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Show of WAr ••tl PeAce· a cafe , that they might be rightly ftized on by the Law of War· . XXXVII. when Mgvable Goods are by the Law of Nations judged Taken : when Lands. MOreo'\'er , in this quefiion ofWarit hath pleafed the Nations , that he may be underftood to have taken a thing, who (o deteins it , that the other hath lofr L. P1mp9niru. all probable hope of recovery , that the v. de ~tcq. rer. thing hath efcaped pur_(itance, as Pompo· dom. L._p,~l!m· nius fpeaketh in a like qudtion. And this ~.~:~t;~;~:ie. [o pro~eed-s in movable go'?ds, that they lb. l. po(t!Jm. are fatd Takfn, when they are brought ~.1" beilll· d. tit. within the bounds, that \s , the guards of l~{t. de ~er. di· the enemy. For in the fame manner a 111(. ,. JW1I tlf. t.hing is loft,as it returns by Poftliminium, ~n»aftli.R d'A.lte"m". ·'· I t returns , w he n .t t comes wH. h.11 1 th e ~.item dt «Cf· bounds of Empire,i. e. within the guards. rer, dom. And Paulus faith plainly of a man, that he is loft , when he is gone beyond our bounds : and Pomponiu.r interprets bim Tak!n in War, whom the enemies have taken out of ours , and brought within the1r own guards;for ,before he is brought into their guards he remains a Citizen. Now, in this Law of Nations, there was the fame rea [on of a man and of a thing. Whence it is eafy to be conceived , chat el(where things taken are [aid prefeotly to become the Takers, ought to be un· dedlood wich fome <;ondition ' co wit' of · · - - ~ontinuing 7/Je third P11rt. 563 continuing the poffi::ffion fo far · whence confulAt•maril it feemeth co follow,thac on the Sea iliips c. 1i;. & l.i7. and other things rna y then be ch~uo he ~o1.1fiit. G_~tliic~t k h h . d .o lzb.1o. t1t. 13· ta en , w en t ey are carne a way mto t P h H h 11r • 14. r.orn. t. e aven, or t e place where the NavylleLap. itJ Gtn. ltes : For then , the recovery feems co be- c. t 4· .Molin. gin to be paH hope. But, by the newerdi(p. uS. L. Law of Nations amono the people 0f,Eu- q~od 111 1 eo. D_. tit r. , . . r>d , acq. ve 11m1t. rope we 1ee c1s mcro uc d , that fuch pt~[s. things are fuppofed taken , when they have been in the enemies power for the fpace of four and twenty hours *. As for,. By .land.alfo Lands or Fields, they are not conceiv' d the fame !Sob· r. 1 b k r r fc:rved a1you pretent y to e ta ·en, 10 toon as they are may le~rn our fate upon. For , though it be true , that ot Thu11nus 1. that part of th.e field, which an Army II 3· in a!l. hath emred Wtth great force, is forthe lf 9 ~· VJd. ~ time poffeffed by i r, as Celfus hath noted. PAill~. ~dtnt.!Hif Y h J:C .n. ) ••• .n v • . ;. et, as to t attt~e~.~~; which we fpeak of, cverypoffeffion is not fufficient,but a firm poffeffion is requir'd. Wherefore the Romans were fo far from judoino the field which -efinnihal encamped~ ~ithout the ~ate., to be loft, that at the very fame ttme 1t was valued at the fame price it was fold before. That field th_en wjll be fup-* .. P?fed tak~n, w~ich is fo inclu?ed with Ia- tt~~:~~~":Om~ ftm~ fomfica twns , that Without over- bus. Sic. Fbc. commg them the other party can have no It tere11da. Var. acc~fs. Whence it is a v,ery probable deri- ~ ter~~t. ·Fro~vatton * of the word 7 erritory from ter- tw. 4 temnd, rifya;i na th · S X h' . Jll-re. Pomp. r- e enemtes.. o en~p on iaith,the xen.tib. d~ Vt-po ~ffion of land 1n the ttme of 'vVar is Clig(ZI. nlx• Ill· . retctned by Forts or muniment s. iph.u.rr~. 0 o z XXXVlll. |
