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Show Li b. t ~. ofW4r A»ti Puce ruufi diHinguiih ( a_s l;ath been fai.d) between the thing itielf' ard the manner of having it. An~ PY fuch a right 1 iee many KinBs c:onibtuted. by the . ~omam, fo ., that the royal famtly exlpmn ~ , the Empire ihould return to thcmfel"fes : · which is noted by Strabo concerning P ttphlagoniA and Lom~ other. LX. The Right , and the Exercif~ of it difti,;guifhcd. MOreover ' beth jn Empire and o~ minion , we rnuft diltinguifh the Right from the Ufe of right, or the firfi aCt from the fecond. For as an Infant Kino hath right , but cannot excrcilc ~is po:er ; fo aHo on~ of an alienated mind, and in ·captivity , and that lives in the territory of another , fo that freedome of acbon about his difiant :Pmpire is not permir~~d hirn~f~r in all thefe cafesCura·. tors or Vicezere~ltS are to be ~i ven.Ther- * P:ida Plu· fore * Dcmetrim , when bc in~ i.Q. the w ch.DmietriD. power of Saleucus he was under lome r~fhaiat, forbad any credit to be h:~d, e1· ther to his feal, or letters, b~t appointed ~11 things to be adminiflred , as if he had b. et.t n d. ead. . f.. X J. LXI. Of the war of Sub jells t~gttinft their Superier.r. The qHe-fticn fta.ted. ·1.. I• t. 4• WAr may be waged, both by pl'i- . vate men ag~inH private, as by a traveller aoamfi a robber; and by thofe that have the 0 highefi power agaiu~ thofe that have it likewife , as by Davtd aoainil the Kino of the .Ammonites; and bDy private men n againfl thofe t ha t ha ve the highelt power , but not over them , ~s by eAbrah'am aga.'mil the ~ingof Fabylot~ and his neighbors; and by ~hofe that have the highell power over prtva~e men either fubjett to them, as by Davtd upo~ the part of I sbo[cth; or not fubje&, as by the Ronum.r againH t~e piracs. Only the qucltion is, whether lt be lawfull for pnvate or for publique perfons to make war upon them, tt~der ~hofe p:)wer ~whether fupreme ot fubordmate, they ~re. And firft , that is beyond all controverfy, Armes may be taken againft inferiors by thofe who are armed by authority of the Highefl power:as 'N._eheml~ t~ was armed by the Edi& of ArtAxer: r:(Y.r againa the rtei_ghboting Gover-nours. So the 1\gmAn Emperors grant L.TJit ""'·' i ltave to the Lord of the foil to force a way de Mttatfrlj. • the Camp-meafuters. But it is inquh•d , u. what is lawful againft the Higheft Power, ot the Lower Powers doing "hat they doe |
