vanish as soon In no place or person fix'd upon a stable foundation but â—oss'd hither and thither by the uncertain state of Fortune miserably they precipitate them into the depth of Calamity whom but now they had exalted as high as Heaven And therefore they are neither to be esteemed nor accompted Felicity which to the end they may redouble a desire of enjoying them are wont to oppress with a heavier weight those that they flatter'd before with their most indulgent favours LIB VII CHAP. I. Of Hapinness 1. Q. Metellus the Macedonian 2. Gyges the King of Lydia WE have related several Examples of the Inconstancy of Fortune for there are very few that render her propitious Whereby it is evident that she is generous and free of her Adversity but very sparing of her Prosperity 1. Let us see then with how many degreâ—s of favour she prosecuted Metellus from his Infancy to his Death with an incessant indulgence She gave him his birâ—h in the Capital City of the World She gave him most noble Parents She furnish'd him with admirable parts of Nature and strength of Body She married him to a Wife conspicuous for her Chastity Fertility She grac'â— him with the Honour of Consulship the Imperatorian Dignity and the Splendour of a renowned Triumph She so order'd it that at the same time he had three Sons living Consular men one also a Censor and Triumpher and the fourth a Pretor She married him Three Daughters whose Issue he received into his ownbosom And among all these Children born so many Youths coming to age so many Nuptial Torches such an abundance of Honour Empire and Congratulation not one Funeral not one Tear or the least cause of Sadness Consider the Heavens and we shall hardly meet with so perdurable a condition there while we finde the greatest Philosophers lodging grief and pain in the very breasts of the Gods Nor was his end unlike the course of his Life For after he had liv'd a fair age an easie Death carried him off from the last farewels and embraces of his dearest Pledges and he was carried to his Funeral-Pile upon the shoulders of his Sons and Sons-in-Law through the City 2. A noble Felicity this yet the following was prefer'd by the Dâ—vinity it self For when Gyges puft up with the riches and power of his Kingdom of Lydia went to enquire of Pythian Apollo whether any Mortal was happier than he The God made answer with a low voice from the hollow retirement of his sacred Den that Aglaus Sophidius was more happy than he He was the poorest of the Arcadians but the elder of the two one that never had increas'd the bounds of his own land contented with the Income of a poor Farm But Apollo meant the true not the obscure end of a happy Life and therefore gave that answer to one that insolently gloried in the splendour of his fortune That he rather approv'd a Cottage in a calm security of content than the cares and anxieties of a Court a few clods of earth void of fear than all the fertile Acres of Lydia incumber'd with continual dread and one or two yoak of Oxen easily maintain'd than Armies of Horse and Foot burthensome even to vast expences and a small Barn subject to no mans Envy than Exchequers exposed to the coverous desires and rapacious violence of all men Thus while Gyges labours to finde a God to favour his vain opinion he learns wherein the true and solid Happiness confists CHAP. II. Of things wisely said or done By the ROMANS 1. App. Claudius 2. P. Scipio Africanus 3. Q. Caecilius Metellus 4. L. Fimbria 5. Papyrius Cursor 6. The Senate of Rome FORRAIGNERS 1. Socrates the Athenian 2. Solon the Athenian 3. Bion of Prienne 4. Plato of Aâ—hens 5. Antigonus the King 6. Xenocrates the Philosopher 7. Aristophanes the Comedian 8. Thales the Philosopher 9. Anaxagoras of Clazomene 10. Demas the Athenian 11. Anacharsis the Scythian 12. Agesilaus the Spartan 13. Hanno the Carthaginian 14. Herennius Pontius the Samnite 15. The Cretans I Will now treat of that sort of Felicity which is altogether in the habit of the Minde and is not to be obtain'd by wishes but is bred in the breasts of men and advances it self by things famously said or done 1. It is reported â—hat Appius Claudius was often wont to say That the People of Rome were better to be trusted with Business than Idleness Not but that they understood the pleasure of a calm condition but because he found that potent Empires were excited to Vertue by the vicissitude and agitation of Human Affairs And certainly Business terrible to name preserv'd the customs of our City in their best condition but Rest that has a softer name first fill'd it full of Vice 2. Scipio Africanus was wont to say That in affairs of War it was a shameful thing to cry I had not thought Believing that the transactions of the Sword ought to be carried on with a serious and well-examin'd deliberation For that Errour is never to be retriev'd that is committed in the heat of War The same person denied that an Enemy was to be fought with but only when there was a kind opportunity or a pressing necessity Both prudently said For to omit an opportunity of acting with success is the greatest madness in the world And he that is compell'd to a necessity of giving Battle yet abstains from fighting shews a piece of sloath of a pestiferous consequence And of those that commit these absurdities one part knows not how to make use of the benefit of Fortune the other knows not how to resist the injury of Fortune 3. It was also both a grave and lofty Sentence which Metellus spoke in the Senate Who upon the ruine of Carthage plainly confess'd That he knew not whether that Victory might bring more advantage or more mischief to the Commonwealth For as it was advantageous by the Peace which it occasion'd so by removing Hannibal it had done harm For by his March into Italy the sleeping Courage of the Romans was rows'd up And it was to be fear'd that being freed from so formidable a Rival it would relapse into its former drowziness So that he reckon'd it to be as great a mischief for the Nerves of their antient strength to be weaken'd as for their Housâ—s to be burnt their Lands to be laid waste and their Treasures to be emptied 4. How prudent an act was that of Fimbria the Consul Who being made an Arbitrator by M. Lutatius Pythia a Roman Knight upon a Security that he had given to an Adversary of his that he was an honest Man would never deliver his judgment lest he should injure the fame of a person unblemish'd by pronouncing against him or affirm him to be a good man considering how many qualities were requir'd to make a man such 5. From the Civil we will exhibit a Military Act of Prudence Papirius Cursor Consul desirous to rise from the Siege
Life that neglects to return Kindness for Kindness How severely therefore are they to be reprehended who having most just Laws but being very wickedly enclined rather choose to obey their deprav'd manners than their Laws So that if it could happen that those great Persons whose misfortunes I have related could appeal to any other Cities d' ye think they would not quickly have silenced those talkative People as ingenious as they were Marathon glitters with the Persian Trophies Salamis and Artemisium beheld the Ruine of Xerxes Navy Those Walls that were pull'd down rise more glorious from their ruines But what are become of all those great Men that did these great things Answer Athens for thy self Thou hast suffer'd Theseus to be buried in a little Rock Miltiâ—des to die in Prison and Cimon his Son to wear his Fathers â—hains Themistocles a Victor to prostrate himself at the Knees of that very person whom he had vanquished Phocion also Solon and Aristides to forsake their Houshold-gods when at the same time ye give divine Honour to the Bones of Oedipus infamous for the Death of his Father and for marrying his Moâ—her Read therefore thy own Law which thou art bound by oath to observe and since thou wouldst not give due Reward to Vertue make just atonements to their injured Ghosts They are silent but whoever reads the ungrateful acts of the Athenians will be severe and free to eternity to reproach so great a Crime CHAP. IV. Of Piety toward Parents ROMAN Examples 1. Cn. Marcius Coriolanus 2. Scipio Africanus the Great 3. T. Manlius Torquatus 4. M. Aurelius Cotta 5. C. Flaminius Tribune 6. Claudia a Vestal 7. A Daughter that gave her Mother suck in Prison External Examples 1. Pero a Daughter gave her Father suck in Prison 2. Cimon the Athenian 3. Two Brothers Spaniards 4. Cleobis and Bython Amphinomous and Anapus 5. Scythians 6. Croesus 's dumb Son 7. Pulto BUt leave these Ingrates and talk of those that have been accompted pious for honest subjects are more pleasing than Stories of the wicked Let us come then to those who have been so fortunate in their Offspring as never to repent the promotion of Generaâ—ion 1. Coriolanus a person of a vast Courage and deep in Coâ—nsel and well-deserving of his Countrey yet almost ruin'd under the oppression of an unjust Sentence flâ—d to the Volsci who were Enemies to the Romans For Vertue gets esteem wherever it goes So that where he only sought for refuge in a short time he obtain'd the chief command of all things And it hapned that he who was by the Romans refused for their Leader had like to have proved their most fatal Enemy For the Volsci having often overcome our Armies by his Conduct and Valour came up and begirt the very walls of Rome For this reason the People that were so haughty as not to value their own happiness were forced to supplicate an Exile whose offence they would not pardon before Embâ—ssâ—dors were sent to appease him but they could do no good the Priests went in their râ—ligious Habits but returned without obtaining any favour The Senators were at their Wits end the People trembled both Men and Women bewail'd their approaching Calamity But then Veturia Coriolanus's Moâ—her â—aking along with her Volumnia his Wife and Children also went to the Camp of the Volsci whom assoon as hâ—r Son espied O my Countrey thou hast overcome my anger said he by vertue of this Womans tears and for the Wombs sake that bare me I forgive thee though my enemy and immediately he withdrew his Army from the Roman Territories And his â—iâ—ty encountred and overcame all Obstacles as well his revengâ— of the Injury received the hopes of Viâ—tory as the fear of Death upon his return And thus the sight of one Parent changed a most severe War into a timely Peace 2. The same Piety inflam'd the Elder Africanus hardly past the age of Childhood to the sâ—ccour oâ— his Father and arm'd him with many strength in the midst of the Battle For he saved thâ— Consul being despâ—rately wounded in the Battle which he lost to Hannibal upon the River Ticinus nothing terrified either by the weakness of his Age the rawness of skill in War or the event of an unfortunate Fight which would have dauâ—tâ—d an old Soldier he thereby merited a Crown conspicuous for its double Honour he having recover'd from the jaws of death a Father and a Gâ—neral 3. Those famous Examples the City only received by hearsay these they beheld with their eyes Pomponius the Tribune had accused T. Manlius Imperiossus to the People for that he had exceâ—ded his Commission out of hopes of making an end of the War and for sending away his Son which was a person of very great hopâ—s from publick employment to follow his own counâ—rey-affairs Which when Manlius understood he came to the City and went by break of day to Pomponius's House who believing that he came to aggravate his Fathers Crimes by whom he had been ill used commanded all the people out of the Chambâ—r that he might â—he more freely take his Examination The Son having thereby got an opportunity so fit for his turn drew his Sword which he had brought privatâ—ly under his Coat compell'd the threatned and terrified Consul to swear that he would forbear any farther prosecution of his Father So that Imperiossus never came to his Trial. Piety toward mind Parents is commendable But Manlius the more severe to him his Father was the greater praise he merited by the assistance which he gave him being invited by no allurement of Indulgence but only natural Aflection to love him 4. This sort of Piety did M. Cotta imitate the very same day that he put on the Coat of Manhood when assoon as he descended out of the Capitol he accused Carbo who had condemn'd his Father and bâ—ing condemn'd prosecuted him to punishment ennobling his early Youth and first attempt in publick business with a famous action 5. Paternal Authority was equally reverenced by C. Flaminius For when he being a popular Tribune had publish'd a Law for dividing the Gallick Land to every particular man in opposition to the Senate and quite against their wills contemning both their threats and entreaties and not at all terrified with the threats of an Army which they menaced to raise against him if he persisted in his obstinacy was got into the Pulpit for Orations reading his Law to the Peoplâ— yet when his Father pull'd him away he came down obedient to Paternal Command no man murmuring in the least to see him break off in the midst of his Speech 6. These were great effâ—cts of Manly Piety but I cannot tell whether the act of Claudia the Vestal Virgin were not as forcible and as couragious Who when she saw her Father pull'd out of his Triumphal Chariot by the rude hand of a Tribune with a wonderful celerity interposing her self between appeased the highest Authority in the City
the former who to the end they might appear the more faithful to the ashes of the slain 〈◊〉 being besieg'd by Pompey having devoured all other creatures in their City fell to feast upon their Wives and Children And to the end the Armed Youth might nourish their Bowels with their own bowels the longer they were not afraid to salt up the unfortunate remainders of the dead bodies Think you it would be an exhortation prevalent enough in the field to exhort such Souldiers to fight for the safety of their Wives and Children It had bin more proper for so great a Captain to have punisht such an Enemy than to seek for Victory For Revenge would have purchased them more Liberty than Victory could win them Honour in comparison of whom Serpents and wild beasts were gentle and merciful creatures For those dear pledges of Life dearer to them than their lives themselves were the Dinners and Suppers of the Catagurritans CHAP. VII Of Wills cancell'd 1. A Father that disinherited his Son 2. M. Anneius Carscolanus 3. C. Tettius 4. Sulpitia the mother of the Trachali 5. Terentius 6. Naevianus 7. Juventius Let us now go to that sort of business which among all the actions of Men is the last thing done and their chiefest care And let us consider what Wills have bin cancell'd after they were legally made or might have bin cancell'd when they stood firm and transferr'd the honour of Inheritance to others than those that expected it 1. Which that I may do according to the order which I have proposed I will begin with the Father of a certain Souldier who hearing a false report of the death of his Son from the Camp made other Heirs in his Will and died The Youngman returning home after the war Was ended found the dores shut against him by the errour of his Father and the impudence of his Friends For how could they shew themselves more shameless than they did The Souldier had spent the flower of his youth in his Countries Service had undergone most dreadful Labours and Dangers shewed the Wounds which he had received in Battle and only begg'd that lazy Drones a very burthen to the very City it self might not possess his Ancestors Inheritance Therefore laying aside his Armes he was forced to commence a Gown-war in the Court of Justice A hard case while he is forc'd to contend for his Fathers estate with wicked Heirs before the Centumviri though they could not choose but give their Opinions for him while the Sentence of the Court gave him the day 2. Marcus Anneius the Son of M. Carseolanus a famous Roman Knight adopted by Sufenas his Uncle cancell'd his Fathers Will who had left him out of it by the Sentence of the Centumviri before whom he tryed the Cause though Tullianus the familiar Friend of Pompey the Great who was a witness to it were made Heir Therefore he had more to do with the power of a person potent in Court than with the ashes of his Father Yet though both did what they could to hinder him he obtain'd his fathers Goods For L. Sextilius and P. Popilius whom M. Anneius as being his nearest Relations had made Heirs of the same part which was given to Tullianus durst not contend by their Otahs with the young man Though they might have bin sent for at that time by the highest Authorities then in being to have defended the Will And it was some pretence of the Heirs that M. Auneius was translated into the Family of Sufenas But the strong tye of procreation overcame both the Fathers Will and the Authority of so great a Personage 3. C. Tettius an Infant born of Petronia the Wife of Tettius as long as he liv'd being disinherited by his Father was restored to his Inheritance by the Decree of the divine Augustus doing like a Father of his Countrey In regard that Tettius had so unjustly abrogated the paternal Name by giving away his estate from a Son so legally born to his own Right 4. Septicia also the Mother of the Trachali of Ariminum being angry with his Sons out of spite when she was now past child-bearing married Publicius an old man and left both her Children out of her Will Who appealing to the divine Augustâ—â— he disapprov'd both the Marriage and disannul'd the Will For he that the Sons should have their Mothers estate and commanded the Husband to restore her Dower because she did not marry out of hopes of having Children Iâ— Justice her self had given sentence in this case could she have pronounc'd a juster Sentence Thou despisest those whom thoâ— hast begot thou marriest past Child-bearing thoâ— breakest the order of Wills out of a violent humoâ—â— and dost not blush to give all thy Patrimony to â— person to whose feeble body thou hast prostituteâ— thy old Age. And therefore while thou thus bâ— havest thy self thou art cast down to Hell by thâ— voice of heavenly Thunder 5. Famous is the Constitution of C. Câ—lpâ—ruiâ— Piso Praetor of the City For when Terentius complain'd before him together with his eight Sons whom he had bred up to be men that one of his Soâ— whom he had parted with in Adoption had disinherited him gave him the poâ—â—â—ssion of the young mans estate and would not suffer the Heirs to go to Law The Paternal Majesty of the man mov'd Calpurnius doubtless together with the gift of Life and the benefit of Education but that which more moved him was the number of his other Children that stood by seeing seven Brothers and a Father disinherited by one Child 6. How prudent was the Decree of Mamercus Aemilius Lepidus the Consul Genucius a certain Priest of Cybele besought the Praetor of the City Cn. Orestes that the goods of Naevianus might be restor'd to him the possâ—ssion whereof he had by Will obtain'd Mamercus being thereupon appeal'd to by Surdinius whose Freed-man had left Genucius his Heir disannull'd the Praetors Sentence saying That Genucius who had of his own accord suffered himself to be gâ—lt for so are all the Priests of Cybele was not to be reckon'd either a man or woman A Decree befitting Mamercus befitting the Prince of the Senate whereby he provided that the Tribunals of Magistrates should not be polluted by the obscene presence and scandalous voice of Eunuchs 7. Q. Metellus was a much more severe Praetor than Orestes Who would not give Vecilius the Pandar the possession of the Goods of Iuventius left him by Will For that noble and grave Personage did not think the condition of a Court of Judicature and a Brothel-house to be the same Neither would he approve the fact of that man who had thrown away his estate upon an unclean stable nor give the same right to one that made a publick profession of Dishonesty as to a Citizen of a good Conversation CHAP. VIII Of Testaments confirm'd and unlookt for Inheritances Of the ROMANS 1. Sempronius Tuditanus 2. Aebucia 3. Q Metellus 4. The Brother of
wise men were loath it should be thought that his Condemnation had bin because his Accuser was so great a person And therefore I believe they reason'd thus amongst themselves We must not admit him that seeks the life of another to bring Triumphs Trophies and Spoils to the seat of Judgment Let him be terrible to his Enemy but let not a Citizen trusting to his high Merits and great Honour prosecute a Citizen 12. Not more eager were those Judges against a most noble Accuser than these were mild toward a Criminal of a far lower degree Callidius of Bononia being taken by night in the Husbands Bed chamber being brought to answer for the Adultery he buoyed himself up among the greatest and most violent waves of Infamy swimming like corn in a Shipwrack laying hold upon a very flight kind of defence For he pleaded that he was carried thither for the Love of a Servant-boy The place was suspected the time suspitious the Mistress of the house was suspected and his Youth suspected But the confession of a more intemperate Lust freed him from the Crime of Adultery 13. The next is an example of more concernment When the two Brothers of Cloelius were brought to answer for Parricide whose Father was kill'd in his bed while the Sons lay asleep in the same Chamber and neither Servant nor Freed-man could be found upon whom to fasten the suspicion of the Murther They were both acquitted only for this reason that it was made appear to the Judges that they were both found fast asleep with the door open Sleep the certain mark of innocent security sav'd the unfortunate For it was adjudg'd impossible that having murthered their Father they could have slept so securely over his wounds and blood PERSONS Condemned 1. Now we will briefly touch upon those to whom things beside the question did more harm than their own Innocency did good L. Scipio after a most noble Triumph over King Antiochus was condemned for taking Money of him Not that I think he was brib'd to remove beyond the Mountain Taurus him that was lately Lord of all Asia and just going to lay his victorious hands upon Europe But being otherwise a man of a most upright lâ—â—e and free far enough from any such suspicion he could nor resist the envy that haunted the two famous Sirnames of the two Brothers 2. Scipio was a person of high splendour But Decianuâ— a person of unspotted Integrity was ruin'd by his own tongue For when he accused P. Furius a man of a lewd life because that in some part of his Declamation he ventured to complain of the Death of Saturninus did not only not condemn the Guilty but suffered the Punishment appointed for him 3. The same case overthrew C. Titius He was innocent and in favour with the People for the Agrarian Law But because he had the statue of Saturninus in his house the whole College of Magistrates with one general consent ruined him 4. We may to these adde Claudâ—a whom though innocent of a crime an impious Imprecaâ—ion ruined For being crowded by the multitude as she returned home from the Playes she wished that her Brother by whom we had the greatest loss of our Naval Forces were alive again that being made often Consul he might by his ill conduct rid the City of the pesterment of the People 5. We may pass to those whom the violence of Condemnation snatched away for flight causes M. Mulvius Cn. Lollius L. Sextilius Triumvirs because they did not come so quickly as they ought to quench a Fire that happend in the Holy way being cited before the People at a prefixed day by the Tribune were condemned 6. Publius Villius also Nocturnal Triumviâ— being accused by Aquilius the Tribune fell by the Sentence of the People because he was negligent in going his watch 7. Very severe was that Sentence of the People when they deeply fin'd M. Aemilius Porcina bâ—ing accused by L. Cassius for having built his House in the Village of Alsium a little too high 8. Nor is that Condemnation to be supprest of one who being over-fond of his little Boy and being by him desir'd to buy him some Chitterlings for Supper because there were none to be got in the Countrey kill'd a Plough-Ox to satisfie the Boys desire For which reason he was brought to publick Trial Innocent had he not lived in the antient times Neither Quitted nor Condemned 1. Now to say something of those that being quâ—stioned for their Lives were neither quitted not condemned There was a Womâ—n brought before Popilius Lenaâ— the Praetor for haviâ—g beaten her Mother to Death with a Club. But he Praetor adjudged nothing agâ—inst her neiâ—her on way nor other For it was plain that she did it to revenge the death of her Children whom the Grand-mother angry with her Daughter had poysonâ—d 2. The same dâ—mur made Dolabella Proconsul of Asia A woman of Smyrna killed her Husband and her Son understanding that they had killed another Son of hers a hopeful young man which she had by a former Husband Dolabella wâ—uâ—d not take cognizance of the Cause but sent it to be determined by the Arâ—opagi at Athens Unwilling to set a woman at liberty defiled with two Murthers nor to punish her whom a just Grief had mov'd to do it Considerately and mildly did the Roman Magistrate nor did the Areopagite act less wisely who examining the cause bound the Accuser and the Criminal to appear an hundred years after upon the same ground as Dolabella acted Only he by transmitting the Trial they by deferring delay'd the difficult Sentence or Condemnation or Acquittal CHAP II. Of remarkable private Iudgments whereby were condemned 1. T. Claud. Centumalus 2. Octacilia Laterensis 3. C. Titinius Minturnensis 4. A certain person for riding a horse farther than hired for TO Publick Judgments I will adde private ones the Equity whereof in the Complainants will more delight than a great number offend the Reader 1. Claudius Centumalus being commanded by the Augurs to pull down some of the height of his House which he had built upon the Caelian Mount because it hindered them from observing their Auguries from the Tower sold it to Calpurnius Lanatius concealing the command of the Augurs By whom Calpurnius being compelled to pluck down his House brought Marcâ— Porcius Cato father of the famous Cato to Claudius as an Arbitrator and the form of Writing Whatever he ought to give him or do in good Equity Cato understanding that Claudius had for the nonce supprest the Augurs Edict presently condemned him to Calpurnius with all the Justice in the world For they that fell according to Conscience and Equity ought neither to enhance the hopes of the Bargain nor conceal the Inconveniencies 2. I have recited a Judgment famous in those times Yet what I am about to relate is not quite buried in silence C. Visellius Varro being taken with a great fit of Sickness suffered a Judgment of three thousand pieces of