maine byshop, and moreouer to gyue and graunt to the saide Paschalis the full possession of the citie of Rome, and the whole territorie to the same belonging. An. 821. as appeareth by the decree. MarginaliaThe decre, Ego Ludouicus dist. 63. suspected.Ego Ludouicus dist 63. But admitte that feyned decree to be vnfeynedly trew (as it may welbe suspected for many causes, as proceadynge out of the same fountaine, with the constitution of Cōstantine afore mentioned, that is, from the master of the Popes library, MarginaliaGratianus and Volateranus what groūd they haue of their recordes.
Dist 63. cap Ego Ludouicus.of whō both Gratianus, and Volaterā, by their owne confession take their grounde) yet the same decree doth not so geue away the fredome of that election, that he limiteth it onely to the Cardinals, but also requireth the whole consent of the Romaines, neyther doth he simplely and absolutly geue the same, but with condition, so that omnes Remam vno consilio, & vna concordia sine aliqua promissione ad pontifactus ordinem elegerent:  

MarginaliaElection of the bishop of Rome standeth vpon the consent of the clergy and the people of Rome.that is, whom as all the Romaines with one counsail, and with one accorde, without any promise of their voices graunted before, shall chuse to be Byshop of Rome. And moreouer in the same decree is required, that at the cōsecration of the same bishop, messengers should be directed incontinent to the Frenche Kyng concernyng the same. Furthermore, neither yet dyd the same decree (albeit it were true) long continue. For although Pope Stephen the fourth, & Pope Paschalis the firste in Ludouicus tyme were impapaced through discord without the election of the Emperour, yet they were fayne by message to send theyr purgation to him of theyr election. And after that, in the time of Eugenius the. ij. whiche succeded next to Paschalis, LothariusLotharius, sonne of Ludouicus, and Emperour with his father, came to Rome, and there appointed lawes and magistrates ouer the Citye. MarginaliaThe decre Ego Ludouicus proued fals.Wherby may appeare the donation of Ludouike, in geuynge awaye the Citie of Rome to the Pope, to be fayned. And after Eugenius, Pope Gregory the. iiij. who followinge within a yeare after Eugenius, durst not take his election without the consent and confirmation of the sayde Emperour Ludouicus. And so in lyke maner his successours Pope Sergius the. ij. Pope Leo, the iiij. Pope Nicolas þ^e first, and so orderly in a long tracte of tyme, from the forsaid Nicolas the first, to Pope Nicolas the secōd. an. 1061. (which Nicolas in his decree beginning, MarginaliaDist. 23. cap. In Nomine Domini.In nomine domini dist. 23.) ordained also the same in the election of the byshops of Rome, cōmonlye the consent of the Emperour and the people with the clergy of Rome, was not lackyng. After which Nicolas came Alexander the second, and wicked Hildebrand, which Alexander beyng first elected without the Emperours will and consent, afterward repentyng the same, opēly in his preachyng to the people declared that he would no longer sit in the Apostolique sea, vnles he were by the Emperour confirmed. Wherfore he was greatly rebuked, & cast into prison by Hildebrand, and so deposed. Then Hildebrād and his folowers so ordred the matter of this election, that first the Emperour, then the lay people, after that the clergie also beganne to be excluded. And so the election by litle and litle was reduced into the handes of a fewe Cardinals, contrarie to al auncient order, where euer since it hath remained.

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MarginaliaThe iudiciary power of the pope examined.And like as in elections, so also in power iudiciarie, in decisinge and determinyng of causes of faith, and of ecclesiastical discipline, the state of the church of Rome, now being, hath no conformitie with the old Romaine church heretofore. For the byshops debated all causes of faith onely by the scriptures, and other questions of ecclesiasticall discipline they determined by the Canōs, not of the Pope, but of the church, such as were decred by the auncient Councels, as writeth Greg. Turonensis in francorum historia. MarginaliaGregor Turonens. in Francorum hist. lib. 10. ca. 18Wher as now both the rule of scripture, & sanctions of the olde councels set a side, all thinges for the moste part are decised by certainenew decretall or rather extradecretal and extrauagant constitutions, in the Popes canon law compiled, and in his Consistories practised.

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MarginaliaThe popes iurisdiction vsurped in geuing and disposing ecclesiasticall promotions.And wher as the old ordinance and dispositiō, as wel of the common law, as of the sacred Councels, and institution of auncient fathers haue geuen to Bishops & and others prelats, also to patrons and donors of ecclesiasticall benefices euery one within his owne precincte and dominion, also to cathedral churches and other: to haue their free elections and to prosecute the same in ful effect: ordryng & disposing promotions, collations, prouisiōs & dispositions of prelacies, dignities, and al other ecclesiastical benefices whatsoeuer, after theyr own arbitrement, as appeareth by þ^e first generall Councel of Fraunce. 16. q. 7. cap. Omnes Basilicæ. Marginalia16 q 7 cap. omnes Basilicæby the first general councel of Nice, cap. 6. MarginaliaThe counsel of Nice cap. 6Also by the general councel of Antioche. cap. 9. MarginaliaThe general counsel of Antioch cap. 9and is to be seen in the Popes decrees. 9. q. 3. cap. Per singulas. Marginalia9. q. 3 cap. per sīgulas Pragmatica sanctio sācri LudouiciAnd also beside these auncient decrees, the same confirmed againe in more later yeares by Ludouicus the. ix. French Kyng in his constitution called pragmatica sanctio, made and prouided by full parlament againste the Popes exactions, An. 1228. in these wordes as folow. Item exactiones & onera grauissima pecuniarum, per curiam Romanam ecclesiæ regni nostri impositas vel imposita (quibus regnū miserabiliter depauperatum existit) siue etiam imponendas vel imponenda leuari aut colligi nullatenus volumus: nisi duntaxat pro rationabili, pia & vrgentissima causa, vel ineuitabili necessitate, ac etiam de expresso, & spontaneo iussu nostro, & ipsius ecclesiæ regni nostri. &c.  

that is, Item all exactions and importable burdens of money, which the court of Rome hath layde vpon the churche of our kyngdome (wherby the said oure kyngdome hath been miserablely hetherto empoueryshed) or hereafter shall impose or lay vpon vs, we vtterly discharge and forbid to be leauied or collected hereafter for any maner of cause, vnles there come some reasonable, godly, & most vrgent, and ineuitable necessitie, and that also not to be doen without the expresse & voluntary commaundement of vs, and of the churche of the same our foresaid kyngdom. &c. Now contrary & against to these so manifest and expresse decrements of general councels, and constitutions synodal, this latter church of Rome of late presumption, degeneratynge from al the steps of their elders, haue taken vpon them a singular iurisdiction by themselues, and for their own aduauntage, to intermedle in disposing and transposing churches, colleages, monasteries, with the collations, exemptions, elections, goods and lādes to the same belongyng, MarginaliaImproperations first fruites of benificesby reason and example whereof haue come in these improperations, first fruites, & reseruations of benefices to the miserable dispoyling of parishes, and horrible decay of Christen faith, which thinges emonge the olde Romaine elders were neuer knowen. For so much then did it lacke, that dew necessities were pluckt from the church, that Emperours, Kyngs, and Princes pluckynge from their owne rather, dyd cumulate the churche with superfluities.

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Again, when suche goods were geuen to the church by those auncetors, they were neyther so geuen, nor yet taken, to serue the priuate vse of certaine churche men takyng no paynes therin, but rather to serue the publique subuention of the nedy, as is conteined in the canonicall iustitutions by the Emperour Ludouicus Pius set forth. an. 830. The wordes be these: Res ecclesiæ vota sunt fidelium precia peccatorum, & patrimonia pauperum,  

MarginaliaInstitutiones canonicæ sub Ludouico piothat is: The goods of the churche be the vowes and bequestes of the faithful, prices to raunsom suche as be in captiuitie or prison, and patrimonies to succour them with hospitalitie, that be nedy.

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Wherunto agreeth also the testimonie of Prosper, MarginaliaThe words of Prosper.whose wordes be these: Viros sanctos res ecclesiæ non