Front Page Titles (by Subject) THAT THE INTENTION IS JUDGE OF OUR ACTIONS. - Essays of Montaigne, Vol. 1
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THAT THE INTENTION IS JUDGE OF OUR ACTIONS. - Michel de Montaigne, Essays of Montaigne, Vol. 1 
Essays of Montaigne, vol. 1, trans. Charles Cotton, revised by William Carew Hazlett (New York: Edwin C. Hill, 1910).
Part of: Essays of Montaigne, in 10 vols.
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THAT THE INTENTION IS JUDGE OF OUR ACTIONS.
’TIS A saying, “That death discharges us of all our obligations.” I know some who have taken it in another sense. Henry VII., King of England, articled with Don Philip, son to Maximilian the emperor, or (to place him more honorably) father to the Emperor Charles V., that the said Philip should deliver up the Duke of Suffolk of the White Rose, his enemy, who was fled into the Low Countries, into his hands; which Philip accordingly did, but upon condition, nevertheless, that Henry should attempt nothing against the life of the said Duke; but coming to die, the king in his last will commanded his son to put him to death immediately after his decease. And lately, in the tragedy that the Duke of Alva presented to us in the persons of the Counts Horn and Egmont at Brussels, there were very remarkable passages, and one amongst the rest, that Count Egmont (upon the security of whose word and faith Count Horn had come and surrendered himself to the Duke of Alva) earnestly entreated that he might first mount the scaffold, to the end that death might disengage him from the obligation he had passed to the other. In which case, methinks, death did not acquit the former of his promise, and that the second was discharged from it without dying. We cannot be bound beyond what we are able to perform, by reason that effect and performance are not at all in our power, and that, indeed, we are masters of nothing but the will, in which, by necessity, all the rules and whole duty of mankind are founded and established: therefore Count Egmont, conceiving his soul and will indebted to his promise, although he had not the power to make it good, had doubtless been absolved of his duty, even though he had outlived the other; but the King of England wilfully and premeditately breaking his faith, was no more to be excused for deferring the execution of his infidelity till after his death than the Mason in Herodotus, who having inviolably, during the time of his life, kept the secret of the treasure of the King of Egypt, his master, at his death discovered it to his children.
I have taken notice of several in my time, who, convicted by their consciences of unjustly detaining the goods of another, have endeavored to make amends by their will, and after their decease; but they had as good do nothing, as either in taking so much time in so pressing an affair, or in going about to remedy a wrong with so little dissatisfaction or injury to themselves. They owe, over and above, something of their own; and by how much their payment is more strict and incommodious to themselves, by so much is their restitution more just and meritorious. Penitency requires penalty; but they yet do worse than these, who reserve the declaration of a mortal animosity against their neighbor to the last gasp, having concealed it during their life; wherein they manifest little regard of their own honor, irritating the party offended in their memory; and less to their conscience, not having the power, even out of respect to death itself, to make their malice die with them, but extending the life of their hatred even beyond their own. Unjust judges, who defer judgment to a time wherein they can have no knowledge of the cause! For my part, I shall take care, if I can, that my death discover nothing that my life has not first and openly declared.