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Show Of W.cr And P~tUe fell out after , is owing to him that wa· geth a juft war ; wh~ther the things be· long-to the hofhle Common·wealth, or to particular men , and tho[e in them· fclves innocent : but the goods of the no· cent,even ·byway of punHhment,may be taken away and poffeffed by the Takers. So then,boftile goods will become theirs, who adminifter part of the war at their own charge , fo far (as to the Enemies) that the meafure I ba ve expreffed be not ctceeded ; and this is to be deterrnin'd by an equal judgement. But, as to the Common-wealth , the fame will be jull: by internal JUfiice , if there be equality in the contratl; that is, if the charges and cbe dangers be as great, as the pro· bability of the prey. For, if this hope be of much more value, the overplus muA: be rendred co the Common-wealth; jutl as if one had , ·at·too cheap a rate, bought a Call: , uncertain indeed, but ·eafy, and of great hope. Yetfurrher, when Jufiice ll:rid:ly foul 'dis not of· fended, th~re may be a_ tranigrelfton from that office which confi!itth in the love af others , efpecially fuch as the Chriltian Larw ·prefcribeth : as , if it appear that fuch predation will chidly hurt, not the generality of the Enemies , nor rhe King , .not thofe that are in themfdvcs noccmt,. but the innocent ; and thado much, ; that it will aft them into very great geat calamities i into' which , to cafl: even them that are privately indebted to us, were unmercifulnefs. But, if more-over that depredation be not of much s=~ • ' } flflo fl 'VtfN moment, ne1c 1er to end the war, nor co btUu"' 1 "·a. weakeo che E~emy ; in fuch a cafe , an 71tt/. s~ honeft man, e1pecially a Chrilhan ouoht to think it an unworthy gain , w'hich is ~de onel y of . the infelicity of the · ttmes t . Sometunes alfo it happens , t PINt.rdl tbat, ~~ occalio!l o~ publJCk war, private blames C7":/T• · war aflieth , vtz.., 1f one chance to fall for this rhac among ones Enemies, and come into he ~ot hls hazard of life or goods: in which cafe whc t6h out o£ th 1 h. ' r c rc and e arne t mgs are to be obferv· d war tu · h. h h r_ , , rnm& w 1c. we ave ehwherc faid of the law- the common full man~er of [elf-defence. There is calam~rics ift .. ~~t alio ~o be jo~n·d with rivate t~iln'atc ulihry, publtck authoncy: vh. if one, gP..,-t.~. upon great damage receiv·d from the Ene-my obtain a right to recompence his Iotles out of the Enemies goods : which rioht is to be defined by what we have faid a~'e, of Reprizals. But, if any Saul-dier or other , even in a juft war hath fir'd the Enemies houfcs, wafted their Fclds, and done other damaoes of the like fort, without command, band' when , , was no !lec~ffity, nor juficaufe; it , ~htly dehver d by Divines , chat he !ilfl. PI llfrllf bOund to repair the damages. JulHy btUum,p. x. I added, what they omitted~ withIAN/ e • for) if there be caltfc~ he will be |
