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A45158 Cases of conscience practically resolved containing a decision of the principall cases of conscience of daily concernment and continual use amongst men : very necessary for their information and direction in these evil times / by Jos. Hall. Hall, Joseph, 1574-1656. 1654 (1654) Wing H371; ESTC R30721 128,918 464

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make him to seeme so in so much as those that know not the cause exactly may perhaps be mis-led to condemne him in their judgments But to the Judge whose eyes were witnesses of the parties innocence all the evidence in the world cannot make him other than guiltlesse so as that Judge shall be guilty of blood in slaying the innocent and righteous Secondly the law of judging according to allegations and proofs is a good generall direction in the common course of proceedings but there are cases wherein this law must vaile to an higher which is the law of Conscience Woe be to that man who shall tye himselfe so close to the letter of the law as to make shipwrack of conscience And that bird in his bosome will tell him that if upon what ever pretences he shall willingly condemne an innocent he is no better than a murtherer Thirdly it is not the bare letter of the law that wise men should stand upon but the drift and intention of the law of that we may in some sense say as the Apostle did of an higher law The letter killeth Now every reasonable man knowes that the intention of the law is to save and protect the innocent to punish onely the guilty The Judge therefore shall be a perverter of law if contrary to his knowledge he shall follow the letter against the intention in condemning an Innocent Let no man now tell me that it is the law that condemnes the man and not the Judge This excuse will not serve before the Tribunall of heaven The law hath no tongue It is the Judge that is lex loquens If he then shall pronounce that sentence which his owne heart tells him is unjust and cruell what is he but an officious minister of injustice But indeed what law ever said Thou shalt kill that man whom thou knowest innocent if false witnesse will sweare him guilty This is but a false glosse set upon a true text to countenance a man in being an instrument of evill What then is in this case to be done Surely as I durst not acquit that Judge who under what ever colour of law should cast away a known Innocent so I durst not advise against plaine evidences and flat dispositions upon private knowledge that man to be openly pronounced guiltlesse and thereby discharged for as the one is a grosse violation of justice so were the other a publique affront to the law and of dangerous consequence to the weale-publique Certainly it could not but be extreamely unsafe that such a gappe should bee opened to the liberty of judgement that a private brest should be opposed with an apparent prevalence against publique convictions our Casuists have beaten their braines to finde out some such evasions as might save the innocent from death and the Judge from blood-guiltinesse Herein therefore they advise the Judge to use some secret meanes to stop the accusation or indictmenr a course that might be as prejudiciall to justice as a false sentence to sift the witnesses apart as in Susanna's case and by many subtile interrogations of the circumstances to finde their variance or contradiction If that prevaile not Cajetan goes so farre as to determine it meet which how it might stand with their law he knowes with ours it would not that the Judge should be fore all the people give his oath that hee knowes the party guiltlesse as whom he himselfe saw at that very houre in a place far distant from that wherein the fact is pretended to bee done Yea Dominicus à Soto could be content if it might be done without scandall that the prisoner might secretly be suffered to slip out of the gaole and save himselfe by flight Others think it the best way that the Judge should put off the cause to a superiour Bench and that himselfe should laying aside his scarlet come to the Bar and as a witnesse avow upon oath the innocence of the party and the falsity of the accusation Or lastly if he should out of malice or some other sinister ends as of the forfeiture of some rich estate be pressed by higher powers to passe the sentence on his own Bench that he ought to lay downe his Commission and to abdicate that power he hath rather than to suffer it forced to a willing injustice And truly were the case mine after all faire and lawfull indeavours to justifie the innoncent and to avoid the sentence I should most willingly yeild to this last resolution Yea rather my selfe to undergoe the sentence of death than to pronounce it on the knowne-guiltlesse hating the poore pusillanimity of Dominicus à Soto that passes a nimis creditu rigidum upon so just a determination and is so weakly tender of the Judges indempnity that he will by no means heare of his wilfull deserting of his office on so capitall an occasion In the main cause of life and death I cannot but allow and commend the judgement of Leonardus Lessius but when the question is of matters civill or lesse criminall I cannot but wonder at his flying off in these where in the businesse is but pecuniary or banishment or losse of an office he holds it lawfull for the Judge after he hath used all meanes to discover the falsenesse of the proofes and to hinder the proceedings if thus hee prevailes not to passe sentence upon those allegations and probations which himselfe knowes to be unjust The reasons pretended are as poor as the opinion For saith hee the Common-wealth hath authority to dispose of the estates of the Subjects and to translate them from one man to another as may be found most availing to the publique good and here there appeares just cause so to doe lest the forme of publique judgements should be perverted not without great scandall to the people neither is there any way possible to help this particular mans inconvenience and losse therefore the Common-wealth may ordaine that in such a case the Judge should follow the publique forme of Judicature though hereby it falleth out that a guiltlesse man is undone in his fortunes and yet his cause knowne to be good by him that condemnes it Thus he But what a loose point is this why hath not a man as true propriety in his estate as his life or what authority hath the Common-wealth causelesly to take away a mans substance or inheritance being that he is the rightfull owner more than a piece of himselfe When his patrimony is setled upon him and his in a due course of law and undoubted right of possession what just power can claime any such interest in it as without any ground of offence to dispossess him Or what necessity is there that the forme of publique judgements should be perverted unlesse an honest defendant must be undone by false sentence Or rather is not the forme of publique judgement perverted when innocence suffers for the maintenance of a formality Or how is the Judge other than a
partner in the injury if for want of his seasonable interposition a good cause is lost and a false plea prevailes That therefore which in the second place he alledgeth that the Subject can have no reason to complaine of the Judge for as much as it is out of his power to remedy the case and to passe other sentence than is chalked forth by the rule of Law might as well be alledged against him in the plea of life and death wherein he will by no meanes allow the Judge this liberty of an undue commendation neither is there any just pretence why an honest and well-minded Judge should be so sparing in a case of life and so too prodigall in matter of livelyhood As for this third reason that the mis-judgement in case of a pecuniary damage or banishment may be afterwards capable of being reversed and upon a new Traverse the cause may be fercht about at further leisure whereas death once inflicted is past all power of revocation It may well inferre that therefore there should bee so much more deliberation and care had in passing sentence upon capitall matters than civill by how much life is more prcious and irrevocable than our worldly substance but it can never inferre that injustice should bee tolerable in the one not in the other Justice had wont to be painted blind-fold with a paire of scales in her hand wherefore else but to imply that he who would judge aright must not look upon the issue or event but must weigh impartially the true state of the cause in all the grounds and circumstances thereof and sentence accordingly To say then that a Judge may passe a doome formally legall but materially unjust because the case upon a new suit may be righted were no other than to say I may lawfully wound a man because I know how to heale him againe Shortly therefore whether it be in causes criminall or civill whether concerning life or estate let those who sit in the seat of Judicature as they will answer it before the great Judge of the World resolve what event soever follow to judge righteous judgement not justifying the wicked not condemning the innocent both which are equally abominable in the sight of the Almighty CASE VII Whether and in what cases am I bound to be an accuser of another TO be an accuser of others is a matter of much envy and detestation insomuch as it is the style of the Devill himselfe to be accusator fratrum an accuser of the brethren Yet not of his owne brethren in evill It was never heard that one evill spirit accused another but of our brethren Revelat. 12. 10. it was a voice from heaven which called him so Saints on earth are the brethren of the glorious spirits in heaven It is the wickednes of that malicious spirit to accuse Saints But though the act be grown into hatred in respect both of the Agent and of the Object yet certainly there are cases wherein it will become the Saints to take upon them the person and office of accusers Accusation therefore is either voluntary or urged upon you by the charge of a superiour Voluntary is either such as you are moved unto by the Conscience of some hainous and notorious crime committed or to be committed by another to the great dishonour of God or danger of the common peace whereto you are privy or such as whereunto you are tyed by some former engagemeut of vow or oath In the former kinde a worthy Divine in our time travailing on the way sees a leud man committing abominable filthinesse with a beast the sinne was so foule and hatefull that his heart would not suffer him to conceale it hee therefore hastens to the next Justice accuses the offender of that so unnaturall villany the party is committed endicted and upon so reverend though single testimony found guilty Or if in the case of a crime intended you have secret but sure intelligence that a bloudy villaine hath plotted a treason against the sacred person of your Soveraigne or a murther of your honest neighbour which hee resolves to execute should you keep this fire in your bosome it might justly burn you Whether it be therefore for the discovery of some horrible crime done or for the prevention of some great mischief to be done you must either be an accuser or an accessary The obligation to accuse is yet stronger where your former vow or oath hath fore-ingaged you to a just discovery you have sworn to maintaine and defend his Majesty's royall Person State Dignity and to make knowne those that wilfully impugne it if now you shall keep the secret counsels of such wicked designments as you shall know to be against any of these how can you escape to bee involved in a treason lined with perjury These are accusations which your conscience will fetch from you unasked But if being called before lawfull authority you shall be required upon oath to testifie your knowledge even concerning offenders of an inferiour nature you may not detract your witnesse though it amount to no lesse than an Accusation Yet there are cases wherein a Testimony thus required tending to an accusation may be refused As in case of duty and nearenesse of naturall or civill relation It were unreasonably unjust for a man to be pressed with interrogations or required to give accusatory testimonies in the case of parents or children or the partner of his bed Or if a man out of remorse of conscience shall disclose a secret sin to you formerly done in a desire to receive counsaile and comfort from you you ought rather to endure your soule to be fetcht out of your body than that seeret to bee drawn out of your lips Or if the question be illegal as those that tend directly to your own prejudice or those which are moved concerning hidden offences not before notified by publique fame or any lawfull ground of injury which therefore the Judge hath no power to ask In these cases if no more the refusall of an accusation though required is no other than justifiable But where neither the conscience of the horridnesse of a crime done nor prevention of a crime intended nor duty of obedience to a lawfull authority nor the bond of an inviolable pre-ingagement call you to the Bar It is not a more uncharitable than thanklesse office to bee an accuser Hence it is that Delators and Informers have in all happy and well-governed States been ever held an infamous and odious kinde of Cattell A Tiberius and a Domitian might give both countenance and reward to them as being meet factors for their tyranny but a Vespasian and Titus and Antonius Pius and Macrinus or what ever other Princes carryed a tender care to the peace and welfare of their Subjects whipt them in the publique Amphitheater and abandoned them out of their dominions as pernicious and intolerable And as these mercenary Flies whether of State or of Religion are justly hatefull
it selfe though not enlightened with the knowledge of the estate of another world found cause to abhor this practice However the Stoicall Philosophers and some high Roman spirits following their doctrine have beene liberall of their lives the Thebans of old professed detestation of this worst of prodigalities And the Athenians enacted that the hand which should be guilty of such an act should be cut off and kept unburied And it was wisely ordained by that Grecian Common-wealth when their Virgins out of a peevish discontentment were growne into a selfe-killing humour that the bodies of such offenders should bee dragged naked though the streets of the City the shame whereof stopped the course of that mad resolution It is not the heaviest of crosses or the sharpest bodily anguish that can warrant so foule an act Well was it turned off by Antisthenes of old when in the extremity of his paine he cried out Oh who will free me from this torment and Diognes reached him a poynard wherewith to dispatch himselfe Nay said hee I said from my torment not from my life as well knowing it neither safe nor easie to part with our selves upon such termes Farre farre be it from us to put into this ranke and file those worthy Martyrs which in the fervour of their holy zeale have put themselves forward to martyrdome and have courageously prevented the lust and fury of Tyrants to keep their chastity and faith inviolable I looke upon these as more fit objects of wonder than either of censure or imitation For these whom wee may well match with Sampson and Eleazar what Gods spirit wrought in them hee knowes that gave it Rules are they by which we live not examples Secondly However wee may not by any meanes directly act to the cutting off the thred of life yet I cannot but yeild with learned Lessius that there may fall out cases wherein a man may upon just cause doe or forbeare something whereupon death may indirectly ensue Indirectly I say not with an intention of such issue for it is not an universall charge of God that no man should upon any occasion expose his life to a probable danger if so there would be no warre no traffique but onely that he should not causelesly hazard himselfe nor with a resolution of wilfull miscarriage To those instances hee gives of a souldier that must keep his station though it cost him life of a prisoner that may forbeare to flee out of prison though the doores be open of a man condemn'd to dye by hunger in whose power it is to refuse a sustenance offered of a man that latches the weapon in his owne body to save his Prince or of a friend who when but one loafe is left to preserve the life of two refraines from his part and dyes first or that suffers another to take that planke in a shipwrack which himselfe might have prepossessed as trusting to the oares of his armes or that puts himselfe into an infected house out of meer charity to tend the sick though hee know the contagion deadly or in a Sea-fight blows up the deck with gun-powder not without his own danger or when the house is on fire casts himselfe out at the window with an extreame hazard To these I say may be added many more as the cutting off a limb to stop the course of a Gangreene to make an adventure of a dangerous incision in the body to draw forth the stone in the bladde the taking of a large dose of opiate pills to ease a mortall extremity or lastly when a man is already seized on by death the receiving of some such powerfull medicine as may facilitate his passage the defect of which care and art the eminently-learned Lord Verulam justly complaines of in Physitians In these and the like cases a man may lawfully doe these things which may tend in the event to his owne death though without an intention of procuring it And unto this head must bee referred those infinite examples of deadly sufferings for good causes willingly embraced for conscience sake The seven Brethren in the Maccabees alluded to by St. Paul to his Hebrewes Heb. 11. 35. will and must rather endure the butchering of their owne flesh than the eating of Swines flesh in a willing affront of their Law Daniel will rather dye than not pray Shadrach Meshach and Abednego will rather fall downe bound into the fiery Fornace seven-fold heated than fall down before the golden Image And every right-disposed Christian will rather welcome death than yeild to a willing act of Idolatry Rebellion Witchcraft If hereupon death follow by the infliction of others they are sinfull agents hee is an innocent sufferer As for that scruple among our Casuists whether a man condemned to dye by poyson may take the deadly draught that is brought him it is such as wise Socrates never made of old when the Athenians tendred him his hemlock and indeede it may as well be disputed whether a man condemned to dye by the Axe may quietly lay downe his head upon the Block and not but upon force yeild to that fatall stroke A juster scruple is whether a man condemned to a certaine and painefull death which hee cannot possibly eschew may make choice rather of a more easie passage out of the world wherein I marvell at the indulgence of some Doctors that would either excuse or mince the matter For although I cannot blame that naturall disposition in any creature to shrinke from pain and to affect what it may the shifting from extremity of miserie yet for a Christian so to doe it as to draw a greater mischief to himselfe and an apparent danger to his soule it cannot justly beare any other than a hard construction For thus to carve himselfe of Justice is manifestly to violate lawfull authority and whiles he would avoid a short pain to incur the shame and sin of a selfe-executioner But if in that way wherein the doome of death is passed a man can give himselfe ease or speed of dissolution as when a Martyr being adjudg'd to the fire use the helpe of a bagge of Gun-powder to expedite his passage it cannot be any way judged unlawfull The sentence is obeyed the execution is accordingly done and if the patient have found a shorter way to that end which is appointed him what offence can this be either to the Law or to the Judge RESOLUTIONS The third Decade Cases of Piety and Religion CASE I. Whether upon the appearance of Evill Spirits wee may hold discourse with them and how we may demean our selves concerning them THat there are evill spirits is no less certaine than that there are men None but a Sadduce or an Atheist can make question of it That evill spirits have given certaine proofes of their presence with men both in visible apparitions and in the possessions of places and bodies is no lesse manifest than that we have soules whereby they are discerned Their appearances are
flocks they had forty eight cities set forth for them with the fields round about them to the extent of two thousand cubits every way they had the first fruits of wine oyle wool c. in a large proportion he was held to be a man of an evil eye that gave lesse then the sixtith part They had the first born of cattle sheep beeves goats and the price of the rest upon redemption even the first-born of men must ransom themselves at five shekels a man They had the oblations and vowes of things dedicated to God They had the ample loaves or cakes rather of shew-bread and no small share in meat-offerings sin-offerings trespasse-offerings heave-offerings shake-offerings of sacrifices eucharistical they had the brest and shoulder of other the shoulder and the two cheekes yea the very burnt offerings afforded them an hide Besides all these all the males were to appeare before the Lord thrice a year none were exempted as their Doctors tell us but servants deaf dumb idiots blind lame defiled uncircumcised old sick tender and weak not able to travel and no one of these which came up might appeare empty-handed What do I offer to particularize there were no less then twenty four gifts alotted to the Priests expresly in the law the severals wherof who so desires to see may finde in the learned and profitable Annotations of master Ainsworth out of Maimonides 2. We can have no reason to imagine that the same God who was so bountifull in his provisions for the legall ministery should bear lesse respect to the Evangelicall which is far more worthy and excellent then the other justly therfore doth S. Paul argue from the maintenance of the one a meet proportion for the fit sustentation of the other 1 Cor. 9. 13. 3. It is not fit for Gods ministers to be too intent to matter of profit their main care must be the spiritual proficiency of the soules of their people the secular thoughts of outward provisions must come in only on the by but howsoever they may not be intangled in worldly affaires yet they ought in duty to cast so much eye upon these earthly things as may free them from neglect It is to Timothy that S. Paul writes that it any man provide not for his own especialy for those of his own house he hath denied the faith is worse then an infidell 1 Tim. 5. 8. 4. Under the law the tenth part was precisely alotted by the owner of all things for the maintenance of the sacred Tribe and if the wise and Holy God had not found that a meet proportion for those that served at his Altar he had either pitched upon som other or left it arbitrary yea even before the law Gen. 14. 20. Abraham and in his loynes Levi himselfe paid tithes to Melchisedec Heb. 7. 4. the priest of the most high God and whether it were by his example or by some naturall instinct we find the very heathen nations after some great victory atchieved were wont to devote stil the tithe of their spoiles to their Deities so Camillus when he had after a long siege taken the rich city Vejos a place of such importance that upon the taking of it he wished som great cross might befall Rome for the tempering of so high a felicity he presently offereth the tithe to his Gods yea it was their custome who were most devout to consecrate the tithe of all their increase to those Gods they were most addicted unto in so much as the Romans noted it in their Lucullus that hee therfore grew up to so vast an estate because he still devoted the tithe of his fruits to Hercules And Pliny tells us that when they gathered their Frankincense none of it might be uttered till the Priest had the tithe of it set forth for him 5. There can be no good reason given why we may not observe the very same rate of proportion in laying out the maintenance of the ministery under the Gospell and if these rules and examples bee not binding since Religion consisteth not now in numbers at all yet there is no cause why Christian Kingdoms or Commonwealths may not settle their choice upon the same number and quantity with both Jewes and Gentiles 6. The nationall lawes of this kingdom have set out the same proportion of tenths for this purpose If therfore there were no other obligation from the law of God or of the Church nor any precedents from the practise of the rest of the world yet in obedience to our municipall lawes we are bound to lay forth the tenth part of our increase to the maintenance of Gods service and that tenth is as truly due to the minister as the nine parts to the owner 7. Since the tenth part is in the intention of the law both civill and ecclesiasticall dedicated to the service of God and in the meer intuition thereof is alotted to Gods ministers there can be no reason why it can be claimed or warantably received by Lay persons for their proper use behoof so as this practise of Impropriation which was first set on foot by unjust and sacrilegious Buls from Rome is justly offensive both to God and good men as mis-deriving the well-meant devotions of charitable and pious soules into a wrong channell Nothing is more plaine then that tithes were given to the Church and in it to God how therefore that which is bequeath'd to God may be alienated to secular hands let the possessors look 8. Let men be tied to make good the Apostles charge since the legall rate displeases and it shall well satisfie those that wait upon Gods services under the Gospel The charge of the Apostle of the Gentiles is Let him that is taught in the word communicate to him that teacheth in all good things Gal. 6. 6. whereto hee adds ver 7. Be not deceived God is not mocked The charge is serious and binding and the required communication is universall and that with a grave Item of Gods strict observation of performance we may not think to put it off with Ambroses mis-pointed reading of referring the all good things to the teaching a conceit sensibly weak and misconstructive nothing is more evident then that it hath relation to the communicating wherein for ought I see God intends a larger bounty to the Evangelicall ministery then to the legall where all is to be communicated what is excepted All not exclusive of the owner but imparted by the owner Let this bee really done there will bee no reason to stand upon the Tenths 9. But that this may be accordingly done there is no law that requires a meer arbitrarinesse in the communicators the duty of the teacher is punctually set downe and so well known that the meanest of the people can check him with his neglect and why should wee thinke the reciprocall duty of the hearer fit to bee left loose and voluntary yet such an apprehension hath taken up
the hearts of too many Christians as if the contributions to their ministers were a matter of meer almes which as they need not to give so they are apt upon easy displeasures to upbraid But these men must be put in minde of the just word of our Saviour The laborer is worthy of his wages The ministery signifies a service a publique service at Gods Altar whereto the wages is no lesse due then the meat is to the mouth of him that payes it No man may more freely speak of tithes then my selfe who receive none nor ever shall do Know then ye proud ignorants that call your Ministers your almes-men and your selves their Benefactors that the same right you have to the whole they have to a part God and the same lawes that have feoffed you in your estates have allotted them their due shares in them which without wrong ye cannot detract It is not your charity but your justice which they presse for their owne Neither think to check them with the scornfull title of your servants servants they are indeede to Gods Church not to you and if they doe stoop to particular services for the good of your souls this is no more disparagement to them then it is to the blessed Angels of God to be ministring spirits Heb. 1. 14. sent forth to minister for them who shall be heires of salvation Shortly it is the Apostles charge ratified in heaven that they which labour in the word and doctrine should be remunerated with double honour that is not formall of words and complements but real of maintenance which he laies weight upon his Timothy to enioyn 1. Tim. 5. 17. 10. And surely how necessary it is that we should bee at som certainty in this case and not left to the meere arbitrary will of the givers it too well apears in common experience which tell us how ordinary it is where ministers depend upon voluntary benevolences if they doe but upon som just reproofe gall the conscience of a guilty hearer or preach som truth which dis-relishes the palat of a prepossessed auditor how he straight flies out and not only withholds his own pay but also withdrawes the contributions of others so as the free-tongued teacher must either live by ayre or be forced to change his pasture It were easy to instance but charity bids mee forbeare Hereupon it is that these sportulary preachers are faine to sooth up their many masters and are so gaged with the feare of a starving displeasure that they dare not be free in the reprehension of the daring sins of their uncertain benefactors as being charmed to speak either placentia or nothing And if there were no such danger in a faithfull and just freedom yet how easy is it to apprehend that if even when the laws enforce men to pay their dues to their ministers they yet continue so backward in their discharge of them how much lesse hope can there be that being left to their free choyce they would prove eyther liberall or just in their voluntary contributions Howsoever therfore in that innocent infancy of the Church wherein zealous Christians out of a liberall ingenuity were ready to lay downe all their substance at the Apostles feet in the primitive times immediately subsequent the willing forwardness of devout people tooke away all need of raysing set maintenances for Gods ministers yet now in these depraved and hard hearted times of the Church it is more then requisite that fixed competencies of allowance should by good lawes be established upon them which being done by way of tithes in those countries wherein they obtaine there is just cause of thankfulnesse to God for so meet a provision none for a just oppugnation CASE VIII Whether it bee lawfull for Christians where they find a countrey possessed by savage Pagans and Infidels to drive out the native inhabitants and to seize and enjoy their lands upon any pretence and upon what grounds it may be lawfull so to doe WHat unjust and cruel measure hath been heretofore offered by the Spaniard to miserable Indians in this kind I had rather you should receive from the relation of their own Bishop Bartholomaeus Casa then from my Pen. He can tell you a sad story of millions of those poor savages made away to make room for those their imperious successors the discovery of whose unjust usurpation procured but little thanks to their learned professors of Complutum and Salamanca Your question relates to our owne case since many thousands of our nation have transplanted themselves into those regions which were prepossessed by barbarous owners As for those countries which were not inhabited by any reasonable creatures as the Bermudas or Summer-Islands which were only peopled wih Hogs and Deer and such like bruite cattle there can be no reason why they should not fall to the first occupant but where the land hath a known master the case must vary For the decision whereof some grounds are fit to be laid No nation under heaven but hath som Religion or other and worships a God such as it is although a creature much inferiour in very nature to themselves although the worst of creatures evil spirits and that religion wherein they were bred through an invincible ignorance of better they esteem good at least Dominion and propriety is not founded in Religion but in a naturall and civill right It is true that the saints have in Christ the Lord of all things a spiritual right in all creatures all things are yours saith the Apostle and you are Christs and Christ is Gods but the spirituall right gives a man no title at all to any naturall or civill possession here on earth yea Christ himselfe though both as God and as Mediator the whole world were his yet hee tells Pilate My kingdom is not of this World neither did he though the Lord Paramount of this whol earth by virtu of that transcendent soveraignty put any man out of the possession of one foot of ground which fell to him either by birth or purchase Neither doth the want of that spirituall interest debar any man from a rightfull claim and fruition of these earthly inheritances The barbarous people were lords of their owne and have their Sagamores and orders and formes of government under which they peaceably live without the intermedling with other nations Infidelity cannot forfeit their inheritance to others no more then enmity professed by Jewes to Christian Religion can escheat their goods to the Crownes under which they live yea much lesse for those Jewes living amongst Christian people have or might have had meanes sufficient to reclaime them from their stubborn unbeleefe but these savages have never had the least overture of any saving helps to wards their conversion they therefore being as true owners of their native inheritances as Christians are of theirs they can no more be forced from their possessions by Christians then Christians may be so forced by them certainly in the same