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Show of WAr 41id Iedet ~ Civil liberty; walls, ~nd other things, the : ulars who are mnocent do alio bear tpha rtileo fs • but in that t h'm g , wh 1' c h pe·r. te~edn~t to them but by the ~h~le. Se- . nd/11 . we mull note ~ [orne ev1l1s fome. co / ' {' d .. times impofd upon one , ~r 1ome goo IS taken away , by occajion mdeed of forne fault, yet not fo that the fault is the irn: mediate caufe of that atlion' as to the right of doing. So he , who by occafion . of anothers debt hath engaged himf~lf, •s~ondc>nox· fuffers evil * ; but the im~ediate caufe of a przfto eft. his obligation is hi~ prom1fe. For '.as he who is become furety for a Buyer, 1s not properly bound by the ba1.1~ain, but by his promife: fo alfo he who 1s bou~d for a .delinquent, is not held b~ the delmquen· cy , but by his engagement. And .hence it is , that the evil to be born by h1m re· ceives its meafure , not from the fault. of the other , but from the power wh1ch himfelf had in . promiling. C?nfequent whereunto is thij , tnat ( accordmg to the opinion which we believe to be· the truer) 110 man can, by his becomi~g furety, lofe his· life : becaufe we determme ; No man hath fu·ch right over his own life, tha.t h~ can take it from· himfelf ' or engage Itt be taken away by another: though the an· tient'l\gmans and qreek:! were of another .. • • ' . mind in this matter:and therefor~ th~ught bi~h! :!~d~n fureties were bound* ov.er to capltal Judg· otRuben-to . · nos vadet J2cob, Gen. 42.· ~1· tnd i~ Jofcphus, 2.. A~uq •• 'i t:~ S•r.IT¥.' .:,,"'~"' anillllt 'lli,~·ios 'Oti"C E.Mtrop'114 CRiif.Ulth l' morlil ~norti4 fponforts Dio~orm .sicu/m it~ exurp. . Chryfoft. at: Gal. 2.. Sicut hom1ne ~ltqNo ad morttm damnattl, Jnnscens alttr pro iilo [e morti dtvovens iUum {lepplicio libtrat. Auguftin. epift. r 4• ad Macedonium : a~ aliquandl) IJII~ c~ufa/ilit. "!ortis po~ius in culpa eft, quAITJ ilte qui occid;t. Vcltlt fi qui[pwn dectplllt jideJufTorem [uum, atq; ille pro i~o legitii(Jum fupplicillltJ luat • ment, (as it is in a verfe of A ufoniuJ, arid appears by the famous hill:ory of D~mon and PJthias;) and alfo often putHo!hges to deach,as we will relate elfwhere.What we have faid of life, ought to be underflood of m€mbers too ; for , a mari hath not ripht over .rhein, but for prefervacion of the body. Now, if exile, ifbfs of rno· ney were in the prornife , and by the o~ thers fault the forfeiture was made , the furety £hall bear the lofs, which yet in him, to fpeak exaetly, will not be a pu· nifhment. The like is alfo in that right which one hath depending upon the will of another , as the right of that which is precarious , refpett being had to the dominion of the things; and the right of private men ,-refpect being had to the eminent dominion , which the Commonwealth hath for the publick good. For, lf fome fuch be taken from one by occafion of anothers fault , punilhmentis not properly therein , but execution of an antecedent right in the Taker. So, ,becaufe Beafls a).'e not properly guilty of a fault, when a beafi is put to death (as in the Law* of c..Jitto{es , for copulation with • D! lJM~ vida man ) t ha ~ t.s not tr~ I~ punt·· fb rn~nt , bu t Jd'.iir1e1f1l1g/yJot mddNtmb i-rhe ufe of mans domtmon over tne beaft. tAntillm 3 • 4o. CXIII. , |