Treatise on the Power and Primacy of the Pope, Articles 72-82.

The section presents an ecclesiology wherein a church can and may elect its ministers. Given the failures of bishops and the dirty hands of Papists, this is a necessity. Herein is a choking point that Lutherans have with High Church Anglicans who make/made the episcopacy a mark, an essential mark, of a true church. The English Reformers did not take that perspective, to wit, a iure divino arrangement for bishops. Bishops who have taught false doctrines are "accursed." (Gal.1.7) In the course of history, Bishops have drawn power to themselves, have defended godless doctrines, and have--like modern day Pentecostal preachers--turned rich profits. From this scribe's perspective, it would be very wise to canonically arrange the episcopate into a more presbyterial arrangement with "term limits" and accountability to the presbyters. There are two, not three, orders of ministry in the New Testament. The Bishop could function like a Lutheran superintendent or a Clerk of a Presbytery. Baronial, lordly, feudal, and monarchial arrangements need to be reformed. Here are the articles from The Treatise on the Power and Primacy of the Pope, Articles 72-82.

72] From all these things it is clear that the Church retains the right to elect and ordain ministers. And the wickedness and tyranny of bishops afford cause for schism and discord [therefore, if the bishops either are heretics, or will not ordain suitable persons, the churches are in duty bound before God, according to divine law, to ordain for themselves pastors and ministers. Even though this be now called an irregularity or schism, it should be known that the godless doctrine and tyranny of the bishops is chargeable with it], because Paul, Gal. 1:7f , enjoins that bishops who teach and defend a godless doctrine and godless services should be regarded as accursed.

73] We have spoken of ordination, which alone, as Jerome says, distinguished bishops from other elders. Therefore there is need of no discussion concerning the other duties of bishops. Nor is it indeed necessary to speak of confirmation, nor of the consecration of bells [nor other tomfoolery of this kind], which are almost the only things which they have retained. Something must be said concerning jurisdiction.

74] It is certain that the common jurisdiction of excommunicating those guilty of manifest crimes belongs to all pastors. This they have tyrannically transferred to themselves alone, and have applied it to the acquisition of gain. For it is certain that the officials, as they are called employed a license not to be tolerated and either on account of avarice or because of other wanton desires tormented men and excommunicated them without any due process of law. But what tyranny is it for the officials in the states to have arbitrary power to condemn and excommunicate men without due process of law!

75] And in what kind of affairs did they abuse this power? Indeed, not in punishing true offenses, but in regard to the violation of fasts or festivals, or like trifles! Only, they sometimes punished adulteries; and in this matter they often vexed [abused and defamed] innocent and honorable men. Besides, since this is a most grievous offense, nobody certainly is to be condemned without due process of law.

76] Since, therefore, bishops have tyrannically transferred this jurisdiction to themselves alone, and have basely abused it, there is no need, because of this jurisdiction, to obey bishops. But since there are just reasons why we do not obey, it is right also to restore this jurisdiction to godly pastors [to whom, by Christ's command, it belongs], and to see to it that it is legitimately exercised for the reformation of morals and the glory of God.

77] There remains the jurisdiction in those cases which, according to canonical law, pertain to the ecclesiastical court, as they call it, and especially in cases of matrimony. This, too, the bishops have only by human right, and that, not a very old one, as appears from the Codex and Novellae of Justinian that decisions concerning marriage at that time belonged to the magistrates. And by divine right worldly magistrates are compelled to make these decisions if the bishops [judge unjustly or] are negligent. The canons also concede the same. Therefore, also on account of this jurisdiction it is not necessary to obey bishops.

78] And, indeed, since they have framed certain unjust laws concerning marriages, and observe them in their courts, there is need also for this reason to establish other courts. For the traditions concerning spiritual relationship [the prohibition of marriage between sponsors] are unjust. Unjust also is the tradition which forbids an innocent person to marry after divorce. Unjust also is the law which in general approves all clandestine and underhanded betrothals in violation of the right of parents. Unjust also is the law concerning the celibacy of priests. There are also other snares of consciences in their laws, to recite all of which is of no profit. It is sufficient to have recited this, that there are many unjust laws of the Pope concerning matrimonial subjects on account of which the magistrates ought to establish other courts.

79] Since, therefore, the bishops, who are devoted to the Pope, defend godless doctrine and godless services, and do not ordain godly teachers, yea, aid the cruelty of the Pope, and, besides, have wrested the jurisdiction from pastors, and exercise it only tyrannically [for their own profit]; and lastly, since in matrimonial cases they observe many unjust laws, there are reasons sufficiently numerous and necessary why the churches should not recognize these as bishops.

80] But they themselves should remember that riches [estates and revenues] have been given to bishops as alms for the administration and advantage of the churches [that they may serve the Church, and perform their office the more efficiently], as the rule says: The benefice is given because of the office. Therefore they cannot with a good conscience possess these alms, and meanwhile defraud the Church, which has need of these means for supporting ministers, and aiding studies [educating learned men], and caring for the poor and establishing courts, especially matrimonial.

81] For so great is the variety and extent of matrimonial controversies that there is need of a special tribunal for these, and for establishing this, the endowments of the Church are needed.

82] Peter predicted, 2 Pet. 2:13, that there would be godless bishops, who would abuse the alms of the Church for luxury and neglect the ministry. Therefore [since the Holy Spirit in that connection utters dire threats] let those who defraud the Church know that they will pay God the penalty for this crime.