standeth of some number of the people) and by the moste parte of their voyces. By these things it appeareth, that this election of the Minister, by the people, is lawfull and Apost〈1 line〉〈1 line〉like, and con∣fe〈1 line〉〈1 line〉sed also by him, that those that are otherwise, bring with them subiection vnto the Church, and seruitude, and carya note and marke of corruption of Religion.
Laste of all that he go〈1 line〉〈1 line〉h about to defende the election vsed in the Churches where he was Minister by thys, that it approched vnto the election in the primitiue Churche. Nowe what cause there may be, that we should bring the Churche into bondage, or take awaye the order whereby bothe the Minister maye be better assured of hys calling, and the people maye the willyngiyer sub∣mitte them selues vnto theyr pastors and gouernours, or what cause to departe from the Aposto∣lyke forme, of the choyse of the Pastor beyng lawfull, I confesse I knowe not, and woulde be gladde to learne.
To assigne the cause hereof vnto the Christian Magistrate, and to saye, that these things can not be hadde vnder hym (as you vnder Maister Musculus name doe affyrme) is 〈1 line〉〈1 line〉o doe greate iniurie vnto the office of the Magistrate, whyche abridgeth not the libertie of the Churche but defendeth it, diminisheth not the Pastor his assurance of his calling, but rather encreaseth it, by establishyng the ordinarie callyngs onely, whiche in the time of perse〈1 line〉〈1 line〉ution some tymes are not so ordinarie, withdraweth not the obedience of the people from the Pastor, bu〈1 line〉〈1 line〉 vrgeth it where it is not, and constrayneth it where it is not voluntarie? And seeyng that also Musculus sayth, that these forced elections are remedyes for corruption of Religion, and disordered states, what greater dishonour can there be done vnto the holy institution of God in the ciuill gouernour, than to saye that these forced elections wythout the consent of the people, muste be where there is a Christian Magistrate: as thoughe there coulde be no pure Religion vnder him, when as in deede it maye be easily vnder hym pure, whiche can hardly, and with greate daunger be pure withoute hym. And when as it is sayde, that the Churches consente shoulde be hadde in the election of the Minister, we doe not denie the confirmation of the elections vnto the godly ciuill Magistrate and the disanulling of them, if the Churche in choosing, and the Ministers in directing, shall take any vnfitte man, so that yet, he doe not take away the libertie from the Church, of choosing a more conuenient man.
So that you see, that by Musculus your witnesse reasons, thys enforced election withoute the consente of the people, is but corrupte, and so oughte not to be in the Churche. And that al∣though it hath bene borne withall, yet it must be spoken against, and the lawfull forme of election la∣boured for, of all those that loue the truth, and the sinceritie therof.
Io. Whitgifte.
Turpe est doctori. &c. you haue before tolde vs, what Iustinian sayth in codice: Al∣so of an Epistle sent from the councell of Nice vnto the Churche of Egipt, as Theodoret ma∣keth mention: of the councell of Carthage, of Toletane councell, and afterwarde you tell vs what Augustine & Gratiā say, and wil, that the centuries should be seene. &c. & yet you neither tell vs in what part of Iustinians Code, in what booke of Chap. of Theodoret, in what coūcel of Cartharge, or of Toledo, in what tome of Augustine, or part of Gratiā, in what centurie, or booke of centuries, which all require much more tyme to search out, than this of Musculus, & especially your law, which (for any thing that I can perceiue) asketh so long a searche in codice Iustiniani, that I thinke it will neuer be founde there. But it is no great marueile for you reporte them as the Author doth of whom you borowe them, without any further searche or tryall. But to put you out of doubt, this place of Musculus is titulo de Magistratibus.
Musculus in déede confesseth that in the Apostles tyme, ministers were choosen by the people, and ordeyned and confirmed by the elders. And after that he hath shewed this man∣ner of election to haue béene vsed t〈1 line〉〈1 line〉 Cyprians tyme, he addeth and sayth: Ad hunc ita∣que modum eligebantur. &c. After thys manner in tymes paste were Ministers, Byshoppes, and Deacons elected: the whyche forme also of electing, Churches reteyned vnto the tyme of Christian Princes and Magistrates, whose consent was required in the election of Byshoppes, and that worthily, for it is not meete that those things whiche are to be done publikely, and concerne the people whiche be their subiectes, and perteine vnto them in respect of Religion (except we wil say with the Anabap. that Christians ought not to be Ma∣gistrates) shoulde be done without their consent.
After this, he declareth how the Bishop of Rome in the end, spoyled the Magistrate and the people also of this libertie: and when he hath spoken against the abuses of the Romane Church in that matter, he maketh an obiection of such Churches as professe the Gospell, saying, but some peraduenture wi〈1 line〉〈1 line〉l obiect that those Churches whyche in our time will seme to haue reformed Religion receiue their ministers of the Magistrate, &