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Show (){ W4; dbti Pt4&t I ttp the qatls: and afterward they demanded Annibal: and Ingurtha of Eocchus, in thefe words in Sal/uft; So Jhalt thou at once free us from the fad neceflltJ of pr~Jecuting thee for thy error, and htm.for h'u villany. By the Romans themfelves were oiven up thoie that had done violence to ~he Carthaginian Embaffadors, and tho{e that had done the like to the Embaifa. dors of the Apol!oniat£ •. The eAchaiam . tequired of the Lacedttmonians, that they iliould be yielded, who had aff~lted Lan· vic ,adding, except they were ytelded, the D~odor.l. ~~. League feemed to be violate. So the .Athe· Val. Max.I. 6. ni1ns by their Herald proclamed , tf any c. i; one had lyen in wait for Philtp, and had . Sed to Athens, he was to be yielded up. '., The Breotions exaCted of the Htppotenfn, that they fhould be yielded up that had killed PhoctH, AU which examples yet, are fo to be underfl:ood, that the people or King be not firiCl:l y bound to ?eliv~r up the party , but , as we hav~ fat~, etther to deli'\'er him up, or to pumfh htm. For' fo we read the Eleans to have waged war upon the Laced£monilms , becaufe they did not hind to them that had done the &leans inj~ry :- that is , the~ did neithe~ runifh, nor deliver up the PU!I:y perfons~ for , it is a dis junCl:ive obllgatwn. Som~ tithes', (;:boice t is left to them , for their better fadsfaction; that demand the of· fenders. C V I I I. whether the perj~ns riel· ded up , and not receiv' d , remain Cittz..em, p. Muti.H.s Sc£vola: s bP.ihion was f~r L ulr. D. de the ne~attve : becauf~ , whom the peo 7 lcgat. ple had gtven up,they feeined to have e.x:. pell'd _him o~t oftheirCiry,as when they InterdiCted him fire and water. Brutus is for the affirmative, and CicerfJ after him: which opinion is the truer ' yet not pto-pe. rly for that Argument which {icero L. I, & s. de. bnngs, becaufe-, as donation fo dedition Orar. Top .. & ~. anne t be un de r ft oo d W· ·i t ho u,t acceptt.o n pro A. C~cm•- F~r, the aCt of donation hath not perfe~ na. cbon,but by confent of two parties : but tode~iver up, of which we fpeak here,is nothmg ds but to pertnit a Citizen· to be u~der ~he power of another people; to do wtth hun what . they pleafe. Now, this permi.ffion, .neither gives, nor takes a way a?y nght; tt on1~ takes away the impc-dtment of executton. Wherefore , jf the other people ufe not the rioht oranted He who is given up will be ir~ thft condi~ion· that he ~ay be punHht by his ovvn p~o-ple ( wluch was dqne ~pon C/oJius yiel- Val. 1. ~. c, 3•· ' C c 3 ded |
