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A17337 The orator handling a hundred seuerall discourses, in forme of declamations: some of the arguments being drawne from Titus Liuius and other ancient vvriters, the rest of the authors owne inuention: part of which are of matters happened in our age. Written in French by Alexander Siluayn, and Englished by L.P.; Epitomes des cent histoires tragicques. English Le Sylvain, ca. 1535-ca. 1585.; Pyott, Lazarus.; Munday, Anthony, 1553-1633, attributed name. 1596 (1596) STC 4182; ESTC S106976 248,629 426

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Marius and Silla and afterwards Caesar and Pompey had not with other good customes caused this likewise to bee neglected for the Romane Empire which so many yeares before was famous did wholy decline when offices were more easily obtained by the wealthie then the vertuous but so long as the rich men did suffer themselues to be gouerned and iudged by the poore Fabricias and such others no kingdome was more happie and prosperous then the Romans Commonwealth The Venetians haue flourished almost a thousand and two hundred yeares by the like meanes in making more estimation of such Senators as were vertuous then of those that were rich who if they haue not vertue ioined with their riches do there neuer obtaine anie dignitie which is the cause that amongst them iustice is rightly administred and that the condemned doe neuer hope for anie redemption or fauour by appeales but because we are farre from the presence of the King from his Counsell and from the most worthie chiefe Court we in this our Prouince do see the iudges so corrupt or sometimes so ignorant that of an hundred appealants two doe not returne rightly iudged It were reason therfore that this our iudge were allowed some certaine time to learne of the Lords which haue of long time ben of this Parlement before he haue this authority to adiudge those appealants which haue appealed from himselfe truly I should thē be content to say that I haue appealed from him being vniust vnto himselfe being become iust but what assurance haue I now thereof Seeing that in authoritie which is indeed the touchstone to trie men withal the most part of them doe wax worse and euen as the waight of gold diminisheth being oftentimes rubbed vpon the touchstone so doth the consciences of such as are but slenderly indued with vertue decay by often changing of their dignities for if men did know or at the least would not dissemble how hard a thing it is to vse the office of a iudge there would be so few that would couet to buy that place as hardly should there bee any found that would bee desirous to take such authoritie vpon them Neuerthelesse this being not my iudge but mine aduersarie not content to haue adiudged me once would condemne me againe King Lewis the twelfth when one counsailed him to be reuenged on those which in times past had offended him answered that it was not the part of the king of France to reuenge the wrongs which were done vnto the Duke of Orleans which surely were both the words of a noble and mild prince but I find not any of these two parts in this new president but rather on the contrary it seemeth that he hath made himselfe president to cause those to die whom he hath wronged being but an inferiour iudge of whom I am one and he which is vnto him most odious The old prouerb saith That the ignorance of the iudge is oftentimes the cause of the calamititie of them that are accused O happy world wherein this Prouerbe was inuented if then the iudges did only offend through ignorance although the same be a fault great inough what shall we alasse say then in these daies Wherein malice exceedeth ignorance and that for the most part they harbor both together Or that which is worst of al if it may be lawfull to speak the truth that as the number of the skilfull encreaseth so the number of the good decreaseth and when that happeneth there can no good bee hoped for in the Common-wealth for there is nothing more dangerous in the world then to haue such a man in authoritie that is wise and wicked both together because that for euery purpose they haue examples very readie to prooue and persuade their wicked intentions to be lawfull like vnto this man who by his monie is made president Wherefore I doe rather submit my selfe vnto anie other iudge then vnto him whom I doe vtterly refuse The Answere IT is a common thing that such as are offenders doe hate and slander their iudges and the more iust they are the sooner doe they falsly accuse them of iniustice wherein they themselues doe make their crime more apparent for they would haue the iudges such as they are that they might pittie those that are like vnto themselues or at the least that they might be such as would be corrupted the which they cannot hope for in those that are iust wherefore they are driuen into despaire knowing that no punishment can hurt the desperate man as also that there shall not so much be inflicted vpon them as they doe deserue and so they vomit out their poison against the righteous iudge the which they doe the more boldlie because they know wel that for all their speech he wil be neuer a whit the more cruel vnto them but without any stearnnesse or malice wil iudge them according to the laws executing them rather with mercie then rigor neither shall the wicked be able to mooue his patience for he which perceiueth himselfe to be blamed truly is angrie and thinketh to be reuenged but on the contrarie he that knoweth his conscience cleare maketh no account of slaunderous speeches or if he chance at the first brunt to be angrie he doth presently bridle the same his anger by reason rather desiring to remaine such as he is then by rage or passion to become such a one as in ttuth he ought not to be I am the same man which he affirmeth me to be so also is he nothing amended since I condemned him I did neuer beare him anie ill will neither did he euer giue me occasion so to doe but truly I haue condemned him but with lesse rigor then his deserts required or the lawes commanded but why should not I bee odious vnto him whom I haue condemned to die Seeing that the Phisitions and Chirurgions who doe employ themselues to saue mens liues are oftentimes heartily lothed of them when either they touch their sores or will not suffer them to follow their noisome appetites but do rather appoint them to take good and and wholsome things the child and the seruant yea and the wife doe for the most part hate the father the master and the husband which chastise rebuke them how much more then doth the offender hate the iudge which condemneth him Seeing he wrongfully deemeth him to be the cause of the shame and punishment which he receiueth although himselfe be the occasion both of the one and the other euill Whereas he saith that I haue bought my office to hurt him there be some other proofes then his tongue to verifie the contrarie It is likewise apparently seene how he slandereth the most part of iudges It is a goodly matter indeed for an offender to censure the deeds of iudges and to discourse of equitie and iustice as also to dispute whether offices may be sold and whether officers ought to be yeerely chosen or not you are brought hether to be