Society XVIII Last of all then we conclude all with this The Universal consent of nations about it also at this day viz that Religion is appointed by God That our Proposition here thus first asserted Viz That Religion is necessarily appointed by God and none else is the sense of all Nations present in the world as well as that it hath been so of those heretofore And if it be not such a common confession and supposition amongst them then what mean the mutual objections of Errour Superstition will-worship c. to be so vulgar in matters of Religion every where amongst men What mean also the so much adored names of Truth Divine authority the Will of God and the like to be the Helenaes that men contend for Truly these things will sufficiently evince the derivation of Religion only from divine authority to be still held as a common principle amongst men CHAP. III. The second Proposition asserted viz. That Government also is appointed by God The Question concerning the derivation of it from the People and the consequent doctrine of Rising in Armes in case of Male Administration and particularly in defence of Religion and the matters of an Ecclesiastical Vniformity stated and of the tendency of those Doctrines to the hurt of Religion and Humane Society I. THe causes of the want of Records in the world assigned II. The first state of men and the several ways of their coming together into Societies III. Whence the necessity of Laws and Government IV. The wayes by which men have arriv'd at Government V. The first and capital distinction of Government amongst men VI. The distinctions also of consent given to Government VII That the present lawfull Government is from God proved in the general and concerning the Church Government in particular VIII The two Constitutive causes assigned from whence the Civil Power is said to be deriv'd in the controversie concerning it IX The state of the Question concerning the derivation of the Civil Power from the People X. The grand principle of Natural freedom refuted XI The other propositions concerning the power of Magistracy fundamentally in the People and in the state of the Question considered XII The state of the Question on the Peoples part considered also from its effects XIII Last of all the prineiple of Rising in Armes particularly in defence of Religion and the matters of an Ecclesiastical Uniformity refuted XIV The proof of the Affirmative part of the Question that the Magistrates Power is from God And that XV. First from Scripture XVI Secondly from the voice of Nature and Nations XVII The tendency of the negative part of the Question to the good of Religion and Humane Society disputed XVIII That it doth not tend to the good of it proved First from Gods having stated it otherwise in Scripture XIX From the consent of the Civil Laws of Countries XX. From a comparison of things on both parts XXI From another Comparison XXII From another more particular comparison XXIII The General Conclusion I. ALL Effects under the Sun proceed ordinarily from Natural Causes And that is evident from hence The causes of the want of Records in the world because Miracles are but seldome and the difference betwixt Miracles and ordinary Effects is That the one proceeds from a Natural Cause as such and the other from a Supernatural in like manner The natural and ordinary causes of the defects of Records and Histories of former ages amongst men have been many and they either more general or more particular The greater and more general Plato assigns to have been necessarily either from Conflagrations by Fire or Inundations by Water In Timaeo cired princip 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 says he 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. There have been and will be many and diverse destructions of men and there is a necessity that the greatest should happen by Fire and Water Which is therefore true because there are none other things in the world which can possibly and ordinarily be the causes of such destructions but the Elements and of them there are none other from which such a general Destruction both of the persons and writings of men can proceed but these two of Fire and Water and both these both Conflagrations and Inundations proceed either from natural causes as such purely or from Gods special appointment co-operating with them As to Gods special appointment such was the General Inundation in the time of Noah mentioned in the History of Moses De legib Dial. 3. in princip and pointed at by Plato and the fame of which was amongst the ancients and hath been found of later dayes remaining in many Countries Such also will be the general Conflagration at the last day Epist of Jude vers 14 15. prophesied of of old by Enoch and so often mentioned in the New Testament as also in the writings of the Sybils and Lucan the Poet and other Heathens And as to the proceeding of such more general desolations from purely natural causes In Timaeo ibid. Plato says that it comes to pass once after some long period and return of years That the Heavens and their Rotations come to such a position in respect to one another as that it is necessary for some vast and more general Conflagration to follow from it And the like may be said of Inundation And from hence the Fable of Phaeton's burning the world by the fall of the Charriot of the Sun and the like And there is no doubt but that considering the vastness of the Heavenly bodies in respect to the Earth either such Conflagrations or Inundations may follow from them The more particular causes of the like Destructions of Records In Timaeo ib. de legib ib. and Desolations of humane affairs Plato sayes also have been many 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That such have hapned by a thousand other causes And they have been also of the same sorts as the former Gen. 19.4 Such as the Conflagration of Sodom proceeding from the special appointment of God concerning which some of the Greeks and Romans have said That it sprang from the sulphury vapours of the Earth drawn up by the Sun of which kind of matter the parts of that Country were full Which things may consist well enough although the denial of Gods special appointment as co-operating with those causes in Nature is rightly taxed by Interpreters Vid. Musculum in loc alios Such have been also the divers Wars and Earthquakes c. says Plato And Machiavil learned in all humane affairs except in the neglect of a Deity assigns Disputationum Lib. 2. Cap. 5. for the like causes the change of Religions and Languages the several Famines and Pestilences and especially Floods Apud Orosium Cedrenum c. that have been in the World and that these things are true also the many instances that may be given concerning them will evince Such were Ogyges and Deucalion's Floods mentioned in
their esteem truly Gods upon Earth By this they will procure the Divine blessing upon the Government of themselves and their posterity 1 K. 2.33 1 K. 11.12 13 and 32.36 2 K. 8.19 2 K. 19.34 2 K. 20.56 c. as God was propitious to many future Generations for his Servant Davids sake By this they will deserve the praises of men to accompany them even beyond their Graves as the blessed Emperour Constantine says the Church Historian Etiam mortuus Regnavit Reigned even when he was dead Euseb de vita Constant Lib. 4. Cap. 67. Ibid. Cap. 65. and 69. Sozomen Lib. 2. Cap. 32. Euseb Ibid. Cap. 69. 73. He was washed first with the warm tears of his Nobility and People and after buried in a Golden Coffin and after his Statues at Rome and Images in the Coins like the posthumous Phaenixes sprang from his enshrined ashes And last of all by this these Rulers of men will inherit the places of Kings and Princes eternally in Heaven DE Jure Vniformitatis Ecclesiasticae OR OF THE RIGHTS Belonging to an UNIFORMITY in CHURCHES BOOK II. CHAP. I. The Relation of an Ecclesiastical Vniformity to things Sacred further and more particularly distinguished And that the Ecclesiastical Vniformity is indicated by the Civil I. AN Ecclesiastical Vniformity and the rights belonging to it more generally treated of II. And first its relation to things Sacred more particularly distinguished III. The more general and extrinsecal Arguments for it to be fetch'd from things Civil IV. The Ecclesiastical Uniformity then is indicated by the Civil and in what respects V. The conclusion of this Chapter An Ecclesiastical uniformity and the Rights belonging to it more generally treated of Lib. 1. Cap. 1 §. 1. I. THe distinction of an Uniformity into Ecclesiastical and Civil having been given above and the Supream Publick Charge and Right of the Magistrate directly in relation to all Humane Affairs and consequentially in relation to the Ecclesiastical sort of that Uniformity having been stated by us we come here to treat more generally of the Ecclesiastical Uniformity and of the Rights directly belonging to it And first its relation to things sacred more particularly distinguish'd Lib. 1. Cap. 1. §. 2. Lib. 1. Cap. 1. §. 19. II. And first of all its relation to things sacred being more generally distinguish'd of above is here further and more particularly to be distinguish'd And that according to the fifth distinction of the consistency of Religion with Government above given and which consistency it is said to be intended principally to effect and preserve And so that relation of it is either fundamental or not fundamental Fundamental in respect to the greater and not fundamental in respect to the lesser matters of Religion The more general and extrinsecal Arguments for it to be fetched from things Civil III. The more general and extrinsecal Arguments for the appertaining of an Ecclesiastical Uniformity to the well being of humane society are to be taken from the consideration of things Civil and the state of them in those Societies IV. The Ecclesiastical Uniformity then is indicated by the Civil and from diverse particular considerations of things belonging to it And that The Ecclesiastical Uniformity then is indicated by the Civil and in what respects 1. From the Uniform Administrations of Publick Justice which do use to be where conveniently and without difficulty they may in Princes Dominions and from the tendency of them several ways to the well being of those Dominions 2. From the usual Uniformities of Language and their benign tendency in like manner also 3. And from all such other Uniformities in such other the like things The effects of which use to be the generating a greater union of men in their National Combinations the establishment of a more facile and firm amity and peace amongst them by their so doing and the like And that too from the Natural tendency of these Uniformities to these things in their way and according to their several modes and degrees in which they have been in Countries 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Polit. Lib. 8. Cap. 1. N. 2. But because there is one and the same end proposed by every City to its self says Aristotle therefore it is evident that there is a necessity that all should be ordered by one and the same discipline Ibid. And that of Common and Publick Affairs there should be a Common and Publick Institution and Administration For every Citizen says he further is a part of the City And it is appointed by a certain Law of Nature Ibid postea that of the parts and the whole there should be a conjunct and one only Institution And elsewhere again Polit. Lib. 5. N. 20. Seditionis autem segetem materiamque continet gentis ac generis dissimilitudo donec ad unam similitudinem consensionem populus adducatur That the dissimilitude of Nation and Kingdom amongst a people contains the occasion and matter of sedition until the people be reduc'd to one and the same likeness and consent And all Histories are full of the instances of these things Graecanicis Institutis says Herodotus of the Egyptians uti recusant In Euterpe Circ Med. ut semel dicam nullorum hominum aliorum institutis uti volunt That they refused to use the customes of Greece and briefly they would not use the customes of any other men And Paenorum multae sunt In Melpom. prope fin variae nationes quarum paucae Regi obtemperabant pleraeque Darium contemnebant That of those Affricans there were many and various Nations of which but few did obey their King and most did contemn Darius Finally the defection and breaking off of the several parts of the Roman Empire and the like examples of the consistency and inconsistency of Homogeneous and Heterogeneous National Societies in other Histories and Affairs will be sufficient instances of these things V. But so much for these things here The conclusion of this Chapter And we shall come to prove the beneficialness of an Ecclesiastical Uniformity to humane societies by more intrinsecal Arguments and from the causes and effects of it severally hereafter and as we can make our way to those matters and the declaration of them through other things CHAP. II. The Healthfulness of Religion to Humane Societies The ordinary Causes of Religious Contests assigned From thence the necessity of some Vnity to be held as to matters of Religion The benefits of Charity and Peace ensuing upon it and how much they are commanded in Scripture I. THE Healthfulness of Religion to Government and Civil Society evinc'd II. Therefore all Atheism and lesser degrees of Prophaneness to be expelled out of humane Societies III. Publick Contentions about Religion a grand cause of these things amongst men IV. The lawfulness or unlawfulness of Religious Contests stated V. The ordinary causes of unlawful Religious Contests assign'd VI. The first ordinary
necessary as is said and where there is otherwise no special direction of God are a thousand things in the World Their Masters their Books their Companies their Interests their Constitutions their Educations their varieties of Tempers and Distempers their degrees of light and understanding and other the like things in all the infinite particulars of them and all of them operating diversly in men The experience of all Ages will justifie these things and particularly the Histories and Monuments of the Christian Church have been a large Comment upon the Truth of them How many diversities of Judgments have there been and all of them accounted Heresies by the mutually contesting parties in matters of the Christian Religion In the Histories of Eusebius and others in the Catalogues of Epiphanius Philastrius St. Augustine and the like Writings it is to be seen And how have these been diversified over and over again in several Ages and Countries ten thousand times amongst men So that we need look no further for the illustrating of this second consideration then from these causes mentioned to their effects and from the effects back again to their Causes VII In the third and last place for the proof of our Proposition Let us go but one step farther Lastly from the array in which they go forth to the propagating and defending of these their Opinions and adde to both these also the consideration of the several qualities in which men come forth in Array as it were to the Venting Propagating and defending of these their Opinions when thus entertained by them and those are accordingly as they are accompanied either with the general Causes of all mischiefs in Humane Affairs or else with the more particular Causes of Religious Contests Hic Supra §. 3. And both these such as were mention'd by us just now and so some come forth accompanied with their corruptions cunning self-ends and worldly designes Others with their infirmities weaknesses and indiscretions the one sort of them being weak in Judgment and fit to be led and distinguishing neither of times nor persons nor things neither considering from whence things proceed nor whither they tend and the other sort leading them if they do not run fast enough of themselves to the accomplishing their several designes of Envie Anger Hatred Malice Ambition Avarice c. although in the interim as to the publick it be even to the ruine of all Humane Society And in the like manner are these contestors of opinions accompanied also with the particular causes of such their contesting them Those ordinary ones which have been mentioned and the like others and so some come forth accompanied with their hot fiery vehemence of mistaken Zeal proceeding from the potent influence of the unduly fixed and immortal notion of Religion on their minds and having an appetite to burn up all like stubble as it were that comes in their way Others with the mixture of their private Passions together with their indiscretion and furious Zeal Others with the mixture also of their adored worldly interests together with all these things And although perhaps the weaker sorts of these contestors discerne not even in themselves the private and subtile mixtures of these baser things in the mean time yet however the effects of them are never the less direful to humane affairs And now the great varieties and numbers of the mutual Thwartings of mens Opinions which use to be in the World being considered in conjunction with these things if all these things thus in conjunction one with another be not enough to bring any Community under Heaven to the distempers and ruins which we have mentioned if the swing of them be permitted Then Sphinx aliud fingat Let any man assigne if he can any more certain and effectual causes of those Distempers and Ruins even in the Civil part of Humane Affairs and where the potent influence of Religion mentioned is not in Conjunction with them And if there be an open loose toleration of these things where can they or will they stop but at the Sword which is the fatal and last way of determining all Controversies amongst men And if any toleration whatsoever proceed but so farre as to the predominating of these things then 't will be found experimented too late That the Tumultuous multitude and interests of men when in such a Posture are not to be ruled and then either one party must prevail and be uppermost and oppress all the rest and reduce them to a conformity to such Lawes to be held over their opinions as they shall think fit and then the loose Toleration is at an end or else all must persist to contend mutually to their final ruin and confusion Instances in these things there are innumerable if a man will but look into the Monuments of Humane Affairs In Euthyphrone vel de Sanctitate in princip Quae sunt igitur ea sayes Plato de quibus cum dissentimus nec judicare facile possumus inimici efficimur Iracimur Why Sunt justum injustum pulchrum turpe bonumque malum Haec sunt sayes he de quibus cum dissentimus nec possumus ad sufficiens horum judicium pervenire Hostes efficimur quoties efficimur ego tu ac demum homines universi What are those things about which when we disagree nor can easily judge of them we become enemies one to another and are Angry Why they are just and unjust fair and fowl good and evil These are the things about which when we disagree nor can come to a sufficient Judgment of them we are very often made Enemies one to another both I and thou and in fine the universality of men And it is that which Herodotus sayes of the Thracians In Terpsichore ad princip Gens Thracum secundum Indos omnium maxima est Quae si aut unius imperio regeretur aut idem sentiret ut mea fert opinio inexpugnabitis foret omnium gentium multò validissima sed quia id arduum illis est nulla ratione contingere potest ideo imbecilles sunt That the Nation of the Thracians according to the Indians is the greatest of all which if either it had been govern'd by the Empire of one or else could have but been of the same mind that his opinion was that it would have been invincible and the most potent of all Nations but because that was very hard to effect nor could not by any means be brought to pass that they should be so therefore they were inconsiderable and weak But let us look into the Church Histories both of the Christians and of the Jewes It was Jeroboams policie 1 Kings 12.26 27. for the dividing Israel from Judah First to divide them in their Religion and then he was sure they would not cement again Indeed the Jewes and Samaritans differ'd in some things fundamentally and to such a degree as might deserve contention In other things but only triflingly
Vid. Epiphan Tom. 1. lib. 1. Haeres 4. See Weemes his Christian Synagogue pag. 147. and Jo. 4 9. and for little cause especially in the after Ages and later times of their separation and yet their hatreds and implacable differences arose betwixt them in all things and even beyond any due limits The Jewes would not at all converse with the Samaritans nor eat with them nor wear the same Apparel nor write the same Character The worst they thought they could say of Christ was that he was a Samaritan and had a Devil They excommunicated them yearly by sound of Trumpet Vid Drusium de Trib. Sect. lib. 3. cap. 11. ex Ilmedenus They cursed them in nomine Tetragrammato In the Name Jehovah They sealed their Curses on Tables and sent them throughout all Israel In the like kind hath their dealing been with us Christians as it was with their Neighbours the Samaritans They call us Goijm The Abominable and Christ the Hanged God c. And if we look into the Christian Church the like have been the bitter Feuds amongst Christians themselves even amongst those that have been of one Civil Community and Conjunction and have professed to have been of one and the same Church of Christ The Church Histories are full of these things in all times and Ages where opportunities of them have been given Hist Ecclesiast lib 2. cap. 22. and 26. Ibid. Cap. 23. The Historian Socrates is witness what wrackings of Joynts sales of Estates Banishments Deaths c. were inflicted by one party upon another how they contested their Judgments and Opinions with Fire and Stripes even to egregious Cruelties and the Barbarous depriving one anothers dead bodies of Burial and to the Mutilating and Banishing and Murthering the Ministers of Churches Ibi. cap. 30. and the like how they gagged the mouths of them that would not communicate with them in the Sacrament and forced the Sacramental Bread and Wine down their Throats and stretched forth the Womens Breasts with Instruments and and Pincers and Sawed them off Others they burnt off with red hot Irons and Eggs made burning hot in the Fire and the like How they pull'd down the Churches of some Ibid. Vid. made the others swim with blood and the like It is a shame and would irke any one to read of these and the like things and all these and many more such have been the effects of the contesting of Judgements even in the Primitive Christian Societies Finally the several Martyrologies of Countries contain these things in Folio The late Sacred flames and intestine Warres of Germany France Ireland England and other Territories have been recent and fresh examples of them And in all these the predominating Causes of mens contesting their Opinions which I have above mention'd have run away with them furiously and put the several Societies into a flame And thus is the proof of the Proposition The more particular mischeifs of Opinion Contests to the Affairs of Humane Societies Supra lib. 2. cap. 1. §. 12 13 14 15. VIII So then as I have above more particularly described the benefits of that Charity and Peace which accrue to Humane Affairs from that opposite Unity which may ordinarily be held in matters of Religion so here I shall in like manner describe also those mischeifs that flow from these Dissentions and publick contesting of Judgments which are the effects of this loose toleration in the same matters and how much also they are forbidden in Scripture First to Religion IX First then how much they make to the hurt of all Religion whatsoever which Feuds Warres and popular Contests alwayes prejudice more or less but in an especial manner to the hurt of the Christian Religion which we still eminently referre to And as to that they create Atheisme and Prophaness and all manner of Scandals and Offences amongst men They blemish the Christian Profession both as to those that are without and as to those that are within they drive both of them from the very Profession either of them in any serious manner of the Christian Religion which they think from their beholding them amongst Christians maintains so ill things as such bitter and passionate Feuds and Contentions are The Jewes have a saying That the Christians predicate their Messias to be the Prince of Peace but that they themselves are ever at Warres As if like to what is said of Semiramis they carryed a Dove in their Banners but with a bloody Sword in his Beak And it is a true saying of the Lord Verulam See his Essayes Ess 3. of Unity of Religion and which the several Ages of the Church will testifie to that in respect to Scandals and Offences Heresies and Schismes have done by far more harm in the Church then corruption of manners Alike hurtful also these contentions and Opinion-Feuds are to the Practice of the Christian Religion And briefly whatsoever benefits we have recited above to accrue by Charity and Peace to it Lib. 2. Cap. 1. §. 12 13 14 15. the contrary mischiefs in every respect we do assert here to accrue to it by these Contentions Instances and evidences of these things there have been ever abundance if I should stand to recite them Apud Socrat. Hist Ecclesiast Lib. 1 cap. 5. In his Politicks lib. 2. cap. 8. It was not for nothing that Famous Constantine burnt the Bills of Complaint that were brought to him by the Ministers in his time in the Christian Church And it is the saying of Contzen the Jesuite That all open Disputes amongst the Vulgar concerning either Points of Religion or Government do weaken the Authority of such Points at least by bringing them into doubt with men And the late Civil Warres of France were a great instance of these things See his History in the first and second Books and elsewhere the Warres lasted about fifty years and there were sayes Davila the Religious names of Lutherans and Calvinists Hugonots and Catholicks and the like to lead the front of them And it was said in a Proverb about Italy and in other Countries at the end of them That the Civil warres of France had made a Million of Atheists and thirty thousand Witches X. The like are the mischiefs also of these Opinion-Contests to Government both in Church and State in their several Spheres Secondly To Government They bring all the mischeifs and make all those several wayes to the hurting of the present lawful Governours and Government which are contrary to the benefits and to those several wayes by which those benefits accrue to them by the Charity and Peace above mention'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sayes Aristotle Polit. lib. 5. cap. 3. n 17. Thirdly to the Consistency of Religion with Government And lastly how much they are forbidden also in Scripture That the States of Common-weals are sometimes changed without Sedition viz. by Contention XI And in like manner do they
exil'd and dispersed Nations and who are not associated locally under one Head And so in any other of those that are and whether they do at any time treat or intercede either that their Profession of Religion may be only tolerated or else established authoritatively as national in any Society And the humane Histories and other Monuments and Records abroad in the World are full of the more direct instances in this matter Amongst the Greeks The Senate of Athens and the Areopagus and other Tribunals did debate formes of Religion Blasphemies against the Gods divulging of Mysteries and the like both Sacred and Civil matters In Solone In Aristippo lib. 2. Orat. in Ctesiphont paule post princip D. De Orig. jur L. 2. D. Eodem L. 2. ¶ Exactu Pro Domo sua in princip sayes Plutarch Diogines Laertius and others to be propounded ultimately to the People And Eschines recites the words of the Law against Demosthenes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And whosoever receive the Powers of Interpreting the Lawes from the People Of the Roman State sayes Pomponius in the Civil Law that in the beginning of the City Omnia manu a Regibus Gubernabantur all things were governed immediatly by the Kings And afterwards when publick Authority had fetched Lawes from Greece it also gave the Power of the Interpretation of them And Cicero in his Oration to the Pontifies cum multa divinitûs Pontifices à majoribus nostris inventa atque instituta sunt tum nihil praeclarius quam quod vos eosdem Religionibus deorum immortalium summae Reipublicae praeesse voluerunt Vt Amplissimi et Clarissimi Cives Rempubliacm bene gerendo religiones religionibus sapienter interpretando Rempublicam conservarent Whereas many things as it were by inspiration from Heaven O ye Pontifies have been found out and instituted by our Ancestors truly nothing more excellent then that you the same persons should preside both over the Religion of the immortal Gods and also over the summe of the Common-weale That the most Honourable and Renowned Citizens De Vita Constant lib. 1. cap. 37. alibi Vid. C. De Summa Trin. L. nullus Haereticis Et L. Cum recta Et alibi C. De Haereticis Manichaeis L. Quoniam multi Et De vetere jure Enucle L. 1. ¶ 6. C. De Legib. Constitut princip edict L. 1. C. eodem L 9. by the well discharging of office in the Common-weal by the wisely Interpreting of matters of Religion by matters of Religion might conserve the welfare of the Common-weal If we look into the state of the Christian Church so soon as it came to be National Constantine and the other Emperours sayes Eusebius and the other Ecclesiastical Histories did in person many times preside in Counsels and Synods Ecclesiastical And up and down in the Code and Novels of Justinian Confessions of Faith are established by the Law Imperial Heresies are Anathamiz'd and the like The imperial decision of matters is stiled an Oracle The Emperour's sentence called a Divine Sentence And finally the Supreme Interpretation of all Lawes both Divine and Humane both Sacred and Civil is claimed as a right belonging only to the Prince Inter aequitatem jusque interpositam interpretationem nobis solis et oportet et licet inspicere It belongs to us only both out of duty and by our office to have the inspection into the Interpretation betwixt the equity and letter of the Law sayes the Emperour Constantine And the Emperours Valentinian and Martian Leges Sacracissimae quae constringunt hominum vitas intelligi ab omnibus debent Si quid vero in iisdem Legibus latum fortassis obscurius fuerit oportet id ab imperatoria interpretatione pate fieri The most Sacred Lawes which do bind the lives of men ought to be understood by all But if there be any thing established in the Lawes which perhaps is more obscure that ought to be explained by the Imperial Interpretation Vid. C. De Legib. constitut Princip L. 12. Et C. De vetere jur Enucle and L. Auctore ¶ 4. Et C. eodem L. Dedit nobis ¶ 21. Et In Novel Constit 112. cap. 1. Et alibi In Pandect Hist Turc Gradus Legis Mahum c. And the like many other Lawes might be mentioned Last of all If we look abroad amongst the more modern practises of Countries and such as are at this day amongst the Mahometans although the Chief Mufti at Constantinople be Instar Papae nostri vel Patriarchae Graecorum Quippe juris omnis Sacrorum Rex est uti veteres etiam Romani loquebantur sayes Leunclavius like our Pope in Italy or the Patriarch of the Greeks for he is the King of all Law and Holy Things as also the Ancient Romans were wont to speak Yet it is indeed in Subordination to the Emperour and according to his will really guiding him And it is said that for not Interpreting according to the mind of his Master not long since the Mufti at Constantinople was degraded and sent to be Mufti at Damasco and that he died by the way in his journey thither at Aleppo The like to this up and down in Europe is the Right exercised by all Princes in their several wayes Lib. 2. T it 5. De Regim Reipub. Christian p. 1. lib. 4. disp 10. §. 3. n. 187. Vid. In Legib. Ordin lib. 4. Tit. 1. L. 4. Et Diaz de Montalu ad Leg. For. Hisp lib. 1. Tit. 6. n. 1. in addit Vid. Constit Car. 5. Criminal cap. ult and according to the several modes of their Countries And the Princes only do appoint and constitute the Ordinary Interpreters of Lawes So saith the Ordines Susitaniae Fragosus and others that it is commanded to the Judges that where the Lawes of the Kingdome and the Civil Law are deficients they should have recourse to the Glosses of Accursius and to Bartolus and by the Laws of the Kingdome of Castile the Judges are appointed to give sentence according according to the Opinions of Johannes Andreas and Panormitanus in the Law Canon and of Bartolus and Baldus in the Civil Law And in Germany Charles the fifth in his Criminal Constitutions commanded the Colledges of Civil Law Doctors in the Universities appointed by him for Interpretation to be Consulted if any thing doubtful or obscure should occurre in those his Constitutions Finally by the general consent of the Civilians the Imperial Interpretation is held to be Authoritative and necessary and such as must be obeyed upon the only account of Command and Soveraign Power And indeed whose should the Supreme Interpretation of Lawes be but theirs who made them and who have the Legislative power in their hands and that rightly and necessarily since the interpretations of Lawes are Lawes themselves in effect and in the decision and determination of all causes by them And the same reason there is for these things and much more in Lawes Ecclesiastical