change was in the House of the Curii while our City and Judgment-Seat beheld the rigid Brow of the Father and the high Debt of six hundred Sesterces of the Son contracted by the ignominious Injury done to the Noble Youth of Româ— Therefore at the same Time and under the same Roof two several Ages lived the one of Frugality the other of vitious Prodigality 7. By the Sentence against P. Clodius what strange Luxury appeared in him what a savage Lust Who though guilty of Incest that he might be acquitted bought whole nights of the Matrons and noble Youth at vast rates to pleasure his Judges withal In which horrid and abominable Crime I know not which first to detest whether him that first invented that way of Corruption or they that suffer'd their Chastity â—o mediate to Perjury or they that valued Adultery beyond Justice 8. Equally abominable was that Banquet which Gemellus a Tribunitian Traveller of good Parents but one that had betaken himself to a Servile employment prepar'd for Metellus Scipio Consul and the Tribuneâ— of the People to the great scandal of the City For having set up a Stew in his own House he prostituted therein Mucia and Fulvia both taken away from Father and Mother and Saturninus a Youth of a Noble Family Bodies of infamous suffering brought to be the scorn of drunken Lust Banquets not to be celebrated by Consuls and Tribunes but to have been punish'd 9. But enormous was the Lust of Catiline For being mad in love with Aurelia Orestilla when he saw one Impediment to hinder him from being married to her poyson'd his own and only Son almost of age and presently kindled the Nuptial Torch at his Funeral-Pile bequeathing his want of Children as a gift to his new Bride But behaving himself at length with the same minde as a Citizen as he had shewed himself a Father he fell a just Sacrifice to the Ghost of his Son and his impiously-invaded Country STRANGERS 1. But the Campanian Luxury how profitable was it to our Country For embracing invincible Hannibal in the arms of her Allurements she fitted him to be vanquished by the Roman Souldiers She called forth a vigilant Captain she invited a couragious Army to long Banquets and with plenty of Wine the fragrancy of Oyntments and the lascivious soâ—â—ness of Venery inveagl'd them to Sleep and Pleasure And then was the Punic fierceness broken when it lay encamped among the Persumâ—rs of Capuâ— What then more ignominious than these Vices what more hurtful by which Vertue is worn out Victories languish Honour stupified is turn'd to Inâ—amy and the vigour of Body and Minde quite weakned and brokâ—n So that it is hard to say which is worst to be subdued by them or by the Enemy 2. Which inâ—ested the City of the Volsinians with sad and direful slaughters It was rich it was adoâ—n'd with Customes and Laws it was the Head and Metropolis of Hâ—truriâ— But when once Luxury crept in it fell into an Abyss of Injuries and Infaâ—â—y â—ill she became subjected to the insolent power of her Servants Who at first in a small number daâ—ing to enter the Senate House in a short time overturn'd and master'd the whole Commonwealth They order'd Wills to be made at their own pleasure They forbad the Meetings and Feastings of the Free-men and married their Masters Daughters Lastly they made a Law that their Adulteries committed with Widows and Married-women should go unpunished and that no Virgin should marry a Freeman unless some of them before had had her Virginity 3. Xerxes out of the proud imitation of his vasâ— wealth grew to that height of Luxury that he propounded Rewards to them that should invent any new Pleasure What a ruine befel a most wide Empire too deeply plunged in Pleasure and Voluptuousness 4. Antiochâ—â— the King not a whit the morâ— conâ—inent whose blinde and mad Luxury the Army imitating had most of them Golden Nails under the soles of their Shoes and bought Silver Dishes for their Kitchins and had their Tents of Tapestry-work adorn'd with Gold and Silver A booty more desireable by a needy Enemy than any delay to a stout Souldier from Victory 5. Ptolomey the King liv'd by the accession of his Vices and was therefore call'd Physâ—on Than whose Wickedness there could be nothing more wicked He married his eldeâ—t Sister married before to theiâ— common Brother then having viâ—iated her Daughter he divorced the Sister that he might marry the Daughter 6. Like to their Kings were the People of Egypt who under the command of Archelaus sallying out of their City against A. Gabinius when they were commanded to entrench themselves cry'd out That that was a work to be done at the publick Châ—rge And therefore their Courages weakned with the softnesâ— of Pleasures could not stand the sury of our Army 7. But more effeminate were the Cyprians who suffer'd their Women to lye upon the grouâ—d for their Queens to tread upon when they ascended into their Chariots For for men if men they were it had been better not have lived at all than to live obedient to such a soft Command CHAP. II. Of Cruelty In ROMANS 1. Cor. Sylla Dicâ—ator 2. C. Marius seven times Consul 3. L. Junius Damasippus 4. Munatius Fla us STRANGERS 1. Carthaginians 2. Hannibal 3. Mithridates 4. Numulizinthes King of Thrace 5. Ptolomey Physcon 6. Darius Ochus 7. Artaxerxes Ochus 8. The Aâ—henians 9. Perilluâ— of Sicily 10. Hetrurians 11. Certain Barbarians THis last Society of men carried a lascivious Countenance Eyes greedly after Novelty of delight and a Minde transported through all the allurements of Pleasure But the horrid habit of Cruelty is of another nature savage Countenance violent Minds terrible Utterance Mouths full of Threats and bloody Commands to which being silent is but to increase its fury For how shall she set bounds to her self unless she were recall'd by the bridle of reprehension In short since it is her business to make herself dreaded let it be ours to have her in abomination 1. L. Sylla whom no man can either sufficiently praise or dispraise who while he seeks after Victory represents himself a Scipio to the Roman People while he exercises Cruelty a meer Hannibal For having egregiously defended the cause of the Nobility â—ruelly he overflow'd the whole City and every part of Italy with rivers of Civil Blood Four Legions of the adverse party â—rusting to his Faith and following his Banners in a publick Village in vain imploring the compassion of his faithless arm he caused to be cut in pieces Whose lamentable cries pierc'd the ears of the trembling City and Tibur was compelled to waâ—t away their memberless Bodies impatient of so heavy a burthen Five thousand Praenestines hope of safety being granted them by Cethegus being call'd sorth without the Walls of the Free-town after they had thrown away their Armes and lay prostrate upon the ground he caus'd to be slain and their Bodies to be thrown about the
his Brother ouâ— of the Senate for that he had prâ—sumed to send home a Cohort of the Legion wherein he was a Tribune without the leave of the Consul What more difficult for a man to do than to send back with ignomihy to his Country a person nearly related by Family and Marriage or to use the severity of Stripes to a person allied in a long series of Blood and Kindred or to beed his Censors â—rown upon the dear Relation of a Brother 6. But our City which hath fill'd the world with wonderful Examples of all sorts with a double face beholds her Axes reeking with the Blood of her Commanders lest the disturbance of Military Disciplinâ— should go unpunish'd pompous abroad but the cause of private grief enough uncertain whether to perform the office of congratulating or comforting And therefore with doubtful thoughts have I coupled you two together most severe observers of Warlike Discâ—pline Posthumus Tubertus and Manlius Torquatus For I apprehend a fear of sinking under that weight of Praise which ye have merited and discovering the weakness of my Wit while I presume to represeâ—â— your Vertue as it should be For thou O Posthuâ—â—s Dictator didst cause thy victorious Son Aulus Pâ—â—â—humus to be beheaded thy Son whom thou didst beget to propagate the succession of thy renowned Race and the secret instructions of thy most sacred traditions the allurements of whose infancy thou hadst cherish'd in thy Bosome and with thy Kisses whom a Child thou hadst instructed in Learning a Man in Arms good couragious and obedient both to thee and to his Countrey only because without thy command without thy leave he had overthrown his enemies thy fatherly command was the Executioner For I am certain thine eyes orewhelm'd with darkness in the brightest light could not behold the great work of thy mind But thou Manlius Torquatus Consul in the Latine War didst command thy Son to be carried away by the Officer and to be slain like a Sacrifice though he obtain'd a noble Victory for that he had presum'd to fight with Geminius Metius Captain of the Tuscans when provoked to the Combat by him Esteeming it better that a Father should want a couragious Son than thy Countrey want Military Discipline 7. Again of what spirit think ye was Quintus Cincinnatus the Dictator at that time when the Aequi being vanquished he compelled Minutius to lay down the Consulship because the Enemies had besieged his Camp For he thought him unworthy the greatest command whom not his Virtue but his Trenches and his Breast works secur'd and who was not ashamed to see the Roman Arms trembling for fear shut up in their Turn-pikes Thus the most commanding twelve Fasces with whom remain'd the chief honour of the Senate of the Order of Knighthood of all the People with whose Nod all Latium and all strength of Italy was govern'd now shatter'd and broken submitted to the punishing authority of the Dictatorship And lest the breach of Military Honour should go unpunish'd the Consul punisher of all Crimes must himself be punished By these Propitiatory Sacrifices as I may so say O Mars the Father of our Empire when we degenerated from thy auspicious Discipline thy Deity was appeas'd By the infamy of Kindred Relations and Brothers by the murder of Sons and the ignominious degrading of Consuls 8. To the same purpose is that which follows Papirius Cursor Dictator when Q. Fabius Rullianus Master of the Horse had contrary to his command brought forth the Army to Battle though he return'd a Victor over the Samnites yet neither mov'd with his Virtue with his Success nor with his Nobility he caus'd the Rods to be made ready and the Conquerour to be stript A spectacle of wonder to behold Rullianus Master of the Horse and a victorious General his Cloaths pull'd off his Body naked to be lacerated with the stripes of an Executioner to no other end than to sprinkle the glorious honour of his Victories so lately obtain'd with the fresh Blood of those Wounds which he had received in the Field drawn from his Body by the knotted stripes of the Lictor At length the Army mov'd by his Prayers gave him the opportunity of flying into the City where in vain he implored the aid of the Senate for Papirius notwithstanding persever'd in requiring his punishment Wherefore his Father after having been Dictator and three times Consul was compell'd to appeal to the People and upon his Knees to beg the assistance of the Tribunes in the behalf of his Son Neither by this means could the Severity of Papirius be restain'd but being intreated by the whole City and by the Tribunes themselves made a protestation that he forgave the Punishment not to Fabius but to the City of Rome and the Authority of the Tribunes 9. L. Calpurnius Piso also being Consul being in Sicily making war against the Fugiâ—ives when C. Titius Commander of the Horse being environ'd and oppress'd by the multitude of the Enemy had with the rest of his Souldiers deliver'd their Arms to the Enemy he punisht him wiâ—h several marks of Ignominy He commanded him to march barefoot in the first Ranks from Morning till Night with a Jacket the skirts whereof were cut off and his Cloak slit from top to bottom he forbad him also the converse of Men and use of the Baths and the Troops which he commanded having taken away their Horses he divided them among the Slingers Thus to his great honour did Piso revenge the great dishonour of his Countrey having brought it so to pass that they who out of a desire of Life and deserving to be hanged had suffer'd their Arms to become the Trophies of Fugitives and were not ashamed to permit the ignominious yoak of Servitude to be laid upon their Liberty by the hands of Slaves might experience the bitter enjoymâ—nt of Life and covet that Death which they had so effeminately avoided 10. Not less than that of Piso was the proceeding of Q. Metelius who at the Battle of Contrebia having placed five Cohorts in a certain station and seeing them retire through the multitude of their Enemies he commanded them immediately to endeavour to recover their ground again withal severely adding that if any of them flying were found in the Camp he should be used as an Enemy not hoping by this means to regain what they had lost but to punish them with the manifest hazards of the ensuing Combat Yet they having received this check weary as they were having no other encouragement but Despair renewed the fight and with the slaughter of their Enemies recover'd their station So that there is nothing like Necessity to harden humane Imbâ—cillity 11. In the same Province Q. Fabius the Great being desirous to bring down the fierce pride of a most haughty People forcâ—d his gentle disposition for a time to lay aside all Clemency and to use himself to utmost Rigoul and Severity For he cut off the hands of all those
how can we in this place pass over Scipio Nasica illustrious for his magnanimous Mind and Saying There being a likelihood of great Scarcity Curatius Tribune of the People compelled the Consuls in a publick Assembly to propose in Court the buying of Corn and sending Embassadours to that end and purpose For the hindering of which design being of little profit Nasica began to make opposition upon which a great clamour arising among the People Romans said he be quiet for I understand much better than you do what the necessities of the Commonwealth require Which words oâ— his they no sooner heard but with a silence full of veneration they made it appear how much a greater respâ—ct they had to his Authority than to their own want of Nourishment 4. The stout mind also of Livius Salinator is to be delivered to Eternal Memory who when he had defeated Asdrubal and the Army of the Carthaginians in Vmbria and that it was told him that the Gauls and Ligurians were without order and without their Officers scattered from their Colours easie to be overthrown with a small party he made answer That those were to be spared lest the Enemy should want Messengers of their great defeat at home 5. This was a warlike presence of minde that which we relate though in a person of the Gown not less praiseworthy which Furius Philus shewed in the Senate For he compelled Quintus Metelâ—us and Quintus Pompeius men of Consular degree being his professed Enemies and upbraiding him because he did not go into Spain which province he had chosen that he should send Lieutenants thither upon his departure frâ—m Rome to march along with him a confidence not onely couragious but almost rash that durst admit so neer him two of his most Capital Adversaries and trust the management of Affairs in the breast of Enemies which was hardly to be intrusted with his friends 6. The act of this person if it be not displeasing certainly the purpose of L. Crassuâ— who was the most Eloquent among his Ancestors cannot admit of reproof who having obtained the Province of Galliâ— in his Consulâ—â—ip in which Province Carbo had condemn'd his Father when he came to have an inspection into Carbo's actions he not onely not remov'd him from his Dignity but assign'd him a place in the Tribunal and ordered nothing without his presence in Council So that sharp and vehement Carbo got nothing by his Gallick Expedition but onely that he thereby understood that a guilty Father had been banished by a just and honest man 7. The Elder Cato being often called to plead for himself yet never convicted of any Crime at length reposed so much confidence in his Innocency that being publickly questioned he made Gracchus his Judge to whom he bare a singular hatred by which excellency of his Courage he abated the envy of his Prosecutors 8. The same was the fortune of M. Scaurus the same length of years the same courage of minde Who being accused before the Pulpits for Orations that he had taken money of Mithridates to betray the Commonwealth pleaded his Cause in this manner It is unjust O Romans said he that I who have lived among one sort of people should come to give an account of my actions among another yet I will dare to ask ye all the greatest part of whom could not possibly be present at the Deeds which I have done and the Honours which I have attain'd Varius Suetonensis says that M. Scaurus brib'd by the King has betray'd the Commonwealth Whom of the two do you believe The people mov'd with admiration of his Saying with their loud Cries forced Varius to desist from his violent and mad prosecution 9. Contrariwise did M. Antonius the Eloquent man For he not by refusing but by embracing his own defence testified how innocent he was Going Questor into Asia he was on his Journey as far as Brundusium where being informed by Letters that he was accused of Incest before the Pretor Cassius whose Tribunal because of his severity was called the Rock of the Guilty though he might have shun'd it by the benefit of the Memmian Law which forbids the Names of them to be taken who are absent upon the Affairs of the Publick yet he return'd to the City by which advice of a good Confidence he not onely obtained a quick absolution but a honester departure 10. These that follow are also splended Examples of noble Confidence For in that War which was undertaken against Pyrrhus when the Carthaginians had sent a Navy of an Hundred and Thirty Ships to Ostia to the assistance of the Romans the Senate were pleased to send Messengers with Instructions to tell their Captain that they did not use to enter into Wars which they were not able to carry on without the help of Strangers and that therefore he might return with his Navy to Carthage The same Senate some few years after when the Roman power was almost broken by the Overthrow at Cannae sent a Recruit of Forces to the Army in Spain whereby they shew'd that although Hannibal was with his Army at the Capene Gate how little they valued his approach Thus to carry themselves in Adversity what was it else but to compel Fortune overcome with shame to return to their side 11. It is a great leap to descend from the Senate to the Poet Accius But that we may pass from him more decently to forreign Examples let us produce him He when Iulius Caesar a great and powerful man came into the Colledge of Poets would not so much as rise not that he was forgetful of his Grandeur but that he believed himself superiour in comparison of their Studies And therefore not guilty of the Crime of Insolence seeing the contest was about Volumes not Statues FORRAIGN 1. Nor was Euripides to be accompted insolent at Athens who when the People requir'd him to strike out such a Sentence out of a certain Tragedy appearing upon the Stage told um That he composed Fables to teach them not by them to be taught That Confidence is certainly to be praised which weighing the esteem of a mans self arrogates so much to its self as to keep contempt and insolency at a distance And therefore his answer to Alcestides The Tragick Poet who complaining to him that he could not make above three Verses the last three days and that with a great deal of labour too when the other boasted that he could write an Hundred The reason is said Euripides because thine are only to last three days and mine are to last to eternity For the fluent writing of the one perish'd within the first bounds of Memory but the elaborate and constant Stile of the other will be carried through all Ages upon the wings of time 2. I will adde an Example upon the same Stage Antigenidas the Musician cried out to a Scholar of his rare in his Art but not approved by the People Sing to me and the Muses For perfect
Syracusan Woman 3. Theodorus the Cyrenean As I did not invite Liberty attested as well by the Words as by the Sayings of vehement Spirits so I will not exclude it coming in my way Which being sciâ—uated between Vertue and Vice if it keep it self within the bounds of Moderation may deserve Praisâ— if it launch out further than the limits of due resâ—ect is to be reprehended becoming thereby more grateful to the ears of the Vulgar than approv'd by Wisemen and is more secure in the pardon of others than in the providence of the person But since we have resolv'd to prosecute all the parts of Humane Action let us relate the Sâ—ory upon our own credit and let others judge as they think fit 1. Privernum being taken and those persons put to death who had caus'd the Town to rebâ—l the Senate mov'd with indignation consider'd what thâ—y should do with the rest of the Inhabitants Thus their safety was in a fluctuating condition at the same time subject to the Victors and those that were incens'd against them But when they saw there was no way but to submit and petition they could not forget that they had some Italian blood in theâ—r Veins For the chief in Court being examin'd among them what punishment they deserv'd made answer What punishment they deserv'd who thought themselves worthy of Liberâ—y He had taken Arms in words and had inflam'd the incens'd minds of the Senators When Plautius the Consul â—avouring the cause of the Privernâ—tes pâ—â— a stop to his stout answer and ask'd him agâ—in What kind of Peace the Romans should make with them granting them their pâ—rdon But he with a resolute Countenanâ—e return'd again If ye grant us good Conditions let the Peace be perpetual if bad as short as you please By wâ—iâ—â— stâ—â—n Repâ—rtie he brought it to pass that the vanquish'd were not only pardon'd but enjoy'd the Priviledges of our City 2. Thus the Captain of the Privernates spoke in the Senate But L. Philippus the Coâ—sul did not forbear to make use of the same liberty against the same Order For upbraiding their slâ—ath before the Rostra he told them The Commonwealth stood in need of another Senate and was so far from repenting for what he had said that he câ—mmanded L. Crassus a man of great Dignity and Eloquence to be laid hold on for murmuring against it But he thrusting back the Lictor Thou art no Consul of mine said he because I am no Senator of thine 3. Whaâ— Were the people safe from the assaults of Liberty No it both assaiâ—'d them and found them patiently suffering Carbo a Tribune of the People and a most turbulent assertor of the Graccbian Sedition and a most absolute firebrand of the growing Civil Wars having hal'd P. Africanus from the very Gate of the City to the Rostra as he return'd with Triumph from the ruines of Numantium there ask'd him his opinion of the death of Gracchus whose Sister he had married that by the authority of a person so much in credit he might adde fuel to the fire already begun Not doubting but that in regard of their near relation he would have spoken somewhat affâ—ctionately in behalf of his Brother that was put to death but he answer'd That he was legally slain Upon which saying when the whole Assembly incens'd with the Tribunâ—tian fury began to make a great Clamour Hold your peace said he you to whom Italy is but a stepmother And when they began to set up another Cry You shall never make me fear said he those free whom I brought hither bound Thus were the whole People reproved by one man with contempt What an honour they gave to Vertue They presently were mute The Numantine Victory fresh in Memory his Fathers Macedonian Conquest his Grand-fathers Carthaginian Trophies and the Necks of two Kings Perseus and Syphax chain'd to their Triumphal Chariots stopt the mouths of the enraged Multitude Nor did silence proceed from fear but because through the aid of the Cornelian and Aemilian Families many fears of the City and Italy were put to an end the People of Rome were not free in respect of Scipio's Liberty 4. And therefore we need the less wonder that the vast Authority of Pompey contested so often with Liberty Nor was it without great applause that he took things patiently because it was his fortune to be a laughing-stock to the license of all sorts of men Cn. Piso when he had indited Manilius Crispus and saw him though apparently guilty to be protected by Pompey being carried on with a youthful heat and desire of accusation he tax'd the potent defendour with many great and hainous Crimes Being then examin'd by him why he did not accuse him himself Do but thou said he give Sureties to the Common-wealth if thou art accused that thou wilt not raise a Civil War and I will cause the Iudges to sit upon thy head before they sit upon the head of Manilius Thus by the same Judgment he maintain'd two persons guilty Manilius by his Accusation Pompey by his Liberty and the one he fulfill'd by Law the other by the profession of his good will not being able to go any farther 5. What therefore is Liberty without Cato No more than Cato without Liberty For when he sate Judge upon a Senator that was very guilty and infamous and that there were Certificates produced under Pompey's hand in favour of the party accus'd he presently caus'd them to be laid aside reciting the Law wherein it was enacted that no Senator should make use of any such assistance The fact is not much to be wonder'd at considering the person for what might seem sauciness in another was in Cato known to be Fidelity to his Countrey 6. Cn. Lentulus Marcellinus the Consul when he was complaining in a set Speech of Pompey's prodigious power and that all the people began to cry him up Shout said he shout while you may brave Romans shortly it will not be lawful for you to do it and go unpunish'd Thus was the power of a potent Citizen nipp'd on the one side by envious complaint on the other side by a sad lamentation 7. To which eminent Citizen having his thigh bound about with a white Shash It matters not said Favonius upon what part of the body the Diadem be worn Upbraiding his Kingly Power by cavilling at a little piece of cloth But he turning his head neither one way nor other was mighty careful how he acknowledged his power by any chearfulness in his looks or how he shewed his Anger by any Severity and by that patience laid himself open to the meanest and lowest sort of people 8. Helvius Mancia Formianus the Son of Libertinus when he was very old accus'd Libo to the Censors In which contest when Pompey the Great upbraided him with his low condition and his old age and told him withal that he was sent from the Grave to be an Accuser Thou tellest no untruth Pompey said he
Money as borrowed of Otacilia Laterensis with whom he had lived as her Gallant With this designe that if he died she might claim that sum of the Heirs colouring the Liberality of his Lust under the title of a Debt After that Visellius contrary to Otacilia's wishes recovers Who offended that she had lost her prey by his recovery from a close Friend began to act like an open Usurer challenging the Money which as shamelesly as vainly she gap'd for by a void contract Which Aquillius a man of great authority and knowledge in the Civil Law being chosen to be Judge of consulting with the Principal Men of the City by his Prudence and good Conscience foyled the woman And if by the same form Varro might have been condemned and the adversary absolved no question but he would have willingly punish'd his soul and unwarrantable folly Now he stifled the calumny of a private Action and left the crime of Adultery to publick Justice 3. Much more stoutly and with a souldierlike Gallantry did Marius behave himself in a Judgment of the same nature For when T. Titinius of Minturnum married Fannia his wife because he knew her to be unchast and having divorc'd her for the same crime would have kept her Dower he bâ—ing chosen Judge â—nd having examined the business took Titinius aside and perswaded him to proceed no farther but to return the woman her Dower but finding that all his perswasions were in vain and being forced to pronounce Sentence he fin'd the woman for Adultery a Sesterce and Titinius the whole summ of the Portion Telling them that therefore he had observed that method of judgment because it seemâ—d to him apparent that he had married Fannia whom he knew to be a lewd woman that he might cheat her of her estate This Fannia was she who afterwards when Marius was proclaimed an Enemy received him into her house at Minturnum all bedaubed with mud and durt and assisted him what lay in her power remembring that he had adjudged her for Unchastity out of his rigorous manner of life but that he had saved her Dower out of his Religion and Piety 4. That Judgment was also much talked of by which a certain person was condemned for their because having borrowed a Horse to carry him to Aricia he rode him to the furthermost cliff of that City What can we do here but praise the Modesty of that Age wherein such minute excesses from Honesty were punished CHAP. III. Of Women that pleaded Causes before Magistrates 1. Amasia Sentia 2. Afrania the wife of Licinius Buccio 3. Hortensia Q.F. NOr must we omit those Women whom the condition of their Sex and the Garments of Modesty could not hinder from appearing and speaking in publick Courts of Judicature 1. Amaesia Sentia being guilty before a great concourse of people pleaded her own cause Titius the Praetor then sitting in Court and observing all the parts and elegancies of a true Defence not onely diligently but stoutly was quitted in her first Action by the sentences of all And because that under the shape of a woman she carried a manly resolution they called her Androgynon 2. Afrania the wife of Licinius Buccia the Senator being extremely affected with Law-suits always pleaded for herself before the Praetor Not that she wanted Advocates but because she abounded in Impudence So that for her perpetual vexing the Tribunal with her bawling to which the Court was â—naccustomed she grew to be a noted Example of Female Calumnie So that the name of Afrania was given to all contentious Women She dyed when Caesar was Consul with Servilius For it is better to remember when such a Monster went out of the world than when she came in 3. Hortensia the daughter of Q. Hortensius when the order of Matrons was too heavily taxed by the Triumvirs and that none of the Men durst undertake to speak in their behalfs she pleaded the Matrons cause before the Triumvirs not only with boldness but with success For the image of her fathers Eloquence obtained that the greatest part of the Imposition was remitted Q. Hortensius then revived in the Female Sex and breath'd in the words of his Daughter Whose force and vigour if his Posterity of the Male Sex would follow so great an inheritance of Hortensian Eloquence would not be cut-off by one action of a woman CHAP. IV. Of Rackings Endured by 1. The Servant of M. Agrius 2. Alexander the Servant of Fannius 3. Philip Servant to Ful. Flaccus ANd that we may finish all sorts of Judgments let us recite those Tortures to which either no credit all was given or else rashly too much faith 1. The Servant of M. Agrius was accused to have murthered the servant of C. Fannius and for that reason being rack'd by his Master he constantly affirmed that he did commit the fact Thereupon being delivered up to Fannius he was put to death In a little while after he that was thought to be slain returned home 2. On the other side Alexander the Servant of Fannius being suspected to have murthered C. Fl. a Roman Knight being six times tortur'd denied that he was any way concerned in it But as if he had confessed it he was condemned by the Judges and by Calpurnius the Triumvir crucified 3. Fulvius Flaccus the Consul pleading Philip his Servant upon whom the whole testimony lay being eight times tortur'd would not utter a word to his Masters prejudice And yet he was condemned as guilty when one eight times tortur'd had given a more certain argument of Innocence than eight once tormented had afforded CHAP. V. Of Testimonies void or confirmed 1. Of the Caepio 's and Metelli's against Q. Pompey 2. Of Aemilius Scaurus against several 3. Of L. Crassus against M. Marcellus 4. Of Q. Metellus the Luculli Hortensii and Lepeius against Gracchus 5. Of M. Cicero against P. Clodius 6. Of P. Servilius Isauricus against a certain person 1. IT follows that I relate pertinent Examples concerning Witnesses Cneus and Servilius Caepio born both of the same Parents and having mounted through all the degrees of Honour to the height of Greatness Also the two Brothers Q. and L. Metellus of the Consular and Censors Dignity and the other that had triumphed giving in severe testimony against Q. Pompey A. F. who stood accused of Bribery the credit of their testimony was not quite abrogated by the acquittal of Pompey but it was done so that an Enemy might not seem to be oppressed by power 2. M. Aemilius Scaurus Prince of the Senate prosecuted C. Memmius for Bribery with smart testimony He followed Flavius accused by the same Law with the same fierceness he profestly endeavoured to ruine C. Norbanus for Treason put to the publick rack yet neither by his Authority which was very great nor by his Piety of which no man doubted could he do any of them any harm 3. L. Crassus also as great among the Judges as Scaurus among the Conscript Fathers For he governed
Alcibiades setting a reed between his legs laugh'd at him for playing with his little Children 2. Homer a Poet for a Celestial Wit seem'd to be of the same minde when he fitted the soft Harp to the Martial fingers of Achilles to ease their Military pain with the soft recreations of Peace CHAP. IX Of the force of Eloquence In ROMANS 1. Mu. Valerius Maximus Dictator 2. Marcus Antonius the Orator 3. C. Aurelius Cotta STRANGERS 1. Pisistratus of Athens 2. Pericles of Athens 3. Hegesias of Cyrene THough it be certain that the force of Eloquence is infinitely prevalent yet is it convenient that it should be displayed under proper Examples to the end the power thereof may be the better testified 1. The Kings being ejected the Common-people in dissention with the Fathers betook themselves to Armes and pitch'd upon the Banks of the River Anio upon the holy Hill So that the state of the Commonwealth was not only bad but in a most miserable condition the rest of the body being divided from the head And unless Eloquence had befriended Valerius the hopes of so great an Empire had bin ruin'd in its Infancy For he by an Oration reduc'd the people glorying in a new and unwonted freedome to their obedience to the Senate brought them to take sober counsels and joyn'd the City to the City Therefore to eloquent words Wrath Consternation and Armes gave way 2. Which also restrain'd the Swords of Marius and Cinua raging with an impetuous desâ—re of shedding Civil blood For certain Souâ—dierâ— being sent by their Captains to take off the Head of M. Antonius stupified with his language they return'd their drawn Swords unstain'd with blood into their Scabbards Who being gone P. Antronius who had not heard the voice of Mar. Antonius to the Souldiers performed the severe command barbarously obsequious to his Masters How eloquent therefore may we think him to be whom none of his Enemies durst adventure to kill who would but admit his charming language to his ears 3. Divine Iulius the perfect Pillar as well of the celestial Deities of humane Wit demonstrated the force of his own Eloquence saying in his Accusation of Cn. Dolabella whom he convicted of Bribery that the best cause in the world had been extorted from him by the Patronâ—ge of C. Cotta For then the greatest force of Eloquence complain'd Of which having made mention because I can bring up greater Example at home we must travel abroad STRANGERS 1. Pisistratus is reported to have prevail'd so far by speaking that the Athenians taken only with his Oration permitted him the Regal Sway And which was more when Solon the greatest Lover of his Countrey endeavoured all he could to the contrary 2. But Pericles together with his happy endowments of Nature carefully polish'd and instructed by his Master Anaxageras laid the yoak of Servitude upon the free necks of the Athenians For he swayed the City and carried affairs which way he pleas'd And when he spoke against the Will of the People his language nevertheless was pleasing and popular and therefore the calumniating Wit of the Old Comedy though it would be snarling at his Power yet confess'd that there was an Eloquence sweeter than Honey that hung upon his Lips and that it left certain stings in the mindes of them that heard it It is reported that a certain person who being very old chanc'd to hear the very first Oration of Pericles a young man who at the same time had heard Pesistratus then decrepit with age could not contain himself from crying out That that Citizen ought to be lookt after because his Oration was most like to the Oration of Pisistratus Neither did the man sail in his judgment of the Speech nor the presage of his disposition For what was the difference between Pisistratus and Pericles but that the first held the Government by force of Armes the other governed without force 3. What may we think of the Eloquence of Hegesias the Cyrenian Who so represented the miseries of Life that his words taking deep root in the hearts of his hearers begot a desire in many to seek a voluntary Death And therefore he was forbid by King Ptolomie to dispute any farther upon that subject CHAP. X. Of Pronuntiation and apt Motion of the Body In ROMANS 1. C. Gracchus 2. Q. Hortensius 3. M. Tullius STRANGERS 1. Demosthenes the Athenian BUt the Ornaments of Eloquence consist in apt Motion of the Body and due Pronuntiation Wherewith when she has furnished her self she assails men three ways by invading their Mindes and delivering up the ears of the one and the eyes of the other to over-persuasion 1. But to make this good in famous men C. Gracchus more happy in his Eloquence than his Designes because he strove with a turbulent Wit rather to disturb than defend the Commonwealth as often as he spoke to the People had a Servant that understood Music behinde him who with an Ivory Pipe regulated the tone of his Voice raising the note when it was too low and pitching it lower when it was too high and eager Because heat and violence of action did not suffer him to be a true Judge of the equality 2. Quintus Hortensius thinking there was very much to be ascribed to a decent and comly motion of the Body spent more time in practising that than in studying for Eloquence So that it was hard to know whether the Concourse were greater to hear or see him So mutually did his Aspect serve his words and his words his Aspect And therefore it is certain that Roscius and Aesopus the most skilful Actors in the world would be always in Court when Hortensius pleaded to carry away his postures to the Stage 3. Now as for M. Cicero he has himself declar'd how great a value he set upon both these things of which we have discours'd in his Oration for Gallius reproaching Callidius the Accuser that when he affirm'd that he would prove by Witnesses Writings and Examinations that the Party accus'd had prepared poyson for him he did it with a smooth Countenance a faint Voice and a calm manner of speaking whereby he detected as well the fault of the Orator as the argument of his weak cause concluding thus Couldst thou do thus M. Calidius unless thou didst but counterfeit STRANGERS 1. Consentaneous to this was the judgment of Demosthenes who being ask'd what was the most efficacious part that belong'd to speaking answered 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or dissimulation of Speech and Gesture Being again and a third time asked the same question he gave the same answer confessing that he owed almost all of it Therefore was it rightly said of Aeschines who leaving Athens because of the Judicial Ignominy put upon him and going to Rhodes when he had there repeated his own Oration against Ctesiphon and the Oration of Demosthenes for him with a loud and pleasing voice and that all admir'd the Eloquence of both but somewhat more that of
Cassius therefore believing him to have been taken by the Enemy and that they were absolute Masters of the field hasten'd to end his life when Brutus's forces were in part safe and Masters of the Enemies Camp But the Courage of Titinius is not to be forgot who stood a while astonish'd at the unexpected sight of his Captain wallowing in his own blood then bursting into tears Though imprudenâ—ly General said he I was the cause of thy death this imprudence shall not go unpunish'd receive me a companion to thy fate and do saying threw himself upon the liveless trunk with his Sword up to the Hilts in his own Body And intermixing blood with blood they lay a double sacrifice the one of Piety the other of Errour 3. But certainly Mistake did a great injury to the family of Lartis Talumnius King of the Veieâ—tâ—s who after he had through a lucky cast at Dice cried to his Play-mate Kill the Guard mistaking the word fell upon the Roman Embassadours and slew them as they were just entring the Room interpreting Play as a Command CHAP. X. Of Revenge In ROMANS 1. Of the Papyrian Tribe of the Tusculans against Polias 2. Of the people of Utica against Fabius Adrianus FORRAIGNERS 1. Thamyâ—is and Berenices Queens 2. Certain Youths of Thessaly THe Stings of Revenge as they are sharp so they are just while they meditate to repay received Injuries Of which a few Examples will serve 1. M. Flavius Tribune of the People reported to the People against the Tusculans that by their advice the Privernates and Veliterni would rebel Who when they came to Rome in a most miserable and supplianâ— manner with their Wives and Children it hapned that all the rest of the Tribes being Mercy the Polian Tribe alone gave judgment that they should be first whipp'd and then put to death and the multitude of Women and Children to be sold for Slaves For which reason the Papyrian Tribe in which the Tusculans being received into the City had a strong Vote never made afterwards any Candidate of the Polian Tribe a Magistrate that no Honour might â—ome to that Tribe which as much as in them lay had endeavoured to deprive them of their Lives and Liberty 2. But this Revenge both the Senate and the consent of all men approved For when Adrianus had sordidly tyrannized over the Roman Citizens at Uâ—ica and was therefore by them burâ—t alive the matter was never question'd in the City nor any complaint made against it FORREIGNERS 1. Famous Examples of Revenge were both Queens Thamyris who having caused the Head of Cyrus to be cut off commanded it to be thrown into a Tub of humane Blood upbraiding him with his insatiable thirst after Blood and revenging upon him the Death of her Son who waâ— slain by him And Berenice who taking heavily the loss of her Son entrapped by the snares of Laodice got arm'd into her Chariot and following the King Life-guard-man that had done the Mischief after she had miss'd him with her Spear she â—elâ—'d him with a Stone and driving her Horses over his Body rid directly through the bands of the adverse party to the house where she thought the body of the slain Child lay 2. It is a hard thing to judge whether a just Revenge or not were the ruine of Iason of Thessaly preparing to make war against the King of Persia. For he gave leave to Taxillus the Master of his Games complaining that he had been abused by certain young men that he should either require thirty Drachma's from them or to give them ten Stripes Which last revenge when he used they that were lash'd kill'd Iason valuing the measure of the punishment by the pain of the Minde and not of the Body Thus by a small provocation of ingenious Shame a great Undertaking was subverted Because that in the opinion of Greece there was as much expected from Iason as from Alexander CHAP. XI Of things naughtily said and wickedly done ROMANS 1. Tullia Servilia 2. C. Fimbria Tribune of the People 3. L. Catiline 4. Magius Chilo 5. C. Toranius 6. Villius Annalis 7. The wife of Vettius Salassus FORREIGNERS 1. Two Spanish Brothers 2. Mithridates the King 3. Sariaster the Son of Tigranes 4. L. Aelius Sejanus NOw because we pursue the good and bad things of humane Life let us go on with what hath been naughtily said and wickedly done 1. But where shall I better begin than from Tullia as being he ancientest in time the wickedest and most monstrous Example of Impiety Who when her Charioteer as she was riding in her Chariot stopp'd his Horses upon her enquiry finding that the dead body of her Father Servius Tullius lay in the way caus'd the Charioteer to drive over it that she might hasten to the embraces of Tarquinius who had slain him By which impious and shameful haste she not only stain'd herself with eternal Infamy but also the very Village it self which was called The wicked Village after that 2. Not so horrible was the Act and Saying of C. Fimbria though consider'd by themselves both very abominable He had order'd it that Scavola should be killed at the Funeral of C. Marius whom after he found to be recovered of his Wound He resolv'd â—o accuse to the People Being then ask'd what he could say truely of him whose conversation was not to 〈◊〉 blamed answered that he would accuse him Fâ—â— not receiving the Dart any further into his Body 3. L. Catiline Cicero saying in the Senate that there was a great fire kindled by him I perceive iâ— said he and if I could not â—uench it with Water I would with Ruine What can we think but that the stings of his Conscience moved him to finish the act of Parricide which he began 4. The Breast of Magius Chilo was deeply troubled with Madness Who with his own hand snatch'd away Marcellus's Life that Caesar had given him For being an old Souldier under Pompey he took it ill that any of Pompey's friends should be preferr'd before him For as he was upon his return from Mitylene to thâ— City he stabb'd him with a Dagger in the Port of Athens An Enemy of Friendship an Intercepter of divine Favour and the Ignominy of publick Faith which had promis'd the Life of so great a person 5. To this Cruelty to which there seems no addition to be made C. Caius â—oranius exceeds in heinousness of Parricide For adhering to the Faction â—f the Triumviri he described to the Centurions the marks the age and lurking places of his proscrib'd Father a famous person and of the Praetorian Order to thâ— end they might finde him out The Old-man moâ—â— concerned for the life and advancement of his Son than for the remainder of his days enquired of the Centurions whether his Son were safe and whether he pleas'd his Generals One of which made answer Being shewed by him said he whom thou so 〈◊〉 lovest we are come to be thy Execâ—tioneâ—s and preseâ—tly