What maruell then if Achilles smote Thirsites for his foule mouth though otherwise a man that was not easily mooued The best men will not soone giue cause But vir iracundus prouocat rixas A hastle man Prou. 15. or a chollericke sir will still be quarrelling and prouoking euer vrging euer misconstruing neuer without a caprich or two in store An other man as good as hee will neuer doe it but leaue it to scouldes in allies and alehouses Hee will alwaies keepe himselfe in compasse of manhood as neere as he can and neuer debase himselfe to such vnworthy doings And there is a plaine precept for it Nolite prouocare Eph. 6. If I may not vrge my childe or seruants to anger how much lesse my fellowe or my better The law giues fauour to man slaughter if he be prouoked But there is not a greater infamy to a noble person then to prouoke or to be accounted a quarreller It is vnbecomming a woman much more a man at armes Quippes girdes flauntes tauntes farre be they from yee I beseech you They are but seedes of scoulding the scumme of a womans witte though some women delight in it and thinke it worth printing euery word they speake Words breede quarrels and of quarrelling comes blood-shedde An old Coronell of ours reioyced on his death bedde that hauing beene in many broyles in his life and many times prouoked he neuer gaue cause of quarrell by word or deed and yet he would not turne his face from any man breathing To detract or reueale a mans secret if it be not against the state or much hurtfull to his friend is very vnworthy a gentleman and breedeth much quarrell A man of sort would be loath to be thought a blabbe or tell-tale It begins with idlenesse and endes with damnation Granado saith there be multitudes in hell for nothing else but this They say there would be no theeues if there were no receiuers And surely there would be no picke-thankes or slanderers if there were no hearers to delight in them Possid S. Augustine had written about his dining bord these verses Quisquis amat dictis absentum rodere vitam Hanc mensam vetitam nouerit esse sibi This table them forbidden is In English thus That of the absent speake amisse Nemo sine crimine viuit No man liues without a fault But he that proclaimeth it is worse then he Abhominatio hominum detractor Prou. 24. the backe-biter is holden abhominable and to be shunned as a venemous thing And for this cause onely it hath beene allowed in Italy that the wronged should giue the wronger a Cartella to fight with him How iustly I will not now speake Neither speake I of the sinne to God-ward which I leaue wholly to preachers I touch it onely in point of dishonour and as they be aspersions to reputation which both the wronger is bound to recompence and the wronged may iustly require I touch them as they be make-bates and leaue a staine behinde them in anothers coate beeing slanderous and scandalous to fame and sooner raised then remooued if not repaired in time Conturbat sapientem It troubles a right wise body to haue the lye or a foule word giuen him which we vse to our Page or varlet Conturbat sapientem To haue a frumpe or a scoffe or a bore in the nose much more a stripe or a trippe at his heeles and no maruell if it cost bloud or sound blowes ere they part These matters are holden as small with vs as they be common But the Romanes held them very shamefull and censors taxed the cause-giuer with ignominie and shame which they vsed not to any man but vpon great cause Plut. vit besides losse of his horse To you my deere countrey men and friendes I must tell you it is the principall scope of my speech that howsoeuer your sudden occasions of heate may carry you at any time somewhat further then vpon aduisement you would to breake the peace or bond of charity with any and for which I can giue you no other rule then the measure of Gods grace in you yet vpon time of deliberation and space betweene that is to say vpon cold blood which was the other part I spake of I doe wish much and if I might I would command you as we doe in the warres that ye neither challenge your opposite into the field vpon any occasion or if ye be challenged that ye doe not accept it Being a thing both heinous in the sight of God to doe and no lesse then heresie to thinke yee may doe This may bee newes to some of you But not so newe as true Euill fashions driue olde folkes to Schoole againe And the eldest of you is not too olde to learne if any of ye be possessed with that pestiferous opinion That it is heinous and sinnefull it appeares by this for that it is against the lawe of God of nature and nations If against the lawe of God then heresie also to holde it lawfull This is in short but I will make it more plaine to you because it is a thing yee must informe your selues in and it is grosse to bee ignorant of Single combate is honourable if it bee in iust warre or commanded by the Prince or common-weale As Dauid did against Golias for auoiding of blood-shedde of many by the blood of one Many in this kinde we finde in histories of one to one or more to more to weaken or discourage the contrary and wee reade them willingly in our bookes And God hath fauoured it so that it hath saued the liues of many for the time Wee haue also an ancient tryall for title of land or appeales of felony by single combate where matters bee so obscure or otherwise carried that common lawe or iustice can hardly decide them And the forme is yet in vse but seldome suffered by Magistrates to take effect as sauouring more of heathenish times when such customes began then of Christian lenity which thanks be to God hath almost worne it away This kinde of combate also is needfull sometimes and men be forced to it in defence of ones person or purse or honor to auoide a bastinado or such like disgrace But this must be as the learned say out of Saint Augustine in delicto flagrante vpon assault Nauar. or a waite and cum moderamine in culpatae tutelae Intending onely their iust defence and not otherwise It must not be if any meanes else be by flying backe or stepping aside sayes the Lawe But I holde it probable with others that if one assault me let him stand to his perill he forces me to fight I meete him not of purpose nor vpon challenge which I may not doe nor any authority vpon earth can giue leaue to doe nor scarce conniue with against the law of God thou shalt not kill The learned hold Exod 20. that by killing heere is vnderstood murther And this difference is betweene killing
forgotten how little care of vs when we be dead and put into a hole to reuenge our quarrell euery one is not Patroclus who had an Achilles to reuenge him It hath beene comfort to many that their death should cost many deaths Epaminondas died ioyfully of his deadly wound when hee heard that hee had wonne the field Wee neither winnne field nor shield by it but content our selues with a little fearefull honour which is no honour Wee little remember that our life is all our stocke and what merchant will aduenture all at once to make but owne of owne If I kill I kill but one if I be killed also I loose two What is gotten by this if a man had many liues hee might hardly spend one idlely Hauing but one life then and to spend it so prodigally I would thinke he had too much of one And I cannot but here while I thinke of it digresse a little from the matter although not much And great Princes I hope will not blame me if I remēber them of an intolerable abuse of their Jrascible part if they take not heede And their fault therin is the greater and commoner the more absolute their authority is where no man is to controle them in the power that is giuen them by Gods assignment They are appointed by God or rather put in trust to bee his vindices ad iram Reuengers for God to execute his wrath vpon those that bee euill Rom. 13. and wrong doers ijs qui mali sunt I speake not of the power they haue ouer their subiects which is meant directly in this place but of that they haue ouer their equals in other countries if they or theirs be wronged may right themselues by the sword if cause require It is seldome seene that right is on both sides And therfore how many battels we reade of or heare of so many wrōgs most cōmonly yea so many massacres or wilfull murthers on t 'one side which is horrible to thinke that it should be amongst Christians Some goe to it with as slender pretences as may be Some with iustice enough but vniustly Our Charles the eight will neuer be forgotten who ranne through Italy like a fury for recouery of Scicilie and Naples set townes and people on fire where he came robbed Churches and profained them rauished women and cutte their throates when they had done In a towne of Tuscane where they had nothing to do but to passe it through yet spared they not man or woman poore innocent people till they had slaine seauen hundred of them How farre was this from Charles the wise his grandfather a most peaceable and powerful Prince Charles of Burgundy likewise had the name of a worthy Prince yet not to be excused for the malice he bare to them of Leodes where he made his souldiers carry firebrands in t 'one hand and their swords in t'other throughout his army He left not a stone of their walles one vpon an other to wreake his will on them for a very small cause And against the Switchers soone after what outrage committed he where he hung fiue hundred captiues at once without all redemption brake promise foulely with those of Granson demanded of his subiects a sixt of their goods but they would not yeelde him a penny vnlesse he would come home and leaue those idle they might haue said pernicious warres And to goe no further then our next neighbours what a diuelish fight was that betweene the Switchers and some of the Cantons because they would not leaue their league with Austria They grew to that rancour and mortall feud that when they had vanquished them in a sore battel they were not thus content but made stooles and tabels of their dead bodies to sit on and feast vpon And that which is more they opened their breasts and drunke their blood to one an other and pulled out their hearts to teare them with their teeth Would ye thinke this were in Christendome I giue but a few examples in stead of many and am ashamed to tell what hath hapned neerer our time The like not read of scare in all the Bible that faithfull were against faithfull Yet with vs daily Christians against Christians and suffer their faith to sleepe the whilest There want not prelates and clergie-men to forward Princes in such businesse and to sowe pillowes to euery bedde There want not histories great plenty to extoll their doings Ezech. 19. and magnifie their names for executing brauely vpon their owne tribe Pom. Let. and alliance without all respect of nature and pitty He that kils most is extolled most saith one A Christian is but a dogge to him if he be angry And if a Prince be of quiet disposition and peaceable and thinkes he hath enough of his owne to gouerne in peace and feare of God as Numa and Salomon did they count them scarce worth writing of because there be no battles nor conquests in his time Where contrary they should thinke him wise for sparing and not spending so much treasure and blood vpon that which they cannot keepe no longer then they be stronger and haue no more title to most commonly then is sealed with an edge on their next neighbours flesh It is a wonder to see what paines and eloquence our writers bestow in this kinde to set forth the glory they thinke but indeed the sinne and shame of their countries if it were not apparantly iust and honourable which they tooke in hand We reade in the booke of Iudges how ten tribes fought against one which was Beniamin The quarrell was iust the reuenge approoued of God for a horrible crime committed in Beniamin and the whole tribe ouerthrowne by them except a few Yet when they had done their worst doluerunt they were pittifully grieued at it and penitentiam egerunt Iudg. 21. their sorrow was expressed in deedes and care to make them amends as it their appeares They vaunted not of their valour nor made bragges of the blood they spilt but lamented with teares and with wringing of hands for that was past and could not now be recalled How many Princes haue wee knowne in Christendome that haue shewne much sorrow for twenty or forty thousand slaine on a day of the same tribe themselues were of and bought with the same blood Yea haue they not made tryumphs and bonefires for it when they came home and Te deum sung in Churches for them when they had more neede of a miserere There haue beene thrice fiue hundred yeares since the comming of Christ and the fourth is begunne In the first fiue hundreth began our greatest Monarchies In the second they grew Christian and were of great example In the third they beganne to neglect religion and to preferre their owne ends pulling from each others greatnesse and abiding no equals which caused much warre What will become of this fourth fiue hundreth we know not yet But if the rest holde out like the
leaue no ornament for Queenes but their crowne I haue heard of a lawyers wife that came before Queene Elizabeth in a gowne and kyrtle of needle work set forth with strawberries and pescods of silke and siluer The Queene asked her name which when she had tolde her the Queene laught at her and called her Queene N. I cold giue our women some good examples to imitate which were better then any lawes if they will But as the cause of this excesse is meere pride and want of witte so the nature of it is to be worse for counsell Themselues would be all others patternes and will haue no paragon Yet men should bee wiser then they though womens doteries doe befoole them too much For what women delight in they must weare and draw women the rather to vnderpeere them But my purpose is not to amend all in others that haue faults ynough of my owne to amend Yet these things fall within compasse of my charge and where they be they must be amended betimes or deerely paid for All other excesses in hunting hawking feasting and disportes which haue little restraint by law belong all to my argument being as they are Cupidities inordinate and vndoing loues if they draw vs to much cost and to wast our estates The estate of all men is much regarded and fauoured by learned Juristes and Casuistes and therefore they hold two or three things hereabouts that would be noted As first for almes that although the precept be generall to all for giuing to the poore and needie that are neere them Yet this is onely vnderstood if a man haue superfluum It must be out of some aboundance or ouerplus that a man hath He must not weaken his estate with giuing which if he doe it is sinne For if Charitie bids yet iustice forbids vnlesse the neede be extraordinarie for vertues are not contrary but complying with each other if they be true vertues and vsed with discretion My meanes is a thousand crownes a yeere and I haue wife children and family to maintaine in frugall sort not denying the reuersion of my table to the poore This is my daily charge and of this I may not diminish to giue larger almes And if I go further it is indiscretion and vicious Excesse in vertue is a vice how much more in euill things They hold further if I be in debt or decay by losse or want of some prouidence which all haue not alike I am bound to pay Creditors assoone as I can without notable impayring of my estate and not before and the Creditour is bound to stay for it if there be no fraud in me or intention to deceiue nor need in the money lender or if there be yet they distinguish of neede For there is grauis necessitas and there is extrema Extreame necessitie is of life as if both of vs want meate and clothing and I owe him as much as will buy but one of vs our dinner so as one of vs is like to starue I am not bound to pay it him For the vse of all things is common in extremities and the law of nature they say must be prefer'd before the law of nations and propertie Yet this case is rare but in a siege or famine The case of great necessitie which is the other sort of neede hath beene somewhat more common as if creditour and debtour be both in like danger of arrest the one if he be not paide his owne the other if he paie Some say the debtour must paie some say he is not bound I thinke he is bound if he borrow it gratis but this case also is not often that both necessities alike should meete so iust The common case is that the debtour cannot paie suddenly and the creditour is able to stay for it This is the case that troubles many and wrings the multitude as we see by daily examples All our learned hold the creditour must forbeare and haue patience patientiam habe omnia reddam tibi Mat. 18. as he in the Gospel said to one that he owed money vnto and because the creditour would not forbeare he was deliuered to the tormentours The Sauiour of the world might seeme to call it a choaking sinne Tenuit suffocauit eum he arrested his fellow and choked him vp in a Iayle and yet as his case was he had some reason to doe as he did and to importune his owne debtour for his owne being himselfe in neede and in danger to his Lord for a great deale more But my purpose is not to proue my conclusions which would aske much time but onely to informe you of these verities which your learned can instruct you in better then I if you be as ready to follow them in all your doubts as they will be ready to guide you and gouerne you Take heed I beseech you and you cannot be too heedy of this kinde of sinne For though lawes were made for the rich and this was not alwaies law that all extremitie should be vsed but hanging for recouerie of debts no cessio in bonis will serue but a mans flesh and not a groat sometimes left him to releeue himselfe and a poore familie with which yet the law of nature and nations prouideth for that a mans person should not want out of his owne goods and yet notwithstanding I would not blame lawes or policie for it if there were store of conscience in lenders or if lenders would lend gratis as they haue done Yet remember still the old saying that extreame right is extreame wrong Is there no meane amongst Christians For want of a Tyrant to raigne ouer vs shall we tyrannize one ouer another or haue power in our hands to do it if we list If our goods be in our hands let vs vse them as we may if they be out of our hands let vs get them in as we neede but let it be done with all Christian lenity let no choaking or throtling be heard of amongst vs which will hurt our poore brother and doe vs no good The Lord I spake of in the Gospel Math. 18. had to do with a debtour that was able to pay yet gaue him day to make money we deale with many that be nôt able and haue nothing to helpe them with but their labour and paines and yet we cast them in prison take all their meanes from them and allow them nothing to keepe them I said before if there fault were fraud fraus nemini patrocinabitur there is no reason to spare them that liue by practise and cosening And yet we are not so scrupulous altogether but that we may deceiue our deceiuer If one steale from me priuily or deceiue mee subtilly or extort from mee vniustly I will steale and wring from him if I can and doe him no wrong in it Fallere fallentem violat neque ius neque gentem Prouided alwaies this bee done without scandall and that we haue no other remedy at hand