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master_n lord_n servant_n service_n 5,597 5 7.0128 4 false
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A42234 The illustrious Hugo Grotius Of the law of warre and peace with annotations, III parts, and memorials of the author's life and death.; De jure belli et pacis. English Grotius, Hugo, 1583-1645.; Barksdale, Clement, 1609-1687. 1655 (1655) Wing G2120; ESTC R16252 497,189 832

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place where Subjects do truly offend or where the case is doubtfull For to this purpose was ordained that distribution of Empires Notwithstanding where the injury is manifest where any Busiris Phalaris Thracian Diomedes executeth such things upon his Subjects that no good man can allow of there the right of human society is not praecluded So Constantin against Maxentius and against Licinius other Roman Emperors against the Persians took arms or threatned to take them unless they would abstein from persecuting the Christians for their Religion Yea supposing arms cannot no not in extreme necessity be taken rightly by Subjects whereof we have seen those to doubt whose purpose was to defend the regal power nevertheless will it not therefore follow that arms may not be taken by others on their behalf For as oft as a personal not real impediment is put against any action so oft may that be lawfull for one for anothers good which was not lawfull for that other if the matter be of such a nature wherein one may procure the good of another So for a Pupil whose person is uncapable of judgment the Tutor goes to Law or some other for one absent even without a mandate his Defendor Now the Impediment which prohibites a subject to resist comes not from a cause which is the same in a subiect and no-subject but from the quality of his person which passeth not into others So Seneca thinks I may war upon him who being divided from my Countrey troubleth his own as we have said when we spake of exacting punishment which thing is often joined with defense of the innocent We are not ignorant by reading of histories old and new that Avarice and Ambition hideth it self under these pretences but it doth noth not therefore presently cease to be a Right which is abused by evil men Pirates also go to Sea and Robbers use the sword CXXXIII Concerning Soldiers of Fortune MOreover as warly Societies enterd into with such a mind that aids are promised in every war without any difference of the cause are unlawfull so is no kind of life more wicked than theirs who without respect unto the cause are hired to kill men thinking There is most right where is most pay Which Plato proves out of Tyrtaeus This is that which the Aetolians were upbraided with by Philip and the Arcadians by Dionysius Milesius in these words Mercats are made of War and the calamities of Greece are a gainto the Arcadians and without regard of the causes arms are carried to and fro A miserable thing indeed as Antiphanes speaks That men should get their living by exposing themselves to death What is more necessary to us saith Dion Prusaeensis or what is more worth than life and yet many men are prodigal of this while they are greedy of money But this is a small matter to sell their own blood unless they did also sell the blood of other men that are oft-times innocent So much worse than the Hangman by how much worse 't is to kill without cause than with cause As Antisthenes said Hangmen are better than Tyrants because they execute the guilty these the guiltless Philip of Macedon the Elder said These men that get their living by making a trade of war esteem war to be their Peace and Peace their war War is not to be turned into an Art or profession being a thing so horrid that nothing can make it honest but the highest necessity or true charity as may be understood by what we have said afore It is not indeed in it self a sin saith S. Augustin to go to war but to go to war for the spoil is a sin Yea and for the stipend or pay if that alone be regarded or that chiefly when as otherwise it is very lawfull to receive pay for who goeth to war at his 〈◊〉 charge saith S. Paul the Apostle CXXXIV Of just Causes that wit may be waged by those that are under others command Who they are and what they should do where they are left free WE have done with them that are is their own power there are others in a condition of obeying as sons of families servants subjects and single Citizens if they be compar'd with the Body of their Commonwealth And these i●… they be called to debate or a free choice be given them to go to the war or to stay at home ought to follow the same rule with them that at their own pleasure undertake wars for themselves or others CXXXV What they should do when they are commanded to war and believe the cause of the war to be unjust BUt if it be commanded them to bear arms as it usually comes to pass What then Why truly if it be manifest to them that the cause of the war is unjust they ought by all means to abstein That we must obey God rather than men is not only a sentence of the Apostles but of Socrates too and the Hebrew-Masters have a saying That the King must not be obeyed when he commands any thing contrary to the Law of God Polycarpus said just before his death We have learned to give meet honour to the Empires and powers ordained of God so far as may consist with our salvation And S. Paul the Apostle Children be obedient to your Parents in the Lord for this is right Upon which place Hierom It is a sin for children not to obey their parents yet because parents might perhaps command somewhat amiss he added In the Lord. And he annexed this of servants When the Lord of the flesh ●…neth a thing divers from the Lord of the Spirit Obedience is not due And elswhere In those things only ought men to be subject to their Masters and Parents which are not against the Commands of God For the same Apostle also saith Every man shall receive a reward of his own worke whether he be bond or free Seneca Neither can we command all things nor 〈◊〉 servants perform They must not obey ●…s against the Commonwealth They must not lend their hand to any wickedness Sopater Obey thy Father If according to right well if otherwise not so Strat●…cles was irrided of old who propounded a Law at Athens that whatsoever pleased King Demetrius might be accounted pious toward God and just toward 〈◊〉 Pliny saith he laboured somewhere to make it evident That it is a crime to serve another in doing evil The Civil Law themselves which do easily give pardon to excusable faults favour those that must needs obey but not in all things for they except things which have atrocity which are heinous and wicked in their own nature as Tully speaks and not by the interpretation of Lawyers Josephus relates out of Hecataeus that the Jews which served under Alexander the Great could not be compell'd either by words nor blows to carry earth with the other soldiers to the repairing of
is turn'd into the affection of a friend which he explains at large Whereto agrees if a servant as it is in Tere●…ce defrauding his Genius hath saved any thing or by his diligence at spare tim●… hath gotten any thing that in some sc●… is his own Nor is it material that the Master may at his pleasure take away or diminish his servants stock for he w●… not do what is right if he do it with●… cause by Cause I understand not only punishment but the necessity of the Master for the profit of the servant is subordinate to the profit or interest of the Master yea more than the wealth of a Citizen to the City Therefore as we read that Clients have contributed to the user their Patrons and subjects of their Kin●… so have servants to the uses of their Masters if a daughter be to be preferred if a Captive son to be redeemed or if any like occasion had fallen out Pliny as himself saith in his Epistles granted leave to his servants to make certain testaments as it were that is to divide to give to bequeath within the family Among some Nations a fuller right of getting an estate was granted unto servants as there were several degrees of servitude To this internal justice which we expound the Laws among many Nations have also reduced that external right of Masters For among the Greeks it was lawful for servants ill used to demand that they might be sold and at Rome to fly unto the statues and implore help of the Governors against rigour or hunger or intolerable injury But 't will proceed not from strict right but from humanity and beneficence yet such as is due sometimes that after long service and very great Liberty be given to a servant After that by the Law of Nations servitude came in there followed the benefit of manumission saith Ulpianus An example whereof we have in that of Terence Thou wast my servant and I made thee free Because thou didst thy service Liberally Salvian saith it is a thing of daily use that servants though not of the best yet of honest diligence be set at liberty He addes and be not for bidden to carry with them out of their masters house what they gained in their service Of which benignity there are many examples in the Martyrologies And here also is to be praised the benignity of the Hebrew Law that commands an Hebrew servant after a certain time fulfill'd to be manumitted and not without gifts of the contempt of which Law the Prophets make a heavy complaint Plutarch reprehends Ca●…o major because when his servants were aged he sold them unmindful of that common nature of mankind A question here is incident whether it be lawful for him to fly who is taken Captive in a just war We speak not of him who by his own proper fault hath deserv'd that punishment but of one that by publick action is fallen into this fortune It is the truer answer that it is not lawful because by the common agreement of Nations he owes his service in the Name of the Commonwealth Which yet is so to be understood unless intolerable cruel usage impose upon him this necessity Another doubt is whether and how far they that are born of servants are under Dominion by internal right a doubt which may not be omitted here by reason of the special consideration of Captires in war If the parents by any crime 〈◊〉 theirs had deeserv'd the punishment 〈◊〉 death their Children which they hoped for might to save their lives be bound over to servitude because otherwise they would never be born For even for maintenance which they would otherwise want parents may sell their Children Such is the right which God alloweth the Hebrews over the posterity of the Canaanites But for the debt of the Common-wealth they which were already born as a part of the Commonwealth might be bound no less than the Parents themselves Howbeit as to them who are not yet born this cause seemeth not sufficient but another is required either from Parents express consent together with a necessity of maintenance and that for ever or from the allowance of maintenance and that only till the work hath paid for all that was layd out If any further right is given the Master over these ●…t seemeth to proceed out of the Civil Law favouring Masters more than is enough Among the Nations with whom that Law of servitude by war is not in use it will be best that Captives should be exchanged next that they should be dismissed at a reasonable rate What this ●…s cannot precisely be determined but Humanity teacheth it ought not be so heightned but that the residue of the Captives estate may supply him with all Necessaries In some places this is defined by Covenants and Customs as among the Greeks of old Mina now among Soldiers a months pay goes for a ransome Plutarch relates that heretofore wars were waged between the Corinthians and Megareans mildly and so as became men of the same blood If anyone were taken he was entertained by the Taker as a Guest and sent home upon promise of a price for his deliverance That of Pyrrhus commended by C●…ro argues a more noble mind Nec mî aurum posco nec mî pretium dederitis Ferro non auro vitam cernamus utr●…que Quorum fortuna belli fortuna pep●…rcit Eorundam libertati me parcere cert●… est Apud Ciceronem de Offic. No gold for me no price do I require To fight it out with steel is my desire The valiant men to whom good fortune gave Their life by my gift Liberty shall have Pyrrhus no doubt believed his 〈◊〉 just nevertheless he thought fit to sp●… their liberty who on probal●…●…ause 〈◊〉 engag'd against him The like act of Cyrus ●…s celebrated by Xenophon of Philip the Macedonian after his victory in Chaeronea by Polybius of Alexander toward the Scythians by Curtius of Ptolomy the King and of Demetrius contending with one another not more in war than in benignity toward Captives by Plutarch And Dromichaetes King of the Getes having taken Lysimachus in war made him his guest and prevalid on him so far that having experience both of the Getick poverty and courtesy he chose rather to have such men for his friends than enemies LIV. A Temperament about acquisition of Empire THat Equity which is requir'd or that Humanity which is commended toward particular persons is so much more requir'd or commended toward Nations or the parts of Nations by how much more signal is the injury and the benenefit done to many By a just war as other things may be acquired so also the right of a Ruler over people and the right which the people themselves have in the empire but to be sure so far as the measure either of the punishment arising from the fault or the measure of some