no reason, why it can be claimed or warrantably received by lay persons, for their proper use and behoof: so as this practice of impropriation, which was first set on foot by unjust and sacrilegious Bulls from Rome, is justly offensive both to God and good men ; as mis-deriving the well-meant devotions of charitable and pious souls into a wrong channel. Nothing is more plain, than that tithes were given to the Church; and, in it, to God: how, therefore, that, which is bequeathed to God, may be alienated to secular hands, let the possessors look.

8. Let men be tied to make good the Apostle's charge, since the Legal rate displeases; and it shall well satisfy those, that wait upon God's 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. vi. 6: whereto be adds, Be not deceived, God is not mocked; v. 7. The charge is serious and binding and the required communication is universal; and that with a grave item of God's strict observation of performance. We may not think to put it off with Ambrose's mis-pointed reading, of referring the all good things to the teaching; a conceit, sensibly weak and misconstructive: nothing is more evident, than that it hath relation to the communicating; wherein, for ought I see, God intends a larger bounty to the Evangelical ministry than to the Legal where all is to be communicated, what is excepted? All not exclusive of the owner; but imparted by the owner. Let this be really done, there will be no reason to stand upon the tenths.

9. But, that this may be accordingly done, there is no law, that requires a mere arbitrariness in the communicators. The duty of the teacher is punctually set down; and so well known, that the meanest of the people can check him with his neglect: and why should we think the reciprocal duty of the hearer fit to be 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 mere alms; which as they need not to give, so they are apt, upon easy displeasures, to upbraid. But these men must be put in mind of the just word of our Saviour, The labourer is worthy of his wages. The ministry signifies a service; a public service at God's altar: whereto the wages is no less due, than the meat is to the mouth of him that pays for it. No man may more freely speak of tithes than myself, who receive none, nor ever shall do. Know, then, ye proud ignorants, that call your ministers your alms-men, and yourselves their benefactors, that the same right you have to the whole, they have to a part: God, and the same laws 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 press for their own. Neither think to check them, with the scornful title of your servants: servants they are, indeed, to God's Church; not to you: and, if they do stoop to particular services for the good of your souls, this is no more disparagement to them, than it is to the

blessed angels of God, to be ministering spirits, sent forth to minister for them, who shall be heirs of salvation; Heb. i. 14. Shortly, it is the Apostle's charge, ratified in heaven, that they, which labour in the word and doctrine, should be remunerated with double honour: that is, not formal, of words and compliments; but real, of maintenance which he lays weight upon his Timothy to enjoin;

1 Tim. v. 17.

10. And surely, how necessary it is that we should be at some certainty in this case, and not left to the mere arbitrary will of the givers, it too well appears in common experience: which tells us how ordinary it is, where ministers depend upon voluntary benevolences, if they do but upon some just reproof gall the conscience of a guilty hearer, or preach some truth which disrelishes the palate of a prepossessed auditor, how he straight flies out; and not only withholds his own pay, but also withdraws the contributions of others so as the free-tongued teacher must either live by air, or be forced to change his pasture. It were easy to instance, but chaHereupon it is, that these sportulary rity bids me forbear. preachers are fain to sooth up their many masters; and are so gagged with the fear 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 faithful 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 less hope can there be, that, being left to their free choice, they would prove either liberal or just in their voluntary contributions?

Howsoever, therefore, in that innocent infancy of the Church, wherein zealous Christians, out of a liberal ingenuity were ready to lay down all their substance at the Apostles' feet; and, in the primitive times immediately subsequent, the willing forwardness of devout people took away all need of raising set maintenances for God's ministers: yet now, in these depraved and hard-hearted times of the Church, it is more than requisite, that fixed competencies of allowance should, by good laws, be established upon them; which being done by way of tithes in those countries wherein they obtain, there is just cause of thankfulness to God for so meet a provision, none for a just oppugnation.

CASE VIII.

Whether it be lawful for Christians, where they find a country 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 lawful so to do.

WHAT unjust and cruel measure hath been heretofore offered by the Spaniard to miserable Indians, in this kind, I would rather you

should receive from the relation of their own Bishop, Bartholomæus Casa, than 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 own 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 with hogs and deer, and such like brute 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 some religion or other: and worships a god, such as it is; although a creature much inferior, 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 natural and civil 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 Christ's, and Christ is God's: but the spiritual right gives a man no title at all to any natural or civil possession here on earth. Yea, Christ himself, though, both as God and as Mediator, the whole world were his; yet he tells Pilate, My kingdom is not of this world: neither did he, though the Lord Paramount of this Whole Earth, by virtue of that transcendent sovereignty 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 spiritual interest debar any man, from a rightful claim and fruition of these earthly inheritances.

The barbarous people were lords of their own; and have their sagamores, and orders, and forms of government, under which they peaceably live, without the intermeddling with other na

tions.

Infidelity cannot forfeit their inheritance to others; no more than eumity, professed by Jews to Christian Religion, can escheat their goods to the crowns under which they live. Yea, much less for those Jews, living amongst Christian people, have or might have had means sufficient to reclaim them from their stubborn unbelief; but these savages never had the least overture of any saving helps towards their conversion. They, therefore, being as true owners of their native inheritances as Christians are of theirs, can no more be forced from their possessions by Christians, than Christians may be so forced by them. Certainly, in the same terms, wherein they stand to Christians, do also, in their judgment, Christians stand to them and, if it would seem hard to us, that an inundation of Pagans should, as heretofore it hath done, break in upon us and

drive us out of our native possessions, how could it seem less unjust in us to them?

as

Their idolatries and sins against nature are heinous and abominable; and such, as for which God, of old, condemned the seven nations to an utter extirpation. But what commission have we for their punishment? Could we shew such a patent in this case, the Israelites had for their wars against Amalek and those neighbouring Heathens, all were sure but you know who said, What have I to do to judge them that are without? 1 Cor. v. 12: and, if he may not be a judge, who may be an executioner?

Refusal of Christianity can be no sufficient ground, of either invasion or expulsion: since violence is not the appointed way for plantation of the faith; which must be persuaded and not compelled.

That sentence, therefore, of Pope Gregory*, Justum sanctumque esse bellum, &c. ("That is a just and holy war, which is by Christians made against Infidels, that they, being brought under subjection, the Gospel of Christ might be preached unto them; lest that if they should not be subjected, they might be a hindrance to preaching, and to the conversion of those that would believe;") is surely either not out of the chair, or beside the cushion; and better beseems a successor of Romulus, than of Peter.

I may not omit to acquaint you, how hotly this main question was disputed by Spanish and Italian Divines, upon the very first entrance of this litigious usurpation: at which time Pope Alexander the Sixth, anno 1493, gave his large Decretory Bull to Ferdinand King and Isabella Queen of Castile and Arragon, for his expedition against the barbarous Indians of the then newly discovered world. Genesius Sepulveda, a learned Spaniard, writ then, in defence and encouragement of this holy invasion, a Dialogue, which he called Democrates Secundus, which was published at Rome, by the procurement of Antonius Augustinus, auditor of the palace; which no sooner came abroad, than it was eagerly set on, by the Divines both of Italy and Spain. Amongst these latter, the Doctors of Salamanca and the Complutenses, and above them Antonius Ramirus Bishop of Segovia, fall foul upon that offensive discourse; which Genesius would fain have vindicated by an Apology, set forth to that purpose: but, how insufficiently, it were easy to shew, if it were as needful. But, to make the matter good, he thinks to back himself by the authority of great and famous persons, both Counsellors and Doctors by him cited; and, above all, by that loud Bull of Alexander t; wherein yet, for ought I see, the charge which is laid on those princes is only to reduce the peo

Greg. cap. Per venerabilem. et cap. Si non. 23. q. 4. Justum sanctúmque esse bellum, quod Infidelibus à Christianis infertur, ut eis imperio subditis prædicari possit Christi Evangelium; ne si imperio subditi non sint, prædication, et conversioni eorum qui crediderint impedimento esse possint.

↑ Decret. et indultum Alex. VI. super expeditione, &c. Populos, in ejusmodi insulis et terris degentes, ad Christianam Religionem inducere velitis et debeatis, &c.

ple living in those islands and countries to receive Christian Religion; which we may well apprehend more likely to be done, by other means, than by the sword. After much agitation, it pleased the King of Spain, to require the judgment of Francisco à Victoria *, the famous Professor of Divinity at Salamanca, concerning this so weighty affair; which he hath published with such wisdom and moderation, as so great a business required; stating the question aright on both sides; both shewing the insufficiency of the received grounds of that Indian expedition, and directing to those just motives and rules of proceedings herein, as might be, in such a case, justifiable: to which grave and solid discourse of his, you may, if you please, be referred for further satisfaction.

Onwards, I shall draw forth some few of such considerations from him, as may serve for my present purpose.

First, therefore, it is lawful for Christians to travel into any country under heaven; and, as strangers, to stay there, without any wrong done to the natives: a thing, allowed by the law of nations, derived from the law of nature; by which law it is every where held an inhuman thing, to offer ill measure to a stranger. It is the argument, that righteous Lot used to the worst of Pagans, the Sodomites; Only unto these men do nothing, for therefore are they come under the shadow of my roof; Gen. xix. 8.

And if, before the division of nations, the earth lay freely open to all passengers without scruple, to travel whither they pleased; surely, that partition was never intended to warrant a restraint: and, if nature have made the sea and all the inlets of it common; it were very injurious to abridge any nation of the free use of so liberal an element.

Secondly, it is lawful for us to use traffic with those infidels, and to interchange commodities with them, and to abide upon their coasts for negotiation, and to fish in their sea, and to take part of those profits which nature hath made common to all comers.

And, if those Pagans shall oppose us in so warrantable courses, it will be meet for us to tender them all fair satisfaction; persuading them that we intend no harm or prejudice to them in their persons or estate, but much good to both; labouring to win them by all courteous demeanor.

But, if they shall fly out, notwithstanding all our kind endeavours, into a violent opposition of us, setting upon us in a hostile manner, offering to cut our throats in so unjust a quarrel; it is lawful for us to stand upon our defence, and to repel one force with another, and to use all convenient means for our security; and, if we cannot otherwise be safe, to raise bulwarks or fortifications for our own indemnity; and, if we find ourselves overpowered by implacable savages, to call for the aid and assistance of our friends, and, if the enmity continue and proceed, of our princes: since the just cause of war is the propulsation of public injuries; and such injury is as great, as barbarous.

*Franc. à Victoria Relect. de Indis.