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t if the church or congregation have any real reason for refusing the persons nominate and offered unto them, and for choosing of others, their lawful desires be herein yielded unto. 2. Even when it comes to the election,(1017) yet _populus non solus judicat, sed proeunte et moderante actionem clero et presbyterio_, let the elders of the congregation, together with some of the clergy concurring with them, moderate the action, and go before the body of the people. Would to God that these things were observed by all who desire the worthy office of a pastor; for neither the patron's presentation, nor the clergy's nomination, examination and recommendation, nor the bishop's laying on of hands and giving of institution, nor all these put together, can make up to a man's calling to be a pastor to such or such a particular flock, without their own free election. Even, as in those places where princes are elected, the election gives them _jus ad rem_ (as they speak), without which the inauguration can never give them _jus in re_; so a man hath, from his election, power to be a pastor so far as concerneth _jus ad rem_, and ordination only applieth him to the actual exercising of his pastoral office, which ordination ought to be given unto him only who is elected, and that because he is elected. And of him who is obtruded and thrust upon a people, without their own election, it is well said by Zanchius, that he can neither with a good conscience exercise his ministry, nor yet be profitable to the people, because they will not willingly hear him, nor submit themselves unto him. Furthermore, because patronages and presentation to benefices do often prejudge the free and lawful election which God's word craveth, therefore the Second Book of Discipline, chap. 12, albeit it permitteth and alloweth the ancient patrons of prebendaries, and such benefices as have not _curam animarum_, to reserve their patronages, and to dispone thereupon to benefices that have _curam animarum_, may have no place in this light of reformation. Not that we think a man presented to a benefice that hath _curam animarum_ cannot be lawfully elected, but because of the often and ordinary abuse of this unnecessary custom, we could wish it abolished by princes. It followeth to speak of ordination, wherein, with Calvin,(1018) Junius,(1019) Gersom Burer,(1020) and other learned men, we distinguish betwixt the act of it and the rite of it. The act of ordination
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