pant from the iniunctiō of the Apostle aboue alledged, thus describeth the office of a kyng: Hoc, inquit, officium rex se suscepisse cognoscat, vt sit in regno, sicut in corpore anima, & sicut Deus in mundo &c. Let a king (sayth he) vnderstand, that he hath taken this office vpon him, to be as the soule within the body, and as God in the world. Marginalia1. Pet. 2.In like agrement with the holye Apostle S. Paul, ioyneth also S. Peter: be you subiect (sayth he) to euery humaine creature, whether it be to the kyng, as most preeminent, or to other set ouer you, &c. Where the common glose addeth therto, to obey the same, whether they be good, or euill. These places rightly pondered, let any man now iudge whether the pope hath done open wrong to the Emperour, in surprising aboue the iurisdiction of his lawfull Prince and Magistrat, notwithstandyng whatsoeuer his owne Canon law sayth to the contrary.

And as it is sufficiently hetherto proued by Gods law, that all Ecclesiaticall persons owe their due subiection to their lawfull Princes, in matters as well temporall, as spirituall: so no lesse euidēces may also be inferred out of mās law, and examples of the oldest fathers, to proue the same. And first to begyn with the example of Gregory the great, who in his Epistle to Mauritius writeth thus: Dominus meus fuisti, quando adhuc Dominus omnium non eras: Ecce per me seruum vltimum suum, & vestrum respondebit Christus, &c. MarginaliaGregori Maurit. August. lib. 3. Epist. 61.that is: You were then my Lord, when you were not the Lord of the whole Empire: beholde Christ him selfe shall make you aunswere by me, whiche am his most simplest seruaūt and yours. &c. And before hym Eleutherius his predecessour Byshop of Rome, writing to Lucius, kyng of this Realme, calleth him by the name of Christes Vicare: But what needeth much confirmation of this matter, whē the Popes decrees and Canons be full of recordes hereof, testifiyng how the auncient Church of Rome not onely receaued, but also required of the Emperours, lawes and constitutions to be made, touching not onely such causes, but also such persons as were Ecclesiasticall. And here to omitte by the way the chap. Principes seculi. also cap. Administratores. 23. q. 5. Marginalia23. q. 5. cap. principes, cap Administratoreswith diuers other beside, I will recite out of the Epistle of Boniface the first to the Emperour Honorius, so much as serueth for our purpose, writtē. dist. 92. cap. Ecclesiæ. cap. Victor. MarginaliaDist. 97 cap ecclesiæ ca. Victor.Where it is mentioned that the sayd Bonifacius Byshop of Rome sent an humble supplication to the forenamed Emperour, desiring him, by his authoritie to prouide some remedy agaynst the ambitious cōtentions of the clergy, for the Byshoprike of Rome. Which Emperour Honorius incontinent at his request, directed and stablished a law, that none should be made Byshop of Rome through ambition, charging all Ecclesiasticall ministers to surcease from ambition, appointyng moreouer, that if two were elected together, neither of them both should be taken, but the election to procede further to an other to be chosen by a full consent of voyces, as is expressed. Dist. 79. cap. Si duo.

MarginaliaDist. 79 cap Si duo.To this I adioyne also the law and constitution of Iustinian the Emperour, ratified & renued afterward in the councell of Paris, in tyme of Kyng Ludouicus Pius. Where all Byshops and Priestes be expreslye forbidden not to excommunicate any man, before his cause was knowen and proued to be such, as for the whiche the auncient Canons of the Church would him to be excommunicate. And if any should otherwise proceede cōtrary to the same, thē the excōmunicate person to be absolued by þ^e autority of an heigher degree, and the excōmunicator to be sequestred frō the communion, so long as should seeme conueniēt to him that had þ^e executiō therof, as is expressed. 24. q. 3. De illicita. Marginalia24. q. 3. cap. De illicita.The same Iustinian moreouer in his lawes and cōstitutions, how many thynges did he dispose & ordeine in church matters, as to haue a determinate number of Churchmen or Clerkes in churches. const. 3. Also concernynge Monasteries & monkes. const. 5. MarginaliaEx Nouel. 5 Iustinian.how Byshops & Priestes should be ordeined. const. 6. concernynge remouyng 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 done in priuate houses, so that whosoeuer should attempt the contrary, should be depriued. Const. 57. Moreouer concerning Clerkes leauyng their Churches, const. 58. Also cōcernyng the order and maner of funerals, const. 59. And that Byshops should not keepe from their flocke, const. 67. The same Iustinian graūted to the Clergy of Constantinople the priuilege of the secular court, in cases onely ciuile, and such as touched not the disturbaunce of the Byshop, otherwise in all criminall causes he left them to the iudgement of the secular court, const. 83. He geueth also lawes & decrees for breach of matrimonie. const. 117. and in diuers other places. And in his constitution. 123. after the doctrine of S. Paul, he commaundeth all Bishops and Priests to sounde out their seruice, and to celebrate the misteries, not after a secret maner, but with a loud voyce, so as they might not onely be heard, but also be vnderstand of the faithfull people, what was sayd and done. MarginaliaDiuine seruice vsed in the vulgare toung.Wherby it is to be gathered, that diuine prayers & seruice then, was in the vulgar toung.

And as this Iustinian, and other Emperours in those dayes had the iurisdiction and gouernement ouer spirituall matters and persons, the like examples also may be brought of other Kynges, in other landes, who had no lesse authoritie in their Realmes, then Emperours had in their Empire. MarginaliaClodoueusAs in Fraūce, Clodoueus the first Christened Kyng at MarginaliaConcilium Aureliense.Orleans caused a Councell of. 33. Byshops, where. 33. Canons were instituted concernyng the gouernement of the Church, within. 200. yeares after Christ. MarginaliaCarolus Magnus.Ex primo Tomo Concil. Carolus Magnus beside his other lawes and edictes politicall, called. v. Synodes, one at Mentze, the second at Rome, the thyrd at Remes, the fourth at Cabilone, þ^e fift at Crelate, where sundry rites and ordinaunces were geuen to the Clergy, about. 810. yeares after Christ. MarginaliaCanonicall Scripture, onely to be read in Churches.
Conc. Cartha. 3. ca. 47The same Carolus also decreed that onely the Canonicall bookes of Scripture should be read in the Churche, and none other. Which before also was decreed, an. 417 in the third generall Councell of Cartage. Item he exhorteth and chargeth Bishops and Priestes to preach the word, with a godly iniunction: Episcopi verò vt siue per se, siue per vicarios, pabulum verbi diuini sedulò populis annuncient. Quia vt ait beatus Gregorius: Iram contra se occulti iudicis excitat Sacerdos si sine prædicationis sonitu incedit. Et vt ipsi clerum sibi commissum in sobrietate & castitate nutriant. Superstitiones quas quibusdam in loci in exequiis mortuorvm nonnulli faciunt, eradicent, that is: MarginaliaByshops and Priestes charged to preache with diligence.That Bishops either by them selues, or their deputies shall shew forth the foode of Gods word to the people with all diligence. For as Gregory sayth, the Priest procureth against him the wrath of the secret iudge, which goeth without the sound of preaching. And also that they bryng vp their Clergy to them committed in sobernes and chastitie. MarginaliaSuperstition in funerals forbidden.
Ex Ausegiso Abbate., Lib. 1. ca 76The superstition which in certaine places is vsed of some, about the Funeralls of the dead, let them exterminate and plucke vp by rootes. &c. Moreouer instructing and informing the sayd Byshops and Priestes in the office of preachyng, willeth thē, not to suffer any to fayne or preach to the people any new doctrine of their own inuention, and not agreyng to the word of God, but that they thē selues both will preach such things as lead to eternall life, & also that they set vp other to do the same, and ioyneth withall a godly exhortation. Ideo, dilectissimi, toto corde præparemus nos scientia veritatis, & mox: vt diuina donante gratia verbum Dei currat & crescat, & multiplicetur, in profectum Ecclesiæ Dei sanctæ, & salutem animarum nostrarum,& laudem et gloriā nominis Domini nostri Iesu Christi. Pax prædicantibus, gratia obedientibus, gloria Domino nostro Iesu Christo. Amen. Furthermore, the sayd Carolus in his constitutions diuideth the goodes geuen to the Church so that in the more wealthy places two partes should go to the vse of the poore, the third to the stipend of the clergy. Otherwise in poorer places an equall diuision to be made betwene the pouertie and the Clergy, vnles the gift had some speciall exception. Ex Ansegiso. lib. 1. cap. 80. And in the same booke a litle after, cap. 83. the author declareth by the sayd Carolus to be decreed, that no Ecclesiasticall person or persons from thence forth should presume to take of any person, any such gift or donation, wherby the children or kinsfolkes of the sayd Donor should be defeited of their inheritaunce duly to them belonging. MarginaliaLudouicus Pius.Ludouicus Pius kyng of Fraunce, and after Emperour, was sonne to the foresayd Charles, who beyng ioyned together with the sayd Charles his father in the Empire, obtained also with his father sundry actes and obseruances touchyng the gouernmēt of the Church, as in the author before alledged may appeare. MarginaliaEx Aus. Lib 1. cap. 20.As first, that no entry should be made into the Church by Symony: Agayne, that Bishops should be ordained by the free election of the Clergy and of the people, without all respect of person or reward, onely for the merite of life, and gift of heauenly wisedome. Also the sayd Kynges and Emperours forbad that any free mā or Citizen should enter the professiō of Monkery, without licence asked of the kyng before, and added a double cause wherefore. First, for that many not for mere deuotion, but for idlenes and auoyding the kynges warres, do geue them selues to Religiō: agayne, for that many be craftely circumuented and deluded by subtile couetous persons, seekyng to get from them that which they haue. lib. 1. cap. 14. ibidem. Itē that no young childrē or boyes should be shauen or entre any profession, without the will of their Parētes. And no young maydens should take the veale or profession of a Nunne, before she came to sufficient discretion of yeares, to