Selected quad for the lemma: power_n
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A38620
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The falshood of human virtue a moral essay / done out of French.; Fausseté des vertus humaines. English
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Esprit, Mr. (Jacques), 1611-1678.
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1691
(1691)
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Wing E3277; ESTC R3094
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107,156
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314
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far from being a Vertue that it is in him the extinction of all Royal Vertues as being a quality so mischievous to his Dominions that it is the most general cause of their Ruin It is an ignorance of the use and necessity of Justice Without which says St. Austin Commonwealths and Empires are but numerous Societies of Robbers 'T is a false and ill-extended Goodness a cruel Lenity and a vitious Indifference in reference to public Order and Repose Such was the Clemency which Titus affected after he obtained the Empire nor can we forbear notwithstanding his being call'd The Delight of Mankind to censure the Oath which he swore Never to put any man to Death which was an Oath by which he was engaged in the sight of Heaven to be the Protector of Robbers and Homicides to authorize all sorts of Attempts and Conspiracies and to ranverse and destroy the Empire As for that Oath which Nerva took at his first reception into the Senate that he would never suffer any Senator to be condemn'd to Death for any Crime whatsoever it was only a sneaking Compliment which he put upon the Senators disapprov'd by themselves and which gave occasion to the Roman Consul to utter this generous Expression 'T is a great Misfortune to Live under a Prince that oppresses his Subjects and commands them as his Slaves But it is a much greater Misery to Live under a Prince that gives them their full swinge and prostitutes all things to their Licentious Pleasure If therefore we desire to know the real cause of the Clemency of these two Emperors we shall find it to be only a secret Fear of being destroy'd by the Factions of the Great Men or massacr'd by the People as almost all their Predecessors had been For Vitellius Otho Nero and Caligula who all preceded Titus had every one suffer'd untimely Deaths by that means and Nerva ascending the Throne found it besmear'd with the Blood of Domitian And this we shall find to be true especially in respect of Titus when we consider that Mildness was by no means his Natural temper for his Consulship was so cruel that it was publickly said That if he succeeded in the Empire he would prove a second Nero. But notwithstanding that there are several false kinds of Clemency it does not hinder but that there may be a real sort of Clemency and that this real and vertuous Clemency may be a great Ornament to a Soveraign Prince The true Characters whereof are as follow Now we know that altho the proper function of Clemency is either absolutely to remit those punishments which Offenders have deserv'd or to remit something of their rigour and so all that are in Authority and have power to punish may in some measure be said to be Merciful Nevertheless in regard that Fathers and Tutors have no other Punishment at their disposal then only such as are call'd Chastisements since they who have the power of Life and Death as the Judges are not able to hinder the effects of their Sentences and therefore that only Soveraign Princes have only power to save those whom the Law has condemn'd to Dye all the World must grant That Clemency is the Vertue of Kings Fortune said Cicero to Caesar could do nothing greater for Thee then to make Thee Master of the Lives of Men. And the Goodness of thy Natural temper can inspire Thee with nothing more generous then with a Will to make use of thy Power to the ease of the Distressed So that Clemency may well be call'd the last Refuge of Man For in regard the Laws are deaf severe and inexorable the condition of Man says Livy would be extreamly unhappy if being so frail as it is there were no way to escape their Rigour but by Innocency This weakness and frailty of Man is the first foundation of the Royal Clemency For upon many occasions that touch him to the quick and surprize him as for example when a Man sees his Brother slain before his eyes such a sight so strongly moves his natural Affection that he pursues the Murâ—herers like a Madman even to the exposing of his own Life This is therefore that which a Clement Prince considers for as he is always disposed graciously toâ—â—lend an Ear to all that may excuse a suppliant Criminal he willingly admits such an allegation that the Oftender kill'd the Man only to revenge his Brothers Death that he had not time to consult his reason upon so short a warning and 〈◊〉 he was transported by his Natural Affections Crimes also committed by accident and misfortune are a second ground of Royal Clemency For if Crimes voluntarily committed may be thought to deserve Pardon because the force of Natural Affection has constrain'd the Will into Action with much more reason ought those Crimes to be pardon'd which a man commits contrary to his Intention as the French Gentleman who shooting at a Wild Boar kill'd his near Kinsman and one of his dearest Friends Justice also is a third ground of Royal Clemency For they justly exercise it in favour of those Offenders whose Crimes are less than the Services which they have done the Public and some regard may be also had to the Deserts of their Ancestors For Punishments as Plato has observ'd were not ordain'd to prevent the Criminal Acts since all the severity of Law and all the power of Soveraignty cannot prevent their being committed nor does Justice in the Sentences of Death propose the Amendment of those that are executed Therefore the Legislators had no other aim in ordering the Punishments of Crimes than to procure the public Good that is to terrifie the Wicked and prevent Honest people from being debauch'd by their bad example So that as the Public Interest excuses the Cruelty of the Law and all Men approve the Executing of Robbers and notorious Villains The same Public Good justifies the Clemency of Princes in saving from an ignominious Death such as have signaliz'd themselves in Defence of their King and Country by which means their good Service has been more beneficial to the Kingdom than the Fact which they committed or the bad Example given was ever prejudicial There was something of particular rarity in the Clemency of Theodosius For he punish'd his Anger by his Clemency and never fail'd to make use of it towards those that had incens'd him even to transportment So that they were sure to be pardon'd the Offences which they committed against him who had but the Address to provoke him to Rage As for the Character of true Clemency by which we may know and distinguish it from that which is false Cicero tells us That real Clemency agrees with Justice A Wise Prince said the Stoics ought not to have that effeminate Pity which cannot endure the Punishment of Offenders rather he ought to preser the wholesom Rigour of the Law before the Dictates of a tendâ—â— Disposition But because the Moral Vertues are only imperfect Vertues and for