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Show of WAr 4nd PeAce defenfe of fuch deeds , which we read in Plutarch, of the late revenge of God. For the right of God is one thing , and the rioht of men another, as we flull fuew p~e(ently. Neither, if it be jufl: that children ihould receive honours and rewards for their Fatheri gooddceds,is it therefore juH: that they J.hould be puni fh t for their evil. For, fuch is the matter of a benefit, that it may be without in jury conferr' d on any; not fo, of punifhment. CXII. Whether the punifhment may pafl without Communication of the fault. TwodiftinCfi-ons here needfull. ' WE have fpoken of the ways whereby 'ommunity of punilh· ' mem happens from <;ommunity offault. It remams that we fee, whether, the fault b~ing not communicated , the punifhment may. For the right underihndmo whereof, and that things really · difl:in&~may not be confounded by likenefs of WOrds ) We mull 110te ) firjl- 1 that the lofs dire&ly given,and hy confeq~ence, are co be diflinouifhed. Diretl:ly g1ven I call that , whe~by fomewh::~ tis taken away from one,to which he hath a prop~r right; By confequence, that, whereby It comes to pafs that one hath not, ~hat otherwif" e he fhould have had : to wtt, the condition ceafino without which he had ~ n~ 311 not right. An example is in Ulpian : If I L. FJumina have opened a Well in mJ grouod, whereby feet. ~lt. do it hath happenui that the veins coming to dam. mf. JOH are cut off: He faith, my work hath not done damage to you, .. in that wherein I have ufed my own right. And elfwhere he faith, there is much difference 'twixt bearing damage , and being depriv• d of the gain which hitherto one hath recei.• ved. And Paulm the Lawyer faith* ·:,.. Pr~ep#flm~• It is prepofterous to he [aid mafter s of ri .. effi, llltt riDS ches, heforewe have gotten them. S.o, the loc4plms dici.~ parents goods being confifcate , the cnil- tj~4m acgui;pldren truly feel the incommodity, but it is r~mJUD. L. par 1 e· not proper 1y pum·u "--1mem· ; be caUrie t h0 1re fFlaa lc. • a • goods were not to be theirs , unlefs pre-ierved by the parents to their lafl breath. Which is rightly noted by ffilphe~am ~ when he faith, By the Fathers puni.l.h-ment , the children lofe that which fhould defcepd from him to them ; but thofe thing-s remain entire, which were given, not By the Father, but b!Y nature, or fame other way. So Cicero writeth, Lib.'-· epHL' that the children of Themiftocle.r were in 11. &: .,. want~ nor thinks he it unjufl: ; that the children of Lepidm fhouJd· bear the fame calamity. And that, he faith, is old, and of all Cities. To wh1ch cullom yet, the later Romav Laws added much tempera- L. cum ratio~ rnent. So, when by the fault of the rna- D. de bonis .. jor part, :which, as we have faid, fu• dam. • fleins the_perfon of the whole, the whole is in the fault t and for t~e fatl'!e lofe~~ ' · Civil |