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Show of W•r •ntl ltAtl of Mailers t.:>~ard fervile perfons is ~npu· nifhed , unlcis fo far as the Civil Law fets a. meafure an~ a penalty for cruelty, L, 1. D. Jt hit We may ob[crve,f:uth Cmru ,that Majfm, iJUi [ui pmt Jll~ among ali NatiiJm equally, have haa pow. ru:In~lt.~thll er of life and death o~~er their fervant1, IDJUoinjUaIc. .adTer, Tl.1 1en h e a dd ct h, t ha t 1l' tn.t ts were appom. · And.A. x. S. 1. ted to this power by the 1<f!man Law , to .§(uidno~ ju~ wit , on Roman ground. Moreover, all ~~~m dommo 111 things which are taken with the perfons JtTVUTJI? are acqU.i r 'd to t he Ma fnl.e r. Th e i.e rvarit ln{tit. ptr qu;u hi~'nfelf, Vl!h_o is in tbe power of.anotber_, ptrfon. 1· item fatth Juftzman , can have nothmo as h1s · vob. own. ' Whence is refelled , or at l~afi re· firained , their opinion , who fay incor· poral things are not acquired by the Law of War. For,"it is true , they arenotpri· marily and by themfelves acquired,but b~ means of the perfon whofe they were. Yet here are to be excepted thofe things which flow from a fingular propriety of the perfon, and therefore are unalienable, as the right pa ternaJ. For thefe , if they can remam , remain in the perion; if not, rhey arc · extingui!hed. Now, all thefe things were introduc'd by the LawofNa· tions ' for no other caulc ' but that the Takers tempted by [o many commodities might willingly abftein Horn that extreme L. fupillt":· D, r:gour,whcreby they might kill chofe they de V:S· ~:dtie& had taken, both at the inltanc, and after· Servmm a ~· d l · .d ·r ~h }11 ,/fn.Tibiori~i- war ,:tswe ,_Javelat a~ore.1.eaprna· mm vociJ fal- tit.in of .f:r'onnts , faith PomroniuJ, u de. tcm e.rplicAt. n-:.,cd hnce, t/.1at [cmmanders are ttccl!· , ~onl(d frorned to fell C~tptives, AtJd fo preferve an4 nfJt kjllthtm . I raid, that they might willingly abltem :for here is nothing hke a Covenant whereby they may be (ompeld to abita in, if you look upon this Law of Nations, but a manner of. perf wading from confideration of that which is more profitable. And for the fame caufe, this right 1s alJo tra.nfcribed to others, jufi: as the dominion of things. The reafon why this dominion was extended to the Children, is, l?ecaufe otherwife, if the Takers thould ufe their h1gheft right , they would not be born. Whereto is Confequent , that ~he Children born before that calamity, un\efs they be taken too, become not fervants. And , the reafon why. it plcafd the N.Hions , that . the Children lhould be of their Mothers condttion , is, becaufe fervile copulattons were neither regulated by Law nor by certain cufiody , fo that no fufficient preii.tmption could lhew the Father. So is that of Ul-pian to be underftood, The Law of Na- L. l.ex Natur#. 'tim u thu,that he which u born without D.dtflatu hom. /awful/ 0'vfatrimony , fho"ld follow the Caius-JC. lib. M~ther. Thatis, The Law of general 2-: rerum quocullom drawn from fome natural reatoh , t Jdlan. Ittf!J h lr h I\.. d h h qu£ ex hofhb. as we ave e 1 w ~re 1uewe t at t e capitmtrtr jtere word Natural Law 1s taken. Now , that genti1tm {latifll thefe rights were not in vain introduced cttpienti~m (i11nt by the Nations , may be underltood by ttdto f111'd~m u~ l fc. .1 W h . c h bbm bommes m examp e o tV I ars ; w eretn., ror t e (tr1.1ituttm de-moll part, we fee thofe that are taken d:mmcr~r. illlil ) |