their Ornaments and their strange kinde of boldness But who could imagine but that the Gauls now Victors would soon have turn'd their admiration into Laughter and into all manner of Contumely Therefore Caius Attilius would not stay to expect that injury for he fiercely laid his Stick cross the pate of a Gaul that too familiarly stroaked his Beard offering his body freely to the Souldier that out of madness came rushing to kill him Thus Vertue knows not how to be taken and Patience knows no disgrace To yield to Fortune it accompts sadder than any death and it invents new and generous kinds of perishing if he may be said to perish that comes to such an end 8. We are now to give due honour and glory to the Roman Youth who when C. Sempronius Attarinus Consul had sought with ill success at the battel of Verrugo against the Volsci lest our Battel just upon the point of flying should receive a Rout diâ—mounting from their Horses immediately rallied into Foot-companies and broke the Enemies Ranks who being thus forced to retire the Roman Youth possessâ—d themselves of the next Hills and so ordered it that the Volsci turning all their Force upon them were the cause that our Legions got in the mean time a very great refreshment to confirm their Courage And thus while they thought of obtaining the Trophies the night separated born Armies uncertain whether they parted Victors or vanquish'd 9. A noble Flower of the Order of Knighthood was he also by whose wonderful Fortitude Fabius Maximus Rullianus Master of the Horse was acquitted of a Crime which he was like to have fallen into of loosing a Battel to the Samnites For Papyrius Cursor being gone to the City to renew the inspection of Entrails he was left chief Commander in his absence And although he were doubtful of leading the Army out to battel yet at length joyning battel with the Enemy he sought not so unsuccâ—ssfully as rashly For without question he had the worst At which the Young Nobility pulling the bridles off their horses spurr'd them with all their might against the very faces of the Enemy by an obstinate Gallantry restoring a Victory wrung out of the hands of the Enemy and the hope of Rullianus which his Country now conceived of his being the greatest of our Citizens 10. But of what a prodigious strength were those Souldiers who wading the slippery Sea as they had been on firm Land hal'd back the Punick Fleet by main strength to the shore though endeavouring to fly with the labour of all their Oars 11. About the same time and of the same repute was that Souldier who at the Battel of Cannae where Hannibal rather brake the power than the courage of the Romans when his wounded hands were unable to hoâ—d his Arms graspimg a Numidian about the neck that come to srrip him he bit off his Ears and his Nose expiring in the midst of that revenge An odde kinde of Event in fight where the party killed is stronger than he that kills him For the Carthaginian liable to revenge rejoyc'd the dying person and the Roman was his Revenger at the very conclusion of his life 12. Publius Crassus making War in Asia with Aristonicus bâ—ing set upon by the Thracians of which he had a great number for his assistance between Smyrnae and Elea for fear he should come into their power he avoided the shame by resolving to die For he thurst his Riding-rod into the eye of one of the Barbarians who enraged with the pain thereof thrust Crassus into the side with his Cutlace and while he revenges himself freed the Roman Emperour from the shame of having lost his Honour Crassus shewed Fortune that she intended to have punished a person altogether unworthy of so great an Indignity as being one that not onely prudently but couragiously broke the snares which she had laid to entrap his Liberty and restored his own Dignity to himself although now given to Aristonicus 13. The same resolution Scipio made use of who having unsuccessfully endeavour'd to defend the cause of Pompey his Son-in-Law in Africa endeavour'd to fly into Spain but understanding that the Ship wherein he was was taken by the Enemy he ran himself through and so falling down upon the Poop when Caesar's Souldiers asked for their Commander he made answer The Commander is well having power only to speak so much as to testifie to his eternal praise the Greatness of his Minde 14. Not less the Moniment of Vtica were thy last breachings mighty Cato out of whose Wounds flowed more Glory than Blood For with a fierce Constancy lying upon the Sword thou wert a most noble Example of Instruction That to all good Men Dignity and Honour without Life is far better than Liâ—e without Honour 15. Whose Daughter had no Womanish Spirit who knowing the resolution that her Husband Brutus had taken to kill Caesar the night before the day wherein that most horrid act was committed assoon as Brutus was gone out of the Chamber she call'd for a Razor pretending to pare her Nails and as if she had let it tall by chance gave her self a Wound therewith Upon the cry of the Maids Brutus coming in began to chide her that she had took the Barber's trade out of his hands To whom she privately whisper'd This is no rash action of mine but as things now stand a most certain proof of my Love towards thee For I was resolv'd to try if thy purpose should not succeed according to thy desire how bravely and patiently I could kill my self 16 More happy in his Offspring was the Elder Cato out of whose Loins sprang the Family of Porcius Who being in battle forely press'd upon by his Enemy his Sword fell out of the Scabbard which though he saw encompass'd with such numbers of his Enemies yet such was his obstinacy to recover it that he would not give over till he had done it so that at length he seem'd not to have wrung it out of the hands of dangâ—r but to take it up in security Which sight so terrified his Enemies that the next day they came to him to bâ—g â—â—r Peace 17. The Fortitude of the Gown may be mixt with Warlike Actions deserving the same honour in Courts of Justice as in the Camp When T. Gracchus having got the favour of the People by his profuseness endeavour'd to oppress the Common-wealth and openly declar'd that the Senate being put to death all things ought to be transacted by the People The Senate being summon'd into the Temple of Faith by Mucius Scaevola Consul began to consult what at such a time to do and all being of opinion that the Consul ought to govern the Common-wealth by force of Arms Scaevola denied that he would do any thing by force Then replyed Scipio Nasica Because saith he the Consul while he follows the course of Law doth that which will bring both the Law and all the Roman Empire in jeopardy I as a
who assembled the Judges preparing to plead he sent to tell him that he died not condemned but guilty and that his estate could not be confiscated and haying so said stopping his Mouth and Nostrils with his Handkerchief and holding his Breath he prevented his punishment by Death Which being known Cicero forbore to pronounce Sentence Thus an Illustrious person freed himself from an unusual sort of Death from the shame of Condemnation and his Family from Want 8. This a stout Death the next ridiculous For Cornelius Gallus and â— Haterius a Roman Knight expir'd at their Venery But what imports it to reprehend the Fate of those whom not their Lust but the condition of humane frailty brought to an end For the end of Life being â—xpos'd to various and occult Causes sometimes certain accidents gain the title of Supreme Fate when they rather happen at the time of Death than any way hasten it FORREIGNERS 1. The Deaths of Strangers are also very remarkable as that of Coma the Brother of Clean the greatest Captain of Thieves in his time For he being brought to Rupilius the Consul after the taking of Enna which the Thieves kept being examined touching the force and designes of the Fugitives resuming time to collect himself he covered his Head with his Knees bent and holding his Breath he expir'd in the hands of his Keepers and in the sight of the supreme Command Let the miserable torment themselves to whom it is more profitable to dye than live with timorous and dubious counsel how to end their Lives Let them sharpen their Knives temper Poysons take Halters view Precipices as if it required some preparation or exact method to separate the strict society of Soul and Body Coma made use of none of these but his Soul being shut up in his breast sound its own way 2. The Death of Aescbylus though not voluntary may be however related for the novelty For walking out of the â—â—wâ— where he liv'd in Sicily he sate down in a conveâ—â—â—â— place upon whom an Eagle bearing a Tortoise deceived by the baldness of his head let fall the Tortoise to break it that he might come at the flesh And by that blow the beginning of a higher Tragedy was stifled in the birth 3. Nor was the cause of Homer's Death vulgar Who is said to have died for grief because he could not answer a question which the Fishers put to him 4. More sadâ— was the destiny of Euripides For returning to the house where he lay in Macedonia from supping with King Archelaus he was torn to pieces by Dogs A fate too severe for so great a Wit 5. Sophocles being very old and having rehears'd a Tragedy at the publick place for triâ—l of Wit after a long dispute remaining at length Victor by one voice died for joy that he had won 6. Philemon was carried off by immoderate laughter For an Ass eating certain Figs that were prepared for him and set before him he call'd the boy to drive him away who not coming till the Ass had eaten them all up Because then comest so late said he prethee give the Ass some Wine too and prosecuting his Jeast with an intemperancy of Laughter stopp'd up the passages of the Spirits 7. But Pindarus laying his head in the School on a Boy 's lap who was his only delight and composing himself for rest was not known to be dead till the Master of the Exercising-place where he lay going to shut the doors sought in vain to wake him Certainly the same favour of the Gods granted him his Poetic Eloquence and such an easie Death 8. As happen'd also to Anacreon though he had outlived the age of man whom cherishing his old age with the juice of Raisins the more thick moisture of one Grape sticking in his Throat carried off 9. I will adde those whose Exit and Intent were alike Milo the Crotoniate as he was travelling seeing an Oak clest with Wedges trusting to his strength went to the Oak and thought with his hands to pull one from the other But the Wedges falling out the Oak closed again and there kept him till with all the Palms and Victories he had won the wild beasts came and devoured him 10. Polydamas also the Wrastler being forced by stress of weather to shelter himself in a Cave which being weakned and ready to fall while his Companions ran away he only stood still thinking to have upheld the weight with his Shoulders But being opprest with a weight more powerful than humane strength the shelter which he sought from the shower became the Sepulcher of his own mad fate These Examples may teach us that Vigour of Minde and vast Strength of Body are not always companions Nature not affording two such great Benefits together that the same person should at once be the most strong and the most wise CHAP. XIII Of Desire of Life ROMANS 1. Mu. Aquilius Consular Legate 2. Cn. Carbo thrice Consul 3. D. Junius Brutus Proconsul FORRAIGNERS 1. Xerxes King of Persia 2. Massinissa King of the Numidians 3. Alexander King of the Phereans 4. Dionysius the Tyrant NOw because we have touch'd upon some casual some couragious some rash terminations of Life we may now adde some that are low-spirited and effeminate That by the comparison it may appear how Death may be sometimes not only more stoutly but more prudently desired 1. Mu. Aquilius when he might have bravely died chose rather to be an ignominious slave to Mithridates Whether shall we say he best deserved the Pontic punisshment or the Roman Empire Since he permitted private Ignominy to be the publick Shame 2. Cn. Carbo is a great blot to the Latine Annals who in his third Consulship being sent to be put to death in Sicily by Pompey humbly and with tears in his eyes begg'd of the Souldiers that he might have time to ease himself before he suffered that he might enjoy that miserable moment of a pitiful Life and so long he delayed till his head was sordidly cut off as he sate The words relating so much Pusillanimity are at variance among themselves neither friendly to silence because they deserve not to be conceal'd nor familiar to rehearsal when the subject nauâ—eates 2. Brutus with how much shame did he buy an unhappy and small moment of Life For being taken by Furius whom Antonius had sent to apprehend him not only withdrew his Neck from the Sword but being admonish'd to hold still he swore in these words As I live I will hold it sorth O contemptible delay of fate O stolid and silly Oath But these are thy deliriums out of an immoderate desire of the sweets of Life expelâ—â—ng that measure of Reason which teaches to love Life yet not to fear Death FORREIGNERS 1. Thou the same sweetness of Life didst compel Xerxes to shed tears for the armed Youth of all Asia of which there would be none remaining in less than an hundred years Who thereby seem'd to me while he
On a suddain they abound and vanish as soon In no place or person fix'd upon a stable foundation but toss'd hither and thither by the uncertain state of Fortune miserably they precipitate them into the depth of Calamity whom but now they had exalted as high as Heaven And therefore they are neither to be esteemed nor accompted Felicity which to the end they may redouble a desire of enjoying them are wont to oppress with a heavier weight those that they flatter'd before with their most indulgent savours LIB VII CHAP. I. Of Happiness 1. Q. Metellus the Macedonian 2. Gyges the King of Lydia WE have related several Examples of the Inconstancy of Fortune for there are very few that render her propitious Whereby it is evident that she is generous and free of her Adversity but very sparing of her Prosperity 1. Let us see then with how many degrees of favour she prosecuted Metellus from his Infancy to his Death with an incessant indulgence She gave him his birth in the Capital City of the World She gave him most noble Parents She furnish'd him with admirable parts of Nature and strength of Body She married him to a Wife conspicuous for her Chastity Fertility She grac'd him with the Honour of Consulship the Imperatorian Dignity and the Splendour of a renowned Triumph She so order'd it that at the same time he had three Sons living Consular men one also a Censor and Triumpher and the fourth a Pretor She married him Three Daughters whose Issue he received into his own bosom And among all these Children born so many Youths coming to age so many Nuptial Torches such an abundance of Honour Empire and Congratulation not one Funeral not one Tear or the least cause of Sadness Consider the Heavens and we shall hardly meet with so perdurable a condition there while we finde the greatest Philosophers lodging grief and pain in the very breasts of the Gods Nor was his end unlike the course of his Life For after he had liv'd a fair age an easie Death carried him off from the last farewels and embraces of his dearest Pledges and he was carried to his Funeral-Pile upon the shoulders of his Sons and Sons-in Law through the City 2. A noble Felicity this yet the following was prefer'd by the Divinity it self For when Gyges pust up with the riches and power of his Kingdom of Lydia went to enquire of Pythrian Apollo whether any Mortal was happier than he The God made answer with a low voice from the hollow retirement of his sacred Den that Aglaus Sophidius was more happy than he He was the poorest of the Arcadians but the elder of the two one that never had increas'd the bounds of his own land contented with the Income of a poor Farm But Apollo meant the true not the obscure end of a happy Life and therefore gave that answer to one that insolently gloried in the splendour of his fortune That he rather approv'd a Cottage in a calm security of content than the cares and anxieties of a Court a few clods of earth void of fear than all the fertile Acres of Lydia incumber'd with continual dread and one or two yoak of Oxen easily maintain'd than Armies of Horse and Foot burthensome even to vast expences and a small Barn subject to no mans Envy than Exchequers exposed to the covetous desires and rapacious violence of all men Thus while Gyges labours to finde a God to favour his vain opinion he learns wherein the true and solid Happiness consists CHAP. II. Of things wisely said or done By the ROMANS 1. App. Claudius 2. P. Scipio Africanus 3. Q. Caecilius Metellus 4. L. Fimbria 5. Papyrius Cursor 6. The Senate of Rome FORRAIGNERS 1. Socrates the Athenian 2. Solon the Athenian 3. Bion of Prienne 4. Plato of Athens 5. Antigonus the King 6. Xenocrates the Philosopher 7. Aristophanes the Comedian 8. Thales the Philosopher 9. Anaxagoras of Clazomene 10. Demas the Athenian 11. Anacharsis the Scythian 12. Agesilaus the Spartan 13. Hanno the Carthaginian 14. Herennius Pontius the Samnite 15. The Cretans I Will now treat of that sort of Felicity which is altogether in the habit of the Minde and is not to be obtain'd by wishes but is bred in the breasts of men and advances it self by things famously said or done 1. It is reported that Appius Claudius was often wont to say That the People of Rome were better to be trusted with Business than Idleness Not but that they understoâ—d the pleasure of a calm condition but because he found that potent Empires were excited to Vertue by the vicissitude and agitation of Human Affairs And certainly Business terrible to name preserv'd the customs of our City in their best condition but Rest that has a softer name first fill'd it full of Vice 2. Scipio Africanus was wont to say That in affairs of War it was a shameful thing to cry I had not thought Believing that the â—â—â—nsactions of the Sword ought to be carried on with a serious and well-examin'd deliberation For that Errour is never to be retriev'd that is committed in the heat of War The same person denied that an Enemy was to be fought with but only when there was a kind opportunity or a pressing necessity Both prudently said For to omit an opportunity of acting with success is the greatest madness in the world And he that is compelâ—'d to a necessity of giving Battle yet abstains from fighting shews a pâ—ece of sloâ—â—â— of 〈◊〉 pâ—stiferous consequence And of those thâ—â— coâ—â—mâ— these â—â—â—â—â—â—ties one part knows not how to make use of the benefit of Fortune the other kâ—ows not how to â—esist the injury of Fortune 3. It was also both a grave and lofty Sentence which Metellus spoke in the 〈◊〉 Who upon the ruine of Carthage plainly consess'd That he knâ—w not whether that Victory might bring more advantage or more mischief to the Commonwealth For as it was advantageous by the Peace which it occasion'd so by removing Hannibal it had done harm For by his March into Italy the sleeping Courage of the Romans was rows'd up And it was to be â—eaâ—'d that being freed from so formidable a â—â—val it would relapse into its former drowziness So that he râ—ckon'd it to be as great a mischief for the Nerves of their antient strength to be weaken'd as tor their Houses to be burnt their Lands to be laid waste and their Treasures to be emptied 4. How prudent an act was that of Fimbria the Consul Who being made an Arbitrator by M. Lutatius Pythia a Roman Knight upon a Security that he had given to an Adversary or his that he was an honest Man would never deliver his judgment lest he should injure the fame of a person unblemish'd by pronouncing against him or affirm him to be a good man considering how many qualities were requir'd to make a man such 5. From the Civil we will exhibit a Military Act of Prudence Papirius
Tullus the King for having slain his Sister was acquitted by appealing to the people The one was incens'd by the Cruelty of the Murther the other by the reason of the fact enclin'd to Mercy believing the immature love of the Virgin more severely than impiously punish'd And thus the brothers arm being sav'd by so stout a correction reap'd as much honour from the blood of his near relation as from the blood of an enemy 2. Before the Roman people shewed themselves fierce preservers of Chastity afterwards more mild Judges than Justice it self required For when Servius Galba was severely accused by Libo a Tribune of the People for that being a Praetor in Spain he had put to death a great number of the Lusitanians contrary to his Faith given them and that Cato at that time very aged in an Oration upon publick Record had made good what the Tribune had done so that the party accused had not a word to say for his own defence yet when with tears in his eyes he only recommended to the Assembly his little Children and the young Son of Sulpitius Gallus neerly related to him he so appeas'd the wrath of his Judges that he who was but just now ready to be condemn'd by the Vote of all had hardly in an instant one Vote to his prejudice Pitie not Equity rul'd that Inditement since that Absolution that could not be granted to Innocency was given out of respect to the Children 3. Like to this was that which follows Aulus Gabinius in the height of Infamy being by the accusation of C. Memmius expos'd to the suffrages of the People seem'd to be past all hope For the Inditement was full the Defence weak and his Judges such as with a precipitate malice desired his punishment The Officers and Imprisonment hovered before his eyes and yet all vanished away by the interposition of propitious Fortune For Sisenna the Son of Gabinius by an impulse of consternation throwing himself a Suppliant at the feet of Memmius besought there some asswagement of the Tempest where the whole fury of the Storm first arose Whom the Victor beholding with a stern countenance and tearing his Ring from his finger suffer'd for some time to lye groveling upon the ground Which sad spectacle wrought that effect that Laelius the Tribune by a general consent order'd the prisoner to be set at liberty Teaching us that no man ought insolently to abuse the successes of Prosperity nor over-weakly to be cast down by Adversity 4. Which is made manifest by the next Example Publius Claudius I cannot tell whether to the greater detriment of Religion or his Countrey in regard he contemn'd the antient Customes of the one and lost a noble Navy of â—other being expos'd to the anger of the People when it was thought he could no way avoid the punishment that he deserv'd saved himself from Condemnation by the benefit of a suddain storm By which means the Trial being laid aside it pleased the People never to bring it on again as if the Gods themselves had forbid it Thus was he saved by a Land-storm whom a Sea-tempest had like to have brought to condemnation 5. By the same sort of assistance the Chastity of Tuccia a Vestal Virgin and accus'd of Incest escaped out of a black cloud of Infamy Who trusting to the sincerity of her Innocency ventur'd the hope of her safety upon a doubtful argument For snatching up a sieve Vesta said she If I have always attended thy Rites with clean and chast hands grant that I may take up water out of Tiber in this and carry it to thy Temple Nature gave way to the rash and bold Imprecation of the Priestess 6. Lucius Piso also being accused by Claudius Pulcher for having done great and intolerable injuries to the Roman Allies by a luckly chance escaped the fear of an unquestioned ruine For at the same time that they were about to give severe Judgment against him there fell a sudden shower which filled his mouth full of durt as he lay prostrate at the feet of his Judges Which Spectacle changed the whole Trial from Severity into Pity and Clemency For they believ'd he had given full satisfaction to their Allies by being compell's to prostate himself so submissively and rise again with so much deformity 7. I will adde two that escaped by their Accusers own fault Quintus Flavius the Augur was accused by Valerius the Aedil and proved guilty to the People and being condemn'd by the Votes of fourteen Tribes cryed out he was innocently condemn'd To whom Valerius made answer with a loud voice that he car'd not whether he were put to death Guilty or Innocent so he were put to death Which violent speech brought over the rest of the Tribes to his Adversaries side He had cast his enemy when he certainly thought him ruin'd he restor'd him and lost the victory even in the victory it self 8. C. Cosconius found guilty by the Servilian Law and for many evident and notorious crimes condemned was sav'd by one Verse recited in the Sessions-House by Valerius Valentinus his Adversary signifying by a Poetical Joke that he had defil'd a noble Youth and a free Virgin For they thought it unjust that he should go away Victor who rather deserv'd to give the Palm from himself than to take it from another Therefore was Valerius rather condemn'd by the Absolution of Cosconius than Cosconius freed at his Trial. 9. I will touch upon those also whose Crimes having ruin'd all their hopes have been pardon'd for the renown of their Relations A. Attilius Calatinus being condemn'd for having betrayed the Town of Sora and a person otherwise infamous only a few words of Q. Maximus his Father-in-law sav'd from the threatning danger wherein he affirmed that if he found him guilty of that crime he would break oft his affinity Presently the People yielded up their own to the judgment of one man believing it an unworthy thing not to believe his Testimony whom they had entrusted in the greatest Dangers of the Commonwealth 10. M. Aemilius Scaurus also guilty of Bribery made so lame and pitiful defence at his Trial that his Accuser said openly that he should have liberty to name an hundred and twenty witnesses for himself and that he would be content to have the prisoner acquitted if he could produce so many in the Province from whom he had never taken any thing Yet though he could not make use of so fair a condition he was freed for the sake of his Nobility and the fresh memory of his Father 11. But as the Fame of Great men has prevailed to protect the Guilty so has it as little avail'd to oppress them rather it has bin a safeguard to them in the height of Prosecution P. Scipio Aemilianus accused L. Cotta to the Praetor whose cause though it were full of deep crimes was seven times delayed and the eighth judgment acquitted him For those wise men were loath it should be thought that
his Condemnation had bin because his Accuser was so great a person And therefore I believe they reason'd thus amongst themselves We must not admit him that seeks the life of another to bring Triumphs Trophies and Spoils to the seat of Judgment Let him be terrible to his Enemy but let not a Citizen trusting to his high Merits and great Honour prosecute a Citizen 12. Not more eager were those Judges against a most noble Accuser than these were mild toward a Criminal of a far lower degree Callidius of Bononia being taken by night in the Husbands Bed-chamber being brought to answer for the Adultery he buoyed himself up among the greatest and most violent waves of Infamy swimming like corn in a Shipwrack laying hold upon a very slight kind of defence For he pleaded that he was carried thither for the Love of a Servant-boy The place was suspected the time suspitious the Mistress of the house was suspected and his Youth suspected But the confession of a more intemperate Lust freed him from the Crime of Adultery 13. The next is an example of more concernment When the two Brothers of Cloelius were brought to answer for Patricide whose Father was kill'd in his bed while the Sons lay asleep in the same Chamber and neither Servant nor Freed-man could be found upon whom to fasten the suspicion of the Murther They were both acquitted only for this reason that it was made appear to the Judges that they were both found fast asleep with the door open Sleep the certain mark of innocent security sav'd the unfortunate For it was adjudg'd impossible that having murthered their Father they could have slept so securely over his wounds and blood PERSONS Condemned 1. Now we will briefly touch upon those to whom things beside the question did more harm than their own Innocency did good L. Scipio after a most noble Triumph over King Antiochus was condemned for taking Money of him Not that I think he was brib'd to remove beyond the Mountain Taurus him that was lately Lord of all Asia and just going to lay his victorious hands upon Europe But being otherwise a man of a most upright life and free far enough from any such suspicion he could not resist that envy that haunted the two famous Sirnames of the two Brothers 2. Scipio was a person of high splendour But Decianus a person of unspotted Integrity was ruin'd by his own tongue For when he accused P. Furius a man of a lewd life because that in some part of his Declamation he ventured to complain of the Death of Saturninus did not only not condemn the Guilty but suffered the Punishment appointed for him 3. The same case overthrew C. Titius He was innocent and in favour with the People for the Agrarian Law But because he had the statue of Saturninus in his house the whole College of Magistrates with one general consent ruined him 4. We may to these adde Claudia whom though innocent of a crime an impious Imprecation ruined For being crowded by the multitude as she returned home from the Playes she wished that her Brother by whom we had the greatest loss of our Naval Forces were alive again that being made often Consul he might by his ill conduct rid the City of the pesterment of the People 5. We may pass to those whom the violence of Condemnation snatched away for flight causes M. Mulvius Cn. Lellius L. Sextilius Triumvirs because they did not come so quickly as they ought to quench a Fire that happend in the Holy way being cited before the People at a prefixed day by the Tribune were condemned 6. Publius Villius also Nocturnal Triumvir being accused by Aquilius the Tribune fell by the Sentence of the People because he was negligent in going his watch 7. Very severe was that Sentence of the People when they deeply fin'd M. Aemilius Porcina being accused by L. Cassius for having built his House in the Village of Alsium a little too high 8. Nor is that Condemnation to be supprest of one who being over-fond of his little Boy and being by him desir'd to buy him some Chitterlings for Supper because there were none to be got in the Countrey kill'd a Plough-Ox to satisfie the Boys desire For which reason he was brought to publick Trial Innocent had he not lived in the antient times Neither Quitted nor Condemned 1. Now to say something of those that being questioned for their Lives were neither quitted nor condemned There was a Woman brought before Popilius Lenas the Praetor for having beaten her Mother to Death with a Club. But the Praetor adjudged nothing against her neither one way nor other For it was plain that she did it to revenge the death of her Children whom the Grand-mother angry with her Daughter had poysoned 2. The same demur made Dolabella Proconsul of Asia A woman of Smyrna killed her Husband and her Son understanding that they had killed another Son of hers a hopeful young man which she had by a former Husband Dolabella would not take cognizance of the Cause but sent it to be determined by the Areopagi at Athens Unwilling to set a woman at liberty defiled with two Murthers nor to punish her whom a just Grief had mov'd to do it Considerately and mildly did the Roman Magistrate nor did the Areopagite act less wisely who examining the cause bound the Accuser and the Criminal to appear an hundred years after upon the same ground as Dolabella acted Only he by transmitting the Trial they by deferring delay'd the difficult Sentence or Condemnation or Acquittal CHAP. II. Of remarkable private Judgments whereby were condemned 1. T. Claud. Centumalus 2. Octacilia Laterensis 3. C. Titinius Minturnensis 4. A certain person for riding a horse farther than hired for TO Publick Judgments I will adde private ones the Equity whereof in the Complainants will more delight than a great number offend the Reader 1. Claudius Centumalus being commanded by the Augurs to pull down some of the height of his House which he had built upon the Coelian Mount because it hindered them from observing their Auguries from the Tower sold it to Calpurnius Lanatius concealing the command of the Augurs By whom Calpurnius being compelled to pluck down his House brought Marc. Porcius Cato father of the famous Cato to Claudius as an Arbitrator and the form of Writing Whatever he ought to give him or do in good Equity Cato understanding that Claudius had for the nonce supprest the Augurs Edict presently condemned him to Calpurnius with all the Justice in the world For they that sell according to Conscience and Equity ought neither to enhance the hopes of the Bargain nor conceal the Inconveniencies 2. I have recited a Judgment famous in those times Yet what I am about to relate is not quite buried in silence C. Visellius Varro being taken with a great fit of Sickness suffered a Judgment of three thousand pieces of Money as borrowed of Otacilia Laterensis with whom he