of vnderstādyng. As though at that tyme any decrees were made, which should debarre Emperours for the constitutyng of the ecclesiasticall ministers. Or that it were doubtfull, whether the Emperours at that time had past any cōstitutions touchyng the causes of Ecclesiasticall discipline, and the same lawes then put in vre:; when the cōtrary most manifestly (both by the lawes and historyes of that age and tyme, as well of þ^e Church as of the Empire) may apeare. MarginaliaThe titles of Iustinian for the election.And that we neede not seeke farre for the matter: this thing is sufficiently proued by these titles, De sacrosanctis Ecclesijs, Episcopis, Clericis, beside other ecclesiasticall chapters, & matters touchyng Religion. All which are to be sene in the bookes of the principall and chief constitutions, collected and set forth by Iustinian. Amongest the which, many of the chapiters are sayd to be accepted and allowed of Honorius and Theodosius. MarginaliaThe Grecian Emperours, electours of Byshops.So in lyke case, the 21. can. in the 63. distinction, doth declare, that the Grecian Emperours that next insued after Iustinian, dyd obserue that maner of ordeinyng and election of the Byshop of Rome: although then at that tyme interpellatum erat it was somwhat sporned at. Amongest whom mention is made of Constantinus the fourth which was surnamed Pogonatus.

Carolus Magnus in lyke maner followed their steps and maner in the same, as in the 22. canon, and the same distinction is declared. MarginaliaThe election decreed by 153 Byshops in the councell of Laterane to be in the Emperour.And farther it was at a Synodal coūcell in Laterane (Adrian beyng high Byshop where were conuented and assembled 153. other Bishops) decreed: that the power and authoritie of creatyng the Byshop of Rome, and ordainyng of all other prelates and ecclesiasticall orders, should be in the power and will of Carolus Magnus, as well in Italy as other his dominions and prouinces: & that whosoeuer was no promoted & allowed by hym, should not be consecrated of any: And that those, which repugned and disobeyed, this decree should incurre, the most sharpe payne of proscription and publicatiō of law. The worthy example hereof, is extant in the 18. can. and 18. title. MarginaliaStephan the 4. first alterer of this election.Yet notwithstādyng, Stephanus the 4. author of this rescript agaynst the sayd decree and without the Emperours cōsent, was made Byshop of Rome. Who to that intent he might delude the decreed and solempnised penalty, thereby to excuse himselfe: wente into Fraunce to Ludouicus Pius the sonne of Carolus Magnus, and at Rhemis crowned he him with the imperiall diademe. Neither coulde this Byshop here stay himselfe, but spying the great lenitie of the Emperour, assayed to make frustrate the foresayd constitution. For his purpose was, & brought it so to passe, (as in the 27. canon & the same distinction appeareth:) that it might be lawfull for the ecclesiasticall order, with the people and senate of Rome (without the autoritie of the Emperour) to chuse the byshop of Rome; reseruyng, that he should not be consecrated without the will and consent of the Emperour. MarginaliaThe Bish.op of Rome the first breaker of the decrees of the councell.Thus is it manifest, that the Byshops of Rome thēselues, not regardyng but despising the straite penalty and sanction of the foresayd decree of the Laterane Coūcell: were not onely the first that brake the same, but also by contrary rescriptes and constitutions laboured and endeuored to extoll and set vp themselues aboue all other.

MarginaliaLotharius renueth the Lateran decree for election of Byshops.Wherupon, Lotharius afterward being Emperour and nephew to Carolus Magnus, commyng into Italy there to dissolue the conspiracie and confederacie of Leo the fourth about the translation of the Empire: renewed and stablished agayne the Synodall decree of Laterane, touchyng the iurisdiction of the Emperour for the election of the Bishop of Rome and other ecclesiasticall persons. And hereof it came, that those Epistles were writtē of Leo in the 16. & 17. canon, and the same distinction, which also as in the 9. canon and 10. distinction, made a profession, that the same Imperiall preceptes should be kept in all ages. This Leo when he was reproued of treason & other euils, pleaded his cause before Ludouicus the 2. Emperour of Rome, and sonne of Lotharius aboue recited, 2. q. 7. canon 40.

But after this as tyme grew on, the byshops of Rome nothyng relinquishyng their ambitious desires: MarginaliaOtho deposeth Iohn the 14 and ratifieth a new decree of election.Otho the first Emperour of that name, depriued and put from the seea of Rome that most filthy and wicked Byshop Iohn the xiij. both for diuers and sundry wicked and haynous actes by him committed, as also for his great treasons and cōspiracies agaynst his royall person: MarginaliaLeo the. 5. was instituted by Otho the Emper.and did substitute in hys place Leo the 5. Who callyng a Synode at Laterane in the same temple and place where the other before was kept: did promulgate a new constitution with the consent of the Senate and people of Rome, concernyng the Emperours iurisdiction in the foresayd election: which in the 23. canon is contained and 63. distinction. MarginaliaThe election once agayne ratified to be in the Emperours iurisdiction.Whereby, the old right and power of the Emperour in the electiō of the Byshop of Rome and other ecclesiastical prelates, was agayne with more sharper and straighter sanction confirmed & ratified. Agayne, Iohn the 18. whom Cressentius the Romaine (vsurpyng the imperiall crowne) had made Byshop by the consent of the people of Rome and the Ecclesiasticall order: hauyng his nose cut of, and his eyes put out, and so thrust out of the capitall: was agayne of Otho 3. established and made bishop. But when as yet notwithstandyng, the bishops of Rome would not alter their olde accustomed disposition, but with al their industry indeuored to abrogate that iurisdiction of the Emperour ouer the bishop of Rome (as a people loth to be vnder subiection) MarginaliaHenry the. 3 and Leo the. 9.Henry the 3. (then Leo the 9. beyng constituted bishop) did once agayne ratifie the same, and caused the bishop which extolled hymselfe before all hys fellow bishops, to stoupe and geue place to Moguntinus.

So, after the death of Henry þ^e 3. Emperour, Nicholas the 2. although in his decree (which in the first canon & 23. distinction is recited) gaue the primacie for the election of þ^e bishop of Rome by the meanes of the priestes and people of Rome, vnto the Cardinals: MarginaliaHenry the. 4. and Nicholas the. 2.yet he would after that, that þ^e prerogatiue therin should be reserued to Henry 4. the yong Emperor, from whom the Empire afterward was for a tyme wrested and taken.

But now after this, when Hildebrand which was called Gregory the 7. was Pope: MarginaliaThe election hetherto in the Emperours and now beginneth to fayle, by HildebrandThis prerogatiue of the Emperours in their election, which before in the cretion of Alexander the bishop was neglected and broken: The Bishops of Rome not onely did seeke to deminish þ^e auctoritie therof, but also to euacuate, and quite vndoe the same. For he, not only aspired to that dignitie without the consent and apointment of the Emperour: but also made restraint that no Emperour, kyng, duke, marques, erle, or any other ciuile Magistrate: should assigne and appoint to any man any ecclesiasticall function and charge, nether that any of his prelates so hardy, should take them at any of their handes, as q 16. canon 7. 9. and 10. may be sene.

MarginaliaHenry 4 agayne chalengeth the election.Yet not withstandyng, after that this horrible monster Hildebrand was proscript and thrust out of the Papal seat and Clement the 3. put in hys stede: Henry agayne chalenged hys Imperiall prerogatiue of election. But yet, when the bishops which succeded after this Hildbrand and led by his examples, began to derogate from the imperial prerogatiue of electiō: and Henry on the other side by all means possible, sought to defend and maintayne the same: By the subtile fraude and mischiuous pollicie of the bishops which set the sonne agaynst the father, and found meanes to steale from hym the hartes of hys nobles and subiectes and to set them all agaynst hym, and especially the princes of Germany: was deposed and disappointed of his purpose.

MarginaliaHenry the 5. also striueth for the election & faylethAnd although Henry the v. (cōming to Rome) brought Paschalis the second to that point, that he both in publique concion, and in writing sealed, and also by othe confirmed: restored agayne to the Emperors of Rome that prerogatiue of election, and of geuyng ecclesiasticall dignities: yet not withstandyng, after that Henry the Emperour was gone from Rome: Paschalis the Pope, greatly repentyng and sorowyng that he had done (in allowyng and confirming the priuilegies of emperors through feare) touching the geuing and disposing of ecclesiasticall functions, excommunicated the Emperor: MarginaliaPriestes accursed that take any benefice at the handes of a lay man.And in a Sinodall councell at Laterane ordained and decreed, that he should be had and accounted a wicked enemy, that would take any Ecclesiasticall function or preferment at the handes of a ciuile Magistrate, wherupon were made these decrees qu. 16. chap. 7. 13. 14. 15. and 16.

MarginaliaHenry 5. compassed by ciuile dissention for the prerogatiue of election as hys father was.Therfore, when these decrees touchyng the designatiō 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 bishops) intestine and ciuile warres began to rise in the Empire: their 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 hys vassals the bishops, be set and layd vnto by the prouocation of the Pope: and was mightely by the bishops that toke his part on the other side requested and intreated (in hope of publique peace and tranquilitie) that he would condescend and somewhat yeld to the Popes demaundes: MarginaliaHenry the 5. resigneth his prerogatiue of electiō.He at length (the more was the pitie) that he might be reconciled and haue peace with Pope Calixtus the 2. In the citie of Vangio departed from & with, that hys prerogatiue or iurisdictiō of giuing ecclesiastical prefermentes, to the pope and hys prelates: now more then 300. yeres (from þ^e tyme of Carolus Magnus) in the handes of the Emperours of Rome, and vntill this tyme with great fortitude & princely courage, conserued and kept: whiche resignation turned to no small detriment both of the church of Christ, and chri-