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Show .· ' ' X C V. Of War for punifhment ;· and whether war be juft for ' offences b'egun. IT is manife!t , that wars ~re not to be undertaken for every offence : for , nei~ ther do the Laws bellow that their revenge , which is fafe and hurts only the , nocenc, upon all faults. Rightly faith the forecited Sopater , That lefs and com-e lJ 1 mon tranfgrcffions are to be winked at not c · ·7·C.J. revenged. Now , that which {ato 'raid , • in his Oration for tqe Rhodians, that it is ~ . . • not equal any one lhould be punifht for -· ' :r · ~n intent of doino evil , was indeed well fet in that cafe; becaufe no dec1ee of the 1JJ~dians could be alleged , but only con~ectures ?f the.ir fluCtuating minde: yet IS not this to he received univerfally. For, an intent or will, that hath proceeded to external a&s (for the internal are not put.ilhed by men, as we have faid a· t S fore)is wont to be lyable t-o punifhmenttfr eneca p:lttr S h rp , d . in Comrovcr- ·o t e ·.A.'\..!}mans. ecree a war agam fiis: Set/era Ferfeus, unlefs he give fatisfatlion for 9r1oq; ,quamv14 ~itr:z exi~Nm [ub(tderunt, pu•iMntHr. Jnjuriam 9ui faElur/14 t{t , jam J~at? att.alrer Se~eca. 'l{olltXitu. rtrum ftd conPlia. Legib114 villll~ earl, Ctcero dixit pro Milone. Ptriandri diClum trat · ,.,.., ~611r 9i~ i.~rr~'m•: , rl».J. I!) .,.¥, til».mac IdA«~'· Val. Max~ de Cn. $erg10 Silo damna to !'Non fallum tu11c , {tl animsu in quottm(J'IItM llt~ullus e{l : pl~/q; voJuiffi pecct~re nocuit , tJIWn non pccca!Jt ,,,.. /M'!· Sen. de bene: f. f.. r. c. r 4· L4t11 tfl etiam lfnttqrwn t1Wflll is-. '}'lmtt ~ qtt~' ad occidendum. jam armatus ~fl ,. & bdet [poli11ndi atq; Mtt1jimndn;olHntlllem. L1v. lib, ,..~. holding 'Iheftcond holding confultat'lon , and preparing war againll: the Roman people: for indeed he had provided arms , foldiers , lhips. And this IS wdl noted lfl the orations of the Rhodians , which Livy hath recorded ; It ~tgrecs neither with the c~~:ftom's nor , Laws ~f any Commonwealth, tht~t if one dejire the deftru.Etion of hh· enemy, and have done nothing to effeU it , he Jhou!d lofe hu life. Neither doth all ill vvill , though declared by [orne deed , make room for punilhmem. For, if (ln~ finilhc:d are not all avenged, much lefs are they that are purpofed and begun. In many , that faying of Cicero may take place: Perhaps it may fujfice , that the offend~r re• pent 'f hu injury. The Law given to the Hebrews, againfi very many fins inchoa' ted againft piety, or even again(t a man· s life except judgment , conHituteth nothing fpecial : becaufe, both in things divine , as being hard to be 'difcerned by us, it is eafy to etre ; and the violence of anger is capable of 'pardon. But , when fo many wives vvere eafy to be had , to in jure an others be~· ; or, when poffeffions were fo equally. divided, by fraud to enrich himfelf vyith anothers lofs , was not to be endured~. For that ~ Thou Jha!t not - covet, whi.ch is in the Decalogue,though, ~f you c~n~der the fcope of the La.w( th!lt t Chryfofto· . IS the fpmtualtty) it be of laroer extent mus ad Romd • ( rro r t h~ La yv wou ldha ve a1 1 t o° be moil 73.· ml3ul·t&a haab· ec.t pure t m mmde alfo :) yet, as to the ex- in hanc rem. tcrnal |