MarginaliaFred. suspected for hys graundfathers sake.withstanding, he had no sure confidence in him for that he had the suspected name of Friderike his graundfather often in remembrance, and for that occasion was much desirous to haue him farre from Italy.

MarginaliaThe coronatiō of Fridericke.When Friderike had gathered his power, he purposed to set vpon Otho his enemy: of which thyng Otho hearyng (as he was paynefull in trauell) came out of Italy with his army into Germany, thinkyng to haue met Fridericke at the riuer of Rhene, and to haue stopped his passage: but he was deceyued of his expectation, and Fridericus was crowned as þ^e maner of Aquisgraue is, before he came. MarginaliaThe death of Otho.And after that Fredericke, in the winter tyme he tooke his iourney to Francofert, and after many meetyngs in Norico had, & that Otho was dead, he set the Empire in stay, & the whole coūtry of Germany he in maner appeased: MarginaliaThe consecration of Fred. the Emperour.And then with all his nobles and princes he returned to Rome, and of Honorius the third was with great solemnitie cōsecrated and called Augustus. Which Honorius succeeded Innocentius. 3. in the papall sea: and was a great helpe to Fridericke (although he loued him not) in this behalfe, to reuenge him selfe vpon Otho.

MarginaliaThe liberall munificence of Fred. to the pope and church of Rome.After the consecration of Fridericke the second, he gaue many great and liberall giftes, as well to the Byshop of Rome himselfe, as also to the Court of Rome besides. Also he gaue & assured, by his Charter to the Church of Rome, the Dukedome of Fundanum. For by the vnsatiable couetousnes of the Romish Byshops, this wicked vse and custome grew: that vnlesse the Emperours elect and crowned, would geue vnto them such like great and large gifts: they could not obtaine of them theyr consecration or confirmatiō, which for that intent they deuised.

MarginaliaFrid. gaue thorough his liberalitie a sword to cut his owne throte.Furthermore, Fridericke the Emperour, willyng to shew himselfe more bountifull and liberall to the Church: neither yet to restrayne any priueledge that might benefite the same, gaue and admitted those constitutions which the Pope himselfe would desire, and are yet extant in their Ciuill law: By which his doynges, he deliuered to theyr hands a sword as it were, to cut his owne throte. For the byshops of Rome, now hauyng euen what they listed, and all in their owne handes: Might by the payne of proscription, bryng what Emperour or Kyng vnder coram nobis that them listed, & keepe them by their owne lawes, as it were bound in a certaine bandes out of the which they might not start. For what soeuer he were, which for the diminutiō of the liberties of the Church were excommunicate, and so continued a yeares space: then, he should be within the daunger of this proscript, & should not be released before he had made satisfaction, and were admitted by the Pope to the Church and congregation of good men agayne. MarginaliaThe canon of proscriptiō graūted & confirmed by Fred.Whereby it came to passe, that whatsoeuer Emperour in the gouernmēt of his dominions, should in any point displease or do contrary to the lust of the Byshop of Rome: he then as an enemy to the Church, was excommunicate. And vnlesse within a yeare he were reconsiled to them agayne (by this their principall law) he was in the proscript. And often it chaunced, that Princes to auoyde the payne of this proscript, were ready to do whatsoeuer the Pope would haue them, and commaund them to do.

MarginaliaFred after hys consecration directeth his prouinces and dominions.After the consecration of Fridericke was with great solemnitie finished, and that the Pope & Church of Rome in all ample maner (as is partly described) were gratified, and yet larger constitutions to them confirmed: he departed from Rome and went into Italy, there to set in order & stay the Cities and great townes, for the better tranquilitie of himselfe and safetie of his subiectes, and from thence into his own prouinces and dominions: where he heard of certaine, that beganne to rayse and make newe factions agaynst hym. Amōgest whom, were found Thomas and Richard, the brethren of Innocentius the thyrde, Earles of Anaquinos, that held certayne castels in the kyngdome of Neopolitanes from hym by force: MarginaliaThe liberalitie of Fred. well recompensed of Honorius. 3.which castels, he beseged & beate downe, and tooke from them all that, he in them found. Richard he tooke, & sent as a prisoner into Sicilia: But Thomas escaped and came speedely to Rome, whither also repayred certaine Byshops and others that were conspiratours agaynst Fridericke, as also such other as the feare of the Emperours lawes, & their owne gilty consciences caused to flee: and were (that notwithstandyng,) of this Byshop of Rome Honorius. 3. (to gratifie agayne the liberalitie of the Emperour bestowed vpō him) vnder his nose succored, mayntained and defended. Which thyng when Fridericke vnderstode, he began to expostulate with the Byshop, considering the vnsemelynes of that his fact. MarginaliaFred. expostulateth, the pope curseth.Agaynst whō, the Pope on the other side was so chafed and vexed, that he immediately without farther delay thundereth out agaynst hym like a tyraunt, his curses and excommunications.

Thomas Fazellus declareth, this detestation or defiaunce to happen betwene them somwhat otherwise. There were sayth he, amongest those which were found traytors to the Emperour certaine Byshops, which fleyng to the Pope, requested his ayde: wherupō, the Pope sent his Legates to the Emperour, and requested hym that he would admit and receaue to fauour those Byshops, which he had banished and put frō their offices, and that he would not entermedle with any Ecclesiasticall charge wherewith he had not to do: And sayd further, that the correction and punishment of such matters pertained to the Byshop of Rome, & not to him: and moreouer, that the ouersight of those Churches in that kyngdome, from the which he had expelled the Byshops, pertained and belonged to him.

MarginaliaThe Emperour replyeth to the Popes demaunde.Wherunto Fridericke thus replieth: That for as much as now. 400. yeares and more (from the tyme of Carolus Magnus) all Emperours and Kynges in their dominions might lawfully commit to apt and fit men for the same, such Ecclesiasticall functions and charges as within their territories and kyngdomes fell: That he looked to haue the like priuiledge and authoritie also, that other his predecessours before him had. And farther sayd, that he had the same and like authoritie in the Empire that his father Henry, & Fridericke hys graundfather, and other his predecessours before them had: neither had he so deserued at the handes of the Church of Rome, either of Honorius himselfe, to be depriued of those priuilegies which his auncetours before him had had, and kept. MarginaliaThe Emperour speaketh but reason howsoeuer it pleaseth the pope to take it.And further, Fridericke beyng chafed & moued with these demaundes of the Pope, breaketh forth and sayth: how long will the byshop of Rome abuse my pacience? when will his couetous hart be satisifed? wherunto wil this his ambitious desire grow? with such like wordes more, repeatyng certaine iniuries and conspiracies, both agaynst him and his dominiōs, as well by Honorius as Innocentius. 3. his predecessor, as also other lyke iniuries of Popes to his auncitours practised. What man sayth he, is able to suffer and beare this so incredible boldnes and intollerable insolencie of so proud a Byshop. Goe sayth he (vnto the Legates) and tell Honorius, that I will hazarde both the seignory of my Empire, and crowne of my kingdome, rather then I will suffer hym thus to deminish the autoritie of our maiesty. Thomas Facellus Lib. 8.MarginaliaThe strife betwene the Pope and the Emperour for the election and depriuation of byshops.

Now, because much disquietnes and controuersie hath arisen (for the most part throught all Christendome in euery kyngdome and Realme seuerally) for and about the autoritie as chusing and depriuyng of Byshops (as may be sene by the example of this Fridericke) which the Pope onely & arrogantly chalengeth to himselfe, and not to apertaine to any other: I thought good not with silēce to ouer passe but somwhat to say: & to proue the auctoritie of Christen kings and princes in this behalfe, to be both sufficient and good: Which thyng, not onely by the holy Scriptures is right easie to be done, but also by Synodall decrees and coūcels (diuers and sondry) to be established and confirmed may easly be proued: as also by the auncient custome and maner of the primitiue Church, may farther be corroborated and made good.

Wherunto appertaineth certaine places collected & MarginaliaAutorities, for the election of byshops to be in the princes and gtheir subiectes.gathered out of the decrees by Gratianus, & specially in these canons. 12. 13. 14. 26. 27. 32. and. 63. distinction. Farthermore, when Christian kyngs and princes began to embrace Christ his Religion, both for honor and orders sake it was graunted: that when the people desired such ministers as were conuenient & by them thought meete: that they which were then in the Ecclesiasticall function and chiefest in auctoritie, should either cōfirme such as were presented, or els themselues to place fit men in their Churches as neede required. So did the Emperours of Constantinople (receiuyng the order and maner from Constantine the great) vse and giue the right of Ecclesiasticall function, with the consent both of the people and ecclesiasticall persons, and lōg so retayned they the same. MarginaliaAutorities of electiō of the B. of Rome to be in the Emperour.As Honorius the Emperour vnto Boniface. canon. 8. dist. 79. & canon. 2. dist. 97. Also of Pelagius and Gregorius Magnus: of the which, one in the reigne of Iustinian the Emperour (and Totilia gouerning Italy) the other in the tyme of Mauritius the Emperour (when the Lombardes possessed Italy) were appointed Byshops to the Church of Rome. can. 15. 21. 24.

MarginaliaGratianus in his distinction, reproued for the electiō of bishops to be in the pope.And where, as Gratianus in the begynnyng of the 96 and 97. distinction doth declare, that the rescript of Honorius the Emperour is voyde and of none effect, for that he determined the election of the Bishop of Rome, contrary to the autoritie of the holy canōs: when as yet, neither to the ciuill magistrate, nor to any of the ecclesiasticall order can be read of any licence geuen them for to dispence withall: ech man may playnly see and discerne his great foly and want