Francis the first that if any would imbrace the reformed religion they might be burnt aliue hauing their toongs cut out and hauing fire put vnder them Among the king of France his constitutions there be extant the edicts of that king published in the yéere 1534. and also in the fortieth and againe in the 42. by the authoritie whereof the Senators of the Parleament shed so much blood and yet with so great godlines and constancie of the martyrs that it séemeth that the posteritie will scarce beléeue it What these hellish fiends gained by this crueltie it is woorth the knowing by the testimonie of him thā whom no more plentifull witnes can be brought foorth in this kind That is king Henrie the second the father of these latter kings a prince as most men may remember most famous both at home and in war For his edict written at Castrobriant in the moneth of Iune 1551. is extant the words wherof are these All men might see before this with what studie and with how great contention our father whom God absolue king Francis being a most Christian king and most catholike endeuoured greatly during all his life time to roote out heresies which budded out in his realme against our holie faith and catholike religion and how manie lawes and constitutions the same king with the same mind and purpose did publish as the varietie and necessitie of times did require Notwithstanding that so great studie and indeuour did no great good For that disease was so spred through al the most noble families of our realm that it did infect like a certaine contagion the families of all sorts and orders Thus saith he in his edict which containeth six and fortie articles being all of them written most bitterly and sharply to stop the course of that religion Moreouer shortly after that is in the yéere 1547. there was another edict published by the same king wherin by name he professeth in manie words and doth plainly denounce that he hath omitted no labour no indeuor no diligence in suppressing that religion Onely so Nay surely saith he the more carefully and painfully we labored to do this so much the more that doctrine gat the vpper hand Surely we may coniecture what was his indeuor and trauell euen by that that all men know that there died of that miserable and bitter kind of punishment a great number of all sorts of men There succéeded these kings to wit the grandfather and father king Francis the second his edicts to wit sixe in number were most sharpe and vehement besides innumerable broad seales and letters patents which he sent continually through all parts of his kingdome with so great heate of mind and stomach that aboue thrée hundred men were in lesse than thrée moneths space tormented scortched burnt and as it was commonly written in the decrées of the senate brought into ashes by the decrées especially of the senate of Paris and Tholosa This so great abundance of blood that was shed might peraduenture satisfie euen the most bloodie tyrants such as the report goeth Cyclops Busiris Siron Phalaris Tython Gyges were in times past But so great crueltie cannot satisfie the pope of Rome whom we may rightly tearme a rebell against mankind It is woorth the hearing what good he did For there is extant a decrée of the same king Francis the second published at Ambosia in the moneth of March anno 1559 in these words which we would haue the kings Counsellers to read very attentiuely and to consider of what weight it is We to the end we might answere and satisfie our princely office were inforced to vse diuers kinds of punishments and paines as the state of things and times did require But by the instruments of criminall causes it is knowen and reuealed that a great number of men women ages kinds and of all orders were present at vnlawful and priuy sermons suppers baptizings administred by those for whom it was not lawfull to do that But and if euerie one of these should be put to torture as the rigor of our authoritie and lawes doth require there should woonderfull much blood be shed of men women virgins yong men of florishing age whereof some being induced and suborned other some being persuaded through a certaine simplicitie and ignorance other some inticed rather with a certain curiositie than of malice haue fallen into such errors and discommodities Which things if it should come to passe we should be greatly and continually sorie neither should that well agree either with our age or nature both which do inuite vs to vse clemencie gentlenes and mercie in this kinde Therefore we will haue all men know that when this whole matter was in due time handled by our Counsellers in our presence we are not determined to leaue this first yeere of our reigne famous to our posteritie as cruel bloodie and full of the murders of our silly subiects though they had greatly deserued this yea after the example of our heauenly father we are determined to spare the blood of our people and to bring backe our subiects to the way of saluation and to preserue their life hoping that through the Lords mercie it will come to passe that we shall do more good by the way of gentlenes and clemencie than by the rigor of punishments Therefore according to the opinion of our foresaid Counsellers we say appoint ordain that heerafter our subiects be not molested for the cause of crimes that are past which concern faith religion by our iudges of what sort and condition soeuer they be neither in iudgement nor without iudgement Moreouer we declare that we grant to our subiects a general pardon remission absolution for such crimes as concerne faith religion And shortly after By the authority of the king who was chiefe in this counsel according to the sentēce of the lords cardinals of Bourbon of Lorraine of Chastillon the dukes of Montpensier of Guise of Niuernois and of Aumale Thus far goeth Francis the second plainly as it appéereth declaring and testifieng that the tortures and punishments of former times did nothing at all auaile to extinguish this religion What did then the fiends and enimies of mankinde the popes of Rome What did they So soone as they perceiued that some of the nobles of that realme and furthermore that some of the princes of the blood roiall had tasted of that religion and had reiected the deceits of Bernardo and Dominick so soone as they foresaw that France would by little and little winde hir selfe out of the bondage of the papacie into Christian libertie finally so soone as they saw that so fat a praie would be taken out of their iawes they began to cast new firebrands of ciuill war throughout all parts of France That done when this would not serue they appointed furious massacres and butcheries to the euerlasting discredite of the name of France last of all when they perceiued that euen this way they
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
tender regard of his poore Church in this corner of the world grant vnto you that in the end returning home you may be receiued with such ioifull acclamations and songs of triumph as Dauid was by the daughters of Israel after his victorious subduing of the Lords enimies and in the life to come may be crowned with those pretious blessings which are reserued for them that to the vttermost of their power helpe the Lord against the mightie Your Honors most bounden and at commandement in the Lord CHR. FETHERSTONE London The third of October 1586. To the Reader CHristian Reader my onely drift and purpose in translating this Treatise was to acquaint my countriemen who are not skilfull in the Latine toong with such papall practises as are heerin described The title wherof being in the Latin copie BRVTVM FVLMEN I was first of opinion that I might well english it THE BRVTISH THVNDERBOLT But when I remembred with my selfe that words are no otherwise currant than as they are allowed by vse and the philosopher giueth good aduise when he saith Loquendum Arist. Top. 2. cum vulgo sentiendum cum sapientibus Our speech must be such as is commonly vsed howsoeuer our thoughts be the thoughts of the wiser sort and it hath not bin lawfull for the emperors themselues to giue as it were freedome of citie to words in Rome when they might enfranchise what persons they listed without controlement I would not aduenture to be the first coiner of so strange a terme strange indeed in respect of that sense to which it was to be applied without better warrant than I haue anie and therefore I haue expressed the authors meaning in some other maner thus THE FEEBLE FIER-FLASH that is * Bruta fulmina vana vt quae nulla veniant ratione naturae Plin. lib. 2. cap. 43. dull of force vaine and whereof no sufficient cause can be giuen in reason For such now a daies who knoweth not are those ordinarie anathematicall lightenings that breake foorth from the see of Rome as the Poet in his Aeneis attributeth to king Salmoneus Virgil. Aeneid 6. which may happely amaze and seduce the harts of them that haue bin all their liues long noosled vp in superstition error but as manie as God hath enabled by his grace to trie spirits they make no more reckoning of such foolish flames than they that walke in the night do account of that fire which is commonly called Ignis fatuus by which no wise man would suffer himselfe to be misled For the rest I submit all my trauell to thy gentle and curteous inteâ—preâ—â—â—â—on I haue done what I might seeing what I would I could not by reason of sicknes 〈◊〉 vpon me In which respect I shall the 〈◊〉 pardon for those sundrie ouersights which haue escaped me for want of sufficient conference with my friends Onely I praie thee let not the tedious narrations of Dominick and Francis setdowne almost in the first entrance keepe thee backe from wading through the whole worke No doubt but the author himselfe was halfe ashamed to make recitall of such grosse stuffe and absurd follies sauing that he had good reason to do that he did partly in respect of the present Pope and partly bicause such beastly vanities are highly esteemed in the church of Rome I confesse that the Iesuits are not altogither so palpablie grosse in outward shew howbeit he that listeth to take a taste of their extreem impudencie in lying may read * To which Melch. Canus applieth their common countrie prouerbe De luengas vias luengas mentiras their letters written from Iapan and the Indies with many other reports set downe in the life of their father Ignatius Layâ—â—â— full of like vanity They haue learned to lay fairer colors on their filthie corruptions to dazell the eies of the simple and ignorant But remooue those colours and they will quickly appeere to be birds of the same nest Their first Founder was neuer yet of greater name and fame than Dominic holie S. Francis Their doctrine vowes rules profession either the same in substance or not very much differing The other had their time of florishing in the world and so must these haue likewise till they returne backe againe to the bottomles pit out of the smoke wherof they ascended Reuel 9. 2. 3. to giue place peraduenture to some other new vpstart progenie of Locusts by whom the light of their credit also shal be obscured quite extinguished The Lord make vs thankfull for all his mercies towards vs and either conuert or confound the enimies of his euerlasting truth Thy brother in Christ Christoph. Fetherstone The blessings of our most holie Lord Pope Sixtus the fift against the King of Nauarre and the Prince of Condie Pag. 2. We exercise the weapons of our warfare against two sonnes of wrath Henrie Borbon sometimes King of Nauarre and also against Henrie Borbon sometimes Prince of Condie The former hauing from his youth followed heresies hath stood stubbornely in defence therof Pag. 4. The same lieng wallowing in filth being the head captaine and patrone of heretiks and rebels hath borne weapon against his most Christian king against him and the rest of the catholiks he hath with violence inforced his subiects to become partners in his impietie he hath caused conuenticles of heretiks to be kept Pag. 6. The Prince of Condie hauing two heretiks for his parents hauing followed the heresies of his father and mother entring the way of his father being a most wicked persecutor of the catholike church shewed himselfe an author of ciuil war and sedition he vsed alkind of fiercenes and crueltie being the detestable and degenerate issue of the house of Borbon Pag. 8. We pronounce them to be heretiks relapsed into heresies to be impenitent captains and fauorers of heretiks guiltie of treason against God and also to be enimies to the Christian faith that they are depriued and put from the former of and from the kingdome of Nauarre that the other and the posteritie of either of them are depriued of all principalities dukedoms lordships and fees honors and princelie offices that they were and are vnfit and vncapable to retaine the same In the same Page And in like sort that they are depriued vncapable vnfit to succeed in dukedoms principalities and kingdoms and specially in the kingdome of France and moreouer and besides of that high authoritie we haue we do depriue them and their posteritie for euer and we make them vnable to succeede in dukedoms principalities lordships and kingdoms namely in the kingdome of France Pag. 9. We absolue set free the Nobles feodaries vassals and al other which by any maner means are sworne to them from all such oth and dutie of faith and alleageance we forbid them that they presume not to obeie them In the same Page We admonish and exhort the most Christian king of France that he be diligent in executing our
Dominic was caried by the neighbors into the church in his tender yeeres to be put in a diuine office there was he left 5. From that time vntill the time of his youth we finde nothing authentically of the Lord saue onely that he increased in age as being true man in wisedome and fauor with God and men but this outwardly But Dominic did not onely increase in bodie but also in mind effectually 6. When the Lord was baptised by Iohn in Iordan the holie Ghost came downe in a doue vpon him to betoken the fulnes of grace and he went into the wildernes When Dominic saw the famine increase in all parts of Spaine and saw also that there were many that were in necessitie and that they had no comforter in feruencie of spirit he sold his bookes and stuffe and dispersed and gaue the price thereof to the poore and newly and apparently replenished as it were with the holie Ghost he did streightway betake himselfe to the rule vnder Didacus the bishop as another baptisme and spiritual desert sequestred from pleasures and worldly vanities 7. The Lord doth afterward gather togither a few disciples and in a short space multiplieth them sending them two and two to preach the kingdome of God Dominic taking with him but a few to lead a religious life had afterward a great number whom he appointed to preach the Gospell and to heale the sick 8. The Lord chose pouertie in himselfe and in his Apostles but he had bags to keepe those things that the faithfull did giue and these did Iudas carie but Dominic was a true louer of pouertie and exhorted his brethren to the same 9. The Lord when he led his disciples they were so hungrie that passing through the fields they plucked the eares of the corne they rubbed them in their hands to eate them and when it was now noone being wearie of his iournie he sent them into Sychar to buy meate and they eate therof by chance sometimes with vnwashen hands Touching the qualitie of the meate it is verily beleeued that they did eate no flesh but the Paschal lamb for the keeping of the law The patriarke Dominic who spent sometimes the whole Lent not onelie without meate but also without bread and water did moderate this sharpnes in his disciples giuing them leaue to drink wine and to eate white meates 10. Peraduenture some man will saie that it agreeth not with the similitude that the Lord said to his disciples Neither shall you haue shooes on your feete whereas notwithstanding Dominic and his go shod when they go abroad But we must know that that was a commandement during but for a time for which he granted a dispensation at his last supper For we may see that both the Lord did weare shooes in that which the Baptist saith whose shoo latchet I am not worthy to loose and also it was said to Peter in the Acts Take thine hose vnlesse some man say that he did weare hose but no shooes which was not commonly used And Marke a good imitator of him gaue a cobler his shoo to mende when it was broken So that the Lorde and his disciples went sometimes shod sometimes barefoote And so Dominic was shod when he was in cities but in his iourney he was oftentimes barefoote 11. When the Lorde was borne none other person but his owne mother Marie the virgin did wrap him in swadling clouts and when he was growne vp his mother hir-selfe with hir owne hands woue him his coate without seame and his other garments but of what colour it was we finde not namely least if it were knowne false prophets should weare the like and so should not be knowne to be rauening woolues The most blessed virgine Marie shewed Dominic and his order what apparell they should weare and also the colour thereof For she appeered to S. Raynold when he was sore sicke and healed him shewing him the garment which S. Dominic and his sonnes should weare namelie a great cope and a coat with a cowle al white 12. The Lord and Dominic being both virgins in mind and bodie and verie humble as the scripture doth witnes so Dominic was a most pure virgin and verie humble 13. Dominic as also Christ did not possesse his owne bed scarce resting his bodie on the grounde after his flood of teares 14. The Lords praier was alwaies heard when he would for which cause he said to the father I knewe that thou hearest me alwaies for though he were not heard in the garden when he praied that the cup might be taken from him this came to passe therefore bicause in asmuch he asked according to sensualitie he would not be heard according to reason But Dominic tolde a certaine religious man in the Lords words who was verie familiar with him that he did neuer ask any thing of God but he did obtaine it according to his desire 15. The Lord by his owne example did dedicate his Apostles to a mixed life that is a contemplatiue and actiue in preaching the virgin his mother and Magdalene to a contemplatiue For Marie stood at the feet of the Lord and heard his word Lu. 10. But Martha and the other women to an actiue So the Patriark Dominic like to another Noe made the arke of his religion which was made of wood glued togither with the morter of charitie hauing three roofes or loftes Placing his brethren togither with him in one to beholde heauenly things and to preach the mysteries of saluation taking to him the nunnes that were shut vp to contemplation in the second applying both men and women to the actiue life and in the thirde mansion bestowing the brethren and sisters which were called of the repentance of Iesus or the warrefare of Iesus Christ. 16. There departed 72. disciples from Christ being offended at the doctrine of Christ which they vnderstood not who when they departed Christ asked those that remained with him will you also depart But Peter answered in the name of them all Lord to whom shal we go And S. Dominic when he had with him some disciples being one day tempted they departed from him onely there staied three behinde to which Dominic also said will you also depart To whom one made answere God forbid father that forsaking the head we follow the feet At length as the disciples of Christ which went away returned to him againe so also the disciples of Dominic returned to him through his praier 17. The Lord did valiantly beare euen vntill death many mockes slanders and persecutions of those that sought to intrap him in his words sometimes to stone him somtimes to breake his necke Dominic did not regard scoffings reproches speakings against so that one did bind stubble vpon his back in mockerie others did cast dirt and other vile things at him 18. The Lord loued vs and washed vs from our sinnes in his blood And Dominic being not void of the perfection of charitie did bestow the
vsed long ago c. Where is that principalitie that was long ago giuen to the pope of Rome ouer the churches of the whole world by the emperor Constantine Let vs heare the next generall Synod gathered twentie yéeres after at Chalcedon that is in the yéer of Christ cccclj For when the bishop of Constantinople by reason of the sea of the east empire placed in his citie was sicke of the like and very same disease of ambition whereof our bishop of Rome is now sicke he did effect by his policie and subtil shifts that that mother citie which had so great dignitie should haue a certain priuilege aboue the rest and that he alone should appoint the Metropolitans of Asia Pontus and Thracia Whereby it came to passe that the authoritie of the church of Antiochia so greatly cōmended by Chrysostom and established first in the Nicene Synod and then afterward in the Synod of Constantinople was quite ouerthrowen Also by these deceits it was brought to passe that fower men should be appointed to gouerne the whole world who had metropolitans vnder their dominion or prouince For Africa was granted to the bishop of Alexandria the west to the bishop of Rome and to the bishop of Constantinople almost all that part of Europa and Asia except a few churches which were left to the bishop of Hierusalem for the antiquitie and authorities sake of the citie Therefore when as in times past archbishops patriarks and metropolitans were all one and were called by so many names confusedly somtimes by one somtimes by another afterward there were onely fower archbishops made who were also called patriarks which did beare rule ouer the metropolitans as we haue alreadie said For in the 28. chapter of the same Synod it is thus written And where the lawes of our most holie fathers that follow the same things do we also determine and decree touching the dignitie and excellencie of this most holie Church of Constantinople being newe Rome For our fathers did woorthily giue the first degree of honor to the sea of old Rome bicause that citie did then reigne And vpon like consideration the Cl. bishops louing God most deerly haue giuen like degree of honor to new Rome note these words the most holie sea decreeing for good causes that that citie which hath got so great honor that it should be both the sea of the empire and that it should haue a senate and should haue like degree of dignitie as the old sea of the empire of Rome hath haue euen in ecclesiasticall affaires like honor and dignitie as it hath seeing it is next to it Where did then that principalitie and lordship of the pope of Rome hide it selfe which Constantine gaue him as it is said ouer al Churches Let vs heare the words of the second Synod of Constantinople out of the 36. chapter Renewing those things which were ordained by the 150. fathers which were assembled in this citie preserued by God and in this princely citie and by the sixe hundred and thirtie that were gathered togither in Chalcedon we decree that the sea of Constantinople haue like dignitie with the sea of old Rome and that it be magnified as well as the other in ecclesiastical businesses note these words seeing it is next to that and next to it let be the bishop of the great citie of Alexandria and next to this the bishop of Ierusalem But afterward the number of the archbishops was increased by little and little as pleased the emperors For the emperor Iustinian gaue that honor to the citie of his countrie Nouel 11. where hée writeth thus Being desirous to increase our countrie manie and diuers waies wherein we were borne by the appointment of God we command that the most holie bishop thereof be made not onely a metropolitan but also an archbishop and that certain prouinces be vnder the authority therof that is Dacia that lieth in the continent Dacia that lieth neere the sea coast Mysia the second and Dardania and Preualitana c. Also in the conclusion We decree that the archbishop thereof be ordained by the reuerend councell of metropolitans There were also other cities called by the same name Iustinians cities in Africa Instinians Carthaginensis which the same emperor adioined to the Romane empire in the yland Cyprus Iustiniana the country of his wife Theodora whereto Iustinian gaue like prerogatiue of right honor and dignitie Therefore by these appéereth the manifold impudencie of the popes of Rome first therein bicause in those times they reckon onelie fower patriarchies or archbishops seas also in that that they make their sea to surmount those fower seas do challenge to themselues superiority and iurisdiction ouer them secondly bicause they take to themselues the authoritie and power of those patriarks séeing it appéereth most euidently that that authoritie and power did belong to the emperors all which that they may appéere more plainly and euidently we will content our selues with one onely testimonie of the same Iustinian whose words are these in the 230 Nouel turned into Latin by Iulian Antecessor Therfore we command the most blessed patriarks that is the pope of Rome and of Constantinople and of Alexandria and of Theopolis that is of Antiochia and of Ierusalem seeing that it is a custome c. And by and by And the metropolitans which are consecrated by their counsell or by the most blessed patriarks or by the metropolitanes c. Also Nouel 131. Let the pope of Rome saith he sit aboue all bishops and patriarks and after him the bishop of the citie of Constantinople let the archbishop of the first Iustiniana haue vnder him the bishops of Dacia in the continent and Dacia toward the coast also those of Praeualena and of Dardania and of the vpper Mysia and of Pannonia and also let him bee consecrated by them and let him haue the same priuileges ouer them which the pope of Rome hath ouer the bishops that are placed vnder him Therfore it is euident that in the first times of Christian libertie there were only fower patriarks being all of equall honor dignitie iurisdiction authoritie degrée saue onely that the patriark of Rome sat vppermost in generall Synods bicause of the old dignitie of old Rome and that then the number of the patriarks was increased not by the pope of Rome but by the emperor of Rome so that there were first fiue then six then seuen and last of all eight for we reckoned so manie vnder Iustinian Wherby we will also haue men marke the notorious fraud and impudencie of the pope of Rome in corrupting that 36. chapter of the Synod of Constantinople For in Gratian dist 22. c. renouantes they haue thus translated the Gréeke words of the Synod Renewing the decrees of the holie Councell of Constantinople we craue yea we decrée 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that the sea of Constantinople haue like priuileges which the former Rome hath Yet let it not be magnified 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
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
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