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Show • OrtttiDIItin Ar iftocr At em. of w-er ttt~tl PeAce Vlll. In defenfe of Goods , to ~ll a man u not unlaw full by. the 1\jght of na.ture, ·come we now t.:> the injuries where· ~ by our goods are inv:~.ded . If we retpeet expletory of J u(\:i~e, I will not de· ny ,but for the confervatton of our goo.ds, the Invader , if need be , may be flam: For, the inequality between thefe thing1 and life, is made up by favour to them· nocent, and by hatred to the injurious. Whence it follows 1 if we regard onely that right , that a Thief 1·unning away ·with A:oln goods , if they cannot oth~r· wile be recover' d , rna y be overtaken wnn a Gun , or other weapon. Demoftheno * faid : It is very hard and unjuft, ~nJ contrarJ b~th to the written L~WJ' ana the common rules amonrft men, not to he (ufferd to ufe force ag'linft him, who i~ hoftile manner hath tak!n away my Good!. Nor doth Charity hinder by way of pre· Cept the Law divine and humanefera· fide, u' nlefs the thing be of v~ry !-mal.j ~a· / lue , and therefore contempttble : whtcn exception [orne do rightly adde. IX. !-low far tbe fame iJ permitted lly the Law of tJUofeJ. LEt us fee what is the meaning of t 1n.e . h cs a lo . Hebrew LlW ' -wherewlt agrc tlut 'the fec,nd that old Law of So/on , which Demo.;. fthenn * rnentioneth , and the Law of"' Ad11er[114 Ti ... T bl ,. k h d mocrattm. the x,IL a ~s ta .en t en~e ' an If- Add; pottft P iat11 s decree m the nmth of hts Laws. lex wiftt.otth•For all thoie Laws meet in this , that rum l. 1· t. I.e.· they diHinouilh a Theif by night from a If· IJ.t c~pitu- ~Thcif by d~y. About ~he reafon of .the l;~~~r;!':~; Law, the1·e ts thequefhon. Some t thmlc Lqn,obarda,qui this is it , that by night he cannot be di(- noau Alimam ccrned who comes , whether he be a corttm_ i~gretliThief or a Murderer : and therefor*e may tur' •ifi llg.n- . dum {e pr11bt11t, be killed as a Murderer. Others con- sccW pote(t. ceive the difference lyes here, that in the t Ltjfi114 dub. nioht , becaufe the Theif is unknown , 1 x. nutn. 68. th~re is lefs poffibility to recover the "' C07JatrU'lJ. d. Goods, to me the Law-giver feerns to loCI. . have properly refpeeted, neither this, nor that ; but to have meant thus rather, that no man, for Goods, ought direilly to be flain ~ (which would be done, if, for exexamp1e, I ihould with a weapon knock him down as he ruus away, that after he is fiain I might recover my Goods : ) but if my fe1f be brought into danger of Ufe , then it is I awful for me to a vert the danger , even -with the peril of another mans life. Nor is~t againH: me , that I brought my felf into that hazard , whilft I de fire to keep or to recove1· my Goods , or to take the The if : fo1· herein no blame can be laid on me, -who am about .a lawful aet; and do no injury to any one, but ufe my own right. The difference then 'twixt a Theif by day and by night ly~s · he.re, . 1. |
