The Brutish Thunderbolt, Declaration 1 · Part 26
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 vsus 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 hauehave not brought foorth through boldnes of their preſumption, but hauehave 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 hauehave 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 eueryevery humane creature to be ſubiect to the temporall and materiall ſword of the biſhop of Rome, be counted an heretike: bicauſe it is vponupon 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 hauehave before C. nulli. diſt. 19ſhewed, 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 vponupon earth greater than he, was by many degrées inferior to Dominic that coſener. We hauehave ſhewed furthermore that the popes hauehave 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 againſt it muſt be puniſhed as an heretike, for the popes vſe theſe ſelfe ſame words in their buls *. Wherefore this (ſaith Lib. conformit. fol. 234. col. 3.he) must be holden most firmely as true, and he that holdeth the contrarie must be deſpiſed of all men as an heretike. In like ſort Anthonie of Florence writeth thus: The church hath Hist. part. 3. c. 1. §. 3.vndoubtedly approoued and declared that there be a ſolemne feast kept for this: that the Lord Ieſus who was crucified appeered to Francis as he praied, and was tranſformed like to a Zeraphin (that is, hauing ſix wings) and that he imprinted in his hands and ſide the ſignes of his paſſion, wherein he felt great paine. Let the moſt excellent and moſt wiſe Counſellers of the French king iudge now, whether that be a true definition of an heretike, that he that ſhall not beléeue thoſe moſt filthie inuentions touching Dominic and Bernardo, allowed by the authority of the church of Rome, ſhal be counted and taken for an heretike, and thruſt from the felowſhip of the church. If they do not thinke that that is an equall decrée of the papacie of Rome, then let them remember that rule, wherein it is taught, that raſh and light accuſers, are not onelyonly condemned of falſe accuſing, and ſo noted with infamie, but alſo they are condemned to abide like puniſhment, which the other ſhould hauehave ſuffered whom they accuſed *: and therefore l. vlt. C. de accuſ.that pope Sixtus the fift who hath falſly accuſed the king of Nauarre, and prince of Condie of hereſie, ought flatly to be taken for a ſchiſmatike and heretike. But let vsus now a little more attentiuely conſider, to whom that wicked crime and name of heretiks doth properly belong. Forſomuch as we can gather by the authoritie of holy ſcripture, and of the ancient doctors of the Church, he onelyonly is to be counted an heretike, which ſtubbornly holdeth, and ſeditiouſly ſoweth doctrine that is contrarie to the rule of faith (that is, the Chriſtian Créed) notwithſtanding he hath béen lawfully admoniſhed and conuict. For thus doth Auguſtine define him *: Thoſe (ſaith De ciuita. Dei 18. c. 51.he) that in the Church of Christ, do tast of any ſicke or corrupt thing, if being rebuked, that they may ſauour of that which is ſound and right, they reſist ſtubbornly, and they will not amend their pestiferous and deadly opinions, but perſist to defend them, are made heretiks, and going out adoores, they are counted in the number of exerciſing enimies. And now as touching the créede of Chriſtians, which Tertullian calleth the rule of faith, there is this notable teſtimony of the ſame Tertullian extant in his booke of Preſcriptions of heretiks. It is the rule of faith (ſaith he) wherein it is beleeued that there is one only God (note this periphraſis of the Chriſtian créed) and none other beſides the creator of the world, who hath brought foorth all things out of nothing by his word. P. That that word was called his ſon, that he appeered diuerſly to the patriarks, that he was alwaies heard of the prophets; laſt of al, that he was brought into the virgin Marie by the ſpirit and power of God his father, that he was made fleſh in hir womb, and that Ieſus Christ came out of hir being borne, that thencefoorth he preached the new law, and the new promiſe of the kingdome of heauen, that he wrought miracles, that being fastened to the croſſe he roſe againe the third day, that being taken vp into the heauens he ſitteth at the right hand of the father, that he ſent the power of the holy Ghost to be his vicegerent, to gouerne the beleeuers, that he ſhall come with glorie to take the ſaints into the fruit of eternal life, and of the heauenly promiſes, and to adiudge the profane to euerlasting fire: both parts being raiſed againe with restoring of the fleſh. This rule instituted by Christ, hath amongst vsus no questions, ſaue onelyonly ſuch as hereſies cauſe, and ſuch as make heretiks. Thus writeth Tertullian. Whereby we vnderſtand, that thoſe are by him defined to be heretiks, which bring in into the Church a doctrine contrarie to the Chriſtian créed: which is conſonant and agréeable to that commandement of the apoſtle: Hee that bringeth you another Goſpell than that which we hauehave brought, let him be accurſed. Therefore Tertullian in another place of the ſame booke ſaith: Whence came ſtrangers and heretiks enimies to the apostles, ſaue onelyonly from diuerſitie of doctrine, which euerie one hath either broched or receiued of his owne head against the apostles? Therefore we must make account that the corruption both of the ſcriptures, and expoſitions is there where there is found diuerſitie of doctrine. Alſo in another place: Let heretiks bring to light the beginnings of their churches, let them turne ouer the order of their biſhops, ſo deſcending from the beginning by ſucceſſions, that first of all the ſame biſhop had ſome one of the apoſtles or apoſtolike men, Who notwithſtanding continued with the apoſtles, for his author and predeceſſor. Tertullian doth in plaine words call thoſe apoſtolike men, neither doth he ſuffer any other to be called by this name, ſaue onelyonly thoſe that hauehave agréed with the doctrine of the apoſtles, and hauehave continued therein: ſo that it may eaſily be vnderſtood that apoſtolike men muſt not be eſtéemed by the ſea and place, but by ſucceſſion and perpetuitie of doctrine. Therefore he ſaith in another place: The doctrine of heretiks being compared with the apoſtolik doctrin, ſhall by the diuerſitie and contrarietie thereof pronounce, that it neither hath any apostle for the author thereof, nor apostolike man: for, as the apostles had not taught things that were diuers among themſelues, ſo the apostolike men had not publiſhed things that were contrarie to the apostles: ſaue onelyonly thoſe that fell away from the apostles, and preached otherwiſe. Lo how manifeſtly Tertullian ſheweth, that thoſe ought properly to be called heretiks, which bring in a doctrine contrarie to the Chriſtians créed, though they call themſelues apoſtolike men: foraſmuch, ſaith he, as they be fallen away from the apoſtles: and (as he ſaid a little before) hauehave inuented of their owne head, that is, their owne wit and inuention, ſomwhat beſides holie ſcripture. Furthermore we muſt marke, that Tertullian doth not properly & chiefly call thoſe apoſtolike men, which ſuccéeded Peter, but generally which ſuccéeded any of al his fellow apoſtles: and that not preciſely: that it ought to be referred to ſome certaine place and citie: but iointly, which ſuccéeded the apoſtles in deliuering the doctrine of Chriſt by hand. Whereby appéereth the impudencie of the popes, who did not onelyonly properly reſtraine the name of apoſtolike vntounto the biſhop of Rome, but alſo they gaue the ſame to fooliſh things: as the apoſtolike ſea, the apoſtolike legate, the apoſtolike meſſenger, the apoſtolike chancerie, apoſtolike penance, the apoſtolike notarie, the apoſtolike treaſurie, the apoſtolike priuilege, apoſtolike prouiſion, the apoſtolike bul: ſo that at length it may be ſaid the apoſtolike mule, and (ſir reuerence) the apoſtolike piſſepot, and ſo foorth. But to returne to our purpoſe, that the difference betwéene an heretike and an apoſtolike man might more plainly be vnderſtood, Tertullian adioineth a moſt manifeſt example, and very appertinent to that we hauehave in hand: Paul, ſaith he, inſtructing Timothie, doth amongst heretiks nip forbidders of marriage. Why ſo, Tertullian? Surely, bicauſe that inhibition is contrarie to the doctrine of the apoſtles: who taught in plaine words, that marriage is not onelyonly comly and honorable for al ſorts and orders of men, but alſo for the moſt part neceſſarie. Whereby it appéereth that the forbidding of matrimonie is not apoſtolike, but hereticall: bicauſe, according to Tertullians opinion, thoſe are defined to be heretiks, which bring in doctrine contrarie to the writings of the apoſtles. And thoſe are defined to be apoſtolike and ſound and catholike, which contenting themſelues with the writings of the apoſtles, do deteſt & accurſe togither with the apoſtle, thoſe that detract from, or adde to the ſame. Furthermore to this definition of heretiks agréeth that, which S. Auguſtine deliuereth *: He is an heretike, ſaith he, who In lib. de vtil. creden.for louelove of gaine or principalitie doth either beget or follow new opinions. Where he meaneth principalitie of faction and departing from the Church, the captaine and prince wherof he profeſſeth himſelfe to be, hauing as it were ſet vp his banner. And with this ſelfe ſame mind Paul calleth Philetus and Hymeneus heretiks, bicauſe they had not only erred from the faith, but alſo ſubuerted the faith of others: whom likewiſe in another place he calleth foreign: that is, wanderers or ſtraiers, 1. Tim. 2. 2. Tim. 3.and ſuch as lead others into errore alſo. But moreouer, Peter deſcribing heretiks, ſaith, that they intrap the minds of inconſtant and weake men. Alſo in another place: Amongst them, ſaith he, there ſhall be falſe teachers, which ſhall ſecretly bring in hereſies or deadly ſects. 2. Pet. 2. And as touching the forme of declaring heretiks, Paul ſheweth the ſame in theſe words: An heretike after the first and ſecond admonition 1. Tim. 3.auoid. VntoUnto which forme that order doth alſo appertaine, which Chriſt preſcribed *, that he be accuſed before the Church, Mat. 18.and if he ſhew himſelfe ſtubborne, let him be counted as an heathen man, and profane perſon. And we ſée that euen the ſchoole doctors are of this mind: & amongſt theſe the maiſter of ſentences *: where he In 4. dist. 18. c. 7.writeth thus: that Excommunication ought to be put in practiſe, when a man being according to canonicall diſcipline called the third time to amend a manifest fault, and making no account to make ſatisfaction, is cut off by the ſentence of the church, from the place of praier, and from the partaking of the ſacraments, and from the fellowſhip of the faithfull, that he may be aſhamed, and that he may repent being conuerted through ſhame of his wickednes, that his ſoule may be ſaued. Who if profeſſing repentance he do repent, he is admitted to the communion that was denied him, and is reconciled to the Church. By all which doth plainly appéere, that there be thrée marks of an heretike, whereby they are knowen and diſcerued from thoſe that hold the truth: if they bring in any thing into the Church that agréeth not with the rule of faith, if they make a departure, and if being ſolemnly admoniſhed they do ſtubbornely perſiſt. But bicauſe this diſputation doth for the moſt part appertain vntounto the kings Senators which are lawiers, it ſéemeth to be nothing vnappertinent, to ſet downe another definition of heretiks, out of the bookes of Iuſtinian. For in the Nouel. 115. §. ſi quis, where amongſt the lawfull cauſes of diſheriting children, he reckoneth vp hereſies, he addeth theſe words interpreted by Iulian Anteceſſor. But we call thoſe men ſound, which communicate in the holie catholike church, into which all the patriarks are gathered with one conſent and concord: and the fower holie Councels are preached: the Nicene, that of Constantinople, the first of Epheſus, and that of Chalcedon. And we call thoſe heretiks, which do not communicate with the catholikes. Theſe things being thus ſet downe, let vsus now ſée by what right our foreſaid Princes▪ are condemned by pope Sixtus the fift for heretiks: for whether we follow the former or the latter definition, the foreſaid Princes do profeſſe and declare ſo earneſtly as they can, and they call to witnes God and Angels, and all men of all ſorts and kinds, finally heauen and earth, that they do neither bring in into the Church any thing that is repugnant to the rule of faith and vſuall créede of Chriſtians, ne yet to thoſe fower moſt ancient Councels, but that they do with all their hart imbrace their doctrine and confeſſion ſuch as was cōceiued in the Nicene ſynod, the ſynod of Conſtantinople, of Epheſus, and Chalcedon, neither doe they depart euen an heares bredth (as they ſay) from the forme ſet downe by Athanaſius. Futhermore they profeſſe, that they neither hauehave made, neither will make any departure, frō thoſe churches, which hauehave continued in that rule of faith, and forme of confeſſions, ſuch as be thoſe churches of the moſt noble and mightie electors, and princes of the confeſſion of Auguſta. Laſt of all, that they were neuer till this daie admoniſhed, & reprehended by any church of this ſort, which hath perſeuered in the doctrine of the apoſtles. But and if being yoong men, and terrified with the blood and infinite murders of the maſſacre of Paris, and mooued with the ſight and preſence of a moſt mightie king, and finally being hedged in with the ſwordes of manie armed ſoldiers, they did and pronounced thoſe things vnwillingly, which they were commanded either to do or pronounce, this muſt not be counted a ſolemne and lawful forme of eccleſiaſticall admonition, and ſuch as Chriſt appointed, and the Apoſtles and apoſtolike men hauehave kept: eſpecially ſéeing that ſhortly after, when they had recouered their libertie, they proteſted, that they did all that they did vnwillingly and compelled with threatnings: and did openlie craue pardon for that their infirmitie, at the hands of God & Chriſtians, in a reformed church, before a great aſſemblie. And on the contrarie they ſhew, that the pope of Rome is condemned by the iudgement of the moſt part of Europe, not only amongſt heretiks, but alſo as a chiefe heretike, & as the chiefe author, and captaine of ſedition. Firſt, bicauſe he hath brought in into the church wicked fables, and blaſphemous, touching the falſe miracles of munks, and traditions moſt contrarie to thoſe fower ancient councels: ſuch as we hauehave before ſet downe, touching the feigned purgatorie, the inuocation of the dead, the worſhipping of images, the daily renuing of the ſacrifice of Chriſt in the maſſe, the idolatrous worſhipping of the bread and chalice, touching the forbidding of mariage, touching the Dominicane munkes hid vnderunder 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 onelyonly 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.