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Show of WAr 11na PeAce and were received without any condition 1 Vide Thu~. were flain t; as the · Princes of Tometi~ nutn I. 1o._m by the Romans , the Samnites by Sui/a an.Jf8o.mre. h ..,..., d' b C r d V. . ' ~H4 Htbtrn. t e .Jvttmt za~s y £1ar, an erctl!lge• torix : yea thts was almofi: the perpetual! ~ufi:om ot the 'R.pmans u pou the Com. mandets of the enemies , whether taken .. Simile a 1 ud or yielded, to kill them on the day of tri· R(ginontm ;11 umph ... , as Cicero*, LivJ *,Tacitus* and 1111. !Nf·' many others teach us. In the iame T11ci· :ci~. f._P'trri~t~ tus, Galba comrnanded them to be deci· * Lw.L1b.~8. d l . a· h Tllcit. Annal. mate , e~ery tent 1 man adm }-to w om u. _he had gtven quarter. An Llfcint~t ha• · ving accepted Aventic yielding to him, put to death Julius Alpinui one of the Princes, as the raifer of the Vvar, the refi he referved for the mercy , or the cruelty of VitclliuJ• X X X. That right ill rcferd to other caufes. _It rcacheth alfo to hoftagcs. ,. cbalcocondy· H i!torians '* are Wont (omecimes t~ l• l:b. 8. • refer the caufe of killing enemies, captives c[pecially or [uppliants, eitherco tali?n , or to pertinacy m rdifHng ~ but thele caufes , as we have eliwhere dillin· t 0 . d s· guilheg, are rather (uafory than juflifirt !ltq~0111~~·ig~~~ For a jufl: tali on t and properly fo called tabant ipfir rt· luu tdofli , cum bellant~m par fit fortuna , alttr~tril , jJ malt rem :efFIJeTJt id expeClandum quod ip.fi •n vUli4 flatNi/foni. Apud eundem Philomelus Dux Phocenfium: Pari pre11a cxafEa t{fi&it ut hoffts ~ [uperbo & in{oltuti {Nppluio tti1JptrArlnt. Vi~e eundem o·iod. ~t SpcndiQ Sc Amilc. i~t exc, Peiref. lS is to be cxercif-=d upon the fame perfon that offendeth , as may be underfiood by what we have [aid above, of communication of Punilhment. Buc on the contrary , from war , for the rnofi: part, that which is called calion , redounds to the evU of thoie , who had no hand in that which is accufed. And as to a pertinacious atfe6tion to one fide, no man judges that worthy of punilhment , as the Nea- 543 politans in Procopim .. anfwer Beli{ariHJ: * Procop. t . which is then mofi: true, when that fide is Gotch. either affigned by nature, or choten upon good ground. Yea, fo far is this from be-inga crime,that it is a crime to quit a Car-p lJh 1 1 & 6 rilon, e[peciall y by the old military 1(g.. D • • ' • ''""Law, which here admitted not light-ly any excufe of fear or danger. To depart Lii. '+ Jr~m" Garrifon , faith Livy , is capital. Wherefore every one as he p\eafeth,makes ufe of that highefi: ngour for h\s own Jn-tereft; and that rigour is defended among men by that right of Nations , of which wenow fpeak. The fame right hath been Plutarch. de alfo ufed againH Hofi:ages , nor againfi: cluil mid. them only who had obliged themidves, tsby agreement, but againfi: them too , that were deliverd by others. Two hun-dred and fifty were once flain by the Thtff•lians ~ by the Rom11m three hun-dred of the 'Volfci. We mull note , that Children al[o were wont to be giyen for DiD»_Yf. J.d. , Hoi\ages, as by the Parthi11ns; which we ; 11" 1• An. 1• reach-vas alfo done by Simon on~ of the 1 1 "!a(fMI. l3• ;,!Mca6us |
