lord Iesu Christ as it appeareth by the gospel. By these & suche other like talkes the saide arest was published thorow out the country, & ther was no assēble or bāket wher it was not disputed or talked of

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