in no sort be so because our enemies which might helpe him with their fauour and counsell are abroad Coriolanus being banished would haue destroied Rome had not his mother by her wise persuasions preuented him so also would this our enemie not be the first that of an exile would aspire to be king for such as are farre from their countrie experience and want maketh them much more industrious and resolute so that so long as he liueth wee shall be like him that holdeth the wolfe by the eares who no sooner is let lose but he doth mischiefe and to hold him still is both ircksome and dangerous for as the wolfe hurteth those whom he seeth before he be spied euen so this race of aspiring Tirants infect the righteous minds of those which are not well acquainted with their nature But would you willingly incurre this blame to haue slaine your husband for some other cause rather then for the good of the Commonwealth we haue no such bad opinion of you yet let your good deed then be sound and without spot rather then to demand such a thing whereof vnto you there would come exceeding mischiefe and vnto vs most great danger like as you know that the law saith that the Tyrant killer should be rewarded so you may remember as wel as the reward that it also saith that all the Tirants kindred ought to be put to death If you haue slaine your husband neither for loue of the law nor for the good of the land you are greatly to be blamed and to be punished for murthering your husband but if your zeale be good suffer then that good may come therof You will say my sonne is yoong true it is and therefore he may the more easily grow worse then better as those doe who are by nature borne vicious and they are such for the most part as are borne of tyrannous parents as his father hath ben prooued and so shall you likewise be if you obey not the law Finally the father and the mother haue ben both very resolute the one to vsurpe the other either to suppresse or desirous to renue the tirannie vntill now we doe not know whether of the twain was meant but we know very well how dangerous the preseruing of a son borne of such parents is whose qualities he may very well follow resolue you then to put vs out of doubt in asking such a reward as may be graunted that to a good and vertuous end you murthered the tirant or els prepare you to receiue such punishment as a woman deserueth that for her owne particular passions hath slaine her husband The Answere HOw now my good lords and friends Are you desirous that in you this detestable Prouerbe should bee verefied which saith That there is nothing more vnconstant vnthankful and more exceeding insolent then the common people so soon as they perceiue themselues free from feare It should seeme then by this that tyrannie keeping you in awe and so consequently in obedience would be more profitable for you then libertie but God forbid that so it should be said of my countriemen I had rather die a thousand times if it were possible and seeing I haue not spared mine owne husband for the good of the Common-wealth neuer thinke that I would spare my sonnes life yea or mine owne vnto your preiudice But I feare that we thinking to doe well both you and I shall be blamed I of crueltie and you of crueltie and ingratitude together for greater crueltie is it to slay an innocent then to pardon an hundred offenders consider then that her sonne who hath set you at libertie hath neuer offended the Common-wealth but as yoong as he is he hath alwaies seemed to abhorre the cruelties of his father who being put to death by my hands the child hath verie constantly showne himselfe to be more glad for the benefit of the Commonwealth then sorrie for the death of his father and with a great contentment hath he left off his gorgeous apparell and his accustomed delicacie to conforme himselfe after my will like vnto the rest of the Citizens Why then my very good lords doe you desire the death of an innocent which sheweth himselfe so affectioned towards you And such a one as may one day do you good seruice wherfore doe you not as well consider the good which he may doe vnto you as the mischiefe which you imagine to be done alreadie by him But the hate which you did beare vnto the father you turn vpon the son when you say that he is the sonne of a Tirant why doe you not as well say that he is her sonne that slew the tirant If you wil not loue him for my sake at the least let your hate be as little as your loue and condemne him not before he haue offended let him liue a while and if he commit the least offence in the world punish him with death loe then the gift which I doe craue for the reward of my desert not the life of my sonne but the delay of his death you say that it is not you but the law which requireth his death it is to be considered that all the interpretations or gloses of the laws ought rather to tend vnto clemencie then vnto rigour and principally when the effect thereof tendeth vnto crueltie for this law which saith that all the kinne and adherents of the tirant must die ought to be vnderstood of those which haue aided and assisted him to exercise his tirannie or that haue beene his partakers therein but wherein might this poor innocent haue offended who knoweth not as yet what tirannie meaneth you must then remember my lords that he is her son who hath made the zeale of her countrie striue and triumph ouer the name of a Princesse ouer the delights of the world ouer soueraigntie so greatly desired of women the which they themselues are vnapt to obtaine ouer wealth the which they so much esteeme and finally ouer a husbands loue and a vowed faith and that which is not the least esteeming all impartial pleasures as base in respect of your generall profit Remember that I haue depriued my self of my husband that I haue slain my child his father what zeale would you haue more great towards our fellow countrymen But if there were the least shew in the world that he would euer be preiudiciall vnto you I would not let for any thing to sacrifice him by and by for your safetie but seeing I am certaine that he will become a very good Citizen and a faithfull louer of his countrie following the same example which I haue giuen beleeue me sirs that I had rather die then he should as also I will not liue any longer after his death Will you iustlie deserue this infamie O you Citizens not onelie to haue beene vnwilling to giue the promised reward vnto her that redeemed you But also to haue ben the cause that she suffered a death more
contrarie haue thereby gained immortall praise and glorie Likewise there is no doubt at all but that the fathers kindnesse ought to exceed all other loue following the example of our maker who leaueth not to exercise his mercy together with his iustice and that it is so he many times punisheth sinnes both in this world and in the world to come moreouer we must not thinke any father so cruell to hurt his sonne in the little finger without feeling the griefe thereof himselfe in the middest of his heart and therefore it is a meere folly to teach fathers how they ought to loue their children since nature who is the mistresse of all humane creatures instructeth them therein sufficiently and as it is most certain that princes or such as rule are aboue all others bounden to be vertuous and that they are constituted as guides and examples for all their subiects to follow so can it not also be denied but that seueritie of iustice is more requisit in them then any of the other vertues if vertues may be feperated and he which will well consider my deed without passion shall find all the foure principall vertues therein to be obserued For first of all I haue done iustice in putting him to death who was not onely the death of an innocent or at the least the same that caused the mother to suffer her child to die but also such a one who defrauded a poore woman of part of her liuing in that he paied her not for the same which she brought to sell for her reliefe My prudence was shewed in putting him to death without any commotion of the people and in terrifieng all others from offending as also to take from euery malefactor all hope to escape iust punishment for their misdeeds My temperance I declared in causing the offender to die by the shortest and secretest maner of death that I could deuise thereby ridding him from the shame to be a spectacle vnto many And my fortitude was manifest in that I was able to ouercome the desire which I had to pardon him both the same and all other offences But in the end considering that the first princes are bound by their examples to stirre vp and prouoke their successors to execute iustice without partialitie I haue for that end sacrificed my will together with the life of my best beloued sonne because the euill customes of the former princes are turned into lawes by those which succeed them and those which are good are quite forgotten if they be not confirmed by verie memorable examples Therefore Saule did not amisse when hee would haue put his sonne Ionathas to death seeing law is to be administred vnto all alike for where exception of persons is respected there must needs corruption of iustice follow which marreth all for nothing can be permament which is corrupted True it is that he was my eldest sonne but being such a one as he was he neither ought to succeed me nor yet to liue any longer and accuse me no more of crueltie since to punish an euill doer is a deed of mercie for pittie without iustice is follie or rather iniquitie and the greater he is that offendeth the more seuere punishment he deserueth For the poore wretch or hee which is of base condition may excuse himselfe by his pouertie by want of instruction by ignorance by his lewd education and such other like reasons both vaine and friuolous but the offences of great personages is to bee attributed to nothing but to pride malice Neither is one death more shamefull then another but only that death where the partie is made a spectacle to the standers by for it is not the death but the offence that is shamefull And therefore in executing iustice I cannot be tearmed cruell vnto mine owne blood or my sonne nor vnto your Prince vnto the Kings daughter neither vnto our children for he not being such a one as hee ought to be was now no more to be regarded by any of vs but was no better then a thiefe and a murtherer Who is then so mad as to be called a grandfather father mother brother or a subiect to so vild a man Neither must these be the meanes to begin those good seruices that ought to be done vnto the crowne of France which was institituted and preserued hetherto by vertue It is a vaine thing to goe about to persuade fathers of the valor or worthinesse of their children seeing that for the most part they beleeue it more then is requisite and alwaies doe excuse their faults more then they ought of which sort I confesse my selfe haue beene one so long as there was any hope of amendment I assure you that a long time was my heart most greeuously perplexed before I could consent vnto the punishment death of my sonne But omitting all other circumstances I will shew you the reasons which moued me to put my sonne to death for the sonnes discredite must needes bee the fathers disgrace because they doe alwaies cocker their children but too much and therefore it was not without cause that the Romanes from whence all good lawes haue their beginning did giue vnto fathers all power ouer the life and death of their children knowing that without most iust occasion they would neuer put them to death No sonne could be more dear vnto me then mine eldest but equitie commandeth me to loue the Common wealth better which in no sort can be regarded when he which ruleth the same is not vertuous because none therein should be in safety if the prince were vicious My life and death is in the mercie of the kings Maiestie but to die I would not haue failed to doe that which I haue done being as we are mortall and death may only be delaied but not escaped Our life also is not to be measured by our years but by our deeds for he hath liued long inough who is by good men deemed most worthie of long life and he cannot die too soone who spendeth his life in wickednesse Wherefore it was no reason that my sonne should haue liued any longer and I would to God that so his reproch might die with him as I wish my renowne may liue after me Touching iudgement he which gouerneth the Commonwealth must needs be iudge in the same Such were the Dictators or Consuls amongst the Romanes and such at this day are kings and princes And Plato saith Happie is that countrie where Philosophers are kings and kings be Philosophers whereby it appeareth that rulers ought to bee iudges as you your selues doe confesse in saying that the king ought to haue iudged my son which indeed had ben reasonable if his Maiestie by his prerogatiue had not giuen me free authority in matter of iustice in such sort then as I am subiect to the iudgement of the king is my sonne subiect vnto mine and I am not to yeeld an account of my actions vnto any other then vnto his Maiestie
forget that she held her sonne in her armes Alack her sorrow might very well haue sufficed not only for a penance but also as a most sharp punishment for her offence the which this cruell monster would neuer consider but heaping mischief vpon mischiefe shame vpon shame hurt vpon hurt murther vpon murther had a desire with the price of his life to slaughter her who loued him more then the bals of her eies euen the same who desired not to liue but only to please him but there are some men of which number this is one who the more the poore women are obedient vnto them the more froward and cruell doe they become towards them neuer cherishing them but with reproches blows threats so that they being alwaies possessed or ouercharged with an excessiue feare doe commit a thousand faults because their minds are neuer free to thinke vpon that which they are to doe and who need to doubt but that the feare of this cruel man made the poore innocent forget that she should not haue hazarded the losse of one of her children to haue saued the other Wherefore if therein there was any fault he is to be blamed for it and notwithstanding he hath made her endure a most cruell punishment therfore is there any loue more great then that of the mothers toward the child Had not her pittifull lamentation for her fault committed ben a sufficient pennance for the same Alasse noble iudges the more strange this case is the more great is our griefe which maketh vs to doubt whether our complaints may be heard and if they be heard whether they are vnderstood if being vnderstood whether they be felt for as much as hardly may they be felt by those whom they concerne not so neerely because another mans hurt doth neuer seem so heauy vnto any as it is to himselfe Wherefore we doe throughly assure you that we can better feele our harm then expresse it for when the mind is occupied with passion the spirits must needs faiâ—â— whereby our sences are stopped and our speech hindered Consider with your selues O you iudges if it be possible how great our misery is and let our silence suffice to manifest that which we cannot vtter be you then as iustly seuere as this accursed man is wicked and cruell The kindred of the accused doe Answere ALthough you doe imploy all your skill together with your malice and ignorance which you would hide yet is the same more manifest then any other thing You thinke that you haue shewed a great cunning in persuading that it is fit to put a man to death who would willingly be dead already to what end serueth so much vaine prattle Seeing that he denieth not his fault and that the iudges doe know better then you what punishment he deserueth to what end is it to accuse such a one as accuseth himselfe Where doe you find that it is reasonable to vex the afflicted with iniuries Or that which is worst to encrease his affliction It is you that would heape mischiefe vpon mischiefe shame vpon shame hurt vpon hurt and finally you would increase the number of the dead without considering that the same passions which made this dead woman carelesse of one of her children to saue the other did also stirre vp this poore disgraced man to doe that which he ought not to haue done I passe ouer with silence the occasions that she might more theÌ„ once haue giuen him to haue vsed her ill the which he hauing hitherto patiently resisted hath alwaies endured considering that he could not offend her being the halfe of his flesh without hurting himselfe but at the last being prouoked in such sort as he was blinded with a rage no lesse extreame then iust he hath done that which was no sooner executed but he would haue reuoked it with the price of his owne life the which he yet doth offer to make satisfaction for his fault for the which he is so penitent that he will thinke himself happy to finish his griefe by death but euen as iustice suffereth not those offenders to die who would afterward liue honestly and well so is it not reasonable to put those to death that desire the same and like as they do not excuse or dissemble with those although no great accusation is brought against theÌ„ that be malefactors so also ought not their sentence to be the more seuere for the multitude or sharpe and cruell words of the accusers but moderating the rigour of the lawes according to the equity of their conscience they ought to iudge rightly not laying all the fault vpon him that is accused nor also wholie acquiting her that is dead seeing that she is not altogether faultlesse I will not here alleage any more reasons vpon coniecture as you do of the loue that she did beare vnto her husband for he might say that he loued her as well for against such as we do best loue are we most extreamely angrie when the cause is great but let vs put the case that he was testie froward and cruell as you say ought not she then to haue hidden her fault for a time and after haue caused some other to haue told him or rather haue hidden her selfe to auoid his first anger You will say that her passion did blind her iudgement this excuse serueth as much for him as for her but this is the mischiefe that the most part of women are neuer readie nor aduised in doing any thing but mischiefe Wherevnto they applie their wits so much that they are to seek in doing good for if it were otherwise a man should not see a woman naturally more readie to frame an excuse inuent a deceit or a leasing and other such like remedies then a verie wise man could doe Whereof also they make their boast Finallie none can know their subtilties malice forwardnesse to mischiefe and slacknesse to goodnesse so well as he that is married and yet they that haue ben often married know best for if those which are once married deserue to be placed in the rancks of such as are diseased the others may be accounted in the number of those that are mad Touching your other reasons there is no need to answere them sauing only that the womans friends and kindred haue their ears continually full of the imperfections of their husbands the which when anie mischiefe happeneth they can tell how to augment them without considering that their own wiues doe say as as much of them Lastly it may please the iudges to haue more regard vnto this poore accused soule then to the insolent babble of his spightfull accusers for who can be more worthie of pittie then he vnto whom life is more bitter then death Declamation 10. Of Caius Seruilius who is accused to haue slaine Spurius Melius that had releiued the people during the famine AT Rome during the time of the sixtie eight Consulship the famine was so exceeding great that many of the
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
wife answered that she would not liue without him and therefore praied him that shee might drinke some part with him wherevnto he agreed and hauing drunken part he gaue her the rest the which she did drinke vp and died suddainly after The husband died not but within a short while after by the means of his friends he was called to Rome again where being arriued he shewed a very plain Will of his wiues wherin she left him heire of all hir lands and goods her kinsfolke who did verie wel know how she came by her death accused him for poysoning his wife complaining and saying in this sort HE hid himselfe with poyson because he would be sought and found by his wife he fained that he would drinke it to make her drinke thereof he said he would die because she should desire to liue no longer He did drinke in such sort of the poyson that he is yet liuing and his wife dead I would faine know then what man did euer murther his wife more manifestly Or what poison is that which could not once kill so great an heire who affirming that he would die after he had caused his wife to die did himselfe escape it is a great matter that all the rest of the fugitiues are become poore by the late edict and this man is made rich thereby the others haue lost their owne goods and he would vsurpe the goods of another as a reward for procuring the death of her that loued him more then her selfe and so much did he know that she had witnessed in his fauour she followed him when he was pursued by his enemies sword and vnder a fained coulor of loue he hath murthered her with poyson A goodly exchange she tooke his poison and he her Testament so soone as shee had drunken shee died but is there anie doubt to be made of the force of the venome Seeing it was compounded and made by the heire who might verie well drinke part of the vppermost as being lesse violent either hauing an Antidot verie readie or els hauing taken it before hand thereby inciting his poore wife by deceit to drinke the bottome where all the poison did lie so as it might verie well be said that hee had the drinke and she the venome which long before hee had prepared to hurt her alone He did verie well know that shee would not liue without him seeing that shee was desirous to thrust her selfe into most great dangers for his sake If they are punished which kill their enemies in open fight what punishment is he worthie to haue which hath treacherouslie murthered his wife that loued him aboue all things as hee ought to haue loued her The Answere MY wife did loue me in time of peace shee followed me to the wars and in exile in my greatest extremitie she neuer left me saying that it was a righteous deed not to forsake him that was innocent I had a iust occasion and was desirous to die because I wold not be put to death by the hands of a hangman or liue continuallie in fear of mine enemies They which are deceitfull doe hide the truth but I told her plainlie that it was poyson which I would drinke and as I neuer refused her anie â—â—ing so also had I not the heart to refuse her this last request and the rather because I was sorrie to leaue her in miserie as well for the griefe which I knew she would take for me as also for the anguish and trouble she should suffer to liue at the discretion of such kindred as you are who would neuer haue cauilled for her death if the Will had bene made in your fauour and if she had died intestate you would haue quarrelled amongst your selues for her inheritance And where you say that I dranke the first draught it is true because I did not only alwaies vse to drink before her but also because I hoped by this means dying first to shun the greefe I should sustaine to see her die before me Moreouer the poyson was not of such qualitie as you say no worse in the bottome then it was aboue for that which could not infect all the drinke would be lesse able to infect or kill anie bodie likewise I am sure that I did drinke a sound draught more then the halfe But I doe now know to my great greefe that my wife was more tender then I wherefore she is dead with that poyson which was not of force inough to kil a man more strong Also you need not demand that seeing I was desirous to die why I would not make an end of my selfe when I saw my wife dead for touching this point they cannot iudge thereof which haue not ben so neare their death as I was for they know not how horrible it is in such an extremitie and especiallie euery violent death but more chieflie that which is slow and draweth on by leisure wherefore before you can iudge rightly thereof you ought either to haue tried this extreame point or at the least to be as neere your death as I who shall neuer be sound againe nor of anie long life Wherefore it is not for couetousnesse that I require my wiues inheritance but thereby to haue meanes as well to eternise her good renowne as also because I wold not suffer her last Wil to be abused Declamation 44. Of him who hauing giuen ouer and forsaken two of his children would not leaue the one of them with him that had fostered them vp IT must here be considered that in times past amongst the Grecians it was lawfull for such as would either to slay their children or to forsake them and leaue them at all aduentures and the law was such that if anie did find them and bring them vp it was at the fathers discretion to redemand and take againe his child paying for his nursing Wherevpon it happened that a father through pouerty was inforced to leaue two of his children being twinnes to the mercie of the world which children another man chanced to find and caused them to bee nursed thinking to keepe them as his owne for he had none It likewise chanced that within a certaine time after the father who had forsaken them became rich so that he desired to haue his children again and causing them to be sought out he which had fostered them came vnto him saying that if he would let him haue one of them he wold giue him the other and he should chuse which of them both he would haue the father agreed therevnto but seeing the children he tooke them both againe The foster father summoned the father to the law for one of them the father defended himselfe saying HOw wouldest thou haue me make partition of my children with thee seeing that I made a refusall thereof especiallie to the mother which hath conceiued and born them I haue begotteÌ„ them both I haue desired them both I tooke paine for them both they were both borne
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
would faine find out some small occasion of quarrell like as they sought to condemne Brutus who did afterwards recouer their libertie and so did they accuse Manlius of inhumanity Silla of crueltie Marius of ambition Lucullus of superfluitie and manie others of couetousnesse But touching my deed what art thou more theÌ„ the other Censors that haue ben euer since the fault which thou chargest me withall who haue neuer accused me therfore not that they are any whit thy inferiors in wisdome or equitie or that they are lesse louers of the Common-wealth then thou but because they could better then thou consider that it was not lawfull and lesse reasonable to blemish so many worthie actions of our linage for a small vanitie of one alone who cannot yet bee said to haue done any act either contrarie to dutie or against iustice Declamation 60. Of a man without hands that renounced his sonne because he would not kill his mother being found in adulterie THe law saith that if any man doe take his wife committing adulterie it is lawfull for him to slay them both her and the adulterer but yet it must be without deceit likewise it saith that the sonne may reuenge the adulterie for his father Whervpon it happened that a martiall man lost his two hands in the wars and as one mischance doth neuer happen alone within a small time after he surprised his wife in adulterie and finding himselfe vnable he commanded his sonne to slay them the sonne would not wherevpon hee renounced him for his heire saying I Shall then by thy fault amongst all men bee he alone that hath neither pardoned nor punished adulterie but who in this case will not imagine that either I had no sonne or that my sonne had no hands Yet my greatest griefe consisteth in this that I know the contrary Alasse in finding the adulterers I felt in good earnest how great a misse I had of my hands alacke I lost them in the warres and my sonne could not find his in the house wherefore I may say that he stood mee in as little stead as my sword which I could not vse How shall he either vanquish the enemy or defend his countrie which hath denied the helpe of his hands vnto his father When will he sight for vs that could not fight for himselfe Get thee packing then with the adulterers whom thou hast suffred to escape and leaue me rather alone then so badly accompanied Thou saiest thy heart would neuer serue thee to kill thy mother why doest thou not also say that the adulterer is thy father as I doe verily beleeue and thou doest shew he is Seeing thou soughtest rather to please him in a matter vniust and execrable then me in that wherin by the gods law and reason thou wert commanded Wherefore it cannot bee said that I doe either renounce or disinherit thee without a cause A very notable answere of the sonne ALas me thought it was in a maner all one to murther my father as to kill my mother in his presence and as it was neuer allowable in a reasonable man to be cruell so were rigorous laws made more to terrifie all theÌ„ to torment anie for if the law be strict the interpretation thereof is large and they ought to tend rather vnto clemencie then crueltie a great mischiefe can neuer be appeased in coÌ„mitting two others Moreouer the pleasure of reuenge doth suddainlie vanish but the contentment of mercie dooth neuer vade so likewise dooth euery pittifull heart melt in thinking vpon the horriblenesse of murther wherefore with the spectacle of a misfortune so suddaine all my bodie became sencelesse You good father did lacke your hands but before I could recouer my spirits I lost al my members yet was the mischiefe which you commanded more great then all the miserie which had happened was greeuous pardon me then if I did not accomplish your commandement in a thing which farre exceeded my strength and courage A father pardoneth his son if he refuse to faile because hee cannot brooke the seas that his heart doth faint as mine did the like happeneth if his heareserueth not to goe vnto the warres although he bee the sonne of a warlike father for euerie man is not borne to manage armes And it is to be considered for what intent the law saith that it is lawful for the father or the sonne to slay the adulterers Truly it was because the lawmakers were not ignoraÌ„t that there were some men which either could not or would not kill one another what can I doe with all if we are both of the same number you made by the warre vnapt and I by nature vnable wherein then can you blame me sauing that the adulterers are escaped because you were maimed and I amased or almost in a swound If the fault then be common why should I for the same bee onely condemned Declamation 61. Of two maidens rauished by one man for the which the one required his death and the other desired him for her husband THe law permitteth a maiden that is rauished to chuse either the death of the rauisher or to take him for her husband Wherevpon it chanced that one man defloured two maidens in one night so that the next morning the one required that he might die and the other requested to haue him for her husband wherfore she that desired his death said thus VVHo did euer see anie man saued for one offence by the meanes of another fault farre more hainous For if sinne proceed from humane frailtie to perseuere in the â—anâ—e is a diuelish obstinacie one defloured maid accuseth him the other defendeth him reuenge you our cause then O you iudges let the seueritie of your discipline bee redoubled seeing the crime is double the people doe already secretly desire it for he hath not onlie forced or rauished twaine but I alone haue ben defloured by twaine that is to say by him that did the deed by her that would preserue him from death must he be suffred to liue that hath deserued to die twise Had hee but deserued one death onlie he should not liue anie longer because no bodie would haue defended him but this woman would vnto our shame verifie the Prouerb which men do impose vpon our sex saying That women are selfe-willed and that they do alwaies chuse the worst If thou haddest ben the first that had ben forced I doe hardlie beleeue that thou wouldest haue desired him for thy husband To conclude as thou canst not sue anie further in his behalfe saue onely that thou maiest not bee depriued of thy choice so also canst thou not abridge me of my request it is in thy choice to saue his life for the fault he hath coÌ„mitted against thee but thou canst not command his life for the iniurie done against mee seeing that I was first wronged let me be first reuenged and afterwards thou shalt wed him if thou wilt The Answere THou saiest that thou wert
nature of louers is to thinke euerie minute a month and fearing to lose the good so much of them desired they can hardlie beleeue that which they both see and touch I will willinglie submit my selfe to the law but I will not that thou shouldest haue the credit to compel me in anie sort Thou hast no cause to complaine of thy shipwracke seeing that from the same two holie actions haue proceeded that is to say hospitalitie and mariage I offered thee the one and intreated thee for the other Thou art deceiued if thou thinkest that I will loue thee or thy daughter anie whit the more my life hauing ben once in your power the loue which I doe beare vnto her is great inough without bringing me vnto such an ouergreat extremitie far better is a free and voluntarie loue then is that which proceedeth from anie bond my affection cannot be increased because it is alreadie perfect My marriage declareth that I neither rauished nor constrained thy daughter at all vnlesse it be because I married her without anie substance at all if thou art not content that I haue so done giue mee her portion and I will accept it If thou hast no goods vse mine as the goods of thy daughter and let vs liue in peace Declamation 83. Of a blind woman that would haue detained her sonne from redeeming his father out of prison THe law appointeth that euery child which was old inough to serue and releeue his father or mother and would not indeuour himselfe so to doe ought to bee imprisoned or kept in bonds as a bondslaue Wherevpon it chanced that a man made a long voiage by sea leauing his wife and sonne at home being vpon the sea he fortuned to be taken by Pyrats so that he was constrained to write vnto his wife and son that they might find the means to ransome him out of captiuitie The wife wept so much as she became blind therewith the sonne would needes depart to redeeme his father but his mother would detain him demanding that seruice at his hands wherevnto the law did bind him and would haue caused him to be laid in bonds because he would not tarrie the sonne pleaded against her thus IT is sufficient that two remaine in bondage without desiring that the third should likewise bee laid in bonds the prison detaineth my father in thraldome and your bondage mother is your blindnesse Wherefore will you heape miserie vpon calamitie in bringing me also in captiuitie what wrong doe I vnto you in leauing you a little while for so good an intent as to releiue my father Will you haue the world to doubt that you are not so louing a wife towards your husband as alwaies hetherto they haue esteemed you Will you that for your sake a man may say that all women are in their extremities Doe you not know that vertue consisteth in a meane Will you haue me to forsake my father do you not perceiue that his captiuitie summoneth mee to trauell for his libertie Doe you not consider that the chiefest part belongeth to the father and the second vnto the mother He is abroad you are at home he is in bondage you are free you are amongst pittifull Cittizens hee in the hands of pittilesse Pirats his feet are fettered but thanks to God yours are at libertie true it is that you are blind but alasse he is farre more miserable then you for your blindnesse hindereth you from beholding an infinite number of things which would vex you but he continuallie seeth his enemies vieweth his chaines whippes and bastinadoes which he often feeleth and hourly feareth and looketh vpon the oare and other instruments wherewith he is euermore tired You say the voiage is too dangerous for me how manie are there that to win the loue of some gay ladie will not sticke to aduenture anie daunger whatsoeuer Why then should I feare to deliuer my father Consider that such as hinder others from well doing doe amisse themselues and that hee which giueth not all the aid he can vnto those that are afflicted may be well said to bee the onlie cause of their affliction Wherefore deare mother I beseech you not to be one of that number or if you will needs bee yet suffer me not so to be The mothers Answere IT is thou that desirest vnto my husbands losse to ad my sonnes lacke and so finallie to procure my vtter desolation leauing mee here alone blind and poore If thy father being old subtle could not escape from being taken by Pirats How wilt thou being yong and simple shun the like perils Doest thou say that thou shalt leaue me for a small time when I know thou canst neuer return If thy father had beleeued me he should not now haue ben in that calamitie wherein he remaineth and into that which thou wouldest cast thy selfe neither yet should I haue beene constrained to haue brought that loue in question which thou saiest thou bearest vnto vs both in that which I require there is no extremitie at all for being bound vnto twaine he or she that is present may command as being the nearest thy death or thy losse will not anie whit deminish but rather double thy fathers miserie when he shal know it if he be not dead alreadie as I fear he is For yong men may die too soone but old men cannot liue anie long time if he were aduertised of my blindnesse I am sure he would command thee not to forsake me how wouldest thou then haue thy voiage to prosper when thou vndertakest it contrarie to thy fatherrs meaning and against thy mothers mind Where is thy true obedience Is this the recompence for my bringing thee forth with so great pain And for nursing and bringing thee vp with such exceeding care In seruing me thou doest well in leauing me thou doest ill so that thou canst not saie that I hinder thee from well doing But I would rather persuade and compell thee therevnto if I could likewise I haue as much need of helpe as thy father hath who did himself command thee not to forsake me when he departed from hence and then being not blind I had no such need of thee as now I haue Neuer imagine that God will euer fauour thee if thou now forsakest me Declamation 84. Of a rich man who thinking to burne the tree of a poore man did also burne his house THe law appointeth that whosoeuer harmeth another man vnaduisedly he must but onely recompence the hurt that is done but if anie doe a mischiefe of set purpose or maliciously hee must make satisfaction for the same fourefold Wherevpon it happened that a rich man dwelt next house vnto a poore man that had in his small garden a great tree growing which did take away a great part of the prospect from the rich mans house who did oftentimes intreat the poore man to sell him the said tree but hee would in no sort consent therevnto affirming that it ought
so wise as you thinke your selfe to be to gaine a dignitie or an assured principalitie you should haue immitated some such as it may be being lesse cowardly but more wise then you and knowing themselues not valiant enough by armes to winne any authoritie doe become first begging friers and so well behaue themselues therin as afterwards they become cardinals yea and oftentimes obtaine the Papall seat in such sort should you haue become a Prince You I say who haue neither vertue nor valor but in your tongue by the which you could so well persuade my deceassed father to dishonour himselfe and to wrong his onlie sonne preferring you before him But I haue such an assured hope in the Emperour his sacred Maiestie who is our iudge as that shall be restored which of right belongeth vnto me and I assure that but for the respect I beare to the same Maiestie I would doe that as you should know you ought not to vsurpe my gouernement but thinke your selfe verie happie in surrendring the same ouer to me not receiue the punishment due for your rashnesse The Answere RAsh and vnaduised may he be tearmed who in the end of his reasons addeth threatnings in the presence of his imperiall Maiestie whom he faineth to respect vpon whom such an iniurie redoundeth rather then vpon me who am here vnder the protection of his said Maiestie But to answere vnto this your deed I say that it is not the act of a gentleman to disobey his father either whilest hee liueth or after his death in desiring to take that from me which he charged me to keepe by his last Will. Touching the first disobedience Durst you be so presumptious to vnderstand the cause why your father did forbid you to goe vnto the wars You were ouerbold therein since he knowing your indiscretion and wauering mind would not trust you with such a secret matter How manie things seeme aduantagious honourable and profitable vnto yong men which old men doe foresee to be a manifest ruin What doe you know what they doe keepe in store for you whom you haue offended in this war Or if he who euen by your aid is become more mightie shall vse the same his power to your preiudice For so did the Romans who being succoured by their confederats did first vanquish other nations and then afterwards subdued those their confederats likewise what do you know if your father foresaw the same or a greater danger If we are bound to beleeue old men how much more then ought euery one to beleeue his father of whom next to God he holdeth his life and his being And therefore they are double in fault which do not onlie giue no credit to their words but also do disobey their commandements as you haue done for if one way you shall lay the fault vnto your frailtie which hindered you from beleeuing the truth and shall say it is mans nature so to doe Yet your disobedience added therevnto doth another way make the same vnpardonable How manie are there that haue put their children to death for lesse fault then yours It may easelie be seene by the Hebrew Greeke and Latine histories As for example Saule the first King of the Hebrewes would not he haue put his sonne Ionathas to death for tasting a little honie against the commandement of his said father although he did it ignorantlie Epaminondas the Theban did not he cause his sonne to die for fighting coÌ„trarie to his coÌ„mandement did not Aulus Posthumius and Manlius Torquatus Romans do the like what would they then thinke you haue done if their children contrarie their wil and commandment had gone to the wars as you haue done Teaching them who were with you to disobey their prince as you did your lord and father and not content to haue offended him during his life will confirme and ratifie your disobedience after his death in resisting his last Will and testament and to his great dishonor accuse him with want of wit For lesse fault was Cham the sonne of Noe not onlie disherited but also cursed of his father for euer yea and his posteritie after him who could not do with the faults of their father and grandfather The Romans had not the power ouer the life and death of their children So that but for such men as you that law at this law had not beene inuented for from the vniustice and wickednesse of men do good holy and righteous laws proceed Wherefore it is a true Prouerbe that offences beget laws and afterwards those laws doe discouer and punish offences for where no fault is there law is not requisit and where no law is there can be no breach thereof Wherevpon S. Paule saith That the law onlie made me know that to desire is sinne Your father did not prohibite you from the defence of your countrie or the church therefore you need not make a question of that which he did not but of that which hee did which was his dissuading you from this war and for the same cause hee added threatnings vnto his commandement And notwithstanding for all this you would not obey him but it may bee the great griefe which your father tooke for this your obstinacie hath procured his death and yet you say although he hath not wholly disherited you that he did you wrong to giue the principalitie vnto him whom he knew to bee best able to keepe it see how farre the loue of the father exceedeth all the malice that the sonne can imagine for notwithstanding after this your fault hee thought vpon your profit more then you deserued and therefore he had a desire to leaue you wherewithall to liue like a Prince but not the power to loose your selfe and your people Doe you thinke the good Prince did not know that in the warres vices are sooner learned then vertues And that you were more inclined to wickednesse then wisedome For how can he be a louer of vertue which despiseth both his father his commandements Moreouer hee knew very well that the countrie whose Prince is accustomed to the wars is neuer in peace and not being in peace it cannot prosper Also he said that as countâ—ies had long ben kept so they should be maintained because euerie alteration or change is dangerous and if there come any profit thereby it is not in their daies to bee expected who are then liuing Wherefore knowing that his predecessors and himselfe had more encreased and conserued their gouernement by wisedome equitie and iustice then by armes it seemed nothing reasonable vnto him to leaue for successor such a one who only seeking to be counted valiant would forsake all vertue which takes her beginning froÌ„ the feare of God and he which feareth him is another manner of man to his father then you haue beene to yours Now since your father had all these reasons on his part can you say he was not a good protector both of his people and also of you
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
iudged and you will iudge the iudges all this serueth you to no end bethinke you if you can how you may cleare your selfe and afterwards you may accuse vs before those that haue power to redresse it and then there will be greater credit giuen to your speech but now you being condemned as an offender no man that knoweth what iustice is will beleeue but that you speak of others as you your selfe would doe if you had their authoritie for the maner of those that haue their consciences seared is such that they are persuaded that the most part of men are like vnto themselues wherefore let vs come vnto the point concerning you and me say only haue I proceeded against you otherwise then by an ordinarie and vsuall custome Haue I not giuen ear aswell vnto your excuses or iustifications as vnto your accusers Haue I posted ouer or rashlie hudled vp your processe Are not you your selfe the occasion of your bringing hether so late If amongst so many I haue ben thought worthie of this estate should I haue forsaken it for you Or was it I alone that did iudge your processe The counsellors were not they there as they are here in like sort Was it I that either did condemne you or that must againe condemne you Are they not your owne deeds Bethinke you then to alleage other reasons to more purpose for your iustification or to submit you vnto the discretion of the iudges praieng vnto God to giue you the grace patientlie to abide the sentence which they shall pronounce vpon you referring all vnto the will of God who by that meanes wil bestow that vpon you which shall be more profitable for you for he exalteth those that doe heartily praie vnto him And lastlie determine if the worst do happen sith you could not tell how to liue well to learn to die well giuing thanks vnto God for taking you out of this miserable world before you haue further offended his diuine Maiestie by that meanes your punishment together with his mercie shall be a full satisfaction for all your sinnes Declamation 20. Of the souldiors that would needs giue ouer the wars after the death of their Generall THe ancient militarie law is such that euerie souldior maketh his oath particularly to follow his Ensigne the Ensigne taketh his oath to obey his captaine the captains their Colonels then all of them generally doe swear the same oath to the Generall of the armie representing the person of the Prince to serue him truly and faithfully Wherevpon the Generall or Lieutenant Generall chanceth to die in a difficult and dangerous enterprise and by his death the souldiors hold an opinion that they are acquited of their oath and that they may giue ouer the enterprise And thus one amongst them pleadeth for all the rest THe oath of the souldior lasteth so long as he that receiueth it or he to whom it is made liueth as we haue done vnto our General who being dead we are no longer bound We haue sworne to serue the Prince vnder his conduct following him in all and by all things into all places and against all men without anie exception at all the which we haue done euen vntill his death without anie refusall or contradiction wherefore hauing performed our dutie we are no longer bound for we cannot follow him any further except we should die as he hath done which would be a thing as hurtfull vnto the Prince to the Common-wealth and to vs as it would be profitable vnto our enemies and ill willers vnto whom we ought to doe no pleasure nor profit at all And neuer thinke that we are to be retained in seruice still saying that the Prince will send another Generall or that his Lieutenant that is dead representeth his person by order of prescription vntill the Prince haue confirmed him for Generall or that he hath sent another for such a reason is nothing worth because there are many that suffered themselues to bee enroulled vnder the deceassed Generall which would neither march nor be enrolled vnder him whom the Prince may send vs for such was the trust that wee did repose in his valor and wisdome that nothing seemed impossible vnto vs so long as we folowed his cōmand wherefore considering that the Prince may wel bestow the dignitie and estate but that the discretion wisdome and valor of the man commeth from aboue we are discouraged to serue any longer without knowing vnder whom True it is that there is none so good but there may be found another as good but it is verie certaine also that an opinion is halfe an effect and that for the most part it ordereth matters as it listeth without anie other respect and especially when it is ioined with some proofe or admirable experience as was that of our late noble Generall which hath so manie times ben redoubled who by his example did not onelie increase the courages of those that were valiant but also made the verie cowards bold and stout so that it may verie well be said that he hath carried our hearts with him or rather that he hath bestowed part of his greatnesse vpon vs al. Finally the souldior that marcheth vnder such a Generall whom he liketh not differeth nothing from a slaue who is bound to serue his maister whether he be good or bad which is the cause that sildome they do anie thing that is good Wherefore is an oath made But onely that the performance thereof may follow Why are not we as free from our oath by his decease as we were bound by the same while he liued How manie did march vnder Scipio that would not follow Lelius Although they were both of one and the same countrie one as noble as another and so great friends as the one might well be said to bee the other Neuerthelesse for the most part both of the Romane souldiours and strangers had rather haue died with the one then liued with the other By what means did Epaminundas and Pelopides reforme the military discipline of the Thebans But onely by the good opinion which the men of warre had of them We do not say that we would whollie refuse to serue and beare armes for our Prince but we would faine know vnder whom we should march moreouer we would that it might be lawfull for those that will serue no longer to depart and that those which would follow the future commander might be bound by a new oath The Answere WHat noueltie is this How dare you only think a treason so great Not onelie against your Prince and countrie but against your selues and the profession of armes Saieng that you are acquited of your oath by the death of your Generall Who is then your Generall Is not the prince Is he dead Or doth he euer die but strait another succeedeth him It is not you that were sworne vnto the Generall that dead is but I that was his Lieutenant who alwaies in his absence represented his person
were two brethren the one excelling in learning the other in armes Sadoc by Astrologie foretold vnto his brother that if he maried withont the consent of al his brethrē that there should thereby happen a great mischiefe and dishonor vnto al their linage Gamaliel neglecting this aduice did marie in a strange country which done shortly after he brought his wife who was exceeding faire home into his owne countrie and obtaining of his brethren his part of the patrimonie left by his father he liued therevpon peaceably He being one day fallen sicke Sadoc visited him so long that he fell in loue with his faire sister in law and found such means as he inioyed her companie in a manner by force she declared the deed vnto her husband he both slew his brother Sadoc also another of his brethren who came to defend him Whervpon the other brethren and kinsmen being moued therewithall did accuse him to the iustice by these words THey truelie are in a miserable case who haue no freindes that may giue them instruction good counsell in there youth because that youth without the aduise of such as are graue and wise are like a fierce horse without a bridle who ouerthroweth both himself and his rider but far more vnhappie and worthie of all mishap is he that dispiseth good counsell and aboue all other they are most vnfortunat who through such contempt withour being thēselues in anie fault are partakers of such mischeife as therby doth happen as wee O righteous Iudges are who not onlie for such an error haue lost two of the best of our brethren but also are constrained through iust disdaine to demand the death of the third as vnworthie both to be accounted anie of our number and also such a one as deserueth to liue no longer in the world hauing cōmitted so execrable a sin as to murther his own brethren not that the fault inciteth vs to hate him but because the sorow for those whom he hath slaine prouoketh vs to require iustice as well to bridle by this example other such like insolent persons as also that the rest of our parentage may be rid from the fear of this murtherous man spotted with the blood of his brethren For it commonlie falleth out that such blood thirstie men as he is cannot refraine from shedding humane blood as it appeareth by Abimilech the Hebrue who slue seuentie of his brethren and by Absalon who hauing caused his brother Amon to be slaine would haue done the like vnto his father what shall I say of Ioab and others of the Iews These are the vertues which a man learneth in following the warres who being vsed to murther finding no enemies killeth his friends and afterwards his kindred and brethren as this hath done so did Romulus cause his brother to be slaine and Alexander killed his foster brother Clitus others his good friends and seruants Aso Epaminundas the Thebane Manlius Torquatus and Aulus Posthumius Tubero being Romans slew their sons more worthy to liue then they vnder the coulor of obseruing militarie discipline The like did Brutus being in exile and Cassius the Ensigne of Crassus saieng that their sonnes conspired against them the like did Artaxerxes Mnenon King of Persia Likewise the great Constantine caused his sonne and his brother in law to die without shewing a reason wherefore The King of Iotara slew all his sonnes except one because he should be his onely heire Authi Coelio Mithridates a noble warrior slew his mother brother and many of his children Herod put three of his children to death Finally this desire of murthering proceedeth from the vse thereof by the which Etheocles Polinices Tideus Polites Antiochus Aristobulus and an infinite number of others who after they had ben famous warriors became worse then hangmen but who will spare him that for so smal a hire or for a vaineglory to be accounted warlike hazardeth or rather selleth his owne life Yea and for the most part his soule which life he ought not to bestow but only for the safegard and defence of his countrie and familie how can they deserue to inioy life or to be accounted off amongst men who liue to no other end but to murther them and which doe not only delight in making of widdows and orphants but also would willingly make their own wiues and children in the like case though with the price of their liues for the great pleasure they haue to be accounted cruell such a one this our brother but vnworthie that name is and euer hath beene whereby we doe plainely perceiue that like as vertues are linked together so doe vices follow one another for from his youth he hath despised the good counsell both of all his kindred and also of his brother whom he hath afterwards slaine thorow the report of a woman and what woman Forsooth a stranger who being enamoured of a stranger and marrying with him cared not to forsake her countrie and kindred to follow him hether where it may be perceiuing that she was not sufficiently made of to her owne liking and especially of him who foresaw the mischiefe that should happen by her did accuse him vnto her husband knowing him to be as foolish and light of beliefe as prone vnto anger and murther How manie are there that doe themselues prouoke men vnto adultrie But when they see that they are refused by them they doe afterwards complaine that they would haue forced them The wife of Putiphar of Theseus and of others doe verie well witnesse the same what assurance haue we of the chastitie or goodnesse of this woman that she hath not done the like Hardly may a woman be forced which maketh anie resistance and if at the least she want strength to defend her selfe she cannot lacke a tongue nor a shrill voice to crie out being a thing so incident vnto their sex but although she had ben forced indeed was not the law sufficient to haue punished the same Should not we then haue ben as readie as we are now to accuse the offender But forasmuch as truth ingendreth hatred he hauing found an occasion as he thought to offer violence vnto his brother was in sooth very loth to lose the same consider then O you iudges if such faults be not rigorously punished that womē being naturally giuen to reuenge and men ouer easie to beleeue them will commit a thousand mischiefes Lastly it cannot be denied but that it is as great an iniustice to pardon an offender as to condemne an innocent that euen as iustice without mercie is crueltie so also is clemencie without Iustice iniquitie wherefore we are certaine that you will iudge rightly as the law commandeth and conscience and honor doth bind you The Answere of Gamaliel IN effect these my brethren if such they may be tearmed purchasing my death doe verie well shew that another mans misfortune is light vnto them which feele it not and euerie one preacheth patience and temperance
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
desire of reuenge that staied her from making her choise according to her wicked intention Thou wouldest know where she hath bestowed that which she stole I beleeue that shee hath giuen it thee and that thou wouldst saue her life to haue some more by the like means Neuerthelesse we will punish her alone that confesseth the fact vntill that thy sinnes doe induce thee vnto the like confession or that thou bee conuinced by more apparent testimonie and in so doing we shall appease the gods fulfill the laws performe our duties and cleare our consciences which commandeth vs to root out the wicked forth of the Common-wealth by publike punishmēt because there is nothing that doth better maintaine the world in equitie then rewarding the good and punishing the bad Declamation 40. Of the wife that would not forsake her husband although he went about to procure her death IT happened that a man and his wife made an oath vnto each other that if one of them chanced to die the other should not suruiue aboue three daies after Vpon a certaine time the man went vpon a long iourney and being on his way he sent a false message vnto his wife which certified her that her husband was dead she to keepe her promise threw her selfe downe from the top of her house neuerthelesse she died not with the fall wherefore her father caused her hurts to be healed and kept her vntill certaine newes came how her husband was not dead but had sent her word of his death only because he was desirous of his wiues death Whereupon her father would haue cōpelled her to forsake her husband she would not he renounceth her for his child and disheriteth her for which she complaineth saying O Immortall God which by thy prouidence gouernest all mankind thou hast not permitted that this fact should be for our hurt or destruction but onelie for a triall and proofe of the loue which I beare vnto my husband yet my father would seperate those whom death could not put asunder neither is that which I haue done to be thought strange seeing that I had both cause to doe it the example of diuers women which haue done the like to allow it for some haue burned themselues with the dead bodies of their husbands others haue by their death redeemed their husbands life I am therefore happie to bee accounted one of the same number being yet liuing and my husband safe and sound who it may be would trie whether I were worthy to be beloued of him and now knowing it he will loue me better then euer he did The loue which is ouergreat is cause of suspitions and iealousies and therefore my husband was desirous not onelie to trie whether I did not loue some other but also whether he was beloued of me and I am verie glad that with the danger of my life hee hath found me such a one as he desired What wrong shall I then both doe vnto my selfe and vnto him if when I should reape the fruit of my loialtie and most constant loue I should depart from him God forbid I should so doe Moreouer I should neuer bee well able to liue without him for it was partlie the cause that I threw my selfe headlong down because I would not languish without the hope and comfort of his presence which I shall now possesse with more pleasure then euer I did To conclude I cannot leaue him and if I could I would not wherefore it is lost labour to speake any more thereof The fathers Answere IT cannot be denied but that he which went about to procure my daughters death is mine enemie wherefore there is no reason that she which loueth mine enemie better then her owne father should be my heire thou saiest I cannot nor I ought not to forsake him Why cannot or may not she so doe that cannot onely determine to die but to be her owne butcher Hauing no sooner heard a fained report of the death of thine enemie thou soughtest thine owne death in good earnest if thou couldest endure his abscence being gone on a long voiage when thou haddest occasion to loue him why canst thou not now doe the like hauing iust cause to hate him Thou art quite freed from all former oath or promise which thou hast made him in shewing the desire which thou hadst to accomplish that which he caused thee to sweare thereby not onely to abuse thee but to make thee die Thou saiest that all is fallen out for the best I know not how that should bee for as no bad act can be tearmed the author of any good so ought we not to iudge things by the euent but by the intent hardlie can hee euer loue thee who as oft as hee seeth thee shall be either ashamed of his fact or aggreeued that it tooke not such successe as he wished likewise the triall of loue is not made by a danger so euident Declamation 41. Of the prodigall sonne who being forsaken of his father redeemeth his brother whom his father had neglected THe law was such that when the children were thirtie yeares of age they might require their father to giue them their portion Wherevpon it chanced that a man had two sonnes the one of them was prodigall and the other a good husband He gaue the prodigall sonne his portion who demanded the same by vertue of the law and did wholy disherit him from anie of the rest of his lands or goods the other who was the good husband made a voiage by sea and fell into the hands of Pyrats he writ vnto his father for his ransome his father was deafe and could not heare on that side Wherevpon his prodigall brother redeemed him who when hee was returned home made his said brother his heire in recompence of his release by him wherewith the father being displeased disinheriteth the thirstie son of his patrimonie who withstandeth him thus ALl those which doe know what I haue done doe praise me for it except you How true an example of pittie and brotherly loue hath my brother shewed when sailing to seeke me hee hath aduentured great dangers trauailing ouer many lands and seas neuer giuing ouer his enterprise vntill he had brought mee home againe vnto my fathers house wherefore if you did loue me as both my obedience and seruices deserue and as nature doth bind you you could not denie but to haue receiued at his hands seruice most acceptable And in recompence thereof to haue acknowledged him for your heir as I haue done for if for his prodigalitie you did disherit him he hath shewed himselfe both towards you and me not to bee prodigall but indeed verie liberall If you did disher it him because he was vnprofitable hee cannot now bee tearmed so Seeing he could make so long a voiage and when all fatherly loue was in you forgottē he yet could performe the dutie both of a good sonne and a better brother You say that age hindered you from
repaired by sauing the life of a wicked caitife for that is no satisfaction but rather a double offence vnto the Commonwealth Moreouer those children which should bee borne by the marriage of a rauisher would serue but for witnesses of their fathers shame and the wrong done vnto our stocke the which ought not to bee increased by him that had doublie wronged them hauing not onelie iniuriouslie assailed the house of an exile although the affliction of the afflicted ought not to bee increased but also after hee had wronged him without anie shame at all comming before him he first made him priuie to the iniurie and in a manner both constrained him to consent vnto it and to allow thereof wherein then haue I offended By complaining of the iniurie done to my absent father I cannot be either forsakeÌ„ or disherited becaus I haue done but according vnto law Likewise my father who was so far off from the place where the wrong was committed could not well iudge thereof seeing that his griefe being absent could not be like ours that were present and also thee state wherein he was together with his age made him to indure wrong better then I could Furthermore the adulterer knowing the horriblenesse of his crime went to make his agreement with him who was ignorant of the truth and returning hether hee renued the iniurie prowdly commanding vs to like of his marriages by vertue of certain letters that it may be he either obtained by force or at the least gained by frawd No man is vndone too late at anie time but a manifest vndoing is it to giue ones daughter vnto such a one as with the helpe of such wicked impes as himselfe hath both defloured her and dishonoured her breaking into our house by force of armes I beleeue he would neuer tell you all this father or if he did tell you and you were content therewith or that you bewaile his death anie more you are no lesse faultie then he Declamation 55. Of him who gaue ouer his betrothed wife vnto his sicke son A Certaine man had two sonnes neuerthelesse hee was betrothed or made sure vnto a yoong maiden with whom one of his sonnes became so far in loue that he fell sicke and no doubt he had died if the Phisition had not told his father that his sonnes disease proceeded of loue wherevpon the father came vnto his son praied him coniured him and lastly threatned not only to curse him but also to kill him holding his sword in his hand if he would not manifest vnto him the cause of his sicknesse and what she was whom he loued wherfore the sonne seeing himselfe in such an extremitie trembling and weeping confessed that hee was in loue with his mother in law the father to saue his sonnes life yeelded her whom he had betrothed vnto him and caused them to be married together The other sonne who was enuious against his brother accused his father to haue lost his wits the which the father denied saying IT is thou that hast lost thy wits or at the least art vtterlie blinded with passion and ill will so that thou wilt be the cause that euerie man will bee amased at such an act as was neuer seene that a mother in law should bee more pittifull vnto her sonne in law then thou art vnto thine owne brother Callest thou that want of vnderstanding when by my wisedome I saue my son in granting him her who in no sort was aggreeable for me I say that in keeping her from him I should haue lost my wits seeing that she might haue done ill I might not haue done well and my sonne should haue died I am sure that he loued her better and more feruently then I did therefore is she due vnto him what wrong do I thee Art thou angrie to haue thy brother and not a mother in law I did draw the sword before his face the which no man could take foorth of my hands but only himselfe in confessing the truth Lastlie all that a father doth to saue his sonnes life is not onlie very excusable but to be accounted for exceeding great wisdome and iust pittie The Answere IT had been better for my brother to haue died then to haue caused his concupiscence so apparently to be disclosed Seeing the best that can bee said of him is that hee was healed by adulterie that you haue saued him by execration and she hath holpen him by abhomination Why may not that bee tearmed worse then adulterie which is done chieflie by the commandemeÌ„t of the husband I know not whether you haue shewed your selfe more mad in betrothing this woman or in forsaking her or els in marrieng her againe with your sonne But how farre besides himselfe is hee that thinketh it a good deed or a good turne to commit whoredome A wise man no doubt that drew his sword not to punish adulterie or to eschew the slander thereof but rather to inforce his wife and sonne to commit adulterie together My brother ought rather to haue perished then to bee cured so perniciouslie but suppose that if he had lusted after his sister or his mother ought hee to haue had either of them These remedies are more dangerous and more greeuous then danger mischiefe or death it selfe But all this hath ben compacted betwixt the son the betrothed woman and the Phisition who likewise claimed an interest therein And thus the disease the cure and the adulteries proceeded of your follie Declamation 56. Of a man that is found dead in his bed his wife wounded and the accusations together with the witnesse of a child IT chanced that a certaine man being a widdower that had a sonne married his second wife by whom hee had another son and because his first sonne did but badly agree with his mother in law the father gaue him part of his house which was neuerthelesse diuided with a wall so that they were seuerall likewise this old man had a receauer or factor which was a yoong man and a faire so that this man was somewhat suspicious that he loued his wife which iealousie was not a little increased by the sonnes persuasions so that therby oftentimes there chanced such braules betweene them that his â—actor and he were vpon tearmes of parting Wherevpon it happened that shortly after the nieghbors through the wiues exclamatioÌ„s ran into the house where they found the goodman slaine in his bed his wife wounded and so much of the common wall broken downe that a man migh teasily passe thorow it wherefore not only the sonne but also the factor was suspected to be guiltie of this murther and hauing apprehended them both they brought them before the child being of three yeares old who did lie in the same bed and asked him which of them it was that had beate his father the child pointed with his singer vnto the factor wherefore the son accused him for murthering his master but the factor through the breaking of the
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
countrie seeing that the equalitie of voices may acquite malefactors Thou maiest then thanke the law not thine innocencie for thine escape Thou saiest I am acquited and therefore you can neither account me nor call me a paricide I allow it so to be neither will I disherit thee therefore but for thy other vices which are the cause that there are as manie that beleeue thou wouldest haue murthered mee as there bee that doe stand in doubt thereof But who knoweth not that it is a greife for a father to accuse his son to bring him in danger of death although it be his desert What is he then that would be so cruel to accuse him wrongfullie I take God to witnes that as I am verie glad because thou hast escaped punishment so likewise would I take away all occasion to accuse thee anie more and in putting thee away I would take all occasion from thee to murther thy father The sonnes Answere AS there needeth but one voice to condemne me which God hath withheld to defend mine innocencie so is my ioy exceeding great in that I am freed from crime and disgrace as well as from punishment and a verie likelie matter is it that some of the Counsell beleeuing it to bee impossible that a father would euer accuse his sonne wrongfullie haue ben on your side but the other s who considering all men bee subiect to passion and that manie fathers doe imagine that the liues and deaths of their sons ought to be doomed by them and at their choice onelie haue equallie taken my part especiallie because there was no proofe or witnesse against mee And notwithstanding you disherit me because I should alwaies be secretly suspected of infamie wherby it appeareth that your meaning was neuer good towards mee or at the least it is corrupted by such as pretend to bee your heires so that although I am now oppressed by your authoritie I hope that by my patience all men shall know and your selfe wil confesse what a son I both haue ben am and euer shall be and it may bee that time may cause you change your euill opinion if God so please who neuer forsaketh the innocent Declamation 72. Of the sonne who striuing against his father obtained the dignity of Emperor afterwards being taken in the wars and crucified his father is accused to haue betraied him IT is to be considered that amongst our ancestors the dignitie of Emperour was no other then that which we at this day doe call Generall of an armie or Commonwealth the which dignitie was once demaunded by an ancient and valiant man But his sonne resisted him in such sort as hee obtained the place for himselfe and as the Prouerbe saith Mowed the grasse vnder his fathers feet Neuerthelesse they went to the wars together where it chanced the Emperor to be taken by the enemies Whervpon the Commonwealth sent fortie Embassadors to redeeme him vpon any condition whatsoeuer These Embassadors met the Emperors father who told them that he had brought gold to saue his sonnes life but it was too late because he was crucified before he came The Embassadors notwithstanding passed on further they found their Emperor according to his report crucified yet not so thorowly dead but that he said thus vnto them Beware of Treason Who at their returne vpon these words of the sonne accused his father to haue betraied him saying OVr Emperor hath suffered a shamefull death and the traitor hath receiued monie for the reward of his Treason We haue seen this same man more sad to see his sonne pronounced Emperour then sorrie to behold him taken of his enemies How was it possible that thou couldest returne alone being old and ouerladen with monie seeing they did take the Emperor Thou hast receiued more monie then thou couldest well hide but that is no great wonder seeing that in one person thou hast sold both a sonne and an Emperor together Who said vnto vs Beware of Treason but alasse he said it too late Trulie if the enemies had not giuen thee this gold they would haue taken it from thee as well as from others This sentence of the Emperor being readie to die was short and euen for shame verie hardly vttered seeing that thereby he accused his father Why diddest thou escape leauing thy sonne behind thee who was borne to be an Emperour Surelie for no other cause but that hee hindered thee from being one His proceeding against his father by lot and electiue voices was done to no other end but onelie thereby modestlie to shew that from henceforth hee would neither trust thee with the gouernement of the Commonwealth neither yet ought the same trust thee to gouerne it Our Embassadors carried gold thether to redeeme our Emperor and his father brought gold hether which hee receiued for selling him vnto the enemies How happeneth it that thou art not dead or at the least without motion and as it were crucified with thy sonne why diddest thou return so speedilie seeing he was aliue and did yet speake Certainlie his speech bewraied the Treason but his silence indeuoring to conceale the same did better decipher the Traitor that would not once stay the comming of the Embassadors nor yet returne with them againe This good Emperor although hee were crucified yet left not to bee carefull for the Commonwealth And therefore he said take you heed of Treason Behold how he could not conceale the Treason but like a child hee would not name the traitor Thou wilt say that compassion vrged thee to depart so quicklie We would know seeing thou couldest not haue him aliue why thou diddest not at the least redeeme him when hee was dead For neuer was anie enemie so cruell but that he would be moued with a fathers teares and so great a summe of gold together This word Take heed of Treason signifieth beware least anie without the priuitie of your towneguards doe come foorth of your cittie or without the knowledge of the Commonwealth doe goe vnto the enemie or least anie one doe returne from the General of the enemies loden with gold Nothing of this wanteth in all mens iudgement thou hast done al this thou wentest forth of the cittie thou hast ben in the enemies campe thou art returned thence loden with gold the Emperor warned vs of Treason the Embassadors haue disclosed the traitor all doubt is taken away consider onlie O Iudges who did speake who now speaketh and who speaketh not The fathers Answere I Did demand the Empire to saue my sonne from the danger whereinto himselfe hath fallen I know not whether there be anie Treason but you may thinke that if I were culpable therein my sonne would haue as little respect to accuse me as he had to striue with me for the Empire I did carrie monie thether which I haue brought backe againe for seeing my sonne taken I took all the gold which of long time I had hidden in my Nay who will doubt that shee hath not
he had lost his wits I know not whether of these two accidents were the cause of his fall yet am I sure that they are not to be imputed vnto his fault but he is more worthie to be pittied then to be punished What greater crueltie can there bee in the world then not onelie to punish a dead man but such a one as died miserablie We cannot but suspect that he perceiuing the Magistrate did wrongfullie hate him hath therefore shortened his owne daies for if you did not bear him some ill wil what should moue you to goe about to depriue him of that which in the end time will graunt vnto him For euen those which are hanged doe at one time or other not remaine vnburied wherefore Diogenes said well vnto his disciples that demanded of him where he would be buried lay me said he vpon the earth for the same it selfe will in time burie me this your rigor then is more preiudiciall vnto vs that liue then vnto the dead man if the worst happen what can you say of him Or wherewith are you able to accuse him saue onlie that his great misfortune made him to imagine that hee could no way end his miserie but by death But alasse hee was deceiued for although he be dead yet dooth mishap follow him so as he cannot by his sepulchre hide his shame whereby it appeareth that misfortune dooth sooner beat downe the wretched then it dooth the wicked Surelie considering that which is denied vnto him I cannot blame him for being wearie of his life in his death hee hath immitated Cato why thē ought this man to be vnburied more then he In your iudgement then do you thinke that Curtius should haue remained without a sepulchre if in his very death he had not found the same casting himselfe while he was yet aliue into the burning gulfe Who is more miserable then he that whilest he liueth is wearie of his life And who is more vnhappie then he that is dead and wanteth a sepulchre Is it to be wondered at if this man were willing to die seeing that for all he shunneth it mischiefe pursueth him Nature affoordeth a sepulchre vnto all men yea the sea casteth the dead vpon the land to be buried those which are hanged in chaines do by little and little slide down into their graues for in the end they become earth they which are burned the selfesame fire that cōsumeth their bodie dooth burie their bones conuerting them into ashes others are intombed in the bellies of fishes and of other land beastes As it is the office of Magistrats to persecute murtherers so likewise ought they to pittie the murthered If you say that hee which killeth himselfe is a murtherer you must yet consider that hee hath wronged none but himselfe it may bee that hee did procure his owne death for feare least he should be constrained to wrong some other what thing then can example others might bee warned to bee more carefull of their kindred This law was inuented but onelie to terrifie those who neither feared death nor damnation Assure you that he would neuer haue died in that sort vnlesse he had committed some hainous offence for there is no sin so great but that hee which dare kill himselfe will be bold to commit Declamation 77. Of the seruant of Lucullus who thinking to giue his maister a drinke to make him to loue him caused him to become a foole LVcullus was a Romane Senator very rich and wealthy in goods gotten by the warres who both liued most deliciously and also spent more largely then any other Roman but most of all he greatly loued learned men and rewarded them very liberally Wherevpon it chanced that one of his houshold seruants was verie desirous to worke some meanes that hee might likewise chuse him to loue him and the better to effect the same he prepared a certaine loue drinke and made his maister to drinke thereof for that which fooles cannot attaine vnto by vertue they thinke to accomplish by villanie but as from follie there neuer commeth anie thing but mischiefe so happened it by this foolish seruant for in stead of making himselfe to be beloued hee troubled his masters sences because hee knew not how to mingle his drinke aright Wherefore the kindred of Lucullus brought him into iudgement and accused him for poysoning his maister whervnto the seruant replied thus TRue it is that I gaue him a loue drinke but not producing such an accident as hath since vnto him happened and that seruant is in no sort faultie which as much as in him lieth seeketh to procure his maisters fauour prouided that it be not to his hurt the drinke which I haue giuen him hath ben tried by manie and may yet be proued by more I meant neither to hurt my maisters bodie nor to trouble his mind seeing that I neuer hoped for any good in the world but from him but those which gape for his lands after his death or that desire to haue the managing of his goods during his life haue taken occasion by this my potion to giue him some other drinke that vnto his sences hath ben more pernicious that therby they might both defraud me of my hoped good intention also accomplish their wicked expectation who hath euer heard that to loue ones maister well and to desire to be beloued of him should be an offence and so much the rather was my meaning lawfull because I neither haue loued him nor desired his loue for any couetousnesse but to gaine this onlie good alwaies to do vnto him most faithfull most humble and acceptable seruice but as there is no word well spoken which is badlie construed so there is nothing well done if it be taken in ill part or sinisterly wrested which is so much the sooner done because the most part of men do not iudge according to the meaning but according to the issue of our actions although he which hath done them bee in no sort faultie But I beseech you worthie Iudges to consider what reason there is to accuse him for a malefactor who hath giuen the loue drinke and not once to seeke out or to inquire after him that hath giuen the noisome and hurtfull drinke Thinke you if I mous as Lucullus was What theft can be more manifest then in desiring to vsurpe a loue so worthie being thy selfe in all points so worthlesse We doe in deed confesse that the seruant is permitted to loue his maister and by his good seruice to winne his maisters loue but it is not lawful to inforce the loue of any man how much lesse then is it for a seruant to constraine his maister So that as well the intention as the issue of thy deed appeareth to be damnable and there is no need to inquire who gaue the pestilent potion seeing thou diddest it thine owne selfe and that thou canst not denie the same moreouer that which thou confessest to haue done is no signe that
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
thereof and they which will liue after their owne mind haue neuer inough of which number thou art one and that hath caused thee to cast away my son so miserablie for the which I demand iustice The Merchants Answere WHy doest thou persecute me O thou woman for a mischance that displeaseth mee no lesse then it doth thee If it were otherwise might not I haue kept this gold and haue made thee beleeue that thy son had ben run away from me Yea and that he had robbed me or els that hee had died by some other accident then couldest thou well haue indured thy sonnes losse together with thy poore life but indeed thou verifiest the old Prouerb which saith That a woman is extream in all things and that likewise shee commonly chuseth the worst whereby I might haue been better aduised when I told thee of this mishap being therfore no lesse sorrowfull then thy selfe for to say the truth it was a great lamentable mischance and now I doe verie well know how vnseemely it is for anie man to say I had not thought because euery wise man thinketh vpon euerie thing before hee doe anie thing Notwithstanding I dare affirme that few men would euer haue supposed that of a child there might be poyson made to kill men and surely I doubt whether thou art to bee blamed or no for bearing such a one for such children are begotten by vnlawfull coniunction when the woman is in her wicked disposition Furthermore if my son should haue persuaded mee to leaue him with that Turke I know not whether I should haue done it yea or no. Lastly I suffered him to doe what he would thinking it should haue beene for his profit and thine our deedes ought to bee measured by our good or bad meaning and not according to the euent therof and say not that a Turke dooth neuer buy a Christian to doe him anie good for manie slaues doe there become great lords and gouernors of Prouinces thy sonne would not credit my counsell and although I had not consented vnto his request yet would he haue left me to accomplish it the couetousnesse was in him and not in me hardlie may he bee either counselled or corrected that is naturallie enclined to wickednesse as hee was and I beleeue that hee had that from thee seeing that to the death of thy sonne thou wouldest ad the destruction of the dearest friend that thou hast in the wortd and who in stead of thy sonne and husband would bee the stay of thine age and alwaies helpefull vnto thee But it is trulie said women naturallie can neuer forgiue a fault nor acknowledge anie seruice or fauour that is done vnto thē Declamation 80. Of him that agreed to behead his father after his father refused to doe the like by him IT chanced that a father his son were both conuinced of treason for the which they were condemned to die neuertheles as they were readie to bee executed the Iudges being inclined to mercie rather then rigor were willing to saue one of them saying that the griefe which hee should haue that might see his kinsman die would serue for a sufficient punishment and to encrease the same they feigned that the one of them should be the others executioner they put it vnto their choice who should be the executioner and who the partie to be executed wherefore either of them striued a great while who should be the partie to be executed but in the end the son agreed to the death of his father and according to the decree would haue beheaded him the which the Iudges perceiuing they caused the execution to bee staied and pardoned the father and sent for the hangman to behead the sonne but the father defended him saying YOu ought not O you Iudges to pronounce your sentences in manner of a mockerie or by the ambiguitie or reuocation of them to increase the affliction of the afflicted vnder a coulour of moderating iustice with mercie if mine offence be not worthie of death why will you make me suffer many That is to say one in seeing the extremitie of the choice wherevnto you haue put vs another in contemning my life and offering vp my necke at naught to be cut of by my son and the third in seeing him to be condemned for being willing to accomplish your sentence If it bee a cruell deed to see a sonne execute his father that thereby hee might haue his owne life saued a greater cruelty would it be for the father to kill the sonne Wherefore O you Iudges you should not haue giuen so cruell a sentence but can you blame a child if to saue the prime time of his youth he doe not spare the withered age of his father whose yeares are not manie and they miserable For to say the truth age is an incurable maladie but although it were not yet sure griefe and dispaire would be my destruction if you haue anie children consider then what our miserie is And if you haue none learn of those which haue them what the affection of fathers towards their children is And then may you know that the extremitie of the choice which we haue beene put vnto without encreasing our miserie is sufficient to make vs seem more worthie of present pittie thē of further punishment Not in vain did Lisander of Sparta say vnto him that found him childishlie playing with his children I pray thee quoth hee doe not disclose this my follie at anie time vnlesse it be when thou hast children as wel as I for that discreet personage did very wel know that those which haue no children doe neuer know how great the father and childrens loue is one vnto another the which doth wax more feruent as our years and age increaseth wherefore it is no great wonder if my son hath consented to doe that which I could neuer agree vnto seeing that his yeares are all too yong as yet to vnderstand so wel as I what true affection meaneth therefore I cannot beleeue that he whom Manlius Torquatus caused to be beheaded to manifest his care in obseruing militarie discipline could assuredlie be his own son the which perchance himselfe did well vnderstand for that cause hee found occasion at one stroke to be both reuēged of the mother in grieuing her with the slaughter of her sonne the cause and witnesse of his sorrow and also by the same means to gaine an immortall memorie I say memorie because such kind of crueltie is not to be tearmed glorie But how many are there who for want of yeares and discretion haue conspired their fathers death and yet haue not beene compelled therevnto as this my sonne was but onlie either for the desire of rule or greedinesse of goods notwithstanding there was neuer anie father so cruell as to punish his sonne for all that except Herod that abhominable monster more cruell then anie brute beast But Dauid did not he weepe for his sonne Absolon by whom
he had receaued so manie detestable persecutions and iniuries Must there then be a quarrell taken because I haue ben more pittiful then my sonne who neuerthelesse would not do anie thing without my commandement by the dutie whcih he ought vnto me which hath chieflie induced him heretofore to commit that offence for which we are both condemned Lastlie reason willeth that your last sentence be not reuoked for no sentēce ought euer to be reuoked to the hinderance or preiudice of such as are to suffer if one of vs must die it is I that ought so to doe seeing that I was first born and being the elder I haue offended through malice but he through ignorance I willinglie and he in obeying me I then being the onlie cause that both hee and I haue offended it is requisit that I onlie should die for both our misdeeds and neuer imagine that my sonne doth for all that escape vnpunished for as all my miserie shall in my death haue an end so shall his calamitie in liuing together with his yeares dailie more and more increase as well in grieuing that hee hath offended the Commonwealth as that he hath ben constrained to kill his father by their commandement who ought to abhorre the onelie thought of so execrable a crueltie The answere of the Iudges OVr sentence was not pronounced by way of mockerie neither was it reuoked to encrease your miseries but onlie to know seeing you are both twaine worthie to die whether of you is most vnworthie to liue for mercie which assuageth Iustice ought alwaies to be extended towards him that is least culpable Wherefore finding your sonne more faultie then you we haue appointed him to die yet not by your hands for we know that the same were rather crueltie then iustice but we haue hereby made a certaine triall whether there were anie vertue remaining in him when in consenting vnto your death he hath bewraied his vngraciousnesse so that except you bee yet an enemie to your countrie you ought not to bewaile the death of a man so wicked or a sonne so worthlesse but we plainlie perceiue that euerie one fauoureth such as himselfe is and that you will neuer surceasse to hate the Commonwealth so that it will bee no great losse although you should as you say die with griefe for such a losse shall be more profitable to all then hurtfull to anie likewise of two wicked men we had rather saue him that by course of nature will die the soonest and which hath little time and lesse strength to accomplish his wicked purpose We haue children but if wee did know that they would euer bee like vnto you or your sonne wee would presentlie doe with them as wee will with him and as wee ought to doe with you they are to bee pittied which are poore and miserable not such as are wicked and malefactors for as to afflict the good it is an act of crueltie so to punish the bad is a deed of charitie we doe not cause your sonne to die for being willing to accomplish our sentence as you say but because he being alreadie worthie of death the same doth make him more worthie and wee doe saue you by our speciall grace because you would not kill him shewing your selfe at the least a better father then he is a sonne and the dutie which he ought vnto you can bee no excuse for him for it is verie apparent that he would hardlie euer haue obeied you had you commanded him to doe anie good true it is that neuer anie sentence is to bee reuoked to the hinderance of the good but as wee haue moderated the first to saue the life of one of you so is it lawful for vs now to applie the other in such sort that he may die which is most wicked Also the choice which we doe put you vnto cannot bee called crueltie seeing that it was not to that end that it should be so effected neither was the same anie suddaine inuention of our owne thoughts but it is to bee considered that the wickednes of malefactors causeth the iudges to inuent new extraordinary punishments thereby to represse vice the sooner To conclude if you thinke that we do you any wrong you may appeale vnto those who haue as great authoritie ouer vs as ouer you Declamation 81. Of a Chirurgion who murthered a man to see the mouing of a quicke heart THere was in Padua a most cunning Chirurgion excelling all others of his time who hauing made wonderfull experiences of his art for no lesse is the desire of cunning then is couetous of coine had also a wonderfull great desire to open a liue man that he might perfectly know the motion of the heart wherevpon hee made diuers and sundrie requests vnto the Senat of Venice that they would grant vnto him some condemned malefactor to make therewith this his desired experience but he could neuer obtaine the same at their hands for the Venetians are by nature not only pittifull but also somewhat supersticious But these refusals did but the more encrease the longing of this Chirurgion for to say the truth euery haulty spirit are in that like vnto women who doe for the most part couet after that which they are forbidden to touch So that hee being still in this rauing or rather longing there came vnto his doore a poore souldiour very well proportioned and of a sound bodie comming newly from the wars and demanded his almes of the Chirurgion who caused him to come in and cherished him secretly some three daies after his owne fantasie afterwards hauing brought him downe into a caue he caused him by certaine fellows hired for that purpose to be bound vnto a post and opening him aliue he saw that in him which he so greatly desired but as no murther can euer remaine vndisclosed long so it happened that one of his confederats was taken for some other crime and being vpon the racke he amongst other matters reuealed the murther which he his companions and the Chirurgion had committed wherevpon they were all taken and the Chirurgion confessed the fact saying TRue it is most iust Iudge and you worthie Senators that I haue ben the death of one man to saue the liues of an infinit number of others not onelie by the cures which I hope to performe during my life but by that which I will leaue behind mee in writing after my death wherefore it may bee said that hauing made an experience so notable and profitable I haue done worthilie but hauing killed a guiltles man I haue done wickedly I confesse it and would confesse to haue offended more hainouslie if I had not more then once intreated that to preuent a further mischiefe I might haue beene allowed to make this triall vpon some condemned malefactor the which I was neuer permitted to doe some one may answere must you therefore kill an innocent Or doe that by your owne authoritie which a whole Senate would neuer
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
bringeth an example saieng that in such a case he would not spare his owne sonne by that meanes indeuouring to persuade thē to stone me hauing once imprinted it in your hearts he faineth himself desirous to saue me knowing verie well that all his counterfait speeches tend to no other end but onlie to animate you against me neuerthelesse fearing least he had moued you vnto some pittie he first setteth downe the chastisement before hee nameth me then he somewhat doubtfullie affirmeth his saieng to be true vrging me to confesse that which neuer was Whereof I take to witnesse both the celestiall and infernal gods iust reuengers of committed treasons imploring their most iust vengeance against him that did neuer before this present houre know that anie gold sent from the Troians was in our campe But you may beleeue O you Grecians that Vlisses to be reuēged of me for discouering his deceit when he fained himselfe mad because he would not come vnto the warres that he I say as himselfe affirmeth hauing beene oftentimes within the cittie of Troy where he hath his intelligences did bring this gold from thence and whilest I was in the battaile he did burie the same vnder my pauillion the which as it is not the first treason which he hath plotted so will it not be the last that he intendeth to performe if you do but suffer him therein for sure he is one of those who in doing euill doe imagine their euill deeds will neuer be espied because he hath so great a confidence in his foxlike sleights that there is no wickednesse which he dare not attempt and the gods grant O Grecians that he doe not one day commit the same treason which he falselie obiecteth against me To conclude I pray you worthie Grecians thorowlie to consider all my passed actions and to beleeue that I had rather endure the cruellest death that might be imagined then I should euer haue had the thought to commit anie Treason Be you then assured that what good or hurt soeuer you shall doe vnto me it shall be done vnto such a one as neuer thought vpon anie thing but what was for the common good of our countrie the which I haue euermore preferred before mine own cōmoditie Notwithstanding the deniall of Palamedes hee was stoned Declamation 97. Of the Romane Dictator who would haue put the master of the horsemen to death because he fought against his commandement LVcius Papirius Cursor being created the two and fortith Dictator in Rome to make warre against the Samnites Quintus Fabius Rutilianus was made Maister of the horse being a yoong and valiant gentleman It chanced after a certaine battaile and the taking of some citties that the Dictator went to Rome to marke the disposition of the aire thereby to know what lucke they should haue leauing the said Maister of the horse in the campe with expresse commaundement that he should not attempt any thing vntill his returne But he being departed there was so faire an occasion offered as Fabius gaue the battaile and won it wholy afterwards hauing caused all the armes of the dead enemies to be burned hee wrot vnto the Senat of his victorie neglecting the Dictator who being returned vnto the campe hee deliuered him into the hands of the Lictor to bee beaten with rods and to strike off his head but as his apparrell was pulling off hee escaped hiding him amongst the souldiours and afterwards by night fled vnto Rome whether the Dictator followed him and hauing caused him to bee brought before his iudgement seat hee would haue condemned him againe but the father of Fabius accompanying him in mourning weeds and hauing recommended him vnto the people tooke vpon him the defence of his sonne saying HOw great the miserie of man is may appeare by the linage of the Fabij who haue ben euermore troubled for the zeale which they had vnto the Commonwealth First Quintus Fabius hauing done manie worthie acts as well at home with his Counsell as abroad in the wars by his courage died in fighting against the Tuscanes where all the Fabians were noted to be famous and especiallie Marcus Fabius who caused the Romane souldiors to sweare not to giue ouer fighting vnlesse they were conquerors and being seconded by Ceson Fabius making head against his enemie brought the Romans backe againe who contrarie to their oath were readie to turne their backs which in the end was the cause of the victorie and because all that linage was carefull to cherish and heale the wounded souldiors they were esteemed and suspected to bee Plebeians I ceasse to report what they did both before and after but I will onelie tell how they tooke vpon them an enterprise that they alone would defend Rome frō the insolencie of the Veians and there issued forth together three hundred and six kinsmen who died all in the said defence and there remained no more of all the Fabians aliue but my father that was in Rome who alasse hath since that time replenished the world and restored vnto the Commonwealth this no lesse miserable then noble linage How much better had it ben for him to haue died with the rest if we must alwaies for our good seruice be subiect to the reproches of some or to the persecution of other or rather since we are no lesse troubled in resisting the malice of the Cittizens then wee are in fighting against our enemies behold my sonne here who hauing vanquished the enemie is adiudged to die by the Dictator and wherefore Because hee hath done that which the Commonwealth not onlie desired but also that which it most stood in need of He is the conqueror now alas it is thought expedient that a shamefull and violent death should be a reward of his conquest at the wil and pleasure of one onlie man The Patricians and people reioice at his victorie enioying the benefit thereof the souldior is partaker of the same and the Dictator alone would haue him to die as if the Commonwealths good were his hurt or as if a Patricians renoume were his reproch or as if the glory of the master of the horse did not increase the worthinesse of the Dictator Surely if the Romans take this course which the gods forbid they need no other enemies but themselues Marcus Furius Camillus that great protector of Rome did not onelie succour Lucius Fuluius who fought against his intention but also made him partaker of his victorie and shortlie after did chuse him for his companion in the warres of Tuscula such was the magnanimitie of this great Roman redeemer of his countrie to excuse the faults which are committed by youth for he did verie well know that there was no lesse courage in him to pardon a great offence then to combat and ouercome a great armie of enemies Doe you then noble Dictator imitate that most worthie man Dispise not the whole Senat that requesteth you refuse not the Patricians the Tribuns the people also that