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Show 644 of WAr At~ti Pta&t in a Conference with the Emba[adours of Antiochm , thought it fit, the Cities of Ajia, which were of the Grecian name (which _Seleucm the AnceHor of Antiochm had taken by war, Antiochm had recover' d being lotl) fhould be freed: For; faid he , the C oltmies were not Jent into iEohs and Ionia , to he in [ervitude-smder the Kin .. r, ; but to the end t"heir Race might be mcreafd, and the mo.ft antient 1-{ation propagated through the world. There is al[o a que· ilion made of the fpace of time, whereil1 the internal obligation of refloring a thing may be extingui lhed. But this que· fiion, between Citizens of the fame Empire , is to be determined out of their Laws ( if they grant an internal right, · ' · -~ ahd do not confill onely in the external; which is to be gathered out of the words antl 'purpofe of the Laws by prudent in- . n fpeB:idn:) and, among them that are ' < .. foreiners to each other, by fole con jetlure cicero offic. :.. of derelitlwn, of VJhich eliwhere. Laflly, if the right of War be very ambiguous, •twHI be bell to follow the coun[el of A· ,. Jtrtt~d fecit ratm Szcyonim *, who partly perf waded rt• Fe-rdina11duJ the new Potfeffors to accept o£ money mem~rante rather, and yield the Poffdiions; partly Manana, l.z.jl. perf waded the former Owners to think ~· 14' . it more commodious to have a jufl: price for it,, than to recover -what they had loft. . · LVL Tht third PArt. LVI. Of Neuters in War. How they are to /Je ufcd; and, horfJ to 6th ave themfe/ves .. IT · might feem fupedluous to fpeak of them , who have nothino to do with War, feeing it is manifefi the~e is no rioht of War over rhefe: Yet bccaufe by gccafion uf the VVar, many chinos ·are wont to be done againll thefe, bo~derers efpeciall y, on pretence of neceffity , we muti ·here repeat what we have iaid afore, that Necefficy OL1olhc to be extreme that it may give a right over what be~ longs. to another man :· ~tis rcquir' d moreover, that the Owner himfelf be not in equal necefll -:y : and , where the necdlity is manifelt, no more is to be taken than the ncceffi-cy exaeteth ; that is, if the cufi:ody fuffices, the u(e of the chino is lll>t to be taken; . if the. ufe, not chtabufe : if the abufe be ne~effary , yet is die pnce of the thing to be reHored. tMofcs, when the higheH neccfficy ur· ged hun and the people., to pais throuoh the Land of the 1 d~tm .eam, firll he fai rh bc.w~uld ~:lis alo~g the high way , ancl ~tdtvert Into thetr C9rn-ficlds or Vinetrds: if he had need but of their water 'wo~ld pay a pric~ for lt. The wonhy Captams, both ~reek and Roman, have ~ne the l1ke. In .Xenophon., the qreckJ W1t~ C)earchm promife . the Per}ans to · march Cap. 17. Part.~. |
