Nowe I will shewe you * 1.1 whiche thinke that the consent of the Churche in their minister, can not stande with the time of a christian magistrate, that it hath not onely stoode, but hath bene con∣firmed in their tymes and by them. In codice Iustiniani it is thus written, following the doctrine of the holie Apostles (i) 1.2 &c. we ordeyne, that as often as it shall fall out, that the ministers place shall be boyd in any citie, that voyces be gyuen of the inhabiters of that citie, that he of thrce (which for their right faith, holynesse of life, and other good things are most approued) should be chosen to the Bishoprike which is the most meete of them. Also Carolus Magnus, which was the first Ger∣maine* 1.3 Emperoure in. 63. distinct. sacrorum canonum saith, being not ignorant of the holy Canons, that the holy Church in ye name of God should vse hir honoure the freelyer, we assent vnto ye eccle∣siasticall order, that the Byshops be chosen by election of the Cleargie and people, according to the statutes of the canons of that diocesse.
In the. 63. distinction it appeareth, that Ludouicus Carolus his sonne decreed, that he shoulde be Byshop of Rome, whome all the people of Rome should consent to choose.
Where do I say that the consent of the Church in the choise of their minister, cannot stande with the time of a Christian magistrate? I haue said that howsoeuer in the Apostles time, that kind of electing ministers was conueniente, now in thys state of the Churche it were pernitious and hurtfull: whiche to be moste true, the differences of the times before by me alleadged, do proue. The ciuill magi∣strate may committe this election to such as he liketh best, and may vse that maner and kind of choise, which he thinketh to be most conuenient for that Church, whereof* 1.4 he hath the chiefe care next vnto God: And these proofes that you here bring in to iu∣stify your cause, in my opinion do quite ouerthrow the same. For it appeareth to haue bin in the power of Emperours and ciuill magistrates, to appoynte the maner and forme of suche elections: why else shoulde they haue néeded to make any lawes or constitutions for that matter? It is true that Musculus Lo. com. tit. de magistra. speaking of the ciuill Magistrate sayth, Prudenter autem & magna. &c. But he muste wisely and ve∣rie* 1.5 warilye order the election of ministers, seeking nothyng else but that the flock of the Lorde might be prouided for. He shall choose not only suche men as are holie, but such as are also able to teach. He shal flee simonie more than a dog or snake But he shal vse that ma∣ner of election, which may be most profitable for the Churches: And, for somuche as hee is not able of himselfe to doe all things which perteine herevnto, he shall vse the helpe, and aide of faithfull men, and of those that feare God, vppon whose shoulders he may laye the care or burthen, whether they bee within the order of the ministerie of the woorde or of an other profession, but notwithstanding in suche sorte, that he him selfe doe know them whiche are chosen, and if they seeme meete do by his authoritie and power confirme them.
But to come to your authorities. The words that you do alleadge in codice Iustini∣ani,* 1.6 must somewhere else be sought for, I thinke your authoure Illiricus is deceyued in quoting that place: for surely I cannot vnderstand that they are to be founde in that booke. But from what authoure soeuer they come, you haue subtillie left out the words that expound his meaning and make directly against you. Wherefore I will recite them worde for word as they are reported in Illiricus, the authoure, out of whome you haue borowed them: Sequentes igitur doctrinam. &c. Folowing the doctrine