child Wherevpon he made the said Leideric knight and created him Earle of Flanders Now saith the historie that the eldest sonne of the said Earle being old inough to court ladies did meet before the court gates with a woman that had a small basket of fruit to sell which he tooke from her and carried vp vnto the gentlewomen The poore woman staied for money for her said fruit so long vntill it grew towards night and then departing homeward she lost her selfe in the forrest so as she could not find her house vntill the next morning when comming home she found her child dead for want of the teat Wherevpon she complained vnto the Earle he fained to carrie his said sonne abroad to tourney but passing thorow the forrest he caused him to be hanged Wherefore let vs suppose that the people accused the Earle vnto the king in this sort EVery cruelty if it may please your Maiestie is assuredly very odious but that which the father committeth against his owne child is most execrable for the father his kindnesse ought to exceed all other loue imitating therein the loue which God did beare vnto man for the saluation of whom he hath not spared his only begotten son our Lord and Redeemer whose example they are more bound to follow that are chosen to rule others then those which are more base in condition because the people for the most part doe conforme themselues to immitate their actions which command and especially the bad before the good Wherevpon it followeth that he which commandeth ouer a Commonwealth or prouince cannot offend in any meane sort especially if his offence be publike more if the cause be not ouer great but most of all if it be such a vice as degenerateth from the nature of man all which said faults are found in this detestable deed of our Earle hauing wrongfullie put to death his owne son and what sonne Euen his eldest sonne and the same which should haue succeeded him and bene our Earle But what offence can bee more publike then to cause his sonne to die by the most shamefull death in the world For by the halter are theeues executed and yet he had no such cause to put him to death seeing that notwithstanding his fault was remedilesse moreouer there is no â—ice thought more vnbeseeming a man then crueltie and there is no greater cruelty theÌ„ that which is committed against a mans owne blood the which crueltie is not only done against himselfe against his sonne and against vs in putting our Prince to death but also against the mother and brethren of the Prince and that which worst is against your Maiestie hauing executed the sonne of your daughter your nephew and your subiect who in processe of time might haue done good seruice vnto your crowne and state Wherefore this tyrant hath not only shewed crueltie vnto all these aboue named but he hath further manifested his ingratitude vnto his king and soueraigne vnto your Maiestie I say who hath made him noble by knighting him creating him Earle of this countrie and accepting him for your sonne in law What punishment deserueth not a crime so manifest committed against the person of such a monarch But who is so ignorant that will not affirme that in this action froward fortune hath rather beene the cause of the mischeife happened vnto this woman than the prince himselfe or els it was her negligence or ill hap or the desteny of the infant What meant she to stay so long Did not she know where to haue found the Prince the next day Had she lost her money by staying for it But to be short this woman did shew her selfe to be both cruell and obstinate as their sex are for the most part and it may be she staied so long tatling with some of her gossips and boasting that the Prince had bought her fruit as night ouertooke her before she was aware for the prattle of a woman is oftentimes without measure But were it that the Prince his fault were farre more manifest and hainous then it is yet is the cause to be iudged by none but by the king only or by such as should by his Maiestie be deputed and appointed for iudges and it is more vnfit that the father should be iudge of his child then any other because either too exceeding loue or too extreame rage may ouerrule him for when he is angry with those whome he loueth his anger proueth more vehement and dangerous towards them then against others Likewise no iudgement ought to be pronounced without counsell and due informations But what proofes was brought against our prince Where are those which were called to consult vpon iudgement or to giue aduice that he ought to die Alas the father and the hangman were both Iurie Iudge and Executioner Well God graunt this mischiefe proceed not from some other ground that is to say least some old malice long since conceiued hath not made the father to find this occasion to destroy his son it may be chiefely to aduance his second sonne whom he loued better I passe ouer in silence how hee hath secretly endeuoured to haue the world suppose that the same was none of his son therby meaning to slander your daughter for those which know themselues inferiour to their wiues doe neuer loue them heartily but seeke all the meanes they can to make them lesse esteemed and especially such as are ingratefull of whom this Tyrant sheweth himselfe to be the chiefest It may be said that it is not lawfull to accuse any man by coniecture but what vilenesse may not a man imagine by such a one seeing that like as vertues are knit together so do vices follow one another To conclude dread soueraigne we doe better feele this wrong done to your Maiestie to your daughter to her children and to our selues then we are able to expresse the same in words but our iust teares together with our silence demand iustice of your highnesse The answere of the Earle AS nothing surely can be more odious or degenerating from the nature of man then crueltie so also is nothing more necessarie for humane conuersation then iustice ioined with wisedome for indeed without it iustice seemeth to bee no better then crueltie as wisedome also without iustice is esteemed no other then meere malice yet holding these two vertues linked together a man may put his owne child to death and not be taxed of crueltie but rather praised for his pietie and loue towards them and Common-wealth And such were the Numantines accounted for slaying their children rather then they would leaue them for slaues So was Virginius who killed his daughter to saue her chastitie I passe ouer Manlius Torquatus Posthumius and diuers others who put their owne children to death onely for the zeale they had vnto the obseruation of militarie discipline yet for all that not any of all these haue beene iudged to be cruell or worthy of blame but on the
Citizens returned the slaues should bee punished But why will you marrie your daughter to one so vild and base who hauing her in his power both esteemed and knew himselfe to bee vnworthy of her Wherein onely he deserueth some recompence which may bee done in giuing him freedome and meanes to liue but you must not giue him her for whose sake chiefly you would reward him The Answere I Doe now know very well that thou art ignorant how true nobilitie proceedeth from vertue or els you would not iudge this man to be ignoble who is truly vertuous seeing neither the greedy desire of welth was able to win him nor the prouoking of lust could entice him nor yet the feare of punishment and cruel death might once terrifie him to swarue from his dutie Who dooth not know if the tyrant should haue had but the least inckling of his fidelitie towards me that he alone should haue suffered the same death which hath been inflicted vpon all the rest Wherefore I cannot bestow too much vpon him who hath not spared his owne life for my honour alone but for the honour of all our linage from the which hee ought not to be excluded But where doe you find that marriage consisteth in the equalitie of persons doe you not know that M. Cato married a pore Plebeians daughter as also a number of other like examples might be rehearsed And if you stand vppon worthinesse you shall find that your sister deserueth to haue but an honest man and such a one you cannot denie him to be vnlesse you speake vntrulie Nature hath not made any bond or free but it is fortune that imposeth such names both on the one and the other wherefore Plato hath not said in vaine that Kings are born of bondmen and bondmen of Kings Finally if my daughter will not take him for her husband she will as well cause me to suspect that she is aggreeued or displeased with him in that he tooke not his pleasure with her so soone as hee might as I doe alreadie beleeue that you would haue her to die without children because you might be the sole heire of all my liuing Declamation 47. Of him that would not deliuer his brother that had accused him falsly to haue slaine his father IT was an ancient law that whosoeuer did beare false witnesse being conuinced thereof he should remaine his bondman against whom hee was a witnesse Wherevpon it chanced that a certaine man which had two sonnes carried one of them abroad into the countrie with him within a small time after the sonne came home againe alone the other sonne accused his brother that he had slaine his father and added such apparent likelihood vnto his sayings that the other being vpon the rack confessed the offence which he had not committed so that he is condemned to a cruell death but a certaine solemne feast drawing neere at hand some of his friends found the means to reprieue him vntill the said feast should be ended in the mean time the father returned home to his house safe and sound wherevpon he which was condemned accused his brother of false witnesse and hauing conuinced him thereof put him in prison but the father intreated his son to deliuer his brother the which the other refused to doc so that his father threatened to disherit him saying VVHat canst thou say saue only thy brother hath produced or born false witnesse against thee I say that he thought he had said the truth for the loue which he did beare vnto me and the fear that he had of my death did make him beside himselfe but if thou desirest to prooue him more faultie then I say be thou mercifull and euery one will say that hee did much amisse to offend so kind a brother Art thou abashed that thou foundest thy brother so cruell against thee seeing that hee beleeued or thought that thou haddest slaine thy father and his Why wilt not thou suffer me to haue two children wilt thou torment thy brother to procure my death thereby If it bee so hee hath not altogether accused thee wrongfullie Alasse one of my sonnes was in prison because I did not returne and the other is in prison because I am returned If thou dost not set him at libertie I wil liue no longer whereby it shall be knowne that thou wantedst not the will but the meanes or occasion to murther me and it will be said that thy brothers meaning was not so bad against thee as it was good towards me seeing that hee inwardly perceiued thine iniquitie and in forsaking me or returning without me thou thy selfe wert the cause that he accused thee Doest thou not perceiue that I am fastened euen amidst the selfe same chaines wherewith my son is fettered and that the same bond which bindeth his hands doth burthen my heart Churlish and vngratious as thou art wherefore doest thou keepe thy brother in prison and thy father in thraldome who by his returne hath saued thy life The which if otherwise he should haue done thou couldest next vnto God neuer hold of any other then of him The Answere WHerefore should I pardon him who not onelie sought my death but indeuoured to procure my perpetuall defamation It was to my great danger that I was imprisoned condemned deliuered wherefore no man but my selfe can rightlie iudge of my passion He falslie alleadged that I had slaine my father thereby to cause me to die forwith me I say who was euer a most kind brother vnto him who knoweth not that the greater the loue is the more vehement is the hate when it is once iustlie conceiued The hangman being more pittifull then hee was the first that brought me news of my fathers returne If I had euer ben wickedly minded I should not haue had so iust a cause to be angry Is it to be wondered at if I detaine him prisoner that sought to bring me to a shamefull end it may be to murther you afterwards secretlie It is not only a hate but a feare which I haue least he should complot some other Treason against me that hindereth me from deliuering him What is hee that did not verie plainly perceiue that the only prolonging of my punishment procured his paine although the daily expecting thereof did more displease me then the present suffering the same could haue daunted me seeing the hangman alwaies before me who was himselfe affrighted at those torments which were prepared for me If my father do loue me as well as he doth my brother I would know why he died not at his returne for sorrow seeing mee at the gibbet It is hee then for whose sake hee would disherit me that by one onely treason did thinke to murther both his father and his brother that he might as well be sole heire as also possesse the whole inheritance the sooner Declamation 48. Of a father that would renounce his son for marrying a maid that had freed him from her fathers prison
those which euen now called him their God and preseruer of their liues a matter illbeseeming the Citizens of Rome who ought rather to reward me for hauing rooted from amongst them such a one who like vnto the fisher and fouler that with a little bait deceaueth both the fish and birds depriuining the one of their libertie the other of their liues would also doe the like by them but it is commonly seen that as the belly hath no eares so also hath the stomacke no discretion the which is apparently prooued by the confederats of Spurius wherefore it belongeth to you noble citizens that are not bounden vnto him and which haue not sold your libertie for a morcell of bread to you I say it belongeth to consider what I haue deserued hauing slaine him who with the helpe of a few faint hearted fooles would captiuate your sweet libertie as for that which the Tribun saith of the peoples mourning against the Senat if he himselfe be not the inuenter thereof yet it is a signe at the least that the people which vse such conference with him doe very well know that he taketh pleasure therein for if there were no eares that delighted in hearing slanderous speeches there would be few slanderous tongues but how could I bring him aliue seeing the people do yet so greatly affect him because time which changeth all thinges hath not as yet changed their minds but rather increased the same If that be true which the Tribun doth rashly say against the Senat A man may easily tearme Spurius another manner of man then you say he is although the crime had beene lesse dangerous then it is but when the matter concerneth the preseruation of our libertie seeing there was no respect had vnto the sonnes of Brutus being faultie nor vnto Collatin being innocent and partly the author of the said freedome why should Spurius be respected And as you say that the Dictator is not chosen but in great extremitie his election doth sufficiently witnesse the extremity wherein the Commonwealth remained true it is that I told him wherein he was accused to the end that if he were guiltlesse he might be lesse afraid to appeare before the Dictator and being guiltie haue the better meanes to thinke vpon his excuse but he had no desire to take the benefit of my aduertisement but as one alreadie condemned by his owne conscience he endeuoured to flie away for a true signe that he is a malefactor which distrusteth as much in himselfe as in the iudges if he had not beene faultie why was he so fearefull Seeing that innocencie dooth alwaies assure those that imbrace her but we may see by him that Tyrannie is like vnto a faire and pleasant pallace that is high enough but yet without staires or steps to come downe without breaking ones necke euen so those which by pride and ambition thinke to attain vnto honour and profit doe for the most part meet with shame and confusion he needed not to feare that he should not haue had time and place to excuse himselfe seeing that there was neuer anie Citizen condemned in Rome if his cause were but only doubtful if his meaning were good in distributing the corne why did he not come to declare the same vnto the Dictator Finally if he had beene as innocent as he was culpable I am not in any sort to be blamed seeing the Dictator hath not only allowed but also publickely lauded my deed I list not therefore further to dispute of his innocencie or his offence but rather the accuser that did accuse him And it appertaineth vnto the Dictator to defend me hauing performed my charge according to his commandements seeing that euen when I had done it he allowed my fact to be good and worthie for a maister of the knights as I was But who will any more obey the Dictators if when after their authoritie is expired it may be lawfull for any man to sue those which doe accomplish their commandements Declamation 11. Of the wife of a Tyrant who hauing slaine her husband required his sonne for a recompence THe law appointed that whosoeuer killed a Tyrant should obtaine of the Commonwealth whatsoeuer he demandeth except onely the gouernement thereof Moreouer the same law saith that after the death of the Tyrant all such as were neerest of kinne vnto him must likewise die although they be nothing culpaple Whervpon it happened that the wife of the Tyrant not knowing any cause why did slay her husband and required for recompence of her fact that her sonnes life might be saued and exempted from the foresaid law but the Citizens declared that the same could not bee done saying THe same law that promiseth you a reward doth denie you him whom you demand seeing that it commandeth expressely that all the kindred of the Tyrant should die wherefore if any other then your selfe had slaine him you should haue beene one of the same number yea and the first of all as she that was neerer vnto him then any other of his kinne and so consequently the chiefest partaker of his Tyrannie but yet to fauour you we will not now dispute vpon the cause of your killing of him whether the same was done through hate anger or for some other particular reason without anie regard at all of the common good for although no act be it neuer so good is to be performed by any wicked meanes yet do we allow your fact for good and laudable and you may induce vs to beleeue that you haue done it in a good zeale and for our benefit so that you will not desire to saue the Tyrants sonnes life for in preseruing it you shall not haue slaine but reuiued the Tyrant neither yet ended but prolonged the Tyrannie because it is more likely that a yoong man will liue longer then an old for surely although the Tyrants sonne be neuer so well disposed yet shall we alwaies suspect him can there be anie greater tyrannie then to stand in doubt of it continually seeing that of all euils feare is the cruellest part for without it death it selfe should be a soueraigne good Truly a knowne Tirannie were farre lesse greeuous then a daily feare to fall into it would be for the Prouerb saith That much better is a knowne mischiefe then a doubtfull pleasure how much then ought we to preferre a certaine good before a manifest euill of the which good we can neuer be assured so long as the tyrants sonne doth liue for the desire of reuenge is so whot and the couetousnesse to commaund and rule so vehement that hardly may he forget who was his father also it is to be feared that you would neuer haue slaine the fire if you had not thereby hoped one day to see the sonne in his seat which would be worse for vs then if the father were yet liuing You will say that the banishment of him whom we feare might very well put vs out of doubt the which can
iudged and you will iudge the iudges all this serueth you to no end bethinke you if you can how you may cleare your selfe and afterwards you may accuse vs before those that haue power to redresse it and then there will be greater credit giuen to your speech but now you being condemned as an offender no man that knoweth what iustice is will beleeue but that you speak of others as you your selfe would doe if you had their authoritie for the maner of those that haue their consciences seared is such that they are persuaded that the most part of men are like vnto themselues wherefore let vs come vnto the point concerning you and me say only haue I proceeded against you otherwise then by an ordinarie and vsuall custome Haue I not giuen ear aswell vnto your excuses or iustifications as vnto your accusers Haue I posted ouer or rashlie hudled vp your processe Are not you your selfe the occasion of your bringing hether so late If amongst so many I haue ben thought worthie of this estate should I haue forsaken it for you Or was it I alone that did iudge your processe The counsellors were not they there as they are here in like sort Was it I that either did condemne you or that must againe condemne you Are they not your owne deeds Bethinke you then to alleage other reasons to more purpose for your iustification or to submit you vnto the discretion of the iudges praieng vnto God to giue you the grace patientlie to abide the sentence which they shall pronounce vpon you referring all vnto the will of God who by that meanes wil bestow that vpon you which shall be more profitable for you for he exalteth those that doe heartily praie vnto him And lastlie determine if the worst do happen sith you could not tell how to liue well to learn to die well giuing thanks vnto God for taking you out of this miserable world before you haue further offended his diuine Maiestie by that meanes your punishment together with his mercie shall be a full satisfaction for all your sinnes Declamation 20. Of the souldiors that would needs giue ouer the wars after the death of their Generall THe ancient militarie law is such that euerie souldior maketh his oath particularly to follow his Ensigne the Ensigne taketh his oath to obey his captaine the captains their Colonels then all of them generally doe swear the same oath to the Generall of the armie representing the person of the Prince to serue him truly and faithfully Wherevpon the Generall or Lieutenant Generall chanceth to die in a difficult and dangerous enterprise and by his death the souldiors hold an opinion that they are acquited of their oath and that they may giue ouer the enterprise And thus one amongst them pleadeth for all the rest THe oath of the souldior lasteth so long as he that receiueth it or he to whom it is made liueth as we haue done vnto our General who being dead we are no longer bound We haue sworne to serue the Prince vnder his conduct following him in all and by all things into all places and against all men without anie exception at all the which we haue done euen vntill his death without anie refusall or contradiction wherefore hauing performed our dutie we are no longer bound for we cannot follow him any further except we should die as he hath done which would be a thing as hurtfull vnto the Prince to the Common-wealth and to vs as it would be profitable vnto our enemies and ill willers vnto whom we ought to doe no pleasure nor profit at all And neuer thinke that we are to be retained in seruice still saying that the Prince will send another Generall or that his Lieutenant that is dead representeth his person by order of prescription vntill the Prince haue confirmed him for Generall or that he hath sent another for such a reason is nothing worth because there are many that suffered themselues to bee enroulled vnder the deceassed Generall which would neither march nor be enrolled vnder him whom the Prince may send vs for such was the trust that wee did repose in his valor and wisdome that nothing seemed impossible vnto vs so long as we folowed his cōmand wherefore considering that the Prince may wel bestow the dignitie and estate but that the discretion wisdome and valor of the man commeth from aboue we are discouraged to serue any longer without knowing vnder whom True it is that there is none so good but there may be found another as good but it is verie certaine also that an opinion is halfe an effect and that for the most part it ordereth matters as it listeth without anie other respect and especially when it is ioined with some proofe or admirable experience as was that of our late noble Generall which hath so manie times ben redoubled who by his example did not onelie increase the courages of those that were valiant but also made the verie cowards bold and stout so that it may verie well be said that he hath carried our hearts with him or rather that he hath bestowed part of his greatnesse vpon vs al. Finally the souldior that marcheth vnder such a Generall whom he liketh not differeth nothing from a slaue who is bound to serue his maister whether he be good or bad which is the cause that sildome they do anie thing that is good Wherefore is an oath made But onely that the performance thereof may follow Why are not we as free from our oath by his decease as we were bound by the same while he liued How manie did march vnder Scipio that would not follow Lelius Although they were both of one and the same countrie one as noble as another and so great friends as the one might well be said to bee the other Neuerthelesse for the most part both of the Romane souldiours and strangers had rather haue died with the one then liued with the other By what means did Epaminundas and Pelopides reforme the military discipline of the Thebans But onely by the good opinion which the men of warre had of them We do not say that we would whollie refuse to serue and beare armes for our Prince but we would faine know vnder whom we should march moreouer we would that it might be lawfull for those that will serue no longer to depart and that those which would follow the future commander might be bound by a new oath The Answere WHat noueltie is this How dare you only think a treason so great Not onelie against your Prince and countrie but against your selues and the profession of armes Saieng that you are acquited of your oath by the death of your Generall Who is then your Generall Is not the prince Is he dead Or doth he euer die but strait another succeedeth him It is not you that were sworne vnto the Generall that dead is but I that was his Lieutenant who alwaies in his absence represented his person
mittigated your choler and restored your vnderstanding whereof now I may well say you are depriued or at the least that the same is mightily deminished The Answere THou saiest that the maidēs father was more wronged then was I I graunt it yet canst thou not likewise deny but that I haue greater cause of offence thē he for thy force did take away the maidens shame but I shall bee euer dishonoured to haue begotten a son so dissolute that hath displeased his father wronged a Cittizen defloured a virgin defamed his stocke and giuen cause of offence vnto the Commonwealth It is thou that wantedst thy wits seeing thou couldest not know that at one instant thou shouldest not haue committed so many mischiefes together and most mad thou wert if in knowing the same thou couldest not shun the same but heaping one offence vpon another thou wouldest slander me to haue lost my wits whereby it appeareth that as vertues so are vices linked together Thou accusest me before I haue condemned thee the tearme is not yet expired I do very well know that thy life and death are yet in my choice Haue I then lost mine vnderstanding wherfore doest thou tremble why doth thy tongue faulter For what cause are thine eies troubled The thirtieth day is not yet come but wherefore wouldest thou that anie man should pittie thee seeing thou wert pittilesse vnto the damsell who when thou diddest rauish her shewed no lesse sorrow then thou doest now Wherefore couldest not thou consider what vice is at the first as well as at the last which is alwaies a present pleasure but a parting paine leauing alwaies either some scourge or at the least a moste sound sorrow accompained with a horrible fear but although I should leaue thee thy life dost thou thinke to remain vnpunished will not thin own consience torment thee far worse then any hangman would Nay why should I graunt that vnto mine enemie which I haue denied vnto my sonne For seeing thou accusest me thou canst not be rightly tearmed my friend much lesse my sonne Is it to be wondered at if I rest doubtfull seeing that the law it selfe hath neither determined thy death nor concluded thy marriage Thou hast alwaies behaued thy selfe as if thou haddest ben allowed to doe anie sinne thou hast not yet intreated me as thou oughtest but hast rather requested the other his friendship then my fauour and hauing first appeased his furie thou afterwards thoughtest assuredly to constrain me to winck at thy fault Would a foole consider thus much Tel me then wherin I am a foole Haue I liued badly or committed such follie as thou hast Haue I forgotten the lawes Haue I not counted thy daies Can I not prooue wherefore thou art vnworthie of my fauor demanding it after such a fashion I haue consulted with our kinred I haue deuised with our friends alasse what paines haue I taken to perform a fathers dutie Ah me most miserable seeing that my anger is so iust that I cannot yet forget it I do not wonder although thou hast appeased the maidens father for it is easier to pardon an iniurie then a crime yea when he came to entreat for thee his kindnesse did the more harden my heart against thee for me thought that a man so honest ought in no sort to be harmed thou tellest me that the time is short how then couldest thou find so much leasure as to accuse me Doe men appease their misdeeds after such a manner Is that the way to obtaine fauour Doest thou now thinke it fit to entreat But tell me wherefore am I besides my wits Is it because I haue not pardoned thee The time is not yet past I may yet pardon thee although thou art vnworthie seeing thou accusest mee before I haue hurt thee Declamation 64. Of the husband that did put away his wife who being tortured did yet saue his life in not confessing that he pretended to murther the Tyrant A Tyrant being suspitious that a Cittizen pretended his death caused him to be apprehended and committed him to prison and there tortured him to cause him to confesse his conspiracie and who were his confederats but the Cittizen would not confesse any thing whereupon the Tyrant did also cause the Citizens wife to be tortured who in like sort would confesse nothing wherefore they were deliuered and set at libertie Within a short time after the said Cittizen killed the Tyrant and being greatly rewarded and honoured by the Commonwealth for the deed he put away his wife as one that was barren because she had ben fiue yeares with him and neuer conceiued anie child For which cause shee accused him of ingratiude saying THat which the Tyrant was vnwilling to doe hee that killed the Tyrant would doe to shew himself more vniust then was hee hee would frustrate our marriage which at his owne request and intreat was solemnized and to manifest his ingratitude the more hee would needs stay vntill he stood indebted vnto mee for his life if he ment to forsake me he should haue put me away before I had ben tortured for his loue the which torture is cause of my barrennesse O miserable woman that I am seeing that my kindnesse hath procured mee care and my good deeds turneth vnto my decay Is it not verie well knowne that the constancie of my courage and the silence of my tongue haue ben the onely ouerthrow of the Tyrant I then being the cause that the Tyrant can no more break the marriages of others why should mine be suffered to be broken But who is ignorant that during the Tyrants life the barren were esteemed most happie because they could not see their children rauished at the Tyrants pleasure True it is that I haue borne no children for the Commonwealth but I dare affirm that I am the cause that manie are and shall be borne and that henceforth there shall bee no more taken from it The Tyrant suspected my husband his intention because either hee had disclosed something or els his countenance or behauiour discouered his pretence but yet in anie sort hee cannot complaine of his wiues tatling no not when she was in her extreamest torments I had alwaies more respect vnto my husband that was absent then vnto the Tyrant who was present being more carefull of his health then fearefull of mine own hurt But who can expresse all the preparation that was made for instruments of crueltie able inough to daunt the courages of many men to terrifie the constancie of a feminine heart the whips tearing my flesh the fire the yron shoes the whot egs vnder mine armholes the buskins the trestles the pullies the cords the napkin water oile and the hangmen yet all these together could neuer draw one onely word from me to the preiudice of my husband but prouing by liuely reasons the contrarie of all that was of me demanded I was the cause of his deliuerance wherefore doth he vaunt that he hath slaine the Tyrant
the chast What will bee said if all the world will affirme with me that thou art dishonest Except one man onely and he but a stranger which saith thou art chast wherefore the praise which hee giueth thee and the false testimonie which he alleageth for thee doth as much harme thee as my true accusation doth hurt thee A goodlie matter no doubt when no man assureth mee of my wiues honestie but a common whorehunter he saith that thou art to thy husband constant and I affirme the contrarie who is more worthie to bee beleeued a Cittizen or a stranger A husband or a whoremonger Imagine O you Iudges that if this womans shame were not too apparent I would rather haue dissembled it then haue brought it to this extremitie for he which discouereth his wiues faults doth but shame himself but I remember that notwithstaÌ„ding that Caesar could not get Claudius to be conuinced of the adulterie wherewith he was charged for being found in Caesars chamber in womans apparrell yet did not he let to put away his wife saying That it behooued Caesars wife not onlie to be free from shame but from suspition Wherfore there is no reason that I should keepe her that is publikely defamed The Answere for the woman THat woman which is either beloued or courted is not to be deemed therfore the lesse chast for a womans reputation and good name depends neither vpon the malice nor follie of men who doe alwaies most desire those whom they haue least hope to obtaine modestie being the speciall reason that prouoketh a man to fancie a woman therefore they affirme that beautie doth onlie ingender lust but vertue is it that most winneth loue and like as vertue is neuer knowne but when it is tried so also doth it most appeare in the resisting of vices But what can a woman doe withall if men doe loue her or if they bee vicioâ—s or importunate It is impossible to hinder anie one from louing especiallie seeing the Philosophers affirme that the first motions of our owne passions are not in our power but afterwards they may be brideled by reason what power then haue wee ouer another mans passions Concerning the testimonie of the testator there is more likelihood of truth therein then otherwise for if the truth be euer spoken it is when wee must forsake this false world and it is to bee supposed that he bequeathed his goods vnto her as well because the womans chastitie had not onely increased loue in him but also had conuerted the same into holie loue for the constancie of the woman changed the mans vice into vertue so that by this good deed hee thought to requite the bad opinion which hee had wrongfullie conceiued of her before hee did throughly know her Wherefore I will onely say that if she be to be blamed for her beautie nature is the cause if in that she was alone her husband is to bee condemned if for being courted the louer was culpable shee did denie his request in that she was chast he made her his heire therein was she happie she accepted the inheritance therein she did wiselie whervpon she cannot be said to be faultie in any thing but it is your ouergreat prosperitie that hindereth you from tasting the sweetnes of her vertue Declamation 66. Of him that caused his eies to be pulled forth to gaine tenne ounces of gold the which was refused to be giuen vnto him IT was the custome of a certaine Commonwealth that euery Cittizen which was fallen blind by mischance should out of the common treasor bee allowed ten ounces of gold for his maintenance Wherevpon it happened that tenne or twelue disordered Cittizens which wanted meanes to maintaine their accustomed riotous cheare cast lots amongst them which of them should haue his eies pulled forth to the end that hee might receiue the abouesaid summe of gold to spend vpon good cheare amongst them it chanced as oftentimes it falleth out that wicked counsell is most hurtfull vnto him that giueth it that the lot fell vnto him that was the inuenter of this wickednesse Wherefore the rest tooke him by force and pulled out his eies and sent him vnto the Magistrate to demand the tenne ounces of gold but the Magistrat being aduertised of the manner of the fact would giue him nothing saying HOw long haue you been blind By what chance lost you your sight so suddainely Was it by doing anie good seruice for the Commonwealth I am assured it was not for it should be contrarie to thy custome because thou neuer diddest anie vnlesse thy follies and disorders should be accounted for seruice so that first it may be aduouched that thou art no Citizen for the honour of that name belongeth onely vnto the vertuous therefore such as resemble thee may bee iustlie tearmed the scumme and reproch of the Common-wealth Moreouer I am not ignorant that thou diddest suffer thine eies to be plucked out that thou mightest with thy companions continue as long as you could that beastlie life which you haue begun therfore both thou and they deserue double punishment they for pulling out thine eies and thou for suffering them for it is to the preiudice of the CommoÌ„wealth the which if thou haddest thine eies might if need were haue imploied thee as a pyoner in the wars or to doe some such thing but now the best that can bee done with thee should be to hang thee vp to the end that thou mightst no trouble vnto others but rather serue for an example vnto all Likewise it is to bee considered that the law should bee vniust if it should make men blind of purpose the law was made to comfort the afflicted but not for to buy them miserie needeth not to be bought being alreadie too abundant therefore it is better to refuse our liberalitie vnto one then to bee the cause that many others should make themselues blind we releeue those which for their blindnes haue need of releife but not those that plucke out their owne eies because they would be releeued The Answere AS it is not the Magistrats office to increase the affliction of the afflicted so likewise ought you not to wrong him that requireth but the performance or decree of the law which simply saith that euerie Cittizen being blind ought to haue ten ounces of gold Wherefore am not I a Cittizen seeing I was neuer reprooued by iustice or noted of infamie Also I haue wronged none but my selfe if I haue wasted my patrimonie I onlie suffer therefore and diuers Cittizens haue beene profited thereby I haue not then done the Common-wealth anie wrong in profiting manie As for the losse of mine eies my meaning was not that anie mans eies should haue beene pulled out but that the lot should haue ben cast by way of pastime onlie to laugh at him vpon whom it should light but lighting vpon me they pulled out mine eies by force wherefore there is great reason to punish them for the wrong which
thou diddest loue thy maister very well but rather that thou diddest loue thy selfe too much for those which do loue intirely do seeke all the meanes they can to please those whō they loue but not to force or constraine them to anie thing against their liking whereby it may be prooued that thou onely diddest mischief Lucullus in going about to take from him his libertie hauing thereby depriued him of his sences And there is not any that pretended any profit by his hurt but onelie thou seeing that all the wealth which Lucullus had was ours and his friends more then his owne for hee was neuer borne but for the profit of the Commonwealth and to pleasure his friends Therfore we doe also require no other thing but that the innocent may be acquited the guiltie not onely sought out for he is found in thee but also punished as well to giue an example vnto all other seruants not to enterprise any thing against their maisters as to reuenge the Commonwealth and Lucullus himselfe for this iniurie Declamation 78. Of a woman who slew hir daughter that had through childishnesse killed her little brother THe law appointeth that euery woman which killeth her child should bee burned Wherevpon it chanced in Orleans that a poor woman which got her liuing partly by washing of bucks and somtime with carrying of fagots about the cittie to sell had one daughter about the age of foure yeares and a sonne about one yeare old with the which children she was left a widdow by her husband So that shee oftentimes being forced to shift the little child she said vnto him as the most part of mothers and nources vse to say that if hee pissed his clothes any more she would cut off his prick the which the little girle hearing many times shee forgot it not but one day when her mother was gone vnto the wood she began to vnswaddle her brother and seeing that hee had pissed his clothes she tooke a knife and cut off his yard wherewith he lost so much bloud that he died afterwards shee told her mother at her returne home what she had done who seeing her child dead shee was so surprised with anger that she tooke vp a little stoole and strooke so great a blow therewithall vpon the girles head that she presently died For the which she was caried to prison hir husbands brother suing her to death accused her saying THis woman hath both slaine her daughter and in like sort was the cause of her sonnes death not onlie in that she left it to the keeping and discretion of a little girle but also because shee had oftentimes spoken fondly and threatned the child foolishly did she not know that whatsoeuer was ill to bee done was not good to be spoken vpon what occasion or intent soeuer it be And that as euery word that is spoken is easily imprinted in the yoong and tender hearts of little children so will they like apes imitate all that they see and as children doe whatsoeuer they heare spoken why then did she say before this child anie thing which should not be done And chiefly a matter so dangerous and so vnfitting Did she not know that children as being humane creatures and subiect naturally vnto vices doe keepe and remember the bad sooner then the good And especially the females as being more vicious then the males Some may say that it was a mischiefe which shee nor any other would euer haue thought vpon but I answere that they ought to bee cut of which are the cause of such misfortunes to the end that they may no more commit the like mischiefs or at the least by their occasion there doe not happen some other greater mischances If she haue liued so badly that she had no neighbour or friend so fauourable vnto her with whom she might haue left her little son in her absence shee is not worthy to liue any longer and if she had any vnto whom she might haue recommended the same she is likewise worthy of death for not doing the same Of what thing ought a mother to be more tender and charie then of her child Why then could shee suffer the one to die by her negligence and heaping mischiefe vpon mischiefe murther the other by her malice What Tigre Wolfe or other wild beast though neuer so cruell which will not onely bee carefull of her yoong ones but also will euen vnto the death defend them from those that seeke to hurt or harme them in anie sort How much lesse then will they themselues be so cruell as to kill them Wherefore must I be the only speaker in this case when as with iust griefe I can hardlie speak anie more If no punishment shall be vsed when women who ought to bee true examples or perfect patternes of kindnesse and pittie are more cruell thē sauage beasts I know not what I should say Sauing onelie that they are happy which either liued before vs or that shall be born after vs without beholding this our most vnhappie age if such a woman may be suffered to liue anie longer therein who after she hath ben the cause of her sonnes death hath yet further ben the author of her daughters destruction The Answere of a friend for the woman VVHerefore doe you procure the death of such a one who desireth nothing so much as to die Doe you thinke that this poore woman is not sufficientlie afflicted but that you must further seeke to aggrauate her sorrow Alasse wee may by her example verie wel perceiue that a mischiefe neuer commeth alone seeing that first we haue euer known her to be poore next she hath lost her husband the onlie stay of her poore life then her sonne and afterwards her daughter and that which is worst she is not onlie a prisoner in danger to lose her life but also he which ought to releiue her and procure her deliuerie seeketh her destruction Surelie the least of so manie miseries wherein she is on all sides cōpassed is sufficient inough to make her worthie of compassion and free her from punishment Whereof doe you accuse her Do you not know that it is not in our power to bridle the first motions of a iust anger Know you not that the griefe which she suffereth because she hath killed her daughter exceedeth all the tortures that may bee inuented to torment her For more harme doth a mischiefe that tormenteth the heart then all the tortures which may wound the bodie are able to hurt Whereas you accuse her of follie the follie is your own when you would find in a silie woman that which may hardlie be found in those that gouerne monarchies or Prouinces Doe you not know that there is no vertue which is not by pouertie neglected And that necessitie hath no law Wherein then hath a poore woman offended who hauing no other means did leaue her children at home whilst she went abroad to get her liuing You speake of friends
of your refusall in doing whereof I take you at your word aud require the temporall sword to punish you for counterfaiting your sex for abusing the vow of religion for your vild whoredome for refusing to doe pennance and for your diuelish obstinacie Consider worthie Iudges how manie torments such a number of hainous crimes deserue Declamation 62. Of Don Ferrand who punished the mutined Spaniards and afterwards is therefore accused IN the time of the Emperour Charles the fifth the Spanish souldiors that were in Scicilia rose in a mutenie and committed a thousand mischiefes whereof the least deserued the halter wherevpon Don Ferrand of Gonsagne brother to the Duke of Mantua who had alwaies ben emploied by the Emperour in chiefest places of command appeased them paying them part of that which was due vnto them afterwards he caused them to be embarked to carie them as he said to Genoa they being all embarked he carried them vnto certaine desert Isles where he made them to goe ashoare faining that he would there take the muster of them and make an end of paying them but when they were all in order a good why in the Island hee found the meanes to cause those to retire vnto the Gallies whom he meant to saue and afterwards he set saile and departed leauing the rest of the souldiours there who for the most part died all with hunger for which fact Don Ferrand was accused vnto the counsell of Spain as followeth IF discretion might be giuen as well as dignities are granted we should not now need to demand his death who hath depriued the liues of a number that were seruitors to Caesar as well as he and no lesse seruiceable the which he would neuer haue done if he had considered that neither he nor anie other could haue that honor to be Generall of an armie if the souldiors did not freelie determine to serue their Prince and follow the warres especiallie if they would altogether with one mind refuse so to doe but hence commeth the mischiefe that those which haue not first learned to be controlled do neuer know rightly lie how to commaund Wherefore Hannon said well when Hasdruball commanded in Carthage and Hanniball was to be sent into Spaine being verie yoong It were better said he that this yonker tarried here in the cittie to learne how to obey lawes then to teach him so suddainlie to command in a forraine land Likewise we are to consider what was the end of Pompey who following the faction of Silla was sooner made a captaine then a souldior euen so those of our time which are noblie borne doe command before they are able to discerne peace from warres the friend from the foe good from bad and reputation from reproch wherevpon it chanceth that as Hanniball was the cause of the ouerthrow of Carthage and Pompey the decay of the Commonwealth of Rome so these captaines made in hast presuming ouermuch of their own courage might impaire the prosperitie of Caesar if his fortune together with his vertue were not inuincible But yet there is another mischiefe which is that Iralie which may bee tearmed the churchyard of Spanish souldiors bringeth foorth few men which are well affected to the Spanish nation who to say the truth being worthie men are also somewhat haultie minded the which the Italians doe attribute vnto their pride which is the chiefest cause why they doe for the most part hate them wee will not be inquisitiue whether heretofore Don Ferrand hath been the cause of the death of a number of other Spaniards but we may well say that he hath made those whom hee left in the desert Island to die the cruellest death that might be imagined without anie iudgement Counsell or consent of Caesar as if men were nursed and brought vp for nothing Surely it should seeme that he did not see what paines was taken in Spaine to assemble such a number of souldiors together what stir there was to embarke them how hardlie they crossed the seas and what time was spent in disciplining them for the warres all which things was not done without great charge and expence vnto the Emperour and the daunger of their owne persons and they were no sooner deliuered ouer to Don Ferrand thorowlie furnished and readie for the warres as if they had sprung forth of the earth in one night like vnto Mushromes but that he did presentlie thrust them not onlie into all the greatest dangers that might be when as manie times there was no great occasion but also because he would be reuenged for the faults of some few of them he hath done them all vnto the cruellest death that he could inuent But wee would demaund of him how it could be possible that they should be all culpable and whether they were all authors of sedition For that is not onelie hard but impossible had it not beene better then for him to haue punished the authors that therby the consenters might haue beene terrified or chastised and the good cherished and maintained Or if he would needs haue had them to die could hee not haue sent them forth vpon the foe Where reuenging their death they might at the least haue weakened his forces We read indeed how the Romans tithed their mutined souldiours and vsed other like punishments but it was neuer seen or heard that they put them all to death and especiallie in Spaine vnder the conduct of Scipio where there was not onelie a mutenie but also Vmbrius Atrius and Calemus Albius tooke vpon them the authoritie of Consuls by the agreement and at the instance of the souldiours yet were none punished but the authors of the deed and the rest were paied emploied and allowed for good souldiours not because the Romans had not as good meanes to send other souldiours from Rome into Spaine and better then wee haue now to send out of Spaine into Italie but this was the reason the Generall was a Romane and he not hating the nation was onlie contented to punish a few of the offenders by the seueritie of that exemplarie punishment to terrifie and feare the rest for it is verie certaine that those which are threatened doe liue better then those which are punished for the punishment being done the feare is past and oftentimes it engendereth such a malice as maketh them to commit farre greater faults then the first as it may be the effect shall bee seene by those which by some meanes may chance to escape from those Islands doe but imagine if there had but a few ben punished what dutifull men those which had ben pardoned would haue prooued to shew that they were worthie of pardon and to cause their passed offence to be forgotten But yet if all this could not haue moued him to spare them yet should hee haue done it because it is so difficult a matter to draw verie often manie men foorth of Spaine where there is no great store as also for the great treasure that is
The Orator Handling a hundred seuerall Discourses in forme of Declamations Some of the Arguments being drawne from Titus Liuius and other ancient Writers the rest of the Authors owne inuention Part of which are of matters happened in our Age. Written in French by Alexander Siluayn and Englished by L. P. LONDON Printed by Adam Islip 1596. TO THE RIGHT HOnorable my most especiall good Lord Iohn Lord St. Iohn Baron of Bletsho RIght Noble Lord it is the custome of ignorant and vnlearned statuaries who are both defectiue in art and faultie in iudgement when they haue either a Venus to carue or a Cupid to pollish to find means to reare them on some high marble pillers to the end that the distance of the eie might shadow the defect of their cunning In imitation of whom knowing mine owne disabilitie to deserue and weakenesse to achieue hauing hewen out of my rough wit this first fruit of mine oratory I haue thought good to ground and rear them vpon the authority and greatnes of your Lordship whose fauors and merits may aduance them to that degree and esteeme of reputation which of themselues they dispaire of except vnder your fauour and countenance The reason why I make you my patron is for that I know you to be a â—auourer of the learned and a maintainer of the souldior discreet in your iudgement and bountiful to all toward and deseruing scholers Vouchsafe honorable lord that your generall affabilitie and courtesie towards all men admit no instance in my behalfe but as both by bountie and other infinit graces toward me you haue made me fortunate so now in countenancing this labour of mine make me happie by your acceptance who humbly beseech almightie God to ioine intire felicitie to your manie vertues Your lordships in all dutifull affection Lazarius Piot To the Reader SInce he is to be counted a discreet man gentle Reader that prouoked with the desire of glorie and kindeled with good affection indeuoreth to profit his neighbour by vertue and procure himselfe a life and residence in the memory of posterities I haue thought good in hope to aduantage my selfe with the same title to present thee with certaine Rhethoricall Declamations the vse wherof in euery member in our Commonweale is as necessary as the abuse of wilfull ignorance is odious In these thou maiest learne Rhethoricke to inforce a good cause and art to impugne an ill In these thou maiest behold the fruits and flowers of Eloquence which as Tully saith in his Oratâ—r Bene constitutae ciuitatis est quasi alumna vse them to thy profit good Reader and accept them with as good a mind as I present them with a vertuous intent If thou studie law they may helpe thy pleadings or if diuinitie the reformer of law they may perfect they persuasions In reasoning of priuate debates here maiest thou find apt metaphors in incouraging thy souldiours fit motiues Fathers here haue good arguments to moue affections in their children and children vertuous reconcilements to satisfie their displeased fathers briefly euery priuate man may in this be partaker of a generall profit and the grossest vnderstanding find occasion of reformation The benefits then so generall and my intent so honest I heartely intreat you to keepe Talions law in this and pay me like for like giue me good thoughts for great studies and at leastwise shew me this courtly courtesie to affoord me good words which cost you nothing for serious thoughts hatcht vp with much consideration Thus commending my deserts to the learned and committing my labour to the instruction of the ignorant I bid you all heartely farewell L. P. THE MIRROVR OF Eloquence Containing an hundred Historicall or rather Tragicall Declamations Declamation 1. Of Fuluius who caused the Senators of Capua to be beheaded without the consent of the Senat and people of Rome BY how much they of Capua were prone and ill aduised to reuolt from the Romans vnto Hanniball after the battaile of Cannas by so much were they more obstinatly besieged so that being forced for want of timely succours to yeeld vnto the mercy of the two Roman Consuls Appius Claudius and Quintus Fuluius they were in the end more cruelly punished than any other rebels The which Vibius Virius the ringleader and chiefe author of the said rebellion together with seuen and twentie other Senators foreseeing they all poisoned themselues at a banquet The rest of them that yeelded were sent to prison fiue and twentie to Cally and eight twentie to Theana Where without any commandement from the Senat or people of Rome and especially without the consent of Claudius Fuluius caused them all to be first scourged with rods and afterwards to be beheaded Wherefore a doubt was made whether he was more righteous or rigorous in his deed And therefore let vs imagine that shortly after the rest of the Capuans accused him saying thus WAs it not sufficient graue Senators you blessed people that Vibius and his associats the chiefe authors and cause of the said rebellion did sacrifice themselues vnto Fuluius his crueltie but that you must further ad therunto these seuen and fiftie miserable Senators Is it possible that they were all culpable No surely for seeing that they trusted to the Romane clemencie their conscience was a sure testimony of their innocencie But that could not saue them from the furie of Fuluius who to excercise his crueltie hath taken from the Senat people of Rome the meanes as well to shew their pittie as their power not considering that the worthiest part of a victorie is to subdue the iust desire of reuenge Wherefore despising all authoritie chiefely that of his Colleague and companion of his victorie he rather desired to be accounted cruell then mercifull and neglecting the prouerb which saith That somtimes man sheweth himself a God vnto man would rather verifie the coÌ„trary That man is euen a woolfe vnto man Surely our miserie cannot but be great yet should it haue bene more tollerable if it had proceeded from the Senate or people for then should there haue bene some shew of Iustice considered vpon by many where now is seene but a reuenging cruelty thought vpon by one alone and executed on the suddaine And so much more is this deed execrable in as much as ordinarily we see many consultations to be held and that of many men to pronounce iudgement against one but alas almost al our Senators haue bene condemned euen in a moment by one man alone if he ought so to be called who hath shewed himselfe more cruell then any furious Lion or fierce Tigre For he not being satisfied with the stripes and death of those which were sent prisoners to Theana tooke yet further paines to make his iourney to Cally to torture and behead those which were there also imprisoned and he not being thorowly appeased therewith did ad thervnto the miserable death of Taurea Lubullus a man euen besides himselfe who although that of
time he liued after their creation haue manifested the same to Menenius his sonne being the cause of his death with the griefe that hee tooke in seeing himselfe condemned by those who not long before durst not presume to consort with anie his fathers seruants I say this noble Agrippa died so poore that he left not onlie so much as to burie himselfe withall as it likewise chanced vnto manie others Behold then in whom the ambition and couetousnesse remaineth which you would impute to the Senators who as a candle do consume thēselues for the publick good whilst you which were it not for the office that the Senat hath bestowed vpon you should oftentimes haue no bread to put in your mouthes endeuour to persecute the Senat and destroy the people You accuse me to be the cause that the battaile was foughten so vnluckilie vnder the mountaine of Ianicola I submit my selfe to the report of the Senat and people whether my endeuor were wanting Menenius was condemned for not aiding the Fabians in the time of his consulship and I for fighting vnluckilie as if the one others fault proceeded not from the insolencie of the Tribuns who did so animate the people against the Senat as hardlie would they march vnder the Consuls but who knoweth not that the souldiors neuer doe anie good seruice if they loue not their leader who also can doe no worthie act if he be not thorowlie assured of the good will and obedience of his souldiours but concerning the Fabians they were cut in peeces in the field before the consull was aduertised that they were in anie danger yet was hee condemned vniustlie by you Is it not also manifest that you by your crossing hindering the enrolling the souldiosr haue ben the cause for the most part that succour hath come too late this is all the good that you doe in the Common-wealth O you Tribuns plagues of the same it is not before you who are vnworthie to take account of my actions as I will iustifie much lesse excuse my selfe condemne me if you can I speake not to the end to dissuade you I will not be ashamed to be the companion of so manie vertuous men whom you haue wrongfullie condemned but I do verilie assure you reuerend fathers that as much hangeth ouer the heads of euerie one of you vntill that the condemnation of such a one not more louing to the Common-wealth yet more happie then I do prouoke you not to endure anie more the insolencie of these heddie fellowes who doe onelie maintaine their authoritie they haue with the people in quarrelling with the worthiest Senators and you O people no lesse ingratefull then ignorant of the euill which threatneth you bee you full assured that these men will bring you to that passe that you will desire but neuer obtaine that the Senat may bee restored to their first authoritie The Answere IF the people should not haue some better head then yours it were better they had none at all for although euerie one liued after their own fantasie yet should it be lesse hurtfull for them then to bee led or gouerned by such a one as seeketh their destruction and it cannot bee said that the commendation or condemnation that the Senat deserueth by means of the election of the Tribuns is rightly due vnto them because the same election neuer was allowed by their good wils but being compelled they consented thervnto although in effect they were the cause that the people would both haue them and also obtained them For they vsing the people more rudely then slaues it caused them to looke vnto their owne safeties and to take vp armes and force the Senat to consent vnto the chusing of Tribuns to defend them from those who sought to tirannise ouer them neuerthelesse you would on the contrarie haue vs to serue the Senat and to consent that not onlie they should haue al the honor and profit of that which was gotten with the price of the peoples blood but also that they shold deuour the authors of their dignitie by imposition and vsuries bringing them into captiuitie for debts keeping them in prison and irons and tormenting them at their own pleasure Although you doe not acknowledge O you Senators how much you are beholding vnto the people yet remember onlie when you had need of their valour to confirme your authoritie or to defend you from the enemie how friendlie you could speake When Porsenna king of Tuscan came to besiege Rome to establish the Tarquins therein you then said that the people were oppressed that it were reason to discharge them from taxes that the custome of salt ought to bee taken away and to giue them corne in common since that they were at charge enough in begetting and bringing vp of their children for the warres but as soone as the siege was raised this consideration and liberalitie did vanish away both together King Tarquin being once dead then began you by little and little to vse those free people like slaues so as nothing remained vnto to them but the name of freedome but as in greatest harmes extreame remedies are sought so had the people or els the Senat perished without the mitigation of the Tribuns and it cannot bee denied but that otherwise the miserie of the people had alwaies encreased since that amongst seuē kings there was but one which was hurtfull vnto them and now hardlie can there bee found amongst a number of Senators one that is good or fauourable vnto them or if anie such bee yet dare they not make anie shew thereof for feare to displease others thereby and be called fauourers of the people as it happened to the Fabians who rather desired to die in fighting alone with the enemies then to bee odious to the Senat and not to bee able without danger to fauour the people tell vs onlie whether you are rulers or lords ouer the people and consider that if you bee their rulers you ow them equitie and iustice or if you will be their lords you ought to fauor and protect thē notwithstāding they can obtain nothing at your hands but by force you affirme that if we had not beene the confusion and weakenesse of the people would haue made them acknowledge their fault but you confesse not that the people might sooner bee able to make a new Senat then the Senat a people all these proofes are dangerous because they are extreame and vertue consisteth in a meane The kings haue honoured the Senat so also haue they not despised the people for without them the king could not bee and the first Senate was chosen from amongst them if Collatin were banished for his name onlie Why ought they not to bee condemned whose deeds deserue no lesse Trulie neither Consuls Senators nor Tribuns ought to be suffered if they doe not their dutie neither was it ingratitude to condemne the son of Agrippa but equitie and as there are but a few Senators who
common people did throw themselues into the Tiber then Spurius Melius one of the order of the knights a verie rich man hauing great acquaintaince in Tuscane caused a great quantitie of corne to bee brought from thence the which he did freely distribut among the people for a gift so that by this meanes hauing gained the peoples loue he aspired to the kingdome wherevpon being warned before the Dictator he not only refusing to come but also moouing the people to sedition was slaine by Caius Seruilius Hala maister of the knights who shortly after was for this fact accused as an offender by one of the Tribuns of the people who said HOw can a cittie be tearmed free or well gouerned where it is lawfull to kill a Citizen vnder the colour of a crime before he be not only condemned but also before his cause be tried or his accuser knowne and what man was he Surely a man who in such a time being dead ought to be raised to life againe if it were possible a man noble by his vertue abounding in riches the which he knew how to distribute not onely according to the true order of liberalitie but with a wonderful and more then humane charitie but what charitie can be more great then immitating the gods to preserue the poore from death and especially from hunger which in truth is the horriblest death of all others how wicked then is the nature of those who desiring not to follow his vertue haue borne him such hate that being prouoked to rage at the report of one only accuser and it may be suborned haue depriued him of life some will say that he would not appeare before the Dictator was there no other meanes to cause Spurius appeare but first by placing guards through all the streets and afterwards to send vnto him the master of the knights to tell him that the Dictator demanded for him and consequently that he was accused for aspiring to be tyrant What man in the world is so resolute that he will come on the sodain hearing that he is accused of treason That knoweth a Dictator to be expresly chosen to condemne him the which officer is neuer made but vpon special cause and to represse the enemies to the Commonwealth That beholdeth a maister of the knights chosen of purpose to carrie him away Who would not be meruailously astonished at this because the more innocent a man is the more amased is he in the like extremitie for it is very manifest that those that are culpable foreseeing the dangers wherein they aduenture themselues doe also foresee to prouide for remedies or at the least whē dangers do happen they are least astonished but this man being as much afraid as innocent endeuoured to flie to the end he might haue some leasure to consider from whence this so suddaine mischiefe proceeded or to auoid the first rage of the Dictator who hauing his ears cloied with accusations and his mind occupied with passion and anger against the accused as he did very well manifest sending to seeke him with such furie he dispaired to find anie place reserued to heare much lesse to waigh his iust excuses was there no meanes to send for him after a more modest order It seemeth no because they would find an occasion to do that which was done If the commission of Seruilius was to slay him There was no need to expect anie further course of law If his authoritie were but to fetch him he could not kill him without being in verie great fault although Spurius had beene an offender For hauing pursued him so neere he might as well haue taken him and brought him away with him as murther him Is it possible that a maister of the knights was such a coward that he durst not being armed on horseback lay his hands vpon a man running away But I pray God that this be not true which the people do murmure abroad to wit that Seruilius doubted of the truth of the accusation wherefore finding in his owne iudgement an occasion to depriue the partie accused of audience and a means to iustifie himselfe he serued his owne turne fitlie to satisfie the malice of the Senators and the greedie auarice of the vsurers who by the liberalitie of Spurius lost the meanes to finish the deuouring of all the poore people for such is the nature of the malicious enuious and couetous people the one kind of which doe thinke themselues vndone to see another man prosper the other imagine that they are disgraced if any one attaine vnto honor and the third sort more worse then all the rest doe thinke that to be lost out of their owne goods which they cannot wrest foorth of the substance of another wherefore such people are hurtfull to all men and worst of all to themselues for they take as little pleasure in that which they haue of their owne as in that which they haue not at all so that they possessing nothing but riches doe neuer any good but when they die for then is their vnprofitable treasure set at libertie and the Commonwealth is freed from their greedie deuourings I passe ouer with silence that some doe presume seeing Seruilius triumph thorow the cittie with his sword all bloody in his hand that he had some particular malice against him and the more constantly is it affirmed because he might as well haue taken him as slaine him others doe say that this blocke was throwne in his way to confiscate his goods and they say that if it had been otherwise all the Senat together had more cause to appease the people then Spurius alone for they knowing how he was by dutie bounden had no occasion to stand in any doubt at all of Spurius but it is pittie when men will not only do no good themselues but also persecute those which do it God graunt that this which the people speake so rashly concerning the Senat be not very true but as touching Seruilius he cannot denie seeing that besides the boasting that is made thereof there are store of witnesses that he hath killed Spurius and not one will say that the other made any resistance wherefore we demaund that iustice may be executed vpon him who hath beene the cause that the same was not done vpon Spurius if he were culpable and if he were not then we require it because he hath slaine an innocent The Answere AS he whom I haue slaine was not guildesse so also I haue not only seene iustice executed vpon the offender but haue further done it my selfe because I could not other wise chuse for it is manifest that he is a malefactor that denieth to come to his answere and he doth sufficiently resist and make his defence that flieth from him that is sent to bring him touching the proof how can those be witnesses against him whom he had already suborned Especially such as assembled themselues to rescue him from me if I had taken him aliue I will not say
mine intent I will not say for my defence that her husband hath rather ben the cause of his death then I seeing that he would needs passe by such a place where manie men were fighting for not onlie they which are wise and well aduised do shun the like meetings but also fooles children and the verie brute beasts doe flie from them as touching the criminall coniectures that it was a thing done of set purpose the sharpe pursute of mine enemies doe sufficientlie excuse me and if there be anie other proofe more sufficient then hers of such a fact trulie I will condemne my selfe as worthie of death but being otherwise I cannot be so where she saith that I ought not to throw stones at anie man I answere that he which would iudge of that it were fit that he did prooue the like daunger as mine was to affirme also that to haue manie enemies is a signe of a wicked man is a verie absurd iudgement for it is often seene that the good are hated as well as the bad and that which is worst It is of the wicked that the good are hated so that they are in far greater danger and verie often constrained to defend themselues euen so it fell out with me But who was or euer shall be milder then Socrates And who had more wicked enemies then he who neuer ceassed to slander him euen to the procuring of his death as an offender What shall we say of Phocion and of Aristides likewise of Solon and Licurgus and of the great Scipio Africanus I passe ouer with silence our Sauiour Christ and other Saints least I should prophane their holie names in placing them amongst other men I am not be alone then that hath enemies neither ought this mishap impaire my reputation or make my cause the worse in anie sort Finallie there is no fault so little that cannot be greatlie aggrauated if anie man will seeke for circumstances as this woman doth who would prooue the Common-wealth and so manie persons interessed that it seemeth by her speech that her husband was immortall but I demand if he should haue died of an appoplexie or some other sudden death whether should not the losse haue ben all one But it is the manner of women to make the wrongs which they receiue seem great esteeming those which they commit verie little wherefore it were superfluous to answere her tedious accusations which is the cause that referring my selfe as well vnto the mercie as to the equitie of the iudges I will attend their iust sentence Declamation 18. Of Sergius who fought against his enemies without aduertising his fellow Virginius thereof and therefore is not aided by him SErgius and Virginius both equall in authoritie were captaines in the Romane army before the cittie of the Veies Sergius was encamped on that side where the Tuscanes might come to releiue the besieged cittie and Virginius on the other Now it happened that Sergius was assailed of the Tuscanes and fought with them without requiring aid of Virginius so that part of the campe was thereby discomfited he being returned to Rome accused Virginius for not aiding him and said thus WHat profiteth wisdome courage and dexteritie in a commander when enuie alone is farre more able to hinder him then all these vertues together are able to further the aduancement of his seruice that desireth to profit the Common-wealth Euen so is it happened vnto me for although Virginius and I did both together imploy all our best means to besiege and take the citie of Veies for the honor and profit of the Senat and people of Rome yet were we neuer able to doe anie seruice of worth but on the contrarie we receiued dishonor and hurt by the onlie enuie and ambition of Virginius Neuerthelesse what haue not I done to allure him vnto kindnesse and to persuade him to be carefull of the safetie and honor of the Commonwealth I haue alwaies giuen him the chiefest honour and held him not as my companion but as the only Generall commander of the enterprise yea and leauing vnto him the place of most aduantage I did encampe my selfe both where the greatest danger and most concourse of the enemies was thinking by that meanes not only to induce him but also to bind him more straightlie not vnto my aid but vnto the common good of the whole armie and his owne honor yet what haue I gained with all this dutie and true humilitie nothing at al but only thereby increased his malice pride and ambition I therefore considering with my selfe how hardlie two Generals in one armie doe performe anie enterprise fortunatlie and how on the contrarie by the diuersitie of their opinions wits they doe oftentimes not onlie procure one anothers mischeife but also sometimes put the Commonwealth in great danger as Terentia Varo did at Cannas when he gaue battaile against the opinion of his Collegue did rather desire yet further to abase my authoritie in respect of his honouring him as my superiour in all lawfull things but all was vaine for as much as those actions which doe serue to gaine the loue of such as are modest doe increase the pride and insolencie of those that are prowd for they doe attribute that vnto cowardlines which is done by modestie and wisdome which men Virginius desired to follow for he seeing that I to gaine his fauour did oppose my selfe vnto the greatest daunger for his securitie and defence did presume that I did not this noble act to induce him vnto the like aiding of me but that I did owe him this honour wherevpon he did not only forget that I was his companion but also he would not performe the dutie of a good Generall for how can he be a good Generall that seeth anie of the inferiour captaines in daunger to be ouerthrowne and will not send him aid Paulus Emilius ceassed not to fight but did willingly die in the battaile although that Varo began the same against his aduice the which I haue not done for it is well known that I would not fight against your will seeing that I encamped in that place to no other end but onlie to make head against the Tuscanes if they came to molest the campe to raise the siege or to hinder our enterprise yet neuerthelesse you had rather suffer the Commonwealth to be hindered then to affoord me your aid in so great an extremitie especially seeing that by that meanes we might happily haue ended our enterprise for in succouring me the Tuscanes had ben discomfited and no doubt the besieged could not haue chosen but of necessitie must haue yeelded but you rather desired my losse and dishonour then to haue your owne profit and honour ioined together with mine which had been but a small matter if all the Romanes had not ben therewithall greatly hindered The gods forbid that I should say that you had intelligence with the enemies but I am very sorrie that you giue occasion vnto many to
Marius and Silla and afterwards Caesar and Pompey had not with other good customes caused this likewise to bee neglected for the Romane Empire which so many yeares before was famous did wholy decline when offices were more easily obtained by the wealthie then the vertuous but so long as the rich men did suffer themselues to be gouerned and iudged by the poore Fabricias and such others no kingdome was more happie and prosperous then the Romans Commonwealth The Venetians haue flourished almost a thousand and two hundred yeares by the like meanes in making more estimation of such Senators as were vertuous then of those that were rich who if they haue not vertue ioined with their riches do there neuer obtaine anie dignitie which is the cause that amongst them iustice is rightly administred and that the condemned doe neuer hope for anie redemption or fauour by appeales but because we are farre from the presence of the King from his Counsell and from the most worthie chiefe Court we in this our Prouince do see the iudges so corrupt or sometimes so ignorant that of an hundred appealants two doe not returne rightly iudged It were reason therfore that this our iudge were allowed some certaine time to learne of the Lords which haue of long time ben of this Parlement before he haue this authority to adiudge those appealants which haue appealed from himselfe truly I should thē be content to say that I haue appealed from him being vniust vnto himselfe being become iust but what assurance haue I now thereof Seeing that in authoritie which is indeed the touchstone to trie men withal the most part of them doe wax worse and euen as the waight of gold diminisheth being oftentimes rubbed vpon the touchstone so doth the consciences of such as are but slenderly indued with vertue decay by often changing of their dignities for if men did know or at the least would not dissemble how hard a thing it is to vse the office of a iudge there would be so few that would couet to buy that place as hardly should there bee any found that would bee desirous to take such authoritie vpon them Neuerthelesse this being not my iudge but mine aduersarie not content to haue adiudged me once would condemne me againe King Lewis the twelfth when one counsailed him to be reuenged on those which in times past had offended him answered that it was not the part of the king of France to reuenge the wrongs which were done vnto the Duke of Orleans which surely were both the words of a noble and mild prince but I find not any of these two parts in this new president but rather on the contrary it seemeth that he hath made himselfe president to cause those to die whom he hath wronged being but an inferiour iudge of whom I am one and he which is vnto him most odious The old prouerb saith That the ignorance of the iudge is oftentimes the cause of the calamititie of them that are accused O happy world wherein this Prouerbe was inuented if then the iudges did only offend through ignorance although the same be a fault great inough what shall we alasse say then in these daies Wherein malice exceedeth ignorance and that for the most part they harbor both together Or that which is worst of al if it may be lawfull to speak the truth that as the number of the skilfull encreaseth so the number of the good decreaseth and when that happeneth there can no good bee hoped for in the Common-wealth for there is nothing more dangerous in the world then to haue such a man in authoritie that is wise and wicked both together because that for euery purpose they haue examples very readie to prooue and persuade their wicked intentions to be lawfull like vnto this man who by his monie is made president Wherefore I doe rather submit my selfe vnto anie other iudge then vnto him whom I doe vtterly refuse The Answere IT is a common thing that such as are offenders doe hate and slander their iudges and the more iust they are the sooner doe they falsly accuse them of iniustice wherein they themselues doe make their crime more apparent for they would haue the iudges such as they are that they might pittie those that are like vnto themselues or at the least that they might be such as would be corrupted the which they cannot hope for in those that are iust wherefore they are driuen into despaire knowing that no punishment can hurt the desperate man as also that there shall not so much be inflicted vpon them as they doe deserue and so they vomit out their poison against the righteous iudge the which they doe the more boldlie because they know wel that for all their speech he wil be neuer a whit the more cruel vnto them but without any stearnnesse or malice wil iudge them according to the laws executing them rather with mercie then rigor neither shall the wicked be able to mooue his patience for he which perceiueth himselfe to be blamed truly is angrie and thinketh to be reuenged but on the contrarie he that knoweth his conscience cleare maketh no account of slaunderous speeches or if he chance at the first brunt to be angrie he doth presently bridle the same his anger by reason rather desiring to remaine such as he is then by rage or passion to become such a one as in ttuth he ought not to be I am the same man which he affirmeth me to be so also is he nothing amended since I condemned him I did neuer beare him anie ill will neither did he euer giue me occasion so to doe but truly I haue condemned him but with lesse rigor then his deserts required or the lawes commanded but why should not I bee odious vnto him whom I haue condemned to die Seeing that the Phisitions and Chirurgions who doe employ themselues to saue mens liues are oftentimes heartily lothed of them when either they touch their sores or will not suffer them to follow their noisome appetites but do rather appoint them to take good and and wholsome things the child and the seruant yea and the wife doe for the most part hate the father the master and the husband which chastise rebuke them how much more then doth the offender hate the iudge which condemneth him Seeing he wrongfully deemeth him to be the cause of the shame and punishment which he receiueth although himselfe be the occasion both of the one and the other euill Whereas he saith that I haue bought my office to hurt him there be some other proofes then his tongue to verifie the contrarie It is likewise apparently seene how he slandereth the most part of iudges It is a goodly matter indeed for an offender to censure the deeds of iudges and to discourse of equitie and iustice as also to dispute whether offices may be sold and whether officers ought to be yeerely chosen or not you are brought hether to be
If I had then this authoritie whilest he liued what a ieast were it that I should lose it after his death For when he was absent your oath bound you to me Wherefore hath the Generall a Lieutenant But onlie because himself being subiect to wounds sicknesse and lastly to death that he should maintaine and keepe the souldiors in obedience You cannot denie but that so long as he liued it was I to whom you were to yeeld an account of your actions but not for you to doubt of my authoritie for proofe whereof durst you refuse to follow me in anie place where I would lead you Or to denie to doe whatsoeuer I would command you Durst you once haue demanded whether that which I wold haue you doe was the pleasure of the Generall Would I not haue punished him with death that should haue disobeied me Or had I not the power by martiall law of my selfe to put anie disobedient souldiour to death The Colonell hath not he the like authoritie ouer the captaines And the captains ouer the others that commaund vnder them euen vnto the corporall who hath the same power ouer the priuat souldiour What doe you meane then to doubt of the authoritie of your Generall Consider souldiors how you haue sworne to serue your prince and follow your Ensigne which is meant so farre as you may bee allowed by the prince what will you then say Seeing your Ensignes are yet displaied and your captaines willing to serue Do you not know that you are entred in their muster-role and that you must march vnder them They vnder the Campmaisters the Campmaisters vnder the Colonels the Colonels vnder the Generall or his Lieutenant and the Generall vnder the prince if he be there if he be not then he representeth his person where is then your vnderstanding Who hath bewitched or seduced you that you wil thus peruert order and military discipline Is not this fellow a trim Orator being no lesse ignorant then ill aduised who thinking that he is the ablest and wisest man amongst the rest heapeth vpon himselfe alone all the dishonor and punishment of this fault he I saie that was worthie to die before hee was borne rather then he should haue attempted to corrupt so manie worthie and valiant men The noble Romans did sundrie times commit the like faults especiallie vnder that great Scipio in Spaine who also caused onelie Albius Calenus Atrius Vmbrius and others the inuenters of the mutenie to be punished as capital offenders and I doe assure you that in their deed they offended not so much as you for they had beene vnpaied of a long time and it was certainlie thought that Scipio their Generall was dead which was the cause that made the souldiors not onelie to mutenie but also manie citties and Prouinces to reuolt before they did mutenie Wherevpon Titus Liuius saith That when the authors of the deed were punished in the middest of their fellows there was not heard so much as one onlie grone seeing them beaten starke naked with hollie wands euen vntill they were readie to giue vp the ghost and afterwards their heads to be striken off being halfe dead Those men did mutenie because they did see that the Prouinces did rebell but you hauing passed the worst of a dangerous enterprise being vpon the point of a victorie the which your Generall whom you so greatlie bemone hath prepared for you with the price of his life would now giue it ouer Is it possible that the reuerence which you owe vnto his memorie and the shame of your selues should not be able to withhold you the greatest loue that can be shewed vnto anie man that is deceassed is to immitate his deeds and to obserue his precepts and you will whollie estrange your selues from them which doth plainlie declare that being vnworthie of such a Generall God hath taken him awaie from you or rather he verie well knowing your vnworthines was not desirous to liue anie longer I know not what els to say or thinke what should be become of your ancient valor and martiall reputation which was woont to haue more need of a bridle to hold you backe then spurs to prick you forward I am ashamed of your shame if it be true that you haue charged this lost man to make this discourse But I cannot beleeue it for the insolencie is too great so that it cannot proceed from anie other but from himself and so consequentlie none ought to beare the shame and punishment thereof but he Neuerthelesse for the good opinion which I haue of you I doe put his life and death into your hands hauing so great confidence in your nobilitie that you will not indure a man so pernicious to remain anie longer amongst you but if you shall suffer him it will be your owne hurt more then ours besides the shame and reproch which will continue for euer yea and that after death for there is no doubt but that the Historiographers doe as well record the faults of souldiors as their valiant acts which afterwards is oftentimes the cause that their posteritie doe fare the worse for it Lastlie I haue told some part of the reasons whie you cannot much lesse ought not to demaund that which this wicked man hath proponed without the consent of anie of you except it be of some such as are like vnto himselfe which maie well be termed the scum of the armie for in such assemblies there are some bad like as there is no corne without darnell no wine without lees nor anie fire without smoake or els if your vngraciousnesse be such as I can hardlie beleeue it is that manie are of that mind but rather that it is the lesser number and consequentlie the worser sort of all the armie I am of opinion that such kind of people are not fit to be kept for such a riddance of them will be profitable vnto the whole armie because a few well disciplined are more worth then a great number of those that are confused disobedient and without order Let them come forth then which would be discharged whilest the captains are here with their muster roles to the end that at the same time also they maie be commended rewarded which shall remaine constant in performing their duties and by the same meanes also to determine vpon that which wee are to write vnto the Prince and countrie of those who so cowardly doe forsake their leaders and companions You must note that when the Generals doe make these orations there is none so hardie that dare bee the first which will say he would bee discharged for they feare least some of them may bee alreadie corrupted or wonne by the captaines And by this meanes doe they punish the authors of the mutenie and vse some liberality towards the souldiors Declamation 21. Of Gamaliel who hauing slain two of his brethren because one of them had rauished his wife is accused by the others SAdoc and Gamaliel amongst diuerse others
in other mens matters as these doe who would persuade me that this exercrable offence should not once haue prouoked me to reuenge the which it hath not done but rather vnto a iust punishment of the malefactor for that is called reuenge which is done wittingly but that is punishment which is inforced through a most iust cause of disdaine or anger Some may say that euery punishment ought to be done with a setled mind without choler for feare of being ouer rigorous I do confesse it ought but who can also denie that the first motions of anger are not in our owne power Wherefore I would and it were also reasonable that these my ouer sharpe accusers had a true feeling of the wrong done vnto me and then they would iudge more modestly of their brother who hath done that which they ought to desire that is rooted out from amongst them a supersticious Diuine not only hurtfull to his friends but vnto all the Commonwealth Is it not too apparent that such people are puffed vp with ambition that they had rather see the death of a million of men then to suffer that by any it should be knowne that they haue failed one iot in their fond diuinations As he of Milan did who hauing foretold that at a certaine time he should perish by yron not finding any man that would kill him although he gaue them diuers occasions slew himselfe to verifie his prophesie so this my dead brother hauing foretold that by this my marriage a great mischance should happen vnto all our race had rather be the cause thereof himselfe not seeing any likelihood therein then to be esteemed vnskilfull in his art which is especially forbidden both by diuine and humane laws And then you say that you haue lost the best of your brethren me thinks that if he were the best then the rest should be nothing worth at all and you ought not to say that a iust cause of disdaine constraineth you to require the death of the third but rather an iniust hatred for were it not so from whence could such an inuectiue proceed to animate the iudges against me Had it not ben sufficient for you only to haue said this man here hath slain our two brethren for this and this cause wherevpon we demand iustice You say that you are partakers of the misfortunes of my marriage why doe you not rather say of the insolencie wickednesse and adulterie of Sadoc As also that I am vnworthie to be reckoned amongst your brethren truely hee neuer deserued to be accounted If offenders ought to be punished for an example I haue not done so bad as you say in punishing him suddainely For who was a more notorious offender then he You say that those which follow armes doe all become wicked men Abraham Moises Iosua and a number of others because they were valiant in armes were they the lesse righteous Moreouer the multitude of those which you alleage that haue slain their kindred maketh more for my commendation then my condemnation for you shall find that the most part of them had lesse cause to doe the same then I. Furthermore I cannot beleeue that either monie or desire of vainglory draweth men vnto the wars but rather a desire to maintaine lawfull and iust quarrels although euery Generall affirmeth it to be his owne Finally the wars hath ben in all ages Saint Iohn baptised the souldiors without forbidding them to vse the same art yea God hath many times commanded his people to vse it so that it may be iustly proued that wars is rather an occasion of vertue then vice Concerning the report of my wife this is not the first time that women haue ben beleeued in the like case wherefore seeing neither you nor I haue or can find any reproch in mine that may blemish her honor she is as well to be beleeued as othets and if as you say a woman cannot be forced then haue diuers heretofore ben wrongfully condemned for the like offence Truly the law had ben sufficient to haue punished Sadoc but if I had had such patience as was requisite what assurance should I haue had that hee would either haue come before the iustices or els if he had chanced into their hands that you would not all haue taken his part as you are now against me And as you say it is iniustice to pardon an offender so is it iustice to punish a wicked man as I haue done wherefore I haue not offended but only in that being iustly stirred vp to anger I haue defrauded the iudges of their authoritie of whom humbly beseeching pardon for this fault I do wholly submit my selfe vnto their mercie beseeching them also to defend me from your malice Declamation 22. Of him who after he had had his pleasure of a maid would haue forsaken her to haue married her sister A Yong Gentleman hauing had a quarrell a long time with a neighbour of his made an agreement with him vpon a condition that the said neighbour should giue him leaue to chuse one of his three daughters in marriage and allow him the tearme of one yeare to make his choice so that vnder this coulor being familiar with them all he got the eldest of them with child afterwards he would haue chosen the second wherevnto the neighbour opposed himselfe saying THou vngracious man how darest thou imagin such a wickednesse Or once behold me in the face hauing ben so treacherous and mischieuous to abuse that familiaritie which was granted vnto thee in signe of reconciliation vnder the which thou hast more harmed me in protesting thy selfe to be my friend then all thy weake forces had ben able to hurt me if thou hadst continued my mortall enemie O God is it possible that men may be so wicked That what they cannot doe by force they accomplish vnder the cloake of an honest friendship but why say I freindship When that is the greatest benefit that God hath giuen for the vse of man without the which this life should be full of bitternesse and sorrow But let vs come vnto the matter did not you make your choise when you had carnall copulation with my daughter Is not that the consummation of marriage Truly yes they were all three promised vnto you but in lying with this you haue had your choise and it is not verie likely that she would otherwise haue consented therevnto but you breaking promise with her would by that means be reuenged of me for all former enemities but if it be so that an ancient hatred preuaileth more with you then a new friendship I doe beseech you most worthie iudges that he may be punished which hath suborned seduced and abused hir that is his wiues sister for by our agreement he is bound to take one of the three moreouer let him be punished which hath so greeuously offended his father in law his mother in law and his sisters in law and finally contemning laws and all honestie hath
them both at once attributing that in me to passion which can be no lesse thē prudence truly hee were vnworthie to bee a iudge that knew not how to discouer the malice of offenders for as much is that iudge to be esteemed which is without wisdome as a Commonwealth without laws a Prince without faith a phisition without experience a souldior without valor and a Marchant without credit who being such they doe not fall themselues alone but they are the cause of the ouerthrow of a great number But tell vs what was the cause that Salomon iudged so rightlie but onlie wisedome Euen so I without the same should neuer haue knowne your iniquitie and so consequentlie I should neuer haue found out a iust cause to condemne you for it is verie manifest that couetousnesse neuer iudgeth anie thing to be vnlawfull because it hath no place but amongst such as are wicked which is it that caused you to thinke it lawfull to commit whoredome with your bondwoman then to denie the fact and to forsweare your selfe because you would not make her free desiring rather to preiudice the law then to hinder your profit and afterwards being cast in prison for yout faults you would yet further defraud your creditors in not consenting to the sale of him who if he be not your sonne standeth you in no stead but to burthen you with a further charge and especiallie hindering his mother he is the cause that she cannot applie her businesse to get your liuing and her owne so that they doe both helpe to consume and wast that little which remaineth to paie the creditors or that which you haue hidden to deceiue them If he be not your sonne whie would you keepe him To serue for a witnesse of your seruants shame Doe you not know that he which cleaueth vnto vices maketh them his owne It is no charitie to keepe a child to be your slaue and lesse charitie is it not to consent to haue him sold to paie your debts Touching your demand why I doe not sell your other goods I answere there is time enough but I would first begin with that which was least profitable vnto you and yet of great charge and if you allow not this reason I did it to make the truth knowne vnto others as wel as to me it is that he is your child wherein I doe sufficientlie declare that I do not onlie ioine mercie with iustice but also that I doe further therevnto ad wisedome to make vp the number more perfect for without it iustice seemeth to be rigor and mercie no better then follie for what greater foolishnesse can there be then to pittie such a one as hurteth others as this infant hurteth you and your creditors therefore if he be not your sonne let him be sold and if you haue begotten him make his mother free Wherevpon doe you appeale Because I haue not likewise condemned you for periurie The same may yet be done all in good time the deed being prooued You do also saie that it were better to sel the mother and the child together it would be more indeed the childs profit but it must bee considered that manie would willinglie haue a child in their house to make them some sport and afterwards to doe them some seruice which would not be troubled with a whoore that can be nothing but a slander and an ill example for all their houshold For all these foresaid reasons it may be gathered that I haue no desire either to harme the innocent or to hurt the afflicted but mine intention is to haue the father acknowledge his child and that the mother should be recompenced as reason requireth Declamation 25. Of a Generall who after he had lost the battaile sent to the Prince to know if he should giue the battaile A King sent his Lieutenant Generall to the warres with an expresse charge not to giue any Generall battaile without he did first aduertise his Maiestie thereof It happened that occasion offered such an aduantage that the said Lieutenant notwithstanding the Kings commandement did fight a battaile but as the wars are casuall and that oftentimes fortune crosseth the vertuous so he lost the said battaile and presently afterwards hee sent a post vnto the king to tell him that such an occasion was offered vnto him to giue the battaile as was greatly vnto his aduantage and declared such apparent reasons as the Prince appointed that the battaile should be giuen then the messenger said If it like your Maiestie the battaile hath ben giuen with all such order and policie as was requisit notwithstanding wee haue lost the field The King being exceeding angrie caused the messenger to be hanged and the Lieutenant Generall to bee taken and condemned him to death who appealed defending his cause thus IN vaine doe Princes send those vnto the wars whose hands they keepe tied and trulie it may be said that I was sent in such sort Neuerthelesse seeing the likelihood of a profitable victorie to finish the wars to the great honor and commoditie of my Prince and countrie the band of his commaundement vnlosed of it selfe and leauing me at my libertie I did my best although fortune enemy to vertue so wrought against vs as the effect prooued not according to the likelihood of the deed and the desire of the doer but what shall I say That I can do what men may doe onlie fight a battaile but God alone must giue the victorie The which oftentimes either he delaieth or suffereth it whollie to be lost for the sinnes of the people when God seeth that their pride and other vices are not yet left moreouer it happeneth manie times that God will punish the insolencie of the souldiors vsing the enemies as instruments of his iustice Was not the battaile lost by the children of Israell before Hai onlie for the theft of Achan Was not also the whole host troubled and Ionathas in danger of death because he had tasted a little honie With a number of other examples which I ouerpasse because I will not be tedious Alas how hard are mens actions to be effected without his great danger that imploieth himself therein And principallie when the iudgement of the performance thereof dependeth vpon one mans voice onely Wherefore O Prince I say that you alone cannot iudge me much lesse condemne me except you doe it of your owne absolute authoritie which vndoubtedly were manifest tirannie the which I thinke you doe verie much abhorre considering that you alone cannot be a head without members and that in this deed of mine the members are also interressed that is to say if I haue offended they are to punish me and not hauing offended they ought to preserue me to performe some good seruice for it is a matter of no small importance for them to saue or lose such a man whom you haue thought worthie to be the onlie Generall of your wars and I doubt whether you alone may make a decree that
absurd then his request vnreasonable being very sure that he would neuer effect it and for answere vnto his friuolous assertions we will only say that the defendant had occasion to be vpon his house top and the father of the plantife had nothing to doe beneath or before the same not that the other neuerthelesse had anie desire to hurt him but is extreamelie sorrie for it neither is it likelie although he had borne him neuer so ill wil that he durst haue hazarded his owne life in that sort but he would rather haue thrown a tile at al aduentures and afterwards haue come downe on the other side saying that he did it not Lastlie the malice and enuie wherewith he would slander another is too apparent in himselfe Wherefore it may please you most mercifull lords to giue such iudgement as this your subiect being innocent may be preserued to doe his countrie some seruice Declamation 28. Of him that caused his wiues chastity to be tempted that thereby he might haue some cause to put her away A Certaine man caused his wiues chastitie to bee tempted by his seruant that was hoth faire and yoong who was many times so importunate with her that at the length her husband being hidden in the garden did heare how she promised vnto her fained louer that she would yeeld vnto his desire the first time that her said husband should ride into the countrie Wherevpon he accused her to be an adulteresse and would haue put her away saying NOt in vaine doth Salomon say that a vertuous woman is a crowne vnto her husband but she that behaueth her self dishonestly is a corruption in his bones Alasse I did suppose that I had had a vertuous wife but she proueth quite contrarie wherfore I am constrained to forsake her although the wife ought to be no other then the better part of the husband so long as she is knowne to be honest but if she be otherwise reason willeth him to make no longer account of her for marriage being a figure of God and his church it ought to be altogether pure and immaculat moreouer the man and the woman by this means ought to be as the soule and bodie which cannot be seperated but by death but finallie I know to my great discredit that he which taketh a wife is assured of a great danger seeing that mine without anie occasion hauing whatsoeuer a woman of her degree might desire hath giuen her selfe ouer vnto such a one as was euen but my seruant what should not then some noble or worthie man haue obtained at her hands if he had likewise tried her but she not being courted by anie other yeelded vnto the first as also because all lasciuious women do very well know that such men as liue without care are best able to satisfie their lust which is the onlie cause that they doe rather frequent the companie of Lackies and Monkes who are fed without anie care or cost of their own but what a foole am I to complaine and say that this is the first offence seeing that this perchance is not the hundreth man that hath obtained whatsoeuer he required of her for commonlie manie faults are committed before that one be espied but when one is disclosed it constraineth a man to be suspitious of many more and that woman may well be tearmed shamelesse which suffereth her tongue to promise the performance of such a villanie especiallie seeing those that are most impudent desire that men should thinke that they are not lightlie to be wone but that with much courting large offers and round rewards they are rather inforced to yeeld then vpon no consideration at all to promise a victorie I maruaile much why anie woman can for shame liue to shew her face when she her selfe by her owne tongue condemneth her reputation O an hundredfold miserable are they that for so fraile a solace doe buy a perpetuall sorrow but what goodnesse can there be in that woman which hath lost her chastetie The which was well knowne of Susanna Lucrece and the Grecian Hippo who did leape into the sea chusing there to die rather then she would lose her chastitie besides manie others who ought to serue for an example vnto our matrons but they had rather imitate Flora Thais and Lamia wherefore as they doe deserue to be heires of their vice so likewise ought they to inherite the same renoune as for me I am sure if I doe remaine anie longer with this woman that not onlie my goods and credit but also my bodie and soule shall be in danger of losing for such as are harlots do steale from their husbands to giue their companions and sometimes they make them their husbands murtherers at such a time when as soule and bodie do both perish together to preuent so great a mischiefe I speake to you my maisters that are her kinsmen I know not what your kinswoman was when you gaue her to me but I am verie sure that I redeliuer her vnto you a most dishonest woman wherefore I do but my dutie in putting her away seeing that Caesar did put away his wife because hee found Claudius in his house apparelled like a woman at such time as the women were about their sacrifice and not knowing whether hee meant to haue defiled his wife he only alleaged this for all his reason It behooueth saith he the wife of Caesar to be as free from suspition as she ought to be from fault receiue then your kinswoman charged with an euident crime The Answere of the kinsmen beginning at the end of the accusation O What a prowd fellow is this that would compare himselfe vnto Caesar O what a great credit he doth himselfe in thinking to discredit vs when he saith That he knoweth not what our kinswoman was when shee came vnto him but that he knoweth well how he restoreth her vnto vs worse then dishonest trulie he hath made a faire peece of worke in causing her to be tempted to make her seeme such a one in sooth that man which wil be a baud vnto his wife doth deserue as you doe to lose his goods life reputation and soule also We know well inough that the best part in a woman is her chastitie and how much they are to preferre it before all other graces so also you cannot denie but that the dishonesty consisteth in the deed and not in a word spoken without knowing to what intent what can you tell whether she promised him for feare least he would haue forced her seeing her alone Or because she wold cause you to know the vnfaithfulnesse of your seruant and by that means conserue both your credite and her owne Neither doe wee likewise denie that she hath made a promise vnto the first that courted her for being vertuous and so knowne there was neuer anie man that durst be so bold to aske her anie such matter as also your seruant durst not haue presumed if you your selfe had not
her requireth to be receaued againe into the order of the knights and that his charge might be restored vnto him but the great maister hauing alreadie bestowed the same denied him both the one and the other saying IT is verie vnseemely for a wiseman to say I thought not vpon anie such or the like matter for a discreet man should diligently foresee all things before he determine anie thing and trulie he that is not wise and very discreet deserueth not to be a knight much les a knight of this order and a commander seeing no knights are more worthy then they because they keepe euen the very key of Christendome Wherefore you must not thinke gentleman that the forsaking and receiuing againe into this holie order of our knighthood is so easie to bee done as it is in the courts of some Prince where for the most part it is sufficient if they be but only knights in name or as it is commonly said dubbed but with a Virgin sword for in our order aboue all thinges constancie ioined with prudence and discretion is requisit so that finding none of these three to remain in you I cannot deeme you worthy to enter into this order much lesse to repossesse a place of command but it may be that this presumption of yours proceedeth because you were ouer easily admitted at the first know then that it was vpon the hope that being yoong and frequenting the companie of ancient knights you might easily imitate their valor wherein you shewing some likelihood there was a commanders place bestowed vpon you to incourage you therein altogether but you haue greatly deceiued our hope when without anie consideration at all you haue giuen ouer so great a credit and honor to wed such a one with whome you had no acquaintaince at all is there anie follie more great then to leaue a certaintie for an incertaintie If you committed this fault because you were in loue with the gentlewoman you condemne your selfe to be voluptuous and so consequently vnworthie of our Order where you haue made a vow of chastitie which is maintained by the exercise of the bodie and by â—asting wherefore S. Barnard said well vnto his Monks Eat you so sparingly that the remembrance of bread may be rather in your mind then the desire of lust by this meanes the good knights doe harden themselues and learne to suffer constantly the extremitie of a siege or of a long sea voiage If you haue done it through ambition you are as little excusable Because that ambition is like vnto a fire which burneth all before it and neuer dieth so long as anie thing remaineth to maintain it and also because it iudgeth all things to be lawfull our order can neuer put anie trust in you or if you haue forsaken the order because you make no great account of it You will neuer doe anie good for it You may answere that the good is sildome knowne before it be lost I replie vnto you that they which neither doe know nor haue knowne what is good and therefore haue suffered it to be lost deserue in no sort to haue it againe therefore it is your best way to purchase it by some other means Doe you say that your felicitie depended only vpon this marriage Then afterwards seeing you could not accomplish it you wold require againe that which you haue forsaken without anie other reason you know that our profession is to war against the Turke wherefore the onely meanes to reobtaine that which you demand of vs is to imploy your selfe in such sort against our enemie as we may know the same valor discretion prudence constancie to be remaining in you which hetherto you haue not showne then forgetting all former faults we shall imagine how we may honor and reward you again as already we haue done vpon hope that you should haue ben such a one as you ought and yet may if you endeuour your selfe so to be The Answere TRulie that man is most wise who premeditateth and foreseeth whatsoeuer may afterwards happen but I would faine know where such men are to be found that I might dwell amongst them as their slaue if otherwise I could not For so yet should I esteeme my selfe happie but I beleeue that such men are more rare then the Phoenix for that point which you require to be in me passeth all humane power because that either secretlie or openlie the most part of men do know wel that manie matters doe fall out far otherwise then they would euer haue thought they should and diuers chances may happen vnto them whereof they neuer imagined Moreouer I am not ignorant that all these perfections which you alleage are required in him which will be a knight I do likewise consider the worthinesse of our order and doe know that the obtaining giuing ouer and reobtaining of the same is difficult and so will it bee as hardlie prooued that I am lesse worthie then the most part of those that are of the same order the which I will prooue bodie to bodie against those which will or dare maintaine the contrarie and it is a speciall point to bee doubted whether I haue left the same or no seeing that the effect for which I desired leaue to depart is not accomplished I departed to bee maried but am I so for all that No surely for it is impossible that so I should be because it was not lawfull doe you not know that marriages are made in heauen and effected here on earth What can you tel whether it was Gods pleasur that by this means onlie I should come to the knowledge of my kinswoman Whom especiallie before I knew her I loued with a sincere and chast loue prouoked thereunto by an honest instinct of nature and now by the will of God made manifest to make you know that neither voluptuousnesse nor ambition induced me to loue her but onlie the neerenesse of blood which yet being vnknowne might notwithstanding moue the hearts of men being then not departed for anie such cause wherewith you wrongfullie accuse me I say and doe maintain that not only I may but I also ought to re-enter againe into mine order yea and you might and ought to constraine me thereunto seeing that the effect for the which I gaue it ouer hath not accordinglie succeeded but since I see chieflie by your slanderous reproches that you are wholie bent against me I appeale from your will to the censure of al the members of this order without whom you cannot be Generall were you a thousand times greater then you are Declamation 31. Of a Iudge who paied three thousand crowns to cause a murtherer to be hanged A Certaine nation receaued one to be their prince who maketh an oath that he will maintaine them in all their priuiledges rights and customes It happened that the iudge appointed by the same Prince would haue caused a murtherer to be hanged the kinsmen of the malefactor doe proue by their
priuiledges that he might redeeme his life for three thousand crownes the iudge caused him to be hanged and paied himselfe three thousand crownes for hauing put him to death his kindred appeale vnto the Prince and say MOst mightie and iust Prince the renowne of your equitie hath incited vs to become your most loiall most louing most humble most faithfull subiects and to chuse you for our soueraigne Prince and most redoubted lord whereby this good is happened vnto vs that we haue alwaies found in you such iustice and bountie as is requisite as also your Maiestie shall euer find in vs all dutifull obedience but what shall we saie Seeing that this happinesse of your good meaning is abused by the malice of your ministers and especiallie by the chiefest which is hee that ought to administer vnto vs iustice in your behalfe and to haue a respect that wee maie bee maintained in our rights priuiledges and customes according as it hath pleased your Maiestie to take your oath but he which is our iudge hath had iustice in derision and vnder the shaddow thereof hath committed crueltie for hauing condemned one of our Citizens to die for a manslaughter wee shewed him that which he ought not to be ignorant of that is to saie how our priuiledges doe permit that such a trespasse maie be satisfied with the paiment of three thousand crowns appliable according to the ordināces in such cases prouided whervpon he hath therby taken an occasion to put one of our Citizens to an ignominious death to the great dishonor of all his linage saieng that he shall be acquited in paieng the said forfeit as if there were no difference betweene the killing of a man in cold blood through a certaine malice or contempt especiallie in derision of iustice of the Commonwealth and of the lawes and priuiledges therof to cause one die shamefullie and cruelly by the hands of an hangman and the flaying of ones enemie by whom a man is prouoked therevnto through some wrong or other iust cause of malice But wherein you vniust iudge had this our Citizen offended you Seeing that you haue no part in the Commonwealth but like an hired seruant in a house you are to abide therein onelie the appointed time of your office which is giuen vnto you not to abolish our priuiledges but to maintaine them all the other Citizens were more interessed in this fact then you and neuethelesse you alone haue beene desirous of reuenge trulie crueltie becommeth no man but it is most odious in Princes and Iudges more then in anie others seeing that our Prince is altogether free from this vice ought not you to follow his example Or at the least you ought not to haue erred from the same so reprochfullie If too sharpe and rigorous laws are made more to terrifie men then to destroie them wherefore haue you rather desired to aggrauate our lawes then to performe them Who hath made you more wise then our Ancestors who haue inuented this priuiledge for the conseruation of the Citizens Doe you not know that iustice without mercie is iniustice How great crueltie is it then to turne mercie into rigor Most vniust is the sentence which preuenteth iudgement and such hath yours ben for crueltie depriued you of all iudgement when you pronounced the same Doe you not know that whilest you iudge other men God iudgeth you How would you doe then if hee should iudge you according to your your deserts But who hath mooued you to commit this new crueltie Doe you not know that all innouation of laws customes is no lesse dangerous then scandalous To conclude you haue offended the Prince in resisting of his oath and wronged his subiects in breaking their pruiledges both the one and the other offence deserueth death wherevpon we beseech you most righteous Prince that he which hath contemned your authoritie iustice and our priuiledges may bee punished that all the Iudges hereafter may thereby take an example Seeing that if our enemies had not giuen him the monie he would neuer haue purchased at so great a charge an vnlawful means to exercise his crueltie against your subiect and our priuiledges The Answere IF anie law be vniust or pernicious it is that which is not equall to all men but how can that be equall which causeth the greatest malefactors to escape for monie As this priuiledge doth allow which imboldeneth the rich that ought to succour the poore not only to wrong them but also to murther them because hee knoweth verie well that he shall be acquited for monie the which being paied he afterwards committeth a thousand mischiefs to get that which he hath spent into his purse againe for what wickednesse will not such a one be bold to commit that maketh no conscience to kill his equall Or it may be such a one as is better then himselfe But if the law or your priuiledge bee vniust then haue not I offended Or if I haue misdone in paieng the forfeiture I am acquited Why should he be punished which procureth the death of a malefactor Seeing that hee which murthereth an innocent is quit for monie Concerning the difference of cold blood and to cause one to die by the hands of the hangman that doth in no sort aggrauate the offence for being an offender he hath thereby had the better means to acknowledge his fault and to craue pardon of God especiallie to dispose of his worldlie cares and familie the which he gaue no leisure vnto the other to doe and for the reproch it consisteth not in the maner of the death but in the cause of the death For if anie man should be hanged for hauing done some good vnto his countrie his death should neuerthelesse be accounted honourable but he which is hurtfull vnto the Common-wealth although hee die in his bed amongst his kindred yet should his death be accounted odious It is not I then that am cause of his shame but the murther which he hath committed I confesse indeed that he neuer offended me but rather iustice so likewise I caused him not to die but to maintain equitie and not being able to doe it without disbursing of monie I did rather chuse to pay it then to leaue iustice vndone I haue not infringed or broken your priuiledge but onelie shewed that it is vnlawfull and that it ought to be amended I cannot tell whether your ancestors were more wise then I but I dare well say that they were rich men who without the consent of the poore men inuented this priuiledge for there was neuer anie tyrannie more manifest which your selues ought to abolish you being subiect to a most iust Prince therefore I desired to admonish you thereof at mine owne proper costs and charges Likewise I know that I am not the first which hath beene slandered for mine honest meaning in desiring to change wicked customes into good for Solon and Licurgus were not free from the like and before them Moises
then Socrates who was put to death for no other cause But considering that Iustice alone is the soueraigne of al other vertues and ruleth all mortall wights because that without her none can liue in safetie especiallie seeing that without it the Commō-wealth is like vnto a body which being corrupted with euill humors doth with lanquishing pine away I haue neglected all other things especiallie to maintaine the same and you haue no cause to complaine on mee for setting as little by my life as by my goods Wherefore without answering anie further to your slanderous reproches trusting vnto the equitie of the Prince I doe freelie submit my goods honour and life vnto his most iust iudgement Declamation 32. Of those that would depose the King because he had lost the battaile IT is the custome of a certaine people that the men of warre doe chuse the King It happeneth that the said King doth lead his men vnto the warres where all his souldiors are ouerthrowne onely he with a verie small number escaped so that the Citizens and people are constrained to take arms to defend them from the conquerors and the better to performe the same they would chuse another king but the foresaid king resisteth them saying AS there is but one onelie God in heauen and one sunne to lighten the world so likewise cannot you haue two kings ouer you neither yet can you depose or change your king at your pleasure for the power of kings commeth of God which holdeth their hearts in his hand how dare you then but onlie thinke such a wickednesse as to be desirous to change or depose him who is annointed and chosen of God to raigne ouer you Did not Dauid put him to death which made his boast that he had slaine Saule And although that Dauid were already annointed king of Israell yet was king Saule not deposed vntill his death You saie that I haue gouerned the warres ill I denie it for I went thether my selfe and neither wanting valor nor skil I did valiantlie fight to the great endangering of mine owne person I haue not neglected my dutie in fighting but God hath giuen the victorie to the enemies wherefore would God haue preserued me from so great a danger vnlesse it were to manifest the especiall care that he hath ouer kings and that it were his pleasure that I should yet raigne ouer you And not another How dare you then imagine to change him whom he hath first giuen vnto you and then afterwards so miraculouslie preserued If you stand in doubt whether I deserue the dignitie or not the electiue voices of so manie valiant men which haue onlie iudged me aboue all the rest of this realme for the worthiest to be your king ought to assure you thereof but as hope dooth torment mens hearts no lesse then feare and other passions so some of you hoping to attaine vnto the kinglie dignitie haue not the patience to stay vntill it be void by my death whereby it plainlie appeareth that couetousnesse neuer iudgeth anie thing to be vnlawfull the people haue nothing to doe to depose their king but God by depriuing him of life who by his grace and for your good hath been pleased to saue me will you then contradict his will But although I had for want of skill beene the cause of our losse will you saie that you must needs chuse another that maie doe as much or worse He which hath once done amisse may when he beginneth again make amends but thankes be to God as I want not experience so haue I not failed to doe that which was requisit but it may be it was our sinnes that haue prouoked Gods wrath against vs who by our contrition and amendment of life is first to be appeased then he being mercifull vnto vs we shall not onlie be reuenged of our enemies but he will also giue vs power to subdue those that would oppresse vs yet that this shall be done vnder any other thē I whilst I liue I hope that good God will neuer suffer it seeing that to determine but such a matter were to heape sin vpon sin The Answere WE doe neither require two kings neither doe we desire to change our king for we haue none who made you king ouer vs are not they dead that chose you for their king You are then king ouer the dead Wherfore reason would that you should be sent vnto them When you were chosen we were Citizens now through your fault we are constrained to be souldiors It is the ancient custome that the men of war doe chuse the king we wil then chuse one Seeing that your selfe are the cause that we haue chaunged our qualitie what reason is there that you should remaine in yours Concerning the example of Dauid and Saule it nothing concerneth our matter for the greatest parte of euerie action consisteth in the time and place therefore it must be considered that as our time now is not the like vnto the time then so also that we are here and not in Palestine Moreouer we haue nomore Prophets to annoint the kings because God for our sinnes dooth no more elect kings by miracle wherefore it commonlie happeneth that the most wicked man attaineth to that dignitie and chieflie when the election remaineth in the power of the souldiours for sildome is there found anie equitie amongst those that follow the wars so that our miserie is lamentable seeing that your ambitious rashnesse compelleth vs of Citizens to become souldiours We know well to our great preiudice that you your selfe did goe vnto the wars but of your industrie valor and dutie no man beareth witnesse except your selfe but the widdowes and orphants of those whom you haue led vnto the slaughter with a far greater number can witnesse the contrarie and they doe affirme that you had great wrong to escape because so manie valiant men are lost through your default the which is more punishable then excusable To saie likewise that God hath preserued you by some his especiall prouidence it may verie well be because he would send you back hether to receiue punishment for your rashnesse by that spectacle somewhat to comfort the multitude of those whom you haue made miserable neither did the electiue voice of the souldiors chuse you as the best man of the land but as he that was most conformable to their desire and that would giue them the most libertie to doe ill for so were Otho Galba Vitelius and other harebrain men chosen by the souldiors for Emperors As for ambition and couetousnesse wherewith you accuse vs by presumption you doe euidentlie shew that it remaineth in you In saieng also that he which hath once done amisse becommeth afterwards more expert the same is doubtfull for euen in his first fault he sheweth that he wanteth iudgement and no man ought to presume to make himselfe cunning by the preiudice of so manie others and with no lesse then the hazard of a whole realme In
gaine which he hath made after so manie extortions Is not he miserablie dead by the means of his most familiar friends And those were his heires which were not so much as anie thing a kinne vnto him who did spend his treasure and goods in destroieng one another the which should make you wise O you Athenians and cause you to surceasse this follie to saie that you are quit hauing receiued your bond from one who hath taken it from vs by force and who for this deed and other such like did shamefullie die as he deserued moreouer it is not likelie that he was sent from the gods to subdue vs but true it is that by their permission wee were by him vniustlie tirannised ouer and for our sinnes hee was as a scourge of the Gods but their anger ceasing hee perished also But who did euer see that a debtor ought to bee the iudge of his creditors actions as you would bee of ours Seeing that you are vtterlie blinded with passion for whilst you accuse vs of pride and couetousnes you doe not consider that your selues are guiltie of treason and theft because you haue cleaued vnto the capitall enemie of Greece and for the same cause you will detaine from vs that which we did lend vnto you in your greatest need concerning that which you speake of Time as being the minister of the gods it maie bee the same gods of whom you speake in mockerie will so bring it to passe as time shall compell you shortlie not onlie to satisfie vs but also to become more miserable then euer you were when you shall intreat for our aid the which now you doe ingratefullie forget In like sort you must not alleage that you haue paied your obligation vnto Alexander for wee know verie well that you neuer had lesse means to doe it then at that time and although you should trulie haue paid it yet were it of no import nor anie satisfaction vnto vs for you neither ought it vnto him nor had hee anie letter of attorney from vs to receiue it hee might then verie well deliuer you your obligation but yet he could not forgiue you the debt whereunto he had no right at all determine then you Athenians to satisfie vs by faire means if you will not haue vs to imploie both our owne and our friends forces together with the helpe of the gods the iust iudges of your iniquities Declamation 34. Of him that is in trouble for accusing a man of crime for which he is committed to prison and there dieth A Man accuseth another for an offence the partie accused dieth in prison whilest the informations are in making the accuser cannot sufficiently prooue his accusation Wherevpon the kindred of the accused doe require to haue the accuser punished with such punishment as the crime deserued wherwith he accused the other And they say TRulie the weakenesse of man is such as euerie one esteemeth his owne miserie more great and lamentable then he doth another mans but what is he which can saie that we passe the bounds of reason when we saie that this our kinsman deceassed is worthie to be greatlie lamented And that he which is the cause of his death deserueth most seuere punishment seeing that he hath not onlie abridged his daies but that which is worse hath endeuoured to cause him to die most shamefullie especiallie to the great preiudice of his poore familie and all his linage and his purpose hath not failed in anie sort seeing that the poore man is dead in prison although he neuer once deserued to come into the same And it is not to be thought a smal matter to imprison a man seeing that in Athens those which died in prison could neuer be buried in the sepulchre of their ancestors as if they would thereby inferre that they which died in such a place might stain the tombes of those that died with honor and reputation of vertue and the same custome is yet vsed in sundrie most famous citties as amongst others at Paris the chiefe cittie of France where they doe obserue this law that he which but for debt onlie passeth the wicket of a prison shall neuer after be capable of anie office or other publicke promotion how much more then for suspition of crime There is nothing more apparent then that this poore man seeing himselfe in such disgrace died euen for verie greefe the wicked wretch that hath accused him is yet liuing in health but let vs see what likelihood there is in his accusation seeing that yet after the death of the accused he cannot proue his saieng I maie therefore now saie that he could not be suffered to alleage anie reasons for his own defence neither might take anie acceptions against the witnesses nor yet be allowed openlie to prooue his innocencie but with the least suspition that might be he should haue ben constrained to abide the sentence of condemnation Be you assured O you righteous Iudges That this accusation proceedeth by the instigation of diuers malicious persons who if need had ben would likewise haue serued for witnesses against him but their malice or ill will ending by the death of this miserable man they doe also forsake this vngracious fellow in his greatest need Such is the iust iudgement of God that the wicked doe oftentimes perish euen by their owne wickednesse but for all that their offence is not anie whit diminished neither is this poore dead man alone but his distressed widdow children and all his kindred vnto whom he was a true friend anie lot the lesse harmed wherfore it maie well be said that this lewd forger of vntroths hath murthered both this man here and ouerthrowne the others yea and some are yet likelie to die for want of his life that now is dead I meane the poore children and the miserable widdow Then what gibet what sword what halter what wheele or what torments are sufficient to punish thorowlie this execrable wretch which is the cause of so manie mischiefes For first he hath gone about to prosecute his death and next he hath indeuoured to defame him alas he is dead and reputed for infamous by those which haue heard his accusation and not afterwards knowne his innocencie but manie seeing him no more will yet thinke that there was fauour shewed him in causing him to die in prison as a malefactor vnlesse this abhominable fellow as a publicke spectacle doe not possesse the same place whereunto he pretended by his false accusation to bring the innocent consider then you iust Iudges as well the miserie of the dead and his allies as the execrable iniquitie of the false accuser and doe you gaine as much fauor at the hands of God and praise in the world by your iust iudgement as he hath gotten sin and infamie by his wickednesse The Answere of the accuser THere is nothing more true then that I haue iustlie accused him whom I know not by what death he is depriued of
comming to redeeme me at the beginning of my captiuitie what man is so old that could not saile so small a way as I was from you wherefore seeing you did it not you ought to thinke well both of him and me for he hath restored me vnto you and I would also make him yours If you disherited him because hee was wicked hee is no such man seeing that he hath ben so charitable towards his father brother and vnto all those that loue vs. Lastly as I cannot compell you to giue me more then the law appointeth so cannot you take that from me which you giue me not but it appertaineth vnto me presently after your death euen as you receiued it from our grandfathers seeing that I neuer offended you in anie sort vnlesse you will account the dutie which I vse towards your sonne and my brother for an offence The fathers Answere I Am constrained against my will to disherit you both twaine seeing that you both take pleasure in displeasing me wherefore I must imitate the phisitions who in extreamest diseases vse most dangerous remedies and as the Chirurgions do oftentimes cut off the members to preserue the rest of the bodie so must I seperate my sonnes from me who are agreed together to anger me thou wouldest haue mee take him for my heire who hath tried the law against his father for his patrimonie what will not hee attempt then to abridge my life for the rest of my goods But thou must consider that the law doth allow thee only for a minister or administrator of the patrimonie but not for lord thereof and therefore thou canst not adopt thy brother For the same law which condemned me to giue him his part restraineth thee to adopt him seeing that hee is aboue the age of thirtie yeares for children also and such as are in their minoritie ought to be adopted moreouer he is thy brother no more seeing he hath let to bee my sonne But how canst thou adopt anie one for thine heire seeing thou art yet belonging to me Or if thou art not mine how canst thou inherit my goods How wouldest thou haue power ouer thy brother seeing thou wilt not suffer mee to haue the like ouer thee If he haue deserued anie good at thy hands thou oughtst to intreat me for him and not to vse your owne authoritie Want of means and oportunitie hath hindred me from redeeming thee and thou wouldest against my will giue that vnto mine enemie which in spight of his teeth he was inforced to leaue me O worthie Iudges I beseech you see vnto what extremity I am brought seeing that one hath taken away part of my patrimonie and the other would that hee should haue the whole Declamation 42. Of the husband who gaue two children vnto his wife without telling her which of them was her owne A Certaine woman died in childbirth of a sonne whom the father sent to nurse into the countrie and within a few daies after hee married a yoong wench which he had alreadie got with child shee about a month after did also beare him a son whome he in like sort did send abroad to be nursed handling the matter so well that not any besides himselfe did know which was the first or the last child About three yeares after he made the children to be brought home to his house and would not tell his wife which of them was hers Moreouer they were both of them so like the father and so little like the mothers that shee could not that way discerne them whereupon she accused her husband of bad vsage who denied it thus saying WHerefore doest thou weepe for thy child seeing thou art sure to kisse him and see him euery day if thou wilt I would long since haue tould thee which of them is thine if I had not knowne that thou art as desirous to shew thy selfe a stepdame to the one as a mother to the other Consider only that the one is thy son and the other is his brother and thy husbands son loue them then for their owne sakes or els neither loue nor hate them but I perceiue that whilest thou desirest to be a mother to the one thou art a stepdame to them both If thou doest constraine me to tell thee neuer imagine that I will tell thee the troth wherefore I will not deceiue thee as a mother but as a stepdame Nature her self determined that they should be like each other to the end that they should be both thy children Thou mightest very well know which of them is thine if the desire which thou hast to hate the one did not hinder thee wherefore behold the one or the other with the eie of a mother in law and it may bee the same will bee thine owne Long since should I haue told thee the troth if thou hadst ben lesse importunate to enquire it I will that thou alone shouldst inioy this benefit either to haue one sonne in law without being a mother in law or els to haue two children without hauing suffered for the birth of more then one of them When they are of more age marke which of them will be more obedient vnto thee and the same shall bee thy sonne or at the least shall deserue that thou shouldest so account him and giue ouer henceforth to bewaile thy sonne seeng thou art not onely certaine that thou hast him but also that thou canst not lose him vnlesse they doe both die The wiues answere YOu doe me great wrong for how can my son loue honor and obey me aright if hee be not sure that I am his mother so that desiring to make me a mother of two you make both the one the other to be my sons in law You doe well know both your children haue the ioy thereof but you depriue me of mine or rather make me partaker of nothing but greefe and sorrow and being willing to giue a mother to your owne you depriue me of mine You say well that I am a stepdame to them both but you are the cause thereof and are worse then a stepfather vnto mine seeing that you take his mother from him or at the least will not suffer him to know her Declamation 43. Of him who drunke poyson with his wife wherwith she died and he made claime vnto hir heritage by her Testament WHen Octauius Marc Anthonie and Lepidas did part the Romane Empire betweene them many of the Nobles were slaine others fled and were banished or els fined in a great summe of money paiable vnto those which were appointed to kill them Amongst whom there was a Roman exile who was followed by his wife that was verie rich whose chance was that vpon a certaine time she found her husband in a secret place holding a cup in his hand she asked him what he had in the cup he answered that it was poison and that he wold poyson himselfe because he desired to liue no longer in this miserie the
adulterer who am the only cause that your wiues need not stand in feare to be anie more rauished I did warily consider seeing the strong fortification of the castle what meanes there might bee to kill the Tyrant but hauing tried the souldiors the seruants and the maids I could find no fitter occasion then by the means of his wife who long before had been liberall inough of her honor vnto others furthermore it can bee no more tearmed adulterie to cuckold a Tyrant then it is reputed murther to kill a Tyrant but it is rather worthie of reward Moreouer it was verie dangerous to carrie a sword secretly into the castle but very easie to find one there for my purpose was that if I could meet with the Tyrant euerie thing should serue me for a sword likewise I was sure that hee neuer went without a sword and that when two striue for one sword it remaineth vnto him that is the strongest or worthiest Also I was not ignorant how God doth alwaies resist such wicked persons as hee was and doth fauour such lawfull enterprises as mine and you cannot say that I went not to seeke the Tyrant seeing I staied of purpose for him euen in his bed chamber whether I was sure that he vsed to come all alone Take not then that from me by your malice which is due vnto me by my vertue and manhood Declamation 51. Of the father that adopted for his heire the sonne of his forsaken sonne THere was a man which had two sonnes the one whereof he did vtterly denounce and forsake in that hee had married with a woman of lose life by her had a son and afterwards fell sicke Whervpon he sent to intreat his father to come at the least to visit him once before hee died who being come vnto him his forsaken sonne commended his little child vnto his care and then died suddainly Wherefore the grandfather was so greatly moued with compassion that he adopted the child for his owne and made him coheire with his other sonne who being therewithall displeased accused his father to bee void of his sences but he gainsaid him thus THis were a verie new manner of losing a mans wits seeing that by your saying I should bee verie wise if I did not know those which were mine owne Truly I did expect that some bodie should haue intreated or requested mee to haue reuoked this my poore forsaken sonne but no man durst be so bold seeing thou which wert his brother diddest neuer doe thine indeuor therein wherefore it is to bee supposed that all men knowing thy ambition to bee fole heire they feared to displease thee Alasse this poore mans life was onely prolonged but vntil he might speak with me and when hee had once heard me he opened his eies shut vp in a manner alreadie to see me retaining his fleeting soule but only whilest hee bad me farewell so that I may rightlie say hee left both life and child in my bosome To conclude I well perceiued by his end but alasse too late that he was truly my sonne but thy rigorous crueltie towards him and thy great ingratitude towards me maketh mec in doubt whether thou art his brother or no. The Answere THe father of this child is vnknowne and although he were yet doe your owne deeds sufficiently testifie that you are not well in your wits if you forsooke my brother without a cause but if he were worthie of your displeasure he did yet further deserue it in marrying with a lewd woman and if he by this mariage were the more vnworthie to be reuoked much more vnworthy then is this bastard and vnknowne child to be your heire so that I know not whether of the two iniuries you do vnto my brother is the greater either in taking away part of his brothers inheritance from him or in adopting him a false heire Being persuaded and importuned by this dishonest woman hee recommended vnto you his sonne which he did very wel know he neuer begat but what cannot such women persuade Or what will he refuse to doe for a whore that was not ashamed to giue himselfe vnto her How then can you be iudged wise in adopting another mans sonne to disherit your owne Declamation 52. Of the vnchast woman that was adiudged to be throwne headlong down more then one time A Woman that was attainted of whoredome and for the same condemned to be cast headlong downe from the top of an high tower being readie to bee throwne downe did pray vnto God that he would declare her innocency in preseruing her from death her praiers being ended she fell from the top downe to the ground without receiuing any hurt at all Neuerthelesse the Marshall would haue throwne her downe againe Wherevnto she replied in this sort VVHerefore wil you resist the wil of God which hath preserued me And were it not so yet is the iudgement accomplished I was though wrongfullie condemned to bee throwne headlong downe I haue so ben my iudgement and execution being accomplished what would you els doe Am I not acquited Seeing that it was not said that I should bee executed anie more then once Neither is any man euer executed two times especially because euery iudgement ought rather to be mittigated by clemencie then aggrauated by crueltie If you would punish me for the offence which you suppose I haue committed against God seeing he hath declared me to be innocent why would you offend him in punishing me It is the vsuall place from whence others are throwne downe wherefore it is verie likely that if I had ben guiltie I should no doubt haue died as well as they The Answere THou shewest thy selfe to be as shamelesse at thy punishment as thou wert when thou diddest commit the offence which thou wouldst now denie Knowest thou not that deniall after sentence is once past is nothing auaileable The meaning of which sentence must be interpreted which is that thou must die likewise it is either a chance that thou art not dead or els thou vsest some charmes or witchcraft for were it as thou saiest that God would haue thee saued for thine innocencie he would rather haue defended thee before thou haddest been condemned falsely then sheilded thee from death after thy fall but it is more likely that he would prolong thy paine because so short a death is too easie for so hainous a crime as thine is or els because thou hast committed other offences he would haue thee cast down more times then once for God is not so slacke to helpe the innocents He saued Susanna before she was stoned not suffering the stones to touch her bodie Finally if it be his diuine will that thou shouldest be vnpunished thou shalt haue as little hurt at the second or third throwing downe as thou haddest at the first Declamation 53. Of her who hauing killed a man being in the stewes claimed for her chastity and innocencie to be an Abbesse THe order of the religious
repaired by sauing the life of a wicked caitife for that is no satisfaction but rather a double offence vnto the Commonwealth Moreouer those children which should bee borne by the marriage of a rauisher would serue but for witnesses of their fathers shame and the wrong done vnto our stocke the which ought not to bee increased by him that had doublie wronged them hauing not onelie iniuriouslie assailed the house of an exile although the affliction of the afflicted ought not to bee increased but also after hee had wronged him without anie shame at all comming before him he first made him priuie to the iniurie and in a manner both constrained him to consent vnto it and to allow thereof wherein then haue I offended By complaining of the iniurie done to my absent father I cannot be either forsakeÌ„ or disherited becaus I haue done but according vnto law Likewise my father who was so far off from the place where the wrong was committed could not well iudge thereof seeing that his griefe being absent could not be like ours that were present and also thee state wherein he was together with his age made him to indure wrong better then I could Furthermore the adulterer knowing the horriblenesse of his crime went to make his agreement with him who was ignorant of the truth and returning hether hee renued the iniurie prowdly commanding vs to like of his marriages by vertue of certain letters that it may be he either obtained by force or at the least gained by frawd No man is vndone too late at anie time but a manifest vndoing is it to giue ones daughter vnto such a one as with the helpe of such wicked impes as himselfe hath both defloured her and dishonoured her breaking into our house by force of armes I beleeue he would neuer tell you all this father or if he did tell you and you were content therewith or that you bewaile his death anie more you are no lesse faultie then he Declamation 55. Of him who gaue ouer his betrothed wife vnto his sicke son A Certaine man had two sonnes neuerthelesse hee was betrothed or made sure vnto a yoong maiden with whom one of his sonnes became so far in loue that he fell sicke and no doubt he had died if the Phisition had not told his father that his sonnes disease proceeded of loue wherevpon the father came vnto his son praied him coniured him and lastly threatned not only to curse him but also to kill him holding his sword in his hand if he would not manifest vnto him the cause of his sicknesse and what she was whom he loued wherfore the sonne seeing himselfe in such an extremitie trembling and weeping confessed that hee was in loue with his mother in law the father to saue his sonnes life yeelded her whom he had betrothed vnto him and caused them to be married together The other sonne who was enuious against his brother accused his father to haue lost his wits the which the father denied saying IT is thou that hast lost thy wits or at the least art vtterlie blinded with passion and ill will so that thou wilt be the cause that euerie man will bee amased at such an act as was neuer seene that a mother in law should bee more pittifull vnto her sonne in law then thou art vnto thine owne brother Callest thou that want of vnderstanding when by my wisedome I saue my son in granting him her who in no sort was aggreeable for me I say that in keeping her from him I should haue lost my wits seeing that she might haue done ill I might not haue done well and my sonne should haue died I am sure that he loued her better and more feruently then I did therefore is she due vnto him what wrong do I thee Art thou angrie to haue thy brother and not a mother in law I did draw the sword before his face the which no man could take foorth of my hands but only himselfe in confessing the truth Lastlie all that a father doth to saue his sonnes life is not onlie very excusable but to be accounted for exceeding great wisdome and iust pittie The Answere IT had been better for my brother to haue died then to haue caused his concupiscence so apparently to be disclosed Seeing the best that can bee said of him is that hee was healed by adulterie that you haue saued him by execration and she hath holpen him by abhomination Why may not that bee tearmed worse then adulterie which is done chieflie by the commandemeÌ„t of the husband I know not whether you haue shewed your selfe more mad in betrothing this woman or in forsaking her or els in marrieng her againe with your sonne But how farre besides himselfe is hee that thinketh it a good deed or a good turne to commit whoredome A wise man no doubt that drew his sword not to punish adulterie or to eschew the slander thereof but rather to inforce his wife and sonne to commit adulterie together My brother ought rather to haue perished then to bee cured so perniciouslie but suppose that if he had lusted after his sister or his mother ought hee to haue had either of them These remedies are more dangerous and more greeuous then danger mischiefe or death it selfe But all this hath ben compacted betwixt the son the betrothed woman and the Phisition who likewise claimed an interest therein And thus the disease the cure and the adulteries proceeded of your follie Declamation 56. Of a man that is found dead in his bed his wife wounded and the accusations together with the witnesse of a child IT chanced that a certaine man being a widdower that had a sonne married his second wife by whom hee had another son and because his first sonne did but badly agree with his mother in law the father gaue him part of his house which was neuerthelesse diuided with a wall so that they were seuerall likewise this old man had a receauer or factor which was a yoong man and a faire so that this man was somewhat suspicious that he loued his wife which iealousie was not a little increased by the sonnes persuasions so that therby oftentimes there chanced such braules betweene them that his â—actor and he were vpon tearmes of parting Wherevpon it happened that shortly after the nieghbors through the wiues exclamatioÌ„s ran into the house where they found the goodman slaine in his bed his wife wounded and so much of the common wall broken downe that a man migh teasily passe thorow it wherefore not only the sonne but also the factor was suspected to be guiltie of this murther and hauing apprehended them both they brought them before the child being of three yeares old who did lie in the same bed and asked him which of them it was that had beate his father the child pointed with his singer vnto the factor wherefore the son accused him for murthering his master but the factor through the breaking of the
wall accused the son for murthering his father saying O How wicked this world of ours is seeing that it hath brought foorth so cursed a man that hath at one instant both murthered his father would haue don the like to his mother in law so that I beleeue the feare of missing did in some sort hinder or stay his murtherous hand from giuing so great a stroke as hee intended and she fained her selfe dead least his purpose should haue been effected or to saue her husbands life whom this traitor hath murthered least he should haue been a witnesse against him for the fact as also because he did most vnnaturallie hate him for the kind and honest loue the man did beare vnto his wife and therfore he sought the means to expell me from hence that hee might better accomplish his wicked enterprise for two are more easilie slaine then three and it may be that he did put on such like apparell as mine to abuse this poor infant and to corrupt his innocencie by false testimonie but what witnesse can be more manifest then the breaking of the wall the which is likewise pulled down for the desire he had to murther his mother in law The Answere IT is verie apparent that thou commest neither vnprouided of sophistical arguments long before premeditated nor that thou art anie whit abashed of this murther seeing that the horror there of doth nothing hinder thy tongue from babling O miserable man that I am hearing the noise I ranne thether thinking to haue seene the adulterers taken but alasse I found my father killed which doth astonish me in such sort as I will onely answere that I doe not onely rest vpō the childs demonstration but vpon his further affirmation although thou hast of long time kept him in awe so that in pointing to thee with his finger hee hath both declared thee to bee the murtherer and also that thou hast oftentimes forbidden him to accuse thee for the lasciuious kisses proffered in his presence there is not anie witnesse more sufficient then the pointing of this innocent child who is of sufficient age to be able to know and discerne although not subtile inough to deceiue faine or lie If thou saiest that one witnesse is not sufficient then wil I stand vnto the peoples censure and will not refuse that thou she and I may bee all three examined by torments for God the right and fortitude shall be for the innocent Declamation 57. Of him that would compell his sonne to marry with his sister in law that was by him accused of adultery A Man had two sonnes to the one whereof hee gaue a wife who being married made a certain very long voiage into a far countrie during his absence his brother tooke such an hatred against his sister in law that hee accused her of adultery but yet not before the Iudges wherevpon her husband being returned took a bondwoman that was his wiues seruant and caused her to bee tortured so extreamely to know the truth that shee died with the torment not confessing anie thing wherefore his father that loued his daughter in law did sharpely reprooue him that hee would so lightly conceiue an ill opinion of her He as well for greefe that he had wrongfully suspected his wiues honestie and vniustly killed her bondwoman as also to perceiue his brothers malice and to haue procured his fathers displeasure did dispaire and either hanged or killed himselfe wherfore the father willed that according to the Iewish law the other sonne should marrie his brothers widdow or if otherwise he refused hee would vtterly forsake him and renounce him for his heire against the which his sonne pleaded in this sort YOu would haue me to marrie with my brothers widdow whom I haue accused for an adultresse as in sooth she is who caused both my brother to kill himselfe for griefe and compelleth you to disherit me I beleeue that you tempt me to take her to trie whether I did accuse her wrongfully or no for you your selfe would neuer giue mee an adultresse to wife but you might thinke if I did take her that she is chast and I am false truly if you could make mee to marrie her that both hateth me mortallie and I know to bee a dishonest woman one might then assuredlie beleeue that nothing would bee euer impossible for you to effect But why would you compell me to make her my bedfellow that hath made mee brotherlesse Her I say that is the cause of her husbands death of the discord twixt you and me of the scandale to our linage and of the peoples murmuring I haue alreadie chosen a wife that loueth me that will follow me if I will that wil neuer forsake me either in aduersitie or prosperitie and finallie that will bee such a one vnto me as a wife ought to be vnto her husband which will be more worth vnto me then a most great inheritance whereas if on the contrary I should marrie this woman euery one might suppose that I loued my brother but little to wed her that was the cause of his losse The Answere THere is nothing more reasonable seeing thy brother was desirous by his death to acquite the wrong which he had don vnto his wise by giuing credit to thy false accusation then that thou by marrying her mightest also declare her innocencie for the shortest follies are best wherefore it were better for thee to confesse and blot out thy fault by doing well then in perseuering alwaies in thine obstinacie to shew thy selfe in a double fault for thou art the onely cause of all these chances and slanders which thou obiectest therefore in not making amends for thy fault I may lawfully disinherit thee for thy follie Declamation 58. Of the sorceresse which poysoned her son in law and accused her owne daughter to haue ben consenting therevnto THe law appointeth that euery woman which vseth poysoh being conuinced of the crime should be tortured vntill she accused such as were partakers or consenting vnto her wicked act Whervpon it happened that a man hauing but one sonne married a second wife of whom hee had one daughter who being of reasonable yeares the sonne died of poyson and the mother in law is not onely suspected for his death but accused and conuinced thereof wherefore she being laied vpon the racke to make her confesse such as were consenting to her fact she accused her owne daughter so that shee was adiudged to bee burned with her mother but the poor father gainsaid it thus AH miserable child seeing thy mother hateth thee as much as thy father loueth thee O mischeeuous woman that euen vnto thine owne daughter thou art worse then a stepdame art thou not sufficiently glutted with thy passed murthers but thou must further gorge thee with thy daughters massacre But who knoweth not that such kind of people desire not to die without slaughter Wherefore amongst the fencers or souldiors that combat is most cruell which is fought
would faine find out some small occasion of quarrell like as they sought to condemne Brutus who did afterwards recouer their libertie and so did they accuse Manlius of inhumanity Silla of crueltie Marius of ambition Lucullus of superfluitie and manie others of couetousnesse But touching my deed what art thou more theÌ„ the other Censors that haue ben euer since the fault which thou chargest me withall who haue neuer accused me therfore not that they are any whit thy inferiors in wisdome or equitie or that they are lesse louers of the Common-wealth then thou but because they could better then thou consider that it was not lawfull and lesse reasonable to blemish so many worthie actions of our linage for a small vanitie of one alone who cannot yet bee said to haue done any act either contrarie to dutie or against iustice Declamation 60. Of a man without hands that renounced his sonne because he would not kill his mother being found in adulterie THe law saith that if any man doe take his wife committing adulterie it is lawfull for him to slay them both her and the adulterer but yet it must be without deceit likewise it saith that the sonne may reuenge the adulterie for his father Whervpon it happened that a martiall man lost his two hands in the wars and as one mischance doth neuer happen alone within a small time after he surprised his wife in adulterie and finding himselfe vnable he commanded his sonne to slay them the sonne would not wherevpon hee renounced him for his heire saying I Shall then by thy fault amongst all men bee he alone that hath neither pardoned nor punished adulterie but who in this case will not imagine that either I had no sonne or that my sonne had no hands Yet my greatest griefe consisteth in this that I know the contrary Alasse in finding the adulterers I felt in good earnest how great a misse I had of my hands alacke I lost them in the warres and my sonne could not find his in the house wherefore I may say that he stood mee in as little stead as my sword which I could not vse How shall he either vanquish the enemy or defend his countrie which hath denied the helpe of his hands vnto his father When will he sight for vs that could not fight for himselfe Get thee packing then with the adulterers whom thou hast suffred to escape and leaue me rather alone then so badly accompanied Thou saiest thy heart would neuer serue thee to kill thy mother why doest thou not also say that the adulterer is thy father as I doe verily beleeue and thou doest shew he is Seeing thou soughtest rather to please him in a matter vniust and execrable then me in that wherin by the gods law and reason thou wert commanded Wherefore it cannot bee said that I doe either renounce or disinherit thee without a cause A very notable answere of the sonne ALas me thought it was in a maner all one to murther my father as to kill my mother in his presence and as it was neuer allowable in a reasonable man to be cruell so were rigorous laws made more to terrifie all theÌ„ to torment anie for if the law be strict the interpretation thereof is large and they ought to tend rather vnto clemencie then crueltie a great mischiefe can neuer be appeased in coÌ„mitting two others Moreouer the pleasure of reuenge doth suddainlie vanish but the contentment of mercie dooth neuer vade so likewise dooth euery pittifull heart melt in thinking vpon the horriblenesse of murther wherefore with the spectacle of a misfortune so suddaine all my bodie became sencelesse You good father did lacke your hands but before I could recouer my spirits I lost al my members yet was the mischiefe which you commanded more great then all the miserie which had happened was greeuous pardon me then if I did not accomplish your commandement in a thing which farre exceeded my strength and courage A father pardoneth his son if he refuse to faile because hee cannot brooke the seas that his heart doth faint as mine did the like happeneth if his heareserueth not to goe vnto the warres although he bee the sonne of a warlike father for euerie man is not borne to manage armes And it is to be considered for what intent the law saith that it is lawful for the father or the sonne to slay the adulterers Truly it was because the lawmakers were not ignoraÌ„t that there were some men which either could not or would not kill one another what can I doe with all if we are both of the same number you made by the warre vnapt and I by nature vnable wherein then can you blame me sauing that the adulterers are escaped because you were maimed and I amased or almost in a swound If the fault then be common why should I for the same bee onely condemned Declamation 61. Of two maidens rauished by one man for the which the one required his death and the other desired him for her husband THe law permitteth a maiden that is rauished to chuse either the death of the rauisher or to take him for her husband Wherevpon it chanced that one man defloured two maidens in one night so that the next morning the one required that he might die and the other requested to haue him for her husband wherfore she that desired his death said thus VVHo did euer see anie man saued for one offence by the meanes of another fault farre more hainous For if sinne proceed from humane frailtie to perseuere in the â—anâ—e is a diuelish obstinacie one defloured maid accuseth him the other defendeth him reuenge you our cause then O you iudges let the seueritie of your discipline bee redoubled seeing the crime is double the people doe already secretly desire it for he hath not onlie forced or rauished twaine but I alone haue ben defloured by twaine that is to say by him that did the deed by her that would preserue him from death must he be suffred to liue that hath deserued to die twise Had hee but deserued one death onlie he should not liue anie longer because no bodie would haue defended him but this woman would vnto our shame verifie the Prouerb which men do impose vpon our sex saying That women are selfe-willed and that they do alwaies chuse the worst If thou haddest ben the first that had ben forced I doe hardlie beleeue that thou wouldest haue desired him for thy husband To conclude as thou canst not sue anie further in his behalfe saue onely that thou maiest not bee depriued of thy choice so also canst thou not abridge me of my request it is in thy choice to saue his life for the fault he hath coÌ„mitted against thee but thou canst not command his life for the iniurie done against mee seeing that I was first wronged let me be first reuenged and afterwards thou shalt wed him if thou wilt The Answere THou saiest that thou wert
that which I alleaged in my owne defence was more to saue my life then to salue the law which being once corrupted would be farre more preiudiciall vnto others then vnto me who if the worst doe chance can haue but a bad choice when I must be constrained either to marry such a one as desireth my death or els die for one whō I loued too dearely Thou art not only the procurer of my shame but also of my slaughter for the scaffold the hangman the sword the bands and lastly my death are all readie prepared for mee and that onely by thy meanes Will not al men thinkst thou say these are too manie euils to be borne at one time vnlesse thou mightest be likewise a partaker therof Doost thou not know that ouerferuent loue depriueth a man of his vnderstanding And that the law neuer punisheth those that offend for want of wit They then are to be punished that offend through malice or hatred and not such as sinne through want of discretion or too much loue Thou seekest my death because I denied the deed but I say my deniall maketh me more worthie to be excused for thou canst not say but that it proceeded either for want of remembrance of the deed being void of sence when I did it or els because I was sorrie or rather ashamed for mine offence wherefore if the worst doe happen the one cause freeth me from punishment and the other maketh me worthie to bee pardoned seeing that to euery noble heart sorrow shame and repentance for misdeeds are three punishments more worse thē death which doth speedilie free vs from all miserie and impossible is it for anie man to escape it how soone or late soeuer it commeth nay rather in prolonging of our liues we lengthen out our miserie But I pray thee tell me seeing thou hast chosen me for thy husband am I not the same Wherefore then wilt thou kill thy husband when thou meantest to saue thy rauisher Therfore I may say that herein thou resemblest the shee wolfe When thou diddest demand mee for thy husband thou diddest not then know me to be honest and shamefast or that I would doe my best to conceale thy shame and my discredit and now thou hast tried mine honestie thou seekest mine ouerthrow so that it seemeth thou art more angrie in that I am ashamed of my follie then thou art aggreeued with my fault why art thou angrie Doest thou not know that loue wine and women do make the wisest witlesse as Salomon Sampson Hercules Lot Noe and an infinit number besides doe witnesse likewise the night is void of shame so that it is lawfull by day to denie the faults of the darke Thou diddest chuse me for thy husband therefore thou maist not reuoke thy choice nor the iudge his sentence nothing can be more politick or profitable in a Common-wealth then the performance of euerie sentence that is giuen and the obseruation of ancient lawes Whereby I conclude that if thou be permitted to chuse twice the law is false for neuer did anie maid doe the like then seeing thou art no better then others thou oughtest to obtaine no more then they The maidens Answere I Knowing thy malice and that he which is not ashamed to commit a fault wil neuer be ashamed to denie the fact did not chuse thy death which thou deseruedst but thy wedding whereof thou art vnworthie thereby to make thee acknowledge thine offence the which thou wouldest neuer haue done haddest thou not ben conuinced by most apparent witnesse so that it cannot be said that thou meantest to hide my discredit but rather to make it more euident by the testimonie of diuers and thou diddest not care if I had been found a lier They which are ashamed sorrie or repentant for their misdeeds haue not the face to denie so audiciouslie their misdemeanors but thereby it appeareth that before thou diddest commit the fact thou thoughtest to escape by thy falshood My choice was of no value seeing the crime was not verified neither art thou my husband seeing by thy deniall thou hast affirmed that I had no action at all to demand thee I do craue then the death of the malefactor that would not take the aduantage of my mercie Likewise the law maketh no mention how manie times I am to make my choise but onlie that I may chuse the one or the other must not the choise for the offence be effectuall it hath not yet been because that hee himselfe would not haue it effected I haue not then chosen but indeuoured to chuse if hee had not by his deniall hindered my choise Yet now seeing the deed is no more doubtfull I doe chuse his death as well because in going about to prooue my allegation false he sought to take away my life or to take me with double infamie the iudge cannot giue away my right therefore in causing him to die he shall satisfie those points which he saith are requisit in a Common-wealth Declamation 69. Of him that would be paied for his house wherein a Tyrant was burned A Tyrant seeing that he was besieged in his castle or fortresse fled vnto a Cittizens house to hide himselfe Some one of the tounsmen being aduertised thereof burned the house and the Tyrant within it for which deed hee obtained both the honour gained the reward belonging therevnto and likewise receiued many presents and gifts from the citizens Which when hee whose house was burned did perceiue he required to be satisfied for his losse by him that set it on fire but the other refused to pay him any thing at all saying VVHerefore diddest thou receiue the Tyrant Why couldest thou not driue him foorth or slay him What was the reason that hee fled to thy house rather then to another mans What cause had he to think himselfe more sure in thy weak cottage then in a strong castle Why doest thou esteeme thy house better then the Commonwealths benefit Must you that neither killed the Tyrant nor yet reuealed nor brought him forth that he might be slaine be partner of the reward I affirm and do verily suppose that thou bewailest his death and it is verie likely that either thou wast his friend or his seruant at the least thou canst not denie but that thou wast his host yea and I assuredly beleeue that thou didst watch of purpose to saue him from perill a mā might easily accuse thee to be one of his confederats and that thou diddest offer him thy house seeing that therein he thought himself more sure then in anie other house besides It were farre better that one hundred houses much fairer thē thine should be vtterlie lost then so vild a Tyrant as he should be yet liuing Nay it were better to see a citie quite raced down to the earth then the Cittizens should bee continuallie spoiled by tyrannous crueltie without all hope of amendment Seeing then that for the common good so great losses are so
committed this fact wherewith she is suspected seeing that shee cannot denie that fault which one would neuer haue charged her withall You see worthie Iudges that her sinne her conscience and her owne mouth beare witnesse against her pittie then this poore dead bodie burst and ouerflowing with poyson behold the bride bed and feast turned into tears and funerals take compassion of him who aboue all others is a miserable father and a most vnfortunate husband The wiues Answere YOu charge me with two great crimes without any likelihood of truth that is to say with adultery and poysoning of the one there is neither proofe nor witnes of the other there is a tormented slaue witnesse who not onlie to escape from tortures but also to bee reuenged of the stripes which heretofore she hath receiued accuseth her mistris but who is so ignorant that knoweth not that such vild wretches as shee doe seeke for nothing els but mischiefe or at the least for alteration or change and especiallie when the husband and the wife are at variance because that for the most part all the anger lighteth vpon their shoulders therfore they seeke to mittigate their owne disgrace by anothers discredite likewise your sicklenesse euermore readie to beleeue false reports and not my faults doth induce you to accuse me falsely The malice which this slaue did beare vnto my daughter persuadeth mee that she hath poysoned her because shee would not behold her mariage for fear of falling forth of my hands into hers that was yonger therfore more rigorous as being lesse subiect to reason O what a goodlie man is this who dooth giue more credite to a tortured slaues words then vnto the long experience of the integritie of his wife you do your selfe confesse that you would neuer haue thought that in seeking for the murtherer of your daughter you should haue found out your wiues adulterie it is then a signe that I neuer heretofore gaue you anie occasiō to suspect me for a lasciuious woman what mooueth you then to beleeue it now A wicked and disloiall bond woman Who prouoked you to suspect mee for poisoning your daughter One word spoken by mee in my anger Doe you not know that they which are iustly angrie or grieued do speake that which they neuer thinke Thinke you that the mother hath not a iust cause to bee angrie when shee seeth that her daughter shall be married without her consent Seeing the mother and not the father suffered all the paine in bearing her that inforceth her also to loue her more tenderlie Since I could not abide to see her badly married could I bee so hard hearted as to cause her to bee murthered Alasse the feare that I had of her death made me to diuine her destruction In like sort it is euident that those which are ouercharged either with anger or feare doe oftentimes vnaduisedly foretell such mischiefe as shortlie after falleth out but too true euen so hath it happened vnto mee being ouerburdened both with the one and the other accident consider O you Iudges how mad this man is who vnto his daughters death would ad his innocent wiues decay grounding his opinion therein vpon such a word as any one that desired to kill another would neuer vtter Lastly I protest that he wrongfully seeketh my discredit therfore I request that he may make me amends for my disgrace Declamation 74. Of Romulus who caused his brother Remus to be beheaded ROmulus and Remus being both brethren and twins were the founders of Rome and the first Kings thereof neuerthelesse they were ruled by the aduice of the Senate who had established a law that hee which went forth of the citty without leaue of the kings or the licence of the Senat should bee guilty of Treason and bee forthwith beheaded Vpon this decree they began to build the wals of their cittie Where the two Kings being one day both together and Romulus praising the diligence of the workemen saying that they had in a short time raised the walles so high as they might be well tearmed defensible Remus to shew the agilitie of his person or it may be to contrarie his brothers speeches leaped at one iumpe ouer the wall foorth of the cittie wherevpon Romulus being greatlie displeased and exceeding angrie or rather because loue and rule can neuer abide anie companion so it may be he hauing long before sought for some occasion caused his brother to bee suddainely taken and affirming that he was gone forth of the cittie without leaue hee did by the law condemne him and made him to be presently beheaded Wherewithal the Senat being displeased accused Romulus for killing not onely his brother but also their King And thus they say WHat good lucke or happinesse may wee hope to reape of our Commonwealth or cittie seeing that in the beginning thereof not onlie one twinne brother hath presumed to kill the other but also the King hath murthered the King If one hand should cut off the other one foot tread vpon the other one eie darken the other and finallie if all the members would seeke to hinder each other what benefit or helpe may be hoped for of the bodie As the man which hath but one eie is alwaies in danger to be starke blind or as he which hath but one hand the least hurt which the other hand receiueth maketh the man altogether impotent euen so wee thought our selues happie to bee free from the like danger hauing two kings to the end that if the one were sicke the other might gouerne and aid the Commonwealth those dangers which the one might incur for want of foresight the other might preuent by his forecast the one being abroad the other was in the cittie and being not onelie brethren but twinnes wee hoped that they should be inuincible but alasse the one hath ouerthrowne the other What punishment then dooth not hee deserue which hath depriued the Commonwealth of so great a hope Who knoweth not that kings are the true guides of the people and how good or bad soeuer they be the most part will follow their example Vnhappie then are those Commonwealths where the kings are wicked and especiallie when their chiefest fault is crueltie which in them is most odious therefore hath nature framed the drone being king of the bees without a sting or at the least if he haue one he vseth it not if crueltie then be so vnseemely for kings how much more is it for such as are the first kings seeing that they doe instruct and embolden all their successors to follow their steps for mans frailtie is more prone to follow the bad then the good doe wee not know that sharpe lawes are made not to destroy Cittizens much lesse Kings but onlie to bridle the vicious and by keeping them in aw to assure the vertuous the text of the law is strict but the glose is ample ought alwaies to tend rather vnto clemencie then crueltie What would you say
and neighbours it is too manifest that charitie is so exceeding cold that if one doe but twise desire a fauour or pleasure at anie mans hands he is straight said to be importunate moreouer it is to be considered that to take those out of the world who haue ben the cause of some great mischance is not the next way to redresse the mischiefe but rather to encrease it Concerning the naturall malice of little children being conceiued in sinne and that they retaine or imitate the bad rather then the good aske nature wherefore they are so But you shall find that he which accuseth nature condemneth himselfe for we are all subiect to her lawes If euerie thing should be taken at the worst and according to your saieng the most part of men should deserue death and you might be one of the same number Where do you find that he or she is vnworthie to liue which hath not either a faithfull friend or a louing neighbour Seeing such happinesse is so rare as all those which haue written vnto this present time doe not make mention of six paire of faithfull friends Amongst whom are Theseus and Perithous Achilles and Patrocles Laelius and Scipio Orestes and Pilades he must be a good friend with whoÌ„ one would trust his child and more then a good one if he will ordinatily haue the care and trouble to look vnto it How would you then find amongst poor women that which so sildome is found amongst so many famous men It is verie likelie that this woman did not kill her daughter as being cruelly addicted to murther but rather as being ouercome with a iust cause of anger The comparison which you make in likening her vnto a brute beast is very odious seeing that she would not onelie haue defended her children against all those that would hurt them but also that the compassion â—â—ich she had to see one of them dead induced her to strike the other In all ages there haue ben seene manie shrewd turnes and mischances therefore the fault happened in this our age may be repaired if the Iudges wil be pleased to bee as mercifull as you would haue them mercilesse for by that meanes the offence of a woman shall be the cause that in after ages the mildnesse of our Iudges shall be remembred Declamation 79. Of a Turke who bought a child with a red head to make poyson of him A Poore woman hauing but one sonne which was of a red coloured haire which the Frenchmen doe in a mockerie call the dissembling haire put her said son to serue a merchant who within a while carried the child with him into Turkey who whilest he there remained there came a Turkish Phisition oftentimes vnto the said merchant to enquire whether he would sell the red boy But the merchant alwaies answered him that he would not vntil that on a time the boy said vnto him secretly Maister sell me well and giue the money vnto my mother to releeue her pouertie and I will find the meanes to run away and to escape from him well enough so that I will returne vnto you or to my mother the merchant agreed therevnto and sold the boy for a certaine summe of Ducats hoping to see the boy againe but within a while after hee was very much abashed when he could see him no more Wherfore he demanded of the Turke where the boy was and intreated him so earnestly that he might see him again that the Turk hauing brought him into his house shewed him onely the boies head and all the rest of his quarters boiling in a cauldron wherewith the merchant was greatly amased but dissembling his sorrow as much as he could asked the Turke what he would doe with that child boiled the Turke answered him that it was to make poyson and that he hoped to gaine more then ten thousand ducats by him the poore merchant being very sorrowfull brought the money home with him and gaue it vnto the boies mother telling her not without teares the whole truth of the matter the mother refused the money and required iustice of him that had sold her sonne accusing him to be the cause of his death and these were her reasons WHo is more miserable then I Seeing by the fault of him with whom I would haue trusted mine owne life my sonne being his seruant was euen in one month sold as a slaue then most cruellie slaine and why was he slaine Alasse to be not onelie the instrument and cause of the death of manie others but it may be to serue for the ruin and destruction of all Christendome since there needeth but a little poyson to murther those that defend the same I did lend thee my sonne to doe thee all good and honest seruice vpon thy promise that thou wouldst vse him as thine owne I doe aske thee whether thou wouldest euer haue sold thine owne sonne vpon anie condition whatsoeuer Wouldest thou not haue sent him to trauell abroad to see the world and to learn vertuous qualities that he might bee a stay vnto thy age and a profitable member in the CoÌ„monwelth I hoped to haue had the like of my sonne and the losse ought not to be esteemed anie thing the lesse because he was sonne vnto a poore woman for they when they once giue their minds vnto learning or anie other good qualitie doe become more vertuous as for example Agâ—thocles King of Scicilia was not he the son of a potter Viriat king of Portugal Otto and Tamberlane Emperors of the East were all three shepheards Arsaces king of the Parthians would neuer bewray who were his Parents Ptolomey the first of that name being king of Aegypt the son of an Esquire Eumenes one of the successors of Alexander was the sonne of a wagonmaker Dioclesian Emperor of Rome was the sonne of a Notarie Pertinax likewise an Emperor of Rome his grandfather was a bondman Valentinian the sonne of a ropemaker Proba the soune of a gardener Aemilius knew not from whence he came Maximinus was the son of a Muletter with an infinit number of others of farre baser parentage then was my sonne that haue ben the honor of all their countrie Alas must the loue which I did beare vnto my child be measured by thy couetousnes Doest thou not know that a Turke neuer buieth a Christian for anie good that he wisheth vnto him And if he did oughtest thou to allow him to deceiue his maister and to run away from him Thou shouldest haue chastened him for inuenting such a villanie for I did not giue him vnto thee to the end that thou shouldest consent vnto his wicked counsell but that he should be wel counselled and instructed by thee but I doe very well perceiue that it is not said in vaine that couetousnesse is the root of all mischiefe Cursed be the gold I will haue none of it for I know wel that they which wil liue according to the rule of nature haue no need
nature of louers is to thinke euerie minute a month and fearing to lose the good so much of them desired they can hardlie beleeue that which they both see and touch I will willinglie submit my selfe to the law but I will not that thou shouldest haue the credit to compel me in anie sort Thou hast no cause to complaine of thy shipwracke seeing that from the same two holie actions haue proceeded that is to say hospitalitie and mariage I offered thee the one and intreated thee for the other Thou art deceiued if thou thinkest that I will loue thee or thy daughter anie whit the more my life hauing ben once in your power the loue which I doe beare vnto her is great inough without bringing me vnto such an ouergreat extremitie far better is a free and voluntarie loue then is that which proceedeth from anie bond my affection cannot be increased because it is alreadie perfect My marriage declareth that I neither rauished nor constrained thy daughter at all vnlesse it be because I married her without anie substance at all if thou art not content that I haue so done giue mee her portion and I will accept it If thou hast no goods vse mine as the goods of thy daughter and let vs liue in peace Declamation 83. Of a blind woman that would haue detained her sonne from redeeming his father out of prison THe law appointeth that euery child which was old inough to serue and releeue his father or mother and would not indeuour himselfe so to doe ought to bee imprisoned or kept in bonds as a bondslaue Wherevpon it chanced that a man made a long voiage by sea leauing his wife and sonne at home being vpon the sea he fortuned to be taken by Pyrats so that he was constrained to write vnto his wife and son that they might find the means to ransome him out of captiuitie The wife wept so much as she became blind therewith the sonne would needes depart to redeeme his father but his mother would detain him demanding that seruice at his hands wherevnto the law did bind him and would haue caused him to be laid in bonds because he would not tarrie the sonne pleaded against her thus IT is sufficient that two remaine in bondage without desiring that the third should likewise bee laid in bonds the prison detaineth my father in thraldome and your bondage mother is your blindnesse Wherefore will you heape miserie vpon calamitie in bringing me also in captiuitie what wrong doe I vnto you in leauing you a little while for so good an intent as to releiue my father Will you haue the world to doubt that you are not so louing a wife towards your husband as alwaies hetherto they haue esteemed you Will you that for your sake a man may say that all women are in their extremities Doe you not know that vertue consisteth in a meane Will you haue me to forsake my father do you not perceiue that his captiuitie summoneth mee to trauell for his libertie Doe you not consider that the chiefest part belongeth to the father and the second vnto the mother He is abroad you are at home he is in bondage you are free you are amongst pittifull Cittizens hee in the hands of pittilesse Pirats his feet are fettered but thanks to God yours are at libertie true it is that you are blind but alasse he is farre more miserable then you for your blindnesse hindereth you from beholding an infinite number of things which would vex you but he continuallie seeth his enemies vieweth his chaines whippes and bastinadoes which he often feeleth and hourly feareth and looketh vpon the oare and other instruments wherewith he is euermore tired You say the voiage is too dangerous for me how manie are there that to win the loue of some gay ladie will not sticke to aduenture anie daunger whatsoeuer Why then should I feare to deliuer my father Consider that such as hinder others from well doing doe amisse themselues and that hee which giueth not all the aid he can vnto those that are afflicted may be well said to bee the onlie cause of their affliction Wherefore deare mother I beseech you not to be one of that number or if you will needs bee yet suffer me not so to be The mothers Answere IT is thou that desirest vnto my husbands losse to ad my sonnes lacke and so finallie to procure my vtter desolation leauing mee here alone blind and poore If thy father being old subtle could not escape from being taken by Pirats How wilt thou being yong and simple shun the like perils Doest thou say that thou shalt leaue me for a small time when I know thou canst neuer return If thy father had beleeued me he should not now haue ben in that calamitie wherein he remaineth and into that which thou wouldest cast thy selfe neither yet should I haue beene constrained to haue brought that loue in question which thou saiest thou bearest vnto vs both in that which I require there is no extremitie at all for being bound vnto twaine he or she that is present may command as being the nearest thy death or thy losse will not anie whit deminish but rather double thy fathers miserie when he shal know it if he be not dead alreadie as I fear he is For yong men may die too soone but old men cannot liue anie long time if he were aduertised of my blindnesse I am sure he would command thee not to forsake me how wouldest thou then haue thy voiage to prosper when thou vndertakest it contrarie to thy fatherrs meaning and against thy mothers mind Where is thy true obedience Is this the recompence for my bringing thee forth with so great pain And for nursing and bringing thee vp with such exceeding care In seruing me thou doest well in leauing me thou doest ill so that thou canst not saie that I hinder thee from well doing But I would rather persuade and compell thee therevnto if I could likewise I haue as much need of helpe as thy father hath who did himself command thee not to forsake me when he departed from hence and then being not blind I had no such need of thee as now I haue Neuer imagine that God will euer fauour thee if thou now forsakest me Declamation 84. Of a rich man who thinking to burne the tree of a poore man did also burne his house THe law appointeth that whosoeuer harmeth another man vnaduisedly he must but onely recompence the hurt that is done but if anie doe a mischiefe of set purpose or maliciously hee must make satisfaction for the same fourefold Wherevpon it happened that a rich man dwelt next house vnto a poore man that had in his small garden a great tree growing which did take away a great part of the prospect from the rich mans house who did oftentimes intreat the poore man to sell him the said tree but hee would in no sort consent therevnto affirming that it ought
we either giue anie credit therevnto or effect the same least in thinking to obey them we doe disobey them What proofe haue you that Diana requireth the death of my daughter saue onlie the word of an old man who either doteth or it may be would haue this honour that at his bare word the warlike and inuincible Grecians ouercome with superstition haue sacrificed the noblest and worthiest maid of all Greece And neuer alleage that the gods desire the best things for sacrifice for that is meant onlie by brute beasts but as for humane creatures they doe preserue them witnesse the old age of Nestor and others Neither did there euer anie great good proceed of too much superstition which dooth much differ from true religion because the one alwaies tendeth vnto that which is good and the other vnto that which is bad If Diana require her death shee may find her well inough where she is without dishonoring me by the deliuerie of her Which in sooth were a trecherous part What certaintie or assurance will Chalcas giue that the seas shall bee calme by the death of my daughter Durst he gage his head that so it shall be and although he would so doe is those few years which an old man may liue to bee compared vnto the youth of a Princesse who by her progenie will be able to illustrate all the world To kill our owne children is not the way to combate Priam and the rest of the Barbarians I wil not faile in anie sort from the dutie of a good Generall no not in spending mine owne life but my daughters that will I not giue no more then you your selfe would doe if one should likewise demaund your Hermione as well as my Iphiginia I will not in anie sort accuse either Vlisses or Achilles but I doe excuse my daughter who is no way culpable of the forced or voluntarie adulterie of her aunt The same reason which commandeth mee to be couragious doth also forbid me to be cruell but what crueltie can be more vild then to kill an innocent virgin And how much more execrable is it for a man to kill his owne daughter I did at the first promise her as well to auoid publicke sedition in our armie as also to haue leisure thereby to laue my daughter for I hoped that you your selfe and they altogether deliberatlie considering the crueltie of the fact would at the last confesse with me the same to be altogether tyrannicall and vnlawfull for the gods doe neuer fauour such vniust acts To conclude so long as the breath remaineth in my bodie I will neuer consent vnto the death of my daughter for it is sufficient inough that we do leaue our houses forsake our wiues abandon our children and freelie vndertake this iournie no lesse painfull then perrillous to our persons without suffering our daughters to be sacrificed or offered vp to recouer that which you haue negligentlie lost and know no other reason why And I cannot beleeue that anie amongst so manie worthie mē should be desirous or would willinglie behold such a detestable deed but onlie you who thinke to encrease your owne house by the ouerthrow of mine Declamation 86. Of him that hauing taken vp and fostered two yong vnknowne orphants did maime them because he might the better beg with them THe law forbiddeth that no man should either hurt or hinder the Commonwealth in any sort Wherevpon it happened that a man found two infants who through their parents pouertie were laid abroad and left vnto the mercie of the world Wherefore he tooke them and fostering them vp in his owne house he did wryth and breake the ioints of their armes and legs in such sort as hee quite maimed and lamed them to the end that by begging with them he might gaine the money Which being knowne he was taken and accused to bee offensiue and hurtfull vnto the Commonwealth And his accuser said in this sort ALasse how miserable are these infants who haue found one that hath beene much more cruell then he or she that cast them forth Seeing that with the price of their members they are forced to paie for their bringing vp or to say more trulie to satisfie the greedie couetousnes of him that faineth to be their fosterer for if hee had not done it for couetousnesse the verie name of orphants might haue suffised to haue obtained a reliefe both for them and their fosterfather If those that through anger or malice doe wound or kill a man are punished What punishment is not this mischeeuous wretch worthie of who hath done far worse in making these poore infants for euer miserable Wherein hee hath shewed himselfe much more vnnaturall then the brute beasts if it bee true as Histories report that in such a necessitie Cirus Whilom King of Persia was nourished by a Bitch and Remus and Romulus first founders and Kings of Rome by a shee wolfe O neuer hard of crueltie when the lame and impotent are constrained to get his liuing that is whole and sound who hath not onelie made them vnprofitable but odious and burthenous vnto the Common-wealth For they serue to no other end then to increase the famine therein and also in the day of battaile to discourage the hearts of most valiant by their lamentable cries and complaints in like sort it may so happen that some womā with child may dreame of thē in such sort as with the verie fright thereof she may bring forth the like cripples All that which this lewd fellow can alleage is that if he had not beene these infants had died with hunger It may bee no For how manie others might haue found them that both would haue cherished and brought them vp for the profite of the Commonwealth How manie such as they haue become famous warriors yea and Kings Whereof Cirus and the two foresaid Romans are sufficient examples but this vngracious man hath cut off the tongues of some to the end that without speaking they might be more importunate in crauing seeing then O Iudges that you are pittifull towards cuerie one particularlie extend your mercie towards these twaine here together he is aboue all other most cruell who vnder the coulor of mercie doth most mischiefe these poore children are carried about to feasts and publicke assemblies to beg their almes where beholding the soundnesse and nimblenesse of others their sorrow is the more in seeing themselues maimed other orphants or castawaies that are sound are not altogether hopelesse to find their Parents againe or to be knowne by them but these wretches can neuer be knowne because they were not such when they were left of them Finallie it may be alleaged that it was the greatest mischiefe that could happen vnto these twaine to be found and brought vp by this bad man who is the cause of their perpetuall miserie The beggers Answere HE cannot be tearmed cruell who hath ben more pittifull vnto these infants then their owne father or mother
answere of the possessors WE doe allow the same law which you alleage to be iust right but we know not whether we should account you amongst the liuing or the dead seeing that not onlie the people haue accounted you dead but the law it selfe hath adiudged you both for a dead man and also hath caused those to die who confessed that they killed you What witnesse is more like to be true then that which is aduouched by twaine not onelie to their owne hurt against themselues but to the detriment of their goods their honour and their liues If the testimonie which those miserable men haue produced against themselues hath been sufficient to cause them to lose their goods honour yea and their liues Why should not the same be of force to maintaine those in their possession which haue publikely bought an inheritance of him who by the witnesse aforesaid had power to sell and surrender the same If you haue anie interest therein take it you of them who are the cause of your hurt that is of the foresaid witnesses of the Iudge of the lord that tooke you prisoner or of your selfe who could take no order in your owne affaires or seeing you would not agree could not keepe you from your enemies it was no couetousnesse that made vs to buy your heritage but the zeale of the Commōwealth who are interessed when the lands are vnthriftilie wasted likewise you iudge amisse of vs if you think that the desire which we had of your death induced vs to beleeue the same for it was more hurtfull then profitable vnto vs because it was no small contentment vnto vs to haue so good a neighbour as wee haue alwaies esteemed you to be and for that we would be no more in danger to haue so bad a one as your sonne was or a worse we did buy his inheritance the which as our desire is that you should not lose the same so also would not we lose our siluer for the recompence of our care in preseruing your goods amending your heritage of all matters in strife the possessor being on the surer side hath the aduantage We haue nothing to proue against you but it is you that ought to prooue our bargaine to be fraudulent or of no worth and we beleeue that the Iudges will remember that we are not the causers either of your pouertie or age Furthermore they are not ignorant that the chiefest point which ought to be obserued in the Commonwealth is that cuerie one should bee maintained in the quiet possession of that which he hath iustlie gotten and paied for as wee haue done the inheritance which you doe wrongfullie require at our hands This former processe is true and hath been reported vnto me by the lord Iohn Chastillier Knight one of the Kings Counsell and surueior of his Maiesties treasure who assured me that hee was in Piemount during the foresaid processe And moreouer the said lord told me that after long arguing and much controuersies it was iudged that the plaintife should inioy his inheritance during his life without impairing or alieating the same but after his deceasse it should whollie reuert vnto those which did possesse and had bought the same of the said plaintifes sonne Declamation 88. Of Horatius who after he had himselfe alone vanquished the three Curiatij slew his sister that bewailed the death of her husband ABout that time as Rome began to flourish those of Alba an ancient cittie and to say the truth the very same from whence the Romanes had their beginning had some grudge towards Rome through which there arose a mortal war between them the which after many skirmishes and sundrie combates they agreed to end in this sort vz. That the three brethren of the Albanois named the Curiatij should fight hand to hand against other three brethren of the Romanes called the Horatij vpon condition that those which were ouercome their cittie and Commonwealth should for euer bee subiect vnto the other without contradiction or refusall wherevpon the said combattants being entred the lists the elder and the second brethren of the Horatij were suddainlie slaine the which the yoongest perceiuing he fained to run about the field as though he had beene ouercome wherfore the others were ashamed to pursue him altogether so that one alone following him eagerly Horatius suddainly turned backe and slew him and in the same sort he slew the second that was somwhat too slow in seconding his brother then making head against the last who had maried the sister of the said Horatij he likewise slue him not without receiuing also manie wounds himselfe whereof when he was healed hee came in triumph to Rome al the people and the noblest matrons of the citie meeting him by the way amongst whom by the commandement of her father his sister also went who had lost her said husband in the combat she seeing her brother triumph ouer the death of her husband her brethren in law lost all patience and setting apart al respect instead of welcomming him home she said vnto him Thou cruel menster how haddest thou the heart to slay my husband and saying so she burst forth into abundance of tears wherwith he being inraged answered art thou she alone amongst so many honorable ladies that art sorrie for the prosperitie and libertie of Rome or that repinest at my victory and saying so he gaue her a blow with his sword on the breast afterwards suddainly repenting himselfe for the deed hee alighted from his triumphant chaire indeuouring if it had ben possible to haue gotten life in her again but he could not for she suddainly died being great with child For which deed those that maligned the glory of Horatius tooke occasion to accuse him so sharply as he was cōdemned either to bear the yoke of an exe vpon his neck through Rome in signe of bondage or to bee whipped with rods and hanged vpon a crosse vntill hee were dead but he appealed from this sentence and his father pleaded for him in this sort WHether are your hearts and vnderstandings caried O you Romanes that you will thus persecute your redeemer Doe you not know that aboue all other vices Ingratitude is most displeasing vnto the gods How can you then prosper Surelie it is impossible Will you oppresse him that could not bee dismaied with the death of his two brethren much lesse discouraged with the presence of his three enemies Will you despise him whom the gods haue caused to be borne for the libertie and honour of Rome Know you not that in all this none hath been harmed but I Is it not sufficient that I haue lost two sonnes and a daughter but that I must also lose this son too who onlie is left to be the staffe of my age and comfort to my forepassed afflictions why would you make him a bondman that hath been the cause of your freedome Doe you not feare that this is an vnluckie token which threateneth all your
wealthie he maketh him his heire In the mean season the other brother falleth likewise into pouertie whervpon his sonne doth secretly sustaine him with his ouncles or his adopted fathers goods who likewise forbiddeth him and lastly driueth him away and disheriteth him for the same cause wherevnto the nephew opposeth him saying YOu cannot disherit me for the same reason which hath induced you to adopt me for if it were well done to sustaine you it is yet a better deed to succour my father Charitie is commendable towards all men wherefore then would you alone vsurpe it the more miserable that a man is the more requisite it is to be charitable vnto him how much more then vnto him that is inforced to hope and expect for releefe at his enemies house by the meanes of such a one whom he hath driuen from him You say that heretofore he forsooke me I answere that the example of another man his vice is no excuse but a great error do you not know that euerie prosperitie is vncertaine What is he that hauing seene Marius lying by the sea side vpon the reeds would euer haue beleeued that he had ben Consull of Rome or that euer he should so be again What doe you thinke that he which is most happie need not to stand in doubt and that he neuer may hope to be vnfortunate Your selfe serues for an example of the contrarie consider then that he which beggeth reliefe of you is your brother which hath craued of his brother receiueth it by the hands of his sonne which is he that taketh naught of yours but of the inheritance which you haue alreadie giuen vnto him it is your nephew or adopted sonne which giueth because he will not suffer his owne father to perish with hunger and by that means be adiudged vnworthie of your adoption I doe not ouerthrow you but I feed one onlie old man and I am vnto you in steed of manie seruants All the world should perish if wrath were not by mercie appeased I am the onelie sonne which is alwaies tossed betweene two fathers and still forsaken of the richest but I take God to witnesse that leauing you rich I will depart vnto the dores of another shewing vnto euery one him for whom you disherit me although I cannot be disherited for hauing done that whereunto the law both bound me and also constrained me what a matter were it if you should forbid me to weepe when I see a man in miserie Our affections are not in our owne power Manie lawes and customes vnwritten are farre more certaine then those which are of which the law of nature is most infallible The Answere ALl that which thou hast alleaged is rather a boasting then anie acquitall or excuse Touching my feare it is iust for I ought not to take such a one for mine heire which is vnthankful or rather mine enemie wherefore I doe forsake thee for although thou bearest no mallice vnto him that hath done me wrong yet doe I hate him that hath done thee iniurie so great was my affection towards thee thou wert no more his sonne being not onlie forsaken of him but also adopted by me it was of me that he should haue craued not of thee What art thou that wilt appoint a law vnto thine ouncle thy supposed father and thy benefactor we haue not remitted our controuersie vnto thy iudgement for we haue God the lawes and the Magistrates for iudges Declamation 38. Of the Elians who did cut off the hands of Phidias after he had made the Image of Iupiter Olimpus THe law amongst the Grecians was that whosoeuer committed any sacriledge should haue his hands cut off Whervpon it happened that the Elians required and intreated the Athenians to lend vnto them Phidias their grauer or caruer of Images a man most excellent in that art whom they did lend vnto the said Elians to make an image of Iupiter Olimpus vpon a condition that they should restore Phidias againe vnto them or one hundred talents which are threescore thousand crownes for him the image being made the Elians doe pay Phidias his wages and afterwards affirming that he hath stolen gold forth of the temple they cut off both his hands it may be through malice because he should neuer make anie image so faire againe and so they send him so maimed home againe vnto Athens saying that they are quit of their promise but the Athenians demand the hundred talents and say WE can no more bee serued by Phidias in anie sort for he was onlie able to manifest his worthinesse so long as one might see his workes when he went vnto you he had hands whereby hee made the Image of Iupiter it is you that haue committed sacriledge in cutting off his holie hands your god was the first that did behold the innocent blood of this workman wherefore he shall be a witnesse against you all alasse poore Phidias some men are releeued by their cunning and skill in their miseries but they haue beene the causers of thy miserie Doe you thinke that we doe account him to bee receiued being without hands whom you did require of vs because of his hands We hauing lent you such a one as could make gods you do restore vs such a one as is not able onlie to worship thē Are you not ashamed to offend Iupiter with such sacriledge It is the man indeed but the workman is lost you doe not restore Phidias at all but a continual griefe and a desire to haue him a greefe to haue him as hee is and a desire to haue him as he was his hands which were woont to make the gods cannot now bee held vp to intreat men Alacke Iupiter was so rare a peece of worke as the Elians were desirous it should be the last to the end that they might gaine that glorie to haue the last and chiefest worke that euer Phidias made wee lent you the hands we require the hands againe You make your selues accusers witnesses and iudges wherby your falshood is knowne for it is not like to be true that he who neither was couetous nor tooke pleasure in anie thing but in his art wherewith hee gained more then he would should be a theefe moreouer he which made the gods would haue disdained to steale that which was hallowed vnto them wherefore we do call those gods which Phidias hath made and those whome he might yet haue made against you vnlesse you satisfie the contract for we will confesse that we haue receiued Phidias if anie do sweare that we may be serued by him and you cannot denie but that you haue deceiued vs but assure you that we will be reuenged of you therefore The Answere VVE had gold iuorie and other holie things wherwith we determined that Phidias should haue made vs diuers other Images for the which cause we did well reward him for the first we did request him of you to the end that the gods might be serued by him and not
to be robbed by him but seeing the contrarie wee haue iudged that it is no lesse fit to reuenge the wrongs done vnto the gods then it is to pay their seruices Wee are not the cause that Phidias hath lost his hands but it is his offence and the law require of them then your amends or els complaine of them and not of vs who haue in all thinges done what we ought or if you will vexe vs wrongfullie for Phidias we will call vpon those gods whom hee hath offended to helpe vs hoping by their aid to destroy those which would hurt vs. Declamation 39. Of the son that defended his mothers cause who being distraught did wrongfully accuse her selfe to be guilty of sacrilodge THe law saith that whosoeuer doth voluntarilie confesse to haue offended the law without anie other witnesse is worthie of punishment Whervpon it chanced that a certaine woman hauing in one day lost her husband and two of her sonnes by some violent death did fall into such dispaire therefore that she hanged her selfe but her third sonne happened to come before she was throughly strangled who cut the rope asunder and after he had gotten her to life againe hee carried her vnto the Temple to the end that the respect of a place so holy might keepe her from doing her selfe anie hurt then he went forth to buy some sustenance to comfort her In the meane season it happened that the officer came in there to search for church robbers this woman being desperate confessed that she had robbed the Temple wherevpon the Magistrate according to the law would haue her punished but the sonne in the meane time happened to come who gaiinsaied it thus THat which is fallen out in our house ought to protect my mother being cōdemned here wherefore I knowing the matter it is lawfull for me to examine her my selfe of the offence in your presence which she wrongfullie taketh vpon her moreouer it ought to bee considered that the law saith that those which confesse a crime shall be condemned Now to confesse is to aduouch the accusation for feare of the racke or other tortures but to accuse her selfe is not onlie a doubtfull confession but a sure euident and most manifest desperation and that it is so it must be known of her how and when shee commited this sacriledge Or where she hath bestowed that which she stole Trulie she cannot prooue her saying but she thinketh that she committeth sacriledge in suruiuing after the violent death of her husband and children and no other crime can be found in her wherefore in her own opinion her saying is true but by the law she is not punishable seeing that if I had not ben she had been dead alreadie by her owne hands It behooueth me to beseech the iudges to be mercifull to the offenders but I had need not onlie to intreat but also to compell my mother to take pittie vpon her selfe what need you to doubt if a woman ouercome with sorrow desireth death when a number with ouer exceeding ioy haue died suddainly Whereby it plainelie appeareth what weakenesse remaineth in the female sex who therefore are not to be beleeued nor receiued for witnesses But tell me good mother Why doe you not beare your losse patiently seeing that you see the gods themselues doe lose that which is consecrated vnto them in their Temple Alas worthie iudges you doe well know that the afflicted doe more feare honour and reuerence the gods then those that are in prosperitie How then should this woman more wofull then any other presume to offend them with sacriledge What need hath she of riches that desireth to liue no longer Neither hath anie children to leaue them vnto but me who would redeeme my father and brethren from death with those which I haue yet of mine own me I say who haue and do loue my mothers life better then her wealth Alasse no want of riches but want of heires to possesse them is cause of her miserie You may say that she being angry against the gods for her losse desirous to be reuenged hath committed this sacriledge there is nothing more vnlikelie for her courage is abated with griefe and she attributeth her mishap vnto her selfe and not vnto the gods neither is it the least mischiefe that fortune doth vnto vs when being our greatest enemie she doth not onlie make vs miserable but also supersticious in such sort then we beare the greatest reuerence not vnto the gods alone but chieflie vnto inconstant fortune all this is prooued by her because she had rather hurt her selfe then offend the gods but if otherwise it were far more easie had it ben for her to haue burned the Temple thē to haue stollen the treasure locked vp vnder so manie keies wherefore you ought to waigh al the circumstances together and to be verie carefull that the law and the penaltie thereof which serueth for a terror vnto the wicked and malefactors bee not inflicted vpon the innocent For he committeth a greater offence which punisheth the innocent then he doth that pardoneth the malefactor The Iudge answereth THere was neuer anie sacriledge that could be hidden for euerie tongue and especiallie the malefactors owne toung is readie to reueale it as by this woman it appeareth that accuseth her selfe prouoked thervnto by the wrath of the gods who for her offence doe pursue her wherefore it is reason that I appoint her to be punished vpon whom the gods disdaine to shew their miracle in consuming her with lightening as if she were vnworthie to die by the hands of any god but they all together doe pursue and driue her to worke her owne confusion by a most shamefull death the which by her being perceiued she rather desired to die by her owne hands but they haue not suffered her to the end that the wrong done vnto their Deitie might be publickly reuenged and that she might serue for an example vnto all the world so that thou wert sent by them to cut the cord asunder but doest thou thinke that a church robber may die anie other way then by iustice She hath done as much as in her lay to conceal and not to confesse her offence yea and that by the making of her selfe away yet she could not but in spight of her she was constrained to be her owne accuser and to require her deserued punishment which is no small miracle Therefore if thou desirest to know her offence It may onlie be answered that she hath committed sacriledge the which she confesseth and aduoucheth If thou demandest why she did it I say that if she committed it before the death of her children it was to enrich them if it were after their death it was because she would be reuenged of the gods Where thou saiest that it had ben more easie for her to haue burned the Temple in that thou shewest thy selfe to be her son but farre more wicked then she if it were not rage and ouergreat
seeing the same was more easie for him to accomplish then for me to indure so manie torments for I haue suffered whatsoeuer ancient cruelty was able to inuent that which this present age might possiblie ad thervnto what shall I further say but that the hangmen were wearie and tired and the Tyrant himselfe was tormented at my tortures Hauing then bought with such exceeding pains life honour glorie and riches for this ingratefull man why would he put me away to take a richer wife For one more noble he cannot haue if that be true nobilitie which proceedeth from vertue O how plainely doth it appeare by him that abundance engendereth auarice which is the root of all vice and enemie to all vertue as he doth very well declare for when he was more poor and lesse wealthie then had he more pittie and lesse wickednesse But what is this fellow that would prescribe nature a law and appoint the times wherein a woman should conceiue Must hee be like vnto God Doth he not yet know that he is worse then a beast that would be better then a man Must he be so presumptious Consider onely that if you are worthie to bee honoured I deserue not to be hated The Answere YOu might haue iust cause to reprooue mee for your torment if I had not reuenged your torture if you did know that I intended to slay the Tyrant and you neither did reueale nor confesse the same you must not thinke that I am anie whit then more bounden vnto you for it for it is no good deed to abstain from doing ill but to perseuere in doing good and I doe verily beleeue that you were ignorant of my intention for I neuer made you acquainted with anie thing not minding to trust a pratling woman whose nature is to keepe nothing but that which shee knoweth not with a matter which was only worthie of the aduice of a manly courage both graue sound and wise the which parts I did then know to bee vtterlie wanting in you Nay I may trulie say that before your torments I neuer determined to kill the tyrant but your sustained wrongs inforced me to seeke reuenge But although you had heard something and disclosed it not yet was the same no good turne but fidelitie in like sort if you had but confessed neuer so little you should haue beene worse tormented to haue gotten more matter from you and you had been deemed the more guiltie in not reuealing the deed before you came to the torture Wherfore in confessing anie thing you could not but prolong your paines and shorten your life you haue then done more for your selfe then for me Hauing then done nothing for me I cannot be beholding to you not being beholding to you I cannot bee called vnthankfull and the rather because I do not wrong you in putting you away seeing it is not because I dispise you but you must know that Cato in his old age was married againe vnto a poore yoong maiden whervpon his sonne demanding of him why hee gaue him a mother in law He answered My sonne it is not to offend thee but to giue vnto thee more brethren as victorious as thy self to the end that you may altogether profit the Commonwealth So mine intention is to beget children which as I haue said may one day bee profitable vnto the Common-wealth Suffer me then to haue that of another which I can neuer hope for of thee and let the good and profit of the Commonwealth be preferred before our owne pleasure for we ought not to be born for our own commoditie but for the good of our natiue countrie and those which doe otherwise thinke may not onely say that they are vnborne but that they are vnworthie to be borne I would not then that you should bee of the same number Declamation 65. Of a rich man that died for the loue of a chast woman vnto whom he bequeathed all his goods whervpon her husband accused her of adultery IT chanced that a certaine man hauing a passing faire wife left her alone at home and he made a voiage to Ierusalem In so much that there happened a verie rich marchant being a stranger to come and lodge hard by this fair womans house so as the said marchant became in loue with her and sending her sundrie great presents he solicited her to loue him but she refused his presents three times and being thereby frustrate of all hope to speed the said marchant became exceeding sicke bequeathing all his wealth vnto this faire wife adding these words vnto his testament Because I haue found her chast and modest He being dead the faire woman receiued the riches and goods her husband is aduertised thereof before he come home to his house Wherevpon hee became so suddainly iealous that at his return he accused his wife of adulterie saying THou canst not denie but that either in deed or thought thou art an adultresse for these riches doe witnesse against thee I will confesse one onely point which is that my absence might haue beene the cause thereof but now it must be considered what a wife you are vnto me what an husband I haue ben vnto thee hast thou euer wanted anie thing Or didst thou feare that thou shouldest want What haddest thou then to doe with these riches But who knoweth not that the most women are sooner ouercome with couetousnesse then loue Diddest thou not know also that continency and concupiscence are the two keies of womens honors for by the one it is preserued and by the other it is polluted Wherefore euery woman of worth ought to behold nothing but the earth sometime her husbands face for feare least she should desire some other thing vnto euerie stranger she ought not only shew her selfe bashfull but vncourteous faining to bee blind and deafe for loue entreth in by the eies and is conceiued by the eares also by a womans countenance either a deniall or a consent is a great deale sooner and better perceiued then by her tongue they which make a sound deniall at the first are neuer importuned the second time much lesse the third time Who will euer beleeue that anie man would haue left all his goods vnto a woman because hee found her contrarie to his wish If he were so glad to find her chast why did hee solicite her to bee immodest It is a great follie for anie man to seeke for that which he would not find Who may not say or thinke that this our age is void of all shame Seeing that a stranger witnesseth the chastitie of a woman towards her husband before hee is required shee that feareth not to be thought an adultereste wil neuer be ashamed to be one indeed for opinion gouerneth all things at her pleasure and if shame or feare of infamie did not restraine some more then another there would not be one good woman for shame serueth as a bridle to the immodest and as a guide vnto