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Moreover as well in this, as in several other Cases, we must take heed, That we di∣stinguish between those things that are properly due by the Law of Nations, and those
that are due by the Civil Law, or by a mutual agreement between some people. By the Law of Nations, all Subjects that are injurious unto the Subjects of another Prince are liable to this Law of Reprizals, especially if they have occasion to reside there, whether they be Natives or Strangers; but not if they be only Travellers, or sojourn there but for a little time. For these Pignorations are of the same nature with Taxes, which being raised for the discharge of publick debts, are imposed on such as are constant Inhabitants, and not on such as are Sojourners, and so subject to the Laws of the place for a while only. Neither are the Persons or the Goods of Embassadors, being not sent to our Enemies, any wayes liable to this right of Pignorations by the Law of Nations; as also in many places the persons of Women and Children are by the Civil Law often exempted: But even the Goods of such as addict themselves to Learning or to Merchandizing, may by the Law of Nations be taken by any, as their persons also were at Athens. But by the Civil Law of many places, this Right of seizing Goods or Persons, must first be demanded from the Supreme Power, but in other places from the Judges. By the Laws of Nations the Pro∣priety of things taken passeth immediately to him that takes them to the value of his principal debt, together with his charges, so as the remainder ought to be restored. Thus did the Venetians to the Genoese, as Gregoras relates; Whose ships, saith he, being taken at Galata, laden with Wheat, Barly, and Salt for Fish, whereof the Lakes of Copais,* 1.1 and Maeo∣tis, and the River Tanais affords great plenty, they did not diminish the least part of the Goods, but took great care to preserve them, until having received their just debts, they restored all they had taken entirely. By the Civil Law they that have any share in the Prizes taken are usu∣ally cited, and being adjudged lawfull, they are by publick Authority sold and divided among such as are concerned in them. But to be better informed in these and the like Cases we must consult such as have treated of the Civil Law, especially Bartolus, who hath written much concerning the matter of Reprizals. One thing I shall here add, because it serves somewhat to allay and qualifie the severity of this Law, in it self too rigid, name∣ly, That they who either by the non-payment of what they owe, or not doing that which is Right to such as they have wronged, do occasion the seizing of their fellow-subjects Goods, are bound by the Laws both of God and of Nature to make satisfaction for those losses, which other men through their faults have sustained.* 1.2 Thus Plutarch of the Sy∣rians, Many of them, saith he, would not contribute money, but commanded those that had either received or taken away other mens Goods to repair their loss.
Gregor. lib. 9.
Cymon.