after an other? Or when the Byshops therof were elected and exalted, not by factions conspiryng, not by power or partes takyng, not by money or frendes makyng, as they be now, but by the free voyces of the people & of the Clergie, with the consent of the Emperour ioyned with all, and not by a few conspired Cardinals, closed vp in a corner, as they be now. &c.

MarginaliaThe iurisdiction and power of this new church of Rome examined.ANd yet if there were no other difference in the matter, but onely corruption of life, all that we would tollerate, or els impute to the common fragilitie of man, and charge them no further therein, then we might charge our selues. Now ouer and beside this deformitie of life, wherein they are cleane gone from the former steppes of the true Church of Rome, we haue moreouer to charge them in greater pointes, more nearely touchyng the substantiall grounde of the Church, as in their iurisdiction presumptuously vsurped, in their title falsely grounded, and in their doctrine heretically corrupted. In all which three pointes, this latter pretenced Church of Rome, hath vtterly sequestered it selfe from the image and nature of the auncient & true Churche of Rome, & haue erected to them selues, a new Churche of their owne making, as first vsurping a iurisdiction neuer knowen before to their auncient predecessors. For although the Church of Rome in the old primitiue tyme had his due authoritie and place due vnto that sea, among other patriarchal Churches, ouer and vpon such Churches as were within his precinct, and bordering neare vnto it, as appeareth by the actes of Nicene Coūcel: MarginaliaNicen. con. cap. 6.yet the vniuersall fulnes and plenitude of power in both the regimentes, spiritual and temporall, in deposing and dispensing matters of the Church, not to him belongyng, in takyng appeales, in geuyng elections, inuestyng in benefices, in exemptyng 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 they disagree in all their doinges. MarginaliaVictor stopped from his excommunication by Ireneus.For although Victor then Bishop of Rome, an. 200. went about to excommunicate the East Churches, for the obseruation of Easter day: yet neither did he proceede therin, neither was permitted by Ireneus so to doe. MarginaliaBoniface the first falsefieth the councell of Nice.And although Boniface the first likewise, writing to the Bishops of Carthage, required of them to send vp their appellatiōs vnto the Church of Rome, alledgyng more ouer the decree of Nicene Councell for his authoritie: The Byshops and Clergy of Carthage assemblyng together in a generall Coūcel (called the sixt Councell of Carthage) MarginaliaThe vi. Councell of Cartage.to the number of 217. Bishops, after they had perused the decrees in the autentike copyes of the foresayd Nicene Councell, and found no such matter, by the sayd Bonifacius alledged, made therfore a publike decree, that none out of that countrey should make any appeale ouer the sea. &c. And what meruell if appeales were forbidden them to be made to Rome, MarginaliaAppellations to Rome forbiddē in England.when as both here in England the kynges of this land would not permit any to appeale from them to Rome, before kyng Henry the second, because of the murther of Thomas Becket, beyng thereunto cōpelled by Pope Alexander the third? MarginaliaAppellations to Rome forbiddē in Fraunce.And also in Fraunce the like prohibitions were expressely made by Ludouicus Pius, an. 1268. whiche dyd forbid by a publicke instrument, called Pragmatica sanctio, all exactiōs of þ^e popes court within his Realme. Also by king Philipnamed La bel an. 1296, the like was done, which not onely restrained all sēding 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 did king Charles the fift, surnamed The Wise, and his sonne likewise after him Charles the sixt, who also punished as traitours, certaine seditious persons for appealing to Rome.MarginaliaEx Annonio de gestis Francorum li. 5. cap 34MarginaliaThe popes iurisdiction resisted in Fraunce. The like resistaunce moreouer was in the sayd countrey of Fraūce, agaynst the Popes reseruatiōs, preuentiōs, and other lyke practices of his vsurped iurisdiction in the dayes of Pope Martin the fift, an. 1418. Item, when kyng Henry the sixt in England, and kyng Charles the 7. in Fraunce, did both accord with the Pope, in inuesting and in collation of benefices, yet not withstandyng the high court of Parliament in Fraunce did not admit the same, but still maintayned the old libertie and customes of the Frēch church. In so much that the Duke of Bethfort came with the kynges letters patent to haue the Popes procurations and reseruations admitted, yet þ^e court of Parliamēt would not agree to the same, but the kynges procurator generall was fayne to go betwixt them, as is to be seene in their Registers, 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 call it, agaynst the Annates, reseruations, expectatiues, and such other proceedinges of the Popes pretenced iurisdiction, an. 1438. Wherefore what maruell if this iurisdictiō of the popes court in excōmunicating, in takyng appeales, and geuyng of benefices, was not vsed in the old Church of Rome, when as in these latter dayes it hath bene so much resisted?

MarginaliaThe Popes iurisdiction concernyng elections examined.And what should I speake of the forme and maner of elections, now vsed in the Church of Rome, cleane conuerted frō 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 few other Disciples, the Apostles then with prayer and imposition of handes, elected Bishops and Ministers, as by the Apostles Iames was made Byshop of Hierusalem, Paule in Creta elected Titus, and Timothe in Ephesus. Also Peter ordained Linus and Clement in Rome. &c. After which tyme of the Apostles, when the Church began more to multiply, the election of Byshops and Ministers stode by the Clergy and the people, with the consent of the chief Magistrate of the same place, and so continued duryng all the tyme of the primitiue Church, till the tyme, and after the time of Constantine the 4. Emperour, which Emperour (as writeth Platina and Sabellic. ennead. 8. lib. 6.) MarginaliaPlatina. Sabel. Enead 8. lib. 6published a law concernyng the election of the Romane Byshop, that he should be taken for true Byshop, whom the Clergy and people of Rome did chuse and elect, without any tarying for any authoritie of the Emperour of Constantinople, or the Deputy of Italy: so as the custome & fashion had euer been before that day, an. 685. And here the Byshops began first to writhe out their elections and their neckes a litle from the Emperours subiection, if it be so as the sayd Platina & Sabellicus after him reporteth. But many coniectures there be, not vnprobable, rather to thinke this cōstitution of ConstantineMarginaliaConstantine the. 4. Emperour of Constantinople. to be foreged and vntrue. MarginaliaThe Popes bibliothecarie suspected.First, for that it is taken out of the Popes Bibliothecarie, a suspected place and collected by the keeper and maister of the Popes Librarie, a suspected author, who whatsoeuer fayned writyngs or Apocripha he could finde in the Popes chestes of recordes, makyng any thyng on his maisters side: that he compiled together, and therof both Platina, Sabellicus, & Gratianus take most part of their reportes, and therefore may the more be suspected, &c.

MarginaliaThe constitution of Constantine the. 4. Emperour of Constantinople examined.Secondly, where Plantina and Sabellicus say that Constantine moued with the holynes of Pope Benedict the 2. made that constitucion, how semeth that to stād with truth, when both the Emperour was so farre of from him beyng at Constantinople, & also for that the sayd pope raigned but. x. monethes? which was but a small time to make his holines knowen to the Emperour so farre of. And giue he were so holy, yet that holynes might rather be an occasion for the Emperour to confirme and maintaine the olde receaued maner of his institution, then to alter it.

The third coniecture is this, for that the sayd constitution was not obserued, but shortly after by the said Benedict was broken in the electiō of Pope Conon. And yet notwithstandyng albeit the constitution were true, yet the election there by was not taken away from the people, and limited to the Clergy onely, and much lesse might be taken away frō the Clergy, and be limited onely to the Cardinals, without the consent of their Prince and ruler, accordyng to their owne rubrice in their decrees, where the rubrice sayth: De ordinatione Episcopi: Nullus inuitis detur Episcopus, cleri, plebis, & ordinis consensus & desiderium requiratur, &c. MarginaliaRubrica de ordiuatione Episcopi. ex Celestino Papa dist. 63. cap. Cleri.that is: Let no Bishop be geuen to any people agaynst their wils: but let the consent and desire both of the Clergy 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 onely, but to the order as wel of the Clergie, as of the people, to chuse not only þ^e Byshop of Rome, but any other Byshop within their owne Dioces whatsoeuer, and to the Monkes likewise, to chuse their owne Abbot, settinge aside all respect of persons and giftes, onely for the worthines of lyfe, and gift of wisedom, so as might be most profitable for doctrine, and example vnto the flocke, &c. MarginaliaLibertie graunted to the Clergie and to the people to chuse their Byshop.
Carolus Magnus
Ludouicus Pius.And this continued till the tyme of the foresayd Carolus Magnus, and Ludouicus his sonne, an. 810. of the which two, Carolus the father receaued expresly of Pope Adrian the first, full iurisdiction and power to elect and ordeine the Byshop of Rome, like as pope Leo the ix. dyd also to Ottho þ^e first Germain Emperour, an. 961 The other, that is, Ludouicus, sonne to the foresayd Charles, is sayd to renoūce agayne, and surrendre from him selfe and his successours, vnto pope Paschalis & the Romaines, the right and interest of chusinge the Romaine Byshop, and moreouer to giue and graunt to the sayd Paschalis the full possession of the Citie of Rome, and the whole territorie to