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Show o{W~tr •nd Pe-tce they , the [.:~me will bef.:~ll the Carthdgi· nians·at Tyre ana in sther towns of Trade, . wherto they often refort .Another fpecies of "1' 1"A!1°""~' violent execution is t Pignor~t.tion among u(t&n. nfi'IJtfl. d .,. r . h' h h I L * .~} .• id dicit .ivers JV~ttons;w 1c t e ater ~wyers Dtmoftb.RJorat. call tht right of Repri.,ttls ; the Saxons pro_eortm4, fto and the Englifh , W'n hernam ; and the !'11·1.'1111• 2..[. French , even when it is obtained of th~ s&B.BB .•r 3t • t&l1t1rJ e• -K• mg, L etters of ''.f .Jti.nAa rc. A n d t h'1 s ha t h prt{s.q.f.ltlJ. place , fay the Lawyers, where right is •·I· denycd. . XVIII. Of Reprizals, after right ·denyeJ. Life is not eng aged. , I Right of Reprizals cometh, not only if Judgment cannot, within fit time, be obtained againft the guilty part, or Debtor; but aHo if in a matter not d0ubt· ful (for in a doubtful matter there is a pretUmption for them who are ele6te? to t :- publick judgments: ) judgment be gtve~ plainly againfl right. F~r , the aut bon· ty of the judge is not of the [arne value over foreiners , as over fubjeB:s. Even a· mongfl fubje&s, it taketh nota way what was truly oyved: A trHe 7Jebtor7 though • s,tlfnt h~~ he b-e ab(alved, yet by nature * remains A qu~r bt~bet Ga,t. b . . h p l * h L .Ana dt pACt jub.f. 2 , De tor, iatt au t e awyer : . e. 8.n. 1. . when,by the tnjHrJ oftbe judJ:e,the{re~l· * L. Juti4.nf1;4 tor h~t.d tak!n away from the owner Mhtng D. de e~d. p•· which wM not the debtors , M engAtd ~~~;:§~~~'D. to him; and the quejhon wa: put ,whet er, Mlli{lr. pi~n. the debt being pa1d, the thmg ought tob~ ~ reftoret~ Tht t~JyJ p~trt ~ S ) rtflored ttJ tle Debtor , Sc£vola pro1l d it' '"tht '" be reftored. There is this differcnce, that fubje6bcannot by force hinder ' the exccution,even bf an un jufi fentence; nor lawfully ptirfwe their rioht by force by reafon of the efficacy of {be power over them : but forejners have right to com-pcll, whifh yet they cannot ute la vvfully, fo long as they may obrein th~iF own by judgment. Upon fuch a ground thc:n,chat Clther the bodyes or movables of his fub4 jech., who renders noc righc,ma y be taken, · . 'tis not introduc'd indeed by nature , but ' commonly received by cufl:ome. The moft IJ' d .,, anu.c :nt examp 1e vv he reo f .ts 1. 0 HrhrJ!r, Jl • Ju where Neftor is related , for horfes -taken from his father, to have driven away the Cattell of the E!idenfes : and in the fame ~atio~s , All they were by proclama-tiOn call d together, to whom ~he Eliden-fes were any thino endebced · to the end ha - tJ ' , t t every one qt.ight have his· part. But, that the life of innocent fubje&s fhould be~ngaped for fuch ~ caufe ., perhaps wa$ be~le'fcti crmo!lgfl fome people, upon th:s principle, that they believrd every' man lad full ri~ht over his own life and that might be transfet'<i on the· Common: «ea-lth,: which , we have {aid elf where, IS lTOt probable, nor conlentaneous to foYTI~ Theology: N~verthele(s- it ~ay liM out, not by intention , bur by acci'- " «bt, t.hat they may' &e £lain , who by forae wiU .hinder ~he exe<cutiun·of rigHt. L 1 ,_ But |
