Io. Whitgifte.
In what woordes doth M. Caluine confute it, or by what reason? you cut of the mat∣ter very shorte: in that booke and chapt. of his Instit. which you haue quoted in the margent, there is no such reason either alleaged or confuted. Only in the. 9. Section, he speaketh agaynst the temporall dominion of the Popish Bishops, whiche deriue their excessiue power not from the ciuill Magistrate, but fcō the Pope, cloking it with this pretence, that it is an ornament and beutie to the kingdome of Christ: which is far from any thing alleaged by me, why it is conuenient that our Bishops haue ciuill authoritie committed vnto them.
I would gladly heare a reason either of the Scripture, or any other authenticall wryter, why it should be as lawfull for a ciuill Magistrate to preache, minister the Sacraments, and excōmunicate, as for the Ecclesiasticall minister to vse corporall punishment: it was lawfull for Samuell to kill Agag, being the office of Saule: but it was not lawfull for Saule to offer vp sacrifices, that being the office of Samuell. The office and function of a mynister is not in his owne power to commit to whom he list: but the office of the ciuill Magistrate may be cōmitted to whom soeuer it shal please him best to like of, and to thinke most fitte for gouernment.
True it is that excōmunication is an Ecclesiastical censure which the mynister may exercise if the state of the Church will beare it (for reprehension is a discipline lawfull for euery Christian to vse) but it is not the onely censure: for the ciuill ma∣gistrate may appoynt other, as shall be to the state of the Church moste conuenient. You know what M. Gualter sayeth. 1. Cor. 5. As the Romaine Bishops vpon this place and such like, haue grounded their excommunication, which is the most effectuall instru∣ment of their tyrannie, whereby they haue cruelly vexed not onely priuate men, but also Kinges and Emperours, and haue bene the causes of ciuill warres and sedition: euen so the Anabaptists whilest they perswade themselues, that there can be no discipline without ex∣cōmunication, they trouble the churches euery where, and make thēselues laughing stockes to all the world, &c. Let euery church follovve that kinde of discipline vvhich is most meete for the countrie vvherein they liue, and vvhich may be moste commodious in respect of time and place: and let no man here rashly pre∣scribe vnto an other, or seeke to binde all men to one and the same forme.
Of old time there hath bene other kinde of punishments, than either reprehensiōs or excōmunication, as it may appeare euen in that Canon attributed to the Apostles which you haue before rehearsed: where the punishment appoynted, is depriuation, as it is also in the most of the other Canons, and in diuerse other councels.
You say that if it be a helpe to the ministers office, that he should meddle with the ciuill pu∣nishmēts: why should it not be a helpe to the magistrates office, that he should excommunicate, &c. The answere is soone made. The Magistrate may do that by corporall punishment that the minister can not do by Ecclesiasticall discipline: neither is there any man so desperate, whom the magistrate by his authoritie may not brydle, but such is ye time now that fewe regarde the greatest censures of the Church.