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Show Of War 11nd_ Peace here, that by night there !s Ycarcc any poffibility of c~llin g witnefic.s: an,d· thtrfore if the Thetf be found flaJb,, rnorc eafy cretiit is giVeh·to him, who i~li :h hec • -: 1 .1 .· / was lltceffi.tated it~ . dcf~nfe of his 0~11 - · · ~ life to kill the !lic1f , bcmg armed Wtth 0 : ~ I tome weapon 'wherewith he might do ..r : • hurt. for , that is required in the He· ~ftfl. ~1. ~. brew Law, [peaking of a Theif fottnd "Cu.r:n per.fbf. breaking up, ns fome tran{htc ; others forio ihftm· perhaps better , ,. with an inftrtttvo;t to anchto. break_ up , as the wor~ is tcndred clt'whcre by the molt learne,d of the Hebmvs. To this interpretation we are led Gy the Law of the XII. Tables, which fo;·bidsa Theif by day to be' ilain , thi: exception I added, unlefs he defend bimfelf with a ~ weapon. Therefore , againH: a Thcifby niobe it is prefumed, that w'ith a weap9n . hetldefendcd himfe1f. And , by a vveapon L.P P).tno;·t is undcrflood a f word a club, a Hone, ~s Self. Jut·em. D. ~ 't.. · T,. B ·t de f11rtu. Caim notcth upon tll:s very ~w .. ~. Ulpian hath dec lared, that what JS f.11d ot the Theifby night, If one kJl him he 0al go unpunifhcd, is to ~e con~ci~cd t~ have place, if he could not 1 pare ~11s _lt~c WJtho~t petil of his own , to wit , ll1 Ia vmg .ofhts oobds. ifhcrc is then , as 1 bvc latd' a ~d.{;,;::~;r~· prefumption on his fide wh~ hath flaina de F'""· theifby night:but if haply Wltncffcs were prefent, by whom it is evidcn~, the flaycr of the theif was not brought int? dan?cr of his 'life , then will that prdut~pttOI: ceaie,. and fo the Oaycr wi ll be gu~~~~ ot Hom:cwcl. Homicide. Add, that as well by day as· by niaht the Law of the XII. Tables iequir' d,that he that found the theif fhould tdlify fo much by an out·cry( as we learn L. Itaque. D.' out of Caim) to the end, if it might be , ad legem Aqui-. the officers or neighbours might run thi- li.am. ther to brin~ heJ p , add to bear wi~uefs. Now bec:tufe fuch a concourfe is mote eafily made by day than by night , ( ag Ulpian notes upon the forecited place of 7J~mofthenes) therefore is more eafy cre- ~it given to him , that affirms, he ~as i?- danaer in the night time. In like rnann~t, the 0 Hebrew Law all owes a maid crtdit . concerning a rape in the field t, and ~not t1~hil_? tx· . h b r. 1 fL • 1 nd p ams 1t we 11 : fm t e town , ecau1c 1cre me m1g 1t a that tht placeil ought to have cryed out , an9 called aid~ {tt fo;· more freMoreover , although in other refpetls quent e:xam;te. there were no difference, yet this is con- [a~e, not thAt fiderable, that the thlnes that happen in thheerc~yt~lw?:, • v • t co11 1 over;y the n1ght are more obfcute , and cannot mgy be determi-be [o well known what and how great neti. Forit "'IIJ they are; a.nd therefore are more. terrible. com~ tQ pa[s, ~ The Law ther"fore , both Hebrew and h~ difcomfcs zn 'R.Jmatt, gave m. pt.e cept tot he }Yebp Ie , hczias tb oLoakw osf f pteh-at that which Charity periwades 5 that they a maidm;y be kill no man for th1s reafon on ely becaofe ravijhcd in aci· he fiealeth goods, but in cafe he that de- ty .' her mo11tb fires to ia ve them comes hirnfelf into ~emg flopt' 11nd da nger. Mofes _!W' a.t mom.d es hath noted. , mm the fletdJJne. 41 con(lnt ff. that the killing of ano,rher is not permit- the alf. ted to any man on other t'enns , than to preferve that which is irrcparab!e, as life and Chafihy. |
