Selected quad for the lemma: enemy_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
enemy_n	army_n	pass_v	send_v	1,077	5	4.9595	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A96725	The law of laws: or, The excellency of the civil lavv, above all humane lavvs whatsoever. Shewing of how great use and necessity the civil law is to this nation. / By Ro: Wiseman, Dr of the civil law.	Wiseman, Robert, Sir, 1613-1684.	1657 (1657)	Wing W3113; Thomason E889_3	165,799	209

last Will Succession or by Marriage community or property of the Sea and the rights of Fishing and trading there freedome from Customes and other immunities granted to forreign Merchants Precedency amongst the Embassadours of Princes and Republicks Promises of protection and aide against enemies Entertainment and harbouring of Traytors or Rebels Interpretation of publick Leagues or National Contracts Not admitting of Embassadours or detaining them or using them in any uncivil manner Making of War or contracting of Peace Sending supplies to our enemies or oppressing our friends and confederates Imbargo's seizing upon our Merchants goods at land or stopping our ships or goods at Sea The arbitrating of differences between Nation and Nation frequently referred to Princes or other States Of the force of National Contracts and of their duration whether they shall bind successours or die with the Princes that made them Latitude of Territory and jurisdiction either upon Sea or Land These and such like are the transactions and matters that may be frequently agitated dealt in between us and other Nations wherein before we fall to an open War we chuse to reason and expostulate the matter with them sometimes we think it necessary to remonstrate the right of our cause to other Nations sometimes to declare the state of the business to our own people Neither of which can be done effectually and with advantage nor shall we be able to hold any such argument convincingly if we have not the perfect knowledg of the Law of Nations and the learning of the Civil Law which to be sure is the onely kind of Reason that other Nations knowing no other Common Law or Rule besides it for such matters will encounter us withall And since we have such great need at this time of Armies by Land and Navies by Sea to defend us from factions at home and enemies abroad I would put it to those of the Military order to consider how not onely usefull but necessary that profession is for carrying on of Military business also as well by sea as by land that all the military discipline good government that they have in their Armies and the right which they are enjoyned to afford to their very enemies is directed by the rules and principles of that profession for it must be acknowledged that the Municipal Law as to the carrying on of Martial affairs is altogether impertinent and of no use at all the same being a Law useful but in peace onely But there are peculiar Laws and a proper discipline for the state of War Sunt belli sicut pacis jura and they are accommodated to the very nature and exigencies of it some of which are That there be solemn denouncing of the war intended that all dissenters may withdraw in time and to divert other Nations from adhering That it be prosecuted by just and honourable ways without treachery corruption breach of faith poyson or secret assassination which the gallant Romans did disdaine to act though for never so great a victory That all articles and capitulations made be strictly kept and observed even towards Turkes Pagans Jews or Infidels That they be interpreted in the plainest and most equitable sense without any art or subtilty at all That an enemy after he has yielded himself be not kill'd but kept alive for exchange or ransome That what is gotten from the enemy is good and lawful purchase though it was newly taken from some of our own people or confederates so that it were but once brought safe into the enemies Quarters That the enemies countrey when it offers to yield be not laid waste burnt or destroyed That when a Town is to be stormed women children aged Ecclesiastical persons so far as is possible may be spared That it be free to friends or confederates to trade with the enemy so they carry neither victuals money armes or ammunition That the Countrey through which the Army passes no offence being given be not injured but kept from spoyl and rapine That Heraulds or messengers sent from the enemy be received and dismissed with safety That strictness and severity of discipline greater then in peace be maintained within the Camp the valiant advanced to honours and admitted to partake in the spoyl which he did help to get the cowardly disgraced the disobedient rigorously chastised the incorrigable cashiered and the aged and worn out souldier be dismissed to ease with reward and honour That a difference of degrees be observed and a subordination made as the places of command differ That for Military offences or contracts and promises made between souldier and souldier the conisance thereof be in the Court Marshall and to be tried by the Law of Armes onely That Hostages be taken and kept and may be put to death if the enemy prove perfidious That neither friends goods coming in an enemies bottome nor a friends ship though carrying enemies goods in her be taken as prize That when a victory is gotten the enemy subdued be used with all clemency and moderation That Priviledges be granted to souldiers beyond other men with an infinite number more which are no where to be found collected and laid together but in the books and writings of the Civil Law which is the onely proper learning to teach and instruct in those matters For it has been the Civilians work to draw together as it were into one body and Systeme all that the Civil Law it self does afford and whatsoever else can be gathered from the testimonies of the ancient Philosophers Historians Poets and Orators in what they are all as it were by the light of nature consenting in one and the same judgment also what has been delivered by the ancient Fathers and most approved Canons of the Church on that subject and especially to bring into argument what has been constantly upon the same occurrences in war judg'd and practised by the most War-like and Heroick Nations that have been as the Graecians Assyrians Medes Persians Lacedaemonians Carthaginians but especially the Romans with whom for experience discipline in War and justice and bravery towards their enemies no Nation that ever acted on this great Theatre of the World is to be compared And so by these helps the Laws of War in use at this day have been made and perfected only through the Civilians pains and industry neither are they to be met with any where together but in their books and writings And therefore since this profession is so useful and necessary for the souldiers business also that they cannot promise to themselves any good order wise conduct or happy success with their Martial enterprizes but by that light and direction which it affords it is evident that it could never be worse spared or discountenanced then now at this time Which I humbly leave to be further thought of by the wisdome of those that rule over us And so desiring thee to excuse me this once for appearing thus in publick being upon so pressing

by Pomponius himself in his large Narrative of the beginning and progress of the Civil Law p l. 2. Dig. De orig jur and as much by Justinian himself q Parag. 10. Inst de ju nat gent. civ And hence it is that every where throughout the Body of the Civil Law frequent and common mention is made of the Laws of the 12 Tables and several of them entirely recited and some of them confirmed and enlarged others quite taken away some of them diminished onely as to some circumstances others interpreted as being very obscure and doubtful some declared in what cases they shall be of force and in what not and others stretch'd to other cases not provided for in express words but in presumption thereby intended because so much alike to them that were expressed It was a Law of the 12 Tables Vt si quis hostem concitasset civemve hosti tradidisset capite poenas lueret r Part. 2. ca. ● that is if any shall stir up an enemy or betray to the enemy any subject he shall be punished with death The same Law is cited in l. 3. Dig. Ad l. Jul. Majest where and in other Laws of that Title it is declared it shall be high treason for any man to contrive any mischief against the State either in raising tumults or levying war against the supreme power of it or even against the enemies of it without commission or in holding correspondence with the enemy or sending any manner of aid unto them or in helping to bring them into the Territories of the Common-wealth or to betray the army or any part thereof or any place of strength into the enemies hand or indeed to surrender it cowardly without fighting when it may be kept or to plot how publick hostages may escape or for a General to leave the army without leave obtained or not to give up his charge to him that by publick appointment is to succeed him after the State has once discharged him The punishment whereof is not onely capital but the memory and name of the offender is to be remembred no more his goods are confiscated and not to go to his own children s Li 5. Co. ad l. Iul. Majest parag 1. Again by the Law of the 12 Tables it was provided first that the custody of such as were mad and the managing of their estate should be in the hands of the next heir male Also if any one come to be a prodigal or spend-thrift the Magistrate first examining the matter should forbid him the ordering of his own estate and the administration thereof should be in the next heir male t Part. 3. ca. 5 6. The last of which laws may be found single in l. 1. Dig. De curator furios and both of them joyned together Inst De curator parag 3. Where the care of the Law in providing governours for those that are not able to help themselves nor follow their affairs is extended to Idiots to persons that are deaf and dumb and to such as labour under such an incurable disease as is never like to leave them and renders them unfit to attend their business as well as to mad men prodigals declaring him to be a prodigal Qui neque tempus neque finem expensarum habet sed bona sua dilacerando dissipando profundit who wastes without regard either of time or measure a mad man qui rabie quadam animi agitur who is in a violeut fury an idiot qui sine tumultu ac clamoribus desipit who is void of understanding but never rages And further the Law proceedeth in avoiding and disanulling all contracts negotiations and dealings which such persons shall have made for themselves after Guardians are once assigned them yet with this difference that a Prodigal or such as have common reason though otherwise very impotent and needing a curator may contract to advantage themselves though not to their loss and hinderance But such as want capacitie and understanding can do no good for themselves u L. 6. Dig. De verb. oblig l. 5. Dig-dereg jur And although the Law of the 12 Tables seems to bestow upon the Guardian of such disabled persons absolute power over their estates yet the Civil Law will have that understood to reach no further then to the husbanding of their estates for their use and benefit for it will not permit them to sell aliene or mortgage any thing that does belong unto them except that upon examination of the Magistrate it be found advantageable and fit to be done and that the Magistrate does expresly make his decree to that purpose Insomuch as if money be taken up by the Guardian for the need and to the use of any such person and his land mortgaged for payment of it yet if it be not done by the license of the Magistrate the serving of that impotent mans necessity how extreme soever will not make that mortgage the more forcible such care has the Law to preserve the patrimony of such from being pass'd away Yet since the money lent was so well imployed the Law that suffers no man to be enriched with anothers detriment gives the lender a personal action whereby to recover what he lent x L. 2. Co. de curat furios Lastly does the Civil Law afford more plentiful provision on any subject then that of last Wills and Testaments Yet the first rise and foundation of all that is written therein came first from that Law of the 12 Tables Vti quisque rei sui legasset ita jus esto y Part. 3. ca. 11. that is As a man shall order by his will in any thing that is his own so let it be The very words of which Law are repeated Inst De leg Falcid in princ and l. 120. Dig. De verb. signific But the questions falling under this head do not onely take up whole titles in the Law and those very large ones too but also many of them lie dispersed up and down in all places and parts of the Law So that generally it may be observed what Laws soever are written almost on any subject are but as so many explanations or enlargements made by the old primitive Lawyers such as Gaius Scaevola Papinian Vlpian Paulus Affrican and the rest of those Worthies and are as it were their Comments on the Law of Nature and of Nations and upon this Law of the 12 Tables at first a forreign Law but brought into the Roman Common-wealth by a common consent of all the people from such Nations as for rule and government might justly be an example to all their neighbours In like manner the Sea Laws that were admitted into the Roman State and incorporated amongst their Laws were fetch'd from another people namely the people of Rhodes Islanders in the Carpathian Sea bordering upon Caria in Asia who in respect of the mighty concourse of seafaring-men thither and their continual trade and