empting him selfe from obedience and subiection of his ordinary power & Magistrate, with is coactiue power newly erected in the church of Rome, was neuer receaued nor vsed in the old Romane church, from which thei disagree in all their doinges. MarginaliaVictor stopped from his excōmunication by Ireneus.For although Victor then Bishop of Rome, an. 200. went about to excōmunicate the East Churches, for the obseruation of Easter day: yet neither did he proceede therin, neither was permitted by Ireneus so to do. MarginaliaBoniface the first falsefieth the counsel of Nyce.And although Boniface the first likewyse, wryting to the bishops of Carthage, required of them to sende vp their appellations vnto the Church of Rome, alledging more ouer the decree of Nicenes councell for his authority: The Bishops & Clergy of Carthage assemblyng together in a generall councel (called the sixt councell of Carthage) MarginaliaThe vi. counsel of Cartage.to the number of 217. Bishops, after they had perused the decrees in the autentike copies of the foresaid Nicene councell, & foūd no such matter, by the saide Bonifacius alledged, made therfore a publike decree, that none out of that country should make any appeale ouer the sea. &c. And what meruel if appeales were forbidden thē to be made to Rome, MarginaliaAppellatiōs to rome forbidden in Englād.when as both here in England the kinges of this lande would not permit any to appeale from them to Rome, before king Henry the second, because of the murther of Thomas Becket, beyng thereunto compelled by Pope Alexander the third? MarginaliaAppellatiōs to rome forbiddē in Fraunce.And also in Fraunce the like prohibitions wer expressely made by Ludouicus Pius, an. 1268. whych dyd forbyd by a publicke instrument, called Pragmatica sanctio all exactions of the Popes court within his Realme. Also by king Philip named La belle an. 1296. The like was done, which not onely restrayned al sending or going vp of his subiectes to Rome, but also that no money, armour, nor subsidy, should be trāsported out of his Realme. The lyke also after him dyd king Charles the fift, surnamed the wyse, & hys sonne likewyse after him Charles the sixte, who also punished as traitours, certaine sedicious persons for appealing to Rome.MarginaliaEx Annonio de gestis Frācorū li. 5. cap 34MarginaliaThe popes iurisdiction resisted in France. The like resistaunce more ouer was in the sayde country of Fraunce, agaynst the Popes reseruations, preuentions, & other lyke practises of hys vsurped iurisdiction in the dayes of pope Martin the fift, an. 1418. Item, when king Henry the sixt in England, and kyng Charles the seuenth in Fraunce, dyd both accord with the pope, in inuesting & in collation of benefices, yet not withstandyng the hygh court of parliament in Fraūce dyd not admit the same, but styl maintayned the old liberty & customs of the French church. In so much that the Duke of Bethfort came wyth the kynges letters patent to haue the popes procurations & reseruations admitted, yet the court of parliament would not agree to the same, but the kinges procurator general was fayne to go betwixt them, as is to be seene in their Regesters, An. 1425. The. 5. day of Marche. MarginaliaPragmatica sanctio.In the dayes of the which kyng Charles the. vij. was set forth in Fraunce, Pragmatica sanctio as they cal it, against the Annates, reseruations, expectatiues, & such other proceedinges of the popes pretenced iurisdiction, an. 1438. Wherefore what maruel if this iurisdiction of othe popes court in excōmunicatyng, in takyng appeales, & geuyng of benefices, was not vsed in the old church of Rome, whē as in these latter dayes it hath bene so much resisted?

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MarginaliaThe popes iurisdiction concerning elections examined.And what should I speake of the forme & maner of elections, now vsed in the churche of Rome, cleane conuerted from the maner of the old church of their predecessours? For first in those auncient dayes, when as yet the Church remayned in the Apostles onely, and a fewe other Disciples, the Apostles then with prayer & imposition of handes, elected Bishops & Ministers, as by the Apostles Iames was made Bishop of Hierusalē, Paule in Creta elected Titus, & Timothe, in Ephesus. Also Peter ordained Linus & Clement in Rome. &c. After which tyme of the Apostles, when the Churche began more tomultiply, the election of Bishops and Ministers stoode by the Clergye and the people, wyth the consent of the chiefe Magistrate of the same place, & so continued during all the tyme of the primitiue Church, tyl the tyme, & after the time of Constantine the fourth Emperour, which Emperour (as writeth Platina & Sabellic. ennead. 8. lib. 6.) MarginaliaPlatina. Sabel. Enead 8. lib. 6published a lawe concerning the election of the Romane Bishop, that he should be taken for true bishop, whom the Clergy and people of Rome dyd chuse & elect, without any tarying for any authority of the Emperour of Constantinople, or the Deputy of Italy: so as the custom and fashion had euer beene before that day, an. 685. And here the Bishops began first to writhe out theyr elections & theyr neckes a litle from the Emperours subiection, if it be so as the sayd Platina & Sabellicus after hym reporteth. But many coniectures there be, not vnprobable, rather to thinke this constitution of ConstantineMarginaliaConstantine the. 4. Emperour of Constantinople. to be foreged and vntrue. MarginaliaThe popes bibliothecarie suspected.First, for that it is taken out of þ^e popes Bibliothecarie, a suspected place & collected by the keeper and maister of the popes Library, a suspected author, who whatsoeuer fayned writings or Apocripha he could finde in the Popes chestes of recordes, makyng any thyng on his maysters side: that he compiled together, & therof both Platina, Sabellicus, & Gratianus take most part of their reportes, & therefore may the more be suspected, &c.

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MarginaliaThe cōstitution of Constantine the. 4. Emperour of Constātinople examined.Secondly, where Plantina and Sabellicus saye that Constantine moued wyth the holynes of Pope Benedict the second, made that constitucion, how semeth that to stand wyth truth, when both the Emperour was so farre of from him being at Constātinople, and also for that the sayd pope raygned but. x. monethes? which was but a small tyme to make hys holynes knowen to the Emperour so farre of. And gyue he were so holye, yet that holynes might rather be an occasion for the Emperour to confyrme and mayntaine the old receaued maner of hys institution, then to alter it.

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The third coniecture is this, for that the sayd constitution was not obserued, but shortly after by þ^e said Benedicte was broken in the election of Pope Conon. And yet notwithstandyng albeit the constitution were trew, yet the election there by was not taken awaye frō the people, and limited to the clergye onely, and much lesse might be taken awaye from the clergie, and be limited only to the Cardinals, without the cōsent of ther prince and ruler, accordynge to their owne rubrice in their decrees, where the rubrice saith: De ordinatione episcopi: Nullus inuitis detur episcopus, cleri, plebis, & ordinis consensus & desiderium requiratur, &c.  

MarginaliaRubrica de ordiuatione episcopī ex celestino papa dis 63. cap. Cleri.that is let no bishop be geuen to any people against their wils: but let the consent and desyre both of the clergie and of the people, and of the order, be also required. &c. And in the same dist. also, cap. Sacrorum, MarginaliaDist. 63. cap. Sacrorum.we read the same libertie and interest to be graunted by Carolus Magnus, and Ludouicus his sonne, not to a few Cardinals only, but to the order as well of the clergie, as of the people, to chuse not only the bishop of Rome, but any other byshop within their owne dioces whatsoeuer, and to the Monkes lykewise, to chuse their owne Abbot, settinge a syde all respect of persons and gyftes, only for the worthines of lyfe, and gifte of wisdom, so as might be most profitable for doctrine, and example vnto the flocke, &c. MarginaliaLiberty graunted to the clergye and to the people to chuse their bishop.
Carolus Magnus
Ludouicus pius.And this cōtinued til þ^e time of the foresaid Carolus magnus, and Ludouicus his sonne, an. 810. of the whyche two, Carolus the father receaued expreslye of Pope Adrian the first, ful iurisdiction and power to electe and ordeine the byshop of Rome, lyke as Pope Leo the ninth did also to Ottho the first Germain Emperour, an. 961 The other, that is, Ludouicus, sonne to the foresayd Charles, is said to renounce again, and surrendre frō hymselfe and his successors, vnto Pope Paschalis and the Romaines, the right & interest of chusinge the Ro-

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