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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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err with a good mind not out of hatred but love of God believing that they honour and affect the Lord. Although they have not a right faith yet they esteem this to be perfect charity and how they are to be punisht for this error of their opinion at the day of Judgment none can know but the Judge In the mean therefore as I conceive God lends them patience because he sees them though not right believers yet erring through affection of a pious opinion Concerning the Mantchees let us hear him who stuck long in their mire Augustin Let them rage against you who know not with what labour Truth is found and how hard it is to avoid errors Let them rage against you who know not how rare and difficult it is to overcome carnal phantasms by serenity of a pious mind Let them rage against you who know not with what groanes and sighs it is effected that in any sort God may be understood Lastly let them rage against you who are deceived with no such error as they see you are deceived with For my part indeed I cannot rage against you with whom as once with my self I ought now to bear and treat you with as much patience as my friends shewed to me when I went astray in your opinion mad and blind Athanasius sharply inveighs against the Arian heresy because it first used the power of the Judges against Dissenters and endeavoured to draw unto it self by stripes and imprisonment whom i●… could not prevail with by perswasion and so saith he it manifesteth it self how far it is from piety and from the worship of God respecting as I take it that which is read Gal. 4. 29. Hilary hath a like passage in his Oration to Constantin In Gallia long since were condemned by the judgment of the Church the Bishops who took order that the Priscillianishs might be convicted with the sword and in the East the Synod was condemn'd which had consented to the burning of Bogomilas Wisely said Plato It is the fittest punishment for one in error to be made to learn CIV Justly are they punisht that are irreverent to the Gods they own MOre justly shall they be punished who are irreverent and irreligious toward those whom they think to be Gods And this was alleged among other causes of the Peloponnesian war between the Athenians and Lacedemonians and by Philip of Macedon against the Phocenses of whose sacrilege Justin thus It was athing that ought to be expiated by the forces of all the world Hierom on the sixt of Daniel So long as the vessels were in the Idol-temple of Babylon the Lord was not angry for they seemed to have consecrated the things of God to divine worship though by an erroneous opinion they mistook the Deity but after that they pollute the divine things by human uses presently punishment waits upon the sacrilege And truly Austin is of opinion that God advanced the Empire of the Romans because though in a false way they were so studious of religion and as Lactantius speaks performed the chiefest business of man though not in truth yet with a good intention And we have said above that perjuries even by false Gods are revenged by the true God He is punished said Seneca because he did it as to God his opinion makes him liable to punishment So al●… do I take that other saying of Seneca li divers places the violators of Religion on punisht diversly but every where they are punisht and that of Plato likewise where he condemnes them as capitall offenders CVI. Of Communication of punishment How it passeth to partakers of the fault WHen the question is about Communication of punishment either we mean partakers of the fault or others They that are partakers of the fault are punished not so much for anothers as for their own offense They then that command a vitious act that give consent required that aid or entertain or any other way partake in the crime that give counsel that praise and encourage that when by right properly so called they are bound to forbid do not forbid or when they are bound by like right to help the sufferer of injury do not help that do not disswade when they ought to disswade that conceal the fact which they were bound by some Law to make known all these may be punisht if there be found in them such malice as may suffice to the merit of punishment according to the rules set down afore CVI. The Community or Rulers are engaged by their subjects fault if they know and do not forbid it when they can and ought THis point will be more cleered by examples As another Community so also the Civil is not to answer for the fact of particular men without committing or omitting somewhat themselves S. Augustin saith well We must make a difference between the proper sin of every one and the common sin of the people which is committed by a multitude disposed to it with one heart and one will Hence it was in the form of leagues If there be a failing by publick Counsel The Locrians in Livy make remonstrance to the Roman Senate that the defection did not proceed from any publick determination In the same Author Zeno interceding for the Magnetes to T. Quintus and the Legats with him besought them with tears That the madness of one might not be imputed to the City but that the Doer might run the peril of his own actions And the Rhodians before the Senate separate the publick cause from the private saying There is no City which hath not sometimes wicked Citizens and a rude multitude alwayes So neither is a Father bound by the fault of his children nor the Master of his servants nor other Governours except somewhat that is vitious adhere to them Now among the wayes whereby Governouis of other men become guilty there are two of especiall use and require our diligent consideration Sufferance and Receipt Of sufferance we determine thus He that knows a fault to be done that is able and bound to forbid it and doth not is guilty Cicero against Piso Nor is the difference much especially in a Consul whether himself by pernicious Laws and wicked speeches vex the Commonwealth or suffer others to vex it Brutus to Cicero You will say then Do you make me guilty of anothers fault Yes truly if it were in you to hinder it So in the Army of the Grecians where Agamemnon himself and the rest were under the Common Council it is right that the Grecians were punisht for the offences of their Princes because it was in their power to compel Agamemnon to render the Priest his daughter It is in Livy The Kinsmen of King Tatius beat the Embassadors of the Laurentes and when the Laurentes pleaded the Law of Nations Affection to his friends prevailed more with Tatius