The Modern Statesman, Chapter 23
CHAP. XXIII.
Of Juſtice, and the Roman practice of it.
IT would be a thing of the ſmalleſt concernment both to know and chooſe what is good and to accomodate our actions to the exact circumſtances of place, time, and perſons, unleſs we ſhould acknowledge our ſelves obliged to vertuous actions, and to a total obedience of all her lawes, which is Juſtices part to teach, whoſe praiſe were more proper for a prolix Oration than the narrow limits of our diſcourſe. Ariſtotle in brief calls it, foreign, the beſt of the vertues, And Plato foreign, that neither the morning nor evening Star are ſo admirable. Cicero in l. 3. offic. Justitia eſt virtus excellentiſſima, & ſplendidiſſima, omnium virtutum regina, ac domina. And Scalig. Exercit. 307. Sect. 3. Justitia est conſervatrix conjunctionis humanae, quae conjunctio ad beatitudinem magna v…a eſt. Indeed it is the uſe of other vertues towards others; foreign. For as the Philoſopher, there are many that can be vertuous for their own concernment, who in other mens will faulter. Therefore as Cicero, Juſtitia foras ſpectat, totamque ſe ad alienas utilitates porrigit▪ atque explicat. Juſtice will teach them to act vertuouſly towards others. It is foreign, a good to others, and indeed the moſt beautiful, perfect, and beſt vertue. For he is the moſt vertuous foreign, who is good to others; here lies the point; hic labor hoc opus est, To make profit, pleaſure, revenge, &c. give the way to vertue, to right and equity.
It is called by the Greeks foreign, by the Latines Juſtitia, and it is either general which conſiſts in a vertuous obedienee of all lawes tending to the preſervation of humane ſociety, and this is foreign an univerſall vertue, according to that of the Proverb, —foreign Or particular, which is a keeping a mean and aequality in all thoſe things in which adverſity or proſperity hath to do, or wherein fortune rules; to give the definition of both according to Ariſtotle, foreign, it is an habit apting men to juſt actions, whereby they are enabled to do, and will juſt things.
Nowfor to handle this at large, I ſuppoſe would be to little purpoſe, there being none that perceive not that it is the chief duty, as being of general concernment, of the Magiſtrate to look well to the exerciſe of this vertue: I ſhall onelyonly therefore hint in ſome caſes which are eſſentiall to the welbeing of a State.
As firſt in caſes of publick danger, the particular members of a State are bound in juſtice to help the publick with their private stocks, thus we ſhall find in the Roman State▪ Liv. dec. 3. l. 6. They brought in all their Gold, Silver, and coined Braſs, reſerving only enough for an Ornament of diſtinction, and for the publick ſervice of their Gods, into the Common treaſury, and you ſhall have a motive, Reſpublicaincolumis & privatas res facile ſalvas praestet: publica prodendo tua nequicquam ſerves.
Secondly, the Magiſtrate, after the danger is paſt, is in Juſtice bound to ſee theſe publick debts ſati…fyed, there being nothing more to be preſerved inviolable than the publick faith: Beſides Prudence teaches this, for if the people perceive them negligent in their publick truſt, it will make them refractory, and careleſs in their private duties. We ſhall inſtance no further than in trading, a man once breaking his word, will never be truſted upon his bond, and it would be a ſad plunge to put a State to get another State to be bound for them, and an impoſſibilty to find any private ſecurity for ſuch large ſums.
The third thing required by Juſtice is, That the Magistrate ought not in the leaſt to incroach upon the right of particular perſons, further than the common neceſſity or good requires: thus in the beforementioned place we ſhall find, that firſt the Conſuls, then the Senate, then the Roman Knights brought in their Gold, &c. They were examples to the people, not exactors upon them. And to ſay the truth, the Magiſtrate is intruſted for the publick good, and it is not in his power to do a private injury, they are Gods Subſtitutes, whoſe glorious attribute it is, That he cannot do injuſtice and the Peoples Trustees, to rule for their good: now grant that they may extrajudicially take away one mans right, and it will follow that they may take away any mans, and all mens.
The fourth thing is, Inviolably to obſerve all Leagues, Treaties, and Publick promiſes with Foreiners: This will make them be believ'd, lov'd, and honored abroad. Thus we ſhall ſee that the Romans in defence of, and revenge for their Allyes of Saguntum, undertook that long, bloody, and almoſt fatal ſecond Punick war; nay and when Hannibal was in the heart of Italy, yet ſent they Armies into Spain, and upon the firſt opportunity reſtored that City, gathered the ſcattered Inhabitants, bought thoſe that were ſlaves, and took a ſharp revenge upō their borderers, even to the final ruin of the Nation which had been inſtrumental in their miſeries. Thus ſhall we ſee them reſtore the Kingdom of Egypt to Ptolomy their Ally, when driven out by a popular inſurrection, nay and preſerve it in his ſons, whom he by Will left to their protection, in ſpight of the force and ambition of the great Antiochus. Thus made them honourable, and procured them faſt Friends, and ſo it will any State that practiſes after their Copy.
The fifth thing is, To have a ſacred reſpect to the Perſons of Ambaſſadours, and Agents; who are indeed the Miniſters of peace; and indeed there can be nothing more brutiſh, and leſſe manly, than to affront and violate theſe Doves which bring Olive branches in their mouthes, whom the Law of Nations gives protection to: thus ſhall we find the Romans taking no where ſo ſharp a revenge as upon Corinth, which had abuſed their Ambaſſadors: and when they for reſpect to Ambuſtius (who being an Ambaſſador to the Gauls, had contrary to the Law of Nations taken arms and fought againſt them) denyed to deliver him up as the Faeciales their Heralds a arms had counſel'd, in the ſack of their City they paid the reward of ſlighting this ſacred Law, and had neer loſt all by the unjuſt endeavoring to preſerve one offender from Justice.
The ſixth thing is, To endeavour first by fair means for ſatisfaction, and if theſe will not prevail, then to ſend them a publick Defiance: This the Romans conſtantly practiſed, as to inſtance once for all, Liv. d. 4. l. 6. Conſul deinde M. Acilius ex S. c. ad collegium Faecialium retulit, ipſine utique regi Antiocho indiceretur bellum? an ſatis eſſet ad praeſidium aliquod ejus nunciare? et num Aetolis quoque ſeparatim indici juberunt bellum? et num prius ſocietas eis et amicitia renuncianda eſſet, quam bellum indicendum? Faeciales reſponderunt, jam ante ſeſe, cum de Philippo Conſulerentur, decreviſſe nihil referre ipſi coram an ad praeſidium nunciaretur, amicitiam renunciatam videri, cum legatis toties repetentibus res, nec reddi, nec ſatisfieri aequum cenſuiſſent; Aetolos ultro ſibi bellum indixiſſe, cum Demetriadem ſociorum urbem per vim occupaſſent, &c.
The ſeventh is, Honourably to reward their own Citizens who deſerve well. And there can be …o greater ſpur to vertue, nor a better way to propagate and increaſe it. Thus we ſhall ſee what Tryumphs, what Ovations, what Crowns were conferred on victorious Generalls, and valiant Souldiers; as he that preſerved the life of a Citizen had an Oaken Crown, and he that firſt gain'd the top of the wall, a Mural one, by the Roman State.
The eight is, Duly and juſtly to pay thoſe that ſerve them. And this will render them well-beloved, and well followed; and though they make uſe onelyonly of their own Citizens, yet ought theſe to be well paid who gallantly venture their lives; ſhall they be liberal of their blood, and ſhall others be niggardly of their purſes? beſides, they leave their callings, and all other means of providing maintenance. Thus was their a conſtant proviſion of lands among the Romans for thoſe that had fulfilled their time of warfare, neither ſhall we ever find a mutiny for want of pay; and our Saviour tells us, No man goeth to a warfare on his own charge.
The ninth is, To have a tender regard of their Widdowes and Orphans, who have nobly loſt their lives in their Countrey's defence. Shall we enjoy reſt, and abundance, & ſee theirs periſhing for want by whoſe valour we have been preſerved? beſides, it is a great diſcouragement to others to venture their lives for us, when they ſhall ſee ſuch a calamity in their deaths ready to ceaſe the deareſt pledges of their ſouls. Thus the Romans provided them portions out of the publick Stock.
The tenth is, To have the like regard of ſuch men and their families, who have liberally layd out their own estates in the publick ſervice, or have been ſo publickly minded, as that they have not regarded their private benefit. Thus did the Romans often bury great and noble Captains, who di'd poor, on the public charge, and beſtow their Daughters according to their qualities.
The eleventh is, To Crown the Memories of thoſe who had done publick ſervice, with Statues, and tryumphant Arches, which was every where to be ſeen in that noble and grateful City of Rome. And as theſe are juſt, neceſſary, of good concernment for the nouriſhing of noble ſpirits, and producing brave actions, ſo on the other ſide it will be the ſame.
Twelfly, Severely to puniſh all incendaries, ſeditious, trayterous, and cowardly perſons, and that firſt to amend ſuch, ſecondly to keep the publick authority from contempt, thirdly to terrifie others by their examples. Thus Seneca, Ni mia enim licentia adverſus malos, crudelitas eſt adverſus bonos. And Cicero, Quare ita probanda est manſuetudo, ut adhibeatur Reipublicae cauſa ſeveritas, ſine qua administrari civitas non poteſt. And indeed obſta principiis, to nip ſuch practices in the bud, is the ſafeſt way, which by connivency may grow to ſuch an height as it will be hard to reſiſt: a ſmall ſpark unregarded may kindle a flame that ſhall burn a City: and the Romans were ſo careful in this, that the greateſt ſervices, and nobleſt extraction could not turn the Scale of Juſtice, as in Manlius Capitolinus, Saturninus, Tiberius and Caius Gracchus, Catiline, Lentulus, Cethegus, &c.
Laſtly, To take an exact account of thoſe that ſhall embeazle or purloin the Publick treaſure; tyrannize and oppreſſe the people under their charge. For connivency in ſuch caſes will be of very bad conſequence, both in keeping the publick poor and behind-hand, in making Officers Knaves, and wicked, and in undoing, diſheartning and enraging the people: therefore we ſhall find the Romans very ſtrict in this point, often calling to account and condemning, even ſome very eminent for other deſerts, as in Scipio Aſiaticus, Marcellus, and thoſe noble Orations of Tully againſt Verres. And indeed this is the onelyonly means to preſerve peace and plenty; for a poor people will be alwaies buſling, and an oppreſſed careleſs to gather, or play the good huſbands, not knowing how long they ſhall enjoy their own. Therefore Boaetius excellently ſaies, Annuum bonum, non tam de magnis fructibus, quam de juſte regnantibus existimandum, the one will quickly be devoured without the other.