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Show ... XXVII. T~e effetls of folemn War gene .. - r~!'J conjider·d are referrd to the later J~nfe of law.ful, in reJpeEt of iinpun_ ity : And; why [uch ef-feFls were introduced. Teftimonies. I N this fenfe the? , it i~ lawful for aa . Enemy to hurt hts l!nemy, both in his perfon , and iri his Goods : that is not only for him who up~n a' jufi: caure' wa. geth war ~ anq who hurteth within that meafure, which wo haveiaid to be naturally gran~ep , in the beginning of this bo~k ; but lawful on both fides and without diflinction: So that , for that caule, he can neither be punit11t,beino perchance deprchended in another tenit~ry , as an homicide, or theef; not can War be made againfi h:m by another , upon that ;i,. Sallul: Cui count. Thus we reaq in Sallu(f :. T~ 1Vhom ·~nia i?J vi_Cl~- atl things in victory_ were. lawful hy the. ua ltgq btlll ll· Law of Wtw. The caufe , why it pleafed ermllt~~. the Nations to have · it fo was this · It had 1 been dangerous for other Nation~ to take upon them to pronounce ami deter· mine about the Right of War between two Nations : for, ~ by that im~ans , they would be en gaged in the War of others; as the t.M~tjfilians G1id 1n the caufe of Ce[ar 3.nd Pompey, That it 'was aho?Je their Judgment , and ahove, their po1ver, to di(~ urn whethtr fide had the jufter caHfe. Moreover, Moreover , even in a jufl: War, it can hardly be known by external marks, what is the juH meafure of felf-defenfe , of recovering ones own, or of exaCting punilhments; fo that, it is much better, to leave thefe things to be examined by the· * Conlcience of thofe t?at \Var, than tore- t Acbzi in~ duce them under the Judgment of otherst. rar, ad Scna .. Befides this effe6t of ltcence , that i~, of tum apud Liimpunity, there is another alio,to wit, efvium,lib. 39· dominion , concerning w h!ch we fl:ull ~=~aj::;:~i f~eak her~after. As to that ltcence ofhur- aaa [unt, in ung, w htch we have now begun to han- dif'!PtatitJntlll dle,it excendeth flrH to Perfons: of whicl'\ vtrJJfmt? licence many Tefi:nnonies are extant in E · I ~ d A h I . l. b f unp. one. goo ut ors. t \S a Gree,prover out o lt9'9•.:it :. .. , "" a'fragedy o~ £uripede.r,That the blood of an ,.,,.c.cl•d, .c, · enun7leaves no ftain. Therefore,by the old xll&,. · cullom of the Greek.! , it was not lawfull to bathe , to drink, to lacrifice m\,lch lefs, in their company, who had flain a man out of the time .of w~r ; but in theirs that had done fo in war, it was lawfull. And commonly, to kjll, is calld the right of War. MarcellUJ in Livy; Wha1[oever ex- Lib. "'· ICIItion I have done upon the enemy , the . right of War defends. In the fame hi!lo- ~,b. ~t. rian eAJcon faith to the Sat.unttne.r , I tbinft it hetter for you to fujfer the[e things , than )'OUr hoJ.ies to be jlai.n, your 'Wi'lJtS and children to be dragd· and ravi(ht ~tfort your ere I~ !Jy. the right of War. The fame dfwhere, vvhen he had related how tht tAftAf.rn[es were put to the [word , Lib. 11. addeth, |
