If I had then this authoritie whilest he liued what a ieast were it that I should lose it after his death For when he was absent your oath bound you to me Wherefore hath the Generall a Lieutenant But onlie because himself being subiect to wounds sicknesse and lastly to death that he should maintaine and keepe the souldiors in obedience You cannot denie but that so long as he liued it was I to whom you were to yeeld an account of your actions but not for you to doubt of my authoritie for proofe whereof durst you refuse to follow me in anie place where I would lead you Or to denie to doe whatsoeuer I would command you Durst you once haue demanded whether that which I wold haue you doe was the pleasure of the Generall Would I not haue punished him with death that should haue disobeied me Or had I not the power by martiall law of my selfe to put anie disobedient souldiour to death The Colonell hath not he the like authoritie ouer the captaines And the captains ouer the others that commaund vnder them euen vnto the corporall who hath the same power ouer the priuat souldiour What doe you meane then to doubt of the authoritie of your Generall Consider souldiors how you haue sworne to serue your prince and follow your Ensigne which is meant so farre as you may bee allowed by the prince what will you then say Seeing your Ensignes are yet displaied and your captaines willing to serue Do you not know that you are entred in their muster-role and that you must march vnder them They vnder the Campmaisters the Campmaisters vnder the Colonels the Colonels vnder the Generall or his Lieutenant and the Generall vnder the prince if he be there if he be not then he representeth his person where is then your vnderstanding Who hath bewitched or seduced you that you wil thus peruert order and military discipline Is not this fellow a trim Orator being no lesse ignorant then ill aduised who thinking that he is the ablest and wisest man amongst the rest heapeth vpon himselfe alone all the dishonor and punishment of this fault he I saie that was worthie to die before hee was borne rather then he should haue attempted to corrupt so manie worthie and valiant men The noble Romans did sundrie times commit the like faults especiallie vnder that great Scipio in Spaine who also caused onelie Albius Calenus Atrius Vmbrius and others the inuenters of the mutenie to be punished as capital offenders and I doe assure you that in their deed they offended not so much as you for they had beene vnpaied of a long time and it was certainlie thought that Scipio their Generall was dead which was the cause that made the souldiors not onelie to mutenie but also manie citties and Prouinces to reuolt before they did mutenie Wherevpon Titus Liuius saith That when the authors of the deed were punished in the middest of their fellows there was not heard so much as one onlie grone seeing them beaten starke naked with hollie wands euen vntill they were readie to giue vp the ghost and afterwards their heads to be striken off being halfe dead Those men did mutenie because they did see that the Prouinces did rebell but you hauing passed the worst of a dangerous enterprise being vpon the point of a victorie the which your Generall whom you so greatlie bemone hath prepared for you with the price of his life would now giue it ouer Is it possible that the reuerence which you owe vnto his memorie and the shame of your selues should not be able to withhold you the greatest loue that can be shewed vnto anie man that is deceassed is to immitate his deeds and to obserue his precepts and you will whollie estrange your selues from them which doth plainlie declare that being vnworthie of such a Generall God hath taken him awaie from you or rather he verie well knowing your vnworthines was not desirous to liue anie longer I know not what els to say or thinke what should be become of your ancient valor and martiall reputation which was woont to haue more need of a bridle to hold you backe then spurs to prick you forward I am ashamed of your shame if it be true that you haue charged this lost man to make this discourse But I cannot beleeue it for the insolencie is too great so that it cannot proceed from anie other but from himself and so consequentlie none ought to beare the shame and punishment thereof but he Neuerthelesse for the good opinion which I haue of you I doe put his life and death into your hands hauing so great confidence in your nobilitie that you will not indure a man so pernicious to remain anie longer amongst you but if you shall suffer him it will be your owne hurt more then ours besides the shame and reproch which will continue for euer yea and that after death for there is no doubt but that the Historiographers doe as well record the faults of souldiors as their valiant acts which afterwards is oftentimes the cause that their posteritie doe fare the worse for it Lastlie I haue told some part of the reasons whie you cannot much lesse ought not to demaund that which this wicked man hath proponed without the consent of anie of you except it be of some such as are like vnto himselfe which maie well be termed the scum of the armie for in such assemblies there are some bad like as there is no corne without darnell no wine without lees nor anie fire without smoake or els if your vngraciousnesse be such as I can hardlie beleeue it is that manie are of that mind but rather that it is the lesser number and consequentlie the worser sort of all the armie I am of opinion that such kind of people are not fit to be kept for such a riddance of them will be profitable vnto the whole armie because a few well disciplined are more worth then a great number of those that are confused disobedient and without order Let them come forth then which would be discharged whilest the captains are here with their muster roles to the end that at the same time also they maie be commended rewarded which shall remaine constant in performing their duties and by the same meanes also to determine vpon that which wee are to write vnto the Prince and countrie of those who so cowardly doe forsake their leaders and companions You must note that when the Generals doe make these orations there is none so hardie that dare bee the first which will say he would bee discharged for they feare least some of them may bee alreadie corrupted or wonne by the captaines And by this meanes doe they punish the authors of the mutenie and vse some liberality towards the souldiors Declamation 21. Of Gamaliel who hauing slain two of his brethren because one of them had rauished his wife is accused by the others SAdoc and Gamaliel amongst diuerse others
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
sorrowfull then the miserable Hecuba Alas alas why doe you not as well beleeue that he may prooue good as his mother which is the surer side and that he may not be so bad as the father of whome you haue beene reuenged by the hands of her who more then any other was bounden vnto you You must beleeue that the gods are iust and pittifull and in this onlie point of pittie men may follow them and make themselues almost like vnto them as the Prouerb saith That one man is a god vnto another and sometimes a wolfe vnto a man take you thē that part which is most commendable O courteous lords beware that you incurre not the anger of the gods the reproch of men and that which is worst of al take heed least your ingratitude or your ouer great desire of reuenge be not the cause to make you lose the good wils of such who in some other vrgent affairs may aid or doe you some worthie seruice For ingratitude and crueltie are abhominable both before God and men Declamation 12. Of him who vnder coulor of obeying his father displeased the priest that administred the sacraments vnto him A Certaine honourable ladie being at the point of death made her last will and testament after the desire of her curate who had more respect vnto his owne particular profit and the commodity of the church then to any the benefite of her kindred wherevpon so long as the ladie was able to say I he alwaies added something or other vnto the will when neither any of the sonnes nor the father himselfe either would or durst gainsay him in any thing he did for feare of troubling the mind of the sicke woman but after her death and that the funerals were inded there was some motion made to haue the said will reformed wherevnto the curate would in no sort consent but compelled the heires and executors to performe the same vnto their great griefe Some small time after the husband of the deceassed chanced to fall into the like sicknesse and the curat handeled him after the same sort as he vsed his wife euen vnto his last gaspe so that the poore man because he would leaue the world in peace did still answere I the which the eldest sonne perceiuing who but a little before was returned from the warres he began to bee exceeding angrie and imagined which way he might be reuenged of the Priest Wherefore comming neere vnto the bed he also began to increase the number of the masses and dirges wherevnto the pacient stil answered then in the end he said alowd Is it your will that the curate be presently throwne down the staires the sicke man said I againe not vnderstanding what his sonne said the same was no sooner spoken but the sonne tooke the Priest by the neck and throwing him downe the staires brake one of his armes The curate accused him and protested that he had wronged him saying WHat treason may be more execrable then this being committed vnder the coulor of pittie I was called to comfort the sicke to administer vnto him the holy sacraments to admonish him of his souls health when this vngodly fellow approched neere vnto the bed and faining to assist my deuout intention did wickedly betray me as is manifestly of be seene by the maiming of my limmes The deriding of the sacred reliques and abusing of the patients will might well haue sufficed without further adding therevnto this outrage Who shal henceforth be the pastor that dare instruct the diseased to haue a care of their saluation Seeing the thanks which they haue and the recompence which they receiue therefore is the assaying to breake their necke Verie true is that which is commonly spoken of such as follow warres which is that they neuer take pleasure in anie thing but in doing mischiefe and that they as much despise those things which are sacred and holie as they doe esteeme such as are prophane This lewd fellow hath not only sticked to slander his owne father at the houre of his death but also careth not although he be damned for euer O child of perdition doest thou not know that at the last gaspe consisteth either the saluation or damnation of men How manie are there who hauing alwaies liued godlie doe damne themselues at the last houre and others hauing bene wicked that by their end haue been saued The good Dismas who was crucified at the right hand of our Lord sheweth vs an example of the one and Iudas an Apostle of the same Christ is a figure of the other how durst thou thē trouble the last thoughts of thy father by thy insolencie Especially outraging him whom with all thy might thou oughtest to defend seeing that we doe here represent the Diuinitie for the Pope representeth God the Archbishop the Pope the Bishop the Archbishop and the Curate the bishop I require then that the wrongs done vnto God the Pope the Archbishop the Bishop and to my person may be repaired and that he which hath committed it may be punished according to his deserts to the end that all such insolent persons that will not bridle their affects for the reuerence which they owe vnto God and his Church may by his example beware that they incurre not the like punishment The Answere DO you call that Treason to performe the same thing the which you heretofore by law compelled vs to doe That is to fulfill the testators last Will Now it is to be considered that in al things we doe we must begin at one end as for me I began first with the last and the rather because the same not being set downe in writing I feared that it might haue ben forgotten or least by deferring of time which is verie often the losse of occasion I might be hindered from effecting the last commandement of my father as also because he long before made a signe vnto me that I should rid him from your companie who had no other talke with him but of temporall matters that he might wholie apply his mind vnto God and therefore he graunted vnto euerie thing which you demaunded thinking that the best way to dispatch him from your importunities but had you had your owne will I beleeue you had ben there yet to trouble him wherefore I am not to be blamed if I had a desire to doe this last seruice for my father vnto whom I am more bounden then to you for I remember verie well that you your selfe at such times as in my youth I came vnto you to shrieue did alwaies inioine me to doe whatsoeuer my father and mother commanded me without exception of anie thing and if otherwise I did I should be damned thinke not then maister Parson that for respecting you ouermuch I will be damned Moreouer you haue so manie times preached vnto vs that a man must honour his lather and mother and that it is the first commandement that hath anie reward promised vpon the
die poore as he did so are they nothing like the candle but onlie in that they are too fat with the cost of the poore people and with the danger of their liues for the Consuls command but the souldiours fight Concerning this that you warred vnluckilie the blood of the dead and the cries of the liuing beare witnesse thereof and trulie hee is not worthie to be a Senator much lesse a Consull who cannot gaine the good will of the souldiours Lastlie we had not opposed our selues against the enrolling of the souldiours if in due time the demaunds had beene thought reasonable and therfore either you must iustifie yourselfe or els are you worthie of double condemnation because your talke tendeth to sedition in desiring to mooue the Senat and people against vs who are no common officers but most holie Magistrats appointed to keep in peace both the one and the other also the time will come when we shall greeuouslie punish such vnluckie Southsaiers and Prophets who doe seditiouslie foretell and prophecie euil to the Senat and people like as you now doe Declamation 6. Of a maimed man who for smiting an officer is condemned to lose his hand but it cannot be prooued with which hand he did strike him A Man that was maimed of one of his hands did strike an officer of the Magistrates for the which he was to lose his hand it could not bee proued with which hand he did strike him he said that it was with his left hand which was the same that was maimed notwithstanding the iudge would the sound hand to be cut off alleaging these reasons following IT were better that laws were neuer made then not to be executed for the law that is not kept maketh the Magistrats despised and so consequentlie maketh men to doe euill but the meaning or glosse of the law is to be considered as also the qualitie of him which breaketh the same together with his intention for if a man kill another in his owne defence or he which stealeth being by extreame want vrged therevnto such a one is in lesse fault then he which killeth a man of set purpose or he which stealeth hauing no great need It behooueth vs then to consider that the meaning of the law is that hee which smiteth an officer must lose a member and not that which is maimed alreadie by some other meanes but concerning you who are the breaker of the law you had little cause so to do being lame because such men should rather keep themselues from strokes then desire to strike anie man because they are the weakest also you were not constrained therevnto and therefore you were rather to expect for more hurt then anie good to happen vnto you by the same blow whethereby it may be seen that anger is an enemie of good counsell and forbearance is the best meanes to bridle rage for if you were not wronged by the officer you deserue double punishment for striking him and if you were iniuried yet the badge of his office might haue serued for a warrant that there was a Magistrat of whome you might haue had right if you had accused him boldlie alleaging that he which was to redresse wrongs had wronged you but in not doing so wee must come to this that you haue done which is that you haue beaten the Magistrate his officer you say it was with your left hand the which is verie vnlikelie because few men are left handed and you especiallie cannot so be seeing that if you were such by nature yet were you constrained of long time to vse your right hand and verie hardlie could you euer remember your left hand vnles it were when you stood in anie need thereof if you say that it serued you onlie to strike withall it is a signe that you had a will or that you were accustomed to strike which is a kind of offence Finallie there is sufficient proofe that you haue stroken and you confesse the same but you cannot prooue that it was with the left hand neither is there anie likelihood at all of your saieng wherfore if you haue no other proofe you may account your selfe for a condemned man for the law intendeth that you shall lose a hand how can one now take away that which you haue wanted long since bethinke you then to prooue your saieng or suffer the law which you haue mistakē to be executed vpon you to giue example to others that hereafter they be not so rash For to cut off your vnprofitable hand should bee rather a pleasure then a punishment to you The Answere THe zeale which I bear vnto the Commonwealth maketh me to confesse my great preiudice that lawes are both to bee kept and executed and I abundance but do you verily beleeue O you Censors that your imposition can in anie sort be the ouerthrow of Mamercus Doe you not know that the more vertue is oppressed the more she doth flourish much like vnto saffron which the more it is beaten the better it groweth Hath not Mamercus beene greater then you alreadie and may he not so bee againe What might then befall if he were so full of reuenge as you are Do you think that it would be any benefit vnto the Common-wealth Doth he want any meanes friends or fauour as well of the Senators as of the people No truly but thanks be to the Gods he neither hath nor euer had anie wicked intention this one thing which aboundeth in you is wanting in him But what hath moued you to persecute him so cruelly Wherein hath hee offended you Forsooth hee hath abridged the tearme of your authority is not this all Hath hee not more abridged his owne Desiring therby to make you know that offices are not to bee sought for but when any one is called thereunto hee ought to thinke vpon nothing but the good of the Commonwealth and for the aduancement thereof he must neglect his own profit the which vertue is sildome in any man but if any such be to be found then were it good for them their family that they should not continue long in office and if they bee otherwise it were farre better for the Commonwealth that they neuer had office at all I dare not iudge or say what you are seeing you desire the office for fiue years not considering whether you may liue so long or not but this is the mischiefe that your ambition I will not say auarice doth deceiue you in such sort that without any other respect you hate euen those who take care both for the Common-wealth and for your benefit and you must not think although Mamercus be esteemed a noble gentleman that he will alwaies pocket vp these your slight faults and leaue the matter at this stay whereby you may be emboldened to abuse either his or any other mans patience hereafter for henceforth we doe appoint that those which haue ben the former Censors shall be the correctors and iudges of such as
those which euen now called him their God and preseruer of their liues a matter illbeseeming the Citizens of Rome who ought rather to reward me for hauing rooted from amongst them such a one who like vnto the fisher and fouler that with a little bait deceaueth both the fish and birds depriuining the one of their libertie the other of their liues would also doe the like by them but it is commonly seen that as the belly hath no eares so also hath the stomacke no discretion the which is apparently prooued by the confederats of Spurius wherefore it belongeth to you noble citizens that are not bounden vnto him and which haue not sold your libertie for a morcell of bread to you I say it belongeth to consider what I haue deserued hauing slaine him who with the helpe of a few faint hearted fooles would captiuate your sweet libertie as for that which the Tribun saith of the peoples mourning against the Senat if he himselfe be not the inuenter thereof yet it is a signe at the least that the people which vse such conference with him doe very well know that he taketh pleasure therein for if there were no eares that delighted in hearing slanderous speeches there would be few slanderous tongues but how could I bring him aliue seeing the people do yet so greatly affect him because time which changeth all thinges hath not as yet changed their minds but rather increased the same If that be true which the Tribun doth rashly say against the Senat A man may easily tearme Spurius another manner of man then you say he is although the crime had beene lesse dangerous then it is but when the matter concerneth the preseruation of our libertie seeing there was no respect had vnto the sonnes of Brutus being faultie nor vnto Collatin being innocent and partly the author of the said freedome why should Spurius be respected And as you say that the Dictator is not chosen but in great extremitie his election doth sufficiently witnesse the extremity wherein the Commonwealth remained true it is that I told him wherein he was accused to the end that if he were guiltlesse he might be lesse afraid to appeare before the Dictator and being guiltie haue the better meanes to thinke vpon his excuse but he had no desire to take the benefit of my aduertisement but as one alreadie condemned by his owne conscience he endeuoured to flie away for a true signe that he is a malefactor which distrusteth as much in himselfe as in the iudges if he had not beene faultie why was he so fearefull Seeing that innocencie dooth alwaies assure those that imbrace her but we may see by him that Tyrannie is like vnto a faire and pleasant pallace that is high enough but yet without staires or steps to come downe without breaking ones necke euen so those which by pride and ambition thinke to attain vnto honour and profit doe for the most part meet with shame and confusion he needed not to feare that he should not haue had time and place to excuse himselfe seeing that there was neuer anie Citizen condemned in Rome if his cause were but only doubtful if his meaning were good in distributing the corne why did he not come to declare the same vnto the Dictator Finally if he had beene as innocent as he was culpable I am not in any sort to be blamed seeing the Dictator hath not only allowed but also publickely lauded my deed I list not therefore further to dispute of his innocencie or his offence but rather the accuser that did accuse him And it appertaineth vnto the Dictator to defend me hauing performed my charge according to his commandements seeing that euen when I had done it he allowed my fact to be good and worthie for a maister of the knights as I was But who will any more obey the Dictators if when after their authoritie is expired it may be lawfull for any man to sue those which doe accomplish their commandements Declamation 11. Of the wife of a Tyrant who hauing slaine her husband required his sonne for a recompence THe law appointed that whosoeuer killed a Tyrant should obtaine of the Commonwealth whatsoeuer he demandeth except onely the gouernement thereof Moreouer the same law saith that after the death of the Tyrant all such as were neerest of kinne vnto him must likewise die although they be nothing culpaple Whervpon it happened that the wife of the Tyrant not knowing any cause why did slay her husband and required for recompence of her fact that her sonnes life might be saued and exempted from the foresaid law but the Citizens declared that the same could not bee done saying THe same law that promiseth you a reward doth denie you him whom you demand seeing that it commandeth expressely that all the kindred of the Tyrant should die wherefore if any other then your selfe had slaine him you should haue beene one of the same number yea and the first of all as she that was neerer vnto him then any other of his kinne and so consequently the chiefest partaker of his Tyrannie but yet to fauour you we will not now dispute vpon the cause of your killing of him whether the same was done through hate anger or for some other particular reason without anie regard at all of the common good for although no act be it neuer so good is to be performed by any wicked meanes yet do we allow your fact for good and laudable and you may induce vs to beleeue that you haue done it in a good zeale and for our benefit so that you will not desire to saue the Tyrants sonnes life for in preseruing it you shall not haue slaine but reuiued the Tyrant neither yet ended but prolonged the Tyrannie because it is more likely that a yoong man will liue longer then an old for surely although the Tyrants sonne be neuer so well disposed yet shall we alwaies suspect him can there be anie greater tyrannie then to stand in doubt of it continually seeing that of all euils feare is the cruellest part for without it death it selfe should be a soueraigne good Truly a knowne Tirannie were farre lesse greeuous then a daily feare to fall into it would be for the Prouerb saith That much better is a knowne mischiefe then a doubtfull pleasure how much then ought we to preferre a certaine good before a manifest euill of the which good we can neuer be assured so long as the tyrants sonne doth liue for the desire of reuenge is so whot and the couetousnesse to commaund and rule so vehement that hardly may he forget who was his father also it is to be feared that you would neuer haue slaine the fire if you had not thereby hoped one day to see the sonne in his seat which would be worse for vs then if the father were yet liuing You will say that the banishment of him whom we feare might very well put vs out of doubt the which can
earth how could I then better honor my father then hauing compassion to see him so importuned to deliuer him from such a paine according to his good commandement If you had taken as great care to the patient as you did to the Notarie you should verie well haue perceiued how he made a signe with his head that the same should be done which I did though not so soon as I ought because I would first be informed what his will was which so soone as I vnderstood I suddenly put it in effect without suffering it to be set downe in writing for feare least others seeing this testament should also put in practise this last point whē you gaue them the like occasion could I then offend you when I thought vpon you chiefest benefite Also I cannot beleeue that I haue slaundered my father in yeelding such obedience as was due vnto him and giuing him the means to apply his last thoughts vnto his true saluation if there be anie fault done it proceedeth of this that I did not exactly vnderstād the progression of your dignitie for I did thinke that men so worthie ought to approch more neere the perfection of him whom you say they doe represent This is all wherein I may haue failed for the rest I referre me to the iudgement of those which are of more knowledge then either you or I am Declamation 13. Of him that would disherit his brother because he had smitten his father IT was an ancient law that whosoeuer did smite his father should be disherited wherevpon it chaunced that a certaine yoong man being drunken did strike his father who imputing the fault vnto the wine both dissembled the matter and pardoned the offence but the father being dead without making anie will the yoonger brother would haue his elder brother to lose his inheritance because he had offended the law saying YOu know O you iust iudges that which the law hath appointed for those that strike their father I require the execution thereof and it must not serue his turne to say that the wine made him to doe it for such an answere in steed of an excuse would make him double in fault and he is as well worthie to be excluded from anie part of his mothers good as he is to lose euerie whit of his fathers inheritance the one because he did beat his father and the other because he vseth to be drunken for the drunkard is more worse then a brute beast which neuer drinketh but to maintaine life but it seemeth that the drunkards liueth to no other end but onely to drinke What mischiefe happeneth not thorow this vice of drunkennesse The Partriarke Noe was the first that planted the vine so also he was the first that was drunke therewith what happened vnto him thereby Nothing but onelie shame anger and displeasure Lot also being drunken committed incest with his daughters Cambisses being reprooued by one of his faithful counsellors because he was commonlie drunk did with an arrow strike through the heart of the said counsellors sonne saieng can he be drunke that shoots so faire a shot That great conqueror Alexander slew his Foster brother Clitus comming from his banquet and afterwards being sober he would haue slaine himselfe for sorrow but who knowes not that such fruits come of drunkennesse Wherefore they being double in fault which commit wickednesse thorow that vice deserue double punishment And now to returne vnto our first matter who will not say that my brother ought to lose his inheritance seeing that he hath strooken our father because the same maketh a doubt whether he be his sonne or no and if he be his sonne as I beleeue he is the greater is his ingratitude wherefore there is no need to stand vpon my fathers dissembling or pardoning of the wrong for as much as I should likewise haue consented therevnto but I will still say that it is fit to hang vp the vessels which doe containe such pestiferous licquor and that there is too much fauor shown vnto those who for drinking ouermuch and afterwards beating their father are but onlie disherited The Answere YOu blame me for an offence the which I know not whether I did it or not or if I did it at the least it was against my wil but were the matter as you say it is Yet were it not to be attributed to my fault because I did not know him whom I offended Trulie I confesse that I haue misdone in drinking too much but you do most wickedlie sinne through malice in going about to alter the meaning of your deceassed father and to disherite your brother that neuer did you anie wrong Wherefore do you desire that a fathers kindnes should be abused Why doe you make the world to doubt whether you be his sonne and my brother That he is my father his pittie hath declared but your ambition and extreame auarice makes me doubt whether you be my brother for brethren ought to loue together and helpe one another yea if need were to die one for another as did Castor and Pollux Agamemnon and Menalaus with diuers others whose fame shall be immortall for this affection wanting vndoubtedly they are no more brethren but far greater enemies then strangers can be I confesse also that wine is the cause of great mischiefes and therefore I will keepe me from it but you your selfe do bring in a sufficient excuse for me in saying that so manie great parsonages being ouercome with wine haue committed verie great faults as well as I as touching the double punishment which you would haue your passion maketh you to giue that counsell which neuer heretofore hath been allowed for currant but tell me who hath made you more wise then our father and those that sit in iudgement that you will make new lawes Seeing that you haue receiued no offence thereby and that our father hath made no complaint thereof at all It is manifestlie to be seene that couetousnesse and not a sonnes loue inciteth you against me for if such a zeale did stirre you vp why made you not your request during our fathers life But you knowing verie well that he was not or at the least thought himself not offended haue staied for his death to ouerthrow your brother Declamation 14. Of one that to escape his enemies took away a Priests horse byforce A Crtaine man flying from his enemies that would haue slaine him met with a Priest on horsebacke whom he praied to sell or lend him his horse in that extremitie the Priest flatly denied him the other tooke the horse by force and afterwards hauing escaped he sent home the horse againe together wtth a good reward neuerthelesse the Priest accused him of theft and said THe chiefest point of iustice by the which the Common-wealth ought to be maintained in peace is that euerie one may quietlie possesse without anie let or disturbance that which he hath iustlie gotten As for me I will prooue verie
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
mine intent I will not say for my defence that her husband hath rather ben the cause of his death then I seeing that he would needs passe by such a place where manie men were fighting for not onlie they which are wise and well aduised do shun the like meetings but also fooles children and the verie brute beasts doe flie from them as touching the criminall coniectures that it was a thing done of set purpose the sharpe pursute of mine enemies doe sufficientlie excuse me and if there be anie other proofe more sufficient then hers of such a fact trulie I will condemne my selfe as worthie of death but being otherwise I cannot be so where she saith that I ought not to throw stones at anie man I answere that he which would iudge of that it were fit that he did prooue the like daunger as mine was to affirme also that to haue manie enemies is a signe of a wicked man is a verie absurd iudgement for it is often seene that the good are hated as well as the bad and that which is worst It is of the wicked that the good are hated so that they are in far greater danger and verie often constrained to defend themselues euen so it fell out with me But who was or euer shall be milder then Socrates And who had more wicked enemies then he who neuer ceassed to slander him euen to the procuring of his death as an offender What shall we say of Phocion and of Aristides likewise of Solon and Licurgus and of the great Scipio Africanus I passe ouer with silence our Sauiour Christ and other Saints least I should prophane their holie names in placing them amongst other men I am not be alone then that hath enemies neither ought this mishap impaire my reputation or make my cause the worse in anie sort Finallie there is no fault so little that cannot be greatlie aggrauated if anie man will seeke for circumstances as this woman doth who would prooue the Common-wealth and so manie persons interessed that it seemeth by her speech that her husband was immortall but I demand if he should haue died of an appoplexie or some other sudden death whether should not the losse haue ben all one But it is the manner of women to make the wrongs which they receiue seem great esteeming those which they commit verie little wherefore it were superfluous to answere her tedious accusations which is the cause that referring my selfe as well vnto the mercie as to the equitie of the iudges I will attend their iust sentence Declamation 18. Of Sergius who fought against his enemies without aduertising his fellow Virginius thereof and therefore is not aided by him SErgius and Virginius both equall in authoritie were captaines in the Romane army before the cittie of the Veies Sergius was encamped on that side where the Tuscanes might come to releiue the besieged cittie and Virginius on the other Now it happened that Sergius was assailed of the Tuscanes and fought with them without requiring aid of Virginius so that part of the campe was thereby discomfited he being returned to Rome accused Virginius for not aiding him and said thus WHat profiteth wisdome courage and dexteritie in a commander when enuie alone is farre more able to hinder him then all these vertues together are able to further the aduancement of his seruice that desireth to profit the Common-wealth Euen so is it happened vnto me for although Virginius and I did both together imploy all our best means to besiege and take the citie of Veies for the honor and profit of the Senat and people of Rome yet were we neuer able to doe anie seruice of worth but on the contrarie we receiued dishonor and hurt by the onlie enuie and ambition of Virginius Neuerthelesse what haue not I done to allure him vnto kindnesse and to persuade him to be carefull of the safetie and honor of the Commonwealth I haue alwaies giuen him the chiefest honour and held him not as my companion but as the only Generall commander of the enterprise yea and leauing vnto him the place of most aduantage I did encampe my selfe both where the greatest danger and most concourse of the enemies was thinking by that meanes not only to induce him but also to bind him more straightlie not vnto my aid but vnto the common good of the whole armie and his owne honor yet what haue I gained with all this dutie and true humilitie nothing at al but only thereby increased his malice pride and ambition I therefore considering with my selfe how hardlie two Generals in one armie doe performe anie enterprise fortunatlie and how on the contrarie by the diuersitie of their opinions wits they doe oftentimes not onlie procure one anothers mischeife but also sometimes put the Commonwealth in great danger as Terentia Varo did at Cannas when he gaue battaile against the opinion of his Collegue did rather desire yet further to abase my authoritie in respect of his honouring him as my superiour in all lawfull things but all was vaine for as much as those actions which doe serue to gaine the loue of such as are modest doe increase the pride and insolencie of those that are prowd for they doe attribute that vnto cowardlines which is done by modestie and wisdome which men Virginius desired to follow for he seeing that I to gaine his fauour did oppose my selfe vnto the greatest daunger for his securitie and defence did presume that I did not this noble act to induce him vnto the like aiding of me but that I did owe him this honour wherevpon he did not only forget that I was his companion but also he would not performe the dutie of a good Generall for how can he be a good Generall that seeth anie of the inferiour captaines in daunger to be ouerthrowne and will not send him aid Paulus Emilius ceassed not to fight but did willingly die in the battaile although that Varo began the same against his aduice the which I haue not done for it is well known that I would not fight against your will seeing that I encamped in that place to no other end but onlie to make head against the Tuscanes if they came to molest the campe to raise the siege or to hinder our enterprise yet neuerthelesse you had rather suffer the Commonwealth to be hindered then to affoord me your aid in so great an extremitie especially seeing that by that meanes we might happily haue ended our enterprise for in succouring me the Tuscanes had ben discomfited and no doubt the besieged could not haue chosen but of necessitie must haue yeelded but you rather desired my losse and dishonour then to haue your owne profit and honour ioined together with mine which had been but a small matter if all the Romanes had not ben therewithall greatly hindered The gods forbid that I should say that you had intelligence with the enemies but I am very sorrie that you giue occasion vnto many to
in other mens matters as these doe who would persuade me that this exercrable offence should not once haue prouoked me to reuenge the which it hath not done but rather vnto a iust punishment of the malefactor for that is called reuenge which is done wittingly but that is punishment which is inforced through a most iust cause of disdaine or anger Some may say that euery punishment ought to be done with a setled mind without choler for feare of being ouer rigorous I do confesse it ought but who can also denie that the first motions of anger are not in our owne power Wherefore I would and it were also reasonable that these my ouer sharpe accusers had a true feeling of the wrong done vnto me and then they would iudge more modestly of their brother who hath done that which they ought to desire that is rooted out from amongst them a supersticious Diuine not only hurtfull to his friends but vnto all the Commonwealth Is it not too apparent that such people are puffed vp with ambition that they had rather see the death of a million of men then to suffer that by any it should be knowne that they haue failed one iot in their fond diuinations As he of Milan did who hauing foretold that at a certaine time he should perish by yron not finding any man that would kill him although he gaue them diuers occasions slew himselfe to verifie his prophesie so this my dead brother hauing foretold that by this my marriage a great mischance should happen vnto all our race had rather be the cause thereof himselfe not seeing any likelihood therein then to be esteemed vnskilfull in his art which is especially forbidden both by diuine and humane laws And then you say that you haue lost the best of your brethren me thinks that if he were the best then the rest should be nothing worth at all and you ought not to say that a iust cause of disdaine constraineth you to require the death of the third but rather an iniust hatred for were it not so from whence could such an inuectiue proceed to animate the iudges against me Had it not ben sufficient for you only to haue said this man here hath slain our two brethren for this and this cause wherevpon we demand iustice You say that you are partakers of the misfortunes of my marriage why doe you not rather say of the insolencie wickednesse and adulterie of Sadoc As also that I am vnworthie to be reckoned amongst your brethren truely hee neuer deserued to be accounted If offenders ought to be punished for an example I haue not done so bad as you say in punishing him suddainely For who was a more notorious offender then he You say that those which follow armes doe all become wicked men Abraham Moises Iosua and a number of others because they were valiant in armes were they the lesse righteous Moreouer the multitude of those which you alleage that haue slain their kindred maketh more for my commendation then my condemnation for you shall find that the most part of them had lesse cause to doe the same then I. Furthermore I cannot beleeue that either monie or desire of vainglory draweth men vnto the wars but rather a desire to maintaine lawfull and iust quarrels although euery Generall affirmeth it to be his owne Finally the wars hath ben in all ages Saint Iohn baptised the souldiors without forbidding them to vse the same art yea God hath many times commanded his people to vse it so that it may be iustly proued that wars is rather an occasion of vertue then vice Concerning the report of my wife this is not the first time that women haue ben beleeued in the like case wherefore seeing neither you nor I haue or can find any reproch in mine that may blemish her honor she is as well to be beleeued as othets and if as you say a woman cannot be forced then haue diuers heretofore ben wrongfully condemned for the like offence Truly the law had ben sufficient to haue punished Sadoc but if I had had such patience as was requisite what assurance should I haue had that hee would either haue come before the iustices or els if he had chanced into their hands that you would not all haue taken his part as you are now against me And as you say it is iniustice to pardon an offender so is it iustice to punish a wicked man as I haue done wherefore I haue not offended but only in that being iustly stirred vp to anger I haue defrauded the iudges of their authoritie of whom humbly beseeching pardon for this fault I do wholly submit my selfe vnto their mercie beseeching them also to defend me from your malice Declamation 22. Of him who after he had had his pleasure of a maid would haue forsaken her to haue married her sister A Yong Gentleman hauing had a quarrell a long time with a neighbour of his made an agreement with him vpon a condition that the said neighbour should giue him leaue to chuse one of his three daughters in marriage and allow him the tearme of one yeare to make his choice so that vnder this coulor being familiar with them all he got the eldest of them with child afterwards he would haue chosen the second wherevnto the neighbour opposed himselfe saying THou vngracious man how darest thou imagin such a wickednesse Or once behold me in the face hauing ben so treacherous and mischieuous to abuse that familiaritie which was granted vnto thee in signe of reconciliation vnder the which thou hast more harmed me in protesting thy selfe to be my friend then all thy weake forces had ben able to hurt me if thou hadst continued my mortall enemie O God is it possible that men may be so wicked That what they cannot doe by force they accomplish vnder the cloake of an honest friendship but why say I freindship When that is the greatest benefit that God hath giuen for the vse of man without the which this life should be full of bitternesse and sorrow But let vs come vnto the matter did not you make your choise when you had carnall copulation with my daughter Is not that the consummation of marriage Truly yes they were all three promised vnto you but in lying with this you haue had your choise and it is not verie likely that she would otherwise haue consented therevnto but you breaking promise with her would by that means be reuenged of me for all former enemities but if it be so that an ancient hatred preuaileth more with you then a new friendship I doe beseech you most worthie iudges that he may be punished which hath suborned seduced and abused hir that is his wiues sister for by our agreement he is bound to take one of the three moreouer let him be punished which hath so greeuously offended his father in law his mother in law and his sisters in law and finally contemning laws and all honestie hath
them both at once attributing that in me to passion which can be no lesse thē prudence truly hee were vnworthie to bee a iudge that knew not how to discouer the malice of offenders for as much is that iudge to be esteemed which is without wisdome as a Commonwealth without laws a Prince without faith a phisition without experience a souldior without valor and a Marchant without credit who being such they doe not fall themselues alone but they are the cause of the ouerthrow of a great number But tell vs what was the cause that Salomon iudged so rightlie but onlie wisedome Euen so I without the same should neuer haue knowne your iniquitie and so consequentlie I should neuer haue found out a iust cause to condemne you for it is verie manifest that couetousnesse neuer iudgeth anie thing to be vnlawfull because it hath no place but amongst such as are wicked which is it that caused you to thinke it lawfull to commit whoredome with your bondwoman then to denie the fact and to forsweare your selfe because you would not make her free desiring rather to preiudice the law then to hinder your profit and afterwards being cast in prison for yout faults you would yet further defraud your creditors in not consenting to the sale of him who if he be not your sonne standeth you in no stead but to burthen you with a further charge and especiallie hindering his mother he is the cause that she cannot applie her businesse to get your liuing and her owne so that they doe both helpe to consume and wast that little which remaineth to paie the creditors or that which you haue hidden to deceiue them If he be not your sonne whie would you keepe him To serue for a witnesse of your seruants shame Doe you not know that he which cleaueth vnto vices maketh them his owne It is no charitie to keepe a child to be your slaue and lesse charitie is it not to consent to haue him sold to paie your debts Touching your demand why I doe not sell your other goods I answere there is time enough but I would first begin with that which was least profitable vnto you and yet of great charge and if you allow not this reason I did it to make the truth knowne vnto others as wel as to me it is that he is your child wherein I doe sufficientlie declare that I do not onlie ioine mercie with iustice but also that I doe further therevnto ad wisedome to make vp the number more perfect for without it iustice seemeth to be rigor and mercie no better then follie for what greater foolishnesse can there be then to pittie such a one as hurteth others as this infant hurteth you and your creditors therefore if he be not your sonne let him be sold and if you haue begotten him make his mother free Wherevpon doe you appeale Because I haue not likewise condemned you for periurie The same may yet be done all in good time the deed being prooued You do also saie that it were better to sel the mother and the child together it would be more indeed the childs profit but it must bee considered that manie would willinglie haue a child in their house to make them some sport and afterwards to doe them some seruice which would not be troubled with a whoore that can be nothing but a slander and an ill example for all their houshold For all these foresaid reasons it may be gathered that I haue no desire either to harme the innocent or to hurt the afflicted but mine intention is to haue the father acknowledge his child and that the mother should be recompenced as reason requireth Declamation 25. Of a Generall who after he had lost the battaile sent to the Prince to know if he should giue the battaile A King sent his Lieutenant Generall to the warres with an expresse charge not to giue any Generall battaile without he did first aduertise his Maiestie thereof It happened that occasion offered such an aduantage that the said Lieutenant notwithstanding the Kings commandement did fight a battaile but as the wars are casuall and that oftentimes fortune crosseth the vertuous so he lost the said battaile and presently afterwards hee sent a post vnto the king to tell him that such an occasion was offered vnto him to giue the battaile as was greatly vnto his aduantage and declared such apparent reasons as the Prince appointed that the battaile should be giuen then the messenger said If it like your Maiestie the battaile hath ben giuen with all such order and policie as was requisit notwithstanding wee haue lost the field The King being exceeding angrie caused the messenger to be hanged and the Lieutenant Generall to bee taken and condemned him to death who appealed defending his cause thus IN vaine doe Princes send those vnto the wars whose hands they keepe tied and trulie it may be said that I was sent in such sort Neuerthelesse seeing the likelihood of a profitable victorie to finish the wars to the great honor and commoditie of my Prince and countrie the band of his commaundement vnlosed of it selfe and leauing me at my libertie I did my best although fortune enemy to vertue so wrought against vs as the effect prooued not according to the likelihood of the deed and the desire of the doer but what shall I say That I can do what men may doe onlie fight a battaile but God alone must giue the victorie The which oftentimes either he delaieth or suffereth it whollie to be lost for the sinnes of the people when God seeth that their pride and other vices are not yet left moreouer it happeneth manie times that God will punish the insolencie of the souldiors vsing the enemies as instruments of his iustice Was not the battaile lost by the children of Israell before Hai onlie for the theft of Achan Was not also the whole host troubled and Ionathas in danger of death because he had tasted a little honie With a number of other examples which I ouerpasse because I will not be tedious Alas how hard are mens actions to be effected without his great danger that imploieth himself therein And principallie when the iudgement of the performance thereof dependeth vpon one mans voice onely Wherefore O Prince I say that you alone cannot iudge me much lesse condemne me except you doe it of your owne absolute authoritie which vndoubtedly were manifest tirannie the which I thinke you doe verie much abhorre considering that you alone cannot be a head without members and that in this deed of mine the members are also interressed that is to say if I haue offended they are to punish me and not hauing offended they ought to preserue me to performe some good seruice for it is a matter of no small importance for them to saue or lose such a man whom you haue thought worthie to be the onlie Generall of your wars and I doubt whether you alone may make a decree that
gaine which he hath made after so manie extortions Is not he miserablie dead by the means of his most familiar friends And those were his heires which were not so much as anie thing a kinne vnto him who did spend his treasure and goods in destroieng one another the which should make you wise O you Athenians and cause you to surceasse this follie to saie that you are quit hauing receiued your bond from one who hath taken it from vs by force and who for this deed and other such like did shamefullie die as he deserued moreouer it is not likelie that he was sent from the gods to subdue vs but true it is that by their permission wee were by him vniustlie tirannised ouer and for our sinnes hee was as a scourge of the Gods but their anger ceasing hee perished also But who did euer see that a debtor ought to bee the iudge of his creditors actions as you would bee of ours Seeing that you are vtterlie blinded with passion for whilst you accuse vs of pride and couetousnes you doe not consider that your selues are guiltie of treason and theft because you haue cleaued vnto the capitall enemie of Greece and for the same cause you will detaine from vs that which we did lend vnto you in your greatest need concerning that which you speake of Time as being the minister of the gods it maie bee the same gods of whom you speake in mockerie will so bring it to passe as time shall compell you shortlie not onlie to satisfie vs but also to become more miserable then euer you were when you shall intreat for our aid the which now you doe ingratefullie forget In like sort you must not alleage that you haue paied your obligation vnto Alexander for wee know verie well that you neuer had lesse means to doe it then at that time and although you should trulie haue paid it yet were it of no import nor anie satisfaction vnto vs for you neither ought it vnto him nor had hee anie letter of attorney from vs to receiue it hee might then verie well deliuer you your obligation but yet he could not forgiue you the debt whereunto he had no right at all determine then you Athenians to satisfie vs by faire means if you will not haue vs to imploie both our owne and our friends forces together with the helpe of the gods the iust iudges of your iniquities Declamation 34. Of him that is in trouble for accusing a man of crime for which he is committed to prison and there dieth A Man accuseth another for an offence the partie accused dieth in prison whilest the informations are in making the accuser cannot sufficiently prooue his accusation Wherevpon the kindred of the accused doe require to haue the accuser punished with such punishment as the crime deserued wherwith he accused the other And they say TRulie the weakenesse of man is such as euerie one esteemeth his owne miserie more great and lamentable then he doth another mans but what is he which can saie that we passe the bounds of reason when we saie that this our kinsman deceassed is worthie to be greatlie lamented And that he which is the cause of his death deserueth most seuere punishment seeing that he hath not onlie abridged his daies but that which is worse hath endeuoured to cause him to die most shamefullie especiallie to the great preiudice of his poore familie and all his linage and his purpose hath not failed in anie sort seeing that the poore man is dead in prison although he neuer once deserued to come into the same And it is not to be thought a smal matter to imprison a man seeing that in Athens those which died in prison could neuer be buried in the sepulchre of their ancestors as if they would thereby inferre that they which died in such a place might stain the tombes of those that died with honor and reputation of vertue and the same custome is yet vsed in sundrie most famous citties as amongst others at Paris the chiefe cittie of France where they doe obserue this law that he which but for debt onlie passeth the wicket of a prison shall neuer after be capable of anie office or other publicke promotion how much more then for suspition of crime There is nothing more apparent then that this poore man seeing himselfe in such disgrace died euen for verie greefe the wicked wretch that hath accused him is yet liuing in health but let vs see what likelihood there is in his accusation seeing that yet after the death of the accused he cannot proue his saieng I maie therefore now saie that he could not be suffered to alleage anie reasons for his own defence neither might take anie acceptions against the witnesses nor yet be allowed openlie to prooue his innocencie but with the least suspition that might be he should haue ben constrained to abide the sentence of condemnation Be you assured O you righteous Iudges That this accusation proceedeth by the instigation of diuers malicious persons who if need had ben would likewise haue serued for witnesses against him but their malice or ill will ending by the death of this miserable man they doe also forsake this vngracious fellow in his greatest need Such is the iust iudgement of God that the wicked doe oftentimes perish euen by their owne wickednesse but for all that their offence is not anie whit diminished neither is this poore dead man alone but his distressed widdow children and all his kindred vnto whom he was a true friend anie lot the lesse harmed wherfore it maie well be said that this lewd forger of vntroths hath murthered both this man here and ouerthrowne the others yea and some are yet likelie to die for want of his life that now is dead I meane the poore children and the miserable widdow Then what gibet what sword what halter what wheele or what torments are sufficient to punish thorowlie this execrable wretch which is the cause of so manie mischiefes For first he hath gone about to prosecute his death and next he hath indeuoured to defame him alas he is dead and reputed for infamous by those which haue heard his accusation and not afterwards knowne his innocencie but manie seeing him no more will yet thinke that there was fauour shewed him in causing him to die in prison as a malefactor vnlesse this abhominable fellow as a publicke spectacle doe not possesse the same place whereunto he pretended by his false accusation to bring the innocent consider then you iust Iudges as well the miserie of the dead and his allies as the execrable iniquitie of the false accuser and doe you gaine as much fauor at the hands of God and praise in the world by your iust iudgement as he hath gotten sin and infamie by his wickednesse The Answere of the accuser THere is nothing more true then that I haue iustlie accused him whom I know not by what death he is depriued of
mightest also acknowledge my liberalitie but as for the Iudges they are too righteous to force the laws and to alter the last Will of our father Declamation 36. Of Simon who put himselfe into prison to redeem his father thence being dead afterwards how he slew his wife being daughter vnto him that had made him his heire and paied his debt THe law saith that if anie man take his wife in adulterie hee may kill them both and not offend the law Wherevpon it chanced that a noble Senator named Milciades a man of honest reputation was through malice accused for some offence and condemned to a great fine of monie so as not hauing wherewith to pay the same hee was imprisoned and there dieth and because the law commanded that those which died in prison should not be buried els where but in the same prison vnlesse anie man paied his debts Simon the sonne of the deceassed Milciades yeelded himselfe a prisoner in his fathers place to the end that hee might bee buried with his ancestors Hee remaining in that sort a prisoner without anie means or hope euer to come foorth one named Callies a man verie rich but of bad reputation offered to pay his debt and to make him his heire if he would take his only daughter in marriage Simon consented thervnto he was deliuered and married with the daughter of Callias within a while after hee tooke her in adulterie he therefore causeth Callias to be called who intreateth for his daughter that could not denie her fault Simon slew her in the presence of Callias who afterwards acused him of ingratitude which amongst the Athenians was a punishable vice The accusation of Callias I Had made thee double bounden vnto me therefore is thy ingratitude the more manifest I did redeeme thee from prison where thou shouldest haue rotted and being poore I made thee both my sonne in law and mine heire I do affirme that thou hast induced thy thy wife to commit adulterie that therby thou mightst haue an occasion to kill her wherefore thou hast not kept her as thou oughtest and thou hast not onlie suffered her to fall from her former manners vnto vice but thou hast likewise furthered her therein and when occasion serued thou hast not failed to rid thy selfe from her to our great preiudice and dishonor and thou hast further showne thy crueltie in calling to the father to behold the slaughter of his daughter to the end that he might alwaies carrie this greefe that he had been both an eie witnesse of her miserie and that he was reiected or refused of his request by him whom he had succored and redeemed from extreame miserie before he was therevnto intreated and neuerthelesse being ashamed to bee sonne in law vnto the man that had so greatlie bounden thee vnto him hast caused the bodie soule and renoune of his daughter to be lost if then one alone ingratitude is punishable what punishment shall be worthie for thy infinit vnthankfulnesse ioined with an extreame crueltie Simons Answere THe shame of thy daughters adulterie was more ircksome vnto me then anie prison wherefore I haue likewise vsed that instrument which hath by the law beene giuen vnto me not for anie desire that I had to displease thee to rid me from thy kindred or to kill thy daughter but to reuenge her shamelesse immodestie to diminish my discredit If thou hast released me from prison to the end that I should be base minded thou hast lost thy monie because thou diddest not aduise me thereof before hand for I should surely haue told thee that as a noble heart could neuer be changed so also could it neuer endure a reproch alasse the difference betwixt my fathers disgrace and mine is that his ended in comming dead out of prison and mine but began in comming aliue forth of the same Milciades hath had the onlie honour in the Common-wealth to haue beene redeemed being dead by his sonne liuing who afterwards being redeemed aliue by another to his great misfortune was constrained to displease his redeemer because he required an vnlawfull matter I will neuer be vnthankfull when thou shalt request a good turne as honest as that which I haue receiued of thee but thou intreatest me to let the adulterers escape what could I do more if I had had my hands yet bound fast in prison where at the least the dishonour should neuer haue ben imputed vnto me Wouldst thou then thinke to keepe me so bound as I should be therby hindered from doing but my dutie Both of vs in doing a good turne haue receiued a farre greater I in taking my father foorth of prison dead and thou in fetching me forth aliue for the same hath beene vnto vs a great honour and it would not bee lawfull for vs to suffer adulters without the losse of that honor which we haue gotten moreouer it behoueth him that hath ben a true and a faithfull sonne vnto his father to haue the like children my father was trulie worthie to haue such a sonne as I was so also was I not vnworthie to haue the like which I could neuer haue had by thy daughter for whom thou hast bought me Thou saist I haue brought thee forth of prison I answere that I willinglie put my selfe therein and I will neuer beleeue that euer I got so great credit by being redeemed from thence by thee as I haue gained honour by entring therein for my father of mine owne accord I dare say that thou diddest neuer redeeme me thence for mine owne sake but onely to honour thee and thy daughter double vnworthy of so great honor which was the cause also that she could not long continue in the same wherein I desired not to imitate her likewise I can neither be reprooued condemned nor punished hauing done nothing against the law That is a good turne or a fauour which tendeth onlie to the profit of him that receiueth it but when he that doth it looketh also for some commoditie thereby the fauour loseth both his force and name euen so is thine so that I am in no sort beholding vnto thee and so consequentlie thou canst not twit me with ingratitude If Virginius slew his daughter because hee would not see her forced to bee vnchast what oughtest thou to do vnto thine who had neuer anie desire to be chast at all Declamation 37. Of him who is forsaken of his father for relieuing his ouncle who also doth afterwards forsake him for succouring his father TWo brethren are enemies the one hath a sonne the other hath no children neuerthe lesse by misfortune he becommeth poore his nephew taketh his fathers goods secretly and releiueth his ouncle therewith the father perceiueth it and forbiddeth him to doe so any more yet he ceassing not from releeuing him his father disheriteth him and driues him out of his house he goeth vnto his poore ouncle who adopteth him for his son and at the last chansing by succession to be
wealthie he maketh him his heire In the mean season the other brother falleth likewise into pouertie whervpon his sonne doth secretly sustaine him with his ouncles or his adopted fathers goods who likewise forbiddeth him and lastly driueth him away and disheriteth him for the same cause wherevnto the nephew opposeth him saying YOu cannot disherit me for the same reason which hath induced you to adopt me for if it were well done to sustaine you it is yet a better deed to succour my father Charitie is commendable towards all men wherefore then would you alone vsurpe it the more miserable that a man is the more requisite it is to be charitable vnto him how much more then vnto him that is inforced to hope and expect for releefe at his enemies house by the meanes of such a one whom he hath driuen from him You say that heretofore he forsooke me I answere that the example of another man his vice is no excuse but a great error do you not know that euerie prosperitie is vncertaine What is he that hauing seene Marius lying by the sea side vpon the reeds would euer haue beleeued that he had ben Consull of Rome or that euer he should so be again What doe you thinke that he which is most happie need not to stand in doubt and that he neuer may hope to be vnfortunate Your selfe serues for an example of the contrarie consider then that he which beggeth reliefe of you is your brother which hath craued of his brother receiueth it by the hands of his sonne which is he that taketh naught of yours but of the inheritance which you haue alreadie giuen vnto him it is your nephew or adopted sonne which giueth because he will not suffer his owne father to perish with hunger and by that means be adiudged vnworthie of your adoption I doe not ouerthrow you but I feed one onlie old man and I am vnto you in steed of manie seruants All the world should perish if wrath were not by mercie appeased I am the onelie sonne which is alwaies tossed betweene two fathers and still forsaken of the richest but I take God to witnesse that leauing you rich I will depart vnto the dores of another shewing vnto euery one him for whom you disherit me although I cannot be disherited for hauing done that whereunto the law both bound me and also constrained me what a matter were it if you should forbid me to weepe when I see a man in miserie Our affections are not in our owne power Manie lawes and customes vnwritten are farre more certaine then those which are of which the law of nature is most infallible The Answere ALl that which thou hast alleaged is rather a boasting then anie acquitall or excuse Touching my feare it is iust for I ought not to take such a one for mine heire which is vnthankful or rather mine enemie wherefore I doe forsake thee for although thou bearest no mallice vnto him that hath done me wrong yet doe I hate him that hath done thee iniurie so great was my affection towards thee thou wert no more his sonne being not onlie forsaken of him but also adopted by me it was of me that he should haue craued not of thee What art thou that wilt appoint a law vnto thine ouncle thy supposed father and thy benefactor we haue not remitted our controuersie vnto thy iudgement for we haue God the lawes and the Magistrates for iudges Declamation 38. Of the Elians who did cut off the hands of Phidias after he had made the Image of Iupiter Olimpus THe law amongst the Grecians was that whosoeuer committed any sacriledge should haue his hands cut off Whervpon it happened that the Elians required and intreated the Athenians to lend vnto them Phidias their grauer or caruer of Images a man most excellent in that art whom they did lend vnto the said Elians to make an image of Iupiter Olimpus vpon a condition that they should restore Phidias againe vnto them or one hundred talents which are threescore thousand crownes for him the image being made the Elians doe pay Phidias his wages and afterwards affirming that he hath stolen gold forth of the temple they cut off both his hands it may be through malice because he should neuer make anie image so faire againe and so they send him so maimed home againe vnto Athens saying that they are quit of their promise but the Athenians demand the hundred talents and say WE can no more bee serued by Phidias in anie sort for he was onlie able to manifest his worthinesse so long as one might see his workes when he went vnto you he had hands whereby hee made the Image of Iupiter it is you that haue committed sacriledge in cutting off his holie hands your god was the first that did behold the innocent blood of this workman wherefore he shall be a witnesse against you all alasse poore Phidias some men are releeued by their cunning and skill in their miseries but they haue beene the causers of thy miserie Doe you thinke that we doe account him to bee receiued being without hands whom you did require of vs because of his hands We hauing lent you such a one as could make gods you do restore vs such a one as is not able onlie to worship thē Are you not ashamed to offend Iupiter with such sacriledge It is the man indeed but the workman is lost you doe not restore Phidias at all but a continual griefe and a desire to haue him a greefe to haue him as hee is and a desire to haue him as he was his hands which were woont to make the gods cannot now bee held vp to intreat men Alacke Iupiter was so rare a peece of worke as the Elians were desirous it should be the last to the end that they might gaine that glorie to haue the last and chiefest worke that euer Phidias made wee lent you the hands we require the hands againe You make your selues accusers witnesses and iudges wherby your falshood is knowne for it is not like to be true that he who neither was couetous nor tooke pleasure in anie thing but in his art wherewith hee gained more then he would should be a theefe moreouer he which made the gods would haue disdained to steale that which was hallowed vnto them wherefore we do call those gods which Phidias hath made and those whome he might yet haue made against you vnlesse you satisfie the contract for we will confesse that we haue receiued Phidias if anie do sweare that we may be serued by him and you cannot denie but that you haue deceiued vs but assure you that we will be reuenged of you therefore The Answere VVE had gold iuorie and other holie things wherwith we determined that Phidias should haue made vs diuers other Images for the which cause we did well reward him for the first we did request him of you to the end that the gods might be serued by him and not
the treasure vnto the Temples and also to purchase freedome vnto all I did commaund him to strike me wherefore he should haue sinned more in disobeying me then in obeying the Tyrant therein so that he hath not offended me but spared me Moreouer the reuenge or punishment of a sonnes offence against the father lieth in the will and discretion of the father if anie other had stroken me and I had no desire to complaine no man could compell me therevnto or pursue him for me what doe you meane then by this Seeing that he which hath giuen the blow hath endured the greatest griefe and hurt thereby and that hee which receiued the same commanded the other to giue it him The Answere THe more you defend your sons cause the more you make him culpable for you shewing your selfe louing and pittifull vnto him doe likewise shew that hee ought rather to haue died a thousand times then to haue strooken so good and louing a father what doth hee then deserue that hath smitten such a one to please a Tyrant Whose seruant he afterwards became You say hee did it to profit the Common-wealth and wee doubt it for wee cannot begin to doe good by performing a mischiefe and he hath offended the Commonwealth more by his wicked example thē can well bee expressed for neuer was it found before that anie was so bold to strike his father If hee would not preuent his brother yet should he at the least haue followed him Who chused to die rather then to see his father stroken so should they both haue beene an example of pittie where now one of them loseth part of his glorie by being brother vnto a man so wicked for the one cannot bee mentioned without the other You say that you pardon the wrong which hee hath done you But the law pardoneth him not for transgressing it You say I would needs be stroken but wee say that his brother would not that you should It seemeth by your speech that euen as the Tyrant iudged him a fit man to commit a vilanous act so you likewise had the same opinion and seeing that you could not escape you fained that you were willing to bee stroken for feare of being slaine altogether Lastlie hee hath smitten his father knowing that it was against his brothers will and against the decree of the law so that hee being guiltie is likewise worthy of punishment Declamation 46. Of the bondman who hauing saued his Maister his sonne and goods together with his daughters honor pretendeth to marry her A Tyrant standing in doubt that his Citizens would attempt some conspiracie against him tooke the bondmen of all the cittie into his fauour giuing them freedome and inciting them to murther their maisters they fearing the effect thereof did suddainly flie forth of the cittie leauing their houses wiues and children in danger at the mercie of the Tyrant who to take away al means and hope from the Citizens and from the slaues all possibilitie euer to be reconciled vnto their masters suffered and commanded the said slaues to rauish their wiues daughters Shortly after the Tyrant died suddainly by mischance wherevpon the Citizens returned by force into the cittie and caused all the slaues to be executed or hanged except one who hauing fained that he had rauished his masters daughter did faithfully preserue and keepe her with all his goods and restored her a virgin vnto his Maister moreouer he did forewarne the Citizens of the dangers which would follow wherwith his Maister receiued such contentment that he gaue him his daughter in marriage But the said Citizen had a sonne who opposed himselfe therevnto accusing his father to bee void of vnderstanding and said thus OVr griefe would be the lesse if the Tyrant and not the father had made such marriages Can anie man say that he hath not lost his wits which seeketh rather to immitate the Tyrant his enemie then his bondman Who hath at the least shown more loue vnto him then he doth either to sonne or daughter seeing that he maketh himselfe like vnto the Tyrant If the bondman had lien with my sister I had caused him to be hanged as well as the rest and now you your selfe would haue him to lie with her you say that it is by marriage I denie that for marriage is meant betwixt those which are worthie one of another either in deed or opinion Then seeing none besides you who are mad of that opinion that a slaue may be worthie to be your sonne in law and my brother in law it can bee no marriage and were it otherwise I say that this mariage bringeth more shame then if she were rauished or abused by a Noble man for then at the least the child which should so bee borne should be more worthie and be better respected then the child of a bondman Who would euer haue thought that the Lord or Maister would haue suffered his slaue further then the Tyrant would his friend It may therefore verie well bee said that whosoeuer maketh such marriages is either a foole or a Tyrant of whom the one deserueth death and the other to lose al authoritie O what a faire sonne in law hath he chosen who hath nothing of anie worth in him but that he hath kept himselfe from being hanged with the rest of his fellowes Alasse my sister shall then being vnder the power of her father lose hir virginitie which was so carefully preserued when shee was vnder the power of the Tyrant and he shall be thought worthie of such a marriage which was not deemed worthie of the gibbet Farre more happie are those which were defloured for they neuerthelesse doe now take such other husbands as are worthy of them It is a goodly matter whē the father maketh such a match for his owne daughter as the Tyrant did for those of his enemies Ah vnfortunate sister who being vnder the tyrants power diddest desire thy father and vnder thy fathers power thou desirest the Tyrant who would yet defend thee from this iniurie Is this a small reward for a bondman to see all his fellowes on the gallows yet himselfe to bee free from the like you say that he hath not rauished his mistris say likewise that he hath not slaine his maister nor vsed poyson nor sorcerie doe you say that hee dooth a good act that keepeth himself from crime for fear of punishment Our miserie is as great now as the shame which the other maids and wiues haue suffered during the Tyrannie for this is done during our freedome the others shame was in the absence of their Parents but this is in the presence of hers the others shame was called deflouring but this here cannot be called constraint but a voluntary consent It was not vertue that kept him from doing as much as the others but the feare to be hanged with the others hee knew very well that God would not suffer so cruel a tyranny to indure and when the
Citizens returned the slaues should bee punished But why will you marrie your daughter to one so vild and base who hauing her in his power both esteemed and knew himselfe to bee vnworthy of her Wherein onely he deserueth some recompence which may bee done in giuing him freedome and meanes to liue but you must not giue him her for whose sake chiefly you would reward him The Answere I Doe now know very well that thou art ignorant how true nobilitie proceedeth from vertue or els you would not iudge this man to be ignoble who is truly vertuous seeing neither the greedy desire of welth was able to win him nor the prouoking of lust could entice him nor yet the feare of punishment and cruel death might once terrifie him to swarue from his dutie Who dooth not know if the tyrant should haue had but the least inckling of his fidelitie towards me that he alone should haue suffered the same death which hath been inflicted vpon all the rest Wherefore I cannot bestow too much vpon him who hath not spared his owne life for my honour alone but for the honour of all our linage from the which hee ought not to be excluded But where doe you find that marriage consisteth in the equalitie of persons doe you not know that M. Cato married a pore Plebeians daughter as also a number of other like examples might be rehearsed And if you stand vppon worthinesse you shall find that your sister deserueth to haue but an honest man and such a one you cannot denie him to be vnlesse you speake vntrulie Nature hath not made any bond or free but it is fortune that imposeth such names both on the one and the other wherefore Plato hath not said in vaine that Kings are born of bondmen and bondmen of Kings Finally if my daughter will not take him for her husband she will as well cause me to suspect that she is aggreeued or displeased with him in that he tooke not his pleasure with her so soone as hee might as I doe alreadie beleeue that you would haue her to die without children because you might be the sole heire of all my liuing Declamation 47. Of him that would not deliuer his brother that had accused him falsly to haue slaine his father IT was an ancient law that whosoeuer did beare false witnesse being conuinced thereof he should remaine his bondman against whom hee was a witnesse Wherevpon it chanced that a certaine man which had two sonnes carried one of them abroad into the countrie with him within a small time after the sonne came home againe alone the other sonne accused his brother that he had slaine his father and added such apparent likelihood vnto his sayings that the other being vpon the rack confessed the offence which he had not committed so that he is condemned to a cruell death but a certaine solemne feast drawing neere at hand some of his friends found the means to reprieue him vntill the said feast should be ended in the mean time the father returned home to his house safe and sound wherevpon he which was condemned accused his brother of false witnesse and hauing conuinced him thereof put him in prison but the father intreated his son to deliuer his brother the which the other refused to doc so that his father threatened to disherit him saying VVHat canst thou say saue only thy brother hath produced or born false witnesse against thee I say that he thought he had said the truth for the loue which he did beare vnto me and the fear that he had of my death did make him beside himselfe but if thou desirest to prooue him more faultie then I say be thou mercifull and euery one will say that hee did much amisse to offend so kind a brother Art thou abashed that thou foundest thy brother so cruell against thee seeing that hee beleeued or thought that thou haddest slaine thy father and his Why wilt not thou suffer me to haue two children wilt thou torment thy brother to procure my death thereby If it bee so hee hath not altogether accused thee wrongfullie Alasse one of my sonnes was in prison because I did not returne and the other is in prison because I am returned If thou dost not set him at libertie I wil liue no longer whereby it shall be knowne that thou wantedst not the will but the meanes or occasion to murther me and it will be said that thy brothers meaning was not so bad against thee as it was good towards me seeing that hee inwardly perceiued thine iniquitie and in forsaking me or returning without me thou thy selfe wert the cause that he accused thee Doest thou not perceiue that I am fastened euen amidst the selfe same chaines wherewith my son is fettered and that the same bond which bindeth his hands doth burthen my heart Churlish and vngratious as thou art wherefore doest thou keepe thy brother in prison and thy father in thraldome who by his returne hath saued thy life The which if otherwise he should haue done thou couldest next vnto God neuer hold of any other then of him The Answere WHerefore should I pardon him who not onelie sought my death but indeuoured to procure my perpetuall defamation It was to my great danger that I was imprisoned condemned deliuered wherefore no man but my selfe can rightlie iudge of my passion He falslie alleadged that I had slaine my father thereby to cause me to die forwith me I say who was euer a most kind brother vnto him who knoweth not that the greater the loue is the more vehement is the hate when it is once iustlie conceiued The hangman being more pittifull then hee was the first that brought me news of my fathers returne If I had euer ben wickedly minded I should not haue had so iust a cause to be angry Is it to be wondered at if I detaine him prisoner that sought to bring me to a shamefull end it may be to murther you afterwards secretlie It is not only a hate but a feare which I haue least he should complot some other Treason against me that hindereth me from deliuering him What is hee that did not verie plainly perceiue that the only prolonging of my punishment procured his paine although the daily expecting thereof did more displease me then the present suffering the same could haue daunted me seeing the hangman alwaies before me who was himselfe affrighted at those torments which were prepared for me If my father do loue me as well as he doth my brother I would know why he died not at his returne for sorrow seeing mee at the gibbet It is hee then for whose sake hee would disherit me that by one onely treason did thinke to murther both his father and his brother that he might as well be sole heire as also possesse the whole inheritance the sooner Declamation 48. Of a father that would renounce his son for marrying a maid that had freed him from her fathers prison
adulterer who am the only cause that your wiues need not stand in feare to be anie more rauished I did warily consider seeing the strong fortification of the castle what meanes there might bee to kill the Tyrant but hauing tried the souldiors the seruants and the maids I could find no fitter occasion then by the means of his wife who long before had been liberall inough of her honor vnto others furthermore it can bee no more tearmed adulterie to cuckold a Tyrant then it is reputed murther to kill a Tyrant but it is rather worthie of reward Moreouer it was verie dangerous to carrie a sword secretly into the castle but very easie to find one there for my purpose was that if I could meet with the Tyrant euerie thing should serue me for a sword likewise I was sure that hee neuer went without a sword and that when two striue for one sword it remaineth vnto him that is the strongest or worthiest Also I was not ignorant how God doth alwaies resist such wicked persons as hee was and doth fauour such lawfull enterprises as mine and you cannot say that I went not to seeke the Tyrant seeing I staied of purpose for him euen in his bed chamber whether I was sure that he vsed to come all alone Take not then that from me by your malice which is due vnto me by my vertue and manhood Declamation 51. Of the father that adopted for his heire the sonne of his forsaken sonne THere was a man which had two sonnes the one whereof he did vtterly denounce and forsake in that hee had married with a woman of lose life by her had a son and afterwards fell sicke Whervpon he sent to intreat his father to come at the least to visit him once before hee died who being come vnto him his forsaken sonne commended his little child vnto his care and then died suddainly Wherefore the grandfather was so greatly moued with compassion that he adopted the child for his owne and made him coheire with his other sonne who being therewithall displeased accused his father to bee void of his sences but he gainsaid him thus THis were a verie new manner of losing a mans wits seeing that by your saying I should bee verie wise if I did not know those which were mine owne Truly I did expect that some bodie should haue intreated or requested mee to haue reuoked this my poore forsaken sonne but no man durst be so bold seeing thou which wert his brother diddest neuer doe thine indeuor therein wherefore it is to bee supposed that all men knowing thy ambition to bee fole heire they feared to displease thee Alasse this poore mans life was onely prolonged but vntil he might speak with me and when hee had once heard me he opened his eies shut vp in a manner alreadie to see me retaining his fleeting soule but only whilest hee bad me farewell so that I may rightlie say hee left both life and child in my bosome To conclude I well perceiued by his end but alasse too late that he was truly my sonne but thy rigorous crueltie towards him and thy great ingratitude towards me maketh mec in doubt whether thou art his brother or no. The Answere THe father of this child is vnknowne and although he were yet doe your owne deeds sufficiently testifie that you are not well in your wits if you forsooke my brother without a cause but if he were worthie of your displeasure he did yet further deserue it in marrying with a lewd woman and if he by this mariage were the more vnworthie to be reuoked much more vnworthy then is this bastard and vnknowne child to be your heire so that I know not whether of the two iniuries you do vnto my brother is the greater either in taking away part of his brothers inheritance from him or in adopting him a false heire Being persuaded and importuned by this dishonest woman hee recommended vnto you his sonne which he did very wel know he neuer begat but what cannot such women persuade Or what will he refuse to doe for a whore that was not ashamed to giue himselfe vnto her How then can you be iudged wise in adopting another mans sonne to disherit your owne Declamation 52. Of the vnchast woman that was adiudged to be throwne headlong down more then one time A Woman that was attainted of whoredome and for the same condemned to be cast headlong downe from the top of an high tower being readie to bee throwne downe did pray vnto God that he would declare her innocency in preseruing her from death her praiers being ended she fell from the top downe to the ground without receiuing any hurt at all Neuerthelesse the Marshall would haue throwne her downe againe Wherevnto she replied in this sort VVHerefore wil you resist the wil of God which hath preserued me And were it not so yet is the iudgement accomplished I was though wrongfullie condemned to bee throwne headlong downe I haue so ben my iudgement and execution being accomplished what would you els doe Am I not acquited Seeing that it was not said that I should bee executed anie more then once Neither is any man euer executed two times especially because euery iudgement ought rather to be mittigated by clemencie then aggrauated by crueltie If you would punish me for the offence which you suppose I haue committed against God seeing he hath declared me to be innocent why would you offend him in punishing me It is the vsuall place from whence others are throwne downe wherefore it is verie likely that if I had ben guiltie I should no doubt haue died as well as they The Answere THou shewest thy selfe to be as shamelesse at thy punishment as thou wert when thou diddest commit the offence which thou wouldst now denie Knowest thou not that deniall after sentence is once past is nothing auaileable The meaning of which sentence must be interpreted which is that thou must die likewise it is either a chance that thou art not dead or els thou vsest some charmes or witchcraft for were it as thou saiest that God would haue thee saued for thine innocencie he would rather haue defended thee before thou haddest been condemned falsely then sheilded thee from death after thy fall but it is more likely that he would prolong thy paine because so short a death is too easie for so hainous a crime as thine is or els because thou hast committed other offences he would haue thee cast down more times then once for God is not so slacke to helpe the innocents He saued Susanna before she was stoned not suffering the stones to touch her bodie Finally if it be his diuine will that thou shouldest be vnpunished thou shalt haue as little hurt at the second or third throwing downe as thou haddest at the first Declamation 53. Of her who hauing killed a man being in the stewes claimed for her chastity and innocencie to be an Abbesse THe order of the religious
wall accused the son for murthering his father saying O How wicked this world of ours is seeing that it hath brought foorth so cursed a man that hath at one instant both murthered his father would haue don the like to his mother in law so that I beleeue the feare of missing did in some sort hinder or stay his murtherous hand from giuing so great a stroke as hee intended and she fained her selfe dead least his purpose should haue been effected or to saue her husbands life whom this traitor hath murthered least he should haue been a witnesse against him for the fact as also because he did most vnnaturallie hate him for the kind and honest loue the man did beare vnto his wife and therfore he sought the means to expell me from hence that hee might better accomplish his wicked enterprise for two are more easilie slaine then three and it may be that he did put on such like apparell as mine to abuse this poor infant and to corrupt his innocencie by false testimonie but what witnesse can be more manifest then the breaking of the wall the which is likewise pulled down for the desire he had to murther his mother in law The Answere IT is verie apparent that thou commest neither vnprouided of sophistical arguments long before premeditated nor that thou art anie whit abashed of this murther seeing that the horror there of doth nothing hinder thy tongue from babling O miserable man that I am hearing the noise I ranne thether thinking to haue seene the adulterers taken but alasse I found my father killed which doth astonish me in such sort as I will onely answere that I doe not onely rest vpō the childs demonstration but vpon his further affirmation although thou hast of long time kept him in awe so that in pointing to thee with his finger hee hath both declared thee to bee the murtherer and also that thou hast oftentimes forbidden him to accuse thee for the lasciuious kisses proffered in his presence there is not anie witnesse more sufficient then the pointing of this innocent child who is of sufficient age to be able to know and discerne although not subtile inough to deceiue faine or lie If thou saiest that one witnesse is not sufficient then wil I stand vnto the peoples censure and will not refuse that thou she and I may bee all three examined by torments for God the right and fortitude shall be for the innocent Declamation 57. Of him that would compell his sonne to marry with his sister in law that was by him accused of adultery A Man had two sonnes to the one whereof hee gaue a wife who being married made a certain very long voiage into a far countrie during his absence his brother tooke such an hatred against his sister in law that hee accused her of adultery but yet not before the Iudges wherevpon her husband being returned took a bondwoman that was his wiues seruant and caused her to bee tortured so extreamely to know the truth that shee died with the torment not confessing anie thing wherefore his father that loued his daughter in law did sharpely reprooue him that hee would so lightly conceiue an ill opinion of her He as well for greefe that he had wrongfully suspected his wiues honestie and vniustly killed her bondwoman as also to perceiue his brothers malice and to haue procured his fathers displeasure did dispaire and either hanged or killed himselfe wherfore the father willed that according to the Iewish law the other sonne should marrie his brothers widdow or if otherwise he refused hee would vtterly forsake him and renounce him for his heire against the which his sonne pleaded in this sort YOu would haue me to marrie with my brothers widdow whom I haue accused for an adultresse as in sooth she is who caused both my brother to kill himselfe for griefe and compelleth you to disherit me I beleeue that you tempt me to take her to trie whether I did accuse her wrongfully or no for you your selfe would neuer giue mee an adultresse to wife but you might thinke if I did take her that she is chast and I am false truly if you could make mee to marrie her that both hateth me mortallie and I know to bee a dishonest woman one might then assuredlie beleeue that nothing would bee euer impossible for you to effect But why would you compell me to make her my bedfellow that hath made mee brotherlesse Her I say that is the cause of her husbands death of the discord twixt you and me of the scandale to our linage and of the peoples murmuring I haue alreadie chosen a wife that loueth me that will follow me if I will that wil neuer forsake me either in aduersitie or prosperitie and finallie that will bee such a one vnto me as a wife ought to be vnto her husband which will be more worth vnto me then a most great inheritance whereas if on the contrary I should marrie this woman euery one might suppose that I loued my brother but little to wed her that was the cause of his losse The Answere THere is nothing more reasonable seeing thy brother was desirous by his death to acquite the wrong which he had don vnto his wise by giuing credit to thy false accusation then that thou by marrying her mightest also declare her innocencie for the shortest follies are best wherefore it were better for thee to confesse and blot out thy fault by doing well then in perseuering alwaies in thine obstinacie to shew thy selfe in a double fault for thou art the onely cause of all these chances and slanders which thou obiectest therefore in not making amends for thy fault I may lawfully disinherit thee for thy follie Declamation 58. Of the sorceresse which poysoned her son in law and accused her owne daughter to haue ben consenting therevnto THe law appointeth that euery woman which vseth poysoh being conuinced of the crime should be tortured vntill she accused such as were partakers or consenting vnto her wicked act Whervpon it happened that a man hauing but one sonne married a second wife of whom hee had one daughter who being of reasonable yeares the sonne died of poyson and the mother in law is not onely suspected for his death but accused and conuinced thereof wherefore she being laied vpon the racke to make her confesse such as were consenting to her fact she accused her owne daughter so that shee was adiudged to bee burned with her mother but the poor father gainsaid it thus AH miserable child seeing thy mother hateth thee as much as thy father loueth thee O mischeeuous woman that euen vnto thine owne daughter thou art worse then a stepdame art thou not sufficiently glutted with thy passed murthers but thou must further gorge thee with thy daughters massacre But who knoweth not that such kind of people desire not to die without slaughter Wherefore amongst the fencers or souldiors that combat is most cruell which is fought
against a desperate man that is sure to die no doubt but they that may not liue will procure any murther if they can for the death of others maketh them the lesse to bewaile the life which they are readie to lose and where despaire is there doth rage abound because the horror of death filleth their courage with furie they resemble certaine beasts that bite those weapons wherewith they are wounded being thrust through they make their wound the greater that they might approch neere him that hath gored them But how should she feare to belie one that taketh a pleasure to poyson anie Why will not she effect my daughters death that without anie cause wrought my sonnes decay But what sonne Truly euen he that might haue been beloued of euerie stepdame that had been lesse wicked then she that cannot so much as loue her owne husband But to do him a dispight she hateth her owne daughter to death and remembring that she was a mother in law forgetteth that euer she was a mother indeed let then the truth of the innocēt father be of more estimatiō thē the leasings of the guiltie mother seeing that in the extremitie of death or torments the wicked doe neuer speake truth For proofe whereof a bondman that Cato had being conuinced of theft and tortured therefore affirmed that Cato was accessarie to the theft who was then better to be beleeued the bondman and the torture or Cato In like sort you are more to credit the innocencie of the daughter then the malice of the mother The Answere THere are some beasts so raging mad that their yong ones are no sooner brought forth but they become as fierce as their dames wherefore it is best to strangle them while they are yoong likewise the venomous hearb taketh his poyson from the root how much more then may this girle be wicked being born of a mother so execrable and so much the rather because the daughters doe alwaies resemble the mother more then the father how greatly then hath her wicked nature ben furthered by lewd counsell with hope and ambition to be her selfe the sole heire Which was the principall occasions that this stepmother poysoned your sonne and that the daughter consented therevnto wherefore it were no reason that shee should escape punishment Declamation 59. Of the Praetor that caused the head of a malefactor to be cut off at the request of a whore FLaminius the Romane Praetor gouerning in France sitting at the table with a comman woman whom he deerely loued shee said vnto him that she had of long time desired to see some man executed by iustice but shee was ashamed to goe vnto the common place of execution Wherevpon he forthwith commanded a condemned prisoner to bee brought and in the hall where he supped hee caused him to bee beheaded in his presence the which deed was reported at Rome wherefore a long time after Cato accused him of Treason against the Common-wealth saying THe enterludes comedies flatteries whoredomes and other trickes farre vnworthie a Romane Praetor might verie well haue sufficed without further adding therevnto a spectacle so cruel for the recompence of a banquet so lasciuious It may be one only kisse of a minion bought all the whole blood life of a man so that he might be iustlie termed a worse hangman which sat at the table to behold the same with pleasure then was he which smit of the head perchance not without pittie I doe not seeke to rip vp all the faults of so many yeares past to accuse him but that one onely night his act It is more likely that he which bestoweth much vpon a woman would denie her the slaughter of a man thē it is possible for him which granteth her the slaughter of a man to denie her any thing if thou wouldest whip a slaue wouldest thou not carrie him forth of the banqueting hall But who would euer haue beleeued that a whoore should haue desired to behold the hangmans sword vpon the cupbord and the table to be stained with humane blood but yet who would haue thought that euer any Romane Praetor could haue granted such a matter Oh what an abhominable act is this But what shall I say seeing the Romane Empire hath ben in such sort blemished and the law rather polluted then the offender thereof punished Forsake your graues O you Bruti Horatij Fabritij and all the rest of you who were the ornament of this Empire alasse behold how your rods axes and other signes of office haue ben abandoned vnto dishonest damsels onely to please them and to make them sport euery offence that is committed by a Magistrate vnder coulor of his authoritie is more punishable then anie other fault for the Magistrate is a spectacle for all other men because all men doe marke and cast their eies vpon his acts and this man whilest the beholders the hangman and the poore prisoner stoood all looking vpon him suffered both his owne eies and vnderstanding to bee rauished by the lookes of an harlot O earth couer this abhomination to the end that it may be no more remembred The Answere IF hipocrisie or secret ambition did not more prouoke thee then doth the zeale of the Commonwealth I suppose thou wouldest haue ben as slacke in accusing me as thou knowest the same hath in no sort ben wronged by me because the Commonwealth can no more bee disgraced by one mans folly then it may be dignified by one alone mans forwardnes but as nothing is well said which is not rightly vnderstood so is nothing well done that is wrongfullie interpreted otherwise I should be vntouched of crime and you not vntaxed of slander For the Commonwealth is able inough to reprooue that which is not done according to reason and equitie but also to reprehend whatsoeuer is vnprofitable for it Haue not the Senat and people refused to hold those agreements which were made by their Emperors or Generals and sent them bound vnto the enemies If they haue not allowed the faults of two Emperors together wherefore should the fault of one onlie Praetor be laid vnto their charge If to execute a man by iustice may be termed a fault But what need you to inquire where or when such a one did die that was worthie to die You say that I haue slaine one It is true but whome haue I slaine saue only a condemned man You aske when and where I answer that it was in the night and in the common hall And I doe aske you if anie time or place is limited wherein or where a malefactor ought to suffer and although there were yet who knoweth not that in the presence or companie of a lose woman there is alwaies little good performed and that the common hall or the prison is no other then a place of horror and miserie for offenders But it hath beene an ancient custome at Rome that against such as they cannot charge with any great crime they
mittigated your choler and restored your vnderstanding whereof now I may well say you are depriued or at the least that the same is mightily deminished The Answere THou saiest that the maidēs father was more wronged then was I I graunt it yet canst thou not likewise deny but that I haue greater cause of offence thē he for thy force did take away the maidens shame but I shall bee euer dishonoured to haue begotten a son so dissolute that hath displeased his father wronged a Cittizen defloured a virgin defamed his stocke and giuen cause of offence vnto the Commonwealth It is thou that wantedst thy wits seeing thou couldest not know that at one instant thou shouldest not haue committed so many mischiefes together and most mad thou wert if in knowing the same thou couldest not shun the same but heaping one offence vpon another thou wouldest slander me to haue lost my wits whereby it appeareth that as vertues so are vices linked together Thou accusest me before I haue condemned thee the tearme is not yet expired I do very well know that thy life and death are yet in my choice Haue I then lost mine vnderstanding wherfore doest thou tremble why doth thy tongue faulter For what cause are thine eies troubled The thirtieth day is not yet come but wherefore wouldest thou that anie man should pittie thee seeing thou wert pittilesse vnto the damsell who when thou diddest rauish her shewed no lesse sorrow then thou doest now Wherefore couldest not thou consider what vice is at the first as well as at the last which is alwaies a present pleasure but a parting paine leauing alwaies either some scourge or at the least a moste sound sorrow accompained with a horrible fear but although I should leaue thee thy life dost thou thinke to remain vnpunished will not thin own consience torment thee far worse then any hangman would Nay why should I graunt that vnto mine enemie which I haue denied vnto my sonne For seeing thou accusest me thou canst not be rightly tearmed my friend much lesse my sonne Is it to be wondered at if I rest doubtfull seeing that the law it selfe hath neither determined thy death nor concluded thy marriage Thou hast alwaies behaued thy selfe as if thou haddest ben allowed to doe anie sinne thou hast not yet intreated me as thou oughtest but hast rather requested the other his friendship then my fauour and hauing first appeased his furie thou afterwards thoughtest assuredly to constrain me to winck at thy fault Would a foole consider thus much Tel me then wherin I am a foole Haue I liued badly or committed such follie as thou hast Haue I forgotten the lawes Haue I not counted thy daies Can I not prooue wherefore thou art vnworthie of my fauor demanding it after such a fashion I haue consulted with our kinred I haue deuised with our friends alasse what paines haue I taken to perform a fathers dutie Ah me most miserable seeing that my anger is so iust that I cannot yet forget it I do not wonder although thou hast appeased the maidens father for it is easier to pardon an iniurie then a crime yea when he came to entreat for thee his kindnesse did the more harden my heart against thee for me thought that a man so honest ought in no sort to be harmed thou tellest me that the time is short how then couldest thou find so much leasure as to accuse me Doe men appease their misdeeds after such a manner Is that the way to obtaine fauour Doest thou now thinke it fit to entreat But tell me wherefore am I besides my wits Is it because I haue not pardoned thee The time is not yet past I may yet pardon thee although thou art vnworthie seeing thou accusest mee before I haue hurt thee Declamation 64. Of the husband that did put away his wife who being tortured did yet saue his life in not confessing that he pretended to murther the Tyrant A Tyrant being suspitious that a Cittizen pretended his death caused him to be apprehended and committed him to prison and there tortured him to cause him to confesse his conspiracie and who were his confederats but the Cittizen would not confesse any thing whereupon the Tyrant did also cause the Citizens wife to be tortured who in like sort would confesse nothing wherefore they were deliuered and set at libertie Within a short time after the said Cittizen killed the Tyrant and being greatly rewarded and honoured by the Commonwealth for the deed he put away his wife as one that was barren because she had ben fiue yeares with him and neuer conceiued anie child For which cause shee accused him of ingratiude saying THat which the Tyrant was vnwilling to doe hee that killed the Tyrant would doe to shew himself more vniust then was hee hee would frustrate our marriage which at his owne request and intreat was solemnized and to manifest his ingratitude the more hee would needs stay vntill he stood indebted vnto mee for his life if he ment to forsake me he should haue put me away before I had ben tortured for his loue the which torture is cause of my barrennesse O miserable woman that I am seeing that my kindnesse hath procured mee care and my good deeds turneth vnto my decay Is it not verie well knowne that the constancie of my courage and the silence of my tongue haue ben the onely ouerthrow of the Tyrant I then being the cause that the Tyrant can no more break the marriages of others why should mine be suffered to be broken But who is ignorant that during the Tyrants life the barren were esteemed most happie because they could not see their children rauished at the Tyrants pleasure True it is that I haue borne no children for the Commonwealth but I dare affirm that I am the cause that manie are and shall be borne and that henceforth there shall bee no more taken from it The Tyrant suspected my husband his intention because either hee had disclosed something or els his countenance or behauiour discouered his pretence but yet in anie sort hee cannot complaine of his wiues tatling no not when she was in her extreamest torments I had alwaies more respect vnto my husband that was absent then vnto the Tyrant who was present being more carefull of his health then fearefull of mine own hurt But who can expresse all the preparation that was made for instruments of crueltie able inough to daunt the courages of many men to terrifie the constancie of a feminine heart the whips tearing my flesh the fire the yron shoes the whot egs vnder mine armholes the buskins the trestles the pullies the cords the napkin water oile and the hangmen yet all these together could neuer draw one onely word from me to the preiudice of my husband but prouing by liuely reasons the contrarie of all that was of me demanded I was the cause of his deliuerance wherefore doth he vaunt that he hath slaine the Tyrant
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
and neighbours it is too manifest that charitie is so exceeding cold that if one doe but twise desire a fauour or pleasure at anie mans hands he is straight said to be importunate moreouer it is to be considered that to take those out of the world who haue ben the cause of some great mischance is not the next way to redresse the mischiefe but rather to encrease it Concerning the naturall malice of little children being conceiued in sinne and that they retaine or imitate the bad rather then the good aske nature wherefore they are so But you shall find that he which accuseth nature condemneth himselfe for we are all subiect to her lawes If euerie thing should be taken at the worst and according to your saieng the most part of men should deserue death and you might be one of the same number Where do you find that he or she is vnworthie to liue which hath not either a faithfull friend or a louing neighbour Seeing such happinesse is so rare as all those which haue written vnto this present time doe not make mention of six paire of faithfull friends Amongst whom are Theseus and Perithous Achilles and Patrocles Laelius and Scipio Orestes and Pilades he must be a good friend with whoÌ„ one would trust his child and more then a good one if he will ordinatily haue the care and trouble to look vnto it How would you then find amongst poor women that which so sildome is found amongst so many famous men It is verie likelie that this woman did not kill her daughter as being cruelly addicted to murther but rather as being ouercome with a iust cause of anger The comparison which you make in likening her vnto a brute beast is very odious seeing that she would not onelie haue defended her children against all those that would hurt them but also that the compassion â—â—ich she had to see one of them dead induced her to strike the other In all ages there haue ben seene manie shrewd turnes and mischances therefore the fault happened in this our age may be repaired if the Iudges wil be pleased to bee as mercifull as you would haue them mercilesse for by that meanes the offence of a woman shall be the cause that in after ages the mildnesse of our Iudges shall be remembred Declamation 79. Of a Turke who bought a child with a red head to make poyson of him A Poore woman hauing but one sonne which was of a red coloured haire which the Frenchmen doe in a mockerie call the dissembling haire put her said son to serue a merchant who within a while carried the child with him into Turkey who whilest he there remained there came a Turkish Phisition oftentimes vnto the said merchant to enquire whether he would sell the red boy But the merchant alwaies answered him that he would not vntil that on a time the boy said vnto him secretly Maister sell me well and giue the money vnto my mother to releeue her pouertie and I will find the meanes to run away and to escape from him well enough so that I will returne vnto you or to my mother the merchant agreed therevnto and sold the boy for a certaine summe of Ducats hoping to see the boy againe but within a while after hee was very much abashed when he could see him no more Wherfore he demanded of the Turke where the boy was and intreated him so earnestly that he might see him again that the Turk hauing brought him into his house shewed him onely the boies head and all the rest of his quarters boiling in a cauldron wherewith the merchant was greatly amased but dissembling his sorrow as much as he could asked the Turke what he would doe with that child boiled the Turke answered him that it was to make poyson and that he hoped to gaine more then ten thousand ducats by him the poore merchant being very sorrowfull brought the money home with him and gaue it vnto the boies mother telling her not without teares the whole truth of the matter the mother refused the money and required iustice of him that had sold her sonne accusing him to be the cause of his death and these were her reasons WHo is more miserable then I Seeing by the fault of him with whom I would haue trusted mine owne life my sonne being his seruant was euen in one month sold as a slaue then most cruellie slaine and why was he slaine Alasse to be not onelie the instrument and cause of the death of manie others but it may be to serue for the ruin and destruction of all Christendome since there needeth but a little poyson to murther those that defend the same I did lend thee my sonne to doe thee all good and honest seruice vpon thy promise that thou wouldst vse him as thine owne I doe aske thee whether thou wouldest euer haue sold thine owne sonne vpon anie condition whatsoeuer Wouldest thou not haue sent him to trauell abroad to see the world and to learn vertuous qualities that he might bee a stay vnto thy age and a profitable member in the CoÌ„monwelth I hoped to haue had the like of my sonne and the losse ought not to be esteemed anie thing the lesse because he was sonne vnto a poore woman for they when they once giue their minds vnto learning or anie other good qualitie doe become more vertuous as for example Agâ—thocles King of Scicilia was not he the son of a potter Viriat king of Portugal Otto and Tamberlane Emperors of the East were all three shepheards Arsaces king of the Parthians would neuer bewray who were his Parents Ptolomey the first of that name being king of Aegypt the son of an Esquire Eumenes one of the successors of Alexander was the sonne of a wagonmaker Dioclesian Emperor of Rome was the sonne of a Notarie Pertinax likewise an Emperor of Rome his grandfather was a bondman Valentinian the sonne of a ropemaker Proba the soune of a gardener Aemilius knew not from whence he came Maximinus was the son of a Muletter with an infinit number of others of farre baser parentage then was my sonne that haue ben the honor of all their countrie Alas must the loue which I did beare vnto my child be measured by thy couetousnes Doest thou not know that a Turke neuer buieth a Christian for anie good that he wisheth vnto him And if he did oughtest thou to allow him to deceiue his maister and to run away from him Thou shouldest haue chastened him for inuenting such a villanie for I did not giue him vnto thee to the end that thou shouldest consent vnto his wicked counsell but that he should be wel counselled and instructed by thee but I doe very well perceiue that it is not said in vaine that couetousnesse is the root of all mischiefe Cursed be the gold I will haue none of it for I know wel that they which wil liue according to the rule of nature haue no need
we either giue anie credit therevnto or effect the same least in thinking to obey them we doe disobey them What proofe haue you that Diana requireth the death of my daughter saue onlie the word of an old man who either doteth or it may be would haue this honour that at his bare word the warlike and inuincible Grecians ouercome with superstition haue sacrificed the noblest and worthiest maid of all Greece And neuer alleage that the gods desire the best things for sacrifice for that is meant onlie by brute beasts but as for humane creatures they doe preserue them witnesse the old age of Nestor and others Neither did there euer anie great good proceed of too much superstition which dooth much differ from true religion because the one alwaies tendeth vnto that which is good and the other vnto that which is bad If Diana require her death shee may find her well inough where she is without dishonoring me by the deliuerie of her Which in sooth were a trecherous part What certaintie or assurance will Chalcas giue that the seas shall bee calme by the death of my daughter Durst he gage his head that so it shall be and although he would so doe is those few years which an old man may liue to bee compared vnto the youth of a Princesse who by her progenie will be able to illustrate all the world To kill our owne children is not the way to combate Priam and the rest of the Barbarians I wil not faile in anie sort from the dutie of a good Generall no not in spending mine owne life but my daughters that will I not giue no more then you your selfe would doe if one should likewise demaund your Hermione as well as my Iphiginia I will not in anie sort accuse either Vlisses or Achilles but I doe excuse my daughter who is no way culpable of the forced or voluntarie adulterie of her aunt The same reason which commandeth mee to be couragious doth also forbid me to be cruell but what crueltie can be more vild then to kill an innocent virgin And how much more execrable is it for a man to kill his owne daughter I did at the first promise her as well to auoid publicke sedition in our armie as also to haue leisure thereby to laue my daughter for I hoped that you your selfe and they altogether deliberatlie considering the crueltie of the fact would at the last confesse with me the same to be altogether tyrannicall and vnlawfull for the gods doe neuer fauour such vniust acts To conclude so long as the breath remaineth in my bodie I will neuer consent vnto the death of my daughter for it is sufficient inough that we do leaue our houses forsake our wiues abandon our children and freelie vndertake this iournie no lesse painfull then perrillous to our persons without suffering our daughters to be sacrificed or offered vp to recouer that which you haue negligentlie lost and know no other reason why And I cannot beleeue that anie amongst so manie worthie mē should be desirous or would willinglie behold such a detestable deed but onlie you who thinke to encrease your owne house by the ouerthrow of mine Declamation 86. Of him that hauing taken vp and fostered two yong vnknowne orphants did maime them because he might the better beg with them THe law forbiddeth that no man should either hurt or hinder the Commonwealth in any sort Wherevpon it happened that a man found two infants who through their parents pouertie were laid abroad and left vnto the mercie of the world Wherefore he tooke them and fostering them vp in his owne house he did wryth and breake the ioints of their armes and legs in such sort as hee quite maimed and lamed them to the end that by begging with them he might gaine the money Which being knowne he was taken and accused to bee offensiue and hurtfull vnto the Commonwealth And his accuser said in this sort ALasse how miserable are these infants who haue found one that hath beene much more cruell then he or she that cast them forth Seeing that with the price of their members they are forced to paie for their bringing vp or to say more trulie to satisfie the greedie couetousnes of him that faineth to be their fosterer for if hee had not done it for couetousnesse the verie name of orphants might haue suffised to haue obtained a reliefe both for them and their fosterfather If those that through anger or malice doe wound or kill a man are punished What punishment is not this mischeeuous wretch worthie of who hath done far worse in making these poore infants for euer miserable Wherein hee hath shewed himselfe much more vnnaturall then the brute beasts if it bee true as Histories report that in such a necessitie Cirus Whilom King of Persia was nourished by a Bitch and Remus and Romulus first founders and Kings of Rome by a shee wolfe O neuer hard of crueltie when the lame and impotent are constrained to get his liuing that is whole and sound who hath not onelie made them vnprofitable but odious and burthenous vnto the Common-wealth For they serue to no other end then to increase the famine therein and also in the day of battaile to discourage the hearts of most valiant by their lamentable cries and complaints in like sort it may so happen that some womā with child may dreame of thē in such sort as with the verie fright thereof she may bring forth the like cripples All that which this lewd fellow can alleage is that if he had not beene these infants had died with hunger It may bee no For how manie others might haue found them that both would haue cherished and brought them vp for the profite of the Commonwealth How manie such as they haue become famous warriors yea and Kings Whereof Cirus and the two foresaid Romans are sufficient examples but this vngracious man hath cut off the tongues of some to the end that without speaking they might be more importunate in crauing seeing then O Iudges that you are pittifull towards cuerie one particularlie extend your mercie towards these twaine here together he is aboue all other most cruell who vnder the coulor of mercie doth most mischiefe these poore children are carried about to feasts and publicke assemblies to beg their almes where beholding the soundnesse and nimblenesse of others their sorrow is the more in seeing themselues maimed other orphants or castawaies that are sound are not altogether hopelesse to find their Parents againe or to be knowne by them but these wretches can neuer be knowne because they were not such when they were left of them Finallie it may be alleaged that it was the greatest mischiefe that could happen vnto these twaine to be found and brought vp by this bad man who is the cause of their perpetuall miserie The beggers Answere HE cannot be tearmed cruell who hath ben more pittifull vnto these infants then their owne father or mother
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
needfull to leuie and conduct them which is alwaies a great charge both vnto the countrie and the people but what care haue the Italians thereof being borne farre from Spain and naturall enemies to our nation because they are more valiant then anie other for which cause as I haue said alreadie the Italians call them prowd as if a great fire could be without some smoak And consequently it may appeare that although some Italians doe serue Caesar yet are they neuerthelesse mortall enemies to the Spaniards for they being indeed as prowd as they are cruell cannot abide this worthie and valiant nation for proofe whereof what crueltie ioined with pride was there euer more great then this of Don Ferrand who hath not at the least spared those who would haue bestowed their liues for the safetie defence of his But he hath likewise caused the innocent to perish together with the offender he doth plainlie shew that he according to the example of Nero would desire that al Spain had but one head that he might cut it off at one blow therefore must wee for an example preuent by punishment such minds no lesse dangerous then diuelish to the end that other strangers being captains in the wars may hereafter consider that oftentimes such a number of men may either keepe or win a Prouince but the dead can fight no more and manie times for want of men there may sundrie good occasions bee lost to the preiudice of Caesars greatnesse and to the hinderance of all Christendome I passe ouer the causes that captaines doe most commonlie giue vnto their souldiours to mutenie one whiles because they are not paied as well as they and otherwhiles when they detaine the best part of their contributions and other booties that ought to bee giuen vnto them remembring not that the souldiours doe with the price of their blood oftentimes buy those victories whereof the Generals reape the honour and profite neither will acknowledge how by their malice ambition and auarice the victory is oftentimes foreslowed or vtterly lost most commonly to the detriment of the profit honor and life of the poore souldiors and therefore to conclude I say that they are right captaines who doe attaine therevnto by degrees and by their valor and those will beware how they commit anie such cruelties like vnto this which Don Ferrand hath committed for the which we require that iustice may be executed The Answere THose places which are of dignitie and authoritie ought not to be bestowed but vpon such as are knowne to be of discretion sufficient to deserue them As for me I dare aduouch that this is not the first time that I haue commanded in Caesars seruice and that only by his own commandement who hath many times praised alwaies allowed whatsoeuer I haue done so that to iudge me indiscreet were as much to taxe his Maiestie as me and he that would tax the actions of the Emperor should proue himselfe a verie Idiot for his manifold victories and other noble acts being indeed worthie of his Maiestie will bee a witnesse against these no lesse seuere then ignorant Censors And as it is verie euident that the iudgement of Caesar dooth neuer deceiue his Maiestie so is it also verie certaine that his Maiestie would neuer haue emploied me so manie times if he had not esteemed mee discreet And thus much further I dare affirme that if those which are so desirous to be my Iudges were chosen or placed in their authoritie by the doome of Caesar I should thinke my selfe happie to bee iudged by them although I am not bounden to render vnto them anie account of my military actions and especiallie because the deed which I haue done was allowed by Caesar who onlie might haue punished me if the fact had been vniust but his Maiestie doth verie well know that sometimes it is lawfull to doe a little harme to shun thereby a greater hurt and I will further say that if long before this time such souldiors as did mutenie had been punished very seuerely I should not now haue ben inforced to execute this punishment more notable then any that heretofore hath beene performed And although I am not bound to iustifie my selfe for that deed before the Counsell of Spaine yet will I not let to shew that I am not so faultie as they doe thinke me to be for if I were Caesar is so iust as I should not be free from punishmēt for first of all the lords of the Counsell ought to consider what they be that accuse me whether they be not some of the parties and their parents or friends who doe as well shew their ignorance as their impudencie when they affirme that they were as good seruitors to Caesar as I and that the Generall could not bee without souldiours as if they themselues being amutined were not compelled to make a Generall amongst them I know verie well that a number would willingly command yet there are but a few which know how to doe it neither can anie perrorme that place but such as haue first learned how to obey Whereof I may vaunt if Caesar should haue appointed the meanest of those whom I haue punished to be my General I would haue had such respect ben so dutifull vnto him as I ought beleeuing that Caesar would neuer haue authorised him without desert neither was I euer so presumptuous as to trust more vnto my birth thē vnto true vertue knowing well that Caesar fauoureth none but the vertuous Likewise I learned both how to obey and also what was militarie discipline before that euer I commanded and neuer doubt that the noble are more-seuere in commanding then are the comminaltie for none is more prowd then hee which of a base groome becommeth a gentleman God grant the Counsell be not full of such men and that they bee not such as are more vicious then curious of the reputation of their houses I will not argue whether Hanniball or Pompey did well but I may truly say that Marius as one ignoble made the way for Pompey and Caesar to ouerthrow as you say the Romane Commonwealth for hee and Silla were examples vnto the two aboue rehearsed It is well knowne that Marius and Silla did by little and little attaine vnto places of dignitie being but meanly borne yet ceassed they not to be exceeding prowd hurtfull odious vnto their countrie And a little before them Terentius Varo who being the sonne of a butcher did by degrees attaine vnto the place of Consull had not he I pray you ben likely by his rashnesse to haue caused the ouerthrow of Rome if Hanniball after the discomfiture at Cannas had pursued the victorie Neither was it Hanniball that caused the ruine of Carthage but rather the Senators being no lesse seuere then ambitious and cruell who did crucifie their Generals if the wars prospered not according to their minds which was the cause that after the battaile against Scipio was lost Hannibal
or her that hath bought her And yet neuerthelesse we should not let to be the spectacle and by-word of the people For the desire of a vild slaue our innocencie shall be alwaies suspected and that chiefly amongst the common people who doe sooner conceiue an euill then a good opinion then being once imprinted in their braines sildome or neuer is the same banished But who would euer haue beleeued that the Senat could haue beene so vnaduised as to admit the like accusations or to cause two Noble Matrones to appeare in iudgement at the only instance of a person vnworthie to liue Surely any man of good iudgement will be amased therat but the vnwise will euermore haue an ill opinion of vs wherefore our honour saued we were better die then liue for what may be cōmendable in a woman except her good reputation which surely is more worth vnto her then any other riches or felicities Behold vnto what extremitie we are brought as wel by this wicked woman as by the indiscretion of the Senat Who doe not consider that although poyson be distilled yet can it not bee any crime No more then it is a fault to forge a sword to make a bow and arrows or to spin a halter all which may more easily be the instruments of death then poyson But shew mee what law forbiddeth the making or distilling of poyson What skilleth it then if we haue made deadly waters to vse them our selues vpon a necessity for the preseruing of our chastetie if the cittie should chance to be surdrised by enemies or by falling into any other accident Shal we be therefore accounted malefactors How many waters and other compounds doe we make that are hurtfull to drink as well to preserue and increase our beautie as also for other matters no lesse secret then necessary The which we would not reueale for any thing For euery modest woman had rather die then reueale the infirmity of their sex And yet neuerthelesse it seemeth that we should be constrained publikely to reueale that which nature her selfe hath concealed to the end it should he kept secret O miserable world wherein we are borne seeing that so little respect is had of vs and that the Senat is so fond not onlie to giue eare vnto the enemies of the Roman Commonwealth but also to giue credit vnto their slanderous reports but what if any slaue had accused Brutus to haue beene consenting to the practise of the conspirators Should it haue ben beleeued because his sonnes were of that faction Should not the accuser haue ben executed on the crosse And yet neuerthelesse it is agreed that this wicked slaue must commaund vs yea and the Senat alloweth her commandement But what will not these carians presume to inuent against their mistresses And therefore O you Senators you shall at one time or another abide the penalty for the ouergreat credit which you haue giuen vnto their leasings for it is most reasonable that those which fauour the wicked should perish by their hands Are you yet ignorant that so many slaues as there be so many enemies we haue in Rome and yet the Senat permitteth the wickeddest wretch of that generation to persecute the honour and life of the Romane Matrons being but of late most worthily fauoured and priuiledged for their vertue and prudence Lastly there is inough said of a thing so vniust as this vild wretch is who dooth of her owne accord condeme her selfe The Answere of the Senat. AS is the common custome of women so is your prattle tedious and to small purpose of the matter in question also it appeareth and is verified in you that the first aduise of a woman is alwaies best and that for a present excuse they exceed men but when they would proceed they speak against themselues and they quite forget what to say euen so your first excuse was best when you made a doubt that the slaues had corrupted your distillations but afterwards it seemeth in your going about to proue it lawful to make such waters you do affirme that you did make them if it be so we are not of the opinion that you should drinke them especially if you doe suspect them but if it be otherwise you should not do amisse by that meanes to prooue your innocencie and procure her end that hath ben your accuser whose life although as you say it be none of her owne yet would she lose it as vnwillingly as you would yours the which you are no more sure of then she is of hers seeing that we are all at the discretion of fortune wherfore it may be said that not only bondslaues sicke persons sailers and condemned men are in danger but also no man is certain to be free from death neither is it well said that we allow the commandement of a slaue but because she is likewise a woman we cannot hinder the readinesse of her tongue no more then of yours and for the allowing of her saying to be hurtful we may say that she hath preuented what we meant to speake but you complaine before you haue cause for on the contrary we do now demaund since you haue spoken so much whether you think this water be venomous or no If you think it is not drinke it If you think that your bondwomen haue poysoned the same it must be known where they had the poyson And consequently wherof you distilled this water Whereby it may bee prooued whether your drugs were able of themselues to turne into poyson or no Or what poison might corrupt them And afterwards we will know of the rest which made of the same whether their intention was like vnto yours For we know that there is a great number of you which do make the same which is a great likelihood that you are all of one league wherfore you two shall serue for a triall seeing that you will confesse no more of the matter for the comparison of the sword with poyson is odious because the one serueth to strike our foe the other is to slay our friend as well as our foe Therefore all the rest of your friuolous excuses shall not saue you But tell vs freely whether these waters which you haue made are venomous or no For this we assure you that either you must determine to drinke it or confesse the truth seeing that after the first excuse you would proue that it is lawfull to make it the which is meere false for all hurtfull and suspitious things are vnlawfull and criminall And although there were no law against the same yet ougt there one to be made and neuer thinke that here you shall be saued for your noblenesse and great calling for the more great they are which commit such hainous acts the greater punishment doe they deserue seeing they are the cause of greatest scandale and especially because they are not constrained therevnto through necessitie but rather prouoked by their owne malicious nature the truth then shall
appeare either by your owne confession or by the triall which your selues shall make in drinking of your water Here is to be noted that these two womeÌ„ did voluntarily drinke of their water and died rather then they would confesse the truth which the Senators knew alreadie for within a few daies after more then two hundred and seuenty women were condemned and there was neuer before that any accusation of impoysoning Declamation 94. Of an Earle of Flanders who by a wile did hang foure gentlemen for a robbery AN Earle of Flanders named Baldwin and surnamed Apquin was a very iust Prince and kept a great court Whervpon it happened that certaine Merchants being Iewellers came to visit him and they sold him certaine Iewels aterwards departing from thence they were pursued and robbed by foure Gentlemen in great fauor with the Earle who being accused by the said Merchants and they not being able to denie the deed the Earle was in such an exceeding rage as hee swore that hee would not sleepe before he saw them hanged by the necke but the goods being restored vnto the merchants many lords and ladies came to intreat for the gentlemen being prisoners vnto whome the Earle after long sute and much intreatie gaue some good hope Afterwards before he would goe to bed hee caused the prisoners to be brought into the hall and made foure towels to bee fastened to a beame vnder the which hee commanded a table to bee set then hee said vnto the prisoners You know the oath which I haue made wherefore I will fasten these towels about your necks then each of you list or draw vp your legs in such sort as I may say that I haue seene you hanged and afterwards setting your feet downe againe vpon the table you may vntie the towels and say that my oath is accomplished but another time bee better aduised The prisoners did the Earles commandement who seeing them well fastened to the towels threw the table to the ground and leauing them in that sort hanged he shut the hall dore where at the last they were strangled of themselues but their kinsfolke accused the Earle before his Soueraigne Lord the French King saying IF your Iustice and mercie most redoubted Soueraigne were not equall to your greatnesse in vaine should we haue recourse vnto your maiestie to haue right of your vassall our Earle who conuerteth Iustice into crueltie and especiallie against his gentlemen who for their vertue and valor are odious vnto him the which hate springeth of no other cause but onlie of a feare which he hath that they will not alwaies endure his cruelties For cruell men are naturallie cowards and consequentlie subiect to feare which proceedeth from the sting of their owne conscience that doth secretlie and continuallie accuse them now how sarre vnbeseeming cowardise and feare is for the nature of a French man the taking of Rome and winning of so manie Prouinces as well in Italie as in Greece Spaine and other countries doe witnesse and the rather because this warlike Nation could neuer be subdued by the Romans nor by anie others had it not ben for Ciuile discention amongst themselues So that it seemeth that the men of this Nation chieflie the gentlemen and chiefest of all he which ruseth being neither hardie nor couragious degeneâ—â—eth froÌ„ the worthinesse of that Nation and so consequentlie maketh himselfe vnworthie as being vild and abiect the which may be seene by our Earle if he may be so called that is an enemie of Nobilitie for what act can be more vild in a great lord then to vsurpe and take vpon him to execute the hangmans office and with his owne hands to hang the gentlemen of his train for a light fault which may rather be called a tricke of youth In Spain a man shall verie hardlie find one amongst the theeues in prison which would promise to be a hangman fiue years to saue his life Nay in euerie countrie there are none of that office but such as are murtherers or theeues How odious then ought that office to bee vnto a free man but more vnto a Nobleman and most of all vnto a Prince of a countrie who ought to be a spectacle vnto all men and a true patern of Nobilitie And so much the more odious is this fact because those that are common hangmen doe execute none but such as are condemned but these men were hanged before they were condemned If our Earle will not affirme that hee was both accuser Iudge and hangman altogether and that which was worst of all hee put them to death without confession not suffering them to haue onely so much leisure as to vnburden their consciences but euen vnder the coulor of sauing them he hath slain them Flaminius was accused of the Romane Censors because he being Praetor in Gaule caused a malefactor to be beheaded before him whilest he was at supper and our Earle thinketh that hee hath not done amisse to hang three Gentlemen betwixt his supper and his bed time a thing far differing from the clemencie required in a lord so great for euery lord that ruleth a country ought to take example by the Princes of the bees who either haue no sting at all or if they haue anie yet do they not vse it Finally if it please your Maiesty we are not alone wronged by this fact for your Maiestie hath lost foure seruants who if need had beene would not onlie haue imploied their wealth and their liues for your seruice but also might haue induced many others to doe the like for a valiant Gentleman draweth mens hearts after him The Commonwealth doth lose therby losing those who either for your Maiesties seruice or the countries safetie might haue ben conducters or leaders to the rest Moreouer by such liberal and noble persons diuers men doe gaine their liuing and others increase their wealth but alasse all this notwithstanding they are dead not by right but by the Earles rigor who was afraid least Iustice should haue ben done vnto them but who would not tremble in hearing it onelie repeated that an Earles hall hath serued for a prison his table for a ladder the beame for a gibbet and he for a hangman And yet the same is happened and hee himselfe dooth boast therof for such is the custome of those which resemble him that of vice they make vertue which is the greatest mischiefe that can happen in a Prouince and chiefly when the same commeth from the Prince Had it not ben most reasonable first to haue known whether the fault was committed and what was the cause with the rest of the circumstances therof And then to haue proceeded lawfully and rightlie against the offenders But it seemed that the Earle was afraid that hee should not haue found neither sergeant prison Iudge hangman ladder halters nor gallowes to execute these gentlemen for which cause he desired that all these foresaid mischiefes should bee found in his hall and in his person A man
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
of your refusall in doing whereof I take you at your word aud require the temporall sword to punish you for counterfaiting your sex for abusing the vow of religion for your vild whoredome for refusing to doe pennance and for your diuelish obstinacie Consider worthie Iudges how manie torments such a number of hainous crimes deserue Declamation 62. Of Don Ferrand who punished the mutined Spaniards and afterwards is therefore accused IN the time of the Emperour Charles the fifth the Spanish souldiors that were in Scicilia rose in a mutenie and committed a thousand mischiefes whereof the least deserued the halter wherevpon Don Ferrand of Gonsagne brother to the Duke of Mantua who had alwaies ben emploied by the Emperour in chiefest places of command appeased them paying them part of that which was due vnto them afterwards he caused them to be embarked to carie them as he said to Genoa they being all embarked he carried them vnto certaine desert Isles where he made them to goe ashoare faining that he would there take the muster of them and make an end of paying them but when they were all in order a good why in the Island hee found the meanes to cause those to retire vnto the Gallies whom he meant to saue and afterwards he set saile and departed leauing the rest of the souldiours there who for the most part died all with hunger for which fact Don Ferrand was accused vnto the counsell of Spain as followeth IF discretion might be giuen as well as dignities are granted we should not now need to demand his death who hath depriued the liues of a number that were seruitors to Caesar as well as he and no lesse seruiceable the which he would neuer haue done if he had considered that neither he nor anie other could haue that honor to be Generall of an armie if the souldiors did not freelie determine to serue their Prince and follow the warres especiallie if they would altogether with one mind refuse so to doe but hence commeth the mischiefe that those which haue not first learned to be controlled do neuer know rightly lie how to commaund Wherefore Hannon said well when Hasdruball commanded in Carthage and Hanniball was to be sent into Spaine being verie yoong It were better said he that this yonker tarried here in the cittie to learne how to obey lawes then to teach him so suddainlie to command in a forraine land Likewise we are to consider what was the end of Pompey who following the faction of Silla was sooner made a captaine then a souldior euen so those of our time which are noblie borne doe command before they are able to discerne peace from warres the friend from the foe good from bad and reputation from reproch wherevpon it chanceth that as Hanniball was the cause of the ouerthrow of Carthage and Pompey the decay of the Commonwealth of Rome so these captaines made in hast presuming ouermuch of their own courage might impaire the prosperitie of Caesar if his fortune together with his vertue were not inuincible But yet there is another mischiefe which is that Iralie which may bee tearmed the churchyard of Spanish souldiors bringeth foorth few men which are well affected to the Spanish nation who to say the truth being worthie men are also somewhat haultie minded the which the Italians doe attribute vnto their pride which is the chiefest cause why they doe for the most part hate them wee will not be inquisitiue whether heretofore Don Ferrand hath been the cause of the death of a number of other Spaniards but we may well say that he hath made those whom hee left in the desert Island to die the cruellest death that might be imagined without anie iudgement Counsell or consent of Caesar as if men were nursed and brought vp for nothing Surely it should seeme that he did not see what paines was taken in Spaine to assemble such a number of souldiors together what stir there was to embarke them how hardlie they crossed the seas and what time was spent in disciplining them for the warres all which things was not done without great charge and expence vnto the Emperour and the daunger of their owne persons and they were no sooner deliuered ouer to Don Ferrand thorowlie furnished and readie for the warres as if they had sprung forth of the earth in one night like vnto Mushromes but that he did presentlie thrust them not onlie into all the greatest dangers that might be when as manie times there was no great occasion but also because he would be reuenged for the faults of some few of them he hath done them all vnto the cruellest death that he could inuent But wee would demaund of him how it could be possible that they should be all culpable and whether they were all authors of sedition For that is not onelie hard but impossible had it not beene better then for him to haue punished the authors that therby the consenters might haue beene terrified or chastised and the good cherished and maintained Or if he would needs haue had them to die could hee not haue sent them forth vpon the foe Where reuenging their death they might at the least haue weakened his forces We read indeed how the Romans tithed their mutined souldiours and vsed other like punishments but it was neuer seen or heard that they put them all to death and especiallie in Spaine vnder the conduct of Scipio where there was not onelie a mutenie but also Vmbrius Atrius and Calemus Albius tooke vpon them the authoritie of Consuls by the agreement and at the instance of the souldiours yet were none punished but the authors of the deed and the rest were paied emploied and allowed for good souldiours not because the Romans had not as good meanes to send other souldiours from Rome into Spaine and better then wee haue now to send out of Spaine into Italie but this was the reason the Generall was a Romane and he not hating the nation was onlie contented to punish a few of the offenders by the seueritie of that exemplarie punishment to terrifie and feare the rest for it is verie certaine that those which are threatened doe liue better then those which are punished for the punishment being done the feare is past and oftentimes it engendereth such a malice as maketh them to commit farre greater faults then the first as it may be the effect shall bee seene by those which by some meanes may chance to escape from those Islands doe but imagine if there had but a few ben punished what dutifull men those which had ben pardoned would haue prooued to shew that they were worthie of pardon and to cause their passed offence to be forgotten But yet if all this could not haue moued him to spare them yet should hee haue done it because it is so difficult a matter to draw verie often manie men foorth of Spaine where there is no great store as also for the great treasure that is