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Show of W~r A?fd Peace of hondl diligence , be fet at liberty ; He addes: andbe not forb.dvlen to c~trry with the.m ou.t ofthetr majlers houfe~what they g~tmed m their (ervtce. Of wh1ch ben;g· nity there are many examples in the Mar· De1ft, 1 f. IJ· tyrologies. And here aHo is to be praifed the bemgnity of the Hebrew Law , that commands an Hebrew fervant, after am· tain time fulfill'd, to be manumitted·and ~ c~nfuttttdo id not without gifts * ; of the contem~t of •n:etpretats~ne. which Law, the Prophets make a heavy dmcmtuJUr: r3xod.seapcrl1"&'· ~omp la ·m t. PI utarc h. repre he n ds (r. ..atoma· ju~ente s 4 . JOr, becaule,when hts fervams were aged, he fold them, unmindful of that common Silv. v~rbo fer· nature of mankinc.i. A quefhon here is in· 'flitU:I, ~.J. cident , w bet her it be lawful for him to Fortu~r~J~fiDm td. fly , who is taken Captive in a jufi war. mjua~n 1(t!mJo 1j us • • c ,t We 1r. pea k not o fh'1 m, w ho by his own · • proper fault hath defen'd that p1 mlh· ment, but of on.e that by publick a6hon is fallen into this fortune.) Ic is the truer anf wer, that it is not 1a wfu I : becaufe, by the common agreement of Nations 1 he owes h1s fervice in the N:Hne of the C0m· tnonwealth. Which yet is fo to be under• fiood , unlcfs intolerable cruel ufage im· pofe upon him this necefficy. Another doubt is , -whether, and how far 1 they .t. that are born of fervants are under Domi· L~Ne1Vs•. ls.. % .. e.~. nion by internal right : a doubt , which may not be omitted here , by reafon of the fpecial confideration of Captives in war. If the parents by any crime of theirs had deeferv' d the punHhment The third Part death ~their C~ildreR .which• they hoped for' m1g_ht ~ toiave their l:ves, be bound over to ie i·vnude : beGn& otherwife they would never be born.( For,even for maintc:· nance, which they wou1d orherwlfe-want parents rna y fell their Chlldren. ) Such i; the right , vv hich God alloweth the He-b~ ews gver the poHerity of the (anaa- Dcur. H. If· mtes. Bur , for the debt of the Common .. wealth, they which were already born as a part of the Commonwealth , might 'be bound, no lefs than the Parents them-fclves. Howb~it , as to them who are not Y.et born , th1s C~lJfe fe~meth not fuffi- Cient,but another 1s reqUlred : either from Parents exprefs confem tooether with a. neceffity of maintenance ' ~nd that for ever; or from the allowance of mainte-na~ c:, and chat only till the 'work hath pald f.or al} tlrtlt was layd out. If any fur- ~bcr nght ts given the Mailer over thefe ' It feeme~h to proceed out of the C1vil Law' favouring M~fters mot·e than is enough. Among the Nations, with whom that .La"': of fervitude by war is not in u~ I lt Will be befi, th'lt Captives lhould b~ e~changed ; next, that they lhould be ~fmJffed at a rea.fonable rate. What this 151 can?ot pl'Cctfely be determined . but H~mamty teacheth, it ought ·not be fo heJg~tned ' but that the refidue of the Captives. efl:ate may fupply him with all Necdfanes. In fome places ' this is defi .. ned by Covenants and Cufioms • as a- S r ... , , • ::? rnong |
