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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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a band-dog or Cerberus than this But as I haue alreadie said this boldnes of the pope against the king of Nauarr is not greatly to be woondered at séeing such was his vnbridled furie against the most mightie king of France Wherefore let vs heare rather other testimonies of like and the same pride for it is not for man to contend with satan in railing spéeches and it shall be sufficient to vse that curse of Michael the archangell The Lord Jude 1. 9. rebuke thee Therefore to returne to our purpose we must not passe ouer that testimonie of the same popish seruice which is reported touching the same Boniface who in the yéere 1300. when there was great concourse of people at Rome by reason of the Iubilie in the first solemne day the pope shewed himselfe to the people in his Pontificalibus the day following hauing on the attire of the emperor he commanded a naked sword to be borne before him crieng with a lowd voice I am the pope and emperor and I beare rule in earth and heauen And a few daies after hée proudly reiected Albertus created emperor by the electors of Germanie when he came to craue his confirmation denieng that the election had without his authoritie ought to be counted firme séeing he alone had the authoritie of both swords After some good space he confirmed him vpon condition that with al expedition he shuld make war against the French king whose kingdome he gaue him for a pray and reward of his victorie Which things are witnessed by Cuspianus in the life of Albertus in the chronicle of Vsperge and by the writers of the French chronicles But to what end do we prosecute these light and trifling things We haue before declared that the pope of Rome doth claime by the donation of Constantine the empire of al the west parts These be but bare words Wherefore let vs looke into the thing it selfe For we denie that there is any king in the west I meane of France Spaine Aragon Portugal Hungarie Bohemia England Scotland Denmarke Sueueland Ruscia Croatia Dalmatia whom the papacie of Rome will not haue to be vassall and feudatarie to it as if he had receiued his kingdome from him as a fée and benefit and ought for that cause to ow allegeance and to do homage to him It is much that we say and almost incredible to be spoken but the truth shall appéere by instruments that we wil bring to light and by testimonies that we will vse For we wil touch euery realme according to the order of the letters Of that of England AVgustine Steuchus the maister of the popes librarie doth witnes in his book of the donation of Constantine that in 2. pag. 138. that librarie of the popes there is extant a register of pope Alexander the 3. wherein is found an epistle to William king of England For as we vnderstand by that booke of Steuchus the maister of the librarie all the actes of euerie pope are written in seuerall registers to the which what credit we ought to giue the verie rule of the law doth show wherein it is said that a priuate writing must be beléeued but onely against the writer himselfe Therfore this was Alexander his epistle Your wisedome knoweth that the kingdome of Englande sithence the time that the name of Christ was there glorified hath bin vnder the hand and tuition of the chiefe of the Apostles For as you know full well the Englishmen were faithfull and in respect of godly deuotion and knowledge of religion they gaue a yeerely pension to the apostolike sea wherof some part was giuen to the bishop of Rome some part to the church of S. Marie which is called the schoole of the Englishmen to the vse of the brethren These things are cited out of Steuchus But I finde these testimonies in other places besides Steuchus Flauius Blondus in his 6. booke Decad. 2. Then saith he Iohn king of England fearing that he was not of sufficient force to deale with the French king fled to the mercy of Innocentius the third pope of Rome for making England and Ireland feudataries to the church of Rome by league he promised to pay for either Iland an hundred markes in gold yeerely Antonie of Florence saith * Iohn king of England of his own accord Hist. part 3. tit 19. §. quinto anno 1223. by the counsell of his princes offered and did freely grant to God and his most holie Apostles Peter Paul and to the holie church of Rome and to the lord Innocentius the third being pope all the kingdome of England and also of Ireland with all their rights and appurtenances and he hath done and sworne homage for the same kingdomes to the saide Innocentius the pope that he should hold them hereafter as a feudatarie of the said pope and his successours Whereof also Polidore Virgill maketh mention in his 15. booke By this instrument of the pope if as I said we may giue credence to a priuate writing the realme of England is feudatarie to the pope Go to let vs sée the rest Of the kingdome of Arragonia STeuchus in the selfe same booke * saith Pag. 193. Peter king of Arragonia in the third yeer of the L. Innocentius the third being pope came to Rome to the same Innocentius and he receiued from him solemnely an honorable knighthood and he offered willinglie to S. Peter and to the holie church of Rome his whole kingdome and there he had for his fee the same kingdome Also he appointed to pay a certaine summe of money for the kingdome of Sardinia Of the kingdome of Croatia and Dalmatia STeuchus in the same booke * in the register of Gregorie the seauenth we reade thus In the name of the lord of the holie Pag. 191. and indiuisible Trinitie in the yeere of the Lords incarnation one thousand seuenty sixe in the 14. indiction of the moneth of October I Demetrius which am also called Suinumir by the grace of God duke of Croatia and Dalmatia being made and constituted by thee L. Gebizus hauing the power of Pope Gregorie by the ambassage of the apostolike sea by the synodall and generall election of the whole cleargie and people in the Solantine church of S. Peter and being inuested and appointed king in the gouernment of the kingdome of the Croatians and Dalmatians by the banner sword scepter and crowne to thee I vowe and promise that I will vnchangeably fulfill all things which thy reuerend holines shall inioine me that I may keepe mine oth to the Apostolike sea in all things and that I may keepe irreuocably whatsoeuer as well the sea apostlike as the legates thereof haue or shall establish in this realme that I may execute iustice and defend the church also I appoint to pay to S. Peter yeerely in the resurrection of the Lord the tribute of two hundred Bizanties of al my consulships and primacies for the kingdome granted to me Furthermore seeing to
sentence Giuen at Rome the fift of the Ides of Septemb. Anno 1585. Psalm 109. O Lord they shall curse and thou wilt blesse those which shall rise against me shall bee confounded but thy seruant shall reioice THE BRVTISH THVNDERBOLT of Pope SIXTVS the fift against HENRIE the most noble King of Nauarre and the most excellent HENRIE BORBON Prince of Condie Togither with the protestation and declaration of the manifold nullitie or inualiditie of the same WHeras of late there was a declaration pronoūced by Pope SIXTVS the fift of that name being a Franciscan Frier and it was shortly after published and printed that Henrie the most noble King of Nauarre and also Henrie Borbon the most excellent Prince of Condie should first be excommunicate as notorious heretiks from among Christians and also that they should be put from their empires honors and al dignities and principally from hope of succéeding in the kingdome of France secondly that their subiects and vassals should be absolued from the oth of alleageance wherewith they were bound to them last of al that they shuld be set vpon by force sword arms and camps by the most mightie king of France the most excellent and noble Princes aforesaid haue thus protested touching that matter that with the good leaue of all Catholikes and without anie hurt of the cōcord of both religions which the same princes do greatly desire to be kept intire in France that proscription or declaration of the pope being a Franciscan Frier was pronounced published diuulgate against all lawes diuine and humane and that for that cause it is in law none and to be accounted for none that all that furious curse is nothing but a brutish thunderbolt of the Romane papacie whose force is friuolous vain and of none account that principally for fower causes namely for the incompetencie of the rash iudge the falsenes of the allegation the want of iudiciall order and for the foolishnes of the forme wherein it is written wherof we wil héerafter intreat in the same order wherein they are set downe 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 vpon 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 haue 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 a l. neganda 19. c. de publ iudic Which the Canonists themselues doe teach b 4. 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 giue sentence for himselfe in his owne cause c l. 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 haue 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 onely 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
Vrbane the 6. he said that if they would choose him that they did choose him bicause he did intend to be pope Notwithstanding those cardinals departed from him after a while and flieng to the citie of Funda they chose another who was called Clement the 6. he translated his court to Auenion and France Spaine Catalonia reuerenced him for pope And to the other did Italie Almaine and Hungarie cleaue obediently and this wicked schisme continued aboue xxx yeeres During this schisme after Vrbanus succeeded on that side Boniface the 9. After Boniface came Innocentius the sixt After Innocentius succeeded Gregory the 12. On the other side after Clement came Benedict the 13. who was called Peter de Luna or of the Moone vnder whom was kept a counsell at Pise anno 1410. wherein after they were deposed Alexander was chosen who was called Peter of Candie in whose roome came Iohn the 23. by reason whereof arose another schisme At length when there was a Councell gathered at Constance by the emperor Sigismunde the saide Iohn the 23. and Gregory the 12. agreeing togither and the cardinals of the Lord Benedict being there also Gregorie the 12. gaue place there and the other two were deposed for their stubburnnes and to appease the schisme Thus writeth Guimerius Now let vs heare another testimonie of this out of the same booke Martin saith Fol 5. col 2. he was chosen pope by the Councell of Constance the other that did contend being deposed who did long time cause a schisme And he commanded that there should a Councell be held at Basill where he was not by reason he was preuented by death Yet he sent Iulian thither then his legate of the title of Saint-angel in the eleuenth yeere of his popedome the first of Februarie to keepe the Councell and after him succeeded Eugenius the fourth who thogh he had approoued the Councell of Basill and had sent the foresaid legate to Basill the day before the Calends of May the first yeere of his popedome and had also reuoked the dissolution of the said Councell being attempted by him ann 1433. and in the third yeere of his popedome in his publike session kept at Rome in S. Peters the 17. day before the Calends of Ianuarie in the same yeere and had by his buls patents promised from that time forward to obey the said Councell confessing that the same Councel was alwaies truly continued Yet would he not afterward keep the decrees of the Councell of Constance neither obey the Councell of Basill affirming that he ought rather to do the contrarie and he dissolued the same againe and translated it to Ferrarie for the bringing backe of the Grecians and thence to Florence bicause of the plague that began there Wherupon arose great strife among those that wrote touching this matter For one side said that the pope is aboue the Councell the other that the Councell is aboue the pope Therefore he was cited by the Councell of Basill the last of Iulie in the yeere 1437. he was suspended from the administration of the papacie the eleuenth day of the Calends of Februarie 1438. and was also deposed the seuenth before the Calends of Iulie in the yeere 1439. into whose place the Councell of Basill chose Amedaeus the duke of Sauoy being afterward called Felix the fift But Eugenius regarded it not for which arose a schisme which continued nine yeers and euen vntill the death of Eugenius Into whose roome was chosen in the citie Nicolas the fift to whom Felix gaue place bicause he fauoured the vnitie of the Church Pope Pius the second who was before called Aeneas Syluius who was present at the Councell of Basill made a treatise for the authoritie of the Councell of Basill but when he was made pope he reuersed the same Thus far goeth Guimerius sometimes a Senator of Paris as we said that the Senators of this age may more attentiuely perceiue with how great ambition contention and madnes the champions of Rome haue vsed rebellion in the Church and how furiously they went by the eares togither among themselues how manie fires they haue kindled in all parts of Europe that they might satisfie their owne ambition Moreouer how ancient and old this madnes of theirs is we may know by the historie of Ammian Marcel a man expert Lib. 29. in Christian religion Whose words are these Damasus and Vrsicinus being inflamed aboue mans measure or capacitie to catch the bishops sea being diuided in studies they made manie sharpe conflicts with danger of death and wounds the aide of both going forward which when Viuentius the gouernor of the citie could not redresse nor mollifie being inforced with great violence he departed into the suburbs and in the conflict Damasus gat the vpper hand that side which did fauour him being instant And it is manifest in the church of Seruinus where there is an assemblie of the Christian rite that in one day were found one hundred and seuen and thirtie carcases of dead men and that the outragious multitude was hardly afterward appeased Neither do I deny considering the ostentation of citie affaires that those that are desirous heereof ought to chide with all their might and maine for obtaining that after which they long seeing that after they haue obtained that they will become so secure that they are inriched with the oblations of matrones and come abroad in their coches brauely apparelled giuing themselues to prodigall banqueting so that their banquets surpasse the banquets of kings who might indeed be blessed if despising the gorgiousnes of the citie which they set against vices they would liue like certaine prouinciall bishops whom slender diet and moderate drinking also basenes of apparell and countenances looking downe to the ground do continually commend to God and his true worshippers as pure and chaste Thus writeth Ammianus whereby it plainly appéereth how ancient this ambition and desire to beare rule which was and is in the bishops of Rome was which was also coupled with fiercenes and crueltie But to omit old things and to come to touch those things which touch vs and our countrie of France more néere is there any of so great a number of the kings Senators that is ignorant how manie wars the popes of Rome haue raised in Europe among christian princes within these fiftie yéers either to defend or else to amplifie their power The first was that of Heluetia wherein they set at variance most peaceable cities which were linked togither not so much by most néere league as by mutuall loue and desire to preserue their common countrie Then followed the war of Germanie and after it that of England and of Scotland which also euen at this day the same fiends and champions go about to renew by their messengers the squibbish Iesuits being most assured firers of Christendom What shal we say of our ciuil and deadly wars of France For first of al the popes of Rome did earnestly desire
out of Denmarke Sueueland England Scotland Germanie and Heluetia But the noble man whom in this place he touched saith that he was neuer so mad as now when he is like to loose the realme of France and that he doth the same which the asses that are fed with hemlocke are said to do in Thuscia of whom Matheolus writeth that the fall so fast asléepe that they séeme as dead so that the countrimen come oftentimes to flea them and haue almost taken off halfe the skin before they are awaked But when they come to the backe then at a sudden they start vpon their féet and hauing the one halfe of their skin hanging about their héeles they make an euill fauored braieng so that somtimes the countrimen are sore afraid The howling of pope Sixtus séemeth to be like this at this time being spoiled almost of half his kingdoms and being out of hope of the rest and being now readie to put his necke in the halter to hang himselfe vnles most mightie kings and princes for restoring his power do fill poore France with murders and burnings But let these things hitherto be spoken concerning the protestation of the king of Nauarre And as for those things that are spoken properly and apart by themselues against the dignitie of the prince of Condie we take them to be sufficiently refuted with this common answer The pope chargeth him that he came of parents which were both of them heretiks As it is an excellent thing to be commended but of a man commendable so it is an excellent thing to be discommended if it be of a discommended and discommendable knaue such as it is euident that both this cowled baud is and I cannot tel what other slaues of his the cardinals who haue so hammered and wrought that thunderbolt at Rome as the Cyclops did sometimes forge thunderbolts for Iupiter in the mountaine Etna For who doth not vnderstand to what end this wicked reproch touching the hauing of two heretiks for his parents vttered properly against the prince of Condie doth tend For there is a rule among the canonists that no ecclesiasticall dignitie be granted to the sonnes of heretiks vnto the second generation * Therefore no doubt our Sixtus C. quicunque §. Haeretici c. statu De H. erit in 6. gloss in c. 1. in verb regnum Extr. de praeb doth prepare this way by the counsell of certain poyoners to take from the most noble prince Charles brother to the prince of Condie and comming of the same hereticall parents his cardinalship and benefices which we hope he will easily marke such is his wisedome But let vs now procéed to the rest of the sentences of Sixtus his bull For a few lines after the pope hitteth the same prince of Condie in the téeth with his dispensation that it might be lawfull for him to marrie his most noble kinswoman What blindnes of mind appéereth in such an impudent lie The prince had contracted that matrimony certaine moneths before that dispensation was brought from Rome He neuer asked any dispensation but being hedged in with armed men which did command him that he should with his hand subscribe an epistle by them written and desiring a dispensation he obeied against his will euen in like sort as we noted before in the king of Nauarre cosin to the same prince But it is woorth the paines to consider what maner liberalitie this was in the pope that he should grant leaue to the prince to marrie his cosin-german which matrimonie is not forbidden either by the law of God or by the ciuill law for in that book before mentioned the title wherof is The Taxes of the apostolike penance the popes absolution for him that hath contracted in the fourth degrée is taxed onely at seuentéene grosses For in the 37. page it is thus written A dispensation for the fourth degree of consanguinity for marriage to be made or made ignorantly gross 17. For the third and fourth degree gross 27. For the fourth and fift gross 27. and he must agree with the popes treasurie But if they haue contracted themselues wittingly and haue dispatched it gross 21. and in like sort for affinitie gross 29. What hath not the pope now somtimes dispensed contrarie to the manifest inhibition of the lawes of God that it might be lawfull for the vncle by the father or mother to cōtract matrimony with the brother or sisters daughter Which notwithstanding ought to séeme so much the lesse strange bicause pope Martin the fift entring into consultation with his doctors and diuines as saith the historiographer dispensed with a certain person that he should take his owne naturall sister to wife For Antoninus of Florence hath committed to writing this sacrilege * in l si tibi filius l. si paterfamilias §. in arrogationibus D de adopt of In sua sum 3. par tit 1. ca 11 §. quod papa whom Angel de claua maketh mention and followeth in his summe in the word Papa and Nicolas Boetius in his 20. counsell vtrum papa num 26. And bicause the pope hath begun to speake of dispensations we must not passe ouer euen that other famous dispensation that it may be lawfull for a frier laieng aside his cowle for a time to marrie a wife for a certaine time namely vntil his wife be with child least the noble stocke do die without issue vpon that condition that so soon as he hath a child then the father letting downe his eares do returne to his cowle Touching which thing we may sée Baldus his testimonie * Iohan. Andr. in c. actus legitimi in c. semel Deo de reiur in 6. Innocent in c. cum ad monast in verb. lic Iohn Andreas * ibi Panormitanus de stat monach Petr. Ancha in con 339 parum du bitationis Marian cons 13. praesens consultatio con 28. circa pri●●●n Panormitanus * who doth also cite others more ancient * William Benedict * in c. Raynutius in ver qui cum alia num 26. part 3. who noteth that the popes power is to dispense that a marriage may be made to last onely for a time Therefore such was the popes liberalitie in permitting to the munks to be married onely for a time bicause he had learned out of the apostle Paul that it was honorable amongst men of all orders But on the other side sée either woonderfull great nigardlines or seueritie of the same man For pope Callistus 3. saith Boerius refused to dispense for a deacons marriage who alledged that he had not the gift of continencie and that he could not resist the law of the flesh ne yet want a wife though cardinall Senensis did at that time make intreatie for him who did afterward succeed Callistus being called Pius the second as he witnesseth in his epistles made in the time of his cardinalship writing to that his friend that he must wait for another