The Brutish Thunderbolt, Declaration 1 · Part 1 – Part 2
Of the incompetencie or inſufficiencie of the iudge.
THerefore the firſt cauſe of Nullitie is the incompetencie of a raſh iudge, which appéereth therby, bicauſe the papacie of Rome which hath taken this iudgement vponupon it againſt ſo great princes, hath long ago béene condemned for ſeuen moſt grieuous crimes, by the moſt part of Chriſtendome: namely, England, Scotland, Denmarke, Sweueland, the moſt part of Germanie, and alſo the moſt part of Heluetia: namely, for impietie, for exerciſing tyrannie in the Church, for corrupt religion, ſacrilege, treaſon, rebellion, and forgerie. And it is certaine, that although the popedome had not béene condemned for ſo great crimes, but had béene onelie found guiltie, yet notwithſtanding I do not ſaie that it is not lawful for it to be a iudge, but not ſo much as to accuſe the baſeſt or ſimpleſt man of anie crime of offence, vntill it hauehave fitly purged it ſelfe of all crimes: ſo far off is it that in this ſo great a ſtate of matters the pope can condemne ſo great, and ſo famous and mightie princes of ſo great wickednes, eſpecially being vnheard and before their cauſe is tried al. neganda, 19. c. de publ. iudic.. Which the Canoniſts themſelues doe teach b4. quaeſt. 1. c. 1. 25. q. 1. c. omnes. 24. q. 1. ca. ait. & duobus cap. ſeqq.. And which more is, ſéeing in this cauſe of the foreſaid princes the matter and ſtate of the paparie it ſelfe is handled, none, either ciuill or natural reaſon, doth ſuffer the pope to ſit as iudge in his owne matter, and to giuegive ſentence for himſelfe in his owne cauſe cl. qui iuriſdictioni. D. de iuriſd. l. 1. c. ne quis in ſua cauſa iud. l. Julianus, 17. de iud.. But and if the pope be not a fit iudge in this matter, but an vncompetent and vnfit iudge, as it ſhall plainly appéere by thoſe things which we ſhall héerafter ſpeake: it followeth that the ſentence pronounced by him is none in law, & that of it ſelfe, and without any appeale it falleth to the ground. And we cannot doubt, but that l. 1. & paſſ. ca. ſi a non compe. iud. l. 6. § quod ſi quis, D. de iniust. rupt. test.the iudgement and authoritie of the moſt part of Chriſtendome aforeſaid, ſhall be of great importance with magiſtrates and orders, and principally with the Parleament of France: ſéeing it is euident that this is the law of all nations, that in deliberations eſpecially being hard & weighty, iudgement be alwaies giuen according l. item ſi vnus. 17. § vlt. & l. ſeq. D. de recep arbit.to the ſentence and opinion of the moſt part: eſpecially where the more part is iudged not onelie by the number of perſons, but alſo by the maner and quantitie of the vniuerſall order: as when of thrée parts of iudges, two make a departure: ſuppoſe eight of twelue: but that England, l. 3. de decret. ab. ordin. fac. l. 3. & l. 4. D. quod cuiuſque vniuer. l. nominationum. 46. c. de decurio. l. quod maior. 19. D. ad municip.Scotland, Denmark, Sweueland, the moſt part of Heluetia, and part of high and low Germanie, are two parts of thrée of Chriſtendome, and that therfore they ſhal hauehave great weight and authoritie with the orders and Parleament of France, we neither can nor ought to doubt, for our ſingular iudgement of their wiſedome. Moreouer, it ſéemeth that we ought not to let ſlip euen that, that the pope is reiected for an vnméete and incompetent iudge, not onelyonly of the moſt part of Europe, but alſo of thoſe Churches and nations, which in Africa, Egypt, Syria, the Eaſt, Aſia, and Grecia do profeſſe their name among Chriſtian Churches.
The manifold crime of impietie, and first for arrogating to himſelfe the Godhead.
THerefore the firſt crime wherof the papacie is conuict and condemned of the moſt part of Europe, we ſaie is impietie, and that thréefold: the firſt bicauſe the pope doth get to himſelfe a certaine Godhead: ſecondly, he derideth and mocketh Chriſtian religion: laſt of all he bringeth in into the Church falſe and forged religions. The teſtimonies of the firſt impietie are theſe: The pope doth both reioice and boaſt that he is called God *: where it is written thus: It is ſufficiently declared, dist. 96. ſatis.that the pope cannot at all be either bound or looſed by the ſecular power, who, as it appeereth euidently, was called of the most godlie prince Constantine, God: ſeeing that it is manifest that God cannot bee iudged of men. Which place Auguſtine Steuche a moſt earneſt defender of the pope, and the kéeper of his librarie in the booke of the donations of Conſtantine, pag. 141. praiſing and reciting, addeth this: Doest thou heare that the highest biſhop was called of Constantine, God, and that he was taken for God? This was done when he adorned him with that excellent edict, He worſhipped him as God, as the ſucceſſor of Christ and Peter: he gaue him diuine honor, ſo far as he could, he worſhipped him as the liuelie image of Christ. Thus writeth Steuchus in the foreſaid booke, printed at Lyons, anno 1547. Of the ſame kind of impietie is that of the gloſſe in the preface of Clement: The pope is neither god nor man, but he is a neuter betweene both. Alſo that other in ca. fundamenta, de elect. in 6. where, when it was written in the text, that the pope is ſubiect to no man, he addeth thus, And in this point the pope is no man, but Gods vicar. There followeth another blaſphemie out of the booke of the popes ceremonies. The pope, ſaith he, in the 1. tit. 7.night of the natiuitie of the Lord doth bleſſe a ſword, which he doth afterward giuegive to ſome prince, for a token of the infinit power giuen to the pope: according to that, All power is giuen me in heauen and earth. Alſo, He ſhall beare rule from the one ſea to the other, and from the riuer vntounto the worlds end. But there is no more deadly and deteſtable blaſphemie found any where than is that *, where in c. quoniam, de immunit. in 6.the pope calleth the Church his ſpouſe. We ſaith he, being vnwilling to neglect our righteouſnes, and the righteouſnes of our ſpouſe the Church, &c. For all men agrée in this, that this is proper to Chriſt onelie, to be called the huſband of the Church, and that the Church ſhould be called his ſpouſe: as it is in Paul *, I hauehave coupled you to one husband, 2. Cor. 10.to preſent you a pure virgin to Christ. But let vsus heare other, ſuch as is that, The pope is he whom the whole Church ought to obey. 1. dist. 93.Alſo, When the pope diſſolueth matrimonie, C. inter corporalia de tranſlat. praelat.it ſéemeth that God alone diſſolueth it, bicauſe the pope is canonically choſen to be God vponupon earth. The pope hath Fel. in cap. ego N. de iureiur.the place vponupon earth, not of a pure man, but of a true God. Alſo, If the pope ſhould c. ſi Papa, dist. 40.thruſt into hell whole troups of ſouls, yet were it not lawfull for anie man to aſke him this queſtion, Why doeſt thou this? Is there any that thinketh aright of Chriſtian religion, which in theſe monſters of words doth not plainly know Antichriſt? of whom Paul ſaith thus, 2. Theſ. 2. That wicked man ſhall be reuealed, that ſonne I ſaie of perdition, which ſetteth and extolleth himſelfe against that which is called God, or diuine power: ſo that he ſitteth in the temple of God, boasting himſelfe as if he were God. What? that he durſt alſo profeſſe and openly boaſt that the force and holines of his ſeat is ſo great, that what baudie perſon ſoeuer, or man how wicked ſoeuer, periured perſon, or vngodlie perſon ſhall ſit in that ſeat, he doth drawe holines foorthwith from that ſitting? Of which wicked blaſphemie this in cap. non nos, dist. 41.teſtimonie is extant. Saint Peter tranſmiſed the euerlasting gift of his merits with the inheritance of his innocencie, vntounto his posteritie. That which was granted him by the light of his actions, appertaineth to thoſe whom like brightnes of conuerſation doth illuminate. For who can doubt that he is holie whom the top of ſo great dignitie doth aduance? In whom if good things gotten by merit be wanting, thoſe are ſufficient which are performed by the predeceſſor of the place. What? me thinks we heare that fable which the poets feigned touching the thrée-footed ſtoole of Apollo, and of the déepe hole, from which came ſuch a breth, that ſo ſoone as the propheteſſe of Apollo was once ſet vponupon that ſtoole, hauing receiued behind hir the ſpirit of diuination, ſhe did foorthwith powre Strab. 9.out oracles? And yet that deteſtable blaſphemie of the popes champion is ſhortly after ain c. multi., moſt manifeſtly reprooued by the words of Chryſoſtom: by which and ſixe hundred other places of the decrée of Gratian we may iudge of the follie of that booke. But go to: let vsus now bring to light other teſtimonies. The pope is God vponupon earth according to Baldus bin l. vltim. c. ſent. reſcind. Decius in c. 1. de const. Felin. in c. ego N. de iure.. The pope and Chriſt make one conſiſtorie: ſo that except ſinne, the pope can do as it were al things, which God can do, and he can be iudged of none: according to Abb cin c. licet. de elect.. and thoſe things he doth, he doth them as god, not as man dc. inter incorpor. de tranſlat. praela. Car. Pariſ. in conc. 63. num. 162. vol. 4.. The pope is a certaine diuine power, and as it were bearing a ſhew of a viſible God: as Ludouicus Gomeſ. ſaith ein reg. cancel. The pope can make righteouſnes of vnrighteouſnes fca. debitus, de appellat.. The pope can diſpenſe againſt the Apoſtle, and againſt the Apoſtolike canons g31. diſt. c. lector. 87. dist. praesbyter.. The pope is aboue the law hc. propoſuit de conc. praeb.. That which the pope doth, muſt be counted as don of God ic. quanto de tranſl. praelat.. A part of which blaſphemies Philip. Deci. kin conſil. 137 diligenter pro tenui. num. 3. vol. 1.reckoneth vp. And Iaſon, beſides theſe before mentioned, reciteth theſe out of the opinion of the ſame canoniſts: which notwithſtanding (as it doth plainly appéere) he doth not allow. The pope is all, and aboue al, according to Baldus lin l. Barbarius, De officio Praetoris.. The pope can do all things aboue law, contrarie to law, and without law, according to Baldus min c. cum ſuper, de cauſis prop. & poſ.. The pope is Lord of lords, and he hath the authoritie of the King of kings ouer his ſubiects nin c. Eccleſia vt tit. pendent., according to Baldus. The pope can change ſquare for round: according to Hoſtienſis oin c. cum veniſſent, de iud.. It is ſacrilege to doubt of the popes power pl. ſacrilegij, c. de crim. ſacril.. For the pope is the cauſe of cauſes. Wherefore we must mooue no question about his power, ſeeing there is no cauſe of the first cauſe: according to Baldus qin d. c. Eccleſia, vt tit. pend.. And no man can ſay to the pope, why doſt thou ſo? according to Specul rin tit. de leg. § nunc oſtend. ver. 89. & Bal in praelud. feud. Thus writeth Iaſon word for word ſin conſil. 145. circa primam, num. 3. vol. 1.. Which ſelf ſame things in a maner he doth repeate againe, only a few words being changed tin conſil. 95. requiſitus. coll. pend. vol. 4.. Me thinks we hauehave ſet down arguments ynow of the firſt impietie of the pope, ſo that the famous Councellers of the king of France, and the Senators of the Parleament may know and vnderſtand, that the moſt part of Chriſtendome hath for moſt iuſt and weightie cauſes reiected and refuſed the papacie. But notwithſtanding we will ad moreouer ſome other things, and that eſpecially: That, the pope hath ſo great power both in purgatorie, and alſo in hell, that he may deliuer by his indulgences, and foorthwith place in heauen, and in the habitation of the bleſſed, as manie ſoules as he will, which are tormented in thoſe places: as it is in the bull of Clement the 6. and in Ant. Florent. That the pope hath ſo great power in heauen, part. 3. tit. 22. cap. 6.that he may canonize and place in the number of the Saints, what dead man ſoeuer he wil, maugre the heads of al the biſhops and cardinals. Thus writeth Troilus in tract. de canoniſ ſanct. 3. dub.Maluit. By which and ſuch like we may know how true that oration of Eberard ſomtimes Archbiſhop of Saliſburge, was, which he made two hundred yéeres ago in a publike aſſemblie of the Empire of Germanie, which we will recite out of the 7. booke of Iohn Auentine his Chronicle, printed at Ingolſtade, anno 1554. The chiefe priests of Babylon, ſaith he, deſire to reigne alone: they cannot abide an equall. They will neuer hauehave done vntil they hauehave troden all vnderunder their feete, and they ſit in the temple of God, and they be exalted aboue all that which is worſhipped. Their hunger for riches, and thirſt for honor, can neuer be ſatisfied. The more you grant to a greedie man, the more he deſireth: reach out your finger, and he will couet your whole hand. He which is the ſeruant of ſeruants, doth couet further to be Lord of lords, as if he were God. He ſpeaketh great things, as if he were God. He changeth laws, he establiſheth his owne: he polluteth, he robbeth, he ſpoileth, he coſeneth, he ſlaieth, that wicked man whom they commonly call Antichrist: in whoſe forehead is written a name of blaſphemie, I am God: I cannot erre. He ſitteth in the temple of God, he beareth rule far and wide. Thus ſaith Eberard. Moreouer in the ſame Auentine in the ſame booke, there is extant this complaint of Frederike the 2. being Emperor, in an epiſtle which he wrote to Otho Duke of Bauaria. The popes of Rome do ſeeke after lordſhip and diuine power; namely, that they may be feared of all no otherwiſe, yea more than God. For it is euident that there be manie Antichrists amongst thoſe Romanists: and that none other are the ouerthrowers of Chriſtian religion. And ſhortly after: That man that is called the pope, namely, being become verie wealthie, with the great loſſe of Chriſtian godlines, doth thinke that he may do whatſoeuer he will, as tyrants vſe to do. He will render an account of his doings to none, As if he were God. He vſurpeth that which belongeth to God alone: that he cannot erre, or be holden with anie religion of a lie: he doth require most impudently and imperiouſly to be beleeued. Thus writeth he. Moreouer, Eraſmus in his Annotations of the new Teſtament. 1. Tim. c. 1. doth witnes, that in his time in the ſchooles of the diuines, theſe things were woont to be called in queſtion and diſputed vponupon. Whether the pope could abrogate that which was decreed by the apostolike writings. Whether he could decree any thing which is contrarie to the doctrine of the Goſpell. Whether he can make a new article of the faith. Whether he hauehave greater power than Peter, or like power. Whether he can command the Angels: whether he can take away all purgatorie: whether he be onlie man: (O deteſtable blaſpemie) whether as he is God, he do participate both natures with Christ, whether he be more gentle than was Christ, ſeeing it is not read that he called backe anie from the paines of purgatorie. Whether he alone of all men cannot erre. Sixe hundred ſuch like things are diſputed in great printed bookes. And that by great diuines, eſpecially famous for the profeſſion of religion. Theſe things doth Eraſmus write in as many words, Annotat. pag. 663.