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Show of War And Peace XLVII. Ohjections anfwcred, A. Gain!l thefe P1·ecepts of equity and Natural Law ,are wont to be brought exceptions very un ju!l : to wit , if tal ion be exaaed , if there ll>e need of error, if there was an ob!linate rcfiA:ance. But, ~hat thefe things are not fufficient to ju· {l1fy {laughter ,he will eafil y conceive,who remembreth what we have fet down afore abou·t the ju!l cauies of killing. From J(ide Vi~. de Captives, and thofe that yield or defite\o 1ure btll1,n. ,49· yield there i$ no danoer · that therefore &6 ' b • 0 ' they may be juA:ly killed , there mufi be fome antecedent Crime, and that fuch a pne . ' as an equal judge would think worthy of death. And fo we feefometimes great feverity {}lewed to CaptileS, and thofe that have yielded; or , their yiel· ding on condition of life not accepted; if, after they were convinced of the injuHice ofthe War, they had neverthe\efs perfi· fled in arms; if they had blotted their enemies name with unfufferable difgraces; if they had violated their faith, or an.y tight of Nations , as of Embaffadors i.1f ~hey were fugitives. But, Nature admitS not talion, except againfl the fame per• fons that have offended; nor doth iduf· fic;e,that the enemies are by a fiCtion con~ ceived to be as it were one body 'as rn~y .• P · l . n~ II~. be underfiood by what is [aid above *,of the Communication of punHhments. Vie read· .191 . rtad in .Ariftider, Is it not ahfur_dto imi- D.tpaee l.•' tate_, what rou do condemn ? Plutarch · - forthis ac.cufeth the Syracu ft~m ,that they Plut. 'Timon~ flew· the wives and childre of Hic.et tU ., P' Dirmt! only for chis reaf.,n, becaufe HicetAs ha.d flJin the wife , fitter , and fon cJ Dio11, M lreover, the benefit which is hoped from terror for tre fu ture, perteins no~ to thegiving ot' a nght to kill_; but, if there is a right, it may be among the caufes for which chat right is not remitted. And, For a more obH:inate affetlion to ones own tide , if the caufe maintained is not atall difhonourable , that deferves not puni.lhment, as the Neapolitam difcourfe Lib. r. (;ltth. in ProcopJU4 :_or , if there is any punifh-ment thereof, it ought not amount to dcalh ; for an equal Judge would not fo dcter111ine. Alexander, at a certain town, when he had c;ommanded all the youth to be Oain; becaufe they made fo lharp refi-ficnce, feemed to the Indi4ns to wage war Pol}1111.1ib, 4-; after th~ manner of Robbers : and the King fearing fuch a blemilh of his Name bcgap. to ufe his vi&ory more mildly. It was better done by t~e fame ~ing , to fparethe Milejians: hecaufe he Jaw ihey " · 'litre gallant men , and f~tithful to their ""'party : which are the words of .Ar-ri, cr. Phyto Governor of 'R.!~in, ~hen, for defending the town fo Houcly , he vv~s ~ ®lllQland of Diony ftus drawn to tor• ~and death , cryed out , He was pu"! mJht a becaufe he would not break his truft |
