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Show of WAr lind Pt4ce teach us. For truly, if that were lawfull, either flacions would be deferted , or (li· cenfc froceeding ) the Army , or part th(1reo , would be engaged in unadvifed * Ira Avidius Battels *, which by1all means is to be Caffiu~ cau: avoydeq. Therefore Salluft, wh~n he fam fenrentJZ d r ·L- h R D'i' . 1. 1 ,. h (uz reddebar: eiCrtu\:s t e oman 1 ctp me, att , Eveni~e pot•iffe In war th~y have been often punifhed, who u~ tffent i~ft- agai;zft Authority had. fought againft the dz..e. Volcau. Enemy, a;:rd who hei?Jg recall'd made no Its. haft ,out cf the Battel. A certain Laco· nian,. when, being upon his Enemy, and bearing-the fign of 'retreat , he had re· pr~lfed the blow, ga.'v!! c}1e realon thus: "It u b-ettfr to oheymy '{onlmander, than to kjll my Enemy. And 'P!tetarch faith, They that are disbanded cannot kill the Enemy, becaufe they aro not bound by Mil.itary Laws, wherewith they ou~ht to be bound that are to fight. And Epi- Arrian. ~· 6. Eletlf! in A rrian relating the now-memion'd fa& of Chryftmta!, adderh, s() much t/,id he prefe,· the execution of hu Commanders will hcfore hu owv. Neverthelefs, if we ref pea natural and internal ricrht, it feems granted to every man, in a jufl: War, to do thofe things, which he is confident will, within the juG mea[ure of vvarring, be advantageous to the innocent parfy: no.t alfo to ap.propriate to pimfelf tbings,raken, for nothing is owing to him ; ,unJcfs perchance• he exad: punilhment.- lb.y :.~h.e com'?Qfl nght 'The third p4rt. 6JJ . . rioht ef men. Which laft, how it is re• thain'd by the Gofpel-law, may be u~- derftood by what we· have faid afore. 1.'11t. :.; Now, a mandate may be either gcne~al, or fpecial. General , as in a rumult. a-mono the 'R..gmanJ, the Conful faid, wh;{on1er would have the Commo.»- Ser11.ad.l,.v£TJ. JVtAith fafe, follow me. Yea , and to all p2rticular SubjeCts is fometimes granted aright of killing, befides in the vvay of lelf·defence, when 'tis publickly expedi-ent. Special mand?-te , not onely they c. tJII~~di • .Ji· may have that receive Pay , but they ctat un:cuz'h• alfo that go to war .at their own cbarge , 1• 1, & ~. md that (which is more) adminifier at their charoe a part of the VVar : as they that provide Ships , and maintain them. by their own expences ; to whom ·, in- Read of Pay , . is 'wont co be granted leave to keep what they can take. And how far that may go , without viola-non .of internal jufiice and charity ' is not without caufe enquir'd. Juftice ei-ther ref peels the Enemy, or the Com-mon- wealth it ielf wherewith one has contratled. From the Enemy , we have faid,. rna y be taken away the polfe~on of all thinos which may feed the VVar; ana this, for iecurity fake, on conditi';)n to rcllore it : and the dominion too may be taken away, fo far as to · the .com• pmfation of that , which, ·either from the beginning of the war, or by what fell |
