II. A man may have a Right to that which he takes from another, and when.
Propriety or Dominion being introduced, it follows, by the Law of Nature, That things are alienable two ways: First, By commutation; which consists in the making up of that Right which I want, whereby the ballance of Justice may be made even: or Se∣condly, By Succession. Now Alienation by way of Commutation or Expletion is when for something that is, or ought to be mine, which I cannot receive in kind, I take from him that detains it or somewhat in lieu thereof, that is, some other thing of equal value. Thus Irenaeus excuseth the Hebrews for robbing the Aegyptians of their goods,* 1.1 Which, saith he, they might take and keep in compensation of their labour. Now that Dominion may be thus transferred, is easily proved from the end, which in moral things is the best proof. For how otherwise can I be said to receive my full Right, unless I become the right owner of it? Seeing that it is not the bare detention, but the full power to use and dispose of it at my pleasure, that makes the Scales of Justice even. An ancient exam∣ple of this we have in Diodorus, where Hesionaeus in lieu of those things which being pro∣mised to his Daughter by Ixion, but not given, took away his Horses. For Expletive Justice, when it cannot recover what is the same, endeavours to get the value of it, which in a moral estimation is the same. By the Civil Law no man, we know, can do himself Right: Nay, if any man shall with his own hands take away from another, though but what is his due, it shall be imputed unto him as Rapine, and in some Countreys, he shall lose his debt. And although the Civil Law did not diectly forbid this, yet from the very in∣stitution of publick Tribunals, it may easily be concluded to be unlawful. But where there are not publick Courts to appeal unto (as on the Seas and in Desarts) there the Law of Nature must be our guide. So it should sometimes, when the Laws cease but for the present, that is, if the debt can never be got otherwise: As, if the Debtor be ready to fly the Countrey before the Courts can be open; in which case the Creditor may lawfully have recourse to the Law of Nature: Yet so, that the Judgement of the Court must afterwards be expected, before the Right of Propriety can be assured, as in the case of Reprizals; as shall be said hereafter. But yet, if the Right be certain, and it be also morally as certain, That a man cannot by a Judge receive satisfaction for want of due proof, the best opinion is, That the Law concerning Judgements ceaseth, and that a man may have recourse to the ancient Law of Nations.