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
sifted out the truth which at the last by time is now brought to light as he hath ben cruel to torment and readie to execute these poore innocents neither had they died so shamefullie nor he liued to haue been charged for the crime of their death but who may henceforth beleeue that the verie wicked ones can be rightlie iudged when the good haue beene so wilfullie cast away Doe so much then O you rightful iudges that this vniust iudge may be no more neither of your number nor of the number of men vnlesse you will all be partakers both of his crime and of his dishonor The Answere OF a truth that Commonwealth is miserable where the iudges are such as you say and most happie where they doe in no sort swarue from the laws and customes long since allowed of which I haue wholly obserued and kept For the law commandeth and the custome is that euerie man suspected of crime whereof there is a verie apparent sufficient likelihood should be put vnto the racke although the iudge were neuar so well persuaded of his innocencie and confessing the same both vpon the racke and when he is taken off that then he should be punished surelie if I haue otherwise proceeded I am faultie but hauing not done amisse I accuse you for wronging me and require that you make me amends for dishonouring me consider that it is in a manner an offence for anie man to liue so loselie as that he may be suspected to be a malefactor such haue your kinsmen ben for they were not onlie suspected of me but generallie of all men and it may be of your selues for you neuer offered to approue their innocencie vntill after their death They should haue taken heed that they might not haue been suspected In Athens and Rome although Aristides and Cato had ben accused of murther yet neither the iudges nor the people would euer haue beleeued it so much is the opinion of a man his sinceritie able to do which good opinion was neuer had of your kinsmen moreouer they should not haue confessed the fact with their own mouths know you not that the iudge must not be partiall on neither side But he must iudge according to the witnesse of others and the prisoners owne confession complaine then vpon those who haue brought in such sufficient proofe as caused them to be racked complaine also vpon their impatience and cowardlinesse in that they would not indure the torture of the racke rather then die vpon the gallowes I know well inough what regard is to be had before we pronounce the sentence of death against anie man As concerning Nero it is well knowne that it was but hipocrisie in him although he seemed to haue a certaine horror when he signed the sentence of anie condemned man for afterwards it was apparently seene that he caused manie innocents and men of worth to die and I verilie beleeue that he would haue made no difficultie at al vnlesse the partie condemned had beene a notable wicked fellow for euerie one do loue such as are like vnto themselues I did not prolong the execution because I would not increase the affliction of the miserable by long imprisonment as all iudges doe who are not subiect to corruption for the prolonging of a malefactors life is both irksome and hurtfull vnto him To conclude let their processe be throughlie examined and if I haue done anie iniustice I do submit my selfe to be punished if not then I appoint these my accusers to be so serued Declamation 27. Of him that falling downe from the top of his house slew another man against whom the sonne of the slaine man demandeth iustice IT happened that in the countrie of the Switzers a certaine countrieman being got vpon the top of his house to see what reparation was wanting fell downe by mischance vpon another man who happened to walke vnder the same house with his fall he slew him but himselfe escaped The son of the dead man caused the other to be imprisoned and required that he might be put to death according to the law which saith that euerie mankiller ought to die and he would not take anie other amends or satisfaction the iudge of that place seeing his most cruell obstinacie gaue sentence that the said plaintife should ascend vp to the top of the same house and throwing himselfe downe vpon the defendant should kill him if he could The plaintife appealing before the Seignorie of Berne saith MY lords I beseech you to consider what men our iudges are who in steed of doing iustice for the death of one of your subiects will further ad therevnto the death of another or at the least compell him with the danger of his life to be the executioner of himselfe or of another or it may be of both twaine together which is a thing most abhominable and against all reason Who hath euer heard that the punishment of a murtherer hath ben executed in this sort And that there was euer anie honest man that on a suddaine was commanded to play the hangman and to performe an execution so strange They say that he fell downe by mischance as for me I thinke that he did willinglie throw himselfe downe vpon malice for els hee would at the least haue giuen warning vnto all men as his dutie was that he meant to goe vp to the top of his house that they might haue taken heed of anie inconuenience that might chance as wel by the falling of the tiles as of the like of this that now is happened but if it were true that hee fell by mischance why should not he haue beene slaine as well as my father Consider my lords that the malice of men was neuer so great as at this day it is and that they deuiâ—e manie means how they may hurt one another and especiallie those in whom malice is rooted which is neuer showne but when it maie doe most hurt The Answere COnsider my Lords the malice together with the ignorance of this man who heaping mischiefe vpon mischief would make of one mischance twaine Is it not inough that one honest man be dead But that another must against reason die also Must the Commonwealth be in such sort maintained Were it not better that this man should be preserued to helpe to defend the countrie if need were Do we not know that somtimes one man is more woorth then an hundred Is not he of the same lumpe as they were who in times past by their valiant deeds in armes were able to winne that libertie which we do now inioy Thanks be to God and to the inuiolable iustice of this most noble Senat Suffer not then my lords the will of this foolish malicious man to be fulfilled vnto whom the defendant hath offered such a satisfaction as is more then reasonable but he being void of all reason hath by his most greeuous obstinacie constrained vs to giue this sentence which was no lesse
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
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
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
mittigated your choler and restored your vnderstanding whereof now I may well say you are depriued or at the least that the same is mightily deminished The Answere THou saiest that the maidēs father was more wronged then was I I graunt it yet canst thou not likewise deny but that I haue greater cause of offence thē he for thy force did take away the maidens shame but I shall bee euer dishonoured to haue begotten a son so dissolute that hath displeased his father wronged a Cittizen defloured a virgin defamed his stocke and giuen cause of offence vnto the Commonwealth It is thou that wantedst thy wits seeing thou couldest not know that at one instant thou shouldest not haue committed so many mischiefes together and most mad thou wert if in knowing the same thou couldest not shun the same but heaping one offence vpon another thou wouldest slander me to haue lost my wits whereby it appeareth that as vertues so are vices linked together Thou accusest me before I haue condemned thee the tearme is not yet expired I do very well know that thy life and death are yet in my choice Haue I then lost mine vnderstanding wherfore doest thou tremble why doth thy tongue faulter For what cause are thine eies troubled The thirtieth day is not yet come but wherefore wouldest thou that anie man should pittie thee seeing thou wert pittilesse vnto the damsell who when thou diddest rauish her shewed no lesse sorrow then thou doest now Wherefore couldest not thou consider what vice is at the first as well as at the last which is alwaies a present pleasure but a parting paine leauing alwaies either some scourge or at the least a moste sound sorrow accompained with a horrible fear but although I should leaue thee thy life dost thou thinke to remain vnpunished will not thin own consience torment thee far worse then any hangman would Nay why should I graunt that vnto mine enemie which I haue denied vnto my sonne For seeing thou accusest me thou canst not be rightly tearmed my friend much lesse my sonne Is it to be wondered at if I rest doubtfull seeing that the law it selfe hath neither determined thy death nor concluded thy marriage Thou hast alwaies behaued thy selfe as if thou haddest ben allowed to doe anie sinne thou hast not yet intreated me as thou oughtest but hast rather requested the other his friendship then my fauour and hauing first appeased his furie thou afterwards thoughtest assuredly to constrain me to winck at thy fault Would a foole consider thus much Tel me then wherin I am a foole Haue I liued badly or committed such follie as thou hast Haue I forgotten the lawes Haue I not counted thy daies Can I not prooue wherefore thou art vnworthie of my fauor demanding it after such a fashion I haue consulted with our kinred I haue deuised with our friends alasse what paines haue I taken to perform a fathers dutie Ah me most miserable seeing that my anger is so iust that I cannot yet forget it I do not wonder although thou hast appeased the maidens father for it is easier to pardon an iniurie then a crime yea when he came to entreat for thee his kindnesse did the more harden my heart against thee for me thought that a man so honest ought in no sort to be harmed thou tellest me that the time is short how then couldest thou find so much leasure as to accuse me Doe men appease their misdeeds after such a manner Is that the way to obtaine fauour Doest thou now thinke it fit to entreat But tell me wherefore am I besides my wits Is it because I haue not pardoned thee The time is not yet past I may yet pardon thee although thou art vnworthie seeing thou accusest mee before I haue hurt thee Declamation 64. Of the husband that did put away his wife who being tortured did yet saue his life in not confessing that he pretended to murther the Tyrant A Tyrant being suspitious that a Cittizen pretended his death caused him to be apprehended and committed him to prison and there tortured him to cause him to confesse his conspiracie and who were his confederats but the Cittizen would not confesse any thing whereupon the Tyrant did also cause the Citizens wife to be tortured who in like sort would confesse nothing wherefore they were deliuered and set at libertie Within a short time after the said Cittizen killed the Tyrant and being greatly rewarded and honoured by the Commonwealth for the deed he put away his wife as one that was barren because she had ben fiue yeares with him and neuer conceiued anie child For which cause shee accused him of ingratiude saying THat which the Tyrant was vnwilling to doe hee that killed the Tyrant would doe to shew himself more vniust then was hee hee would frustrate our marriage which at his owne request and intreat was solemnized and to manifest his ingratitude the more hee would needs stay vntill he stood indebted vnto mee for his life if he ment to forsake me he should haue put me away before I had ben tortured for his loue the which torture is cause of my barrennesse O miserable woman that I am seeing that my kindnesse hath procured mee care and my good deeds turneth vnto my decay Is it not verie well knowne that the constancie of my courage and the silence of my tongue haue ben the onely ouerthrow of the Tyrant I then being the cause that the Tyrant can no more break the marriages of others why should mine be suffered to be broken But who is ignorant that during the Tyrants life the barren were esteemed most happie because they could not see their children rauished at the Tyrants pleasure True it is that I haue borne no children for the Commonwealth but I dare affirm that I am the cause that manie are and shall be borne and that henceforth there shall bee no more taken from it The Tyrant suspected my husband his intention because either hee had disclosed something or els his countenance or behauiour discouered his pretence but yet in anie sort hee cannot complaine of his wiues tatling no not when she was in her extreamest torments I had alwaies more respect vnto my husband that was absent then vnto the Tyrant who was present being more carefull of his health then fearefull of mine own hurt But who can expresse all the preparation that was made for instruments of crueltie able inough to daunt the courages of many men to terrifie the constancie of a feminine heart the whips tearing my flesh the fire the yron shoes the whot egs vnder mine armholes the buskins the trestles the pullies the cords the napkin water oile and the hangmen yet all these together could neuer draw one onely word from me to the preiudice of my husband but prouing by liuely reasons the contrarie of all that was of me demanded I was the cause of his deliuerance wherefore doth he vaunt that he hath slaine the Tyrant
that which I alleaged in my owne defence was more to saue my life then to salue the law which being once corrupted would be farre more preiudiciall vnto others then vnto me who if the worst doe chance can haue but a bad choice when I must be constrained either to marry such a one as desireth my death or els die for one whō I loued too dearely Thou art not only the procurer of my shame but also of my slaughter for the scaffold the hangman the sword the bands and lastly my death are all readie prepared for mee and that onely by thy meanes Will not al men thinkst thou say these are too manie euils to be borne at one time vnlesse thou mightest be likewise a partaker therof Doost thou not know that ouerferuent loue depriueth a man of his vnderstanding And that the law neuer punisheth those that offend for want of wit They then are to be punished that offend through malice or hatred and not such as sinne through want of discretion or too much loue Thou seekest my death because I denied the deed but I say my deniall maketh me more worthie to be excused for thou canst not say but that it proceeded either for want of remembrance of the deed being void of sence when I did it or els because I was sorrie or rather ashamed for mine offence wherefore if the worst doe happen the one cause freeth me from punishment and the other maketh me worthie to bee pardoned seeing that to euery noble heart sorrow shame and repentance for misdeeds are three punishments more worse thē death which doth speedilie free vs from all miserie and impossible is it for anie man to escape it how soone or late soeuer it commeth nay rather in prolonging of our liues we lengthen out our miserie But I pray thee tell me seeing thou hast chosen me for thy husband am I not the same Wherefore then wilt thou kill thy husband when thou meantest to saue thy rauisher Therfore I may say that herein thou resemblest the shee wolfe When thou diddest demand mee for thy husband thou diddest not then know me to be honest and shamefast or that I would doe my best to conceale thy shame and my discredit and now thou hast tried mine honestie thou seekest mine ouerthrow so that it seemeth thou art more angrie in that I am ashamed of my follie then thou art aggreeued with my fault why art thou angrie Doest thou not know that loue wine and women do make the wisest witlesse as Salomon Sampson Hercules Lot Noe and an infinit number besides doe witnesse likewise the night is void of shame so that it is lawfull by day to denie the faults of the darke Thou diddest chuse me for thy husband therefore thou maist not reuoke thy choice nor the iudge his sentence nothing can be more politick or profitable in a Common-wealth then the performance of euerie sentence that is giuen and the obseruation of ancient lawes Whereby I conclude that if thou be permitted to chuse twice the law is false for neuer did anie maid doe the like then seeing thou art no better then others thou oughtest to obtaine no more then they The maidens Answere I Knowing thy malice and that he which is not ashamed to commit a fault wil neuer be ashamed to denie the fact did not chuse thy death which thou deseruedst but thy wedding whereof thou art vnworthie thereby to make thee acknowledge thine offence the which thou wouldest neuer haue done haddest thou not ben conuinced by most apparent witnesse so that it cannot be said that thou meantest to hide my discredit but rather to make it more euident by the testimonie of diuers and thou diddest not care if I had been found a lier They which are ashamed sorrie or repentant for their misdeeds haue not the face to denie so audiciouslie their misdemeanors but thereby it appeareth that before thou diddest commit the fact thou thoughtest to escape by thy falshood My choice was of no value seeing the crime was not verified neither art thou my husband seeing by thy deniall thou hast affirmed that I had no action at all to demand thee I do craue then the death of the malefactor that would not take the aduantage of my mercie Likewise the law maketh no mention how manie times I am to make my choise but onlie that I may chuse the one or the other must not the choise for the offence be effectuall it hath not yet been because that hee himselfe would not haue it effected I haue not then chosen but indeuoured to chuse if hee had not by his deniall hindered my choise Yet now seeing the deed is no more doubtfull I doe chuse his death as well because in going about to prooue my allegation false he sought to take away my life or to take me with double infamie the iudge cannot giue away my right therefore in causing him to die he shall satisfie those points which he saith are requisit in a Common-wealth Declamation 69. Of him that would be paied for his house wherein a Tyrant was burned A Tyrant seeing that he was besieged in his castle or fortresse fled vnto a Cittizens house to hide himselfe Some one of the tounsmen being aduertised thereof burned the house and the Tyrant within it for which deed hee obtained both the honour gained the reward belonging therevnto and likewise receiued many presents and gifts from the citizens Which when hee whose house was burned did perceiue he required to be satisfied for his losse by him that set it on fire but the other refused to pay him any thing at all saying VVHerefore diddest thou receiue the Tyrant Why couldest thou not driue him foorth or slay him What was the reason that hee fled to thy house rather then to another mans What cause had he to think himselfe more sure in thy weak cottage then in a strong castle Why doest thou esteeme thy house better then the Commonwealths benefit Must you that neither killed the Tyrant nor yet reuealed nor brought him forth that he might be slaine be partner of the reward I affirm and do verily suppose that thou bewailest his death and it is verie likely that either thou wast his friend or his seruant at the least thou canst not denie but that thou wast his host yea and I assuredly beleeue that thou didst watch of purpose to saue him from perill a mā might easily accuse thee to be one of his confederats and that thou diddest offer him thy house seeing that therein he thought himself more sure then in anie other house besides It were farre better that one hundred houses much fairer thē thine should be vtterlie lost then so vild a Tyrant as he should be yet liuing Nay it were better to see a citie quite raced down to the earth then the Cittizens should bee continuallie spoiled by tyrannous crueltie without all hope of amendment Seeing then that for the common good so great losses are so
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
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
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