The illustrious Hugo Grotius Of the law of warre and peace with annotations, III parts, and memorials of the author's life and death.

CVI. The Community or Rulers are engaged by their subjects fault, if they know and do not for∣bid 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 them∣selves. S. Augustin saith well; We must make a difference between the pro∣per 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 † 1.1. The Locrians in Livy make remonstrance to the Roman Senate, that

the defection did not proceed from any publick determination. In the same Au∣thor Zeno interceding for the Magnetes to T. Quintus and the Legats with him, besought them with tears, That the mad∣ness 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 Ci∣tizens, and a rude multitude alwayes. So, neither is a Father bound by the fault of his children, nor the Master of his ser∣vants, nor other Governours, except some∣what 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 † 1.2. So, in the Army of

the Grecians, where Agamemnon him∣self 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 * 1.3 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 plea∣ded the Law of Nations, Affection to his friends prevailed more with Tatius: thus he drew upon himself the punishment due to them. Here is proper that of * 1.4 Salvian concerning Kings. The Highest power which can restrain the highest sin, doth seem to approve it, if knowingly it be per∣mitted. † 1.5 The Veientes and Latins excuse themselves in Livy, that their subjects helped the enemies of Rome without their knowledge. But the excuse of Teuca Queen of the Illyrians is not accepted, saying, Piracy was not exercised by her∣self, but by her subjects; For she did not forbid them. So, of old, were the Scyri∣ans condemned by the Amphictyones * 1.6 for suffering some of their men to exer∣cise Piracy. Now, tis easily presumed, the things are known, which are conspi∣cuous, which are frequent. That which is

done by many, can be unknown to none, saith Dion Prusiensis. The Aetolians are grave∣ly * 1.7 reprehended by Polybius, that, when they pretended to be the friends of Phi∣lip, they did nevertheless suffer their men openly to act hostility, and preferred un∣to honours the principal actors of it.

Notes

• † 1.1

  Chrysost. de stat. 3. Non commune fuisse delictum Civi∣tatis, sed extra∣neorum & adve∣narum, qui cuncta tomeri∣tateac legum ignorantia quàm ratione facerent. Ne{que} vero aequum, ut ob paucorum im∣peritiam tanta urbs ever •…•…etur, & poenam ser∣rent culpae exor∣tes. Ammian. l. 30. de Quadis: Nihil ex com∣muni mente pro∣cerum gentis de∣lictum asseve∣rantes in nostros.
• † 1.2

  Par est delin∣quere, & delin∣quentes non pro∣hibere, ait Agapetus ad Justinian. Quisquis patitur peccare peccantem, is vires subministrat audaciae, air Arnobius. Qui desinit obviare cum potest, consentit: Augustinus. Egregie Proclus ad illud Hesiodi, sape luit populus paenas unius iniqui: ait, 〈◊〉〈◊〉 qui cum prohibere possit, non prohibet unius malitiam.
• * 1.3

  So is this ex∣plained by Cy∣ril in his 5. book against Julian. Chry∣sostom in his first homily to the Antiochi∣ans involves them all in the crime: The act, saith he, was done by a few, the guilt is laid upon all. We are all in fear and ex∣pect punish∣ment for their offense: which if we had pre∣vented, and driven them out of the Ci∣ty, we had been now in safety. Liv. lib. 1.
• * 1.4

  Lib. 1.
• † 1.5

  Thucyd. l. 1. & 6. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Dion saith in the life of Galba, It is sufficient for private men not to offend, but Rulers must take care that no other do transgress.
• * 1.6

  Plu∣tarch. Cimone.
• * 1.7

  Rhodiacà. Polyb. lib. 2.