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
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
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
child Wherevpon he made the said Leideric knight and created him Earle of Flanders Now saith the historie that the eldest sonne of the said Earle being old inough to court ladies did meet before the court gates with a woman that had a small basket of fruit to sell which he tooke from her and carried vp vnto the gentlewomen The poore woman staied for money for her said fruit so long vntill it grew towards night and then departing homeward she lost her selfe in the forrest so as she could not find her house vntill the next morning when comming home she found her child dead for want of the teat Wherevpon she complained vnto the Earle he fained to carrie his said sonne abroad to tourney but passing thorow the forrest he caused him to be hanged Wherefore let vs suppose that the people accused the Earle vnto the king in this sort EVery cruelty if it may please your Maiestie is assuredly very odious but that which the father committeth against his owne child is most execrable for the father his kindnesse ought to exceed all other loue imitating therein the loue which God did beare vnto man for the saluation of whom he hath not spared his only begotten son our Lord and Redeemer whose example they are more bound to follow that are chosen to rule others then those which are more base in condition because the people for the most part doe conforme themselues to immitate their actions which command and especially the bad before the good Wherevpon it followeth that he which commandeth ouer a Commonwealth or prouince cannot offend in any meane sort especially if his offence be publike more if the cause be not ouer great but most of all if it be such a vice as degenerateth from the nature of man all which said faults are found in this detestable deed of our Earle hauing wrongfullie put to death his owne son and what sonne Euen his eldest sonne and the same which should haue succeeded him and bene our Earle But what offence can bee more publike then to cause his sonne to die by the most shamefull death in the world For by the halter are theeues executed and yet he had no such cause to put him to death seeing that notwithstanding his fault was remedilesse moreouer there is no â—ice thought more vnbeseeming a man then crueltie and there is no greater cruelty theÌ„ that which is committed against a mans owne blood the which crueltie is not only done against himselfe against his sonne and against vs in putting our Prince to death but also against the mother and brethren of the Prince and that which worst is against your Maiestie hauing executed the sonne of your daughter your nephew and your subiect who in processe of time might haue done good seruice vnto your crowne and state Wherefore this tyrant hath not only shewed crueltie vnto all these aboue named but he hath further manifested his ingratitude vnto his king and soueraigne vnto your Maiestie I say who hath made him noble by knighting him creating him Earle of this countrie and accepting him for your sonne in law What punishment deserueth not a crime so manifest committed against the person of such a monarch But who is so ignorant that will not affirme that in this action froward fortune hath rather beene the cause of the mischeife happened vnto this woman than the prince himselfe or els it was her negligence or ill hap or the desteny of the infant What meant she to stay so long Did not she know where to haue found the Prince the next day Had she lost her money by staying for it But to be short this woman did shew her selfe to be both cruell and obstinate as their sex are for the most part and it may be she staied so long tatling with some of her gossips and boasting that the Prince had bought her fruit as night ouertooke her before she was aware for the prattle of a woman is oftentimes without measure But were it that the Prince his fault were farre more manifest and hainous then it is yet is the cause to be iudged by none but by the king only or by such as should by his Maiestie be deputed and appointed for iudges and it is more vnfit that the father should be iudge of his child then any other because either too exceeding loue or too extreame rage may ouerrule him for when he is angry with those whome he loueth his anger proueth more vehement and dangerous towards them then against others Likewise no iudgement ought to be pronounced without counsell and due informations But what proofes was brought against our prince Where are those which were called to consult vpon iudgement or to giue aduice that he ought to die Alas the father and the hangman were both Iurie Iudge and Executioner Well God graunt this mischiefe proceed not from some other ground that is to say least some old malice long since conceiued hath not made the father to find this occasion to destroy his son it may be chiefely to aduance his second sonne whom he loued better I passe ouer in silence how hee hath secretly endeuoured to haue the world suppose that the same was none of his son therby meaning to slander your daughter for those which know themselues inferiour to their wiues doe neuer loue them heartily but seeke all the meanes they can to make them lesse esteemed and especially such as are ingratefull of whom this Tyrant sheweth himselfe to be the chiefest It may be said that it is not lawfull to accuse any man by coniecture but what vilenesse may not a man imagine by such a one seeing that like as vertues are knit together so do vices follow one another To conclude dread soueraigne we doe better feele this wrong done to your Maiestie to your daughter to her children and to our selues then we are able to expresse the same in words but our iust teares together with our silence demand iustice of your highnesse The answere of the Earle AS nothing surely can be more odious or degenerating from the nature of man then crueltie so also is nothing more necessarie for humane conuersation then iustice ioined with wisedome for indeed without it iustice seemeth to bee no better then crueltie as wisedome also without iustice is esteemed no other then meere malice yet holding these two vertues linked together a man may put his owne child to death and not be taxed of crueltie but rather praised for his pietie and loue towards them and Common-wealth And such were the Numantines accounted for slaying their children rather then they would leaue them for slaues So was Virginius who killed his daughter to saue her chastitie I passe ouer Manlius Torquatus Posthumius and diuers others who put their owne children to death onely for the zeale they had vnto the obseruation of militarie discipline yet for all that not any of all these haue beene iudged to be cruell or worthy of blame but on the
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
to be robbed by him but seeing the contrarie wee haue iudged that it is no lesse fit to reuenge the wrongs done vnto the gods then it is to pay their seruices Wee are not the cause that Phidias hath lost his hands but it is his offence and the law require of them then your amends or els complaine of them and not of vs who haue in all thinges done what we ought or if you will vexe vs wrongfullie for Phidias we will call vpon those gods whom hee hath offended to helpe vs hoping by their aid to destroy those which would hurt vs. Declamation 39. Of the son that defended his mothers cause who being distraught did wrongfully accuse her selfe to be guilty of sacrilodge THe law saith that whosoeuer doth voluntarilie confesse to haue offended the law without anie other witnesse is worthie of punishment Whervpon it chanced that a certaine woman hauing in one day lost her husband and two of her sonnes by some violent death did fall into such dispaire therefore that she hanged her selfe but her third sonne happened to come before she was throughly strangled who cut the rope asunder and after he had gotten her to life againe hee carried her vnto the Temple to the end that the respect of a place so holy might keepe her from doing her selfe anie hurt then he went forth to buy some sustenance to comfort her In the meane season it happened that the officer came in there to search for church robbers this woman being desperate confessed that she had robbed the Temple wherevpon the Magistrate according to the law would haue her punished but the sonne in the meane time happened to come who gaiinsaied it thus THat which is fallen out in our house ought to protect my mother being cōdemned here wherefore I knowing the matter it is lawfull for me to examine her my selfe of the offence in your presence which she wrongfullie taketh vpon her moreouer it ought to bee considered that the law saith that those which confesse a crime shall be condemned Now to confesse is to aduouch the accusation for feare of the racke or other tortures but to accuse her selfe is not onlie a doubtfull confession but a sure euident and most manifest desperation and that it is so it must be known of her how and when shee commited this sacriledge Or where she hath bestowed that which she stole Trulie she cannot prooue her saying but she thinketh that she committeth sacriledge in suruiuing after the violent death of her husband and children and no other crime can be found in her wherefore in her own opinion her saying is true but by the law she is not punishable seeing that if I had not ben she had been dead alreadie by her owne hands It behooueth me to beseech the iudges to be mercifull to the offenders but I had need not onlie to intreat but also to compell my mother to take pittie vpon her selfe what need you to doubt if a woman ouercome with sorrow desireth death when a number with ouer exceeding ioy haue died suddainly Whereby it plainelie appeareth what weakenesse remaineth in the female sex who therefore are not to be beleeued nor receiued for witnesses But tell me good mother Why doe you not beare your losse patiently seeing that you see the gods themselues doe lose that which is consecrated vnto them in their Temple Alas worthie iudges you doe well know that the afflicted doe more feare honour and reuerence the gods then those that are in prosperitie How then should this woman more wofull then any other presume to offend them with sacriledge What need hath she of riches that desireth to liue no longer Neither hath anie children to leaue them vnto but me who would redeeme my father and brethren from death with those which I haue yet of mine own me I say who haue and do loue my mothers life better then her wealth Alasse no want of riches but want of heires to possesse them is cause of her miserie You may say that she being angry against the gods for her losse desirous to be reuenged hath committed this sacriledge there is nothing more vnlikelie for her courage is abated with griefe and she attributeth her mishap vnto her selfe and not vnto the gods neither is it the least mischiefe that fortune doth vnto vs when being our greatest enemie she doth not onlie make vs miserable but also supersticious in such sort then we beare the greatest reuerence not vnto the gods alone but chieflie vnto inconstant fortune all this is prooued by her because she had rather hurt her selfe then offend the gods but if otherwise it were far more easie had it ben for her to haue burned the Temple thē to haue stollen the treasure locked vp vnder so manie keies wherefore you ought to waigh al the circumstances together and to be verie carefull that the law and the penaltie thereof which serueth for a terror vnto the wicked and malefactors bee not inflicted vpon the innocent For he committeth a greater offence which punisheth the innocent then he doth that pardoneth the malefactor The Iudge answereth THere was neuer anie sacriledge that could be hidden for euerie tongue and especiallie the malefactors owne toung is readie to reueale it as by this woman it appeareth that accuseth her selfe prouoked thervnto by the wrath of the gods who for her offence doe pursue her wherefore it is reason that I appoint her to be punished vpon whom the gods disdaine to shew their miracle in consuming her with lightening as if she were vnworthie to die by the hands of any god but they all together doe pursue and driue her to worke her owne confusion by a most shamefull death the which by her being perceiued she rather desired to die by her owne hands but they haue not suffered her to the end that the wrong done vnto their Deitie might be publickly reuenged and that she might serue for an example vnto all the world so that thou wert sent by them to cut the cord asunder but doest thou thinke that a church robber may die anie other way then by iustice She hath done as much as in her lay to conceal and not to confesse her offence yea and that by the making of her selfe away yet she could not but in spight of her she was constrained to be her owne accuser and to require her deserued punishment which is no small miracle Therefore if thou desirest to know her offence It may onlie be answered that she hath committed sacriledge the which she confesseth and aduoucheth If thou demandest why she did it I say that if she committed it before the death of her children it was to enrich them if it were after their death it was because she would be reuenged of the gods Where thou saiest that it had ben more easie for her to haue burned the Temple in that thou shewest thy selfe to be her son but farre more wicked then she if it were not rage and ouergreat
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
sleightlie regarded there is no reason that thy pettie losse should be in anie sort recōpenced especially because thou canst not say that thy hurt came by me but by the Tirant and no way better canst thou excuse thy fault then in accusing thine owne hard fortune which was the onely cause of thy harme by bringing the tyrant vnto thy house The Answere HE which hath all the profit and honor ought likewise to be partaker of the hurt as I doe not vniustlie reprooue thee for the wrong which thou hast done me so also dare I aduouch that thou hast not killed the Tyrant seeing thou diddest neither see him nor once touch him but my house was it that slew him therefore it is not against reason if for the losse thereof I doe at the least demand some part of the reward The tyrant did not make anie speciall choise of my house much lesse was it offered or prepared for him but as he could he entered therein because I was not at home to hinder him likewise thou mightedst as wel haue follow him in and killed him but thy heart serued thee not and therefore thou didst rather chuse to fire my house then otherwise to slay him and in danger thy selfe to be hurt thou then hast the reward but deseruedst it not and yet thou wouldest haue mee lose my house which was his ouerthrow Who can tel but that he might well haue escaped if therein he had not entered If then my house did keepe him and receiue the fire that burned him why ought it not as I haue said bee likewise partaker of the reward Declamation 70. Of the grandfather that did secretly steale away his deceased daughters child for feare least it should be poysoned by the stepmother as two other before had ben wherevpon the said childs father accused his father in law of violence IT happened that a man had three children whereof two died not without suspition that the stepmother had beene the cause of their death The father of the said childrens mother did secretly steale away the third child least it might come to the like end as the rest did Neither had the said grandfather visited the other children during their sickenesse because he could not be suffered to come in but was kept out of dores The father caused his child to be cried the grandfather said that he had him wherevpon the father accused the grandfather of violence saying that he had stolen his child the good old man made his excuse saying SEeing that this is all the sonnes that my daughter hath aliue suffer me to bring him vp What doest thou feare That I will not let thee enter in when thou commest to visit him as I was serued at thy house thou art deceiued I am not so ingratefull fond foolish man as thou art thou seekest not those two children which thou hast lost nor once hearkenest after them which haue ben wilfullie made away but seekest him that is not lost that he might likewise be lost as the rest were Thou askest one of me whose life I will charilie protect and I doe require two of thee whom thou hast careleslie suffered to perish Why is not a grandfather better to be trusted then a stepmother I came to visite my little nephewes being sick yet might not see them that was violence and not this which I haue done For therein hath neither beene vsed weapons combat resistance nor force but such as was too friendly Let al the assistance bee iudge of this controuersie which is between a yoong man and an old Thou saiest that I haue stolen thy sonne I answere that I doe keepe my daughters sonne thou saiest that I haue taken him away from thee and I denie it but true it is that when hee came vnto mee I would not driue him away from me and I am the cause that he is yet liuing So doe the Phisitions and Chirurgions oftentimes bind vs and whether wee will or no applie such medicines as are most needfull for the recuring of our maladies That which I haue done is no strangers deed Nature hath her right this difference is there betwixt the father and the grandfather that it is lawfull for the grandfather to preserue his children in safetie but not for the father to suffer his to be slaine Whence proceedeth this thy ouerlate pittie to begin to seek thy lost sons of this which is here in safetie Seest thou not that all those that fauor the child do desire that thou mightest not find him The Answere HE hath not taken away the child to keepe him or for anie feare he had of his safetie but onelie to slander my wife with sorcerie and to make mee suspected to be therevnto consenting What haue I to do with this man O you Iudges who while his daughter liued did neuer beare me anie loue and now after her deceasse dooth hate me deadlie and hauing scantlie visited my children when they were sound he came crieng out and lamenting during their sicknesse prophesieng that which hath since happened and would but haue increased their griefe to haue heard it He was kept foorth because his comming was well knowne to be more hurtfull to all then helpfull to anie and that he should neither by his needlesse exclamations shorten the liues of the poor infants nor steale this other child which now appeareth was his onlie intent Declamation 71. Of him that being accused for intending his fathers death is thervpon renounced of him although that in open Iudgement he was clearely acquited by equall sentence YOu must consider tbat in times past when in iudgement there were as many voices on the one side as on the other in any criminall cause the partie accused was acquited because that iustice ought to regard clemency more then cruelty Whervpon it happened that a father accused his sonne of paricide saying that hee intended to murther him wherefore he being imprisoned and the informations made on either side the proofe was found so vncertaine that the partie accused had as manie voices in iudgement on his side as the accuser whereby the accused is acquited Notwithstanding the father being displeased forsaketh and disheriteth his sonne though hee were acquited by iustice saying My request is now lesse then it was for I doe not desire to be reuenged of thee but only that I may be rid of him that would haue slaine me I do no more accuse him but shun him Do you thinke that hee will spare me being his foe that would not spare me being his father No surely For because hee would no difference betweene my testament and my death He is not acquited of his offence but onlie freed of his punishment because the sentences were alike To prooue him innocent hee ought to haue had manie voices but to condemne him there needed no more then one The Iudges haue not found him faultlesse but onlie spared the punishing of his fault wonderfull is the mercie of the law of this
as you say they haue yet should you haue first knowne our meaning and haue required satisfaction thereof before you should haue brought your armed troupes vpon our territories but you doe verie well declare you Gaules that you will neither send anie Embassadors nor will receiue anie at all but trusting in your forces you will make your wils a law how vniust soeuer they be As touching your demand whether we be your friends neuters or enemies wee answere that we will be such as you shall giue vs occasion to be for it seemeth they can hardlie be your friends that are neere vnto you wherfore although we should not allow that which the Fabij haue done yet may it bee a question whether they haue done amisse or no in resisting the common enemies of all Italie seeing that an hundred yeares since your ancestors leauing their naturall countrie came first and occupied the countrie of the Taurins afterwards that of the Insubrians then the limits of Tuscane and now without anie reason you would vsurpe the territories of the Clusians the which if they had granted you what assurance should they haue had that afterwards you would haue beene good friends or peaceable neighbours vnto them seeing that you are of opinion being strong men al things are due vnto you and that you can yeeld no other reason for your deeds then armes What is he that can bee assured of such kind of people which maketh vs to doubt that in time you would if you could occupie Rome and all Italie If you will be our friends â—ee that you doe not onlie withdraw your army from vs but also for our sakes surceasse your molesting of the Clusians and then knowing that our Embassadors haue offended you we shal make you a reasonable satisfaction assuring you that wee are sufficient to punish or chastise them withot putting you vnto the paines to doe it and if you shew your selues as in effect you haue begun to be our enemies the Fabij cannot bee culpable and it were better to employ them against you then to doe them anie hurt at your instance But what madnesse dooth incite you to come in such sort against vs You know well that if we had ben minded to send aid vnto the Clusians we would not haue sent three men onlie Wherefore we thinking you had ben our friends did send to intreat you not to hurt the Clusians but doing contrarie to our request the Embassadors thought you had ben our enemies and so consequentlie that they were bound to aid the Clusians When you haue withdrawne your armie from vs wee will dispute whether they did well or ill But so long as you talke thus armed wee may say that you haue no desire to haue vs your friends Of a truth they fought against our meaning yet neuer imagine you that for al the same we wil deliuer them vnto those which come vnto vs as enemies As for the anger of the gods it stretcheth not to those that defend their temples as we will doe moreouer we are bound to defend our countrie our wiues our children the sepulchers of our fathers if you wil offer to hurt them therefore as you doe protest our ouerthrow so doe we sweare your death if you once assault vs. For to be offended and to offend is all one and it is a most iust reason that those which seeke to vsurpe another mans lands should lose their owne liues Declamation 91. Of a yoong youth that made himselfe a Nunne to enioy one that he loued AT such time as the law was not so strict against those which by all the meanes they could sought to inioy the loue of Nunnes a yong youth came in the habite of a maiden into a Nunnerie and made himselfe a Nunne to obtaine his pleasure of one whom he loued in the same cloister after he had obtained his desire and remained there some time in great delight he was at last discouered wherevpon the bishop would haue constrained him to become a religious man of the same order which he had made profession of in the habite of a woman the youth appealed from the same sentence saying EVerie lawfull vow ought to be voluntarie wherefore you cannot constrain me to enter into religion against my will You say that I haue made a vow alreadie I referre it to your iudgement whether being a man I might become a Nunne If such a vow be lawfull then let me bee still a Nunne If it bee not lawfull then is it of no force and so consequentlie I am thereof freed or at the most to bee punished in such sort as by the law it shal be appointed if there be any law that maketh mention of the like fault and if there bee no law that maketh mention thereof it is a token that whatsoeuer I haue done is no crime for there is some law appointed for euerie fault for as lawes are made for the good of the Commonwealth eueÌ„ so those that offend them not are not punishable as for me I beleeue that I haue in no sort offended them hauing charitablie relieued her that had need of my helpe considering the frailenesse of my flesh which might haue induced her to doe worse then a thing incident to nature yea and to the great reproch of religion shee might haue found the meanes to flie away from the Nunnerie contrarie to her vow and promise likewise it is to bee considered that those faults if faults they may be called which are through loue committed are more excusable then punishable because they are done but for loue and to encrease humane generation besides that the most philosophers doe say that louers are fooles and others affirmed that they are blind what reason were it then to punish a foole or such a one whose vnderstanding is blind Who knoweth not that they are more worthie of pittie then punishment Nay who knowes not that loue hath alwaies his abiding in the noblest hearts and compelleth the most obstinat to follow him Furthermore the distance of places is not able to seperate that true loue which of long time hath ben imprinted in the hearts of louers for as he that doth loue feruentlie doth sildome or neuer forget it so ought youth to bee excused for doing but their kind for that which in matters of loue is lawfull for yoong men to doe is vnlawfull for old men to desire Wherfore it may be said that as vnhappie is it for a yoong man to be without loue as it is for an old man to be in loue and the more worthie the thing beloued is the more vehement is our desire therof therfore the desert of her whoÌ„ I loue hath brought me to this extremitie to counterfait a sex inferior vnto mine the which I would for no other thing haue done but hereby it appeareth that the louer liueth in the thing beloued and that he is dead in himselfe so that I was constrained to find out this inuention to approch
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
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
them both at once attributing that in me to passion which can be no lesse thē prudence truly hee were vnworthie to bee a iudge that knew not how to discouer the malice of offenders for as much is that iudge to be esteemed which is without wisdome as a Commonwealth without laws a Prince without faith a phisition without experience a souldior without valor and a Marchant without credit who being such they doe not fall themselues alone but they are the cause of the ouerthrow of a great number But tell vs what was the cause that Salomon iudged so rightlie but onlie wisedome Euen so I without the same should neuer haue knowne your iniquitie and so consequentlie I should neuer haue found out a iust cause to condemne you for it is verie manifest that couetousnesse neuer iudgeth anie thing to be vnlawfull because it hath no place but amongst such as are wicked which is it that caused you to thinke it lawfull to commit whoredome with your bondwoman then to denie the fact and to forsweare your selfe because you would not make her free desiring rather to preiudice the law then to hinder your profit and afterwards being cast in prison for yout faults you would yet further defraud your creditors in not consenting to the sale of him who if he be not your sonne standeth you in no stead but to burthen you with a further charge and especiallie hindering his mother he is the cause that she cannot applie her businesse to get your liuing and her owne so that they doe both helpe to consume and wast that little which remaineth to paie the creditors or that which you haue hidden to deceiue them If he be not your sonne whie would you keepe him To serue for a witnesse of your seruants shame Doe you not know that he which cleaueth vnto vices maketh them his owne It is no charitie to keepe a child to be your slaue and lesse charitie is it not to consent to haue him sold to paie your debts Touching your demand why I doe not sell your other goods I answere there is time enough but I would first begin with that which was least profitable vnto you and yet of great charge and if you allow not this reason I did it to make the truth knowne vnto others as wel as to me it is that he is your child wherein I doe sufficientlie declare that I do not onlie ioine mercie with iustice but also that I doe further therevnto ad wisedome to make vp the number more perfect for without it iustice seemeth to be rigor and mercie no better then follie for what greater foolishnesse can there be then to pittie such a one as hurteth others as this infant hurteth you and your creditors therefore if he be not your sonne let him be sold and if you haue begotten him make his mother free Wherevpon doe you appeale Because I haue not likewise condemned you for periurie The same may yet be done all in good time the deed being prooued You do also saie that it were better to sel the mother and the child together it would be more indeed the childs profit but it must bee considered that manie would willinglie haue a child in their house to make them some sport and afterwards to doe them some seruice which would not be troubled with a whoore that can be nothing but a slander and an ill example for all their houshold For all these foresaid reasons it may be gathered that I haue no desire either to harme the innocent or to hurt the afflicted but mine intention is to haue the father acknowledge his child and that the mother should be recompenced as reason requireth Declamation 25. Of a Generall who after he had lost the battaile sent to the Prince to know if he should giue the battaile A King sent his Lieutenant Generall to the warres with an expresse charge not to giue any Generall battaile without he did first aduertise his Maiestie thereof It happened that occasion offered such an aduantage that the said Lieutenant notwithstanding the Kings commandement did fight a battaile but as the wars are casuall and that oftentimes fortune crosseth the vertuous so he lost the said battaile and presently afterwards hee sent a post vnto the king to tell him that such an occasion was offered vnto him to giue the battaile as was greatly vnto his aduantage and declared such apparent reasons as the Prince appointed that the battaile should be giuen then the messenger said If it like your Maiestie the battaile hath ben giuen with all such order and policie as was requisit notwithstanding wee haue lost the field The King being exceeding angrie caused the messenger to be hanged and the Lieutenant Generall to bee taken and condemned him to death who appealed defending his cause thus IN vaine doe Princes send those vnto the wars whose hands they keepe tied and trulie it may be said that I was sent in such sort Neuerthelesse seeing the likelihood of a profitable victorie to finish the wars to the great honor and commoditie of my Prince and countrie the band of his commaundement vnlosed of it selfe and leauing me at my libertie I did my best although fortune enemy to vertue so wrought against vs as the effect prooued not according to the likelihood of the deed and the desire of the doer but what shall I say That I can do what men may doe onlie fight a battaile but God alone must giue the victorie The which oftentimes either he delaieth or suffereth it whollie to be lost for the sinnes of the people when God seeth that their pride and other vices are not yet left moreouer it happeneth manie times that God will punish the insolencie of the souldiors vsing the enemies as instruments of his iustice Was not the battaile lost by the children of Israell before Hai onlie for the theft of Achan Was not also the whole host troubled and Ionathas in danger of death because he had tasted a little honie With a number of other examples which I ouerpasse because I will not be tedious Alas how hard are mens actions to be effected without his great danger that imploieth himself therein And principallie when the iudgement of the performance thereof dependeth vpon one mans voice onely Wherefore O Prince I say that you alone cannot iudge me much lesse condemne me except you doe it of your owne absolute authoritie which vndoubtedly were manifest tirannie the which I thinke you doe verie much abhorre considering that you alone cannot be a head without members and that in this deed of mine the members are also interressed that is to say if I haue offended they are to punish me and not hauing offended they ought to preserue me to performe some good seruice for it is a matter of no small importance for them to saue or lose such a man whom you haue thought worthie to be the onlie Generall of your wars and I doubt whether you alone may make a decree that
I shall not fight except also you your selfe may command me to doe it for seeing the losse is more hurtfull vnto the people then to the Prince wherefore ought he to be the onlie iudge of a deed wherein the Generall profit or losse of the comminaltie consisteth For bee it losse or gaine the people must maintaine the Princes estate and especially when they lose most then are they most of all burthened with imposts and lendings to resist the enemie and to satisfie the Princes pleasure wherevpon it may be inferred that if I haue offended it is more to the preiudice of the people then the Prince notwithstanding I am content to submit my selfe vnto their iudgement trusting that they will haue no lesse respect to the seruices which heretofore I haue done and to those which hereafter I may yet doe then vnto the good meaning that I had to performe this last seruice well although God it may be for a greater good would not suffer me to haue the victorie being as likely as it was desired The Princes Answere YOur excuse aggrauateth your crime saieng that you did your dutie and yet despised his commandement whose mind therin you knew not Did you know the reason why he forbad you to fight Thinke you that he was altogether ignorant what the enemies were able to doe and that they might be ouercome rather by temporising then by anie stroke striking Doe you thinke your selfe wiser then that great Fabius who rather desired to be counted a coward then to lose the Romane Citizens who in that sort temporising with great patience was in the end the conqueror of that furious Hanniball Doe you not know that before a man can command he must know how to obey the which you had no desire to do You would willingly haue the souldiors obey you in doing badlie and you would not obey the Pirince in doing well what would they saie of you if they were liuing M. Manlius Torquatus Aulus Posthumus Tubero and Epaminundas they caused their owne sonnes to die for transgressing nay rather for fighting against their commandement yet had they the victorie O how happie was that world then when nothing was impossible vnto those warriors so well disciplined It is alwaies the custome of the rash and brainesicke men to attribute their faults to the will of God to fortune to the sinne of the people Prince or souldiors as you doe forgetting your owne together with your disobedience which being displeasing both to God and men can bring forth nothing that good is then you mocking the Prince after the battaile is lost doe demand whether you shall fight it alleaging so manie reasons it may be forged that it were impossible to lose it and that which is worst heaping sinne vpon sin you bring the princes authoritie in question and stirre vp the people against him but your owne reasons doe confound you for doe not all the members obey the head The head being greeued are not all the members pained Yea when manie members are lost the head still remaineth and taketh care to preserue the rest as hitherto I both haue and will still preserue my people God willing who are not so impudent as to desire to take an account of your faults knowing well that as that which concerneth the soule is referred vnto the diuine the diseases of the bodie to the phisition and controuersies for goods to the iustice so are matters of warres and the gouernement thereof referred to the prince but how can you doe them anie good seruice seeing that you haue done your best to ouerthrow thē for your owne pleasure Trulie I should haue thought you alone worthie to be my Lieutenant Generall if you had knowne how to obey me but not esteeming me for your Prince you cannot be my Lieutenant Doe you not know that in al affairs faults are not tollerable But especially in the warres where there needeth but one to ouerthrow all they are most hurtfull where haue you euer seene that it is lawfull for an offender to change or alter the lawes much more then is it for him to diminish or bring in question the authoritie of your Prince But what would not you haue ben bold to attempt if you had ben victor Surely nothing but euen to haue attempted to make your selfe King Finallie the people may remember both the good and bad seruices that you haue done and those which you may yet performe but as for me I doe award him to be punished who in stead of demanding mercie and pardon for his offence will procure a second destruction in changing of auncient customes whereby the people haue ben all hether happilie gouerned and preserued for there was neuer anie alteration of laws or customes without bringing a calamitie vpon that land wherein they were begun Declamation 26. Of those who were executed because they confessed that they had murthered a man afterward it was found that they were guiltles A Iudge vpon some likelihood caused two men suspected of murther to be racked they confesse the fact and are put to death Some certaine time after their execution he which was supposed to be murthered returned home whervpon the kinsmen of those that were executed accused the iudge saying ALasse how miserable is that Commonwealth where those that ought to administer iustice and defend the innocents doe in steed of protecting them frō danger put them to a most shamefull death which trulie proceedeth by the admitting of cruell and bloodie men to the seat of iustice who besides their wicked nature being accustomed to this vice would make vs to beleeue that iustice which ought to be the twinne sister vnto mercie consisteth in nothing but in barbarous crueltie such a man is this our worthie iudge who vnder the coulor of I know not what likelihood because he would not seeme to be idle hath tortured and tormēted two poore innocents in such sort that to escape from his hands they haue thought it a lesse hurt to die by the hands of the hangman then to remaine anie more at the discretion of such a iudge Surelie it were better to pardon two malefactors then to put to death one innocent but this man hath rather cause two innocents to die then he himselfe would not be an offender The ioints of euery righteous iudge ought to tremble the hairs of his head to stand vpright for feare yea the heart to faint when he thinketh that by the authoritie of his voice although neuer so iust one like vnto himself nay more resembling the image of God should be put to death Seeing the fault for which he dieth cannot be recompenced wherefore Nero who was accounted a monster for crueltie had yet a kind of horror when he signed anie sentence of death You will saie that they are put to death to terrifie others that are wickedlie minded I confesse it but the same ought to bee done vnto offenders Alasse if this iudge had beene as carefull to haue
gaine which he hath made after so manie extortions Is not he miserablie dead by the means of his most familiar friends And those were his heires which were not so much as anie thing a kinne vnto him who did spend his treasure and goods in destroieng one another the which should make you wise O you Athenians and cause you to surceasse this follie to saie that you are quit hauing receiued your bond from one who hath taken it from vs by force and who for this deed and other such like did shamefullie die as he deserued moreouer it is not likelie that he was sent from the gods to subdue vs but true it is that by their permission wee were by him vniustlie tirannised ouer and for our sinnes hee was as a scourge of the Gods but their anger ceasing hee perished also But who did euer see that a debtor ought to bee the iudge of his creditors actions as you would bee of ours Seeing that you are vtterlie blinded with passion for whilst you accuse vs of pride and couetousnes you doe not consider that your selues are guiltie of treason and theft because you haue cleaued vnto the capitall enemie of Greece and for the same cause you will detaine from vs that which we did lend vnto you in your greatest need concerning that which you speake of Time as being the minister of the gods it maie bee the same gods of whom you speake in mockerie will so bring it to passe as time shall compell you shortlie not onlie to satisfie vs but also to become more miserable then euer you were when you shall intreat for our aid the which now you doe ingratefullie forget In like sort you must not alleage that you haue paied your obligation vnto Alexander for wee know verie well that you neuer had lesse means to doe it then at that time and although you should trulie haue paid it yet were it of no import nor anie satisfaction vnto vs for you neither ought it vnto him nor had hee anie letter of attorney from vs to receiue it hee might then verie well deliuer you your obligation but yet he could not forgiue you the debt whereunto he had no right at all determine then you Athenians to satisfie vs by faire means if you will not haue vs to imploie both our owne and our friends forces together with the helpe of the gods the iust iudges of your iniquities Declamation 34. Of him that is in trouble for accusing a man of crime for which he is committed to prison and there dieth A Man accuseth another for an offence the partie accused dieth in prison whilest the informations are in making the accuser cannot sufficiently prooue his accusation Wherevpon the kindred of the accused doe require to haue the accuser punished with such punishment as the crime deserued wherwith he accused the other And they say TRulie the weakenesse of man is such as euerie one esteemeth his owne miserie more great and lamentable then he doth another mans but what is he which can saie that we passe the bounds of reason when we saie that this our kinsman deceassed is worthie to be greatlie lamented And that he which is the cause of his death deserueth most seuere punishment seeing that he hath not onlie abridged his daies but that which is worse hath endeuoured to cause him to die most shamefullie especiallie to the great preiudice of his poore familie and all his linage and his purpose hath not failed in anie sort seeing that the poore man is dead in prison although he neuer once deserued to come into the same And it is not to be thought a smal matter to imprison a man seeing that in Athens those which died in prison could neuer be buried in the sepulchre of their ancestors as if they would thereby inferre that they which died in such a place might stain the tombes of those that died with honor and reputation of vertue and the same custome is yet vsed in sundrie most famous citties as amongst others at Paris the chiefe cittie of France where they doe obserue this law that he which but for debt onlie passeth the wicket of a prison shall neuer after be capable of anie office or other publicke promotion how much more then for suspition of crime There is nothing more apparent then that this poore man seeing himselfe in such disgrace died euen for verie greefe the wicked wretch that hath accused him is yet liuing in health but let vs see what likelihood there is in his accusation seeing that yet after the death of the accused he cannot proue his saieng I maie therefore now saie that he could not be suffered to alleage anie reasons for his own defence neither might take anie acceptions against the witnesses nor yet be allowed openlie to prooue his innocencie but with the least suspition that might be he should haue ben constrained to abide the sentence of condemnation Be you assured O you righteous Iudges That this accusation proceedeth by the instigation of diuers malicious persons who if need had ben would likewise haue serued for witnesses against him but their malice or ill will ending by the death of this miserable man they doe also forsake this vngracious fellow in his greatest need Such is the iust iudgement of God that the wicked doe oftentimes perish euen by their owne wickednesse but for all that their offence is not anie whit diminished neither is this poore dead man alone but his distressed widdow children and all his kindred vnto whom he was a true friend anie lot the lesse harmed wherfore it maie well be said that this lewd forger of vntroths hath murthered both this man here and ouerthrowne the others yea and some are yet likelie to die for want of his life that now is dead I meane the poore children and the miserable widdow Then what gibet what sword what halter what wheele or what torments are sufficient to punish thorowlie this execrable wretch which is the cause of so manie mischiefes For first he hath gone about to prosecute his death and next he hath indeuoured to defame him alas he is dead and reputed for infamous by those which haue heard his accusation and not afterwards knowne his innocencie but manie seeing him no more will yet thinke that there was fauour shewed him in causing him to die in prison as a malefactor vnlesse this abhominable fellow as a publicke spectacle doe not possesse the same place whereunto he pretended by his false accusation to bring the innocent consider then you iust Iudges as well the miserie of the dead and his allies as the execrable iniquitie of the false accuser and doe you gaine as much fauor at the hands of God and praise in the world by your iust iudgement as he hath gotten sin and infamie by his wickednesse The Answere of the accuser THere is nothing more true then that I haue iustlie accused him whom I know not by what death he is depriued of
the treasure vnto the Temples and also to purchase freedome vnto all I did commaund him to strike me wherefore he should haue sinned more in disobeying me then in obeying the Tyrant therein so that he hath not offended me but spared me Moreouer the reuenge or punishment of a sonnes offence against the father lieth in the will and discretion of the father if anie other had stroken me and I had no desire to complaine no man could compell me therevnto or pursue him for me what doe you meane then by this Seeing that he which hath giuen the blow hath endured the greatest griefe and hurt thereby and that hee which receiued the same commanded the other to giue it him The Answere THe more you defend your sons cause the more you make him culpable for you shewing your selfe louing and pittifull vnto him doe likewise shew that hee ought rather to haue died a thousand times then to haue strooken so good and louing a father what doth hee then deserue that hath smitten such a one to please a Tyrant Whose seruant he afterwards became You say hee did it to profit the Common-wealth and wee doubt it for wee cannot begin to doe good by performing a mischiefe and he hath offended the Commonwealth more by his wicked example thē can well bee expressed for neuer was it found before that anie was so bold to strike his father If hee would not preuent his brother yet should he at the least haue followed him Who chused to die rather then to see his father stroken so should they both haue beene an example of pittie where now one of them loseth part of his glorie by being brother vnto a man so wicked for the one cannot bee mentioned without the other You say that you pardon the wrong which hee hath done you But the law pardoneth him not for transgressing it You say I would needs be stroken but wee say that his brother would not that you should It seemeth by your speech that euen as the Tyrant iudged him a fit man to commit a vilanous act so you likewise had the same opinion and seeing that you could not escape you fained that you were willing to bee stroken for feare of being slaine altogether Lastlie hee hath smitten his father knowing that it was against his brothers will and against the decree of the law so that hee being guiltie is likewise worthy of punishment Declamation 46. Of the bondman who hauing saued his Maister his sonne and goods together with his daughters honor pretendeth to marry her A Tyrant standing in doubt that his Citizens would attempt some conspiracie against him tooke the bondmen of all the cittie into his fauour giuing them freedome and inciting them to murther their maisters they fearing the effect thereof did suddainly flie forth of the cittie leauing their houses wiues and children in danger at the mercie of the Tyrant who to take away al means and hope from the Citizens and from the slaues all possibilitie euer to be reconciled vnto their masters suffered and commanded the said slaues to rauish their wiues daughters Shortly after the Tyrant died suddainly by mischance wherevpon the Citizens returned by force into the cittie and caused all the slaues to be executed or hanged except one who hauing fained that he had rauished his masters daughter did faithfully preserue and keepe her with all his goods and restored her a virgin vnto his Maister moreouer he did forewarne the Citizens of the dangers which would follow wherwith his Maister receiued such contentment that he gaue him his daughter in marriage But the said Citizen had a sonne who opposed himselfe therevnto accusing his father to bee void of vnderstanding and said thus OVr griefe would be the lesse if the Tyrant and not the father had made such marriages Can anie man say that he hath not lost his wits which seeketh rather to immitate the Tyrant his enemie then his bondman Who hath at the least shown more loue vnto him then he doth either to sonne or daughter seeing that he maketh himselfe like vnto the Tyrant If the bondman had lien with my sister I had caused him to be hanged as well as the rest and now you your selfe would haue him to lie with her you say that it is by marriage I denie that for marriage is meant betwixt those which are worthie one of another either in deed or opinion Then seeing none besides you who are mad of that opinion that a slaue may be worthie to be your sonne in law and my brother in law it can bee no marriage and were it otherwise I say that this mariage bringeth more shame then if she were rauished or abused by a Noble man for then at the least the child which should so bee borne should be more worthie and be better respected then the child of a bondman Who would euer haue thought that the Lord or Maister would haue suffered his slaue further then the Tyrant would his friend It may therefore verie well bee said that whosoeuer maketh such marriages is either a foole or a Tyrant of whom the one deserueth death and the other to lose al authoritie O what a faire sonne in law hath he chosen who hath nothing of anie worth in him but that he hath kept himselfe from being hanged with the rest of his fellowes Alasse my sister shall then being vnder the power of her father lose hir virginitie which was so carefully preserued when shee was vnder the power of the Tyrant and he shall be thought worthie of such a marriage which was not deemed worthie of the gibbet Farre more happie are those which were defloured for they neuerthelesse doe now take such other husbands as are worthy of them It is a goodly matter whē the father maketh such a match for his owne daughter as the Tyrant did for those of his enemies Ah vnfortunate sister who being vnder the tyrants power diddest desire thy father and vnder thy fathers power thou desirest the Tyrant who would yet defend thee from this iniurie Is this a small reward for a bondman to see all his fellowes on the gallows yet himselfe to bee free from the like you say that he hath not rauished his mistris say likewise that he hath not slaine his maister nor vsed poyson nor sorcerie doe you say that hee dooth a good act that keepeth himself from crime for fear of punishment Our miserie is as great now as the shame which the other maids and wiues haue suffered during the Tyrannie for this is done during our freedome the others shame was in the absence of their Parents but this is in the presence of hers the others shame was called deflouring but this here cannot be called constraint but a voluntary consent It was not vertue that kept him from doing as much as the others but the feare to be hanged with the others hee knew very well that God would not suffer so cruel a tyranny to indure and when the
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
thou diddest loue thy maister very well but rather that thou diddest loue thy selfe too much for those which do loue intirely do seeke all the meanes they can to please those whō they loue but not to force or constraine them to anie thing against their liking whereby it may be prooued that thou onely diddest mischief Lucullus in going about to take from him his libertie hauing thereby depriued him of his sences And there is not any that pretended any profit by his hurt but onelie thou seeing that all the wealth which Lucullus had was ours and his friends more then his owne for hee was neuer borne but for the profit of the Commonwealth and to pleasure his friends Therfore we doe also require no other thing but that the innocent may be acquited the guiltie not onely sought out for he is found in thee but also punished as well to giue an example vnto all other seruants not to enterprise any thing against their maisters as to reuenge the Commonwealth and Lucullus himselfe for this iniurie Declamation 78. Of a woman who slew hir daughter that had through childishnesse killed her little brother THe law appointeth that euery woman which killeth her child should bee burned Wherevpon it chanced in Orleans that a poor woman which got her liuing partly by washing of bucks and somtime with carrying of fagots about the cittie to sell had one daughter about the age of foure yeares and a sonne about one yeare old with the which children she was left a widdow by her husband So that shee oftentimes being forced to shift the little child she said vnto him as the most part of mothers and nources vse to say that if hee pissed his clothes any more she would cut off his prick the which the little girle hearing many times shee forgot it not but one day when her mother was gone vnto the wood she began to vnswaddle her brother and seeing that hee had pissed his clothes she tooke a knife and cut off his yard wherewith he lost so much bloud that he died afterwards shee told her mother at her returne home what she had done who seeing her child dead shee was so surprised with anger that she tooke vp a little stoole and strooke so great a blow therewithall vpon the girles head that she presently died For the which she was caried to prison hir husbands brother suing her to death accused her saying THis woman hath both slaine her daughter and in like sort was the cause of her sonnes death not onlie in that she left it to the keeping and discretion of a little girle but also because shee had oftentimes spoken fondly and threatned the child foolishly did she not know that whatsoeuer was ill to bee done was not good to be spoken vpon what occasion or intent soeuer it be And that as euery word that is spoken is easily imprinted in the yoong and tender hearts of little children so will they like apes imitate all that they see and as children doe whatsoeuer they heare spoken why then did she say before this child anie thing which should not be done And chiefly a matter so dangerous and so vnfitting Did she not know that children as being humane creatures and subiect naturally vnto vices doe keepe and remember the bad sooner then the good And especially the females as being more vicious then the males Some may say that it was a mischiefe which shee nor any other would euer haue thought vpon but I answere that they ought to bee cut of which are the cause of such misfortunes to the end that they may no more commit the like mischiefs or at the least by their occasion there doe not happen some other greater mischances If she haue liued so badly that she had no neighbour or friend so fauourable vnto her with whom she might haue left her little son in her absence shee is not worthy to liue any longer and if she had any vnto whom she might haue recommended the same she is likewise worthy of death for not doing the same Of what thing ought a mother to be more tender and charie then of her child Why then could shee suffer the one to die by her negligence and heaping mischiefe vpon mischiefe murther the other by her malice What Tigre Wolfe or other wild beast though neuer so cruell which will not onely bee carefull of her yoong ones but also will euen vnto the death defend them from those that seeke to hurt or harme them in anie sort How much lesse then will they themselues be so cruell as to kill them Wherefore must I be the only speaker in this case when as with iust griefe I can hardlie speak anie more If no punishment shall be vsed when women who ought to bee true examples or perfect patternes of kindnesse and pittie are more cruell thē sauage beasts I know not what I should say Sauing onelie that they are happy which either liued before vs or that shall be born after vs without beholding this our most vnhappie age if such a woman may be suffered to liue anie longer therein who after she hath ben the cause of her sonnes death hath yet further ben the author of her daughters destruction The Answere of a friend for the woman VVHerefore doe you procure the death of such a one who desireth nothing so much as to die Doe you thinke that this poore woman is not sufficientlie afflicted but that you must further seeke to aggrauate her sorrow Alasse wee may by her example verie wel perceiue that a mischiefe neuer commeth alone seeing that first we haue euer known her to be poore next she hath lost her husband the onlie stay of her poore life then her sonne and afterwards her daughter and that which is worst she is not onlie a prisoner in danger to lose her life but also he which ought to releiue her and procure her deliuerie seeketh her destruction Surelie the least of so manie miseries wherein she is on all sides cōpassed is sufficient inough to make her worthie of compassion and free her from punishment Whereof doe you accuse her Do you not know that it is not in our power to bridle the first motions of a iust anger Know you not that the griefe which she suffereth because she hath killed her daughter exceedeth all the tortures that may bee inuented to torment her For more harme doth a mischiefe that tormenteth the heart then all the tortures which may wound the bodie are able to hurt Whereas you accuse her of follie the follie is your own when you would find in a silie woman that which may hardlie be found in those that gouerne monarchies or Prouinces Doe you not know that there is no vertue which is not by pouertie neglected And that necessitie hath no law Wherein then hath a poore woman offended who hauing no other means did leaue her children at home whilst she went abroad to get her liuing You speake of friends
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
of your refusall in doing whereof I take you at your word aud require the temporall sword to punish you for counterfaiting your sex for abusing the vow of religion for your vild whoredome for refusing to doe pennance and for your diuelish obstinacie Consider worthie Iudges how manie torments such a number of hainous crimes deserue Declamation 62. Of Don Ferrand who punished the mutined Spaniards and afterwards is therefore accused IN the time of the Emperour Charles the fifth the Spanish souldiors that were in Scicilia rose in a mutenie and committed a thousand mischiefes whereof the least deserued the halter wherevpon Don Ferrand of Gonsagne brother to the Duke of Mantua who had alwaies ben emploied by the Emperour in chiefest places of command appeased them paying them part of that which was due vnto them afterwards he caused them to be embarked to carie them as he said to Genoa they being all embarked he carried them vnto certaine desert Isles where he made them to goe ashoare faining that he would there take the muster of them and make an end of paying them but when they were all in order a good why in the Island hee found the meanes to cause those to retire vnto the Gallies whom he meant to saue and afterwards he set saile and departed leauing the rest of the souldiours there who for the most part died all with hunger for which fact Don Ferrand was accused vnto the counsell of Spain as followeth IF discretion might be giuen as well as dignities are granted we should not now need to demand his death who hath depriued the liues of a number that were seruitors to Caesar as well as he and no lesse seruiceable the which he would neuer haue done if he had considered that neither he nor anie other could haue that honor to be Generall of an armie if the souldiors did not freelie determine to serue their Prince and follow the warres especiallie if they would altogether with one mind refuse so to doe but hence commeth the mischiefe that those which haue not first learned to be controlled do neuer know rightly lie how to commaund Wherefore Hannon said well when Hasdruball commanded in Carthage and Hanniball was to be sent into Spaine being verie yoong It were better said he that this yonker tarried here in the cittie to learne how to obey lawes then to teach him so suddainlie to command in a forraine land Likewise we are to consider what was the end of Pompey who following the faction of Silla was sooner made a captaine then a souldior euen so those of our time which are noblie borne doe command before they are able to discerne peace from warres the friend from the foe good from bad and reputation from reproch wherevpon it chanceth that as Hanniball was the cause of the ouerthrow of Carthage and Pompey the decay of the Commonwealth of Rome so these captaines made in hast presuming ouermuch of their own courage might impaire the prosperitie of Caesar if his fortune together with his vertue were not inuincible But yet there is another mischiefe which is that Iralie which may bee tearmed the churchyard of Spanish souldiors bringeth foorth few men which are well affected to the Spanish nation who to say the truth being worthie men are also somewhat haultie minded the which the Italians doe attribute vnto their pride which is the chiefest cause why they doe for the most part hate them wee will not be inquisitiue whether heretofore Don Ferrand hath been the cause of the death of a number of other Spaniards but we may well say that he hath made those whom hee left in the desert Island to die the cruellest death that might be imagined without anie iudgement Counsell or consent of Caesar as if men were nursed and brought vp for nothing Surely it should seeme that he did not see what paines was taken in Spaine to assemble such a number of souldiors together what stir there was to embarke them how hardlie they crossed the seas and what time was spent in disciplining them for the warres all which things was not done without great charge and expence vnto the Emperour and the daunger of their owne persons and they were no sooner deliuered ouer to Don Ferrand thorowlie furnished and readie for the warres as if they had sprung forth of the earth in one night like vnto Mushromes but that he did presentlie thrust them not onlie into all the greatest dangers that might be when as manie times there was no great occasion but also because he would be reuenged for the faults of some few of them he hath done them all vnto the cruellest death that he could inuent But wee would demaund of him how it could be possible that they should be all culpable and whether they were all authors of sedition For that is not onelie hard but impossible had it not beene better then for him to haue punished the authors that therby the consenters might haue beene terrified or chastised and the good cherished and maintained Or if he would needs haue had them to die could hee not haue sent them forth vpon the foe Where reuenging their death they might at the least haue weakened his forces We read indeed how the Romans tithed their mutined souldiours and vsed other like punishments but it was neuer seen or heard that they put them all to death and especiallie in Spaine vnder the conduct of Scipio where there was not onelie a mutenie but also Vmbrius Atrius and Calemus Albius tooke vpon them the authoritie of Consuls by the agreement and at the instance of the souldiours yet were none punished but the authors of the deed and the rest were paied emploied and allowed for good souldiours not because the Romans had not as good meanes to send other souldiours from Rome into Spaine and better then wee haue now to send out of Spaine into Italie but this was the reason the Generall was a Romane and he not hating the nation was onlie contented to punish a few of the offenders by the seueritie of that exemplarie punishment to terrifie and feare the rest for it is verie certaine that those which are threatened doe liue better then those which are punished for the punishment being done the feare is past and oftentimes it engendereth such a malice as maketh them to commit farre greater faults then the first as it may be the effect shall bee seene by those which by some meanes may chance to escape from those Islands doe but imagine if there had but a few ben punished what dutifull men those which had ben pardoned would haue prooued to shew that they were worthie of pardon and to cause their passed offence to be forgotten But yet if all this could not haue moued him to spare them yet should hee haue done it because it is so difficult a matter to draw verie often manie men foorth of Spaine where there is no great store as also for the great treasure that is
owne meaning that so it should not be For men in the anguish of their sicknesse doe oftentimes speake manie things which they would not in any sort performe The witnesses may beare testimonie of his words but not of his Will the which also ought to bee of no force since the patient liued but a few daies after for a true and lawful testament ought to be made when a man is of good disposition and memorie as well in bodie as in mind Lastlie since nothing is written there needeth no witnesses but he that could haue beene a witnesse of that which hee would haue declared if the Notarie had ben there present should perchance haue heard him tell the reasons why your father gaue him those goods as also vnto whom he meant to leaue thē but hauing said neither one thing nor another they are ours as rightfull heires and therefore wee will defend them by all possible and lawfull meanes Declamation 99. Of two Citizens that were tortured the one for demanding a debt the other for denying the same THe law commandeth that all periured persons should be put to death Wherevpon it happened that one Citizen summoned another saying that he ought him a certaine summe of money the which hee said he had lent him vpon his own word and therevpon hee tooke a solemne oath before the iustice that his saying was true the other denied that he euer receiued any money of him and did likewise swear that he ought him nothing so that necessarly one of the twaine must be forsworne and so consequently guiltie and worthie of death Wherevpon the defendant as being most suspected is put vnto the racke but he still affirmed that he ought nothing The plaintife was afterwards likewise racked who did also still aduouch that he did owe it him Neuerthelesse after they had both twaine ben tortured three seuerall times they were put both together in prison where they agreed no more then they did before but each of them particularly made a request The first said that he was content to acquite the debt iustly due that he might be deliuered the other said that he wat content to pay that which he neuer ought to com forth of prison but the lustice would haue sent them backe vnto the rack vntill the truth were knowne From the which sentence they both appealed saying THere ought to bee some difference betweene Iustice and crueltie and yet O you Iudges you make no difference at all for you vse the innocent as badlie as the offender which is farre more worse you take away the credit that ought to be amongst Cittizens the vse of such entercourse as they are to haue one with another for there had ben some other meanes to haue executed Iustice without bringing vs into such extream danger where it may be the innocent shall perish each of vs doe say that we are innocent neuertheles though one must needs be guiltie yet can we not both be faultie What then if the innocent as being the weakest should yeeld and confesse the fault which he neuer committed chusing for the least euill rather to die once wrongfullie then to be any more tortured and afterwards to liue either a maimed cripple or to pine away with paine so it may chance that the guiltles shal suffer for the guilty losing both his life goods and reputation on the contrary the malefactor shall haue both his life and credit saued and liue in good account to the great detriment of the Cōmon-wealth for being accustomed vnto torments who shall let him to swear that any man is indebted vnto him or that he is not indebted at al when no man dare once offer to proue it vpon him so that there shall bee no villany which he dare not cōmit If you say that he shall neuer haue any great credit but that he shall be stil suspected as well amongst the Citizens as with the Iudges you may say also that the innocent though hee remaine the conqueror yet shall he be likewise suspected the losse of his reputation shall be the reward for his maintaining the same with such exceeding torments Wherfore sauing the reuerence we owe vnto your lordships we suppose that it had beene better not to haue proceeded vnto these extremities but before you had caused either of vs to sweare particularlie you should haue demanded whether anie of vs would haue ben content to stand vnto the word or oath of his companion shewing in general what danger the offender did bring both his body and soule into Likewise both the one and the other might haue been examined touching the circumstances of the matter to see which of thē would come neerest vnto the truth also you might haue been thorowly informed what the life and reputation of either of them had ben that thereby you might haue ben able to make some sound coniecture of the truth But first of al the defendants oath ought to haue ben taken who hauing sworn that he ought nothing the plaintif might haue ben adiudged to prooue his debt or els to lose the same but making vs both to swear without knowing either the one or the other the offender hath taken his oath the more boldly thinking by forswearing himself to be acquited therof yet he hath therby brought both himselfe and the innocent into trouble and pain But it seemeth that this matter hath been expressely handeled for this intent which cannot bee tearmed iustice but crueltie for as much crueltie is it to torment an innocent as it is iustice to punish an offēder it were better to leaue a wicked man vnpunished then to torture such a one as hath not deserued it notwithstanding we see that you had rather haue the good man tormēted then the malefactor should escape vntouched which should be yet somewhat tollerable if as I haue before said it were not likely that proceeding in such sort as you do the innocent should suffer for the offender although it were far more reasonable to pardon one bad man then to put a good man in danger for Iustice if it must needs be constrained to yeeld it ought alwaies to bee rather vnto clemencie then cruelty Let then you worthy iudges the one be pardoned for the others sake because the offender hath alreadie endured sufficiently for the expiation of his offence and the innocent hath suffered too much for being no better aduised before hee brought himselfe into such danger and let that money which is now in strife be giuen to the poore seeing that the one offereth to pay it and the other to forgiue it In so doing you shall doe more iustly then in continuing that course which was vnhappily begun The Answere IT is said that Charlemaine shifting the Saxons into Flanders and the Flemmings into Saxonie made of one deuill twaine so you would persuade vs to do the like by redoubling a scandale that hath happened in the Commonwealth you doe feele it and in