Pius. Where all byshops and priestes be oppreslye fo-rbydden not to excōmunicate any man, before his cause was knowen and proued to be suche, as for the whiche the auncient canons of the church would him to be excommunicate. And if any should otherwise proceede contrary to the same, then the excommunicate person to be absolued by the autoritie of an heygher degree, & the excommunicator to be sequestred from the cōmunion, so long as shuld seme cōuenient to him that had the execution therof as is expressed. 24. q. 3. De illicita. Marginalia24 q 3. cap. De illicita.The same Iustinian moreouer in his lawes and constitutions, how manye thinges dyd he dispose and ordeine in church matters, as to haue a determinat nūber of churchmen or clerkes in churches. const. 3. Also concernynge monasteries and monkes. const. 5. MarginaliaEx Nouel. 5 Iustinian.how bishops and pristes should be ordeined. const. 6. concernynge remouynge of ecclesiasticall persons from one church to an other. Also concernyng the constitution of the churches in Aphrike. And that the holy misteries should not be don in priuat houses, so that whosoeuer should attempt the contrary, should be depriued. Const. 57. Moreouer concerning clerkes leauyng their churches, const. 58. Also concernyng the order & maner of funerals, const. 59. And that byshops should not kepe from their flocke, const. 67. The same Iustinian graunted to the clergy of Constantinople the priuilege of the secular court, in cases only ciuile, and suche as touched not the disturbance of the bishop, otherwise in all criminall causes he lefte them to the iudgement of the secular court, const. 83. He geueth also lawes and decrees for breach of matrimonie. const. 117. and in diuers other places. And in his constitution. 123. after the doctrine of S. Paule, he commaundeth all bishops and priestes to sounde out their seruice, and to celebrate the misteries, not after a secret maner, but with a loud voice, so as they myght not onely be heard, but also be vnderstād of the faythful people, what was said & don. MarginaliaDiuine seruice vsed in the vulgar tonge.Wherby it is to be gathered, that diuine prayers & seruice then, was in the vulgar tounge.

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And as thys Iustinian, and other Emperours in those dayes had the iurisdiction and gouernement ouer spirituall matters and persons, the lyke examples also may be brought of other Kynges, in other landes, who had no lesse authoritie in theyr Realmes, then Emperours had in their Empyre. MarginaliaClodoueusAs in Fraunce, Clodoueus the fyrst christened King at MarginaliaConcilium Aureliense.Orliance caused a councell of. 33. Byshops, where. 33. Canons were instituted concerning the gouernement of the church, within. 200. yeares after Christ. MarginaliaCarolus Magnus.Fx primo Tomo Concil. Carolus Magnus beside hys other lawes and edictes politicall, called. v. Synodes, one at Mentze, the second at Rome, the thyrd at Remes, the fourth at Labilone, the fyft at Crelace, where sundry rytes and ordinaunces were geuen to the clergye, about. 810. yeares after Christ. MarginaliaCanonicall scripture, onely to bee reade in churches.
Conc. Cartha. 3. ca. 47The same Carolus also decreed that onely the Canonicall bookes of Scripture should be red in the Church, and none other. Which before also was decreed, anno. 417 in the thyrd generall Counsell of Cartage. Item he exhorteth and chargeth Byshops and priestes to preach þ^e worde, with a godly iniunction: Episcopi vero vt siue per se siue per vicarios pabulum verbi diuini sedulo populis annuncient Quia vt ait beatus Gregorius: Iram contra se occulti iudicis excitat Sacerdos si sine prædicationis sonitu incedit Et vt ipsi clerum sibi cōmissum in sobrietate et castitate nutriant. Superstitiones quas quibusdam in locis in exequiis mortuorvm nonulli faciunt, eradicent,  

that is: MarginaliaBishops & priestes charged to preach w^t diligence.That Bishops eyther by them selues, or their deputies shall shew forth the foode of Gods word to the people with all diligence. For as Gregorye sayth, the priest procureth agaynst hym the wrath of the secret iudge, which goeth without the sound of preachyng. And also that they bryng vp theyr clergye to them committed insobernes and chastitie. MarginaliaSuperstitiō in funerals forbidden.
Ex Ausegiso Abbate., Lib. 1. ca 76The superstition which in certayne places are vsed of some, about the Funeralls of the dead, let them exterminate & plucke vp by rootes. &c. Moreouer instructing and informyng the sayd Byshops and priestes in þ^e office of preaching, willeth them, not to suffer any to fayne or preach to the people anye new doctrine of theyr own inuention, and not agreing to the word of God, but that they them selues both will preach such things as lead to eternall life, and also that they set vp other to do the same, and ioyneth withall a godly exhortation. Ideo, dilectissimi, toto corde præparemus nos in scientia veritatis, et mox: vt diuina donante gratia verbum dei currat et crescat, et multiplicetur, in profectum ecclesiæ dei sanctæ, et salutem animarum nostrarum,et laudem et gloriam nominis domini nostri Iesu Christi. Pax prædicantibus, gratia obedientibus, gloria domino nostro Iesu Christo. Amen.   Furthermore, the sayd Carolus in his cōstitutions diuideth the goods geuen to the Church so, that in the more wealthye places two parts should go to the vse of the poore, the third to the stipend of the Clergy. Otherwise in poorer places an equall diuision to bee made betwene the pouertye and the Clergy, vnles the gift had some special exception. Ex Ansegiso. lib. 1. cap. 80. And in the same booke a litle after, cap. 83. the author declareth by the saide Carolus to be decreed, that no ecclesiastical person or persons from thence foorth should presume to take of anye person, any such gift or donation, wherby the children or kinsfolkes of the sayd Donor shoulde bee defeited of theyr inheritaunce duly to them belonging. MarginaliaLudouicus Pius.Ludouicus Pius king of Fraūce, & after Emperour, was sonne to the foresaid Charles, who being ioyned together w^t the said Charles his father in the Empire, obtained also w^t hys father sundry actes and obseruances touchyng the gouernment of the Church, as in the author before alledged may appeare. MarginaliaEx Aus. Lib 1. cap. 20.As first, that no entry shoulde be made into the Church by Symony: Agayne, that Byshops should be ordayned by the free eledion of the Clergy and of the people, wythout al respect of person or reward, onely for the merite of lyfe, and gift of heauenly wysdome. Also the sayde Kynges and Emperours forbad that any free man or Citizen should enter the profession of Monkery, wythout licence asked of the kyng before, and added a double cause wherefore. Fyrst, for that many not for mere deuotion, but for idlenes and auoyding the kynges wars, do geue them selues to religion: agayne, for that many be craftely circumuented and deluded by subtile couetous persons, seekyng to get from them that whych they haue. lib. 1. cap. 14. ibidem. Item that no yong chyldren or boyes should be shauen or entre anye profession, wythout the wyl of their Parentes. And no young maydens should take the veale or profession of a Nunne, before she came to sufficient discretion of yeares, to discerne & chuse what they wyl follow. That none should be interred or buried thenceforth wythin the Churche, whych also was decreed by Theodosius and Valentinianus. 40. yeare before thē. MarginaliaLib. 2. C. de sacro. eccle.Item the sayd Carolus. 22. yeares before thys Emperour, enacted that murderers and such as were gilty of death by the law, should haue no sanctuary by flying into the Church. &c.which also was decreed by Iustinian 300. yeares before thys Carolus. MarginaliaIustini. in Nouell.Ex Nouel. Iust. MarginaliaLudouicus & Clotharius.Moreuer the foresayd Ludouicus Pius, wyth hys sonne Clotharius (or as some call hym, Lotharius) ioyned wyth hym, among other ecclesiasticall sanctions, ordayned a godly law, for laymen to communicate the sacrament of the body and bloud of the Lord in these wordes: Vt si non frequentius, vel ter, laici homines communicent: nisi forte grauioribus quibusdam criminibus impediantur.   That laymen do communicate at least thrise, if not ofter, except they be let percase by some most haynous & greuous offences. Anseg. lib. 2. cap. 43. Item they enac-

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