The humanity and excellence of this virtue is confessed
at all hands, as well by the men of pleasure,
and those that think every man was made for himself,
as by the Stoics, that make “man a sociable
creature, and born for the common good of mankind:”
for it is of all dispositions the most peaceable
and quiet. But before we enter any farther upon
the discourse, it should be first known what clemency
is, that we may distinguish it from pity; which is a
weakness, though many times mistaken for a virtue:
and the next thing will be, to bring the mind to the
habit and exercise of it.
“Clemency is a favorable disposition of the mind,
in the matter of inflicting punishment; or, a moderation
that remits somewhat of the penalty incurred;
as pardon is the total remission of a deserved punishment.”
We must be careful not to confound
clemency with pity; for as religion worships God,
and superstition profanes that worship; so should we
distinguish betwixt clemency and pity; practicing
the one, and avoiding the other. For pity proceeds
from a narrowness of mind, that respects rather the
fortune than the cause. It is a kind of moral sickness,
contracted from other people’s misfortune:
such another weakness as laughing or yawning for
company, or as that of sick eyes that cannot look
upon others that are bleared without dropping themselves.
I will give a shipwrecked man a plank, a
lodging to a stranger, or a piece of money to him
that wants it: I will dry up the tears of my friend,
yet I will not weep with him, but treat him with
constancy and humanity, as one man ought to treat
another.
It is objected by some, that clemency is an insignificant
virtue; and that only the bad are the better
for it, for the good have no need of it. But in the
first place, as physic is in use only among the sick,
and yet in honor with the sound, so the innocent
have a reverence for clemency, though criminals are
properly the objects of it. And then again, a man
may be innocent, and yet have occasion for it too;
for by the accidents of fortune, or the condition of
times, virtue itself may come to be in danger. Consider
the most populous city or nation; what a solitude
would it be if none should be left there but those
that could stand the test of a severe justice! We
should have neither judges nor accusers; none either
to grant a pardon or to ask it. More or less, we are
all sinners; and he that has best purged his conscience,
was brought by errors to repentance. And
it is farther profitable to mankind; for many delinquents
come to be converted. There is a tenderness
to be used even toward our slaves, and those
that we have bought with our money: how much
more then to free and to honest men, that are rather
under our protection than dominion! Not that I
would have it so general neither as not to distinguish
betwixt the good and the bad; for that would
introduce a confusion, and give a kind of encouragement
to wickedness. It must therefore have a respect
to the quality of the offender, and separate the
curable from the desperate; for it is an equal cruelty
to pardon all and to pardon none. Where the matter
is in balance, let mercy turn the scale: if all wicked
men should be punished, who should escape?
Though mercy and gentleness of nature keeps all
in peace and tranquillity, even in a cottage; yet it is
much more beneficial and conspicuous in a palace.
Private men in their condition are likewise private
in their virtues and in their vices; but the words
and the actions of princes are the subject of public
rumor; and therefore they had need have a care,
what occasion they give people for discourse, of
whom people will be always a talking. There is the
government of a prince over his people, a father over
his children, a master over his scholars, an officer
over his soldiers. He is an unnatural father, that
for every trifle beats his children. Who is the better
master, he that rages over his scholars for but missing
a word in a lesson, or he that tries, by admonition
and fair words, to instruct and reform them?
An outrageous officer makes his men run from their
colors. A skilful rider brings his horse to obedience
by mingling fair means with foul; whereas to be
perpetually switching and spurring, makes him
vicious and jadish: and shall we not have more care
of men than of beasts? It breaks the hope of generous
inclinations, when they are depressed by servility
and terror. There is no creature so hard to be
pleased with ill usage as man.
Clemency does well with all but best with princes;
for it makes their power comfortable and beneficial,
which would otherwise be the pest of mankind. It
establishes their greatness, when they make the
good of the public their particular care, and employ
their power for the safety of the people. The prince,
in effect, is but the soul of the community, as the
community is only the body of the prince; so that
being merciful to others, he is tender of himself:
nor is any man so mean but his master feels the
loss of him, as a part of his empire: and he takes
care not only of the lives of his people, but also of
their reputation. Now, giving for granted that all
virtues are in themselves equal, it will not yet be
denied, that they may be more beneficial to mankind
in one person than in another. A beggar may
be as magnanimous as a king: for what can be
greater or braver than to baffle ill fortune? This
does not hinder but that a man in authority and
plenty has more matter for his generosity to work
upon than a private person; and it is also more taken
notice of upon the bench than upon the level.
When a gracious prince shows himself to his
people, they do not fly from him as from a tiger that
rouses himself out of his den, but they worship him
as a benevolent influence; they secure him against
all conspiracies, and interpose their bodies betwixt
him and danger. They guard him while he sleeps,
and defend him in the field against his enemies.
Nor is it without reason, this unanimous agreement
in love and loyalty, and this heroical zeal of abandoning
themselves for the safety of their prince;
but it is as well the interest of the people. In the
breath of a prince there is life and death; and his
sentence stands good, right or wrong. If he be
angry, nobody dares advise him; and if he does
amiss, who shall call him to account? Now, for him
that has so much mischief in his power, and yet applies
that power to the common utility and comfort
of his people, diffusing also clemency and goodness
into their hearts too, what can be a greater blessing
to mankind than such a prince? Any man may kill
another against the law, but only a prince can save
him so. Let him so deal with his own subjects as
he desires God should deal with him. If Heaven
should be inexorable to sinners, and destroy all
without mercy, what flesh could be safe?
But as the faults of great men are not presently
punished with thunder from above, let them have a
like regard to their inferiors here upon earth. He
that has revenge in his power, and does not use it,
is the great man. Which is the more beautiful and
agreeable state, that of a calm, a temperate, and a
clear day; or that of lightning, thunder, and tempests?
and this is the very difference betwixt a moderate
and turbulent government. It is for low and
vulgar spirits to brawl, storm, and transport themselves:
but it is not for the majesty of a prince to
lash out into intemperance of words. Some will
think it rather slavery than empire to be debarred
liberty of speech: and what if it be, when government
itself is but a more illustrious servitude?
He that uses his power as he should, takes as
much delight in making it comfortable to his people
as glorious to himself. He is affable and easy of
access; his very countenance makes him the joy of
his people’s eyes, and the delight of mankind. He
is beloved, defended, and reverenced by all his subjects;
and men speak as well of him in private as in
public. He is safe without guards, and the sword is
rather his ornament than his defence. In his duty,
he is like that of a good father, that sometimes
gently reproves a son, sometimes threatens him;
nay, and perhaps corrects him: but no father in his
right wits will disinherit a son for the first fault;
there must be many and great offences, and only
desperate consequences, that should bring him to
that decretory resolution. He will make many experiments
to try if he can reclaim him first, and
nothing but the utmost despair must put him upon
extremities.
It is not flattery that calls a prince the father of
his country; the titles of great and august are matter
of compliment and of honor; but in calling him
father, we mind him of that moderation and indulgence
which he owes to his children. His subjects
are his members; where, if there must be an amputation,
let him come slowly to it; and when the part
is cut off, let him wish it were on again: let him
grieve in the doing of it. He that passes a sentence
hastily, looks as if he did it willingly; and then
there is an injustice in the excess.
It is a glorious contemplation for a prince, first to
consider the vast multitudes of his people, whose
seditious, divided, and impotent passions, would
cast all in confusion, and destroy themselves, and
public order too, if the hand of government did not
restrain them; and thence to pass the examination
of his conscience, saying thus to himself, “It is
by the choice of Providence that I am here made
God’s deputy upon earth, the arbitrator of life and
death; and that upon my breath depends the fortune
of my people. My lips are the oracles of their fate,
and upon them hangs the destiny both of cities and
of men. It is under my favor that people seek either
for prosperity or protection: thousands of swords
are drawn or sheathed at my pleasure. What
towns shall be advanced or destroyed; who shall be
slaves, or who free, depends upon my will; and yet,
in this arbitrary power of acting without control, I
was never transported to do any cruel thing, either
by anger or hot blood in myself or by the contumacy,
rashness, or provocations of other men; though
sufficient to turn mercy itself into fury. I was never
moved by the odious vanity of making myself
terrible by my power, (that accursed, though common
humor of ostentation and glory that haunts imperious
natures.) My sword has not only been
buried in the scabbard, but in a manner bound to
the peace, and tender even of the cheapest blood:
and where I find no other motive to compassion,
humanity itself is sufficient. I have been always
slow to severity, and prone to forgive; and under as
strict a guard to observe the laws as if I were
accountable for the breaking of them. Some I pardoned
for their youth, others for their age. I spare
one man for his dignity, another for his humility;
and when I find no other matter to work upon, I
spare myself. So that if God should at this instant
call me to an account, the whole world agree to witness
for me, that I have not by any force, either
public or private, either by myself or by any other,
defrauded the commonwealth; and the reputation
that I have ever sought for has been that which few
princes have obtained, the conscience of my proper
innocence. And I have not lost my labor neither;
for no man was ever so dear to another, as I have
made myself to the whole body of my people.”
Under such a prince the subjects have nothing to
wish for beyond what they enjoy; their fears are
quieted, and their prayers heard, and there is nothing
can make their felicity greater, unless to make
it perpetual; and there is no liberty denied to the
people but that of destroying one another.
It is the interest of the people, by the consent of
all nations, to run all hazards for the safety of their
prince, and by a thousand deaths to redeem that one
life, upon which so many millions depend. Does
not the whole body serve the mind, though only the
one is exposed to the eye and the other not, but thin
and invisible, the very seat of it being uncertain?
Yet the hands, feet, and eyes, observe the motions
of it. We lie down, run about and ramble, as that
commands us. If we be covetous, we fish the seas
and ransack the earth for treasure: if ambitious, we
burn our own flesh with Scævola; we cast ourselves
into the gulf with Curtius: so would that vast multitude
of people, which is animated but with one
soul, governed by one spirit, and moved by one
reason, destroy itself with its own strength, if it
were not supported by wisdom and government.
Wherefore, it is for their own security that the
people expose their lives for their prince, as the
very bond that ties the republic together; the vital
spirit of so many thousands, which would be nothing
else but a burden and prey without a governor.
When this union comes once to be dissolved, all
falls to pieces; for empire and obedience must stand
and fall together. It is no wonder then if a prince
be dear to his people, when the community is wrapt
up in him, and the good of both as inseparable as
the body and the head; the one for strength, and
the other for counsel; for what signifies the force of
the body without the direction of the understanding?
While the prince watches, his people sleep; his labor
keeps them at ease, and his business keeps them
quiet. The natural intent of monarchy appears even
from the very discipline of bees: they assign to their
master the fairest lodgings, the safest place; and his
office is only to see that the rest perform their duties.
When their king is lost, the whole swarm dissolve:
more than one they will not admit; and then
they contend who shall have the best. They are of
all creatures the fiercest for their bigness; and leave
their stings behind them in their quarrels; only the
king himself has none, intimating that kings should
neither be vindictive nor cruel.
Is it not a shame, after such an example of moderation
in these creatures, that men should be yet
intemperate? It were well if they lost their stings
too in their revenge, as well as the other, that they
might hurt but once, and do no mischief by their
proxies. It would tire them out, if either they were
to execute all with their own hands, or to wound
others at the peril of their own lives.
A prince should behave himself generously in the
power which God has given him of life and death,
especially towards those that have been at any time
his equals; for the one has his revenge, and the
other his punishment in it. He that stands indebted
for his life has lost it; but he that receives his life at
the foot of his enemy, lives to the honor of his preserver:
he lives the lasting monument of his virtue;
whereas, if he had been led in triumph, the spectacle
would have been quickly over. Or what if he should
restore him to his kingdom again? would it not be
an ample accession to his honor to show that he
found nothing about the conquered that was worthy
of the conqueror? There is nothing more venerable
than a prince that does not revenge an injury. He
that is gracious is beloved and reverenced as a common
father; but a tyrant stands in fear and in
danger even of his own guards. No prince can be
safe himself of whom all others are afraid; for to
spare none is to enrage all. It is an error to imagine
that any man can be secure that suffers
nobody else to be so too. How can any man endure
to lead an uneasy, suspicious, anxious life, when he
may be safe if he please, and enjoy all the blessings
of power, together with the prayers of his people?
Clemency protects a prince without a guard; there
is no need of troops, castles, or fortifications: security
on the one side is the condition of security on
the other; and the affections of the subject are the
most invincible fortress. What can be fairer, than
for a prince to live the object of his people’s love;
to have the vows of their heart as well as of their
lips, and his health and sickness their common
hopes and fears? There will be no danger of plots;
nay, on the contrary, who would not frankly venture
his blood to save him, under whose government,
justice, peace, modesty, and dignity flourish?
under whose influence men grow rich and happy;
and whom men look upon with such veneration, as
they would do upon the immortal gods, if they were
capable of seeing them? And as the true representative
of the Almighty they consider him, when he
is gracious and bountiful, and employs his power to
the advantage of his subjects.
When a prince proceeds to punishment, it must
be either to vindicate himself or others. It is a hard
matter to govern himself in his own case. If a man
should advise him not to be credulous, but to examine
matters, and indulge the innocent, this is
rather a point of justice than of clemency: but in
case that he be manifestly injured, I would have
him forgive, where he may safely do it: and be tender
even where he cannot forgive; but far more exorable
in his own case, however, than in another’s.
It is nothing to be free of another man’s purse,
and it is as little to be merciful in another man’s
cause. He is the great man that masters his passion
where he is stung himself, and pardons when he
might destroy. The end of punishment is either to
comfort the party injured, or to secure him for the
future. A prince’s fortune is above the need of such
a comfort, and his power is too eminent to seek an
advance of reputation by doing a private man a
mischief. This I speak in case of an affront from
those that are below us; but he that of an equal has
made any man his inferior, has his revenge in the
bringing of him down. A prince has been killed by
a servant, destroyed by a serpent: but whosoever
preserves a man must be greater than the person
that he preserves. With citizens, strangers, and
people of low condition, a prince is not to contend,
for they are beneath him: he may spare some out of
good will, and others as he would do some little
creatures that a man cannot touch without fouling
his fingers: but for those that are to be pardoned or
exposed to public punishment, he may use mercy as
he sees occasion; and a generous mind can never
want inducements and motives to it; and whether it
be age or sex, high or low, nothing comes amiss.
To pass now to the vindication of others, there
must be had a regard either to the amendment of
the person punished, or the making others better for
fear of punishment, or the taking the offender out
of the way for the security of others. An amendment
may be procured by a small punishment, for he
lives more carefully that has something yet to lose—it
is a kind of impunity to be incapable of a farther
punishment. The corruptions of a city are best
cured by a few and sparing severities; for the multitude
of offenders creates a custom of offending,
and company authorizes a crime, and there is
more good to be done upon a dissolute age by
patience than by rigor; provided that it pass not
for an approbation of ill-manners, but only as an
unwillingness to proceed to extremities. Under a
merciful prince, a man will be ashamed to offend,
because a punishment that is inflicted by a gentle
governor seems to fall heavier and with more reproach:
and it is remarkable also, that “those sins
are often committed which are very often punished.”
Caligula, in five years, condemned more people to
the sack than ever were before him: and there were
“fewer parricides before the law against them than
after;” for our ancestors did wisely presume that the
crime would never be committed, until by law for
punishing it, they found that it might be done.
Parricides began with the law against them, and
the punishment instructed men in the crime. Where
there are few punishments, innocency is indulged as
a public good, and it is a dangerous thing to show a
city how strong it is in delinquents. There is a certain
contumacy in the nature of man that makes
him oppose difficulties. We are better to follow than
to drive; as a generous horse rides best with an easy
bit. People obey willingly where they are commanded
kindly.
When Burrhus the prefect was to sentence two
malefactors, he brought the warrant to Nero to sign;
who, after a long reluctancy came to it at last with
this exclamation: “I would I could not write!” A
speech that deserved the whole world for an auditory,
but all princes especially; and that the hearts
of all the subjects would conform to the likeness of
their masters. As the head is well or ill, so is the
mind dull or merry. What is the difference betwixt
a king and a tyrant, but a diversity of will under
one and the same power. The one destroys for his
pleasure, the other upon necessity; a distinction
rather in fact than in name.
A gracious prince is armed as well as a tyrant;
but it is for the defence of his people and not for the
ruin of them. No king can ever have faithful servants
that accustoms them to tortures and executions;
the very guilty themselves do not lead so
anxious a life as the persecutors: for they are not
only afraid of justice, both divine and human, but it
is dangerous for them to mend their manners; so
that when they are once in, they must continue to be
wicked upon necessity. An universal hatred unites
in a popular rage. A temperate fear may be kept
in order; but when it comes once to be continual
and sharp, it provokes people to extremities, and
transports them to desperate resolutions, as wild
beasts when they are pressed upon the toil, turn
back and assault the very pursuers. A turbulent
government is a perpetual trouble both to prince and
people; and he that is a terror to all others is not
without terror also himself. Frequent punishments
and revenges may suppress the hatred of a few, but
then it stirs up the detestation of all, so that there is
no destroying one enemy without making many.
It is good to master the will of being cruel, even
while there may be cause for it, and matter to work
upon.
Augustus was a gracious prince when he had the
power in his own hand; but in the triumviracy he
made use of his sword, and had his friends ready
armed to set upon Antony during that dispute. But
he behaved himself afterwards at another rate; for
when he was betwixt forty and fifty years of age he
was told that Cinna was in a plot to murder him,
with the time, place and manner of the design; and
this from one of the confederates. Upon this he
resolved upon a revenge, and sent for several of his
friends to advise upon it. The thought of it kept
him waking, to consider, that there was the life of a
young nobleman in the case, the nephew of Pompey,
and a person otherwise innocent. He was off and
on several times whether he should put him to death
or not. “What!” says he, “shall I live in trouble
and in danger myself, and the contriver of my death
walk free and secure? Will nothing serve him but
that life which Providence has preserved in so many
civil wars—in so many battles both by sea and land;
and now in the state of an universal peace too—and
not a simple murder either, but a sacrifice; for I am
to be assaulted at the very altar—and shall the contriver
of all this villainy escape unpunished?” Here
Augustus made a little pause, and then recollecting
himself: “No, no, Cæsar,” says he, “it is rather
Cæsar than Cinna that I am to be angry with:
why do I myself live any longer after that my death
is become the interest of so many people? And if I
go on, what end will there be of blood and of
punishment? If it be against my life that the
nobility arm itself, and level its weapons, my
single life is not worth the while, if so many must
be destroyed that I may be preserved.”
His wife Livia gave him here an interruption, and
desired him that he would for once hear a woman’s
counsel. “Do,” says she, “like a physician, that
when common remedies fail, will try the contrary:
you have got nothing hitherto by severity—after
Salvidianus there followed Lepidus—after him
Muræna—Cæpio followed him, and Egnatius followed
Cæpio—try now what mercy will do—forgive
Cinna. He is discovered, and can do no hurt to
your person; and it will yet advantage you in your
reputation.” Augustus was glad of the advice, and
he gave thanks for it; and thereupon countermanded
the meeting of his friends, and ordered Cinna to be
brought to him alone; for whom he caused a chair
to be set, and then discharged the rest of the company.
“Cinna,” says Augustus, “before I go any
farther, you must promise not to give me the interruption
of one syllable until I have told you all I
have to say, and you shall have liberty afterwards
to say what you please. You cannot forget, that
when I found you in arms against me, and not only
made my enemy, but born so, I gave you your life
and fortune. Upon your petition for the priesthood,
I granted it, with a repulse to the sons of those that
had been my fellow-soldiers; and you are at this day
so happy and so rich, that even the conquerors envy
him that is overcome; and yet after all this, you are
in a plot, Cinna, to murder me.” At that word Cinna
started, and interposed with exclamations, “that
certainly he was far from being either so wicked or
so mad.” “This is a breach of conditions, Cinna,”
says Augustus, “it is not your time to speak yet: I
tell you again, that you are in a plot to murder me;”
and so he told him the time, the place, the confederates,
the order and manner of the design, and who
it was that was to do the deed. Cinna, upon this,
fixed his eye upon the ground without any reply:
not for his word’s sake, but as in a confusion
of conscience: and so Augustus went on.
“What,” says he, “may your design be in all this? Is
it that you would pretend to step into my place?
The commonwealth were in an ill condition, if only
Augustus were in the way betwixt you and the
government. You were cast the other day in a
cause by one of your own freemen, and do you expect
to find a weaker adversary of Cæsar? But
what if I were removed? There is Æmilius Paulus,
Fabius Maximus, and twenty other families of great
blood and interest, that would never bear it.” To
cut off the story short; (for it was a discourse of
above two hours; and Augustus lengthened the punishment
in words, since he intended that should be
all;) “Well, Cinna,” says he, “the life that I gave
to you once as an enemy, I will now repeat it to a
traitor and to a parricide, and this shall be the last
reproach I will give you. For the time to come
there shall be no other contention betwixt you and
me, than which shall outdo the other in point of
friendship.” After this Augustus made Cinna consul,
(an honor which he confessed he durst not so much
as desire) and Cinna was ever affectionately faithful
to him: he made Cæsar his sole heir; and this was
the last conspiracy that ever was formed against
him.
This moderation of Augustus was the excellency
of his mature age; for in his youth he was passionate
and sudden; and he did many things which afterward
he looked back upon with trouble: after the
battle of Actium, so many navies broken in Sicily,
both Roman and strangers: the Perusian altars,
where 300 lives were sacrificed to the ghost of Julius;
his frequent proscriptions, and other severities; his
temperance at last seemed to be little more than a
weary cruelty. If he had not forgiven those that he
conquered, whom should he have governed? He
chose his very life-guard from among his enemies,
and the flower of the Romans owed their lives to his
clemency. Nay, he only punished Lepidus himself
with banishment, and permitted him to wear the
ensigns of his dignity, without taking the pontificate
to himself so long as Lepidus was living; for he
would not possess it as a spoil, but as an honor.
This clemency it was that secured him in his greatness,
and ingratiated him to the people, though he
laid his hand upon the government before they had
thoroughly submitted to the yoke; and this clemency
it was that made his name famous to posterity. This
is it that makes us reckon him divine without the
authority of an apotheosis. He was so tender and
patient, that though many a bitter jest was broken
upon him, (and contumelies upon princes are the
most intolerable of all injuries) yet he never punished
any man upon that subject. It is, then, generous
to be merciful, when we have it in our power
to take revenge.
A son of Titus Arius, being examined and found
guilty of parricide, was banished Rome, and confined
to Marseilles, where his father allowed him the
same annuity that he had before; which made all
people conclude him guilty, when they saw that his
father had yet condemned the son that he could not
hate. Augustus was pleased to sit upon the fact in
the house of Arius, only as a single member of the
council that was to examine it: if it had been in
Cæsar’s palace, the judgment must have been
Cæsar’s and not the father’s. Upon a full hearing
of the matter, Cæsar directed that every man should
write his opinion whether guilty or not, and without
declaring of his own, for fear of a partial vote.
Before the opening of the books, Cæsar passed an
oath, that he would not be Arius’s heir: and to show
that he had no interest in his sentence, as appeared
afterward; for he was not condemned to the ordinary
punishments of parricides, nor to a prison, but, by
the mediation of Cæsar, only banished Rome, and
confined to the place which his father should name;
Augustus insisting upon it, that the father should
content himself with an easy punishment: and arguing
that the young man was not moved to the
attempt by malice, and that he was but half resolved
upon the fact, for he wavered in it; and, therefore,
to remove him from the city, and from his father’s
sight, would be sufficient. This is a glorious mercy,
and worthy of a prince, to make all things gentler
wherever he comes.
How miserable is that man in himself, who, when
he has employed his power in rapines and cruelty
upon others, is yet more unhappy in himself! He
stands in fear both of his domestics and of strangers;
the faith of his friends and the piety of his children,
and flies to actual violence to secure him from the
violence he fears. When he comes to look about
him, and to consider what he has done, what he
must, and what he is about to do; what with the
wickedness, and with the torments of his conscience,
many times he fears death, oftener he wishes for it;
and lives more odious to himself than to his subjects;
whereas on the contrary, he that takes a care
of the public, though of one part more perhaps than
of another, yet there is not any part of it but he
looks upon as part of himself. His mind is tender
and gentle; and even where punishment is necessary
and profitable, he comes to it unwillingly, and without
any rancor or enmity in his heart. Let the
authority, in fine, be what it will, clemency becomes
it; and the greater the power, the greater is the
glory of it. “It is a truly royal virtue for a prince
to deliver his people from other men’s anger, and
not to oppress them with his own.”
Obvious typographical errors have been corrected silently. Other variations
in hyphenation, spelling and punctuation remain unchanged.