called Gregory the 7. was Pope: MarginaliaThe election hetherto in the emperours & nowe begyneth to fayle, by HildebrandThis prerogatiue of the Emperours in their election, which before in the cretion of Alexander þ^e byshop was neglected & broken: The bishops of Rome not onely did seeke to deminishe the auctoritie therof, but also to euacuate, & quite vndo þ^e same. For he, not onely aspired to that dignitie without the cōsent and apointement of the Emperour: but also made restraint that no Emperour, Kyng, Duke, Marques, Earle, or any other ciuile Magistrate: should assigne & apoint to any man any ecclesiasticall function & charge, neither that any of his prelates so hardy, should take thē at any of theyr handes, as q 16. canon 7. 9. and 10. may be seene.

MarginaliaHenry 4 again chalengeth the election.Yet not withstandyng, after that this horrible monster Hildebrand was proscript and thrust out of the Papall seat & Clement the 3. put in his stede: Henry agayne chalenged his Imperiall prerogatiue of election. But yet, when the bishops whiche succeded after this Hildbrand and led by hys examples, began to derogate from the imperiall prerogatiue of election: and Henry on the other side by all meanes possible, sought to defende and maintayne the same: By the subtile fraude and mischyuous pollicie of the bishops whiche set the sonne against the father, & found meanes to steale from him the harts of his nobles and subiects & to set them all agaynst hym, and especially the princes of Germanie: was deposed & disapointed of his purpose.

MarginaliaHenry the. v. also striueth for the electiō and faylethAnd although Henry the fifth (commyng to Rome) brought Paschalis the second to that point, þ^t he both in publique concion, and in writing sealed, and also by othe confirmed: restored agayne to the Emperours of Rome that prerogatiue of election, & of giuing ecclesiasticall dignities: yet not withstandyng, after that Henry the Emperour was gone frō Rome: Paschalis þ^e pope, greatly repentyng and sorowing that he had done (in allowyng and confirmyng the priuilegies of Emperours through feare) touching þ^e giuing & disposing of ecclesiasticall functions, excommunicated the Emperour: MarginaliaPriestes accursed that take anye benefice at the hands of a lay man.And in a Sinodall councel at Lateran ordained and decreed, that he should be had and accounted a wicked enemie, that would take any ecclesiasticall functiō or prefermēt at the hands of a ciuile magistrate, wherupō wer made these decrees q. 16. cap. 7. 13. 14. 15. and 16.

MarginaliaHēry. v. cōpassed by ciuile dissention for the prerogatiue of election as hys father was.Therfore, when these decrees touching the designation of Bishops, in spight and contempt of the Emperour were practised and put in vre: and when that now (especially by the meanes and procurement of the Byshops) intestine and ciuile warres began to rise in the Empire: theyr imperiall iurisdiction in this matter was not onely weakened and much debilitate, but also in maner, vtterly broken and lost. For when Henry the v. Emperour was sharply of Lotharius and his vassals the Bishops, be set and layd vnto by the prouocation of the pope: and was mightly by the Byshops that tooke his parte on the other side requested and intreated (in hope of publicque peace and tranquilitie) that he would condescend & somewhat yelde to the Popes demaundes: MarginaliaHenry the. v. resigneth hys prerogatiue of election.He at length (the more was the pitie) that he might be reconciled and haue peace with pope Calixtus the second: In the citie of Vangio departed frō and with, that his prerogatiue or iurisdiction of giuing ecclesiasticall prefermentes, to the pope and his prelates: now more thē thre hundreth yeres (frō the tyme of Charolus Magnus) in the handes of the Emperours of Rome, and vntill this tyme with great fortitude and princely courage, conserued and kept: whiche resignation turned to the no smal detriment both of the church of Christ, and christian common wealth.

MarginaliaThe election geuen to the bishoppes of Rome.Thē first and neuer before, obtayned the Bishop of Rome, and quietly enioyed that prerogatiue of election, and bestowyng of benefices: whiche he so longe before with such great policies (nowe secretly now openly, and now w^t forse) had sought for. And with what sufficient &good auctoritie Gratianus will proue, that before this time the same auctoritie was giuen to the citie of Rome for the election of the pope without the cōsent of the Emperour he showeth: as in the 29. and 30. canō: and what good stuffe he putteth in þ^e latter, and how subtelly that Papisticall flatterer or pontificall parasite hath forged the same: MarginaliaGratianus found a forger of the canons.Both Carolus Molineus sufficiētly in diuers places hath noted, and by the obseruation of tymes may of a meane historiographer that hath read the French and Germane histories, soone be spied and discerned. For first, fiue bishops one after an other succeded this Gregorie þ^e 4, vpō whom þ^e 29. canō is intituled or fathered: MarginaliaSergius. 2.
Iohn. 8.
Adrian. 2.
Iohn. 9. and Adrian. 3.that is, Sergius 2. Ihon 8. Adrian 2. Ihon 9. and Adrian the 3. Which Adrian, by force wrestyng the auctoritie of the election from the people, was made Pope: When as, this Gregory (specially to be noted) would not take on hym the papacie, before that the Emperour had cōsented to his election. MarginaliaThe second fault found with Grat.After this, Molineus compareth Raphael Volateranus with the 30. canon, which agayn is suspected: For why, whē Eugenius was bishop which was the successor of this Paschalis with whom Ludouicus Pius is sayd to haue made a leage or paction: The same Ludouicus Pius, with his sonne Lotharius together with the helpe of þ^e kyng of the Romanes, at Rome made lawes both to all his snbiects in the Empire, as also to the Romanes them selues: speaking nothyng of the renewyng of that decree made by Lotharius. MarginaliaThe thyrd fault found with Gratianus.Then againe, howe coulde Leo the fourth write to Lotharius and Ludouicus Emperours, that counterfet or forged decree, begynnyng with Constitutio, &c: when in the same, mentiō is made of Henricus Aucupes & Otho the first, which raigned more then 80. yeares after them and Leo the fourth, byshop of Rome.

MarginaliaHow shāelesse and impudent Gratianus is in forging the decrees.Now, wyth what face dare thys fond fellow Gratianus, make Otho the fyrst to bee authour of the. 31. Canon, whē as Otho depriued the same Iohn the. xij. of the papacie: And not only tooke nothyng from the imperiall iurisdiction concernyng the election, nor from the citye of Rome, nor anye other bishoppes subiecte to the Romane Empyre: but added somewhat more thereunto, as was sayd before. And yet not withstandyng, so shameles and senseles was thys Gracian, that he durst obtrude and lay before the Reader, so manifest fraude and euident legerdemayne (fayned and made of hys own braynes in the compilyng of this decree) being so necessarye as he thought for the dominion and primacie of the Romane bishops, in the steede of good and true lawes: neyther fearing that the same myghte bee after hys dayes reprehended, neyther to hys greate shame and discredit vnto hym attributed. MarginaliaThe corrupting of many good works to be found.Where also by þ^e way is to be noted, that as this graceles Gracianus to please these holye fathers and to erecte their kingdome, would geue so impudent an attempt to the blynding and deceauyng of all posterities: inserting for grounded truthes and holy decrees such loude lyes and detestable doctrine: what may be thought of the rable of þ^e rest of writers in those daies, what attemptes hope of gayne might cause thē to worke: By whom and such like is to be feared, þ^e falsefieng of diuers other good workes now extant, in those perilous tymes written.

MarginaliaThe electiō wrasted from the Emperour.Thus, when the bishops had once wrasted thys authoritie out of the Emperours handes: they then so fortified and armed them selues and their dominion, that although afterwardes Fridericke the fyrst, graundfather vnto thys good Empecour Fridericke the second, as also Ludouicus Boius, and Henricus Lucelburgensis (as men most studious and carefull for the dignities of the Empire: vnfayned louers and mayntayners of the vtilitie of the cōmon weale: and most desierus of the preseruation and prosperitie of the church) did all theyr indeuours wyth singular wysedome and strength, as much as in them lay, to recouer agayne from the bishopMarginaliaWhat Rome once catcheth that she kepeth.