desire of reuenge that staied her from making her choise according to her wicked intention Thou wouldest know where she hath bestowed that which she stole I beleeue that shee hath giuen it thee and that thou wouldst saue her life to haue some more by the like means Neuerthelesse we will punish her alone that confesseth the fact vntill that thy sinnes doe induce thee vnto the like confession or that thou bee conuinced by more apparent testimonie and in so doing we shall appease the gods fulfill the laws performe our duties and cleare our consciences which commandeth vs to root out the wicked forth of the Common-wealth by publike punishmēt because there is nothing that doth better maintaine the world in equitie then rewarding the good and punishing the bad Declamation 40. Of the wife that would not forsake her husband although he went about to procure her death IT happened that a man and his wife made an oath vnto each other that if one of them chanced to die the other should not suruiue aboue three daies after Vpon a certaine time the man went vpon a long iourney and being on his way he sent a false message vnto his wife which certified her that her husband was dead she to keepe her promise threw her selfe downe from the top of her house neuerthelesse she died not with the fall wherefore her father caused her hurts to be healed and kept her vntill certaine newes came how her husband was not dead but had sent her word of his death only because he was desirous of his wiues death Whereupon her father would haue cōpelled her to forsake her husband she would not he renounceth her for his child and disheriteth her for which she complaineth saying O Immortall God which by thy prouidence gouernest all mankind thou hast not permitted that this fact should be for our hurt or destruction but onelie for a triall and proofe of the loue which I beare vnto my husband yet my father would seperate those whom death could not put asunder neither is that which I haue done to be thought strange seeing that I had both cause to doe it the example of diuers women which haue done the like to allow it for some haue burned themselues with the dead bodies of their husbands others haue by their death redeemed their husbands life I am therefore happie to bee accounted one of the same number being yet liuing and my husband safe and sound who it may be would trie whether I were worthy to be beloued of him and now knowing it he will loue me better then euer he did The loue which is ouergreat is cause of suspitions and iealousies and therefore my husband was desirous not onelie to trie whether I did not loue some other but also whether he was beloued of me and I am verie glad that with the danger of my life hee hath found me such a one as he desired What wrong shall I then both doe vnto my selfe and vnto him if when I should reape the fruit of my loialtie and most constant loue I should depart from him God forbid I should so doe Moreouer I should neuer bee well able to liue without him for it was partlie the cause that I threw my selfe headlong down because I would not languish without the hope and comfort of his presence which I shall now possesse with more pleasure then euer I did To conclude I cannot leaue him and if I could I would not wherefore it is lost labour to speake any more thereof The fathers Answere IT cannot be denied but that he which went about to procure my daughters death is mine enemie wherefore there is no reason that she which loueth mine enemie better then her owne father should be my heire thou saiest I cannot nor I ought not to forsake him Why cannot or may not she so doe that cannot onely determine to die but to be her owne butcher Hauing no sooner heard a fained report of the death of thine enemie thou soughtest thine owne death in good earnest if thou couldest endure his abscence being gone on a long voiage when thou haddest occasion to loue him why canst thou not now doe the like hauing iust cause to hate him Thou art quite freed from all former oath or promise which thou hast made him in shewing the desire which thou hadst to accomplish that which he caused thee to sweare thereby not onely to abuse thee but to make thee die Thou saiest that all is fallen out for the best I know not how that should bee for as no bad act can be tearmed the author of any good so ought we not to iudge things by the euent but by the intent hardlie can hee euer loue thee who as oft as hee seeth thee shall be either ashamed of his fact or aggreeued that it tooke not such successe as he wished likewise the triall of loue is not made by a danger so euident Declamation 41. Of the prodigall sonne who being forsaken of his father redeemeth his brother whom his father had neglected THe law was such that when the children were thirtie yeares of age they might require their father to giue them their portion Wherevpon it chanced that a man had two sonnes the one of them was prodigall and the other a good husband He gaue the prodigall sonne his portion who demanded the same by vertue of the law and did wholy disherit him from anie of the rest of his lands or goods the other who was the good husband made a voiage by sea and fell into the hands of Pyrats he writ vnto his father for his ransome his father was deafe and could not heare on that side Wherevpon his prodigall brother redeemed him who when hee was returned home made his said brother his heire in recompence of his release by him wherewith the father being displeased disinheriteth the thirstie son of his patrimonie who withstandeth him thus ALl those which doe know what I haue done doe praise me for it except you How true an example of pittie and brotherly loue hath my brother shewed when sailing to seeke me hee hath aduentured great dangers trauailing ouer many lands and seas neuer giuing ouer his enterprise vntill he had brought mee home againe vnto my fathers house wherefore if you did loue me as both my obedience and seruices deserue and as nature doth bind you you could not denie but to haue receiued at his hands seruice most acceptable And in recompence thereof to haue acknowledged him for your heir as I haue done for if for his prodigalitie you did disherit him he hath shewed himselfe both towards you and me not to bee prodigall but indeed verie liberall If you did disher it him because he was vnprofitable hee cannot now bee tearmed so Seeing he could make so long a voiage and when all fatherly loue was in you forgottē he yet could performe the dutie both of a good sonne and a better brother You say that age hindered you from
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
persuading both the one and the other that they were highly bound vnto him Whervnto the Senat was forced to yeeld considering the authoritie which by their fault he had gained amongst the people yet this had beene a small hurt if he had beene contented that but onely himselfe should haue beene king but his actions declared that he would confirme the kingdome vnto his posteritie by the means of Hanniball vnto whom he not only brought his sonne Perolla but himself did stay him from the killing of Hanniball and from the procuring of the freedome of his countrie by this his most noble act Finally this noble yong man did very well shew himselfe to be the sonne of a Roman matron holding that noble mind of his mother How could hee chuse but be greeued at the heart seeing that by his fathers words who rather ought to haue exhorted him therevnto his most couragious purpose was broken from the which this hairebraine man in all vild actions did not only dissuade him but also constrained him to giue it ouer affirming that if he would not bee ruled by him he would aduertise Hannibal thereof yea would couer him with his own bodie in such sort as he should not be hurt vnlesse Pacuuius were slaine Thus he alone did corrupt the faithfull zeale which the child ought to the Romans and his countrie I passe ouer with silence how that hee was the cause that Decius Magius was so euilly intreated by Hanniball in the presence of all the Citizens and then afterwards clogged with chaines to be carried to Carthage if the gods had not succoured him better then this honourable person who had such credit with Hanniball that at his banquet was the second man at the table and his sonne the third and yet did not once excuse but rather most greeuously accused poore Magius to haue alwaies fauored the Roman faction Thus hath this vnhappy man betraied his countrie foure times First when hee put the life of the Senators to the discretiō of the people secondly when he caused Capua to reuolt from the Romanes thirdly when he made an agreement with Hanniball and suffered him to enter into Capua and fourthly when hee kept his sonne from killing Hanniball He will answere that he alone neither caused Capua to reuolt nor to receiue Hanniball I say he did for vnder the colour of his protecting the Senate no man durst gainsay him in any thing except Magius who was punished therefore If those who without calling any stranger doe by no such execrable meanes aspire vnto tyrannie are greeuously punished What torment then may be sufficient to bee inflicted vpon this wicked man Who not content to haue vsurped the gouernement and called in a stranger for his defence did also by threats corrupt the good nature of his sonne Remember O you noble Romans that you haue for lesse fault punished and driuen away your kings and consider also the causes why we cannot much lesse will not be vnder any other then you doe vs iustice then vpon him who hath withdrawne vs from you The Answere AMongst reasonable and vertuous men al vices are odious but aboue all ingratitude is a vice most detestable for it is the cause that manie good turnes are left vndone for euen as the iuie causeth that tree to die about the which it windeth and which sustaineth it so an vngratefull man seeketh the death and destruction of him to whom he is beholding for many good turnes which maketh a number fearefull to employ themselues either for the particular good of any or for the the publicke benefite of many But the noble minds leaue not for all that to doe their endeuors for euen as the sum is nothing infected by the mud vpon which it shineth and as the slanders of the ingratefull can no way hurt the true vertue which euen in the middest of vices shineth as the light doth in darkest places euen so this damned man the more he thinketh to impair my reputatiō the more doth he increase my renowne For first he saith that I haue obtained the chiefest dignities in Capua it is then a signe that either I am vertuous or els the rest of the Citizens that haue aduanced me to such authoritie are al vicious for euery one fauoreth his like repugneth his contrary You say that I thinke my selfe a tyrant Where do you find that tirants do succor or saue the life of such as pretend to be equall with them in power can you denie that by mine industrie the Senat was saued Hath not the effect made the same apparent You say that I brought them in daunger hazarding their liues to the discretion of the inconstant people how is he brought in danger who alreadie by his owne fault is fallen thereinto Do you call it a hazarding to saue mens liues If you had knowne any other meanes more expedient you ought therein to haue giuen your aduise But that in extream euils extraordinary meanes ought to be vsed So I knoing that the euill proceeded aswell from the ouergreat presumption of the Senat as from the insolencie of the people thought to find out the fittest remedie for each partie perceiuing his error framed himselfe accordingly Thinke you before I seemed to make it a question whether the Senators should liue or die that I had not first gained the chiefest of their enemies and that I did not know the weaknesse of the rest And as touching this point of the yeelding to Hanniball the authors of his receiuing they did poison themselues which taketh away the suspition that anie other was the cause thereof How could I then be able to resist Hanniball more then you and others True it is that I was second person in his bancket at the table but the same was rather a signe that he did it to win me then that I was such a one as you tearme me to be For the subtile Barbarian did not embrace those who did already fauor him but such as he would draw vnto him and the better to proue that true my sonne whom he knew to bee a Roman in heart was the third man at his banquet whom trulie I confesse I did dissuade from killing Hanniball because it was a thing impossible being alwaies armed enuironed with his gard and chiefly because he euermore suspected my sonne greatly So that the best that could happen by his rashnesse would be but the death of him manie others and it might be the vtter subuersion and ruin of Capua What hurt then haue I done preseruing such a one as is most affectioned vnto the Romans and also in sauing the cittie which could not faile but fall into their hands againe for al violent things as was the fortune of Hannibal are of so long continuance but being at their Periode turne vpside downe in a moment Therefore in such a time more wisdome consisteth in dissimulation then in obstinate boasting as appeared in that of Magius which was nothing profitable vnto
doe you not couet to be of the number of these Seeing that my disgrace offereth you the meanes to make proofe of your loue and faith towards me lose not this occasion bad for me but good for you your glory may be a comfort to mine affliction I do not withhold your marriage good through couetousnesse but to keepe you from doing that thing which may redound vnto your dishonour and I would not in anie sort that it should be said that I was consenting vnto it and I protest before God and men that I doe it for no other cause at all for I am not ignorant how much all women are importuned especially such as are knowne not to abide with their husbands for any great loue but as I haue said I will neuer consent that it shall be reported that I haue ben the cause of your follie Wherefore I remit all vnto the iudges without anie further speaking of the matter being to stand to their censure whether I am to restore your marriage good or not the which shall be a smal losse vnto me if I may be so good cheape rid from her who loueth me not at all The Answere I Should think my selfe happie in hazarding but only my goods and life to remaine with you but when the question concerneth the soule we ought to consider that we haue nothing more precious seeing that the same is none of ours but God hath made it immortall to gouerne this bodie the which ought to be wholy obedient vnto the soule that we might afterwards by the onely helpe and grace of God restore the same vnto him vnspotted if it were possible the which I cannot doe if I remaine with you for all those that doe but onely speake vnto such as you are guiltie except they doe only speake to conuert you the which hitherto I could in no sort doe but how should I doe it When neither the exhortations of the church nor yet your excommunication both together were able to turne you That which Saint Paule saith that the beleeuing woman ought to remaine wth the vnbeleeuing man is nothing pertinent to this matter for more faultie is the Christian which sinneth maliciously of set purpose then is he which sinneth of ignorance being yet vncalled of God I doe well remember what I haue promised you at our marriage and I will performe it so that it be not to the condemning of my soule and that it is so I haue alwaies shown that dutie which an honest wife oweth vnto her husband and am yet readie to continue the same if you doe returne againe vnto the bosome of the church and then you shall truly know that I will not forsake you for any occasion I am not also ignorant what the worthinesse of mariage is and I would not haue you thinke that men doe seperate me from you but God himselfe for as much as he is head of the church I doe confesse that the woman was made for man but for al that it followeth not that she ought to damne her selfe for him As touching the hope which you doe shew you haue to returne vnto the church it were better that it were too soone then too late for then should I haue no occasion to depart from you and I doe promise to turne vnto you when you shall be absolued There is no loue wanting in me but there lacketh goodnesse in you because you remaine obstinat I cannot be tearmed in the number of those that haue left their husbands without cause but my greatest griefe is because I haue too iust a cause and I beleeue that Alcest Iphias and the other ladies which were truly vertuous would haue done as I doe in the like case as mine had they liued in these our daies for euen as it was an honor and vertue in them to doe that which they did for their husbands so likewise should it be but a shame and a sinne in me not to forsake you The same which you say prouoketh you not to restore me my marriage good induceth me not to leaue you so that I may abide with you without offence and discredite as I would not also that any one should think that I were consenting or partaker of your obstinacie no more then you would be thought to bee consenting vnto my seperating and vnder this false colour you would keepe backe my marriage good I doe aduertise you that I will rather forgoe it if it be not ad alwaies procure them enemies and do make quarels in publicke places to the greater daunger of honest people then their owne But I would to God that I had ben dead before now at the least with my husband seeing that life is more bitter vnto mee then death and my greatest griefe is because I am not onlie harmed by this Homicide but as manie of the noble kindred which he and I haue are greatlie interressed in it manie of the friends whom he fauoured are damnified the poore hath lost much thereby for he was a good almes giuer Lastlie the Commonwealth is weakened losing such a Citizen who liued so well that he had manie friends and not one onlie enemie that did pleasure manie and neuer displeased anie Consider then you righteous iudges what punishment is to be done vpon him who depriuing vs of so manie benefits hath been the cause of so great mischiefe The Answere IF mens actions ought to be iudged not according to the euent of the same but according to the intent of him that dooth it I cannot in anie sort bee blamed for I did neuer know this man whether he were honest or dishonest wherefore seeing I neither loued him much lesse hated him I had no desire to doe him either good or hurt But since by misfortune it is so fallen out that being constrained to defend my selfe from those who sought to kill me he hath had a blow both against my will vnwitting mine enemies are more to be blamed then I for they are the cause thereof Wherefore ought I then to beare the punishment thereof The sorrow that I haue had because this fault is happened by my hand is sufficient inough although it was done against my meaning without that I should be further troubled for the same and were it not that my wife and my children whose liuings I doe get could not liue without me I had rather die then liue hauing ben so disgraced by you to haue depriued you of your future hopes and your present happinesse but if it be a crueltie to cause the innocent wife and children of a guiltie man to suffer what is it then to take away the life from the wife and innocent children of such a man that is no waies faultie For it is sufficientlie manifest that this woman which accuseth me of crime not knowing me no more then I doe her is carried away with her passion seeing that also she doth altogether condemn my fact without hauing anie respect vnto the innocencie of
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
sleightlie regarded there is no reason that thy pettie losse should be in anie sort recōpenced especially because thou canst not say that thy hurt came by me but by the Tirant and no way better canst thou excuse thy fault then in accusing thine owne hard fortune which was the onely cause of thy harme by bringing the tyrant vnto thy house The Answere HE which hath all the profit and honor ought likewise to be partaker of the hurt as I doe not vniustlie reprooue thee for the wrong which thou hast done me so also dare I aduouch that thou hast not killed the Tyrant seeing thou diddest neither see him nor once touch him but my house was it that slew him therefore it is not against reason if for the losse thereof I doe at the least demand some part of the reward The tyrant did not make anie speciall choise of my house much lesse was it offered or prepared for him but as he could he entered therein because I was not at home to hinder him likewise thou mightedst as wel haue follow him in and killed him but thy heart serued thee not and therefore thou didst rather chuse to fire my house then otherwise to slay him and in danger thy selfe to be hurt thou then hast the reward but deseruedst it not and yet thou wouldest haue mee lose my house which was his ouerthrow Who can tel but that he might well haue escaped if therein he had not entered If then my house did keepe him and receiue the fire that burned him why ought it not as I haue said bee likewise partaker of the reward Declamation 70. Of the grandfather that did secretly steale away his deceased daughters child for feare least it should be poysoned by the stepmother as two other before had ben wherevpon the said childs father accused his father in law of violence IT happened that a man had three children whereof two died not without suspition that the stepmother had beene the cause of their death The father of the said childrens mother did secretly steale away the third child least it might come to the like end as the rest did Neither had the said grandfather visited the other children during their sickenesse because he could not be suffered to come in but was kept out of dores The father caused his child to be cried the grandfather said that he had him wherevpon the father accused the grandfather of violence saying that he had stolen his child the good old man made his excuse saying SEeing that this is all the sonnes that my daughter hath aliue suffer me to bring him vp What doest thou feare That I will not let thee enter in when thou commest to visit him as I was serued at thy house thou art deceiued I am not so ingratefull fond foolish man as thou art thou seekest not those two children which thou hast lost nor once hearkenest after them which haue ben wilfullie made away but seekest him that is not lost that he might likewise be lost as the rest were Thou askest one of me whose life I will charilie protect and I doe require two of thee whom thou hast careleslie suffered to perish Why is not a grandfather better to be trusted then a stepmother I came to visite my little nephewes being sick yet might not see them that was violence and not this which I haue done For therein hath neither beene vsed weapons combat resistance nor force but such as was too friendly Let al the assistance bee iudge of this controuersie which is between a yoong man and an old Thou saiest that I haue stolen thy sonne I answere that I doe keepe my daughters sonne thou saiest that I haue taken him away from thee and I denie it but true it is that when hee came vnto mee I would not driue him away from me and I am the cause that he is yet liuing So doe the Phisitions and Chirurgions oftentimes bind vs and whether wee will or no applie such medicines as are most needfull for the recuring of our maladies That which I haue done is no strangers deed Nature hath her right this difference is there betwixt the father and the grandfather that it is lawfull for the grandfather to preserue his children in safetie but not for the father to suffer his to be slaine Whence proceedeth this thy ouerlate pittie to begin to seek thy lost sons of this which is here in safetie Seest thou not that all those that fauor the child do desire that thou mightest not find him The Answere HE hath not taken away the child to keepe him or for anie feare he had of his safetie but onelie to slander my wife with sorcerie and to make mee suspected to be therevnto consenting What haue I to do with this man O you Iudges who while his daughter liued did neuer beare me anie loue and now after her deceasse dooth hate me deadlie and hauing scantlie visited my children when they were sound he came crieng out and lamenting during their sicknesse prophesieng that which hath since happened and would but haue increased their griefe to haue heard it He was kept foorth because his comming was well knowne to be more hurtfull to all then helpfull to anie and that he should neither by his needlesse exclamations shorten the liues of the poor infants nor steale this other child which now appeareth was his onlie intent Declamation 71. Of him that being accused for intending his fathers death is thervpon renounced of him although that in open Iudgement he was clearely acquited by equall sentence YOu must consider tbat in times past when in iudgement there were as many voices on the one side as on the other in any criminall cause the partie accused was acquited because that iustice ought to regard clemency more then cruelty Whervpon it happened that a father accused his sonne of paricide saying that hee intended to murther him wherefore he being imprisoned and the informations made on either side the proofe was found so vncertaine that the partie accused had as manie voices in iudgement on his side as the accuser whereby the accused is acquited Notwithstanding the father being displeased forsaketh and disheriteth his sonne though hee were acquited by iustice saying My request is now lesse then it was for I doe not desire to be reuenged of thee but only that I may be rid of him that would haue slaine me I do no more accuse him but shun him Do you thinke that hee will spare me being his foe that would not spare me being his father No surely For because hee would no difference betweene my testament and my death He is not acquited of his offence but onlie freed of his punishment because the sentences were alike To prooue him innocent hee ought to haue had manie voices but to condemne him there needed no more then one The Iudges haue not found him faultlesse but onlie spared the punishing of his fault wonderfull is the mercie of the law of this
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
he had receaued so manie detestable persecutions and iniuries Must there then be a quarrell taken because I haue ben more pittiful then my sonne who neuerthelesse would not do anie thing without my commandement by the dutie whcih he ought vnto me which hath chieflie induced him heretofore to commit that offence for which we are both condemned Lastlie reason willeth that your last sentence be not reuoked for no sentēce ought euer to be reuoked to the hinderance or preiudice of such as are to suffer if one of vs must die it is I that ought so to doe seeing that I was first born and being the elder I haue offended through malice but he through ignorance I willinglie and he in obeying me I then being the onlie cause that both hee and I haue offended it is requisit that I onlie should die for both our misdeeds and neuer imagine that my sonne doth for all that escape vnpunished for as all my miserie shall in my death haue an end so shall his calamitie in liuing together with his yeares dailie more and more increase as well in grieuing that hee hath offended the Commonwealth as that he hath ben constrained to kill his father by their commandement who ought to abhorre the onelie thought of so execrable a crueltie The answere of the Iudges OVr sentence was not pronounced by way of mockerie neither was it reuoked to encrease your miseries but onlie to know seeing you are both twaine worthie to die whether of you is most vnworthie to liue for mercie which assuageth Iustice ought alwaies to be extended towards him that is least culpable Wherefore finding your sonne more faultie then you we haue appointed him to die yet not by your hands for we know that the same were rather crueltie then iustice but we haue hereby made a certaine triall whether there were anie vertue remaining in him when in consenting vnto your death he hath bewraied his vngraciousnesse so that except you bee yet an enemie to your countrie you ought not to bewaile the death of a man so wicked or a sonne so worthlesse but we plainlie perceiue that euerie one fauoureth such as himselfe is and that you will neuer surceasse to hate the Commonwealth so that it will bee no great losse although you should as you say die with griefe for such a losse shall be more profitable to all then hurtfull to anie likewise of two wicked men we had rather saue him that by course of nature will die the soonest and which hath little time and lesse strength to accomplish his wicked purpose We haue children but if wee did know that they would euer bee like vnto you or your sonne wee would presentlie doe with them as wee will with him and as wee ought to doe with you they are to bee pittied which are poore and miserable not such as are wicked and malefactors for as to afflict the good it is an act of crueltie so to punish the bad is a deed of charitie we doe not cause your sonne to die for being willing to accomplish our sentence as you say but because he being alreadie worthie of death the same doth make him more worthie and wee doe saue you by our speciall grace because you would not kill him shewing your selfe at the least a better father then he is a sonne and the dutie which he ought vnto you can bee no excuse for him for it is verie apparent that he would hardlie euer haue obeied you had you commanded him to doe anie good true it is that neuer anie sentence is to bee reuoked to the hinderance of the good but as wee haue moderated the first to saue the life of one of you so is it lawful for vs now to applie the other in such sort that he may die which is most wicked Also the choice which we doe put you vnto cannot bee called crueltie seeing that it was not to that end that it should be so effected neither was the same anie suddaine inuention of our owne thoughts but it is to bee considered that the wickednes of malefactors causeth the iudges to inuent new extraordinary punishments thereby to represse vice the sooner To conclude if you thinke that we do you any wrong you may appeale vnto those who haue as great authoritie ouer vs as ouer you Declamation 81. Of a Chirurgion who murthered a man to see the mouing of a quicke heart THere was in Padua a most cunning Chirurgion excelling all others of his time who hauing made wonderfull experiences of his art for no lesse is the desire of cunning then is couetous of coine had also a wonderfull great desire to open a liue man that he might perfectly know the motion of the heart wherevpon hee made diuers and sundrie requests vnto the Senat of Venice that they would grant vnto him some condemned malefactor to make therewith this his desired experience but he could neuer obtaine the same at their hands for the Venetians are by nature not only pittifull but also somewhat supersticious But these refusals did but the more encrease the longing of this Chirurgion for to say the truth euery haulty spirit are in that like vnto women who doe for the most part couet after that which they are forbidden to touch So that hee being still in this rauing or rather longing there came vnto his doore a poore souldiour very well proportioned and of a sound bodie comming newly from the wars and demanded his almes of the Chirurgion who caused him to come in and cherished him secretly some three daies after his owne fantasie afterwards hauing brought him downe into a caue he caused him by certaine fellows hired for that purpose to be bound vnto a post and opening him aliue he saw that in him which he so greatly desired but as no murther can euer remaine vndisclosed long so it happened that one of his confederats was taken for some other crime and being vpon the racke he amongst other matters reuealed the murther which he his companions and the Chirurgion had committed wherevpon they were all taken and the Chirurgion confessed the fact saying TRue it is most iust Iudge and you worthie Senators that I haue ben the death of one man to saue the liues of an infinit number of others not onelie by the cures which I hope to performe during my life but by that which I will leaue behind mee in writing after my death wherefore it may bee said that hauing made an experience so notable and profitable I haue done worthilie but hauing killed a guiltles man I haue done wickedly I confesse it and would confesse to haue offended more hainouslie if I had not more then once intreated that to preuent a further mischiefe I might haue beene allowed to make this triall vpon some condemned malefactor the which I was neuer permitted to doe some one may answere must you therefore kill an innocent Or doe that by your owne authoritie which a whole Senate would neuer
that abandoned them I confesse that I haue maimed them but who can tell whether I haue done them more hurt or good thereby for I haue made them such as all the world is and euer will be readie to releeue them Moreouer they take no paines in getting their liuing and they are free from the danger of killing in the warres or by theeues in like sort they need not feare to be hanged by iustice or noted of infamie As for anie hurt don vnto the Commonwealth who can tell whether they would haue been pilferers murtherers theeues traitors seditious persons seducers Heritickes and other such like wicked fellows as by nature they were likelie to proue being begotten of such parents as cared not to leaue them to the mercie of brute beasts So that it may be said that by one smal mischeife I haue preuented a number of manifest dangers those that instruct youth to skirmish and kil men are farre more hurtful vnto the Commonwealth then I and yet are they not punished I haue not onelie made them as vnable to do hurt as they are vnfit to do good but also I am the cause that they are yet liuing the Cōmonwealth can not be harmed by those which are not abiding therein as these were being laid foorth to die from the which I haue saued them Whereas you alleage that I am the cause that they liue miserablie you doe thereby affirme that it is by my meanes that they liue which is no small matter the charitie of manie doth releeue them but by my onelie compassion they doe liue If I had fostered them vp and not maimed them I should haue deserued commendation the losse thereof then is sufficient punishment for my maiming them Who would euer haue thought that such a Commonwealth should haue had officers so idle as to busie themselues with that which a begger dooth amongst beggers who haue their iustice and Commonwealth by themselues Why may you not likewise say that Paris being cast foorth of his Parents and afterwards acknowledged by them was the cause of his father brethrens death his mother and sisters captiuitie the destruction of the noblest of all Greece and Phrigia and lastlie the vtter subuersion of his countrie Troy as well as you speake of Cirus who in the end slue his grandfather and Romulus his brother What should not hee then haue deserued that had maimed those Or who can iudge whether I haue done good or hurt in maiming these here But the time is so wicked that whatsoeuer the poor do is accounted an offence How manie rich women doe cause the frute of their wombe to perish by the straight girding and lacing in of their bodies How manie Noble men doe burst their lacquise legs with running and lame their seruants with hunting How manie men doe they vndoe who doe either die with hunger or els are forced to rob by the high way How manie quarrels or braules doe they make to the hurt of the Commonwealth If you wold indeuour to correct such kind of men you should haue no leisure to persecute those who haue not offended but in shew onelie but it is not said in vaine That the lawes are like vnto spiders webs wherein the small flies are taken but the great ones doe breake through and escape Declamation 87. Of a gentleman who required to haue those goods of his restored which his sonne had sold in prouing by law that his father was dead A Gentleman of Piemont had a quarrell or at the least fell into the hatred of a great lord of the same countrie who did one day cause the said gentleman to be taken very secretly and hiding his face made him to be carried into the dungeon of his castle where he remained a prisoner in such sort as during the space of more then eight yeares he could nener imagine in what place he remained the said gentleman before he was prisoner had likewise a quarrell with two of his neighbors who were inferiors vnto him in calling with whom also the said lord was greatly displeased whervpon hee immagined how hee might at one instant cause them both to die and by the same means quite himselfe from all suspition that might bee imagined of his wronging the gentleman So that he began to enquire what was become of the said gentleman and vpon suspition of the enmitie of these two neighbours against him he preuailed so much by false informations that the Iustice apprehended their bodies and either by examiuation or tortures they were inforced to confesse that they had murthered the said gentleman vpon which their confession the Iustice caused them to be publikely beheaded so that euery one did assuredly beleeue that the said gentleman was dead Wherefore a sonne which he had being a verie prodigall youth began not onelie to seize vpon all his fathers lands and goods but also did riotously wast the same and in the end sold and consumed all in such sort as shortly after he died in great pouerty It chanced about foureteene yeares after that the Frenchmen surprised the said great lord in his house and for because the castle wherein he held this gentleman prisoner was a fort of great importance to be kept for a frontier place they compelled the said lord to surrender the same vp vnto the King or his Lieutenant Generall the which he did and the Frenchmen finding the said gentleman there suffered him to depart who like one risen from death to life went home vnto his owne house the which he found was sold and the Iudge which had caused the others to be executed dead but he pretending to know nothing of all that had happened required restitution of his lands and goods saying THere is no law that permitteth the sonne to sell his fathers goods during his life You see that I am not dead and that I am his father that hath sold you his goods if you stand in doubt thereof I wil for your further assurance shew you euident tokens and will proue the same by sufficient witnesses Your light beleefe or want of wit to be better aduised ought not to be preiudiciall to me in anie sort You are not the first that haue made a bad bargaine and a good restitution for most commonlie men being blinded with couetousnesse do casilie beleeue euerie thing to bee true which they desire Caesar imputed this lightnesse vnto the Frenchmen the which it may bee they haue brought hether vnto you to make you partakers thereof but yet for all that I will not lose mine inheritance restore it vnto me then or els prooue that I am not he whom you know me to be O you righteous Iudges I do esteeme you too iust to suffer me to fall from one miserie into another farre more great hauing not derued it for not onelie is age an incurable maladie but pouertie ioined with it may be tearmed an exceeding mischiefe From the which worthie Iudges I beseech you to preserue me The
vnto her in whom I liue for water farre of doth neuer quench fire hard at hand the planets doe chieflie compell vs to loue therefore doth Venus shew her selfe to be more strong then Mars and that which is more no other law then that of nature can be giuen vnto louers for it seemeth that loue is a diuine and humane essence all in one subiect wherby it happeneth that true louers are most apt to sustaine great trauailes for loue is no other thing thē a contemplation of the thing beloued but the louer is such as the thing beloued is therefore was I inforced to become such as my mistris was Lastlie being constrained by all these abouesaid reasons I am more then excusable for of all the parts in a mans bodie the heart is the noblest and the noblest part of the heart is loue therfore it may be verie well affirmed that he which knoweth not how to loue well hath a bad heart To conclude it must be considered for what intent vowes are made as for mee I made mine to the intent that I might bee neere vnto my best beloued in seeking to depriue me of this intention my vow should be broken and if it be so I will make no other but you cannot say that it is all one vow seeing that there is great difference betweene the obeying of a man the seruing of a woman religious men ought to be learned and to haue such other perfections whereof I am not capable whereas amongst religious women obedience onlie with humility is sufficient for which cause I will not make anie other vow then that which I haue made but as I said at the first I submit my selfe to bee iudged according to the law beseeching that the glose thereof may bee as farre from crueltie as it is fittest for men to vse clemencie The Bishops answere IF I had not assuredlie thought that thou wouldest haue refused my proffer to make thy selfe a religious man I would neuer haue offered the same vnto thee being as thou art vnworthie of so great a fauour but I intended by this meanes to manifest by your owne tongue your wicked intention to the end that you might bee worthilie punished therefore and neuer say that if no law mention of the like fault as yours is that therefore you should remaine vnpunished for it may be there was neuer such a cursed deed heard of before or the lawmakers thinking that such a fact could neuer bee committed made no mention thereof as Licurgus made no law against such as murthered their Parents imagining that none could bee so wicked as to commit such a crime therefore would he not mention such a detestable deed but doe you thinke that for all that the Lacedemonions would haue left to punish those grieuouslie which should haue committed the same that they would not haue inflicted a punishmēt as rigorous as the fact was rare No doubt they would for when offences are execrable the punishments must bee the more extreame to stop altogether the passage vnto such vices and especiallie in such a case where the accusation is not publicke it were most expedient that the punishment should be secret but the more seuere that the same being knowne of few men the crime might bee lesse manifest and the terror of the punishment more great For so during the Consulship of Terentius Varo Lucius Cantilius Chancelor to the Bishops hauing committed adulterie with Florania a Vestall Nunne was in the place called Comicia the gates being locked vp so beaten with rods by the bishop that hee died with the blowes which ought to serue as well for an example as a law vnto this fellow whose fault is more foule What punishment then shall be sufficient for your adulterie Whereof you seeme chieflie to boast and to approoue the same by your reasons no lesse friuolous then detestable by the which it should seeme by your saying that incests and adulteries ought not to bee blamed prouided that thereby the generation of mankind bee encreased alasse how more happie were it that neither you nor she had euer been borne then that you should be the occasion of such a scandale seeing that it were better that he which scandalizeth the least of the Christians were throwne into the sea with a milstone about his necke What doe you call loue A vild carnal concupiscence As much or more common vnto brute beasts then vnto reasonable men who cannot vse it lawfullie but onelie in marriage to the end to bring forth children Wherefore Saint Paule doth verie well say That Whoredome is surely one of the greatest sins and most hurtfull vnto man seeing that euerie other sin is without him and whoredome consumeth both his bodie and his soule making him the one halfe of an harlot when he is created for no other cause but to bee the Temple and dwelling place of God Why doe you not say then in steed of your leasings that an harlot is a hell wherein God suffereth those which forget him to bee drowned and that filthinesse is the reward for the infidelitie of men O wicked wretch how darest thou then looke vp into heauen or behold the earth the one being the seat the other the footstoole of God Whom because thou doest forget thou art vnworthie of his fauour If whoredome committed with profane women be detestable what shall wee say of adulterie with such as are religious who are consecrated to God Seeing that the Romanes when as yet they were ignorant of the truth did burie their Vestall Nunnes quick that suffered themselues to be defiled You say wel That louers are blind of vnderstanding see then the cause why those are to be punished which suffer themselues to fall into such blindnesse that proceedeth of nothing but idlenesse gluttonie which prouoketh luxuritie therfore ought you to haue shunned these two vices but you might haue escaped the third the which as you haue sought it so are you fallen into it Surelie all men are tempted and the greatest temptation is not to be tempted at all because then we forget to be men but vertue appeareth in the resisting against temptation which you hauing neglected you haue not only tempted but defiled the spouse of Christ What fire or torment may expiate so vild and abominable wickednes And surelie you haue refused as one that is vnworthy to doe pennance in religion hauing first defiled the same making the holie vow thereof to serue for a cloke vnto your filthinesse Let then the bull of Perillus be put in vse againe and as he made the first experience thereof so be you the first that must bee punished more rigorouslie then euer anie heretofore hath been seeing that your adulterie the like whereof was neuer heard is the cause that a new law must bee made to terrifie such as would follow you Lastlie immitating the example of God which would not the death of a sinner I haue called you to repentance not without great suspition
Colleagues as being equall with them in authoritie But who can denie that I had not the power and that I did not command him not to fight during my absence The yoong Torquatus was iudged to die by his father onelie for hazarding his owne person and you would excuse Fabius who by his rashnesse did indanger all the campe yea the whole Commonwealth for the more you prise his victorie the more is the danger apparent wherevnto he brought the Commonwealth If such faults may bee borne withall who will not henceforth sticke to runne from his Ensigne Who will haue care to come when he is commanded Wherefore shall not the souldiour fight against his captaines will when the maister of the horse hath not onlie foughteÌ„ contrarie to the commandement of the Dictator but also in contempt of his authoritie hath burned the enemies and did not once aduertise him of anie thing thereof after the deed But hath indeuoured to animate the souldiours to defend him against the Dictator and afterwards did by force escape from the Lictor and would not obey anie summons but fled vnto Rome stirring vp the People Tribunes and Patricians to fauour him I know not what els to say sauing that manifest tyrannie excepted there could not a more hainous crime haue ben committed So that to conclude I will say that you may by force saue him from death but as for me I declare and protest that I neither will nor may acquite him Know that at these words all the people began to intreat the Dictator for his life wherefore without pardoning the fault he frankly gaue him vnto the people Declamation 98. Of the disherited sonne who claimed to haue his inheritance againe of the heires of him vnto whom his father had giuen them A Certaine man disherited his sonne vpon a iust cause and gaue his lands vnto another man who lying dead sick said that he would haue the inheritance which was giuen him to return to the disherited son WhervpoÌ„ some few daies after he died before the notarie which he had sent for was come so as although there was nothing left in writing yet did not there want witnesses to testifie for the said sonne who demanded his inheritance saying WHo is he so ignorant which will beleeue that my father would euer haue disheÌ„rited mee in good earnest but that he rather made this deceassed man to promise that hee should restore my land vnto me after a certaine time for the kindnes of fathers doth alwaies exceed the malice of the children because that naturall loue is more readie to descend then to ascend as well for the instabilitie of youth as for the constancy that remaineth in age who knoweth doth well remember that hee hath done amisse in his youth and like as God naturallie loueth man farre more then man loueth him the which is knowne by his deuine bountie towards vs and our ingratitude towards him so the father may well be angrie with his son but what show soeuer he maketh therof yet can he not hate him for it should be contrarie to the law of nature who wil then imagine that my father being by nature mild and courteous towards all men could euer haue ben so cruell against his owne sonne All these reasons abouesaid are most manifest but were it so that my father had absolutely giuen away his possessions and mine inheritance vnto this dead man yet did he before his death restore the same againe vnto me being either in conscience or kindnesse mooued therevnto but had hee not more reason and libertie to giue it to me theÌ„ my father had to take it from me You say that nothing appeareth in writing for what end shold writings serue without witnesses Doe we not know that the paper endureth all things and the parchment much more wherefore the word of the testator and the authoritie of the witnesses is sufficient What if the Notarie after he had made the Will were dead must we not then haue had our recourse vnto witnesses Wherefore seeing the notary did not come time inough it may be because some of you staied him shal not the witnesse of such persons as are worthie to be beleeued serue the turne who did heare the deceassed man say that he would haue the said land to returne vnto me and for that effect did he send for the Notarie It is at the end of the life that a man doth chieflie seek to discharge his conscience and then or els neuer is the truth spoken wherefore it is most euident that this inheritance doth infalliblie appertaine vnto me and therefore I do demand to haue the same by friendship and if so it may not be then must I request it by Iustice The Answere YOur father is not the first that hath disherited his sonne it may be because he was more honest then you and there is no likelihood and lesse certaintie that hee hath caused this man to restore vnto you the inheritance but if it bee so as you say then prooue it for there is no reason to credit your words being such an one as you haue compelled your father to doe that which you cannot beleeue yet to prooue that this is so the effect maketh mention Wee beleeue that your fathers clemencie was great which it may be was the chiefest cause why hee desired to depriue you of all meanes to become anie more vicious for some such as you are doe liue better when they are poore then when they are rich wherefore you father in this was desirous to imitate our God who doth all things for the best although our nature is so corrupt as wee cannot comprehend the same Likewise wee must consider that the father is not easilie brought to hate his sonne but when he is inforced therevnto then is he more hard to be intreated or reconciled then a stranger the more slow men are to become angrie the more great and terrible is their wrath when it happâ—eth euen so hath it beene with your father whom you affirme to bee naturallie mild and courteous thinke then what violence he did vnto himself before he had taken this irreuocable resolution against you So that your reasons seeme verie friuolous and chieflie when you say that this deceassed man being prouoked by the foresaid reasons or by his owne conscience hath restored vnto you those lands and goods which your father gaue vnto him his conscience could not be burdened seeing that nothing can bee more trulie gotten then that which commeth by gift likewise therein he should but alter the meaning of your father and his benefactor for it is verie likely that he did giue those goods vnto him and his heires why then should he seeke to defraud them to giue it vnto such a one who by his owne father was iudged vnworthie thereof His ingratitude thereby would bee too manifest but had he therin ben so aduised yet hath not the effect therof insued whether it were Gods doing or his