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A03718 The brutish thunderbolt: or rather feeble fier-flash of Pope Sixtus the fift, against Henrie the most excellent King of Nauarre, and the most noble Henrie Borbon, Prince of Condie Togither with a declaration of the manifold insufficiencie of the same. Translated out of Latin into English by Christopher Fetherstone minister of Gods word.; P. Sixti fulmen brutum in Henricum sereniss. Regem Navarrae & illustrissimum Henricum Borbonium, Principem Condaeum. English Hotman, François, 1524-1590.; Fetherston, Christopher.; Catholic Church. Pope (1585-1590 : Sixtus V). Declaratio contra Henricum Borbonium. English. 1586 (1586) STC 13843.5; ESTC S117423 154,206 355

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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
cōmitted to him It followeth Casting down from their throne those that are mightier he throweth them downe euen to the ground as ministers of proud Lucifer How madlie the drunken frier inuadeth the place of Isaias * which doth properlie Ch. 14. concerne the popes of Rome and the vniuersall priests of the church For Gregorie the great doth plainly testifie that vnder the person of Nabuchadnosor the vniuersal pope is described For in hel there are brought in the damned kings princes comming out as it were to méete the pope and to welcome him comming vnto them after his death and mocking him thus Hell was afraide bicause of thee against the meeting of thy comming al the princes of the earth that are dead arise to thee All the kings of the nations rise out of their throns and they speak vnto thee on this wise Art thou also become weake as one of vs and art thou become like to vs Thy pride is drawne vnto the hell O Lucifer when didst thou fall from heauen thou sonne of the morning and art cut downe to the earth that didst terrifie the nations But thou saidst in thine hart I will clime vp into heauen I will exalt my throne aboue the stars of heauen I will clime vp aboue the height of the cloud and will become like to the most highest Those that see thee shall saie Is this he that troubled the earth and did shake kingdoms Now let vs heare Gregorie out of his fourth booke of Epistles ch 82. where he applieth that place of Isaias vnto him that did professe himselfe to be pope and vniuersall bishop I will clime vp saith he aboue the height of the clowdes I will be like to the most highest For what are all thy brethren the bishops of the vniuersall church but stars of heauen Before whom whiles thou couetest to set thy selfe by a worde of pride and to tread their name vnder foote in comparison of thee what else dost thou say but I will clime vp into heauen I will exalt my seat aboue the stars of heauen Whom whiles your brotherhood despising them doth go about to tread vnder foote what other thing saith it but this which the old enimie saith I will clime vp aboue the height of the clowds Al which things when I behold weeping c. By which words it is vnderstood that the place of Isaias concerning Lucifer cast downe into the neather most part of the earth and of his crueltie thrust downe into hell doth not belong to the most noble king of Nauarre than whom the sunne beholdeth nothing more méeke more gentle but vnto our Polyphemus Sixtus the fift and vnto his pride in treading vnder-foote the maiestie of kings But if we must cut the throat of this gyant with his owne sword lo we haue a plaine text in his owne decrée * where it is thus written Lucifer de poeniten dist 2. §. qui vero reprobi whiles that he presumed of himselfe in pride he was cast downe from paradyse into hell Also * Whiles Nabuchadnosor waxing proud in 23. q. 5. §. hinc notandum his hart said Is not this Babylon which I haue built c. God did foorthwith change his reasonable mind and he changed him into the forme of beastlines so that flieng from men he liued with beasts Which words he reciteth referring them vnto the pope which we wil haue especially noted and he commendeth Ludouike of Rome * But now let vs procéed in cons vlt. num 2. to the rest after we haue added that one thing out of the 38. leafe of the booke of the Conformities bicause mention is made of the seat of Lucifer The peace making Frier being caught vp into heauen whether in the bodie or without the bodie God knoweth let the readers consider how wickedly the vile munk doth mock the words of Paul and he saw in heauen manie seates amongst which he saw one higher than his fellowes bedeckt with pretious stone And he heard a voice saieng to him This was Lucifers seate and in his place shall humble Francis sit And this surely is that which we said before that Francis Bernardo togither with the rest of his stage plaiers and comicall mates shall haue a place in Lucifers kingdome so that we néed not greatly dispute whether Francis or pope Sixtus the fift a bishop of the order of Francis is worthie the seate It followeth in the bull According to the care for all chruches people and nations that lieth vpon vs. Good Lord What a burden hath our great cowled Frier taken vpon him séeing he hath taken vp vpon his shoulders the care both for all churches and people nations We will héerafter cease to woonder what is the cause that painters haue in his image painted the form of one that stoupeth Scarce Atlas who they say held vp heauen did beare a heauier burden What shall then become of vs if the pope begin to faint and faile vnder that so great a burden which he complaineth to lie vpon his shoulders alone They say that the cause of a certain melancholy persons gréefe was bicause he was afraid least Atlas who had so long borne so great a burden should at length sinke vnder it But we thinke it good to set downe in this place a certaine pleasant narration of William Budeus a man as I said before that loued his countrie and was very learned touching these Atlasses out of his fift booke De Asse A certain pleasant and merie preacher saith he was woont not long ago to cauill at them and to say that they seemed to him to be such as are those corbat images in churches which are set vpon posts or pillers For as we see some of these images as it were yeelding vnder their burden which are either in stead of corbats or else they reach without the mortesses of the corbats and they seeme to one that beholdeth them as if they tooke great paines and swet with bearing the worke whereas indeed they are without feeling and they help the strength of the stones nothing howsoeuer they seeme to take great paines so we see these Atlasses set and placed vpon the very tops of the pillers in the temple of the Lord hauing indeed that false honor and maiestie of titles like reuerend old men and their custome is to pretend holines and to beare a faire shew of reuerend old men that vnderprop the Lords sanctuarie but when we behold their blockish ignorance or dissolute carelesnes it is euident that they do no more good than images of stone But it séemeth that we ought not to omit that which Antoninus archbishop of Florence whom we haue sundry times before mentioned hath taught vs that when as long ago the pope began to faint vnder so great a burden there were some found that did vnderprop him with their shoulders namely Dominican Friers For he writeth thus * Dominic Histor. part 3. tit 23. §. 3. fol. 191. went
or to sing and say their masses furnished and armed with brest-plates helmets tergats swords with other weapons Onely so Yea saith he as the emperor his power is adorned with diuers offices of chamberlaines door-keepers and garders so we wil haue the holie church of Rome garded and adorned and that they ride vpon horses most white and that like as our senate vseth shooes with latchets * so let them be clad in most white linnen Is there any of so great a number of the Senators of the king of France who when he remembreth the humilitie and modestie of Christ and his apostles doth not with all praiers detest this pride and hautines of the popes Moreouer he saith that if the pope will choose any of Constantines senators into the order of the clergie let them not proudly refuse that honor With a mischiefe what tyrannous barbarisme is this that it is lawful for any college of clerks to choose at their pleasure any one of the order of the senators whom they will also make a clerke or munke against his will He procéedeth and that the lawiers may remember that a doubled spéech hath greater force he saith again that he giueth both his pallace and citie of Rome and the prouinces places and cities of all Italie and of the west countries to all the popes of Rome vntil the end of the world Moreouer he adioineth the forme of his grant and deliuery that he may afterward translate himselfe vnto the East countries hauing left the empire of the West in the popes possession and that he may place the sea of his empire in Bizantia adding moreouer a very fit cause Bicause saith he it is an vnmeet thing that an earthly king should beare rule in that countrie where the head of Christian religion and the principalitie of priests is placed by the king of heauen He did excellently make himselfe the beginning of this sentence for in the time of Constantine that is two hundred yéeres before Iustinian the deliuerance of the emptie possession was requisite to make a donation but there be many other things that do disturbe the matter First bicause if Constantine gaue to Syluester the emptie possession of that countrie he could not afterward in his will leaue it to his sonne Constantius séeing the alienation of any thing made among those that are aliue doth leaue no place for making anie will l. 6. c. de test l. sequens 52. D. de leg 2. thereof * But if the donation were made after that diuision made among his sons it was plainly void and of none effect bicause the diuision that a father maketh among his sonnes hath the force of a testament l pen. l. vlt. C. fam excisc cum similibus and therefore of a last will Secondly with what godlines could Constantine who had thrée sonnes and two daughters do so great iniurie to his children as to depriue them of halfe their inheritance and to giue the same to a stranger especially to a wretch and vile person For that is a pretie saieng of Augustine Whosoeuer he be that will disinherit his sonne and make the church his heire let him seek another to take it than Augustine Where also the fact of that 17. q. vlt. c. vlt. bishop is cōmended who restored al again to a certaine testator who hauing no children left his goods to the church then afterward had children contrarie to his hope and expectation Which selfe same thing is set downe 13. q. 2. c. si quis irascitur But nothing is so ridiculous as is that reason of his purpose which the counterfet Constantine addeth That it is vnmeet that in the same citie wherein a priest sitteth as chiefe the emperor should haue the sea of his empire Wo to thy head most holie hangman For what shall we say of Salomon of Aza of Iozia and other godlie kings of the Israelites who placed the sea of their kingdome at Ierusalem What of Theodosius who had his at Mediolanum But that we may not go far for examples what shall we say of Constantius sonne to Constantinus who according to his fathers testament did not onely exercise his empire and iurisdiction at Rome but also he put from the popedome and thrust out of Rome pope Liberius for taking vpon him the defence of Anastasius a bishop a certaine magician sacrilegious person as Theodoricus Zozomenus and Ammian Marcellin lib. 15 haue left it written But now let vs returne to our purpose for last of all there is a fearfull decrée set downe If any saith he of our successors shall be a violater or contemner let him be subiect to eternall damnation being insnarled and let him burne in the neathermost hell with the diuell and the wicked But Constantine brought this curse first vpon himselfe who as we said euen now in his last wil gaue the empire of the West to his eldest son finally he was bound with the same curse whosoeuer possessed as his owne either the West or any part of the West either by the name of king or duke or by any other name And by this reason there hath béene none that hath béene king either of France or Spain héertofore that burneth not in the neathermost hel with the diuell and all the wicked And now can we find any so ignorant of the Latin toong that séeth not that the maner of spéech which the writer of the same instrument vseth is far vnlike to the custome of that age Which part of reprehension Platina did not omit in that Syluester But Laurentius Valla a man of most sharpe iudgement in this kinde did more at large prosecute it Whereto we will adioine this one thing if anie man consider the maner of phrase wherein the lawes of Constantine are written in the booke of Theodosianus and Iustinian he shal soone perceiue without any great ado that this instrument came out of the same shop which we shewed before out of the Conformities of Francis or out of the life of Dominick And we must not passe ouer with silence another cosoning knacke of a certain latter pope of Leo the 10. as it séemeth who to the end he might with some color couer that corruptiō of spéech basenes of stile he heaped falsehood vpon falsehood For he suborned a certaine hungrie Grecian called Bartholomew Picernus and afterward Augustine Steuchus the maister of his librarie to saie that they found in I cannot tell what librarie of the popes that instrument written in the Gréeke toong and that then they translated it somwhat more fitly into the Latine toong Which inuention Gregorie the 13. hath now of late confirmed in the last edition of the decrée of Gratian. But all the lawes of Constantine are extant in the foresaid bookes of Theodosianus and Iustinian written in the Latin toong though they were published both at Constantinople and in a citie of the Grecians and among the Grecians Furthermore Eusebius in his thirde booke
ecclesiasticall affaires as the other but this being next after that before the sea of Alexandria be reckoned then that of Antiochia and after it that of Ierusalem Of which forgerie that no man may doubt we will cite the Gréeke words themselues 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 We decree that the sea of Constantinople haue like priuileges as the sea of old Rome and that it be magnified in ecclesiasticall matters as the other But peraduenture some man wil say that that fault is amended in the edition of Gregorie the 13. and that in stead of Non tamen or notwithstanding is put Necnon and also Very well For first of all by this reason the pope is compelled to grant that he is conuict of most manifest forgerie and that he vsed that forgerie and corruption for more than thrée hundred yéers wickedly deceitfully to cosen deceiue the church of Christ And furthermore that that forgerie would neuer haue béene amended vnlesse he had béen long ago accused and conuict of falsifieng by our men But what will either Gregorie the 13. or our Sixtus say to this selfe same forgerie repeated and renewed in c. antiqua extra de priuileg where there is also a more filthie forgerie committed Renewing the ancient priuileges of the seas of the patriarks we decree that after the church of Rome which by the Lords disposition hath the principalitie of ordinarie power ouer all other churches as being the mother and mistresse of all the faithfull the sea of Constantinople haue the first place the sea of Alexandria the second the sea of Antiochia the third the sea of Ierusalem the fourth reseruing to euerie one hir owne dignitie so that after the bishops of those places haue receiued the cloke from the bishop of Rome which is a token of the fulnes of the popes office hauing taken the oth of faithfulnes and obedience freely c. Is there any either so hard harted or so dull spirited whom this so great impudencie of the popes in corrupting the moniments of the Church of Christ cannot mooue And yet we must not passe ouer in silence another like impudencie For whereas it was decréed against the Ex c. placuit 2. q. 6. pope of Rome in the sixt Synod of Carthage at which S. Augustine was present that no man should appeale to his sea from the churches beyond the seas if any durst be so bold as to appeale he should be excommunicate yet the same pope in that chapt placuit after these words But as for him that shall thinke that he may appeale to places beyond the sea let none within Africa receiue him to the communion he added this exception impudently Vnlesse peraduenture he appeale to the sea of Rome where Gregorie the 13. being of late manifestly conuict of trecherous falsehood and forgerie added this excuse These things are written in the old copies as the words of Gratian. Very well againe For by this means we sée the intollerable impudencie of the popes of Rome who haue not onely purposely corrupted with that exception the decrée that was written against their ambition but also they deceiued the Church of Christ with that lie for the space of more than thrée hundred yéeres vntill our men found out that forgerie and iugling And bicause we take this paines principally for our countrie men the French men it shall not be vnappertinent to shew out of Doctor Bernard in his owne words what befell Paris in times past by this ambition of appealing to Rome This happened saith Lib. 3. de consid he at Paris the noble citie of France the kings sea A certaine man was openly betrothed the solemne day of the marriage came all things were prepared many were bidden and behold a man coueting his neighbors wife brake forth into a sudden appeale affirming that she was first deliuered to him she ought rather to bee his the bridegroome was daunted they were all husht the priest durst not proceede all that preparation was dasht euery one went home to his owne house to eate his owne supper The bride was suspended from the table and bed of the bridegroome vntill returne was made from Rome Againe in the same citie of Paris a certaine man hauing betrothed a wife to himselfe appointed the marriage day in the meane while began a cauill for some said that they ought not to be ioined togither The matter was brought before the church But an appeale was made before sentence was giuen Yet neuerthelesse he did accomplish that he purposed contemning or making as if he knew not of the appeale Go to let vs consider the state of the later time For in the yéere CCCCXXCV there was a synod at Carthage and that a generall one whereunto the bishop of Rome sent thrée legats Faustinus Philip and Asellus with these commandements that his authoritie right that was granted him by the Nicene synod should be reserued for him namely that appeal should be made from all Metropolitanes to him Then at a sudden the scribe called Daniel was commanded to reade those commandements and also that chapter of the Nicene synod which the pope of Rome had adioined for an instrument of his matter The whole fift chapter of the synod of Sardis was read which the bishop of Rome had fraudulently wickedly cogd in in stéed of the Nicene synod All the bishops and archbishops that were present at that time denied that euer they read that in the Nicene synod Therefore they agréed that the copie of the Nicene synod should be read which they then had in their hands There was no word of appealing It was decréed that certaine men should be sent to Constantinople to Alexandria and finally to Rome that they might fetch their copies of the Nicene synod but especially to Constantinople where the authoritie it selfe or the originall of the Nicene synod was kept The yéere following they were brought They were read There was no suspition of that priuilege and chiefe authoritie of the bishop of Rome That could not be found in any place of the Nicene synod yea on the contrarie it was decréed in the selfe same synod that he should kéepe himselfe within his bounds as other popes and metropolitanes Wherefore if he were wise he would hencefoorth content himselfe with his diocese and dominion and would not incroch vpon another mans possession To this sentence subscribed two hundred and thirtie fathers and among those those same whom we named before Faustinus bishop of the church of Potentia legate of the pope of Rome Philip a priest and legate of the same bishop of Rome Asellus a priest and the same bishops legate And moreouer the synod alleaged these foure causes of that decrée of the Nicene fathers Which it is not vnappertinent to repeat The Nicen fathers did most prudently iustly prouide that all maner businesses should be ended in their places where they began that the grace of the holie Ghost would not be wanting in euerie
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