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Show PUf. dt jure belli. n. 4 J. l.i6. r. tJ(.' W4r ll1Jr1 Pt~ct Plttgues, Famine, RHines, Storm ,or Fight J. have fent · So many. to their grave: not Punifh· ment. (afting of ~ot s was ordained , faith Cicero, th4t too. many might not be. pu. nifh_ed. Salluft to Cefar: No man exborteth you to crueJ punifhments ~ or bitter fentences, .whereby a City iJ rat her wafted than reformtd. ,A$ co Hufl:ag ~ s,what is \O be determined out of the La.w of NAtur~ may be feen above. Of ole\, when it was commonly believed,that every one had as much power·over his own lifeasoverother things within his propriety; and that that power, by confent either tacit or exprefs, was devolved from every particular perfon upon the Commonwealth; it is the · leis to be admir' d , if we re~d , f{oftage• ( though in themfelves innoxious) were put to death for the offenfe of the Commonwealth, ei~her as by their own peculiar, or as by the publick confenr, where. in their bwn was included alfo. But after that the mJre true and perfeCt Wifedom hath taught us , that Dominion over life i' excepted by God , it follows , that by confem alone no man can give to any, power and right over the life eith~r of himf~lf, or of his Cit-ize.n. And·tre11efore i~ feem'd atrocity to N~tr(es a good Ge• :neral . co take punilhment of innoxious Holtages, as .Agathias tells us: (and o· ther ther Authors fay the like of dthers :) eYen by Sctpio's examp\e , who fatd he would not fhew his dii'pleafure upon harmlefs Hoflages t, but upon thofe chat had re-t Livius, lib. Tolted : and , that he would not take re- z.8. The fame venae of the unarmed , but of the armed fa.th Jul1an, in cnc~y. Now , that among the later Niccras.l. z.. Lawyers fome of great name, tay fuch a- J>dtrmh. ari. oreements are of force , if they be con- q. 1• grm'd by cufl:om, I admit it, if by right they mean impunity only , which in this argument often comes under that appel-lation : But , if they {uppofe them free from fin, who by agreemeni:'·alone take away any ones life , I fear they are de-ceiv" d themfelves , and by their perilous authority deceive othe1·s. Clearly, if he that comes an Hoflage, be, or were be-fore , in the number of grievous delin-quents; or, if afterward he hath broke his fatth given by him in a great matter ; pof-bly, the puhifhment may be free from in- · jury. But Ciodia , who came not an Ho- *Compare ilage of her own accord * , but by Order the ftory of of the City, when fhe had paffed Tyber Hoftages re• and efcaped, was not only fafe. but prai- {ufin~ that d fed f~r her_ Vertu~ by ~he ~lru fcian King, p~~i~~f:r~c, as L1v1 * ipeaks m thts Htfl:ory .We mufl: in N1cctas,b. here add this , all· combates which are of~ L1v.lib. 1., noufe .toobtem right~ or end the War t.Ide{l,utGrll-bu 11 • f ' tJioquuntur t have meer on:entatwn o fl:rength pro- . 'It~" ptti~' pofed to them*, are contrary , both to the :.~:,; 'f11Pjr "". office of a Chrillian man , and to Huma- A•~o~hr d.;oir•. Dity it felf. Therefore ;Rulers ought feri- Arr. r. · oufly |
