II. , although in his decree (which in the first canon of the twenty-

third Distinction is recited) he gave the cardinals the primacy, in respect of other ecclesiastics and of the people of Rome, in the elec- tion of the Roman pontiff; yet he willed that his proper prerogative therein should be reserved to Henry IV., to whom the empire had devolved, but who was then a mere child. The eke- But after tliis, when Hildebrand, who was called Gregory VIL, th'Jrio'in ^^'as clcctcd popc (a.d. 1073), this prerogative of the emperors in the theempe- election, whicli the time before (in the creation of Alexander IL) had
mrs, be- ^ , , '
pinnethto bccu neglcctcd and broken, the bishop of Rome now not only did seek ucbrind'. to diminish the authority thereof, but also to evacuate and quite undo the same ; for he not only aspired to that dignity without the consent and appointment of the emperor, but also made restraint that no emperor, king, duke, marquis, earl, or any other civil magistrate, should assign and appoint to any man any ecclesiastical function and charge ; and that no one should be so hardy as to take such prefer- ment at any of their hands : as in Cause sixteen, Question seven, {v"J^ain canons twelve and thirteen, may be seen.
ciiaieiig- Yet notwithstandinij, after that this horrible monster Hildebrand was election, proscribcd and tlinist out of the papal seat, and Clement III. put in
(1) [Causa] 2. Qin.;.!. 7. can. -11. (2) See Appendix.
ELECTION OK POPE, IlKST WRESTED FKOM THE EMPEUOR. 403
]iis stead, Henry again cliallonged his imperial prerogative of election, insioryof But when the bishops who succeeded this Hildebrand, led on by '^//"'^ his example, began to derogate from the imperial prerogative of ^-'"p^'""''- election, and Henry, on the other side, by all the means possible A.D. sought to defend and maintain the same ; by the subtle fraud and ^--'J- mischievous policy of the bishops, who set the son against the father and found means to steal from him the hearts of his nobles and subjects and to set them all against him, and especially the princes of Germany, he was deposed and disappointed of his purpose.
And although Henry V., coming to Rome, brought Pascal U. (a.d. 1111) to that point, that he both in a public discourse, and in writing sealed and by oath confirmed, restored again to the emperors the prerogative of election and of giving ecclesiastical dignities ; yet notwithstanding, after that Henry, the emperor, was gone from Rome, Pascal, the pope, greatly repenting and sorrowing that he had done (in allowing and confirming through fear the privileges of the emperors touching the giving and disposing of ecclesiastical functions), excommunicated the emperor, and in a synodal council at Lateran ordained and decreed, that he should be had and accounted aceiir.-ed a wicked enemy, who would take any ecclesiastical function or prefer- a^ij'iJei'.e. ment at the hands of a civil magistrate; whereupon were made these 'ic^attiie deci'ees, Cause sixteen, Question seven, chapters sixteen, seventeen, layman, eighteen, and nineteen.
Therefore, when these decrees touching the designation of bishops in spite and contempt of the emperor were practised and put in use, and when that now (especially by the means and procurement of the bishops) intestine and civil wars began to rise in the empire, the imperial jurisdiction in this matter was not only weakened and much debilitated, but also in a manner utterly broken and lost. For when Henry V., the emperor, was sharply of Lothaire and his vassals, the bishops, beset and laid unto by the provocation of the pope, and was mightily by the bishops that took his part on the other side requested and entreated (in hope of public peace and tranquillity), that he would condescend and somewhat yield to the pope's demands ; he at length (the more was the pity), that he might be reconciled and have peace with Pope Calixtus II., in the city of Worms resigned that his Henry r. prerogative or jurisdiction of giving ecclesiastical preferments to the hh'lrero- pope and his prelates (a.d. 1122), which had been now more than gativeof three hundred years (from the time of Charlemagne) in the hands of the emperors of Rome, and until this time with great fortitude and princely courage conserved and kept ; which resignation turned to no small detriment both of the church of Christ and the christian commonwealth.
Then first, and never before, the bishop of Rome obtained and The eier- quietly enjoyed that prerogative of election and bestowing of bene- |e'J,",o°he fices, which he so long before with such great policies, now secretly, bishops of now openly and with force, had sought for. For the canons by which Gratian would prove, that before this time the city of Rome enjoyed the prerogative of electing the pope without the emperor's consent (as canons twenty-nine and thirty of the said sixty-third Distinction, and the ' Palea ' added to the latter, and canon thirty- _^[qJ'^" three), are plainly forged, and were introduced by Gratian himself, to of canons.
'iGi CHATIAX FORGES THE CANOXS.
y^ij/oryo/ flatter the papacy; as both Carolus Molinaeus sufficiently in divers