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Show ~Put. 2., lO• of' w.sr 4n4 Pe'.s&e But if this be forefeen,by the Law of cha. 'ty (we have fhewed other where ) the nrofecution of nght is rather to be omitted; teeing, by that law, the life of ~an ought to be more eHeemed (.among Chrifhans efpecially ) than our Goods, as we have demon{hated already*. · X I X. e.A diftinllion , m thu matter, "twixt the Lttw Civil, and the Law of Nations. Dec.conf.3 ~z.. BUt, in this matter as well as in o:hers, Bal. I. 3. de we mufl: beware , that we confound effie. afiefs. not choie ~"thinos which are properly of . 0 the Law of N ations,and thoie which are confl:icuced by the Civil Law or the a· greements of people. By the Law of ~a· tions are under p1gnoration all fubJe&s doing injury ·, who are fuch by a penna· nenc cauie, whether they be natives, or firang~rs;not rl?ey,tha~ are in any Coun· trey, paffing thro11gh it, or flayin~ a little while. For, pignoration.s are lntrodu· ced after the example of.burthens , which are brought in for difcharging of publick debts : from which they are freed , who o~ly for a time are fub;ec1: to the Laws of the place. Yet , from the number of fub· je4s , are exempted , by the Law of Na· tions , Emba£fadors , not fent unto our enemies ,and their Goods. But by the Ci· vil Law of States are ufually excepted the _ pcrfons T!Je third Pari~ perfons of women and Infants ; and the Goods alfo of Scholars, and Merchants. By the Law of Nation!--, every one hath the riohc of pignoration, as alfo at eA.- thens ~ in the apprehenfion of men. By,. if tl•lu'-•.f.l;. the Civil Law of many Countries it is wont to oe asked ' in iome p:aces of the Highe!t power, in tome of the Judges. By the Law of Nations, ipfo Jafto,rhe do-minion of the things- taken is acquired, to the {urn of the debe and coils , [o that the t Th V refidue oug ht to be rcnu.o r 'd t. B Y t he c·1 - tians eu feedn eth· is vil Law, they that arc concernd,are w~mt equity,having to be cited; and the things are to be tol? rakenrhdhips bypublick authori cy,or addiaed to tho1cofGenua,as that are concern 'd . B ut , t he 1re ?~ d ot he r JGarreegs oirna ~h irse -9~ points are to be learned of the Ctvd Law- Book, faying, yers, and namely of Bartolm , who hath Th~y did noc written Of Rcprht?!.r. Onely this 1 will fpotla~y of he,e add, be"Cauie 1t belongs to the mol\i- thhc'lhadmg' fy ing o.F t h.ts n.g ht , n.g t'd enoug h o f.J t 1re }~~· 'cwo rtnc anwd.a sf ifh ~ That whofoever,by not paying what they bur preferved' owe<t or by not doing jultice oa ve caufe all very careto pi~norations they are obl{o~d by na- fully, ti_Il, the n .. ' o '. h .. debe bemg re- tural and Dtvme Law • to repau t ell ceived,rhey re .. lo[es "' who are dammaged thereby. ftored what they had rakca ,rntirely. '*\Plutarch in his Cymon cqncerning the Scyrians: vcr.y many of them would not comr;bute mo~ies , but bade them that either received or had taken ~way other mens. gocds repli_~ t.he lofs. yidc c.£gid. 'lf.!gi~m dt afti~. (upernat. difp, I 3· Q., .• ~llf, L 1 3 xx. |