discerne & chuse what they will follow. That none should be interred or buried thenceforth within the church, which also was decreed by Theodosius & Valentinianus. 40. yeares before them. MarginaliaLib. 2. C. de sacro. eccle.Item the sayd Carolus. 22. yeares before this Emperour, enacted that murderers and such as were gilty of death by the law, should haue no sanctuarie by flying into the Churche. &c.whiche also was decreed by Iustinian 300. yeares before this Carolus. MarginaliaIustini. in Nouell.Ex Nouel. Iust. MarginaliaLudouicus & Clotharius.Moreuer the foresayd Ludouicus Pius, with his sonne Clotharius (or as some call hym, Lotharius) ioyned with him, among other Ecclesiasticall Sanctions, ordained a godly law, for laymen to communicate the Sacrament of the body and bloud of the Lorde 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 more haynous greuous offences. Anseg. lib. 2. cap. 43. Item they enacted that no goods of the church should be alienated vnder the payne leoninæ constitutionis, Vnto this Lotharius French king and Emperour, MarginaliaClodouicus 11.Pope Leo the fourth writeth that Romana lex, that is, the Romane law (meaning the law of the French Emperours) as it hath hetherto stode in force: Ita & nunc suum robur propriumque vigorem obtineat, that is: so now it may continue still in hys vigor and strength. Ino Carnotensis. lib. 11. decretorum, about the yeare of the Lord. 848. MarginaliaEx Inon. Carnotensis. Lib. 11 decretorum.After this Lotharius succeded his sonne Ludouicus the secōd in the kingdome and Empire of Fraunce, before whom the foresayd MarginaliaThe Pope pleadeth his cause at the barre before the Emperour.Pope Leo was brought into iudgement, and pleaded his cause of treason, and there was before the Emperour quyt and released. Whice declareth that Popes and Bishops all this whyle were in subiection vnder their Kynges and Emperours. Marginalia2. quest. 7. cap. Hos si incontitēter.Moreouer descending yet to lower tymes, an. 1228. MarginaliaLudouicus ix.Ludouicus. 9. called holy Ludouike, made a lawe agaynst the pestiferous simonie in the Church, also for the maintenaūce of the libertie of the Churche of Fraunce, established a law or decree, agayst the new inuentions, reseruations, preuentions, and exactions of the court of Rome, called Pragmatica sanctio, S. Ludouici, MarginaliaPragmatica sanctio. S. Ludouici.the which Sanction was also practised long after in the kingdome of Fraunce against the Popes collectors and vndercollectors, as appeareth by the MarginaliaArestum Senatus parisions. ex Molinæo.Arestum of the counsaile of Paris. an. 1463. ex Molinæo in commentariis. MarginaliaPhilippus Pulcher.Furthermore King Philip le Bel. 1303. set forth a law, called Philippina, wherin was forbid any exaction of new tithes, and first fruites, and other vncustomed collections, to be put vpon the Church of Fraunce. MarginaliaCarolus Sapiens.Carolus the. v. named Sapiens, an. 1369, by a law commaunded, that no Bishops nor Prelates, or their Officials within his Kingdome of Fraunce should execute any censure of suspense, or excommunication, at the Popes commaundement, ouer or vpon the Cities, or Townes, corporations, or commons of his Realme. ex regrist. antiquarum const. chart. 62. MarginaliaCarolus. vi. Item Carolus Vi. an. 1388. agaynst the Cardinals and other officials, & collectors of the Pope, reuokyng agayne the power whiche he had geuē to thē before, prouided by a law, that the fruites and rentes of benefices, with other pensions, and Byshops goodes that departed, should no more be exported by the Cardinals & the popes collectors vnto Rome, but shoulde be brought to the Kyng, and so restored to them to whom they rightly did appertaine.

The like also may be inferred and proued by the stories and examples of our Kyngs here in Englād, as Kyng Offa, King Egbertus, Edgarus, Aluredus, Athelwoldus, Canutus, Edwardus, William Conqueror, Wilhel. Rufus, Henricus the first, Henricus the second till the time of Kyng Iohn and after. Whose dealyng as well in Ecclesiaticall cases, as in temporall, is a sufficient demonstration to proue what iniury the Popes, in these latter dayes, haue done vnto the Emperours their lawfull gouernours and Magistrates: in vsurping such fulnes of power & iurisdiction ouer them, to whom properly they owe subiection, cōtrary to the steps and example of the old Romaine Byshops their aunciters, and therfore haue incurred the daūger of a premunire, worthy to be depriued. Although it is not to be denyed, but that Ecclesiasticall ministers and seruitures haue their power also committed vnto them after their sort, of the Lord: yet it becommeth euery man to know his owne place and standyng and thereto keepe him, wherin his owne precinct doth pale hym & not rashly to breake out into other mēs walkes. As it is not lawfull for a ciuile Magistrate to intermedle with a Byshops or a preachers function: so vnsemely and vnorderly it is agayne, that Boniface the. viij. should haue borne before him the temporall mase, and the naked sword of the Emperour, or that any Pope should beare a triple crowne, or take vpon him lyke a Lord and Kyng. Wherfore let euery man consider the compasse and limitation of his charge, and exceede no farther. MarginaliaThe office of the Ecclesiasticall minister.The office and charge of a Byshop or seruiture Ecclesiasticall, was in the old law to offer sacrifice, to burne incense, to pray for the people, to expounde the law, to minister in the tabernacle, with which office it was not lawfull for any Prince or man els to intermedle, as we read how Ozias was punished for offering incense, and an other for touchyng the Arke: so nowe the office of Christian ministers is to preach the word, to minister Sacramentes, to pray, to binde and loose, where cause vrgently requireth, to iudge in spiritual cases, to publish and denoūce free recōciliatiō, and remission in the name of Christ, to erect & comfort troubled consciences with the rich grace of the Gospel, to teach the people the true difference betwixt the law and the Gospell, wherof the one belongeth to such as be not in Christ, & come not to him: the other pertaineth to the true beleuers in the sonne of God, to admonish also the Magistrates erryng or transgressing in their office. &c.

MarginaliaThe office of ciuile rulers and magistrates.And as these properly belong to the function of the ecclesiasticall sorte: so hath the ciuile gouernour or Magistrate agayne his proper charge and office to him assigned, which is to see the administration of iustice and iudgement, to defend with power the right of the weake that suffer wrong, to defend from oppression the poore oppressed, to minister with equalitie, that which is right and equall to euery man: to prouide lawes good and godly, to see the executiō of the same as cause moueth: especially to see the law of God mainteined, to promote Christes glory and Gospell, in settyng vp and sendyng out good preachers, in mto be elected that be faythfull, in remouyng or els correctyng the same beyng faulty or negligent, in congregating the Clergy when neede is of any counsell, to heare their learning in causes propounded, and accordyng to the truth learned, to direct hys iudgement, in disposing such rytes and ordinaunces for the Church, as make to edification, not to the destruction thereof, in conseruyng the discipline of the Church, and setting all thynges in a congrue order. Briefly, the office of the ciuile ruler and magistrate extendeth to minister iustice and iudgement in all Courtes as well temporall, as ecclesiasticall: to haue correction ouer all transgressours, whether they be laymen or persons ecclesiasticall. And finally all such thyngs as belong to the mouyng of the sword, what soeuer, that is to say, all outward punishment, is referred to the iurisdiction of the secular Magistrate, vnder whose subiection the ordinaunce of God hath subiected all orders & states of men.

Here we haue the witnesse also of Hormisda Byshop of Rome, which beyng well weyed, maketh the matter plaine, that Princes haue to deale in spirituall causes also, not onely in temporall: where the said Hormisda writeth to Ephiphanius, Patriarche of Constantine, in this sorte: Clara cœlestis misericordiæ demonstratio procedit, quando reges seculi causas de fide, cum gubernatione politiæ cōiungunt. &c. ex Act. v. vniuers. concil. Constantin secundi. an. 528. And thus much, and to much peraduenture concernyng the matter of iurisdictiō, in which point this new Church of Rome hath swarued from the auncient Church of Rome, whiche was, as is sufficiently proued.

MarginaliaThe. 3. point whenin the Churche of Rome.THe third point wherin the Churche of Rome hath broken and is departed from the Churche of Rome, is the forme of stile and title annexed to the Byshop of that Sea. As where he is called Pope, most holy father, vicare generall, and vicare of Christ, successour of Peter, vniuersall Bishop, Prince of Priestes, head of the Church vniuersall, Summus orbis pontifex, Stupor mundi, head Byshop of the world, the admiration of the world, neither God nor man, but a thyng betwene both, &c.for all these termes be geuen him in popishe bookes. MarginaliaThe titles & stile of the Bishop of Rome.Albeit the name pope, being a Greeke name, deriued of πάππας, which soūdeth as much as Father, in the Syracusane speech, may peraduenture seme more tolerable, as which hath bene vsed in the olde tyme amōg bishops, for so Austen was called of the Coūcel of Aphrike, Hierome, of Boniface & other. Also Cypriā byshop of Carthage, was called papa. 24. q. 1. cap. loquitur et dist. 50.cap. De eo tamen. Marginalia24. q. 1 cap. Loquitur.
Dist. 50 cap De eo tamen.Itā, Clodouæus or (as Rhenanus calleth him) Ludouicus, first Christiā Kyng of Fraūce, calleth a certain simpler Byshop, papam. MarginaliaPapa a common name in the olde tyme to all Byshops of heygher knowledge and vertue.Hierome also in his Epistle to Chromatius calleth Valerianus, by the name of Pope: and likewise writyng to Eustachium, and Fabiola, he calleth Epiphanius beatum Papam. In the Apologies of Athanasius, we read oft tymes that he was called papa, and Archiepiscopus. Ruffinus also lib. 2. cap. 26. calleth him, Pontificem maximū: Also Aurelius President in the. vj. Councell of Carthage was called of the sayd Councell, papa, ex. cap. 4. vi. concil. Carthag. MarginaliaHierony. ad Chromarium Epist. Edem ad Eustathium & Fabiolam.And before this Eleutherius Byshop of Rome, writyng to kyng Lucius the first Christen Kyng in this lād,