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
his own accord he offered himselfe to abide any punishment yet were his torments aggrauated the more All these acts O Romans are most lamentable worthy of great compassion amongst men But yet the hatefull contempt which this monstrous man hath made of your authoritie is most detestable For as he was in acting the second execution at Callie when the miserable soules were not yet all bound to the stakes there came as it were by diuine grace and your goodnes letters from the Praetor and people of Rome to stay their execution neuerthelesse this man his rage alone preuailed more than did the clemencie of all the rest of you But what is this man who presumeth to be more wise and taketh greater authoritie vpon him then all the other Romanes besides Surely if crueltie be wisdome and presumption carrie authoritie hee hath reason But if humanity be decent for men and to thinke no better of himselfe then others be modestie he hath done amisse for hee is worse then a beast that thinketh himselfe better then any other man If it were lawfull I would faine know what moued him that he could not so much as stay this last cruell execution Or what hurt might haue happened vnto the Romans therby of whom we are the true though disobedient children since heretofore we freely gaue our selues all we possessed into their hands But if some amongst vs more ambitious then the rest vpon hope to command the weaker sort haue yeelded themselues vnto Hannibal was it conuenient that euen those who were displeased therewithall should die so cruelly without being admitted not so much as to speake for themselues Alas this crueltie is too extreame and so much the more in that it was done against the intention of the Senat people of Rome But God graunt that vnder the colour of this horrible deed there be not some secret hidden more pernicious and hurtfull vnto the Romans then euer our rebellion was I know besides the difficultie thereof how much all true Romane hearts doe detest such as do aspire to tyrannize ouer their owne countrey yet I may say that the deeds of Fuluius doe shew that he aimeth at that marke and it may be himselfe suspecteth that so much is alreadie knowne by him which was the only cause why he was vnwilling that the Capuans should be suffered to speake least some thing might haue beene disclosed vnto his preiudice the which I will not affirme because that if it were so it ought to be more then made manifest since that many haue not only bene suspected but also greeuously punished for matters lesse apparent then this And amongst others Coriolanus Manlius Spurius Cassius and Melius only for shewing themselues ouer liberall To conclude I feele my selfe so ouercharged with griefe as I am not able to speake in such sort as I ought pleading before this honorable Senat who may be pleased to beare with my weaknes considering that they neuer keepe decorum which are ouercharged with extream sorrow May it then please you most worthy Senators protectors of equitie by that little which I haue badly expressed to consider what might further be spoken vpon this matter by one who is free from all anguish and feare The Answere of M. Attilius in the absence of Fuluius I Thinke most graue Senators that these men here haue no other reason to complain of Fuluius but only because he hath saued the liues of too many of the Capuans For it is very certaine that after the taking or surrender of Capua Fuluius caused information to be made of all those that had borne any good will vnto the Romans and there were found no more then three silie women that is to say Vestia Oppia and Faucula Cluuia who by the hire of her bodie did secretly relieue the Romans that were in prison and the other did euery day offer sacrifice for the prospertie victory of the Romans The third being but a yong girle was the same that came vnto our campe and gaue intelligence that those Numidians which fained to be runne away from Capua were sent for spies and some of them were found with letters about them to carrie vnto Hannibal Touching the rest it may be said that although they were all guiltie yet did Fuluius cause those onely to die who surpassed the others in authoritie Wherfore Fuluius was no lesse mercifull vnto those whom he saued then iust vnto them that he executed But it is the manner of the wicked yea of the most part of men seldome to say more rightly none of their Citizens were worthie to liue so did Fuluius but well hauing seene with his eies your obstinacie in fighting your fauour to Hanniball and your hate to the Romans therevpon to execute iustice as also because the dignitie of the consulship carrieth with it the authoritie both of the Senate and people in such affaires where expedition is required and it is not for the offenders to demand an account of the iudges for the iustice which they haue executed but those who by their fauor are yet liuing ought rather to admire their most wonderfull mercie Say then that your cruelties haue bene the cause that Fuluius may yet be called more mercifull then iust Finally he is the man who leauing his Collegue hurt at the siege of Capua came with part of the armie to succour Rome and fight with Hanniball who was before our gates at your instance He it is who hath compelled you to submit your selues againe vnto the Romans And he it is who in the behalf of the people hath yet the power to punish you further Wherefore it is but follie to answere particularly to euery slaunderous supposition which you would assert against him since those that are conquered do neuer loue their conquerors Declamation 2. Of the first Earle of Flaunders who was accused to the French King for hanging his eldest son THe Flemmings write very obscurely in their Chronicles that their first Earle was named Leideric being the sonne of one Saluart a Foster of Flaunders and they say that the said Leideric while he was yet a Foster and comming to suruey his woods did find the French king his daughter bebloubered with tears because that in the said forrest some had murthered a Prince of England who had secretly stolen and carried her forth of France Which Princesse Leideric married and of her had seuen sons whom he caused to be all apparelled with garments the left side whereof was cloth of gold in honour of their mother and the right side was woollen cloth because himselfe was neither prince nor knight Now it happened that the said French king whose name they likewise tell not followed in chase of Hart euen vnto the cittie of Liste in Flaunders where the said Leideric dwelt with whom the king was lodged who thorowly viewing Leiderics children thought that they greatly resembled his daughters countenance and demanding for their mother he presently knew her for his lost
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
shall newly come forth of their office The Answere WE do confesse that the Dictator should be such a man as you say but you did not or at the least would not tell what els was requisit for him to doe which is that he ought also to consider to what end he was created whether to represse the Tuscans or to abolish or abridge the authority of the officers appointed by the Senat and people as if he alone were wiser then all the rest There was neuer any Dictator made vnlesse it were to withstand those casualties which could not otherwise be redressed We doe not stand vpon the necessity of this abridgement but doe onely demand if it could not be done vnlesse a Dictator should by this deed embolden the people euery day to attempt new matters And giue an example vnto the succeeding Dictators to do other things thē those for which they are ordained for of all things as well good as bad the beginning is the chiefe point so that it is most dangerous to be the ringleader vnto others to doe amisse because suddainly they alleage the example of him that went before them For the greater his authoritie is that was the first inuenter of any such matter so much the more pernicious is the same vnto the Commonwealth therfore we haue not done amisse if that should happen which you say because those which would follow his example should also remember that such presumptuous acts do not so greatly profit as they are supposed But we haue not burthened him for this cause but only because it was our dutie so to doe and we are no more bounden to giue an account of our actions then he is of his the which seeme no lesse contrary to the Senat then fauourable to the people who are ouer insolent of themselues already and although we will not say that Mamercus entendeth by this popular fauour to performe some bad act yet who shal hinder some to thinke that by such like means a man may imagine to aspire vnto some such vniust matter I will not say to be tyrant for there is more then one way to attaine vnto the same as there are many sorts of tyrannies Wherefore it is the duetie of a good Citizen to shew that he doth quite detest euery act that may breed any suspition Therefore it were no wisdome to come vnto this extremitie of the deserts either of his or our actions for the disputation thereof would be no lesse difficult then dangerous so that it were better to deferre that vntill you haue obtained as you say that we must be adiudged and corrected by our predecessors in the meane season let vs now pretend that our authoritie is more then your vnderstanding doth allow it We are not ignotant of Mamercus his vertue neither can we but know what fauour kindred and meanes he hath nor hath he offended vs but rather the Magistrat and the Common-wealth for hauing abridged the office he taketh away the men euen then when they might doe most good therein for there is no man so perfect that at the first committeth not some faults or at the least wise doth not execute a charge better after he hath beene exercised in the same some years then when he first began to vse the same the which neither he himselfe nor you can with reason denie neuertheles there is no malice in vs but rather in you that doe not only accuse vs but threaten vs aswell with the future authoritie of Mamercus as also that we must answere our actions vnto those that supplied this office before vs but considering that threatned men doe liue long and such as do most fear do sorest threaten and because threatnings are for the most part sure weapons to defend the threatned we will make no account thereof and the rather because they come not from him whom you pretend to haue the greatest wrong who is ouer wise to vse such speeches and though he should yet could we answere him well inough no man knoweth better then himselfe whether his wealth be increased and whether his imposition be ouer burdenous or no if he doe either affirme it or you doe prooue it we will answere you and if we haue heretofore spared him it was because the time did so require it and for some other respects wherewith we are not to acquaint you Finally Mamercus during his office did that which he thought good and we during ours neither haue nor will doe any thing but that which is good honest and reasonable and we are not to answer you for our actions God graunt that the people doe not beleeue that Mamercus hath abridged the office of Censors for the same end and purpose as Spurius Melius extended his liberality of corne vnto them Declamation 9. Of the husband that slew his wife for hauing lost two of his children the one by fire the other by water A Certaine woman as she was washing and wiping her little sonne did see her yong daughter fal into the fire wherevpon being ouer hastie to helpe it she let her sonne fall into the boule of water wherein he was drowned herevpon her husband happened to come in who presently slew her The womans kindred apprehended him accused him vnto the iustice saying THis wicked fellow not being content with two mischances would needs ad therevnto a third mischiefe O what griefe ought ours to be that hauing not only lost our yoong nephew and his mother but being iustly prouoked thervnto by this damned deed we must likewise procure the death of this wretch which in an vnluckie houre was our kinsman seeing that he alone must be the dishonor of all our linage dying as a publique spectacle by the hands of a hangman according to his deserts because he hath ben worse then a hangman to his poor wife whose only company he deserued not being so chast honest and vertuous as she was bearing a sincere and deuout loue vnto him who was her butcher so as I dare say and beleeue that this soule of hers no lesse louing then innocent dooth yet lament in another world not only in that she was martired by him who ought to haue loued cherished and defended her from all others that would haue burther but also taketh pittie vpon the most iust miserie of this murther and as whiles she liued she alwaies preferred his contentment before her own so now she would thinke her selfe happy if it were possible that she might once more die to saue his life as did the charitable Alcest to saue her most deare Admetus but I would demand of this wicked man wherein his wife had deserued to die by the hands of him who had sworne to keep and defend her from all iniurie Alasse an ouer vehement charitie made her commit a fault which as it fell out was great but to be blamed for it she is not For a motherly loue and a naturall charity seeing her daughter fallen into the fire made her
earth how could I then better honor my father then hauing compassion to see him so importuned to deliuer him from such a paine according to his good commandement If you had taken as great care to the patient as you did to the Notarie you should verie well haue perceiued how he made a signe with his head that the same should be done which I did though not so soon as I ought because I would first be informed what his will was which so soone as I vnderstood I suddenly put it in effect without suffering it to be set downe in writing for feare least others seeing this testament should also put in practise this last point whē you gaue them the like occasion could I then offend you when I thought vpon you chiefest benefite Also I cannot beleeue that I haue slaundered my father in yeelding such obedience as was due vnto him and giuing him the means to apply his last thoughts vnto his true saluation if there be anie fault done it proceedeth of this that I did not exactly vnderstād the progression of your dignitie for I did thinke that men so worthie ought to approch more neere the perfection of him whom you say they doe represent This is all wherein I may haue failed for the rest I referre me to the iudgement of those which are of more knowledge then either you or I am Declamation 13. Of him that would disherit his brother because he had smitten his father IT was an ancient law that whosoeuer did smite his father should be disherited wherevpon it chaunced that a certaine yoong man being drunken did strike his father who imputing the fault vnto the wine both dissembled the matter and pardoned the offence but the father being dead without making anie will the yoonger brother would haue his elder brother to lose his inheritance because he had offended the law saying YOu know O you iust iudges that which the law hath appointed for those that strike their father I require the execution thereof and it must not serue his turne to say that the wine made him to doe it for such an answere in steed of an excuse would make him double in fault and he is as well worthie to be excluded from anie part of his mothers good as he is to lose euerie whit of his fathers inheritance the one because he did beat his father and the other because he vseth to be drunken for the drunkard is more worse then a brute beast which neuer drinketh but to maintaine life but it seemeth that the drunkards liueth to no other end but onely to drinke What mischiefe happeneth not thorow this vice of drunkennesse The Partriarke Noe was the first that planted the vine so also he was the first that was drunke therewith what happened vnto him thereby Nothing but onelie shame anger and displeasure Lot also being drunken committed incest with his daughters Cambisses being reprooued by one of his faithful counsellors because he was commonlie drunk did with an arrow strike through the heart of the said counsellors sonne saieng can he be drunke that shoots so faire a shot That great conqueror Alexander slew his Foster brother Clitus comming from his banquet and afterwards being sober he would haue slaine himselfe for sorrow but who knowes not that such fruits come of drunkennesse Wherefore they being double in fault which commit wickednesse thorow that vice deserue double punishment And now to returne vnto our first matter who will not say that my brother ought to lose his inheritance seeing that he hath strooken our father because the same maketh a doubt whether he be his sonne or no and if he be his sonne as I beleeue he is the greater is his ingratitude wherefore there is no need to stand vpon my fathers dissembling or pardoning of the wrong for as much as I should likewise haue consented therevnto but I will still say that it is fit to hang vp the vessels which doe containe such pestiferous licquor and that there is too much fauor shown vnto those who for drinking ouermuch and afterwards beating their father are but onlie disherited The Answere YOu blame me for an offence the which I know not whether I did it or not or if I did it at the least it was against my wil but were the matter as you say it is Yet were it not to be attributed to my fault because I did not know him whom I offended Trulie I confesse that I haue misdone in drinking too much but you do most wickedlie sinne through malice in going about to alter the meaning of your deceassed father and to disherite your brother that neuer did you anie wrong Wherefore do you desire that a fathers kindnes should be abused Why doe you make the world to doubt whether you be his sonne and my brother That he is my father his pittie hath declared but your ambition and extreame auarice makes me doubt whether you be my brother for brethren ought to loue together and helpe one another yea if need were to die one for another as did Castor and Pollux Agamemnon and Menalaus with diuers others whose fame shall be immortall for this affection wanting vndoubtedly they are no more brethren but far greater enemies then strangers can be I confesse also that wine is the cause of great mischiefes and therefore I will keepe me from it but you your selfe do bring in a sufficient excuse for me in saying that so manie great parsonages being ouercome with wine haue committed verie great faults as well as I as touching the double punishment which you would haue your passion maketh you to giue that counsell which neuer heretofore hath been allowed for currant but tell me who hath made you more wise then our father and those that sit in iudgement that you will make new lawes Seeing that you haue receiued no offence thereby and that our father hath made no complaint thereof at all It is manifestlie to be seene that couetousnesse and not a sonnes loue inciteth you against me for if such a zeale did stirre you vp why made you not your request during our fathers life But you knowing verie well that he was not or at the least thought himself not offended haue staied for his death to ouerthrow your brother Declamation 14. Of one that to escape his enemies took away a Priests horse byforce A Crtaine man flying from his enemies that would haue slaine him met with a Priest on horsebacke whom he praied to sell or lend him his horse in that extremitie the Priest flatly denied him the other tooke the horse by force and afterwards hauing escaped he sent home the horse againe together wtth a good reward neuerthelesse the Priest accused him of theft and said THe chiefest point of iustice by the which the Common-wealth ought to be maintained in peace is that euerie one may quietlie possesse without anie let or disturbance that which he hath iustlie gotten As for me I will prooue verie
man may often receiue hurt by his neighbors how much more then by him that dwelleth in the same house with him In thinking to saue part of your abilitie you would blemish your whole honor for in pulling downe your habitation and letting the offenders stand whole it will be thought that you haue committed the crime that he is innocent because the same is done as much for a perpetuall memorie and reproch of the offence as for an example to others and the law was ordained for the strong houses no more then it was for those that were weake whose losse will be a lesse hurt vnto the Commonwealth Moreouer where the greater number is there do such faults happen the oftener as also because the common people are lesse afraid then the Noble to be conuinced of crime for as much as the fall of the great cannot chuse but be great and therefore the more to be feared and especially when it concerneth the losse of honor which is so hardlie to be gotten but being once lost sildome or neuer may it be recouered The augmenting of the gloses of the law cannot redound vnto the preiudice of iustice which is to correct or punish the wicked without anie respect at all if you haue nothing to doe with the fault of the offender no more also hath iustice to doe with the losse which you sustaine for dwelling so neere vnto him and you must not say that this void place shall serue for a lurking hole for theeues and such wicked people as walke by night for so long as iustice shal be trulie administred the number of such kind of people will be but small But why doe you not as well say that this place will serue for a terror vnto those which would commit the like offences seeing the token that iustice hath here left for the same and this must be especially remembred that there is no other bridle to restraine the wicked then the inuiolable execution of the laws yea it is the chiefest work of mercie to punish the wicked with rigor because that by the punishment of one an hundred are terrified wherefore we must not for some little particular losse neglect the common good and the rather because that for your losse you may seeke your remedy vpon the rest of his goods but should it be otherwise yet ought you to preferre iustice which is immortall as being the daughter of God before a little temporall goods Declamation 24. Of him who hauing lien with his bondwoman would neither manumise her nor consent that her sonne should be sold THe law in times past was such that if any man did lie with his bondwoman he was inioined to manumise or make her free Wherevpon it happened that a certaine man begot his bondwoman with child he being called before the Iustice did sweare that hee did not lie with her she being in trauell with her child swore he did the iudge the better to sift out the truth and to be assured whether the child were his commanded that he should be sold for a slaue the man lying in prison for debt vnto the which he would in no sort agree Wherevpon the iudge presumed that he was the father of the child and cōdemned him to manumise the mother The man appealeth saying IT is manifestly to be seene that the iudge is more caried away with passion then guided by iustice for first he would haue me to make my bondwoman free and yet she neuer requested me to doe it and next he hath constrained me to sweare thereby to exempt me from doing it but not content therewith hauing bethought himselfe vpon the speech of her being in trauaile of childbirth and it may be incited by himselfe would that there should be more credit giuen vnto the oath of a bondwoman then vnto his that is a Citizen free born and owner of the bondwoman who doubteth that she seeing her selfe fauoured of the iudge will not take an occasion to sweare an vntroth to gaine her freedome But must he beleeue her for all that When a slaue is taken for an offence if he saith his maister is partaker with him therin is he to be beleeued Do we not know that euery slaue hateth his maister But the passion of the iudge is verie manifest in this that amongst al the moueable goods which I haue he would needs cause this poore child to be sold who as yet cannot speake I gainsaying so great a crueltie he would inferre that I declare by the same that he is my sonne the which is not true but I am not so hard hearted neither do I hate the sillie creature born within my house so extreamely as I can without compassion see him seperated from his mother so yoong which is almost enough to kill him but what a iudge are you That in steed of exercising mercie wil hinder others from vsing it Whereby a man may easily know how vnwoorthie you are to execute the office of a iudge seeing that iustice and pittie ought to be ioined together as the body and soul which being separated one from another the bodie dieth euen so without mercie iustice dieth and as the dead bodie by corruption is turned vnto earth so is iustice without mercie changed into crueltie How long did the cittie of Rome flourish being grounded vpon pittie When in her beginning she receiued al nations which had elswhere no place of aboad And yet you would condemne me because I imbrace pittie in my heart which will neuer enter into yours otherwise you would comfort me being so miserable a prisoner as I am but to encrease the afliction of the afflicted you would not onlie cause that to be sold which he loueth but also would haue him manumise his onlie bondwoman from whom he might reape some profit by her seruice Yet if at the least you had willed the mother and the child to be sold both together your crueltie then should not seeme so manifest but like vnto Herod you haue a desire onlie to hurt the innocent and the prisoner notwithstanding I haue so great confidence in the equity of those who are more righteous thē you that they hauing iust pittie of the afflicted and innocent will condemne your crueltie The Answere VVEre you so honest a man as you should bee you might both be free from this punishmēt and I eased of that trauel which you haue put me vnto but how would you be esteemed iust and pitifull seeing that you your selfe doe giue men occasion not to thinke you so shewing your selfe to be either more slanderous then anie other or els trulie verie miserable Doe you not know that it is the greatest vertue that can be in the world for a man to bridle his tongue and that it oftentimes hurteth his own maister more then doth his enemies sword Wherefore I stand in doubt whether your malice or ignorance is greater but the one being neuer without the other I will onely say that you shew
that due punishment which he deserued wherfore the Prouerb may be trulie verified by him which saith That the gallows is not so much made for the theeues as for the vnfortunate for if he had not ben dead the witnesses of his iniquitie would haue proceeded as they ought who as mine aduersaries saie doe forsake me in my need yet not for those reasons which they alleage but because they are corrupted as well by the bribes of the widdow and kindred of the malefactor as also by the importunate requests and threats of others more mightie then they for such is the miserie of our age that men are now more easie to bee corrupted then euer they were moreouer I cannot but suspect that his kindred fearing least the truth should come to light haue poisoned him in prison yea and it maie be by his owne consent doubting that although all the witnesses might be verie well corrupted yet if I my selfe would haue ben bound vnto the racke against him to haue prooued to his face that my accusation was most true I was not then the cause either of his imprisonment his discredit nor yet of his death but his offence was the occasion of all yea and by his death he hath depriued me of the means to prooue the same thereby to bring my reputation in question and that it is so if anie of these stout fellowes my aduersaries who now thinke to face me out at their pleasure will maintaine the innocencie of their dead kinsman against me vpon the racke I will not onelie there aduenture my credite but also my life the like will I also doe against the prowdest of those witnesses who being corrupted with bribes are become dumbe But let a nie one shew me some reason whie I should accuse him wrongfullie seeing that twixt him and mee there was neuer anie malice quarrel or other occasion whereby it may clearelie appeare that the true and onelie zeale of iustice inforced me to accuse him for otherwise I had no reason to procure so manie and so mightie enemies against me To conclude by the foresaid reasons it maie appeare whether he himselfe hath not ben the cause of his owne mischiefe therfore none but himselfe deserueth to be blamed or harmed for it Declamation 35. Of the sonne of abondwoman which would disinherit his brother THe law of bondmen or slaues is yet in Spain that those which haue bought them be they Christians or no they may kill them or make them doe what they will Wherevpon it chanced that a man bought a maiden slaue and hauing lien with her shee bare him a sonne some few daies after shee died wherefore the foresaid man bought another bondwoman to nurse vp his sonne and he did so much also with her that shee likewise brought him forth another sonne shee liued with him and ruled his house till that the children were great and that the father happened to die who by his Will appointed that the eldest brother should part the goods and the yoongest should chuse He made no mention at all of the woman so that she still remained a slaue and the eldest sonne tooke occasion thereby to defraud his brother of his inheritance or pretended patrimony for to make his partition he placed the mother of his brother on the one side and the goods on the other saying chuse take thy mother and leaue me the rest of the goods or take the goods and leaue me thy mother the other seeing this extremitie would not chuse but accused his brother of deceit or punishable cousenage saying THe law commandeth and the Will appointeth that thou oughtest to part and I ought to chuse but thou neither hast parted nor yet can I chuse for the dutie and loue which I beare vnto my mother compelleth me not to leaue her and especiallie at the discretion of so wicked a man as thou art seeing that thou inforcest me to three extreames the one is to forsake my mother or to disherit my brother or lastlie to compell mee and my mother to liue continuallie in pouertie Great is thy malice to inforce mee to become as wicked as thou art callest thou this a partition to place all the care on the one side and all the goods on the other My mother is growne old in the keeping and increasing those goods which thou wouldst vsurpe and now being weake and vnprofitable thou wouldest haue her to die for hunger with me or els that she shold abide in extreame miserie at thy discretion doest not thou know that thou art the sonne of a bondwoman as well as I Yea and that thy mother neuer got thee anie good toward houshold but my mother gaue thee suck and nursed thee what ingratitude can then bee more great then thine Make such a partition at the least as I maie remaine without blame in the chusing and yet not quite without liuing If deceit or punishable cousenage is distinguished by taking from any maÌ„ that which is his then thou doest worse for thou not onlie leauest me nothing but thou increasest my miserie this is not the first time wherein the deceiuers doe seeke to cloake or coulor their deceits with some law or statute vnhappilie wrested but I hope that the Iudges will haue a respect vnto my integritie and reprooue thy detestable iniquitie The Answere I Haue parted better then thou canst chuse wherfore there is no abuse in the partition but in the election For on the one side I doe set thee riches and on the other side immortal honor for louing thy mother best which shall serue for an eternall memorie and glory How manie are there that would buy such a felicitie with the price of their liues As Curtius who for the good of the Commonwealth leaped headlong into a burning gulfe Sceuola burned his hand because he missed the killing of Porcenâ—a Horatius fought alone against the whole armie of the Tuscanes and defended the bridge which he caused to bee broken downe behind his backe Hercules and Alexander fought for glorie not onlie against men but also with lions and other beasts why wilt not thou then gain this glorie when thou maist obtaine it without anie danger of thy person Lastlie seeing that profit and honor cannot goe together and that thou shunnest honor leaue it to me and take thou the profit I had rather haue the renoune to loue my stepmother better then thou dost thine owne mother then to haue all the goods in the world moreouer he carrieth away no small portion of the patrimonie which shall haue her who hath long time gouerned the whole as thou confessest I am of the mind that our father left her still a bondwoman to the end that thou shouldst haue no other thing but her or at the least that by the same it might bee knowne which of vs is most worthie I doe not say that I will not giue any other thing vnto thee but I would first see if thou deseruest it and that thou
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
women is such as they must be pure chast and free from all crime but the Abbesse must be the chastest of all the rest Wherevpon it chanced that a certaine yoong Nunne of Naples was to saile into Sicilie to be an Abbesse there but her misfortune was such that she was taken vpon the sea by Pyrats they sould her vnto a bawd in Barbarie who put the said Nunne into a Brothelhouse to get monie by her but she declaring her misfortune vnto such men as came to take their pleasure of her did so win them by her persuasions that they giuing her the accustomed reward left her a virgin vntill that on a time there came vnto her an insolent souldior who would in no sort regard her speech but hauing paied his monie would by force haue had his will of her and as he was striuing with her she drew his dagger forth of his sheath and slue him for the which she was put in prison but being before the Iudges shee was not onely acquited of the murther but also they sent her back vnto Sicilie vnto the place whether shee was determined to goe She being there arriued they would not receiue her for Abbesse but said THis woman here which would be an Abbesse should yet haue ben in the Brothelhouse if she had not murthered a man but can she be chast comming from such a place Nay let vs see whether it be lawfull to receiue such into monasteries whom the stewes and the prison forsaketh Seeing the order of religion may very lawfully be denied euen vnto those as doe but onely passe by such places she saith fortune constrained mee vnto these inconueniences therefore ought euery one to haue compassion vpon me but wee say that those which are worthie of pittie are vnworthie of a prelateship neither is it a custome amongst vs that such places as are of greatest honours should be bestowed in recompence of sustained harms seeing that the only freeing them from their said harms may serue for a sufficient recompence of their passed miseries Likewise we may consider how smally she deserued by the little care her parents took of her distresse not onely in suffering her to be lost or taken away but being taken neuer sought either to recouer her or once to seeke her out and what did the Pyrats see in her that they rather sold her vnto a pandor then to a Princesse or to some other honourable ladie If she knew how to persuade so manie men to leaue her a Virgine as she saith wherefore could she not persuade her mistresse to suffer her to gaine her liuing by some other means rather then to put her forth to so vild a vse or els why did she not as Hippo the faire Grecian did who leaped into the sea so soone as she perceiued that she was taken by Pyrats Alasse if this woman obtaine the Abbesseship greatlie are the Nunnes of this order to be pittied if amongst them there cannot bee found one more chast then an harlot or more innocent then a murtherer She cannot be chast inough to rule ouer vs especiallie seeing she saith I knew how to persuade all those that came vnto me the which sheweth a certain token of her immodestie for otherwise how could she haue pratled so well in that place where such as were modest would haue burst into teares and without being able to speake one onlie word would haue died for shame Let vs then take the case thus that in her there are three do claime to be Abbesse the first is one taken by Pyrats the second such a one as hath liued in the stewes the third she that murthered a man of whom the best is farre vnworthie of anie honour The Answere GOd herein was minded to shew his power by making this woman free in bondage chast in a dishonest place and most innocent in committing murther to defend her chastitie I know not whether anie did euer deserue the place of Abbesse so well as she but I am sure there would bee somewhat to doe to depose all the Abbesses that are lesse worthie then shee How chast she is the blood of the slaine souldior doth testifie how innocent she is the Iudges doe declare how happie she is her returne doth shew Wherefore it is verie manifest that God would neuer haue preserued her from so manie perrils if it had not ben to serue him in some worthie place Therefore the same God which hath protected her is himselfe alone a further testimonie of her chastitie and he onely is able to comprehend her admirable valor Declamation 54. Of him who against his fathers mind persuaded his sister to cause him to die that had forced her THe law is that whosoeuer killeth a man by chance he should be banished or put to exile for fiue yeares likewise euerie maid that is forced or rauished may chuse whether she will haue the ranisher die or whether she will haue him to be her husband Wherevpon it chanced that a certaine man which had a son and a daughter was exiled for the cause aforesaid his daughter that remained with her brother in the house was rauished by another yong man who after his fault committed fled vnto the maidens father with whom hee so much preuailed that he obtained letters from him wherein he commanded his daughter to chuse her said rauisher for her husband and not to require his death the father likewise writ vnto his sonne intreating him to persuade his sister to consent therevnto who on the contrarie constrained his sister to demand his death so that the father at his returne did cast off and disherit his sonne saying A Lasse my misfortune is intollerable seeing that I being as alwaies I haue been a louer of the Commonwealth haue notwithstanding bereaued her of two men and both against my will yet not without being culpable therefore in the one manslaughter I was abused by fortune in the other by him who is in name yet not indeed my sonne that hath inforced his sister to disobey her father as well as he in a iust commandement and caused her to obey him in a cruell reuenge some may say that it is incident vnto man to offend it had ben a sufficient excuse if I had not both aduertised and intreated him the contrarie and also if hee had not knowne the griefe which I alreadie sustained for being the cause of a mans death and that I did therefore owe a citizen vnto the commonwealth whom I might haue satisfied in sauing the life of this same man by whom manie others might haue ben begotten so that hauing slaine the other vnaduisedly I might haue saued this circumspectly but thou because thou wouldst haue no nephewes by thy sister and that thou mightest cause me die with sorrow hast broken my purpose wherefore I iudge thee vnworthie of the heritage which so plainlie thou seekest to obtain by so many vnreasonable means The Answere THe death of a good Citizen cannot be
wall accused the son for murthering his father saying O How wicked this world of ours is seeing that it hath brought foorth so cursed a man that hath at one instant both murthered his father would haue don the like to his mother in law so that I beleeue the feare of missing did in some sort hinder or stay his murtherous hand from giuing so great a stroke as hee intended and she fained her selfe dead least his purpose should haue been effected or to saue her husbands life whom this traitor hath murthered least he should haue been a witnesse against him for the fact as also because he did most vnnaturallie hate him for the kind and honest loue the man did beare vnto his wife and therfore he sought the means to expell me from hence that hee might better accomplish his wicked enterprise for two are more easilie slaine then three and it may be that he did put on such like apparell as mine to abuse this poor infant and to corrupt his innocencie by false testimonie but what witnesse can be more manifest then the breaking of the wall the which is likewise pulled down for the desire he had to murther his mother in law The Answere IT is verie apparent that thou commest neither vnprouided of sophistical arguments long before premeditated nor that thou art anie whit abashed of this murther seeing that the horror there of doth nothing hinder thy tongue from babling O miserable man that I am hearing the noise I ranne thether thinking to haue seene the adulterers taken but alasse I found my father killed which doth astonish me in such sort as I will onely answere that I doe not onely rest vpō the childs demonstration but vpon his further affirmation although thou hast of long time kept him in awe so that in pointing to thee with his finger hee hath both declared thee to bee the murtherer and also that thou hast oftentimes forbidden him to accuse thee for the lasciuious kisses proffered in his presence there is not anie witnesse more sufficient then the pointing of this innocent child who is of sufficient age to be able to know and discerne although not subtile inough to deceiue faine or lie If thou saiest that one witnesse is not sufficient then wil I stand vnto the peoples censure and will not refuse that thou she and I may bee all three examined by torments for God the right and fortitude shall be for the innocent Declamation 57. Of him that would compell his sonne to marry with his sister in law that was by him accused of adultery A Man had two sonnes to the one whereof hee gaue a wife who being married made a certain very long voiage into a far countrie during his absence his brother tooke such an hatred against his sister in law that hee accused her of adultery but yet not before the Iudges wherevpon her husband being returned took a bondwoman that was his wiues seruant and caused her to bee tortured so extreamely to know the truth that shee died with the torment not confessing anie thing wherefore his father that loued his daughter in law did sharpely reprooue him that hee would so lightly conceiue an ill opinion of her He as well for greefe that he had wrongfully suspected his wiues honestie and vniustly killed her bondwoman as also to perceiue his brothers malice and to haue procured his fathers displeasure did dispaire and either hanged or killed himselfe wherfore the father willed that according to the Iewish law the other sonne should marrie his brothers widdow or if otherwise he refused hee would vtterly forsake him and renounce him for his heire against the which his sonne pleaded in this sort YOu would haue me to marrie with my brothers widdow whom I haue accused for an adultresse as in sooth she is who caused both my brother to kill himselfe for griefe and compelleth you to disherit me I beleeue that you tempt me to take her to trie whether I did accuse her wrongfully or no for you your selfe would neuer giue mee an adultresse to wife but you might thinke if I did take her that she is chast and I am false truly if you could make mee to marrie her that both hateth me mortallie and I know to bee a dishonest woman one might then assuredlie beleeue that nothing would bee euer impossible for you to effect But why would you compell me to make her my bedfellow that hath made mee brotherlesse Her I say that is the cause of her husbands death of the discord twixt you and me of the scandale to our linage and of the peoples murmuring I haue alreadie chosen a wife that loueth me that will follow me if I will that wil neuer forsake me either in aduersitie or prosperitie and finallie that will bee such a one vnto me as a wife ought to be vnto her husband which will be more worth vnto me then a most great inheritance whereas if on the contrary I should marrie this woman euery one might suppose that I loued my brother but little to wed her that was the cause of his losse The Answere THere is nothing more reasonable seeing thy brother was desirous by his death to acquite the wrong which he had don vnto his wise by giuing credit to thy false accusation then that thou by marrying her mightest also declare her innocencie for the shortest follies are best wherefore it were better for thee to confesse and blot out thy fault by doing well then in perseuering alwaies in thine obstinacie to shew thy selfe in a double fault for thou art the onely cause of all these chances and slanders which thou obiectest therefore in not making amends for thy fault I may lawfully disinherit thee for thy follie Declamation 58. Of the sorceresse which poysoned her son in law and accused her owne daughter to haue ben consenting therevnto THe law appointeth that euery woman which vseth poysoh being conuinced of the crime should be tortured vntill she accused such as were partakers or consenting vnto her wicked act Whervpon it happened that a man hauing but one sonne married a second wife of whom hee had one daughter who being of reasonable yeares the sonne died of poyson and the mother in law is not onely suspected for his death but accused and conuinced thereof wherefore she being laied vpon the racke to make her confesse such as were consenting to her fact she accused her owne daughter so that shee was adiudged to bee burned with her mother but the poor father gainsaid it thus AH miserable child seeing thy mother hateth thee as much as thy father loueth thee O mischeeuous woman that euen vnto thine owne daughter thou art worse then a stepdame art thou not sufficiently glutted with thy passed murthers but thou must further gorge thee with thy daughters massacre But who knoweth not that such kind of people desire not to die without slaughter Wherefore amongst the fencers or souldiors that combat is most cruell which is fought
against a desperate man that is sure to die no doubt but they that may not liue will procure any murther if they can for the death of others maketh them the lesse to bewaile the life which they are readie to lose and where despaire is there doth rage abound because the horror of death filleth their courage with furie they resemble certaine beasts that bite those weapons wherewith they are wounded being thrust through they make their wound the greater that they might approch neere him that hath gored them But how should she feare to belie one that taketh a pleasure to poyson anie Why will not she effect my daughters death that without anie cause wrought my sonnes decay But what sonne Truly euen he that might haue been beloued of euerie stepdame that had been lesse wicked then she that cannot so much as loue her owne husband But to do him a dispight she hateth her owne daughter to death and remembring that she was a mother in law forgetteth that euer she was a mother indeed let then the truth of the innocēt father be of more estimatiō thē the leasings of the guiltie mother seeing that in the extremitie of death or torments the wicked doe neuer speake truth For proofe whereof a bondman that Cato had being conuinced of theft and tortured therefore affirmed that Cato was accessarie to the theft who was then better to be beleeued the bondman and the torture or Cato In like sort you are more to credit the innocencie of the daughter then the malice of the mother The Answere THere are some beasts so raging mad that their yong ones are no sooner brought forth but they become as fierce as their dames wherefore it is best to strangle them while they are yoong likewise the venomous hearb taketh his poyson from the root how much more then may this girle be wicked being born of a mother so execrable and so much the rather because the daughters doe alwaies resemble the mother more then the father how greatly then hath her wicked nature ben furthered by lewd counsell with hope and ambition to be her selfe the sole heire Which was the principall occasions that this stepmother poysoned your sonne and that the daughter consented therevnto wherefore it were no reason that shee should escape punishment Declamation 59. Of the Praetor that caused the head of a malefactor to be cut off at the request of a whore FLaminius the Romane Praetor gouerning in France sitting at the table with a comman woman whom he deerely loued shee said vnto him that she had of long time desired to see some man executed by iustice but shee was ashamed to goe vnto the common place of execution Wherevpon he forthwith commanded a condemned prisoner to bee brought and in the hall where he supped hee caused him to bee beheaded in his presence the which deed was reported at Rome wherefore a long time after Cato accused him of Treason against the Common-wealth saying THe enterludes comedies flatteries whoredomes and other trickes farre vnworthie a Romane Praetor might verie well haue sufficed without further adding therevnto a spectacle so cruel for the recompence of a banquet so lasciuious It may be one only kisse of a minion bought all the whole blood life of a man so that he might be iustlie termed a worse hangman which sat at the table to behold the same with pleasure then was he which smit of the head perchance not without pittie I doe not seeke to rip vp all the faults of so many yeares past to accuse him but that one onely night his act It is more likely that he which bestoweth much vpon a woman would denie her the slaughter of a man thē it is possible for him which granteth her the slaughter of a man to denie her any thing if thou wouldest whip a slaue wouldest thou not carrie him forth of the banqueting hall But who would euer haue beleeued that a whoore should haue desired to behold the hangmans sword vpon the cupbord and the table to be stained with humane blood but yet who would haue thought that euer any Romane Praetor could haue granted such a matter Oh what an abhominable act is this But what shall I say seeing the Romane Empire hath ben in such sort blemished and the law rather polluted then the offender thereof punished Forsake your graues O you Bruti Horatij Fabritij and all the rest of you who were the ornament of this Empire alasse behold how your rods axes and other signes of office haue ben abandoned vnto dishonest damsels onely to please them and to make them sport euery offence that is committed by a Magistrate vnder coulor of his authoritie is more punishable then anie other fault for the Magistrate is a spectacle for all other men because all men doe marke and cast their eies vpon his acts and this man whilest the beholders the hangman and the poore prisoner stoood all looking vpon him suffered both his owne eies and vnderstanding to bee rauished by the lookes of an harlot O earth couer this abhomination to the end that it may be no more remembred The Answere IF hipocrisie or secret ambition did not more prouoke thee then doth the zeale of the Commonwealth I suppose thou wouldest haue ben as slacke in accusing me as thou knowest the same hath in no sort ben wronged by me because the Commonwealth can no more bee disgraced by one mans folly then it may be dignified by one alone mans forwardnes but as nothing is well said which is not rightly vnderstood so is nothing well done that is wrongfullie interpreted otherwise I should be vntouched of crime and you not vntaxed of slander For the Commonwealth is able inough to reprooue that which is not done according to reason and equitie but also to reprehend whatsoeuer is vnprofitable for it Haue not the Senat and people refused to hold those agreements which were made by their Emperors or Generals and sent them bound vnto the enemies If they haue not allowed the faults of two Emperors together wherefore should the fault of one onlie Praetor be laid vnto their charge If to execute a man by iustice may be termed a fault But what need you to inquire where or when such a one did die that was worthie to die You say that I haue slaine one It is true but whome haue I slaine saue only a condemned man You aske when and where I answer that it was in the night and in the common hall And I doe aske you if anie time or place is limited wherein or where a malefactor ought to suffer and although there were yet who knoweth not that in the presence or companie of a lose woman there is alwaies little good performed and that the common hall or the prison is no other then a place of horror and miserie for offenders But it hath beene an ancient custome at Rome that against such as they cannot charge with any great crime they
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
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
spirit from the bodie which is so readie to effect the euill desires thereof Neither is that fit to be allowed which the people doe dislike altogether for it is the common opinion that the peoples voice proceedeth from Gods voice Moreouer if such faults should be borne withall it is to be feared that the people should not onlie be scandalized therby but also they might easilie immitate the same for there is no offence so great that findeth not some shew of a lawfull excuse when the Iudges are disposed to winke thereat But why doe I say onlie saue onelie because vices are vnpunished Let vs therefore doe well least this Commonwealth which hath flourished twelue hundered years through the good iustice obserued therin should decay if the same were now neglected for the same corruption which is in a bodie without a soule is in a Commonwealth without Iustice Consider then you worthie Iudge and Senators that neuer murtherer had his wil or intention good free or sincere as this fellow saith his is for the actions are alwaies witnesses of the intent and meaning of men Declamation 82. Of a rich man that compelled a poore man to giue him his daughter in marriage THe law appointeth that euery maiden that is taken by force or she whom one hath had at his pleasure by any manner of compulsion or abuse may either chuse the death of him who hath forced constrained or abused her or els he shall bee bound to take her to wife without anie portion at all to her mariage Wherevpon it happened that a rich man of Greece entreated a poore man of the same contrie three sundrie times to giue him his daughter for wife but the poor man would not within a short time after as hee went together with his daughter to goe to some place by sea the ship happened to wracke so that the poore man and his daughter saued themselues in a little Island belonging to the said rich man who at the same instant chanced to be there wherefore this occasion fitting to his desire hee friendly entertained the old man made him good cheare and again requested him to bestow his daughter vpon him the poore man made him no answere at all but wept the rich man finished the marriage with her the same euening euerie one being returned into the cittie the father would haue carried his daughter before the Magistrate but her husband would not consent that she should goe thether Wherevpon the poore man said vnto him LEt my daughter come before the Magistrat if thou be an honest man for if she bee thy wife what needest thou to feare But if thou hast constrained her why wilt not thou submit thy selfe vnto her choice thy feare accuseth thee and is a witnesse that thou didst take her against her will thou art no honest man if thou fearest that she will chuse thy death for he which forceth a maid cannot die too soone why doe you doubt if I haue giuen you my consent If I haue denied you why should you haue her Hauing demanded her of me when I was at libertie three seuerall times I did euerie time denie thee and the fourth time being in thy power not daring to refuse thee with my tongue I refused thee with mine eies and my teares seeing then that by two seuerall meanes thou wert refused and that no bodie agreed that thou shouldest haue her how canst thou denie that thou tookest her by force Alas I doe lesse grieue at my losse by sea then I am sorrie for the other which I haue suffered since my comming to shoare for betweene the time of my shipwracke and the forced marriage of my daughter there was not one night What sonne in law would not tarrie vntill his father in law had dried vp his teares But how should I trust thee with my daughter seeing thou darest not trust me Thy malice is an hinderance thereof for thou knowest verie well that thou art the cause of our shipwrack hauing made a fire not in the vsuall port of thine Island but in such a place where thou wert well assured the ship could not arriue without wracking so as not in the sea but in the countrie wee were cast away And I was twise cast away by the losse of my daughter euen when I was wet and being astonished with the sea and giddie with the wind and waues thou camest vnto me to request my daughter as a ship wracked man and a captiue I did my indeuour refusing that by my teares which being free I did with my tongue three times denie thee thou rich leacher but yet thou seing vs in such calamitie thoughtest once more to win vs to thy lure It must be knowne whether that may be called a mariage which is done in the nooke of an island being almost desert where none were present but a few people that escaped from shipwracke all our tears were tokens that wee desired no such thing They are arguments of vnwillingnesse and witnesses of the hearts sorrow no man weepeth for that which he desireth but teares are in steed of intreaties for those which are shamfaste and are ashamed to intreat Thou canst not then deny that thou tookest my daughter by force and it is the more likelie because thou wilt not submit thy selfe to law and stand to her choice whether shee will haue thee for her husband or no. The rich mans answere THou hast nothing to say nor anie thing to doe with my wife except it be to see her Neuerthelesse I refer it to her owne choice whether shee will goe to the Magistrate yea or no but I would not that it should bee at thine instance nor when thou wouldest for I doe verie well know that she was neuer content with those refusals that thou madest me therefore can it not bee said that I haue taken her against her will nor against thy liking for by the lawes silence is a consent concerning thy teares I tooke them for a good token beleeuing that they proceeded for ioy not only that thou haddest escaped drowning but to see that in so great miserie I did not yet disdaine to be thy sonne in law as also that thou wert ioiful to behold my constancie in louing thy daughter For teares are not as thou saiest alwaies signs of sadnesse but sometimes tokens of ioy and especially when they are accompanied with silence for sorrow inforceth a man to speake and ioy prouoketh silence As for the fire which thou saiest I did make to cause the ship wherein thou wast to bee cast away there is none but thou that cōplaineth thereof for euerie one knoweth that my sheepeheards made that fire for their commoditie without thinking to hurt anie man thereby And for the marriage it was solemnized as commodiouslie as the place could afford And it is not to be wondered at if one who hath long time loued most feruentlie did take the fruition of his loue as soone as possiblie he might for the
nature of louers is to thinke euerie minute a month and fearing to lose the good so much of them desired they can hardlie beleeue that which they both see and touch I will willinglie submit my selfe to the law but I will not that thou shouldest haue the credit to compel me in anie sort Thou hast no cause to complaine of thy shipwracke seeing that from the same two holie actions haue proceeded that is to say hospitalitie and mariage I offered thee the one and intreated thee for the other Thou art deceiued if thou thinkest that I will loue thee or thy daughter anie whit the more my life hauing ben once in your power the loue which I doe beare vnto her is great inough without bringing me vnto such an ouergreat extremitie far better is a free and voluntarie loue then is that which proceedeth from anie bond my affection cannot be increased because it is alreadie perfect My marriage declareth that I neither rauished nor constrained thy daughter at all vnlesse it be because I married her without anie substance at all if thou art not content that I haue so done giue mee her portion and I will accept it If thou hast no goods vse mine as the goods of thy daughter and let vs liue in peace Declamation 83. Of a blind woman that would haue detained her sonne from redeeming his father out of prison THe law appointeth that euery child which was old inough to serue and releeue his father or mother and would not indeuour himselfe so to doe ought to bee imprisoned or kept in bonds as a bondslaue Wherevpon it chanced that a man made a long voiage by sea leauing his wife and sonne at home being vpon the sea he fortuned to be taken by Pyrats so that he was constrained to write vnto his wife and son that they might find the means to ransome him out of captiuitie The wife wept so much as she became blind therewith the sonne would needes depart to redeeme his father but his mother would detain him demanding that seruice at his hands wherevnto the law did bind him and would haue caused him to be laid in bonds because he would not tarrie the sonne pleaded against her thus IT is sufficient that two remaine in bondage without desiring that the third should likewise bee laid in bonds the prison detaineth my father in thraldome and your bondage mother is your blindnesse Wherefore will you heape miserie vpon calamitie in bringing me also in captiuitie what wrong doe I vnto you in leauing you a little while for so good an intent as to releiue my father Will you haue the world to doubt that you are not so louing a wife towards your husband as alwaies hetherto they haue esteemed you Will you that for your sake a man may say that all women are in their extremities Doe you not know that vertue consisteth in a meane Will you haue me to forsake my father do you not perceiue that his captiuitie summoneth mee to trauell for his libertie Doe you not consider that the chiefest part belongeth to the father and the second vnto the mother He is abroad you are at home he is in bondage you are free you are amongst pittifull Cittizens hee in the hands of pittilesse Pirats his feet are fettered but thanks to God yours are at libertie true it is that you are blind but alasse he is farre more miserable then you for your blindnesse hindereth you from beholding an infinite number of things which would vex you but he continuallie seeth his enemies vieweth his chaines whippes and bastinadoes which he often feeleth and hourly feareth and looketh vpon the oare and other instruments wherewith he is euermore tired You say the voiage is too dangerous for me how manie are there that to win the loue of some gay ladie will not sticke to aduenture anie daunger whatsoeuer Why then should I feare to deliuer my father Consider that such as hinder others from well doing doe amisse themselues and that hee which giueth not all the aid he can vnto those that are afflicted may be well said to bee the onlie cause of their affliction Wherefore deare mother I beseech you not to be one of that number or if you will needs bee yet suffer me not so to be The mothers Answere IT is thou that desirest vnto my husbands losse to ad my sonnes lacke and so finallie to procure my vtter desolation leauing mee here alone blind and poore If thy father being old subtle could not escape from being taken by Pirats How wilt thou being yong and simple shun the like perils Doest thou say that thou shalt leaue me for a small time when I know thou canst neuer return If thy father had beleeued me he should not now haue ben in that calamitie wherein he remaineth and into that which thou wouldest cast thy selfe neither yet should I haue beene constrained to haue brought that loue in question which thou saiest thou bearest vnto vs both in that which I require there is no extremitie at all for being bound vnto twaine he or she that is present may command as being the nearest thy death or thy losse will not anie whit deminish but rather double thy fathers miserie when he shal know it if he be not dead alreadie as I fear he is For yong men may die too soone but old men cannot liue anie long time if he were aduertised of my blindnesse I am sure he would command thee not to forsake me how wouldest thou then haue thy voiage to prosper when thou vndertakest it contrarie to thy fatherrs meaning and against thy mothers mind Where is thy true obedience Is this the recompence for my bringing thee forth with so great pain And for nursing and bringing thee vp with such exceeding care In seruing me thou doest well in leauing me thou doest ill so that thou canst not saie that I hinder thee from well doing But I would rather persuade and compell thee therevnto if I could likewise I haue as much need of helpe as thy father hath who did himself command thee not to forsake me when he departed from hence and then being not blind I had no such need of thee as now I haue Neuer imagine that God will euer fauour thee if thou now forsakest me Declamation 84. Of a rich man who thinking to burne the tree of a poore man did also burne his house THe law appointeth that whosoeuer harmeth another man vnaduisedly he must but onely recompence the hurt that is done but if anie doe a mischiefe of set purpose or maliciously hee must make satisfaction for the same fourefold Wherevpon it happened that a rich man dwelt next house vnto a poore man that had in his small garden a great tree growing which did take away a great part of the prospect from the rich mans house who did oftentimes intreat the poore man to sell him the said tree but hee would in no sort consent therevnto affirming that it ought
accused his brother of ambition and Treason saying SEeing that all the warlike men of Greece haue done you this honour aboue so manie other noble and worthie men to chuse you onlie for their Generall why will you like a most iniurious and periured man so wickedlie betray them Doe you not yet know that the gods wil neuer permit a treason so great and manifest to be hidden and especiallie when they themselues are interessed therein Know you not that Diana requireth your daughter for sacrifice it may be to punish your ambition or to chastise the pride of your wife or rather to extirpate the presumption of the same your daughter Trulie I beleeue if none of all these three reasons doe prouoke the chast Goddesse vnto iust punishment yet all these three together doe stir her vp vnto a iust reuenge iust I say because that the gods doe neuer anie thing vniustlie but who knoweth if the goddesse foreseeing the future lasciuiousnesse of your daughter be determined to haue her before she be stained or els that she desireth to haue an vnspotted virgine to be offered vp vnto her that she might be the more fauorable vnto vs and make vs conquerors ouer the rauisher of the chastitie of Helena for whose defence you and all the nobilitie of Greece were bounden before she did chuse me for her lord and husband and yet whilest I was absent you suffered her to be rauished caried away which maketh me to thinke that the Goddesse being displeased with you is desirous to haue the same fault purged in the presence of all the Grecians by the death of your daughter Finallie the iudgements of the gods are secret but when their wils are manifest they ought to be accomplished The goddesse requireth Iphiginia you haue promised her we doe looke for her therefore we ought to haue her especiallie seeing all the skill that man hath is notable to prolong her life one onlie minute against the will of the gods and although you might saue her yet ought you not to preferre her life either before so manie worthie Grecians or before the honour of all Greece But why should all the rest of Priams sonnes or anie other Barbarian feare to enterprise anie thing against vs If it shal be reported that for to saue or thinking to prolong a maidens life the whole armie of the Grecians assembled together at such an infinit charge and with so great trauel should of it self be so suddainlie dissolued What ambition can be then more great then to vsurpe the title of a Generall and not to performe the dutie therof And what Treason is more manifest then to goe about to defraud all Greece of the honour obtained by the blood of our ancestors If it was thought a strange matter that Vlisses fained himself mad because he would not goe vnto the warres and if for the same cause the parents of Achilles were dispised hauing concealed him in the habite of a woman What shall wee say of you who would not onlie deceiue our armie of one or two men but would if our selues wee will not giue it ouer that all of vs should bee swallowed vp in the waues of the sea Doe you not consider that the greatnesse of your charge bindeth you to bee more couragious and righteous then all the rest Who then will iudge you to be such a one if you repugne against the will of the gods If you contrarie the desire of al men and without anie shame at all performe not your promise If it be so I dare say the Grecians are vnhappie in chusing such a Generall and you an vnhappie Generall seeing that by your default the Grecians shal lose their ancient reputation You may say that a fathers loue is great I agree therevnto so ought such as are highest in authoritie as you would be condiscend vnto great things especiallie when as reason requireth consider then for whom you doe giue your daughter it is for the honour of your brother to recouer your sister in law for beautie the onlie paragon of all the world It is to be reuenged of our enemies for the safetie of our countrie to confirme the ancient valor of our nation to winne vnto your selfe an immortall glorie and that which is more then all the rest to fulfill the good pleasure of the gods of whō one alone is able to destroy all mankind Consent thē as you are bound to obey their diuine power to performe your dutie to pleasure your brother to recouer your sister in law to saue the Grecians to mainetaine their ancient reputation and especiallie to shun the name of a traitor That your daughter my niece may bee offered vp a pleasing sacrifice vnto the gods who do neuer request any thing hurtful vnto their creatures and it may bee that they will saue her as well to manifest their mercie as to prouoke vs ioifullie to obey their commandements from the which wee can in no sort excuse our selues Agamemnons Answere HE can neuer be tearmed ambitious who neither by force tyrannie nor subtiltie attaineth vnto anie rule or dignitie but onlie by vertue and the election of manie which in direct means there is none can say that I haue vsed As concerning the pleasure of the gods that mine innocent daughter should be sacrificed what certaintie haue wee thereof but onelie the word of the priest Chalcas whose priestlie dignitie I do not contemne but rather his humane person being as readie to erre as the worst man in our troupes But I would faine know what pittie could remain in the gods if they delighted or tooke pleasure to behold the sheading of innocent blood I cannot beleeue that the same is to preuent the losse of her chastity for as great power hath the goddesse to maintain her virginitie as to shorten her daies Moreouer of extreames not onelie the gods but also euerie vertuous man doth alwaies endeuour to chuse the best whereby it appeareth that they by the death of an innocent virgine will neither recure lasciuiousnesse nor your owne negligence wherevnto neither the Grecians I nor my daughter are in no sort bound For you needed not to haue receiued Paris the sonne of a barbarous king into your house much lesse to entertaine him there a long time and least of all to leaue him at your departure all alone with your wife Do you not know that it is verie dangerous to leaue fire and flax together Are you such a foole that you know not how yoong men are lasciuious and women light But who knoweth not that ambition and lust respect no law Haue not you tried that loues poison creepeth in by the eies and eares Did you not thinke that the same beautie which not onlie inflamed you but all Greece was as able to set a yoong Barbarian on fire who was by nature lasciuious I confesse that the iudgements of the gods are secret and therefore ought we first to bee thorowlie assured of their wils before
answere of the possessors WE doe allow the same law which you alleage to be iust right but we know not whether we should account you amongst the liuing or the dead seeing that not onlie the people haue accounted you dead but the law it selfe hath adiudged you both for a dead man and also hath caused those to die who confessed that they killed you What witnesse is more like to be true then that which is aduouched by twaine not onelie to their owne hurt against themselues but to the detriment of their goods their honour and their liues If the testimonie which those miserable men haue produced against themselues hath been sufficient to cause them to lose their goods honour yea and their liues Why should not the same be of force to maintaine those in their possession which haue publikely bought an inheritance of him who by the witnesse aforesaid had power to sell and surrender the same If you haue anie interest therein take it you of them who are the cause of your hurt that is of the foresaid witnesses of the Iudge of the lord that tooke you prisoner or of your selfe who could take no order in your owne affaires or seeing you would not agree could not keepe you from your enemies it was no couetousnesse that made vs to buy your heritage but the zeale of the Commōwealth who are interessed when the lands are vnthriftilie wasted likewise you iudge amisse of vs if you think that the desire which we had of your death induced vs to beleeue the same for it was more hurtfull then profitable vnto vs because it was no small contentment vnto vs to haue so good a neighbour as wee haue alwaies esteemed you to be and for that we would be no more in danger to haue so bad a one as your sonne was or a worse we did buy his inheritance the which as our desire is that you should not lose the same so also would not we lose our siluer for the recompence of our care in preseruing your goods amending your heritage of all matters in strife the possessor being on the surer side hath the aduantage We haue nothing to proue against you but it is you that ought to prooue our bargaine to be fraudulent or of no worth and we beleeue that the Iudges will remember that we are not the causers either of your pouertie or age Furthermore they are not ignorant that the chiefest point which ought to be obserued in the Commonwealth is that cuerie one should bee maintained in the quiet possession of that which he hath iustlie gotten and paied for as wee haue done the inheritance which you doe wrongfullie require at our hands This former processe is true and hath been reported vnto me by the lord Iohn Chastillier Knight one of the Kings Counsell and surueior of his Maiesties treasure who assured me that hee was in Piemount during the foresaid processe And moreouer the said lord told me that after long arguing and much controuersies it was iudged that the plaintife should inioy his inheritance during his life without impairing or alieating the same but after his deceasse it should whollie reuert vnto those which did possesse and had bought the same of the said plaintifes sonne Declamation 88. Of Horatius who after he had himselfe alone vanquished the three Curiatij slew his sister that bewailed the death of her husband ABout that time as Rome began to flourish those of Alba an ancient cittie and to say the truth the very same from whence the Romanes had their beginning had some grudge towards Rome through which there arose a mortal war between them the which after many skirmishes and sundrie combates they agreed to end in this sort vz. That the three brethren of the Albanois named the Curiatij should fight hand to hand against other three brethren of the Romanes called the Horatij vpon condition that those which were ouercome their cittie and Commonwealth should for euer bee subiect vnto the other without contradiction or refusall wherevpon the said combattants being entred the lists the elder and the second brethren of the Horatij were suddainlie slaine the which the yoongest perceiuing he fained to run about the field as though he had beene ouercome wherfore the others were ashamed to pursue him altogether so that one alone following him eagerly Horatius suddainly turned backe and slew him and in the same sort he slew the second that was somwhat too slow in seconding his brother then making head against the last who had maried the sister of the said Horatij he likewise slue him not without receiuing also manie wounds himselfe whereof when he was healed hee came in triumph to Rome al the people and the noblest matrons of the citie meeting him by the way amongst whom by the commandement of her father his sister also went who had lost her said husband in the combat she seeing her brother triumph ouer the death of her husband her brethren in law lost all patience and setting apart al respect instead of welcomming him home she said vnto him Thou cruel menster how haddest thou the heart to slay my husband and saying so she burst forth into abundance of tears wherwith he being inraged answered art thou she alone amongst so many honorable ladies that art sorrie for the prosperitie and libertie of Rome or that repinest at my victory and saying so he gaue her a blow with his sword on the breast afterwards suddainly repenting himselfe for the deed hee alighted from his triumphant chaire indeuouring if it had ben possible to haue gotten life in her again but he could not for she suddainly died being great with child For which deed those that maligned the glory of Horatius tooke occasion to accuse him so sharply as he was cōdemned either to bear the yoke of an exe vpon his neck through Rome in signe of bondage or to bee whipped with rods and hanged vpon a crosse vntill hee were dead but he appealed from this sentence and his father pleaded for him in this sort WHether are your hearts and vnderstandings caried O you Romanes that you will thus persecute your redeemer Doe you not know that aboue all other vices Ingratitude is most displeasing vnto the gods How can you then prosper Surelie it is impossible Will you oppresse him that could not bee dismaied with the death of his two brethren much lesse discouraged with the presence of his three enemies Will you despise him whom the gods haue caused to be borne for the libertie and honour of Rome Know you not that in all this none hath been harmed but I Is it not sufficient that I haue lost two sonnes and a daughter but that I must also lose this son too who onlie is left to be the staffe of my age and comfort to my forepassed afflictions why would you make him a bondman that hath been the cause of your freedome Doe you not feare that this is an vnluckie token which threateneth all your
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