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Show • At the Q• kingofNt!f Cafiha~C !n SpJU1. I :;. . of wa,. ~.,fA 1~411 ' him who ooes before all, or him whom no man ooes before. Bu~ becaufe the rewards of ve~tues are favourable , it is the ~ruer anfwer, that Bo~h ~oncur to the. reward:· th~gh '* Scipio, {ctfar, Jultan, dealt more liberally , and gave full rewq.rds to ~ them that afcended the walls together; LXIII. How far States ttre accott:ztab!t for damages done by their S~bj e&s. Kings and Magi!hats are refp.onfible for their negle&, who do not ufe the remedies , which they can and o.ught, for the reihaint of robbery and p1racy : upon which fcore the Scyriam were an· tiently condemnd by the Amphy&ioneJ. 1 remember a quefHon was propos' d upon the faCt, when the Rulers of our Country had, by their letters, given very !llany power of taking prizes from the enemy at Sea a:nd feme of them had fpoyled our friedds, and their coumrey beingforfaken wandred about ' ~nd would not replrn when they were recalled ; whether. the Rulers were faulty up~n that acc?unt' either becaufe they ·uied the fervJc( of naughty men ,or becaufe they had .no: r~· quired of them caution. I gave my 0P101' on, that they were bound no farthe:,than to punifu , or yi!!l<l the offender~ 1f tt?c"\ c.ou1d be foWJd • a·pd to take cat·e ' t h ·leoa' reparation' might be made O~ oft e ·o Q·~:::o~ d:4 s of the Robbc,.s. Fo r, t he y Yfe.~r ·~,. nhot ~ · ~ · t e the caufe of the unjufi fpoil that was made , nor were partakers of it in a 1y wife : yea , they forbad, by their Laws , any hurt to be done their friends. T at they fhould require caution , they ~er~ obliged by po Law , i~eing they znjgllt. 1 , / even witqput Je~tcrs~give all tpeir f4blcC'Fs power to ipoil the enemy: which was alio don7of olp. Nor was fuch a pr::rmif-: lion any caufe, why da1nage W<}S q~:m-e fq their friends , when evep private m$11 might without fuch perqliffion icnd fo.rth .lhips of Wlr. Moreover, 1t couLd not be foreteen, -vvherher they '{Vould proye evii1 men : and belides, it cannot be ~ vqided, ' but we mull imploy fuch , orherwife pq 1, .• Army c~n be raifed~ Neither are Kmgs ~v .• be accu!ed, if their loldiers, eitper by l~nd or fea, wrong their confederates contrary · /l G ll' t~ rhei: command , as appears by the te- ~:,:1. eft.~ fi1monies of France and England. Novy, con(iitutione · that any one,, without any fault ofhisA,nii.f8J .. cap. own , fhould be engaged by the fact of 44· 111de e!'"~ his MiniHers, is not a point of the Law t~moeonfl~t. 3· ~ f N at.l ~ns ( by w h'1 c h f h"t s controvenr_y tilit..7I1..t4oJn·P "•t'.Il·ll f-ts to be JUdged) but of the Civil Law,nor 44· this general, but introduc'd upon pecu-l: ar reafop~ againfi feafaring men at:td fome ochers. And on this fide , fentence wa,.s giv~n, by the J LJdges of the fupreme Au<htory, againfi certain Pomera!J~ani, and . t.hat after the example of things iud-ged., m a c~fe nat unlike, two Age.s be-fore. .. T z LXIV. |