saith the scripture as the déed was a doing and there was none to accuse hir and to bring foorth witnesses then said Christ Neither Iohn 8. saith he will I condemne thée being not conuict * Also in another place when as vpon a certain day the Iewes would haue condemned Christ before they had heard him then Nicodemus rebuked them in these words Doth our lawe condemne anie man before he be heard and his fact knowen Finally there is nothing whereof the olde patrons of the Christians and amongst these Tertullian Arnobius Augustine Lactantius do so greatly complain as that the heathen men did euery where rashly condemne the Christians being vnheard and before their cause was knowen But pope Sixtus and his assessors the cardinals haue followed the rashnes of these Ethnikes in this most mad declaration when as with certaine barbarous and giantlike arrogancie they condemned the foresaide most excellent king of Nauarre and most noble prince of Condie I do not say being vnheard but not so much as commanded to be present or cited But peraduenture some man will say these Princes were condemned not simplie as heretiks but iointly as notorious and manifest heretiks For they are oftentimes thus called in many places in that furious declaration But this law is receiued among the canonists that in manifest and notorious crimes there néedeth none accusation and C. manifesta ccc seqq 2. q. 1. iudiciall order * Wherupon they wil haue this conclusion follow séeing the foresaid Princes do manifestly and openly professe that they are fallen from the sea of Rome there néeded no citation or accusation or hearing of the cause to condemne them But we may easily answer this obiection for the answere is thréefold The first is that the pope taketh that to himselfe as granted which the most part of Christendome doth stoutly denie him that the religion of the foresaid princes and of so many other kings and nobles which thinke the same thing is heretical and that therfore it is an absurd thing that those should be called notorious heretiks which are not euen heretiks The other answer is that all those points of the decrée of Gratian. 1. q. 1. which can be obiected to vs do in no point appertaine vnto the crime of heresie but as pope Nicolas saith * vnto the c. 16. works of the flesh which as he addeth out of the apostle are manifest as manslaughter robberie whooredome incest adulterie and such like Neither shal there in all these places any word be found touching the crime of heresie which crime doth differ from the works of the flesh and other wicked déeds therein bicause in condemning heresie the correction and amendement of the person is sought which Paul doth therefore call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vsing the same word or name which Plato giueth to that chastisement which is vsed for amendements sake for in other punishments the amendement of the person is not sought but there is an example giuen to others that men with feare of like punishment may be terrified from doing euill For which cause the same Plato calleth it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or a publike example * Agell 6. c. 4. Plato in Gorg. Therefore though a man wander in some article of religion yea do manifestly erre and slide yet he must not foorthwith be either excommunicate or as Augustine saith be accounted in the number of exercising enimies but he must be once and often admonished chastened taught neither must he be remooued from the fellowship of the faithfull vntil he shew himselfe rebellious and stubborne and to vse the words of the same Augustine do stubbornly resist the Church Wherfore séeing that the foresaid Princes do neither professe any doctrine dissenting from the rule of faith as we said before but do most carefully imbrace the fower forenamed councels neither yet haue bin reprehēded by any apostolike church which as Tertullian defineth it hath perseuered in the doctrine of the apostles neither yet haue shewed themselues stubborne in learning but if they be conuict of any error are readie to amend it we conclude without any delay that we haue abundantly satisfied the cause of Nullitie set down by vs in the third place To what end should I vse many words For euen by the law of the canonists all this declaration of the pope is prooued to be vniust and void forsomuch as when an excommunication is sent out for no iust cause and without obseruing the iudiciall order then the curse of the excommunication is said to redound vpon the head of him that accurseth Touching an vniust cause there be testimonies extant in the writings of Augustine * where in c. temerarium eodem he thus writeth Rash iudgement doth for the most part hurt him nothing vpon whom iudgment is rashly giuen but him that iudgeth rashly must the rashnes of necessitie hurt Also in the chapter following What doth it hurt a man that mans ignorance will blot him out of that table if so be it an euill conscience do not blot him out of the booke of the liuing Thinke of Augustine what thou wilt onely let not my conscience accuse me in the eies of God c. Etsi these things are cited out of the same Augustine Though thou bee condemned of man for a time the earthly seat is one and the heauenlie throne another thing from the lower he receiueth sentence from the higher a crowne Also out of the same Augustine * 11. q. 3. c. Episcopi c. nemo c. certum c. ex parte cap cum olim De sente excom I in c. illud planè will say that boldly and not rashly that if anie of the faithfull shall be vniustly accursed it shall rather hurt him that doth than him that suffereth this iniurie For the holie Ghost dwelling in the saints by whom euerie man is bound or loosed doth not punish any man vndeseruedly But in iudiciall order is required first citation then the stubbornnes of him that is cited * Host. in sum tit de sent excomm num 7. gloss in c. statuimus codem tit in 6. As for example saith Hostiensis if any man being commanded or admonished will not amend his wickednes * cap. ad nostr De consuet vbi concord in gloss Furthermore it is requisite that the excommunicator be a competent iudge otherwise the excommunication of an insufficient iudge is none * c. solet c. venerabilem per tuas eod tit in 6. Thirdly if the excommunicat person haue lawfully appealed or in stead of appealing haue fitly protested * For he that alledgeth no sentence though he desire not to be absolued but as it falleth out in this matter shewing lawful causes of Nullity especially so many and so lawfull he must be heard and in the meane season the sentence is suspended as the same canonists do commonly teach * in d. c. per tuas in d. c. solet In
prouince whereby the priests of Christ may both wisely discerne and constantly hold equitie especially bicause it is granted to euerie one if he shall be offended at the iudgement of those that are appointed to heare causes to appeale to the councels of his prouince or also the generall councell vnlesse peraduenture there be any man which doth beleeue that God doth giue by inspiration to some one man the iustice of hearing and examining matters and doth denie it to infinit priests assembled in a synod Or how shall the iudgement giuen beyond the seas be firme whereunto the necessarie persons of witnesses cannot be brought either for infirmitie of sexe or of old age or for many other hinderances that come betweene And as concerning those thrée legats there are grieuous complaints made of them in those verie same letters and especiallie of Faustinus that they had greatly troubled the assemblie when as they feigned that they mainteined the priuileges of the church of Rome Then we sée that euen at that time the wickednes trecherie and impudencie of the pope of Rome was reuealed and that it was conuict and condemned by a generall councell Do we thinke that he did any thing hauing taken away al his enimies or familiars of out Africa and Asia that he might establish in his west parts the power that he did euen then affect And thus much hitherto touching the first cause of the nullitie and incompetencie or insufficiencie of the iudge which notwithstanding that they may be more apparent to the most excellent senators of the kings parlement and to other lawyers we will confirme them with the authoritie of the doctors And first of all with that cōmon saieng of the canonists that The pope is no méete iudge euen in the onely crime of heresie but that it ought to be iudged by others * And Philip Decius C. si papa dist 40. doth constantly auouch that in that case a councell ought not to be gathered by the popes authoritie * The same doth Panormitanus in c. cum venis num 37. extra de iudic and Decius affirme in c. significasti num 4. num 9. de elect But of al other Ludouike of Rome doth most copiouslie and constantly auouch * out of the authoritie of the decrée it selfe that he that in Concil vlt. nu 15. seqq liueth rebelliouslie and refuseth to learne and do good things is rather a member of C. nullus dist 38. in concil 95. vol. 4. Decius cons 115. the deuil than of Christ that he is shewed to be rather an infidel than a beléeuer * The same saith Iason * and Decius * The second Nullitie by reason of the falsenes of the Allegation THerefore we say that the second cause of the nullitie doth consist in the falsenes of the allegation that is in a false cause alleaged which the pope followed in cōceiuing his sentence For the rule of the law is knowen that a sentence pronounced according to false causes false allegations false instruments is voide in law and without any appeale especially where the l. 1. pass C. si ex fals instru l. si praetor 7. D de iudic l. cum vero 2. §. Subuentum De fideic libert l. Seiae 26. D. de tutor cur dat l. 1. §. haec verba D. ne vis siat ei l. 1. C. si ex fals alleg sentence had for the principall cause and foundation the falsenes of the allegation * But pope Sixtus saith that he hath therfore proscribed the king of Nauarre and the prince of Condee bicause they be as he saith notorious heretikes Finely For by this reason if those princes be notorious heretiks then they must be procéeded against with arms and war if they be not notorious heretiks then the proscription and execration is of none importance Let vs sée then for what cause and allegation the foresaid Princes are condemned for heretiks For so great a crime must not be laid to the charge euen of a man of base estate without a great and weighty cause much lesse of so great princes and the kinsmen of so great a king The emperors Gratian Valentinian and Honorius decréed that they be counted heretiks which shall be detected euen by a light argument to erre and go astraie from the iudgement and path of catholike religion * Who can l. 2. c. de haeret Manich. like of and allow that definition For Augustine doth not account those heretiks which defend their opinion though false and pernitious with no stubborne wilfulnes especially which they haue not brought foorth through boldnes of their presumption but haue receiued it from their parents being seduced and fallen into errors and do seeke the truth with warie carefulnes being readie to be reformed when they haue found it as he saith text 24. dist 3. c. dixit Againe Iohn Auentine in the third book of his chronicles left in writing that a certaine bishop of Germanie called Virgil being skilful in mathematical arts was therefore accused of heresie and was called to Rome by pope Zacharie bicause he affirmed that there were Antipodes * That is such as go with their feete toward ours The canonists decréed that he should bée counted an heretike that should not obey all and singular the popes decrées * The gloss dist 10. c. nulli dist 21. pope himselfe hath decréed that he that denieth emperors kings princes and finally euery humane creature to be subiect to the temporall and materiall sword of the bishop of Rome be counted an heretike bicause it is vpon necessitie of saluation to beléeue this that is it is one of the articles C. 1. in fin extr de maior obedient of faith * In the yéere of Christ cxc 8. Victor pope of Rome did therefore pronounce that the East churches were heretiks bicause they thought not the same concerning Easter which his church thought For which cause Ireneus bishop of Lyons did sharpely reprooue that pope as Eusebius doth witnes in his fift booke 26. and Epist 24. What néede many words He is defined to be an heretike in popery which doth not beléeue al those things which are taught for truth in the church of Rome * But we haue before C. nulli dist 19 shewed that this doctrine was deliuered to the Church of Christ of it to be beléeued by the authority and commandement of the popes that Dominic wrought more miracles than Christ and all his apostles that the same Dominic was much more excellent than Christ and all his apostles That Iohn Baptist to whom the holy scripture gaue this title that there was neuer any mortall man vpon earth greater than he was by many degrées inferior to Dominic that cosener We haue shewed furthermore that the popes haue approoued that fable touching the marks of Francis Bernardo and that it is deliuered to the church of Rome to be beléeued and that that wise man that opposeth himselfe
at length it may be said the apostolike mule and sir reuerence the apostolike pissepot and so foorth But to returne to our purpose that the difference betwéene an heretike and an apostolike man might more plainly be vnderstood Tertullian adioineth a most manifest example and very appertinent to that we haue in hand Paul saith he instructing Timothie doth amongst heretiks nip forbidders of marriage Why so Tertullian Surely bicause that inhibition is contrarie to the doctrine of the apostles who taught in plaine words that marriage is not onely comly and honorable for al sorts and orders of men but also for the most part necessarie Whereby it appéereth that the forbidding of matrimonie is not apostolike but hereticall bicause according to Tertullians opinion those are defined to be heretiks which bring in doctrine contrarie to the writings of the apostles And those are defined to be apostolike and sound and catholike which contenting themselues with the writings of the apostles do detest accurse togither with the apostle those that detract from or adde to the same Furthermore to this definition of heretiks agréeth that which S. Augustine deliuereth * He is an heretike saith he who In lib. de vtil creden for loue of gaine or principalitie doth either beget or follow new opinions Where he meaneth principalitie of faction and departing from the Church the captaine and prince wherof he professeth himselfe to be hauing as it were set vp his banner And with this selfe same mind Paul calleth Philetus and Hymeneus heretiks bicause they had not only erred from the faith but also subuerted the faith of others whom likewise in another place he calleth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is wanderers or straiers 1. Tim. 2. 2. Tim. 3. and such as lead others into errore also But moreouer Peter describing heretiks saith that they intrap the minds of inconstant and weake men Also in another place Amongst them saith he there shall be false teachers which shall secretly bring in heresies or deadly sects 2. Pet. 2. And as touching the forme of declaring heretiks Paul sheweth the same in these words An heretike after the first and second admonition 1. Tim. 3. auoid Vnto which forme that order doth also appertaine which Christ prescribed * that he be accused before the Church Mat. 18. and if he shew himselfe stubborne let him be counted as an heathen man and profane person And we sée that euen the schoole doctors are of this mind amongst these the maister of sentences * where he In 4. dist 18. c. 7. writeth thus that Excommunication ought to be put in practise when a man being according to canonicall discipline called the third time to amend a manifest fault and making no account to make satisfaction is cut off by the sentence of the church from the place of praier and from the partaking of the sacraments and from the fellowship of the faithfull that he may be ashamed and that he may repent being conuerted through shame of his wickednes that his soule may be saued Who if professing repentance he do repent he is admitted to the communion that was denied him and is reconciled to the Church By all which doth plainly appéere that there be thrée marks of an heretike whereby they are knowen and discerued from those that hold the truth if they bring in any thing into the Church that agréeth not with the rule of faith if they make a departure and if being solemnly admonished they do stubbornely persist But bicause this disputation doth for the most part appertain vnto the kings Senators which are lawiers it séemeth to be nothing vnappertinent to set downe another definition of heretiks out of the bookes of Iustinian For in the Nouel 115. § si quis where amongst the lawfull causes of disheriting children he reckoneth vp heresies he addeth these words interpreted by Iulian Antecessor But we call those men sound which communicate in the holie catholike church into which all the patriarks are gathered with one consent and concord and the fower holie Councels are preached the Nicene that of Constantinople the first of Ephesus and that of Chalcedon And we call those heretiks which do not communicate with the catholikes These things being thus set downe let vs now sée by what right our foresaid Princes are condemned by pope Sixtus the fift for heretiks for whether we follow the former or the latter definition the foresaid Princes do professe and declare so earnestly as they can and they call to witnes God and Angels and all men of all sorts and kinds finally heauen and earth that they do neither bring in into the Church any thing that is repugnant to the rule of faith and vsuall créede of Christians ne yet to those fower most ancient Councels but that they do with all their hart imbrace their doctrine and confession such as was cōceiued in the Nicene synod the synod of Constantinople of Ephesus and Chalcedon neither doe they depart euen an heares bredth as they say from the forme set downe by Athanasius Futhermore they professe that they neither haue made neither will make any departure frō those churches which haue continued in that rule of faith and forme of confessions such as be those churches of the most noble and mightie electors and princes of the confession of Augusta Last of all that they were neuer till this daie admonished reprehended by any church of this sort which hath perseuered in the doctrine of the apostles But and if being yoong men and terrified with the blood and infinite murders of the massacre of Paris and mooued with the sight and presence of a most mightie king and finally being hedged in with the swordes of manie armed soldiers they did and pronounced those things vnwillingly which they were commanded either to do or pronounce this must not be counted a solemne and lawful forme of ecclesiasticall admonition and such as Christ appointed and the Apostles and apostolike men haue kept especially séeing that shortly after when they had recouered their libertie they protested that they did all that they did vnwillingly and compelled with threatnings and did openlie craue pardon for that their infirmitie at the hands of God Christians in a reformed church before a great assemblie And on the contrarie they shew that the pope of Rome is condemned by the iudgement of the most part of Europe not only amongst heretiks but also as a chiefe heretike as the chiefe author and captaine of sedition First bicause he hath brought in into the church wicked fables and blasphemous touching the false miracles of munks and traditions most contrarie to those fower ancient councels such as we haue before set downe touching the feigned purgatorie the inuocation of the dead the worshipping of images the daily renuing of the sacrifice of Christ in the masse the idolatrous worshipping of the bread and chalice touching the forbidding of mariage touching the Dominicane munkes hid
places they boast they had immediately from Christ himself For as all men know that which is euerie mans owne cannot be his own by many causes for as much as lordship or mastership commeth not by manie causes but onely by one * And it is ridiculous that they bring l. ◠§. ex pluribus D de acq poss 18. in Constantine boasting thus of himselfe That In building the church of Rome he bare vp vpon his owne shoulders twelue baskets of earth being equall in number to the twelue Apostles For séeing that he doth so often giue greater honor to Peter alone than iointlie to all the other eleuen did not the reason of the proportion require that he should carrie vp more baskets full of earth in honor of him alone than of all the rest And no lesse ridiculous is that which he addeth afterward that For continuing those lights which did burne in that temple he gaue not onely lands and possessions but also he gaue thereto his libertie that is his right power in the east west north and south climate namelie in Iudea Asia Thracia Graecia Africa Italie and in diuers Iles that they may be disposed by the hands of S. Syluester and of all his successors These things writeth the pope in as manie words and sillables wherby we may vnderstand that those tapers and lights were woonderfull déere for maintaining wherof the tributes and yéerly reuenues of the whole world and specially of fower parts thereof must be giuen And not onely so but also bicause the faithfulnes of treasurers is somtime had in suspicion in such a case it is reported that Constantine appointed that when hée was dead the gouernment and dispensation of those reuenues should be committed to the popes themselues So that it séemeth that it cannot easily be iudged whether the impudencie of the popes that séeke to inforce vpon vs these old wiues fables or the madnes of those men if euer they beléeued an old wiues fable so foolish was greater Furthermore as ridiculous and false is that which followeth touching the tenne gifts which the pope saith were bestowed vpon him by Constantine The first the Lateran pallace 2. the crowne of gold 3. the miter 4. the imperiall collar 5. the purple robe 6. the scarlet cote 7. the imperiall attire 8. pompe of horsemen going before him 9. the imperial scepter 10. al insignes banners and standerds Therefore admit that Peter the apostle was in times past shriueled old clad in a patched cote like a fisherman his vicar will now wander throughout the whole world in broidered garments clad in princely apparell enuironed with a troupe of footemen and horsemen with a fower square traine with pompe and great preparation How much better is the state of the chiefe vicar of the chiefe of the apostles than of the chiefe apostle himselfe O almighty God how great is thy clemency gentlenes patience which dost so long suffer that filth and brothelhouse to mocke thy Christ so fréely O miserable kings and princes which do so long licke the fowle and filthie flowres of that whoore O good Iesus how great difference was there betwéene that thy show and shape and the pride of that cruell and vile tyrant There was saith Esaias no beautie in Christ no comlines When we saw him we turned away our eies and countenance An abiect and contemned of men full of sorrowes troubled with continuall diseases hiding away his face from vs. So despised that he is counted as nothing And will anie man woonder that the pope durst boast that Constantine called him God For in this distinction 96 c. satis he writeth thus It is sufficiently prooued that the pope can neither be bound nor loosed at all by the secular power who as appéereth was called of the godly prince Constantine God séeing it is manifest that euen God cannot be iudged of men But it is woorth the paines to heare the iudgement of the doctor Bernard touching all this kind of pompe who in his fourth booke of consideration writeth to pope Eugenius in these words It is not knowne that Peter at any time came foorth bedeckt either with pearles or silke he was not couered with gold not carried on a white horse not garded with soldiers neither inuironed with ministers making a blundering about him Without these he both beleeued that the holesome commandement might well be fulfilled If thou loue me feede my sheepe Also in another place Consider before all things that the holie church of Rome ouer which thou art placed by God is the mother not the mistresse or ladie of churches and thou thy selfe art not the lord of the bishops but one of them Thus saith Bernard but what will we say of the clause following where Constantine after that princely inuesting of pope Syluester addeth that he held the popes bridle with his hand For reuerence of S. Peter and that he serued him as an apparitor Wo wo to that bewitching whoore whose filthie flowers so great princes do so licourishly licke so long For pope Stephen the second suffered king Pipinus to giue him this selfe same honor néer to Paris Alexander the third would haue had the emperor Friderike to haue done the like so that it is not without cause that S. Hierom in the prolog of the holie Ghost doth in plaine words call Rome Babylon and that purple whoore which is described in the Reuelation But let vs againe heare the iudgement of the foresaide Bernard touching all this kind who writeth thus They go honored for the goods of the Lord Vpon the Cantic ser 33. which Lord they do not honor Thence commeth that whoorish glistering which thou seest daily that stagelike apparell that princely preparation thence is that gold in his bridle sadle and spurs and his spurs shine brighter than the altars Thence are his gorgious tables and costly meates and cups Thence come banqueting and droonkennes Thence are the lute harpe and pipe Thence are the ouerflowing winepresses and full sellers one filling another Thence are the fats of spices and ointments thence are the strouting pouches Fie for shame Prouosts of churches deanes archdeacons bishops archbishops will be and are such For these things do not giue place to that busines that walketh by darke and by and by after FOR HE IS ANTICHRIST Did euer either Luther or any other such as did inueigh against the papacie bring foorth any more plaine or vehement thing to accuse the pope of Rome of the crime of Antichristianisme But let vs hold on For this séemeth not ynough for the purple whoore for in the verse following she maketh Constantine say thus We giue the clerks that serue the church of Rome the same glorie and power and preeminence which our most honorable senate hath and we decree that the clergie of the church of Rome be worshipped euen as the imperiall armie Therefore the cardinals and other clerks trusting to this libertie will héereafter go either to preach the Gospell
vnder the garment of the virgin Marie touching more and greater miracles done by Dominic and Francis than either by Christ or his Apostles which are such wicked hainous and vngodlie blasphemies that the minds of al the godly do abhor the rehearsal therof Secondly bicause hauing taken to himselfe lordship and princely power ouer the whol church and vsing ministers and officers dukes and purpled cardinals to defend him and furnish him he professed himselfe to be the captaine and prince of a new faction and synagog Last of all bicause being about fower hundred whole yéers ago requested by the praiers of al Christian princes and admonished to admit some amendement and reformation he did prowdlie reiect their request and precepts Of which not to fet testimonies far surely the memorie of our fathers and grandfathers may be a witnes out of the councell of Constance Basil Florence and Trent in which last false and erronious doctrines were not only not taken away but also more and more confirmed so that no man can now doubt but that these thrée markes whereby we said a little before an heritike is discerned from one whose iudgement is sound do most euidently appéere in the pope of Rome Which things séeing they are so we thinke that it is now euident enough of what importance this accusation of pope Sixtus ought to be with the counsellers of the French king whereto the most part of Europe hath subscribed it selfe also we vnderstand of what authoritie this accusation by him made against the king of Nauarre and prince of Condie ought to be with them For to cut his throat as they saie with his owne sword lo in his owne decrées 24. distinct 1. it is euerie where in manie testimonies set downe that he that is fallen into heresie cannot depriue any man of his office or insnarle him in any sentence as in c. acasius If therefore a bishop saith he be fallen into an heresie alreadie condemned being condemned by an ancient excommunication he cannot condemn others For he that is excōmunicate cannot excommunicate others Which self-same thing is confirmed in that which followeth by this reason being added thereto For the power to binde or loose was giuen by the Lord to true not to false priests And in the chapter following Peters priuilege remaineth wheresoeuer sentence is giuen according to his equitie Hereto belongeth that which Iason writeth in his 145. councell requisitus num 3. vol. 2. That the pope cannot depose any man placed in dignitie without cause bicause the power granted to Peter to feed the sheepe of Christ is not extended to kill them c. in nouo 21. dist for Peters power continueth so long as he iudgeth truely and doth not erre with the keies * The self-same writeth d. c. manet c. Abba * Also Iason writeth more plain in in c. vlt. col pe vlt. de confi vtil vel inut in c. constitutus col 3. de relig dom in c. vlt. de postul praelat in c. de multa de praebend his 95. councell requisitus vol. 4. When as saith he the pope is guiltie of heresie seeing he may for this crime be deposed c. si papa 40. dist by this he ceaseth to be pope seeing he is without the catholike church according to the notes by Innocentius in c. ex parte de verb. sig in like sort when the pope shal be a notorious criminal person intangled in greeuous crimes so that he doth offend the church c. Also col 3. But the old glosse held more strōgly than the whole world alleageth in d. c. si papa that the pope may be accused for another fault as symonie or adulterie which is notorius and the pope being admonished cannot be reformed so that he offendeth the church of God seeing he is counted as an heretike and so the pope may be accused and punished not onely for the cause of heresie but also for anie other crime wherein the pope committeth excesse offending the church if it be notorious and the pope cannot be reformed bicause notable disobedience is counted heresie wherefore as the pope may be accused for heresie and condemned so likewise for any notorious crime wherein he is incorrigible Moreouer Felinus saith * The pope which is not canonicallie in c. Ego N. de iureiur elect is a deuill not hauing the keies of the kingdome of heauen but of hell The third Nullitie by reason of the want of iudiciall order LEt vs now come to the third cause of nullitie which we said to be the want of forme iudiciall order For as in times past the great orator saide what is more vnséemely than that iudgement should be giuen of his life and of all his goods who was neither commanded to be present nor yet cited nor accused We shewed before that this forme and order of ecclesiasticall iudgement was appointed by Christ and his Apostles in iudging heretikes first that they should be sometimes conuict of their error then if they would not obey not one but many and often admonitions of the church but would as saith Augustine stubburnely resist and perseuere in their error then they should be counted as enimies and profane persons Therefore admonitions are necessarie and a solemne and lawful hearing of the cause God was not ignorant what Adam and Eua had committed against his commandement or inhibition Yet he called both of them foorth and made as it were a question and hearing of the cause and then at length he gaue sentence against them after they were conuict The same God being a most seuere punisher of wickednes was not ignorant with how great and how vile wickednes the Sodomites and Gomorrheans had defiled themselues But yet notwithstanding that he might shew an example of equitie to mortall men that are iudges he tooke vpon him to heare the cause and he said that he would descend and know Which thing likewise the canonists haue in many words euery where deliuered in 1. q. 2. but specially in c. Deus omnipotens But moreouer the same scripture doth in another place testifie that the elders of the people of the Iewes who iudged matters at the foote of the mount Sinay gaue not sentence before they had heard both parties and vntill both parties had laied downe their matter Moreouer the Iewes though they did malitiously séeke to put Christ to death and to destroie him yet they kept the vsual order of iudgements so that they accused him before Caiphas the highest priest and a competent iudge and then they did bring him before the iudgement seat of the same high priest after they had caught him and also they did bring foorth witnesses for their accusation Therefore both sides laid downe their cause and the opinions of those that sat with the highest priest were asked and then at length iudiciall order being kept the condemnation was pronounced But what néed more testimonies When the woman was taken in adulterie as
importance especially at this time wherein the hypocrisie of the popes is laid open almost to all Europe For our Peretus doth as snailes vse to do when winter is ouer when they féele the heat of the sunne then they thrust out their swelling necks and two hornes out of their shels wherwith somtimes little children are terrified So he hath long time couched in his munkish den enduring hunger miserably begging from doore to doore Now when he séeth that he is aduanced to so great honor he casteth his cowle from about his ears and doth proudly shew foorth his hornes and he hopeth that he shal therewith terrifie princes and kings But as we haue alreadie said most Christian princes knowe the blindnes of those beasts they haue learned long ago what difference there is betwéene a lion and an asse of Cuma neither are they mooued either with the gaping mouthes of Antiks and with the téeth making an hidious noise or with other childish bugs of the same sort It is recorded that that our French king of whom we spake euen now Charles the sixt did with like courage despise the vaine thunderbolt of the pope about the yéere of Christ M CCCXXX For when he was proscribed by pope Benedict the 13. bicause he had forbidden certaine new and vnaccustomed exactions of pope Benedict he decréed according to the sentence of the publike councel and orders that the popes legates which had brought into France that bull which was fearefull to women and children should suffer this ignominie at Paris first that about ten of the clocke in the forenoone about which time the Senate of Paris vseth to be dissolued being brought to the gréeses of the pallace hauing some bishops standing by them and a great manie of priests being naked and holding in their right hand a burning torch they should openly confesse the wickednes they had committed and should humbly craue pardon for the same Then that being clothed by the hangman with garments painted to their reproch and hauing that popes armes turned in in reproch and being carried in a dirtie cart through the chiefe stréetes of the citie they should be set to be laughed at of the common people Which thing to haue béene done and also to haue béene quickly put in execution the moniments of the Senate of Paris do declare and it is also reported by Paponius Also In lib. Arrest 1. tit 5. Artic. 27. the authoritie of Baldus is extant against that rashnes of Benedict the 13. * in c. olim col penult Extra de rescript who sharpely and couragiously inueigheth against the Antipopes of that time wherof this Benedict had his sea at Auenion the other namely Boniface had his at Rome and the former of these he called a bellowing oxe the latter a warring beast he inueigheth against both most sharply and most fréely Moreouer there is extant in Theodor Nehemius * an epistle of the Vniuersitie and studie of Paris where Tract 6. c. 17. this first request is made that The popes letter made like to a bull be rent and broken as iniurious seditious fraudulent and offensiue to the kings maiestie with protestation to proceed vnto greater things and let all suggesters fauters receiuers be taken and kept to be punished and corrected according to the canons Like courage appéered in the Florentines against pope Sixtus the fourth whose name this Sixtus the fift thought he might take and also imitate his example who came out of the selfe-same seminarie of Bernardo For when he had proscribed the Florentines for that traiterous bishop of whom we spake before whom they hanged out at the court window and had giuen them to Ferdinando king of Sicilia for a praie the Florentines contemning the popes vaine thunderbolt and taking to them the duke of Ferrarie to be their partner in war they beate downe the madnes of the furious and fierce vncowled frier and inforced him with war and armes to reuerse his curse Which historie Raphael Volateranus recordeth in his fift booke of Geographie Furthermore there is extant the councel of Francis Aretinus a lawier being at that time very famous and noble wherein defending the cause of the Florentines he vseth these words The crime wherwith the woorthie man Laurentius de Medicis is charged touching rebellion is so manifestly refuted that I am ashamed of the voice of the pope in this point For in his letters written to the same woorthie man in the moneth of September last past it is declared that as touching that crime he counteth him as innocent and giltlesse and that he had no sinister suspition of him Then most holie father see you to it why you after a few moneths do heape vp so manie and grieuous crimes against him It is not for me to set my face against heauen onely I will say thus much It is not honestly done of him that sitteth in the throne of God to vse so great varietie Thus writeth Aretinus in his 163. councell as Iohn num 3. Time should faile vs if we would séeke to prosecute the princes and nobles who haue contemned these proscriptions and vain thunderings thunderbolts lightenings of the popes euen in former times in so great mistines and darknes The emperor Otho the fourth was proscribed by Innocentius Henrie the fourth by Gregorie the 7. Henrie the fift by Pascalis the second Friderike the first of Sueueland by Adrian the fourth and Alexander the third Philip sonne of Friderike the first by Innocentius the third Friderike the second by Gregorie the ninth was excommunicate not once nor twise but thrise Conradus the fourth by Innocentius the fourth But as touching the first beginning of this madnes boldnes from whom it first came the Germane historiographers do not sufficiently agrée Indéed Otho Frisingensis referreth it vnto the yéere CIC. lxvj wherein William king of England was proscribed by pope Alexander the second * Lib. Chron. 6. c. 35. I read saith he and read againe the famous facts of the kings and emperors of Rome and I can find none any where that was excommunicate before him But Iohn Tritemius writing concerning the emperor Henrie the fourth saith He was excommunicate by Gregorie In Chron. Hirsaug cap. 4. the seuenth and was deposed from the empire by the synodal decree of the bishops though he cared not for it But he is the first amongst all the emperors that was deposed by the pope But howsoeuer it be for it is not greatly appertinent to that we haue in hand what time this insolencie of the popes began it is euident that in all ages there were very many couragious men which despised these thunderings of the popes as squibbish thunderbolts and old bussings and as fray-bugs to feare children Of the kingdome of Nauarre betraied by the pope ANd it séemeth that we ought not to passe ouer in silence in this place that curse wherein the king of France Ludouike the 12. was proscribed togither with Iohn king
of Nauarre his kinsman and subiect For in the yéere M. DXI. at which time that war whereof we spake before waxed hot betwéen pope Iulius the second and Ludouike the 12. king of France who was called father of his countrie and that same furious tyrant went about to terrifie him with his vaine thunderbolts and had made his kingdome a praie and spoile to him that could get it Iohn great grandfateer to this our Henrie reigned in Nauarre He forasmuch as he both was in the realme of France and was neighbor to the French king and also by reason of the great fées he had in his realme was his client and vassall was requested by king Ludouike that he would aide him against his enimie according to the right of senioritie and ordinances of seruiceable clientships The king of Nauarre being not vnmindfull of his dutie toward the king hauing with all spéed mustered and gathered bands of footemen and horsemen in his kingdom he brought so great an armie into the borders of France that he left his realme in a maner naked and destitute of men Which thing being knowen pope Iulius determined foorthwith to deale by messengers with Ferdinando king of Spaine to whom he then first of all gaue the sirname of Catholike anno 1492. that with all spéede he should make readie an armie and should inuade the dominion of the king of Nauarre who was absent and he promiseth that for his part he would both proscribe Nauarre for an heretike and schismatike and would also giue him his kingdome for a reward Ferdinandus hauing gotten so fit an opportunitie to do an exploit determined not to be wanting to himselfe After the curse was pronounced and published against the king of Nauarre he assembled his forces and entering the borders of the king his neighbor being absent he tooke first the principall citie of the kingdome named Pompiopolis and then afterward the most part of the whole realm hauing as we said pope Iulius for his author a good one and without all doubt a fit one if in the rule of the law wherin it is written that He possesseth vniustly which possesseth hauing the pretor for his author it were written the pope for his author in stead of the pretor for his author Soone after the king of France being not ignorant that the senior ought to deliuer his vassall from the danger of that euent which thing euen Bellaius Langaeus somtimes a most excellent light of France doth plainely testifie in his first booke of commentaries sent his armie to recouer Pompiopolis ouer which he set as captaine Dunosius chiefe gouernor of Aquitania and duke of Longouilla But it séemeth more conuenient to defer vntil some other time what happened both at that time and many yéeres after and to set it downe in a booke written of those things For it is sufficient for vs to vnderstand at this time that the king of Nauarre great grandfather to him that now is was spoiled of his kingdome for none other cause saue onely bicause he aided as he ought the king of France his neighbor his senior being excommunicate by pope Iulius proscribed and pronounced to be an heretike and schismatike Whereof not onely the French historiographers are witnesses and amongst these Arnoldus Ferronus and Bertrandus Helias but also the Italians and Spaniards and chiefly Stephen Garibaius in his 29. book Francis Tarapha and Anthonie Nebrissensis in his booke concerning the war of Nauarre * In which places me thinks we 1. c. 1. 2. 3. should not omit the arrogancie of a Spanish peasant as we say commonly who railed vpon and slandered the most wise and moderate king of France that euer was and that in these words Ludouike saith he the French king a man most inconstant Ch. 2. after the maner of his nation being not content to kéepe himselfe within his owne little skin that is within the borders of his own kingdom set his mind toward Italie And shortly after Therefore pope Iulius the second being angrie tooke the sword out of Peters hands and drew it against the rebellious and stubborne he declareth them to be schismatiks and therefore heretiks he maketh their goodes common for the execution of which sentence he calleth vpon Christian princes chiefly vpon our prince Also chap. 3. Therefore the gouernor of the countrie of Spaine fearing the rage of the French men doth exhort Henrie king of the Britans to whom Aquitania did belong to require it againe by war and that he might haue iuster cause to aske it againe the apostolike authoritie commeth betweene whereby he depriueth the French king of Aquitania let the senators and kings counsellers in France marke and giueth it to the king of Britane to possesse and enioie And by and by in that place where he bringeth in the pope conferring with his cardinals The king of Spain saith he must be holpen We must draw out both our swords against the common enimies of all good men the kings of France and Nauarre and whiles that we whet the one that is the secular in the meane season let vs bend the other namely the spirituall against the necks of schismatiks Therfore by the common decree of the cardinals the king of Nauarre was declared to be a schismatike and therefore an heretike bicause being often admonished he was waxen stubborne and he did openly professe that he was French He was fined in his kingdome and all his goods not onely he but also his wife and his sonnes with all their posteritie and all his right of being king was translated vnto Spain The Spanish Nebrissensis saith thus in as manie words wherby we vnderstand by what right by what author and for what cause the king of Nauarre was robbed of his kingdome Indéed Guicciardin in his 11. booke of his Italian historie setteth downe his iudgement touching this matter in these words When the king of Spaine saith he could not affirme that he did lawfully possesse the kingdome of Nauarre for any other cause or by any other title he reasoned that he had possession by the right of the popes commandement and authoritie of the holie sea For the pope being not well content with things that fell out happily in Italie had a little before published a decree against the king of France wherin calling him no more most Christian but most noble he made him and all that tooke his part subiect to the penalties of heretiks and schismatiks and hauing granted power by right to take and enioy their goods kingdoms and all that they had he declared them to be condemned To the same effect also writeth Arnoldus Ferronus a most learned historiographer in matters of France and sometimes senator of the Parleament holden at Burdeaux in these words Ferdinandus saith he king of Spaine so soone as he vnderstood of the league made betweene the kings of France and Nauarre turned his forces prepared against the French king against the king of Nauarre and