a long time the King that there was great danger they would have raised an Aristocracy or several petty Principalities so lofty was their carriage towards their King which in time would have strangled the Monarchy and all under the pretence of the publick good which drew on that long and destructive war called the Barons war and made it the more plausible and popular After these combustions ended and the King the Lords and people were reduced to reason and moderation which often was wanting on both sides then the Statutes made in the time of King Edward the First and Edward the second had these words Statutes made by the King in Parliament at the request and petition of the Commenalty with the assent of the Prelates and Pears And so in the Fifth year of Edward the Third at the instance and special request of the Commons with the assent of the Prelates and Peers we have ordained and established and so in the succeeding raign of Richard the Second and in the first of Henry the Fourth Thus did the force and efficacy of our Lawes proceed from the Kings Legislative power acting by and with the concurrence of the three Estates in Parliament contributing their assistance according to their respective duties and the trust reposed on them This concurrence doth serve excellently for the direction regulation and in some respect for the qualification not for the diminution but for the support of the Kings power and rights The absoluteness and generality of this Regal power being also in many cases often restrained in the administration of Justice in the inferiour Courts of Justice by the Common Law of England and by the Lawes and customes of other Kingdomes And therefore the assistance and concurrence of all the Estates in Parliament cannot amount unto the raising of any coequality or competition of power the influence of the Soveraign power is that which giveth life to the making and to the execution of all Lawes both Houses of Parliament acting according to their duties and not exceeding their bounds the rights and prerogative of the King is neither restrained nor obscured but guided strengthned and carried with greater vigour and Majesty for his and the Peoples most good and security If our Kings had any co-partners in the Legislative power or were less in Parliament then when they were out our Judges have been much out and deceived him and others in affirming oftentimes to the Kings that in no time they were so high in their Royal estate as when they sate in Parliament The Canon-Lawyers say the Pope is greater when he sitteth in a General Council in respect of the amplitude of knowledge and the spirit of discerning After the Romans had transferred all their Supream power to their Emperours yet did the Senate afterwards make divers Lawes called Senatus consulta which were often concomitant or subsequent to the Imperial Edicts yet this was never held to be a conferring or communicating of any part of the Legislative Imperial power no otherwise the Kings of France do grant to the Parliament of Paris when their arrests concurr with the Kings Edicts which are there usually ratified Cujacius Pet. Faber Semest lib. 1. cap. vult Optimi Principes non dabant ullam constitutionem sine authoritate sententia Juris-consultorum Edicta Principum Romanorum sic Regum Galliae plerumque subsequebantur Senatus Consulta Quod Principi placuit legis habet vigorem leges condere soli Imperatori concessum est legis interpretatio solo digna Imperio est Imperator solus conditor Interpres Legum est Institut Jura nat gens Lust Cod. de legibus Tit. F. de origine Juris Lib. Feud constitut Lethaeri Fred. Imperator licet Augustus Caesar constituit viros prudentes ad jus interpretandum ut major juris authoritas haberetur The Emperours since have made their Lawes hortatu consilio Archiepiscoporum Episcoporum Ducum Marchionum Comitum Palatinorum caeterorumque Nobilium Judicum yet this was never holden to be a communicating of their legislative power Long time in the French Monarchy Lawes and Edicts were made by the King per suum magnum Concilium as in England and so were causes Civil Criminal and Fiscal determined and judged by our Kings or his Council or by his delegated poer to others before the Courts were established at Westminster as appeareth by our Histories and Records The three Estates in France and Spain did never in the former times when they were most in use and power challenge any part of the legislative power neither did their Historians and Lawyers ever grant it to be in them for ought appeareth Bodin doth acknowledge that in England the excellent institution and use of Parliaments hath longest continued De. Repub. and saith that legum rogatio probatio non arguit Imperii majestatem licet autoritatis speciem Ordines Angliae autoritatis quaendam habeant jura Majestatis summum Imperium est in Principe And so a learned Hollander Grov de Jure belli lib. 1. C. 3. no slatterer of Monarchy saith they are greatly deceived qui existimant cùm Reges acta quaedam sua nolunt rata esse nisi à Senatu vel alio caetu aliquo probentur L. 8. F. de Constitutionib L 1. Cod. de legib partitionem fieri potestatis The supream Senate is as the Emperour in the Golden Bull calleth the Princes Electors partem corporissui columnas latera solidacque Imperii Bases jus dandi suffragii in Comitiis Imperii Germanici non trahit secum majestatis communicationem cum majest as indivisibilis sit nec Electoribus Principibus aut Statibus Imperii communicari poterit Tamen nihil majestati detrahitur si in partem solicitudinis Imperatoris invocentur exemplo veterum Imperatorum Romanorum qui et si habuerint summam potestatem ut quodcunque Imperator Edicto statuit legis habebat vigorem nihil tamen magni ponderis sine consilio consensu Senatus expediebant * Arumns ad aur bul non obstat quod dicitur in L. 1. F. de constitutionibus Quod Principi placuit legis habet vigorem quia sequitur in fine legis non quiequid de voluntate presumptum est sed qùod concillo magistratum suerum Rege auâ—â—ritatem praestante habita super hoc deliberatione tractatu recle fuerit definitum Bracton Fleta L. 8. Cod de Legibus Bartolus ali L. 1. F. de legibus Moreover long before the Empire was established in Germanie when the Roman Emperours granted unto diverse Princes and States of the Empire that without them and that form by him prescribed lawes should not be made or held effectual nisi supradictà formà observatà ita ut universorum consensus nostrae serenitatis autoritate firmetur c. It was never holden by the interpreters of the lawes that the Emperours did or could by his grants
rebus judicatis stat status Reipublicae Neither shall a Judicial decree prejudice one under age L siquidem Cod. de Praediis minorum Exravag de reb Eccl. non alienandis l. 5. penult F. de reb eorum qui sub Tut. l. 4. Cod. quib ex cau major l. 35. F. de rejud Cuiac l. 1. F. de just jur neither the Church if any of the legal solemnities injoyned by law are wanting for dolus reipsa praesumitur inesse Or if such decree be surreptitiously gotten then no propriety or right doth pass thereby from the Minor or Church but still they may have their action real or personal non tantum in personam sed in rem ipsam Pacta contra jus Reipublicae non valent hoc ad Ecclesiam trahi debere quae in jure semper comparatur Reipublicae nam jus publicum quod ad statum rei Romanae spectat etiam in sacris sacerdotibus consistit The interpreters of the Law say Ecclesia Respublica minores circumventi vel lapsi in integrum restituuntur ergo Princeps for above all the law is most favourable unto the Prince His Patents Charters and Grants according to common intendment and the usual clause inserted are to proceed from him ex mero motu certa scientia All his Grants and contracts are bonae fidei Baldus alii rather then stricti juris and ought alwayes to be interpreted ex bono aquo He hath many singular priviledges by the Civil law and by the Common law of England He is not deprivable of remedy against undue forms as he can do no wrong so shall he receive no prejudice through the defects in Legal forms The inserting or addition of any words or clauses prevail not against him when there is cause to presume that he was ignorant or deceived There ought not to be with any man but there must not be with him a striving saevâ praerogativâ verborum contra juris sententiam nec rei gestae veritatem ulla scripturâ mutari as in the Roman law If there are legal and strong presumptions praesumptiones juris de jure quae pro liquida probatione habentur that his grant did not proceed from his certain knowledge and meer motion but was surreptitiously gotten no words prevail but the more forceable they are Baldus the more fraud they carry with them Vbi abundantior est Cautela evidentior fraus praesumitur quod quis ita cautè facit ne fraudem fecisse videatur major periculosior fraus ex eo praesumitur Clausulae cautiones insolitae ipsum actum magis suspectum faeciunt Beldus Decius alii licet abundans Cautela non nocet tamen quod dubitationis causae tollendae videtur poni si sit insolitum suspicionem inducit contractum simulatum arguit Injustice the more it hath of the shew of legality the more mischief it worketh That lye is the worst saith Quintilian which seemeth to come nearest unto the truth Nulla major pestis est humano generi justitiae Cicero offie lib. 1. quam eorum qui cùm maximè fallum id agunt ut boni viri esse videantur This clause of certain Knowledge doth not work effectually nisi circa ea quae Princeps praesumitur scire prout sunt ea quae in jure consistunt secus circa ea quae in facto consistunt de quibus saepe praesumitur ignorantia ejus Decis Rotae Rom. Farinacii 656. pars 2. Neither can that other forceable clause of meer motion hinder a just exception and be a barr from making deceit appear which deceit may proceed vel ex re ipsa vel ex parte impetrantis quando ex suggestione ejus obtinetur Et cum emanaverit ad supplicationem supplicantis censetur Papa vel Rex aliquis se fundasse super narrata si narrata non verificantur Decis Rotae Rom Durandi gratia confirmatio vel rescriptum corruit Yet notwithstanding a man may be said to grant of his own proper and meire motion although he accepteth the petition of the party when he is not moved to grant only because the other desired it but of a willingness also and bounty in himselfe Decretal de rescriptis c. 20 In the Imperiall Law it doth often occur nos amoventes quicquid surreptitia impetratio furtiva deprecatio vel potentia alicujus elicuit Vbi literas impetrant à nobis per fraudem vel malitiam L. 2. l. 6. Cod. tit si contra jus vel uti litatem publicam Coveruvias var. resol l. 1. c. 20. l. 3. l. 1. Cod. de precib Imp l. ult Cod. si 〈…〉 pubil veritate occultata vel suggesta falsitate If those acts are void or voidable by Law which are defective in respect of the form or in respect of the indirect manner or means used for the obtaining them as force fraud false suggestions or concealing a truth necessary to be known ubi mendacium reperiatur sive in facti sive in tacendi fraude those acts also are undoubtedly void in the matter and subject which are utilitati publicae adversa vel juri communi and such are those which are against the just and ancient rights of the Crown against the fundamentall Laws and the just rights and liberties of the subjects L. 7. F. de pâ—ctis l. 112. F de legatis 1. l. 5. Cod. de legibus for such are against the common peace and weal-publick Nec pactum nec jusjurandum à jure communi remotum servandum est Jusjurandum contra vim authoritatem juris nullius est momenti But a Law is of greater concernment then either the contracts of private men or the grants and ordinary Charters of a Prince If equity be wanting to a Law the vigor and life of it is wanting Legum parens est aequitas Cicero l. 90. F. de regulis Ju. is in omnibus maximè in jure spectanda est aequitas Our Lawyers sinde in their books that when an act of Parliament is against common reason or common equity or cannot be executed without doing wrong the common Law doth controwl that act and doth adjudge it void agreeable to that rule given by the Interpreters of the Civil and Canon Law statutum potius interpretandum ut nihil operetur quà m ut iniquitatem contineat And yet notwithstanding all this that hath been said some of our Lawyers delivered their opinion being required by the King that this Statute for continuation of the Parliament during the pleasure of both Houses was not void in Law although by that Law the King was almost laid aside or used but as a cypher and little account made of his negative voyce in Parliament in respect of their new usurped power to make Ordinances so as the Parliament was changed from being the great Councel of the King and became as the Roman and Venetian Senate and
with a free and unanimous consent of all or by the immediate hand of God when none are left to continue the Succession and all former rights are extinct but not of such change as is inforced by a detestable rebellion Alb. Gen il disput ad leg Jul. Majestatis de jus belli lib. 3. cap. 23. Grot. de Juce belli lib. 2. cap. 16. Rex Regno pulsus vel in carcere positus ab altero Rege perdit possessionem quo ad aliâ—s Principes sed non ex rebellion subditorum suorum sic fuit responsum à Galliae Rege Edwardo Angliae cum de Regno expulsum ab Henrico Rege sibi regem non viâ—â— ri Sane cum Rege initum foedus manet etiamsi Rex idem aut successor regns à subditis sit pulsus Jus enim regni penes ipsum manet utcunque possessionem amiserit If the State and form of Government be changed as if an Aristocratical Government be changed into a Monarchical the former Leagues remain in force as some conceive quià manet idem corpus Grot. de jur bel lib. 2. c. 16. L. 38. F. de solutionibus etsi mutato capite but yet in all stipulations and pronuses this condition is implyed if it be not expressed notwithstanding that all stipulations are stricti juris tacitè inesse videtur si in eadem causa si in codem statu res personae maneant lest men should remain obliged contrary to their intention when they bound themselves and be by alterations hapning tyed to the observation and performance of that which is injust impossible or absurd Neither can it be said saith Aristotle to be the same Common-wealth if there be not eadem ratio Reipublicae sed alia forma Reipublicae Mutata forma propriè interremptam esse rei substantiam Res abesse videtur eujus forma mutata est ideò si corrupta redanta sit vel transfigurata L. 9. F. ad exhib res abesse videtur * L. 13. F. de verb. signif si sit Identitas materiae diversitas formae res diversa esse dicitur ut L. 18. S. 3. de Pignorat act si sublatum sit aedificium eadem specie qualitate reponatur alterum si quis strictiù interpretetur aliud est quod sequenti loco ponitur L. 20. S. 2. F. deservitut urb The Roman Empire often changed in the form the Empire remaining as is affirmed although it passed to Kings to Consuls from the Senate and Consuls to Emperours sometimes chosen by the Senate sometimes by the Souldiers but it cannot be said to remain alwayes in eadem specie natura The Common saying of the Divines when the Preisthood was changed the law was changed mutato Sacerdotio mutatur jus and so may it be said when the Common-wealth is changed the rights of the Common-wealth are changed although not abolished An idem corpus sit an eadem quantitas L. 11. L. 12.13.14 De exceptione rei Judicatae mutatio personarum aliam atque aliam rem facit L. 22. De excep rei Judicatae an eadem causa petendi an eadem conditio personarum quae nisi omnia emcurrunt alia res est Whatsoever mens opinions are of these changes in Common-wealths and notwithstanding these rules of law before declared Princes and Common-wealths have and they ought to have an eye unto all changes and alterations in States and Common-wealths especially unto violent changes and usurpations amongst their Neighbours for men may justly be restrained and opposed in changing or abusing their own when the interest of another is impeached thereby ubi capiat aliena Respublica detrimentum Gentil de jure belli lib. 1. C. 16. vel siquid iniqui in alios caderet upon which reason Queen Elizabeth in her Declaration printed excused her sending aid to the Hollanders although that war seemed to be just on both sides by that which was delivered in the justification of both parties For by her aiding of them she had their assistance against the King of Spain her enemy and the more hope of obtaining a good peace for her self and those her nearest neighbours and of her religion and the most ancient and continual freinds of the English so that if their condition were changed by conquest their ancient trade and commerce with England to the great hurt of England would be cut off and destroyed through their disability by servitude imposed on them Pericles in his Oration to his Countrey-men said Let us suffer those Cities which are of our association to remain free if they continue so Thucydides l. 2 as they were at the time when we made confederation with them * The Romans in their Leagues did usually insert this Article that the confederates should not suffer the subjects of each other to bear arms against the other neither receive the Traitors fugitives or rebels of each other and so was it in the league between Henry the Eighth and Francis the First but those Kings had in their league this addition That if Civil war did arise in any of their Countreys none of the Confederates should meddle therein unless the war were maintained by some forraign Prince Hist of Henry the Eighth If Princes may have just cause to help the Subjects of another Prince yet as Movillier said unto Francis the First the act whatsoever the intention and reasons are is subject to much envie and misinterpretation as appeareth by divers examples There may be as just cause for a Prince to help another Prince especially being deposed exiled or oppressed by his subjects and with much less envie and more honour King Tarqui â—ing expelled Rome fled unto King Porsena and desiring his aid advised him not to let pass the new taken-up course of expelling Kings by their own subjects adding also Livius lib. 2. that unless Kings would maintain the right of Kings with as much vigour as subjects sought to advance their own liberty there would soon ensue an universal confusion and all rights sacred and prophane would be turned upsidedown and nothing would be indured in States and Common-wealths which was eminent above other whereby would also ensue a total subversion of Kingly government a thing both with God and man most beautiful and excellent Justin Thus Darius vanquished by Alexander the great and afterwards murdered by some of his own subjects when he was near his death he sent unto Alexander to revenge it inasmuch as it was against his honour to suffer subjects to give an example so pernicious Livius lib. 4. The Romans were so quick when sedition and civil war brake out amongst their neighbours of Ardea in league with them that they sent speedily their Embassadours to appease the fury who took off the heads of the Authors and confiscated their estates to the Treasury of Ardea Ovidius Proximis à tectis ignis defenditur agrè Paries cum proximus ardet tunc
war which then followed or rather came together Comines But the Kings of France had this advantage by their wars especially by the Civil wars that they got better knowledge of the wealth and ability of their subjects and what burthens they could bear as well in times of peace as war of which before they were ignorant This evil bargain the people have gotten by the Ringleaders of their Rebellion And as by the long Carthaginian war the Romans changed much their Religion and lost their ancient discipline and laudible customes so did the French who by the means of their Civil wars have had the seeds of faction and sedition so scattered throughout the Kingdome that they are alwayes apt to spring up and as mens bodies which by long and lingring sickness being grown weake and feeble ever breed new diseases so do vices increase in a Kingdome wasted by war of long continuance which the Roman Censors finding ad mores hominum adverterunt Livius lib. castigandaque vitia quae velut diutinis morbis aegra corpora ex sese gignunt nata bello erant And the French History sheweth also that generally good discipline was not only lost Thuanus but religion also and sacriledge dayly committed and the number of Atheists and Libertines augmented Bodin well declareth the particular calamities which fell on men by this war and saith F pist ad lib. de Repub. cum bellorum civilium saevissima tempestate jactati fuissemus qua multi naufragium plures jacturam fecerunt plerique voraginibus immersi nonnulli in littus ejecti quidam ad scoputos alii aliò abrepti paucissimi incolumes evaserant But the Prophet best describeth a Civil war and the effects thereof Isaiah 19. I will set Egyptian against Egyptian every one shall sight against his brother the spirit of Egypt shall fail and I will destroy their counsel and mingle amongst them the spirit of errour all the commodities of the Countrey shall be destroyed and I will deliver the Egyptians into the hands of cruel Lords and mighty Kings shall rule over them * I will fill all the inhabitants of the land with drunkenness I will dash them one against another even the futhers and the sons together I will not have mercy but destroy them Jeremiah 13. verse 13.14 Polybius Machiavil lib. 3. C. 33. discur Before we have done with Civil war and the effects I will deliver some observations of the causes which reach and come home to our case The Roman Civil war saith Saint Austin did spring up ex connexione malarum causarum and so did the Civil wars in France and in other Kingdomes Many of these causes at the first are more easily prevented then foreseen The evils which proceed from internal and secret causes and corruptions are with most difficulty discerned and cured when they appear The Physick applyed either for prevention or the cure of the malady when it is grown to strength proveth oftentimes equally dangerous and therefore an excellent prudence and dexterity is necessary in the conduct of affairs of this nature where there is danger in precipitation although in using the likeliest means as well as there is in flackness and delay The causes also of rebellion are often secret suddain and different It is observed that some men have rebelled against their Prince for no cause that could be discerned and others who have received extraordinary favours as well as those who have received apparent injuries As too much plenty and prosperity doth often make men to themselves and to their Countrey the greatest enemies for seditions saith Plato do often arise through too much plenty as well as of much want Tantae calamitatis causa Flnus Livius cadem quae omnium nimia faelicitas quae furores civiles peperit Non miseriis sed licentiae tantum concitata turba otioque lascivire Plebem Deleta Carthagine tama de rebus prosperis orta mala magno scilicet terrore Reipublicae Romanae depulso dirupta concordia prius saevis cruentisque seditionibus deinde mox malarum connexione causarum bellis civilibus tantae strages ederentur tantus sanguis effunderetur Augustin de Civitate Dei lib. 1 C. 30. lib. 2. C. 18. lib. 3. C. 21. It was not poverty and want but pride abundance of all things and too much ease that caused the sin and destruction of Sodom Ezechiel 16.49 Tacitus Tacitus The Prophets do more often record the evils which fell on Gods people by plenty and prosperity then by want and adversity Plato being requested refused to give Lawes to a people swollen up with prosperity and pride Many men of great spirit and in great prosperity carrying their hopes above their merits have fallen into rebellion because they had not preferment before others or did see their enemies made their equals Iniquam iracundiam flagitiosa perfidia ulcisci and so of Darius malo publico verecundiam libidinem suam vindicavit publicis malis abuti ad occasionem privati odii Let such Hot-spurs consider that fortitude doth as much consist in suffering as in acting and although they pretend unto much magnanimity see how short they come as an ape differeth from a man of many Romans Carthaginians Grecians adorned with true magnanimity as Fabius Maximus Scipio Asdrubal and of latter time Gonsalvo called the great Captain and others men as famous for conquering themselves and their inordinate affections as for subduing their enemies who received many publick affronts from their superiors from their equals and from their Countrey and endured the smart of envy and detraction incident to men of most eminent virtue without seeking any revenge whereby the peace of their Countrey might be indangered although they wanted not power to make themselves as famous rebels as ever were any but they chose rather a voluntary banishment or confinement and retreat untill the predominant malignant humour was spent and the storm passed over so as many of them that thus prudently carried themselves survived their enemies and their malice and recovered all they had lost and obtained the highest places of honour and authority both incourt and camp Livius Augustinus Thus Camillus licet reus factus invidia obtrectatorum virtutis suae tamen ingratam liberavit patriam Valerius Maximus Appian Augustin de Civit Dei Whereas by the Civil war raised by Sylla and Marius striving to destroy each other non Reipublicae victoria quaerebatur sed praemium victoriae res erat publica utriusque partis defensores magis agerent amore vincendi quam aequum aut bonum quicquam cogitarent And although Sylla was reputed Captain of that party which had most reason and justice on their side for seeking to remove the corruptions in the Common-wealth yet was he tearmed Ingratus Sylla Seneca qui Patriam durioribus remediis quam pericula crant sanavit and the revenge he took of Marius and Cinna was with the
exceeding destructions of the Citizens and the irrecoverable loss of the Common-wealth and liberty of the people August de Civit Dei lib 3. C. 7.27 28. In so much as Sylla was advised to restrain his hand from slaughter that the Conqueror might have some lest of the vanquished to live under his Command Those two Sylla and Marius men of excellent courage and skill in war Florus decora ornamenta seculi sui falling into contention by ambition and upon punctilio's of honour began that Civil war which drew on the ruine of their Countrey and themselves by the continual factions and feditions that followed untill the usurpation of Julius Caesar These two had their greediness of revenge and of domination and rule requited by a base thraldome which they drew upon themselves for they and those that followed them were inforced to indure all insolencies of their own licentious soldiers Plutarch in Sylla Marius and of others the basest of men and to purchase their good will with donatives and rewards and to grant unto them the spoyl of others who were innocent and neuters as of those who did oppose them Whereas their Ancestors would often protest that they rather would endure to be vanquished by a forraign enemy then become slaves to their own souldiers by the want of power to chastise them and means to retain them in their obedience thinking it more shame thus to flatter their souldiers then to fear their enemies CHAP. XX. No pretences whatsoever can be just ground of a Civil War or Rebellion ALthough the cause of a rebellion proceedeth not from ambition revenge or the like but from actions of good intention for reformation of the Church or Common-wealth rebellion and civil war doth follow yet such men ought to consider that Sion is not built with blood Habakkuk nor Jerusalem with iniquity Wo unto him who buildeth a town with blood and establisheth a City by iniquity He who raiseth a schisme in the Church or a faction in the Common-wealth lendeth his hand to the devil against Christ for the devil entreth at a breach and then there followeth after a multitude of others of the same crew although their purposes and designes are different Those men who have been authors or actors in a Civil war or a rebellion can hardly excuse themselves by any pretences whatsoever There are some crimes that ignorance cannot serve for a Plea Lex dat coercionem delictorum quae sponte vel ignorantia contrahuntur vel casu fortuito eveniente L. 1. F de legibus L. 11. F de incendio L. 2. F. de Term. moto Cujacius Levit. 22. Levit. 10. Salvianus maxime si tam lata culpa fuit ut dolo sit proxima tam pessimum factum sit corum qui terminos finium agrorum diruperunt abstulerunt licet per ignorantiam tamen puniuntur Cocrectur legibus non tantum conscientia sed ignorantia saepè error casus Puniendus erat qui comederit rem sanctam per errorem silii Aaronis offerentes ignem alienum morte plectuntur licet facilitate inconsulta sola mentis inconsideratione peccantes That pretence of Religion and Reformation cannot so much avail our adversaries especially in respect of the evil means used for the carrying on of their design as it doth give cause of condemning them of peculiar and selfe-ends hypocrisy and faction because the workes and manner in acting were equally evil A timely desisting a hearty repentance would have been better then any recrimination and accusing of others to â—over their own guilt or assigning false or frivolous causes and reasons to deceive the world under the vizard of counterfeit sanctity Salvianus Medico opus erat non Patrono Augmentum reatus est innocentiam jactare post culpam criminosior culpa est nbi honestior status est magis damnabilis est malitia quam titulus bonitatis accusat reatus impii est bonum nomen * Facinus prodigiosum est ubi id ipsum in quo Christo injuriam faciunt dicunt se ob Christi nomen facturos authoremque sui sceleris quodammodo Deum faciunt Salvlanus Aquinas Covaruvias Navari Manuale He who affordeth his assistance to an unlawful act is guilty of all the evil which thereby ensueth although it proceeded through his inconsideration and want of foresight and was without the compasse of his thoughts and intention praesertim si eventus illi necessario per se aut verisimilitèr sequuntur quia de culpa quis tenetur licet culpa sit non ordinata ad casum contingentem ubi operam dat rei illicitae superveniens casus culpam praecedentem non excusat maximè si id quod agitur tendat dirigitur ad malum ex suapte natura vel intentione operantis When any thing happeneth by the occasion of an unlawful act although the Actor used all the diligence that he or any other man could to prevent the evil yet by the Canon-law he incurreth the penalty of irregularity L. 4. S. 14. F de vi ben rapt qui causam damni dat damnum dedisse videtur maxime si dolus malus adfuerit vel quoties causa damni per se ad damnum inferendum sussicit vel dedit occasionem proximam si damnum circa rem sit non extra rem damnum extrarium non notatur ex eventu But he is most guilty si fraus ejus animus fraudendi eventum habuerit Cuiacius L. 10. F. quem fraud Crediteris Insomuch as he who taketh in hand any design just and lawful in itselfe and with good intention if through his rashness and inconsideration much evil doth follow his rashness or negligence shall be reputed at least an occasion and an occasion in some cases doth pass for an efficient cause although it be not properly à causa efficience Cujacius alii first and principally moving est causa impulsiva si minus principalis tamen impellit seu movet principale agens ad efficiendum circumstat causam est accessio causae sie si per imperitiam infirmitatem suum damnum dederit infirmitas vel imperitia sua culpae adnumeratur L 8. F ad leg Aqaeit cum affectare id quisque non debeat in quo vel intelligit vel intelligere debet infirmitatem suam alii periculosam futuram esse especially where the Church or Common-wealth is much concerned and the peace of either in danger of being violated For the errours of this degree and quality may fitly be compared to an errour committed in war which according to the common proverb is committed but once and that once often serveth for all and destroyeth all This I leave to the consideration of the members of the late long Parliament and their adherents and likewise this difficult question which hath perplexed many honest men although few of this age do ever stick at it