MarginaliaAutorities, for the election of byshops to be in the princes and gtheir subiectes.gathered out of the decrees by Gratianus, and specially in these canons. 12. 13. 14. 26. 27. 32. and. 63. distinction. Farthermore, when Christian kynges and princes begā to embrace Christ his religion, both for honor and orders sake it was graunted: that when the people desired such ministers as wer conuenient and by them thought meete: that they which were then in the ecclesiastical function and chiefest in auctoritie, should either cōfirme such as were presented, or els place them selues fit men in their churches as nede required. So did the Emperours of Constantinople (receiuyng the order and maner from Constantine the greate) vse and giue the right of ecclesiasticall function, with the consent both of the people and ecclesiasticall persons, and long so retained they þ^e same. MarginaliaAutorities of election of the B. of Rome to be in the Emperour.As Honorius the Emperour vnto Boniface. canon. 8. dist. 79. and can. 2. dist. 97. Also of Pelagius and Gregorius Magnus: of the whiche, one in the reigne of Iustinian the Emperour (and Totilia gouernyng Italy) the other in the tyme of Mauritius the Emperour (when the Lumbardes possessed Italy) were appoynted bishops to the churche of Rome. can. 15. 21. 24.

MarginaliaGratianus in his distinction, reproued for the election of bishops to be in the pope.And where, as Gratianus in the beginning of the 96 and 97. distinction doth declare, that the rescript of Honorius the Emperour is voide and of none effect, for that he determined the election of the bishop of R ome, contrarye to the autoritie of the holy canons: when as yet, neither to the ciuile magistrate, nor to any of the ecclesiasticall order can be red of anye licence geuen them for to dispence withall: eche man may plainly see and discerne his great foly and wante of vnderstanding. As thoughe at that tyme any decrees were made, which shoulde debarre emperours for the constitutyng of the ecclesiasticall ministers. Or that it were doubtfull, whether þ^e emperors at that tyme had past any constitutions touching the causes of ecclesiasticall discipline, and þ^e same lawes thē put in vre:; when the contrary most manifestly (both by the lawes and histories of that age and tyme, as well of the church as of þ^e empyre) may apeare. MarginaliaThe titles of Iustinian for the election.And þ^t we shal not seke farre for the matter: this thyng is sufficientlye proued by these titles, de sacro sanctis ecclesijs, Episcopis, Clericis, besyde other ecclesiasticall chapters, & matters touchyng religion. All which are to be seene in þ^e bookes of the principall and chief constitutions, collected & set forth by Iustinian. Amongest the which, many of the chapiters are sayd to be accepted and allowed of Honorius and Theodosius. MarginaliaThe Greciā emperours, electours of byshops.So in lyke case, the 21. can. in the 63. distinction, doth declare, that the Grecian emperors that next insued after Iustinian, dyd obserue that manner of ordeinyng and election of the bishop of Rome: althoughe then at that tyme interpellatū erat it was somewhat sporned at. Amongst whome mention is made of Constātinus the iiij. which was surnamed Pogonatus.

Carolus Magnus in lyke maner followed their steps and maner in þ^e same, as in the 22. canon, and the same distinction is declared. MarginaliaThe electiō decreed by 153 bishops in the coūcel of Laterane to be in the Emperour.And farther it was at a Synodal councel in Laterane (Adrian beyng highe bishop where were conuented and assembled 153. other byshops) decreed: that the power and authoritie of creatyng the byshop of Rome, and ordainyng of all other prelates and ecclesiasticall orders, should be in the power and wyl of Carolus Magnus, as wel in Italy as other his dominions and prouinces: and that whosoeuer was no promoted and allowed by him, should not be consecrated of anye: And that those, which repugned and disobeyed, this decree shoulde incurre, the moste sharpe payne of proscription and publication of lawe. The worthye example hereof, is extant in the, 18. can. and 18. title. MarginaliaStephan the 4. fyrst alterer of this election.Yet notwithstāding, Stephanus the 4. autor of this rescript agaynst the sayd decree and without the Emperors consent, was made bishop of Rome. Who to that intent he myght delude the decreed and solempnised penaltie, therby to excuse hymselfe: wente into Fraunce to Ludoui-cus Pius the sonne of Carolus Magnus, and at Rhemis crowned he him wyth the imperiall diademe. Neyther coulde thys bishop here stay himselfe, but spying þ^e great lenitie of the Emperour, assayed to make frustrate the foresayd constitution. For hys purpose was, & brought it so to passe, as in the 27. canon and the same distinctiō appeareth: that it myght be lawfull for the ecclesiasticall order, wyth the people and senate of Rome (without the autoritie of the emperour) to chuse the bishop of Rome; reseruyng, that he should not be consecrated wythout þ^e wyll and consent of the emperour. MarginaliaThe bishop of Rome the fyrst breaker of the decrees of the councell.Thus is it manifest, that the bishops of Rome themselues not regarding but despising the straite penaltie and sanction of the foresayd decree of the Laterane councel: were not onely the fyrst that brake the same, but also by contrary rescriptes and constitutions laboured and endeuored, to extoll and set vp themselues aboue all other.

MarginaliaLotharius renueth the Lateran decree for election of bishops.Wherupon, Lotharius afterwarde beyng emperor and nephew to Carolus Magnus, comming into Italy there to dissolue the conspiracie and confederacie of Leo the 4. about the translation of the Empyre: renewed & stablished agayne the Synodall decree of Laterane, touchyng the iurisdiction of the emperour for the election of the bishop of Rome and other ecclesiasticall persons. And hereof it came, that those epistles were written of Leo in the 16. and 17. canon, and the same distinction, which also as in the 9. canon and 10. destinction, made a profession, that the same imperiall preceptes should be kepte in all ages. This Leo when he was reproued of treason & other euils, pleaded hys cause before Ludouicus the 2. Emperour of Rome, and sonne of Lotharius aboue recited, 2. q. 7. canon 40.

But after this as tyme grew on, the byshops of Rome nothyng relinquishing their ambitious desires: MarginaliaOtho deposeth Iohn the xiiii and ratefyeth a new decree of election.Otho the first emperour of that name, depryued and put from the see of Rome that most filthye and wycked bish. Iohn the xiij. both for dyuers and sundry wicked and hainous actes by him committed, as also for hys great treasons and conspiracies against his royall person: MarginaliaLeo the. 5. was instituted by Otho the Emperour.and dyd substitute in hys place Leo the 5. Who callyng a Synode at Laterane in the same temple and place where the other before was kept: dyd promulgate a new constitution w^t the consent of the senate and people of Rome, concerning the emperours iurisdictiō in the foresayd election: which in the 23. canon is contayned and 63. distinction. MarginaliaThe election once agayn ratifyed to be in the Emperours iurisdiction.Wherby, the olde right and power of the emperour in the election of the byshop of Rome and other ecclesiasticall prelates, was agayne with more sharper & straighter sanction confirmed and ratified. Againe, Iohn the 18. whom Cressentius þ^e Romaine (vsurpyng þ^e imperiall crowne) had made bishop by the consent of the people of Rome & the ecclesiasticall order: hauing his nose cut of, and hys eyes put out, and so thrust out of the capital: was agian of Otho 3. established & made bishop. But when as yet notwithstandyng, the bishops of Rome would not alter their olde accustomed disposition, but wyth all their industry indeuored to abrogate that iurisdiction of the Emperour ouer the byshop of Rome (as a people loth to be vnder subiection) MarginaliaHenry the. 3 and Leo the. 9.Henry the 3 (then Leo the 9. beyng constituted bishop) dyd once agayn ratify the same, and caused the bishop which extolled hymselfe before all hys fellowe bishops, to stoupe & geue place to Moguntinus.

So, after the death of Henry the 3. emperour, Nicholas the 2. although in his decree (which in the first canon and 23. distinction is recited) gaue the primacie for the election of the bishop of Rome by the meanes of the priestes and people of Rome, vnto the Cardinals: MarginaliaHenry the. 4. & Nicholas the. 2.yet he would after that, that the prerogatiue therin shoulde be reserued to Henrye the 4. the yonge Emperour, from whome the empire afterwarde was for a tyme wrested and taken.

But nowe after this, when Hildebrand whiche was