Declamation. 1.

BY how much they of Capua were prone, and ill aduised, to reuolt from the Romans vnto Han­niball, after the battaile of Cannas, by so much were they more obstinatly besieged, so that being forced for want of timely succours, to yeeld vn­to the mercy of the two Roman Consuls, Appius Claudius, and Quintus Fuluius, they were in the end more cruelly pu­nished than any other rebels. The which Vibius Virius (the ringleader, and chiefe author of the said rebellion) together with seuen and twentie other Senators foreseeing, they all poi­soned themselues at a banquet: The rest of them that yeelded, were sent to prison, fiue and twentie to Cally, and eight & twen­tie to Theana. Where without any commandement from the [Page 2] Senat or people of Rome, and especially without the consent of Claudius: Fuluius caused them all to be first scourged with rods, and afterwards to be beheaded. Wherefore a doubt was made whether he was more righteous or rigorous in his deed. And therefore let vs imagine, that shortly after the rest of the Capuans accused him, saying thus:

WAs it not sufficient graue Senators, & you bles­sed people, that Vibius and his associats the chiefe authors and cause of the said rebellion, did sacrifice themselues vnto Fuluius his cru­eltie, but that you must further ad therunto these seuen and fiftie miserable Senators? Is it possible that they were all culpable? No surely: for seeing that they tru­sted to the Romane clemencie, their conscience was a sure testimony of their innocencie. But that could not saue them from the furie of Fuluius, who to excercise his crueltie, hath taken from the Senat & people of Rome, the meanes as well to shew their pittie as their power, not considering that the worthiest part of a victorie is to subdue the iust desire of reuenge. Wherefore despi­sing all authoritie, & chiefely that of his Colleague and companion of his victorie, he rather desired to be ac­counted cruell then mercifull, and neglecting the pro­uerb which saith, That somtimes man sheweth himself a God vnto man, would rather verifie the cōtrary, That man is euen a woolfe vnto man. Surely our miserie can­not but be great, yet should it haue bene more tollera­ble, if it had proceeded from the Senate, or people, for then should there haue bene some shew of Iustice con­sidered vpon by many, where now is seene but a reuen­ging cruelty, thought vpon by one alone, and executed on the suddaine. And so much more is this deed exe­crable, [Page 3] in as much as ordinarily we see many consultati­ons to be held, and that of many men, to pronounce iudgement against one: but alas, almost al our Senators haue bene condemned euen in a moment by one man alone (if he ought so to be called) who hath shewed himselfe more cruell then any furious Lion or fierce Tigre. For he not being satisfied with the stripes and death of those which were sent prisoners to Theana, tooke yet further paines to make his iourney to Cally, to torture and behead those which were there also im­prisoned: and he not being thorowly appeased there­with, did ad thervnto the miserable death of Taurea Lu­bullus a man euen besides himselfe, who although that of 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 [Page 4] 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 [Page 5] 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.

Declamation 2.

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 [Page 9] 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 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 [Page 10] 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 [...]ice thought more vnbeseeming a man then crueltie, and there is no grea­ter cruelty thē 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 [Page 11] 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 [Page 12] 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.

Declamation, 3.

AFter the ouerthrow of Cannas, many ci­ties yeelded vnto Hanniball, and in some of them the people rebelled a­gainst the Senators, as those of Capua did, where the Senate were in great danger to be cut in peeces by the com­munaltie, the which Pacuuius fore­seeing, being a subtile man, and of the number of the Senators, but better beloued and esteemed amongst the people then with the Senat, he determined to ap­pease the people by a wile: Whereof consulting with the rest of the Senators, and they finding no better meanes for their safe­ties, they consented therevnto. Wherevpon Pacuuius fained to detaine all the Senators as prisoners in the pallace, appoin­ting certaine Ploebeians there to guard them: then he said vn­to the people which were already assembled before the pallace, I haue the Senators our enemies in prison, and am of the opinion that all of them should be put to death: but to the end that the citie may not be destitute of Magistrates, it behooueth that you your selues doe chuse amongst you new Senators in the steed of the others which we shal kill, to the end that we may not be surprised vnawares, either by the Romans or any other of our enemies, and haue not such as may command and gouerne vs. Then hauing a Catalogue in writing of the names of all the [Page 19] Senators, he said: First such a one must be killed (who was a mā of great authoritie) name one amongst you who may be thought worthy to succeed in his place. Then the people began to looke one vpon another, and there was not found any that was dee­med sufficient to take that charge vpon him. Wherefore they began to accuse Pacuuius of crueltie, and in the end they con­fessed that there was not men enough to be found amongst them worthie to be Senators, and therefore they concluded to leaue the Senate euen as it was. Wherevpon the Senators were both deliuered, and confirmed in their former authoritie. Yet let vs suppose, that it happened, that one amongst the Senat (no lesse enuious of Pacuuius his authoritie, then ioifull that he was saued by his subtiltie) did long time after accuse him at Rome, affirming that hee onely induced the people vnto this sedition, and that his intention was not to saue, but rather to slay the Se­nators, and began his accusation in this manner:

VNdoubtedly such as suffer a wicked or vicious man to liue in a citie, doe either first or last re­pent it, yet is it rather commonly too late: How much more then ought they to be sor­rie that suffer such men to obtaine the gouernement of the Commonwealth, and the honors only due to righ­teous and vertuous men, who for the most part doe shun such authorities, because it is a hard matter to exe­cute so waightie a charge well. For since the weaknesse of man is such, as euen the wisest doe mistake bad things for good, and good things for bad, vntill the ef­fect of that which afterward happeneth doth make thē know their error: How can vitious or wicked men be a­ble to doe any thing that is good? Surely honours are the true touchstone whereby the vertue or goodnesse of a man is knowne: for in authority vertuous men do [Page 20] manifest their goodnesse, as wicked men do lay open their badnesse, as Aristides, Epaminundus, Licurgus, and others in all their authority did shew that vertue was in­corruptible: And Periander, Pisistratus, Lisander and o­thers declared, how much ambition preuaileth ouer such as are not perfectly vertuous, whose example Pa­cuuius was desirous to imitate, for being born in Capua a wicked man, and seeing that he was there in such sort suffered to remaine, he durst wel make claime vnto dig­nities, and obtaining the same did afterwards aspire to be tyrant. For by how much they which are vnworthie of authoritie, and yet doe attaine there vnto, by so much the more doth their insolencie thereby increase; and that in such sort, as they not only doe presume the same to be due vnto them, but also that there is no go­uernement great inough for them, and therefore such oppresse euen those who haue most fauoured them, which truly is a iust punishment which the Gods sen­deth vpon those who fauour the wicked, that euen by the same themselues are oftentimes destroied. And so is it iustly fallen vpon our Senators, who knowing the vi­ces of this man, haue not only permitted him to at­taine the most principall honors, but also by their neg­ligence haue suffered him to tirannise ouer the Senate and people, euen to the danger of the liues of the said Senators; being so audacious as to affirme vnto them, that he only was able to defend them from being hew­ed in peeces by the people: and afterwards by his rash­nesse put all their liues in danger of the peoples inso­lencie. But what had it bene if the people had resolued to doe that which he counselled them vnto? what assu­rance had he that such his folly should haue come vnto a good end? Truly that was euen the least of his caro, [Page 21] seeing that it could not happen amisse vnto him, for if the people slew the Senat, he should remaine the prince of the people, and the matter falling out as it did, hee should remaine lord of the people and Senat together, persuading both the one and the other, that they were highly bound vnto him: Whervnto the Senat was for­ced to yeeld, considering the authoritie which by their fault, he had gained amongst the people: yet this had beene a small hurt if he had beene contented that but onely himselfe should haue beene king, but his actions declared that he would confirme the kingdome vnto his posteritie by the means of Hanniball, vnto whom he not only brought his sonne Perolla, but himself did stay him from the killing of Hanniball, and from the procu­ring of the freedome of his countrie by this his most noble act. Finally this noble yong man did very well shew himselfe to be the sonne of a Roman matron, hol­ding that noble mind of his mother: How could hee chuse but be greeued at the heart seeing that by his fa­thers words (who rather ought to haue exhorted him therevnto) his most couragious purpose was broken from the which this hairebraine man in all vild actions did not only dissuade him, but also constrained him to giue it ouer, affirming that if he would not bee ruled by him, he would aduertise Hannibal thereof, yea & would couer him with his own bodie in such sort as he should not be hurt vnlesse Pacuuius were slaine. Thus he alone did corrupt the faithfull zeale which the child ought to the Romans and his countrie. I passe ouer with silence, how that hee was the cause that Decius Magius was so euilly intreated by Hanniball in the presence of all the Citizens, and then afterwards clogged with chaines to be carried to Carthage, if the gods had not succoured [Page 22] him better then this honourable person, who had such credit with Hanniball, that at his banquet was the se­cond man at the table, and his sonne the third, and yet did not once excuse, but rather most greeuously accu­sed poore Magius to haue alwaies fauored the Roman faction. Thus hath this vnhappy man betraied his countrie foure times. First when hee put the life of the Senators to the discretiō of the people: secondly, when he caused Capua to reuolt from the Romanes: thirdly when he made an agreement with Hanniball, and suffe­red him to enter into Capua: and fourthly, when hee kept his sonne from killing Hanniball. He will answere that he alone neither caused Capua to reuolt, nor to re­ceiue Hanniball, I say he did, for vnder the colour of his protecting the Senate, no man durst gainsay him in any thing, except Magius who was punished therefore. If those who (without calling any stranger) doe by no such execrable meanes aspire vnto tyrannie, are gree­uously punished, What torment then may be suffici­ent to bee inflicted vpon this wicked man? Who not content to haue vsurped the gouernement, and called in a stranger for his defence, did also by threats corrupt the good nature of his sonne. Remember O you no­ble Romans that you haue for lesse fault punished and driuen away your kings, and consider also the causes why we cannot, much lesse will not be vnder any other then you, doe vs iustice then vpon him, who hath with­drawne vs from you.

Declamation. 4.

THere was a Prince who forbad his sonne to goe on a certaine iourney to the warres, threat­ning if he went, to desherite him. The sonne for all that went thether: wherefore the Prince made a nephew which he had, his heire, leauing notwithstanding a great reuenue for his son, which is augmen­ted by the new Prince. Neuerthelesse, shortly after he redeman­ded the principality, saying:

I Hauing done nothing vnworthy for a Prince or a gentleman, my father could not disherite me. Wherefore it is as fit for the father, in com­manding, to be wise, as it is for the sonne in o­beieng, to be willing. What if my father (fearing to lose me) had forbidden me to defend the Church, or my countrie, Ought I to obey him in this commaunde­ment, being no lesse dishonorable and preiudiciall vn­to himselfe then to me and our posteritie? Verily I con­fesse that fathers ought to bee obeied in all reasonable things, but when their commandements are to no end nor reason, they must bee neglected; and after, as they may, obtaine pardon; if of themselues they confesse not their fault: besides, it must bee distinguished what the matter is, and what it importeth. Indeed I will confesse that I should greatly haue misdone (my father or coun­trie [Page 27] being in war, or in any danger) if then I should haue forsaken them for any thing that might happen, but when there was not so much as any shew of daunger, what hurt haue I done, if in the wars els where I haue serued, to learne the better how to defend our owne countrie? or rather if I made knowne abroad to stran­gers, and our borderers, that they should not so much as thinke to offend me, and not looke for requitall ther­of; since that I did voluntarily vpon mine owne plea­sure goe to defend others? Tell mee then wherein I haue either offended my father or countrie by this gen­tlemanlike act, or whether you ought not your selues to haue accompanied me, if you had beene as valiant as you should haue beene? but it is alwaies the custome of dastards to couer their owne cowardise either with the shadow of a certaine obedience towards their pa­rents, or by a shew of wisdome, as sometimes also by a signe of their innocencie, more superstitious then reli­gious: saying they ought not to kill any man, or if they should as often haue their hearts and courage confor­mable to their wicked wils, there could not bee more cruell people in the world then they: Is there any in the world more desirous of reuenge then women, and yet is there no creatures liuing more base and fearefull then they: for as impossible is it for a noble heart to be cruell, as it is for a cruell man to be couragious: if you had not bewitched my fathers vnderstanding, he could not chuse but haue beene very desirous to haue left his principalitie to such a sonne of his owne, as had made proofe of his skill in keeping, as also in augmenting the same if need were: and especially being bound vnto his people to leaue them such a ruler: for princes are not or should not be other then fathers or tutors at the [Page 28] alest vnto their people, whome they should after their edath leaue to be guided by such a one as should main­taine their laws and rights, and which should defend them from such as would offend them: wherefore not without reason did Pirrhus king of the Epirotes answer his children (who asked him to which of them hee would leaue his kingdome) that he would leaue it vnto him that should haue the sharpest and best edged sword amongst them al. This valiant king did very wel know, that such realmes where the king is not held for a soul­diour, are alwaies molested by their neighbours or by strangers: Haue not we seene as much by proofe? that whilest the Macedonians were vnder Philip, Alexander, and other valiant kings, yea euen vnto the last Philip, they were alwaies in prosperitie: but after Perseus was their king, they were subdued by the Romans, and Per­seus being vanquished, was carried in triumph to Rome by Paulius Emilius. But why stand I vpon such needlesse examples, seeing they are infinit and without number? Whether had the Romans euer finished their new citie amongst so many enuious and euill disposed neigh­bors, without the valor of Romulus their king? Finally if my deceased father had well considered of these rea­sons, and that hee had not beene badly counselled by you and such as you are, he had not disherited me, but should greatly haue reioiced to see, that during his life I endeuoured to make my selfe worthie to succeed him in his seat. I need not to make a doubt whether hee might for any cause giue the principalitie to you or to any other, since himselfe hauing receiued it by inheri­tance from my grandfather, and I being borne vnto it, and not vnworthie of it, ought to enioy it as my due, and lawfull succession; for hee was no other then gar­dian [Page 29] and protector thereof: how could hee then take it from me and giue it vnto you, who deserue the same in no sort, neither by reason nor by valor: Had you bene so wise as you thinke your selfe to be, to gaine a dignitie or an assured principalitie, you should haue immitated some such, as it may be being lesse cowardly, but more wise then you, and knowing themselues not valiant e­nough by armes to winne any authoritie, doe become first begging friers, and so well behaue themselues ther­in, as afterwards they become cardinals, yea and often­times obtaine the Papall seat, in such sort should you haue become a Prince; You I say who haue neither vertue nor valor, but in your tongue, by the which you could so well persuade my deceassed father to disho­nour himselfe, and to wrong his onlie sonne, preferring you before him. But I haue such an assured hope in the Emperour his sacred Maiestie who is our iudge, as that shall be restored which of right belongeth vnto me, and I assure that but for the respect I beare to the same Ma­iestie, I would doe that, as you should know you ought not to vsurpe my gouernement, but thinke your selfe verie happie in surrendring the same ouer to me, & not receiue the punishment due for your rashnesse.

Declamation. 5.

NOt long time after that the Kings were bani­shed Rome, and that the death of Tarquin the last king thereof was made manifest, the Con­suls and Senat began to grow more prowd and couetous then they were accustomed, and the people being on the one side ouerburdened with taxes, and on the other side ouerlaid with vsurie, and imprisoned for debts, they began to rise against the Senat, in such sort that they be­ing in armes vpon the holy mountaine, they would in no wise be persuaded to depart, before there was granted vnto them [Page 35] that they might haue two Tribuns for the people; by meanes whereof, their insolencie grew to that heigth, that when they had not warre abroad, they troubled the Senat at home, inten­ding t [...] set new lawes abroch, and amongst others, the law cal­led Agraria: and on the other side, the Senat resisting their demands in that behalfe, they were cited before the Tribuns, and condemned sometimes into exile, and otherwhiles great fines set vpon them: by reason whereof, some of them did vo­luntarily banish themselues before that iudgement was pro­nounced against them, and others made themselues away by some kind of death before the pronunciation of the sentence: amongst whom was Coriolanus, who died in exile, and Me­nemus the sonne of Agrippa, who died with anger, being con­demned in 200 asses, because in the time of his consulship, he ai­ded not the Fabians who were slaine at Cremera. Afterwards Spurius Seruilius was accused, that he was the cause that the Romans lost the batiaile at the foot of the mountaine Ianicola, against the Tuscanes, who defended himselfe courageously against the Tribuns saying after this maner:

NOt in vain did Plato say, that the common peo­ple are like vnto the beast Polipus, which hath many feet & wanteth a head, by reason where­of not seeing the way which he holdeth, he o­uerthroweth himselfe: in like maner the ignorant peo­ple doe go on forward without anie consideration, see­king their owne ouerthrow whilest they imagine to giue the Senate a fall: and that which is worst of all, they who ought to guide those blind men in a better course, are such as by force would bring them into the bottomelesse pit of confusion, or headlongdowne fall of rashnesse. It is vnto you that I speak, O you Tribuns, yet no Tribuns, but rather seducers of the poore peo­ple, [Page 36] and scourges of the Common-wealth: Surelie the Senat, and people, doe now receiue worthie punish­ment of their faults, the one hauing desired, the other hauing suffered you to be promoted to such authoritie. Trulie worthie Agrippa did neuer doe other harme to the Commonwealth, thinking to doe good, then in ap­peasing the people with this cōdition, that they should haue Tribuns appointed them; as if at the length the people knowing the confusion of their weakenesse, would not by the same meanes haue acknowledged their fault: for without you they would haue vnder­stood, that the Senat executing right and iustice, (as it doth) is inuincible, as depending onlie vpon the lawes, and the gods. O Romans, know you not that the kings haue honoured, and in a manner submitted themselues vnto them? And so long as they held that course, they were like vnto the gods in honour, and prosperitie: but after that Tarquin the prowd, would haue put downe the Senat, he himselfe was exiled with perpetual shame, to the confusion of all his posteritie: O blessed people, who then knowing what was needful for them, did en­deuour themselues to hold vp the Senat, not suffering so much as that any kinsman or fauorer of the name of a king should remaine in Rome, whervnto Collatin (the rooter out of kings, and one of the first Consuls, who was banished onlie because he was by name a Tarquin) was a witnesse, they hauing no desire to suffer neither king nor Consull of his race: Shall we then indure the tirannie of the Tribuns? Doe you not say, O you peo­ple, that they would (if it were possible) abolish the Se­nat, that they might afterwards tirannise ouer you: for such is the manner of those, who of nothing doe rise vnto some dignitie, as through pride and ingratitude, [Page 37] they doe make themselues intollerable, which is to bee seene by these Tribuns, who when they could not shew their pride & ingratitude to Agrippa, for the short time he liued after their creation, haue manifested the same to Menenius his sonne, being the cause of his death, with the griefe that hee tooke in seeing himselfe condemned by those, who not long before durst not presume to consort with anie his fathers seruants: I say this noble Agrippa died so poore that he left not onlie so much as to burie himselfe withall, as it likewise chan­ced vnto manie others. Behold then in whom the am­bition and couetousnesse remaineth, which you would impute to the Senators: who as a candle do consume thēselues for the publick good, whilst you (which were it not for the office that the Senat hath bestowed vpon you, should oftentimes haue no bread to put in your mouthes) endeuour to persecute the Senat, and destroy the people. You accuse me to be the cause that the bat­taile was foughten so vnluckilie, vnder the mountaine of Ianicola, I submit my selfe to the report of the Senat and people whether my endeuor were wanting. Me­nenius was condemned for not aiding the Fabians in the time of his consulship, and I for fighting vnluckilie: as if the one & others fault proceeded not from the inso­lencie of the Tribuns, who did so animate the people against the Senat, as hardlie would they march vnder the Consuls: but who knoweth not that the souldiors neuer doe anie good seruice, if they loue not their lea­der, who also can doe no worthie act, if he be not tho­rowlie assured of the good will and obedience of his souldiours: but concerning the Fabians, they were cut in peeces in the field, before the consull was aduertised that they were in anie danger, yet was hee condemned [Page 38] vniustlie by you. Is it not also manifest that you by your crossing & hindering the enrolling the souldiosr, haue ben the cause for the most part that succour hath come too late: this is all the good that you doe in the Com­mon-wealth, O you Tribuns, plagues of the same: it is not before you (who are vnworthie to take account of my actions) as I will iustifie, much lesse excuse my selfe: condemne me if, you can, I speake not to the end to dis­suade you: I will not be ashamed to be the companion of so manie vertuous men whom you haue wrongful­lie condemned; but I do verilie assure you reuerend fa­thers, that as much hangeth ouer the heads of euerie one of you, vntill that the condemnation of such a one (not more louing to the Common-wealth, yet more happie then I) do prouoke you not to endure anie more the insolencie of these heddie fellowes: who doe one­lie maintaine their authoritie they haue with the peo­ple, in quarrelling with the worthiest Senators: and you O people, no lesse ingratefull, then ignorant, of the euill which threatneth you, bee you full assured, that these men will bring you to that passe, that you will desire (but neuer obtaine) that the Senat may bee restored to their first authoritie.

Declamation. 6.

[Page 42] A Man that was maimed of one of his hands, did strike an officer of the Magistrates, for the which he was to lose his hand: it could not bee proued with which hand he did strike him, he said that it was with his left hand, which was the same that was maimed: notwithstanding the iudge would the sound hand to be cut off, alleaging these reasons following.

IT were better that laws were neuer made, then not to be executed, for the law that is not kept, maketh the Magistrats despised, and so conse­quentlie maketh men to doe euill, but the mea­ning or glosse of the law is to be considered, as also the qualitie of him which breaketh the same together with his intention: for if a man kill another in his owne de­fence, or he which stealeth, being by extreame want vr­ged therevnto, such a one is in lesse fault, then he which killeth a man of set purpose, or he which stealeth, ha­uing no great need: It behooueth vs then to consider that the meaning of the law is, that hee which smiteth an officer must lose a member, and not that which is maimed alreadie by some other meanes: but concer­ning you, who are the breaker of the law, you had little cause so to do, being lame, because such men should ra­ther keep themselues from strokes, then desire to strike anie man, because they are the weakest: also you were not constrained therevnto, and therefore you were ra­ther to expect for more hurt, then anie good to happen vnto you by the same blow; whethereby it may be seen that anger is an enemie of good counsell, and forbea­rance is the best meanes to bridle rage: for if you were not wronged by the officer, you deserue double pu­nishment [Page 43] for striking him: and if you were iniuried, yet the badge of his office might haue serued for a warrant that there was a Magistrat, of whome you might haue had right, if you had accused him boldlie, alleaging that he which was to redresse wrongs, had wronged you: but in not doing so, wee must come to this that you haue done, which is, that you haue beaten the Magi­strate his officer: you say it was with your left hand, the which is verie vnlikelie, because few men are left handed, and you especiallie cannot so be, seeing that if you were such by nature, yet were you constrained of long time to vse your right hand, and verie hardlie could you euer remember your left hand, vnles it were when you stood in anie need thereof: if you say that it serued you onlie to strike withall, it is a signe that you had a will, or that you were accustomed to strike, which is a kind of offence. Finallie there is sufficient proofe that you haue stroken, and you confesse the same, but you cannot prooue that it was with the left hand, nei­ther is there anie likelihood at all of your saieng, wher­fore if you haue no other proofe, you may account your selfe for a condemned man, for the law intendeth that you shall lose a hand: how can one now take away that which you haue wanted long since? bethinke you then to prooue your saieng, or suffer the law (which you haue mistakē) to be executed vpon you, to giue ex­ample to others, that hereafter they be not so rash. For to cut off your vnprofitable hand, should bee rather a pleasure then a punishment to you.

Declamation. 9.

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 [Page 61] 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 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 [Page 62] 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 fai [...] 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.

Declamation. 10.

AT Rome during the time of the sixtie eight Consulship, the famine was so ex­ceeding great, that many of the common people did throw themselues into the Ti­ber: then Spurius Melius, one of the order of the knights, a verie rich man, hauing great acquaintaince in Tuscane, caused a great quantitie of corne to bee brought from thence, the which he did freely distribut among the people for a gift, so that by this meanes hauing gained the peoples loue, he aspired to the kingdome, wherevpon being war­ned before the Dictator, he not only refusing to come, but also moouing the people to sedition, was slaine by Caius Seruilius Hala, maister of the knights; who shortly after was for this fact accused as an offender, by one of the Tribuns of the people, who said:

HOw can a cittie be tearmed free, or well gouer­ned, where it is lawfull to kill a Citizen vnder the colour of a crime, before he be not only con­demned, [Page 66] but also before his cause be tried, or his accu­ser knowne: and what man was he? Surely a man who in such a time being dead, ought to be raised to life a­gaine, if it were possible: a man noble by his vertue, a­bounding in riches, the which he knew how to distri­bute, not onely according to the true order of li­beralitie, but with a wonderful and more then humane charitie: but what charitie can be more great then im­mitating the gods, to preserue the poore from death? and especially from hunger, which in truth is the hor­riblest death of all others: how wicked then is the na­ture of those, who desiring not to follow his vertue, haue borne him such hate, that being prouoked to rage at the report of one only accuser, (and it may be subor­ned) haue depriued him of life: some will say that he would not appeare before the Dictator: was there no other meanes to cause Spurius appeare, but first by pla­cing guards through all the streets, and afterwards to send vnto him the master of the knights, to tell him that the Dictator demanded for him, and consequently that he was accused for aspiring to be tyrant? What man in the world is so resolute, that he will come on the sodain hearing that he is accused of treason? That knoweth a Dictator to be expresly chosen to condemne him, the which officer is neuer made, but vpon special cause, and to represse the enemies to the Commonwealth? That beholdeth a maister of the knights, chosen of purpose to carrie him away: Who would not be meruailously astonished at this, because the more innocent a man is, the more amased is he in the like extremitie? for it is very manifest, that those that are culpable, foreseeing the dangers wherein they aduenture themselues, doe also foresee to prouide for remedies, or at the least, whē [Page 67] dangers do happen, they are least astonished: but this man being as much afraid, as innocent, endeuoured to flie, to the end he might haue some leasure to consider from whence this so suddaine mischiefe proceeded, or to auoid the first rage of the Dictator: who hauing his ears cloied with accusations, and his mind occupied with passion, and anger against the accused (as he did very well manifest, sending to seeke him with such fu­rie,) he dispaired to find anie place reserued to heare, much lesse to waigh his iust excuses: was there no meanes to send for him after a more modest order? It seemeth no; because they would find an occasion to do that which was done. If the commission of Seruilius was to slay him? There was no need to expect anie fur­ther course of law. If his authoritie were but to fetch him, he could not kill him, without being in verie great fault, although Spurius had beene an offender? For ha­uing pursued him so neere, he might as well haue taken him, and brought him away with him, as murther him. Is it possible that a maister of the knights was such a co­ward, that he durst not, being armed on horseback, lay his hands vpon a man running away? But I pray God that this be not true, which the people do murmure a­broad: to wit, that Seruilius doubted of the truth of the accusation, wherefore finding in his owne iudgement, an occasion to depriue the partie accused, of audience, and a means to iustifie himselfe, he serued his owne turne fitlie: to satisfie the malice of the Senators, and the greedie auarice of the vsurers, who by the liberali­tie of Spurius, lost the meanes to finish the deuouring of all the poore people: for such is the nature of the ma­licious, enuious, and couetous people, the one kind of which, doe thinke themselues vndone to see another [Page 68] man prosper; the other imagine that they are disgraced, if any one attaine vnto honor; and the third sort more worse then all the rest, doe thinke that to be lost out of their owne goods, which they cannot wrest foorth of the substance of another: wherefore such people are hurtfull to all men, and worst of all to themselues, for they take as little pleasure in that which they haue of their owne, as in that which they haue not at all: so that they possessing nothing but riches, doe neuer any good but when they die: for then is their vnprofitable trea­sure set at libertie, and the Commonwealth is freed from their greedie deuourings. I passe ouer with silence that some doe presume, seeing Seruilius triumph thorow the cittie, with his sword all bloody in his hand, that he had some particular malice against him, and the more constantly is it affirmed, because he might as well haue taken him as slaine him: others doe say that this blocke was throwne in his way, to confiscate his goods, and they say that if it had been otherwise, all the Senat to­gether had more cause to appease the people, then Spu­rius alone; for they knowing how he was by dutie bounden, had no occasion to stand in any doubt at all of Spurius: but it is pittie when men will not only do no good themselues, but also persecute those which do it. God graunt that this which the people speake so rashly concerning the Senat, be not very true: but as touching Seruilius he cannot denie, seeing that (besides the boa­sting that is made thereof) there are store of witnesses, that he hath killed Spurius, and not one will say that the other made any resistance, wherefore we demaund that iustice may be executed vpon him who hath beene the cause that the same was not done vpon Spurius, if he were culpable, and if he were not, then we require it, [Page 69] because he hath slaine an innocent.

Declamation. 11.

THe law appointed, that whosoeuer killed a Ty­rant, should obtaine of the Commonwealth whatsoeuer he demandeth, except onely the go­uernement thereof: Moreouer, the same law saith, that after the death of the Tyrant, all such as were neerest of kinne vnto him, must likewise die, al­though [Page 72] they be nothing culpaple: Whervpon it happened, that the wife of the Tyrant (not knowing any cause why) did slay her husband, and required for recompence of her fact, that her sonnes life might be saued, and exempted from the foresaid law: but the Citizens declared that the same could not bee done, saying:

THe same law that promiseth you a reward, doth denie you him whom you demand, see­ing that it commandeth expressely, that all the kindred of the Tyrant should die: wherefore if any other then your selfe had slaine him, you should haue beene one of the same number, yea and the first of all, as she that was neerer vnto him then any other of his kinne, and so consequently the chiefest partaker of his Tyrannie: but yet to fauour you, we will not now dispute vpon the cause of your killing of him, whether the same was done through hate, anger, or for some o­ther particular reason, without anie regard at all of the common good: for although no act, be it neuer so good, is to be performed by any wicked meanes, yet do we allow your fact for good and laudable, and you may induce vs, to beleeue that you haue done it in a good zeale, and for our benefit, so that you will not desire to saue the Tyrants sonnes life: for in preseruing it, you shall not haue slaine, but reuiued the Tyrant, neither yet ended, but prolonged the Tyrannie, because it is more likely that a yoong man will liue longer then an old: for surely, although the Tyrants sonne be neuer so well disposed, yet shall we alwaies suspect him, can there be anie greater tyrannie then to stand in doubt of it continually, seeing that of all euils, feare is the cruellest part, for without it death it selfe should be a soueraigne [Page 73] good: Truly a knowne Tirannie, were farre lesse gree­uous then a daily feare to fall into it would be, for the Prouerb saith, That much better is a knowne mischiefe, then a doubtfull pleasure: how much then ought we to preferre a certaine good, before a manifest euill? of the which good we can neuer be assured, so long as the ty­rants sonne doth liue: for the desire of reuenge is so whot, and the couetousnesse to commaund and rule so vehement, that hardly may he forget who was his fa­ther: also it is to be feared that you would neuer haue slaine the fire, if you had not thereby hoped one day to see the sonne in his seat: which would be worse for vs, then if the father were yet liuing. You will say, that the banishment of him whom we feare, might very well put vs out of doubt, the which can in no sort be so, be­cause our enemies which might helpe him with their fauour and counsell are abroad. Coriolanus being bani­shed, would haue destroied Rome; had not his mother by her wise persuasions preuented him, so also would this our enemie not be the first, that of an exile would aspire to be king, for such as are farre from their coun­trie, experience and want, maketh them much more in­dustrious, and resolute; so that so long as he liueth, wee shall be like him that holdeth the wolfe by the eares, who no sooner is let lose, but he doth mischiefe, and to hold him still, is both ircksome and dangerous: for as the wolfe hurteth those whom he seeth, before he be spied, euen so this race of aspiring Tirants infect the righteous minds of those which are not well acquain­ted with their nature. But would you willingly incurre this blame to haue slaine your husband for some other cause, rather then for the good of the Commonwealth? we haue no such bad opinion of you yet, let your good [Page 74] deed then be sound, and without spot, rather then to demand such a thing, whereof vnto you there would come exceeding mischiefe, and vnto vs most great dan­ger; like as you know, that the law saith, that the Tyrant killer should be rewarded, so you may remember as wel (as the reward) that it also saith, that all the Tirants kin­dred ought to be put to death. If you haue slaine your husband, neither for loue of the law, nor for the good of the land, you are greatly to be blamed, and to be punished for murthering your husband: but if your zeale be good, suffer then that good may come therof. You will say, my sonne is yoong: true it is, and there­fore he may the more easily grow worse then better, as those doe who are by nature borne vicious, and they are such for the most part as are borne of tyrannous pa­rents, as his father hath ben prooued, and so shall you likewise be, if you obey not the law. Finally the father and the mother haue ben both very resolute, the one to vsurpe, the other either to suppresse or desirous to renue the tirannie: vntill now we doe not know whether of the twain was meant: but we know very well how dan­gerous the preseruing of a son borne of such parents is, whose qualities he may very well follow: resolue you then to put vs out of doubt (in asking such a reward as may be graunted) that to a good and vertuous end you murthered the tirant, or els prepare you to receiue such punishment as a woman deserueth, that for her owne particular passions hath slaine her husband.

Declamation. 12.

[Page 78] A Certaine honourable ladie being at the point of death, made her last will and testament after the desire of her curate: who had more respect vnto his owne particular profit and the commodity of the church, then to any the benefite of her kin­dred: wherevpon so long as the ladie was able to say I, he al­waies added something or other vnto the will: when neither any of the sonnes, nor the father himselfe either would or durst gainsay him in any thing he did, for feare of troubling the mind of the sicke woman: but after her death and that the fu­nerals were inded, there was some motion made to haue the said will reformed: wherevnto the curate would in no sort con­sent, but compelled the heires and executors to performe the same, vnto their great griefe. Some small time after, the hus­band of the deceassed chanced to fall into the like sicknesse, and the curat handeled him after the same sort, as he vsed his wife, euen vnto his last gaspe, so that the poore man because he would leaue the world in peace, did still answere I: the which the el­dest sonne perceiuing, (who but a little before was returned from the warres) he began to bee exceeding angrie: and ima­gined which way he might be reuenged of the Priest: Where­fore comming neere vnto the bed, he also began to increase the number of the masses, and dirges, wherevnto the pacient stil an­swered, then in the end he said alowd, Is it your will that the curate be presently throwne down the staires? the sicke man said I, againe, not vnderstanding what his sonne said: the same was no sooner spoken, but the sonne tooke the Priest by the neck, and throwing him downe the staires, brake one of his armes. The curate accused him, and protested that he had wronged him, saying:

[Page 79] WHat treason may be more execrable then this, being committed vnder the coulor of pittie? I was called to comfort the sicke, to administer vnto him the holy sacraments, & to admonish him of his souls health: when this vngodly fellow ap­proched neere vnto the bed, and faining to assist my de­uout intention, did wickedly betray me, as is manifestly of be seene by the maiming of my limmes. The deri­ding of the sacred reliques, and abusing of the patients will, might well haue sufficed, without further adding therevnto this outrage. Who shal henceforth be the pa­stor, that dare instruct the diseased to haue a care of their saluation? Seeing the thanks which they haue, and the recompence which they receiue therefore, is the assay­ing to breake their necke? Verie true is that, which is commonly spoken of such as follow warres, which is, that they neuer take pleasure in anie thing, but in doing mischiefe; and that they as much despise those things which are sacred and holie, as they doe esteeme such as are prophane. This lewd fellow hath not only sticked to slander his owne father, at the houre of his death, but also careth not although he be damned for euer. O child of perdition, doest thou not know that at the last gaspe consisteth either the saluation or damnation of men? How manie are there, who hauing alwaies liued godlie, doe damne themselues at the last houre; and o­thers hauing bene wicked, that by their end haue been saued? The good Dismas who was crucified at the right hand of our Lord, sheweth vs an example of the one, and Iudas an Apostle of the same Christ, is a figure of the other: how durst thou thē trouble the last thoughts of thy father by thy insolencie? Especially outraging [Page 80] him whom with all thy might thou oughtest to defend, seeing that we doe here represent the Diuinitie: for the Pope representeth God, the Archbishop the Pope, the Bishop the Archbishop, and the Curate the bishop. I re­quire then that the wrongs done vnto God, the Pope, the Archbishop, the Bishop, and to my person, may be repaired, and that he which hath committed it, may be punished according to his deserts: to the end that all such insolent persons, that will not bridle their affects, for the reuerence which they owe vnto God and his Church, may by his example beware that they incurre not the like punishment.

Declamation. 13.

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 [Page 83] 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.

Declamation. 14.

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 well that I haue bought, and trulie paied for my horse, neuertheles it hath beene violently taken from vnder me, euē when I had most vrgent cause to vse him, for I was going to confesse and comfort a sicke person, who through the fault of him that tooke away my horse, is dead without confession: behold now by this meanes a soule in dan­ger of eternall damnation, for it is the burthen of sins, that causeth soules to be lost: in like sort I was in dou­ble [Page 86] daunger of my life; one way, if his enemies had knowne that he had preuailed by my horse to escape from them; another, for the feare that he did put me in together with the force that he did vse in taking away my horse, as also because I was compelled to goe well three long houres a foot before I could find any house, whereby I caught such a quartine feuer as will easilie bring me to my graue, for as the quartine feuer purgeth and maketh yoong men to grow, so doth it kill such old men as I am: but although all this were not likelie, yet ought iustice to be done, as an example for theeues, o­therwise shall no man be able to trauell the countrie: if such a one be pardoned as robbeth a Priest, why shall not he hope for the like that robbeth a Marchant? You will say I haue restored your horse, and rewarded you with a gift as much as the horse might bee woorth; the matter consisteth not therein, but in that you did take him from me against my wil, with violence, and threats; But in restoring of my horse, haue you raised the dead to life againe to receiue confession? And am I cured of my disease? Especially if your enemies had ouertaken you, who should haue restored me my horse: Seeing I knew not who you were, but onelie hee which robbed me. I require and hope that such iustice shall be exten­ded towards mee as will make others by your example to respect those, who are recommended vnto them from God and the church.

Declamation. 15.

A Certaine man bargained with a souldiour to kill his enemie, but afterwards repented him, and forbad him in any sort to touch him, to the end to hurt him: and this hee did in the presence of two witnesses: the souldiour notwithstanding went on forward and killed him, and afterward was taken and condemned to die, but the Attorney Generall accused the man [Page 89] that had hired him of this capitall crime, saying:

SHall it then be tollerated in a Commonwealth that anie man may hire one to murther ano­ther, at his owne pleasure? As if there were no iustice to determine their controuersies and quarels? If such faults may be excused, or wincked at, who shall be anie where in safetie? If it bee an offence but onlie to imagine such a wickednesse, how much more then is it to commit it? And so much the greater is this fact, as that he was not contented to offend him­selfe alone, but that he hath likewise prouoked another to be partaker of his villanie, especially with the price of his monie, moreouer it is a capitall crime when one enemie killeth another, how much more hainous is it then, when one goeth about to cause him to be mur­thered by such a one, as not onlie wisheth him no hurt at all, but also by such a one as skantlie knoweth him? What infection? What plague? What abhomination can be more great in a Common-wealth then this? If whooredome be punishable, the which were it not for the reproch thereof, is rather an encreasing, then a losse vnto the Common-wealth; What punishment may be seuere inough for those as will infect the same with such murthers? If this crime be not sharplie punished, euerie one will boldlie enterprise vpon anie small occa­sion to cause his aduersarie to be slaine if he can, and if he cannot, he will say then that he is sorrie that euer hee thought to doe so bad a deed; as this man saith: One would not beleeue that such a wicknesse would bee in­uented amongst men, or if a man did know it, hardlie should it be beleeued: but those which doe beleeue it, ought also to know, see, and beleeue the punishment [Page 90] due vnto the same, and the mischiefe that for such hai­nous crimes doth happen vnto those that commit thē. This man saith, I did forbid him in the presence of two witnesses, commanding him not to kill mine enemie; as for me, I thinke but suspitiouslie of those witnesses, for if they had ben honest, and iust men, they would haue found the means to warned the other, wiselie to be­ware of him that had alreadie conspired his death, as also of him that was to take away his life: or els they should haue aduertised the iustice, that there was a mur­therer in the cittie, that for monie would vndertake to slay men, and by that meanes, there had not happened so great a wickednesse: and that which is worst, it is ve­rie likelie that after he had forbidden him, he did againe command him without anie other witnes, but the mo­nie giuen to doe the deed: but were it not so, yet is it verie euident that you are the author of this mischiefe: and the cause of the death of two men, therefore it is but right that you should make the third, for he which maketh such a bargain once, hath either done it before, or will doe the like another time, so that it is best to pre­uent the worst by cutting you off betimes. You say that he ought not to haue killed him, seeing that you forbad him; but you should not haue induced him to kill him, least afterward you might not be able to reuoke his wil at your commandment, for all the while that he sought for the means and oportunitie to doe the murther, an hatred against the same man did enter by little and little into his heart, which you did afterwards think by your forbidding, might be wholie rooted out at one instant: but the same is not easilie to be done, for men are natu­rallie more enclined to mischiefe, then goodnesse, so that they doe alwaies more hardlie forgoe it, and espe­ciallie [Page 91] such as of long time hauing followed the wars, are vsed to kill men, so that they doe as it were thirst af­ter humane blood: wherefore you ought to haue be­leeued that after you had persuaded him to act the mur­ther, it was not easie for you to dissuade him from it, & so consequentlie you should not haue persuaded him, much lesse haue giuen, or promised him monie for the same intent: but you should haue remembred that the pleasure of reuenge lasteth but a litle while, and the ioie that commeth of mercie endureth for euer: Moreouer that for the most part in seeking to reuenge vs vpon a­nother, we doe find our owne destruction, wherefore it is better, and the surest waie to leaue the reuenge vnto God, who is iust, and knoweth the hearts of all men. But if desire of reuenge, or to haue right of your ene­mie, had so greatlie vrged you, you ought to haue had your recourse vnto the iustice, and so to haue had him chastised, without anie danger or dishonour vnto you at all: or els if you would haue needes chosen a worse course, you might haue determined to haue taken re­uenge your selfe, without making another man a mur­therer for you: and it may be, that euen then, when you had repented you of the fact, you had beene as lit­tle able to haue withholden your selfe from doing that which you had determined. All these reasons aboue said, doe make your trespasse the greater, and I see not a­nie of them that may make it seeme lesser, so that it see­meth verie reasonable, that the offender should be pu­nished, to giue an example vnto all those which haue the like wicked desire.

Declamation. 16.

A Certaine man was excommunicated and accursed for disobedience to the church: wherevpon his wife would needs be diuorced from him, but he would not restore her mariage good, but alleaged these reasons:

HAue you not promised me before the Priest and the assemblie of our kindred and friends, to bee my spouse, and lawfull wife? And neuer to for­sake me for anie chance whatsoeuer? Haue you not al­waies bene partaker of my prosperitie? Wherefore wil you then abandon me in my first aduersitie? As for me I will not let for anie thing that may happen, to esteeme [Page 95] you for a verie honest wife, but I know not what others will thinke of your deed: for as much as the custome of honest women is, neuer to forsake their husband in anie matter, nor for anie thing, but they doe still abide constant with them in loue and vnitie, and they do ob­serue the faith which they haue promised, when they were not onlie made companions, but euen the one halfe of their husbands: seeing that men cannot, and much lesse ought not to seperat those whom God hath coupled together by marriage, which is the most anci­entest, most holiest, and most approued by God of all other whatsoeuer: for God himselfe did institute the same, not in the world, but in terrestriall Paradice, euen when man was yet in his innocencie, and afterward he honoured this holie estate with the first of his miracles that he wrought, at the mariage in Cana of Galiley, where he turned the water into wine: Moreouer you must consider, that God tooke from man the substance whereof woman mas made, to the end that she might thereby be bound not to forsake him; wherefore Saint Paule saith, that woman was created for man, and not that man was made for woman: in like sort the words of our God himselfe doth witnesse the same, when he saith, It is not good that man should be alone, let vs make him therefore an helpe; what libertie then hath the woman to forsake her husband? Although it was by the woman her prouocation that man sinned, and was iustlie cursed by the mouth and power of God, yet would he not for all that seperate them, but gaue them hope of saluation, if they remained together: For he saith, that like as by a woman sin came into the world, so also of a woman, should he be borne which should ouercome sinne and death. Saint Paule also biddeth the [Page 96] beleeuing wife to abide with the vnbeleeuing hus­band; saying: Woman what dost thou know whether thou shalt saue thy husband or not? Wherefore then will you forsake me? Whether it be by right or wrong that I am sequestred from the church, yet am I not vt­terly excluded from the same: time may make it known whether I deserue to be excommunicated or not, and although I may haue deserued it, yet contrition, and Gods fauour cannot be denied vnto me: now is the time that you ought not to forsake me, (not so much as with your eie onlie if it were possible) were you but such a wife as you should be: Trulie a wife can giue no greater token of her chastitie, then by shewing a perfect friendship, and an inseperable loue vnto her husband: for they are shamelesse and immodest women, that doe change their loue, according to the fortune of him whom they faine to loue: how manie haue there been found euen amongst modest women, that haue with a maruailous constancie continuallie loued and follow­ed their friends, as Thisbe, who followed her Pyramus, and would liue no longer after his death, Briseis follow­ed Achilles; Ariadne, Theseus; Medea, Iason; and the con­cubine of Alcibiades, he being slaine betweene her arms when she could not better prouide for him, she wrap­ped him in one of her best garments to burie him: will you then bee much lesse constant, then vnchast? will you imitate and be accounted like vnto Clitemnestra, Thebe, Helena, and other bad women? Doe you not know that such as are good, are alwaies honourable e­uen after their death? As Alcest, who willinglie desired to die to saue her husband Admetus his life; the famous Iphias seeing her husbands bodie burned, would in no sort forsake him, but leaped into the same fire, and was [Page 97] burned with him. Hipsicratea because she would not for­sake old Mithridates her husband, did cut off her faire haire, and being armed, did alwaies serue him as his companion in the wars. Cornelia also neuer abandoned hir Pompey, but followed him into Aegypt where he was slaine. Octauia the sister of Augustus would haue fol­lowed her Marc Anthonie in all places, if he would haue suffered her: & although he loued Cleopatra, yet so long as she liued, she maintained him in peace with her bro­ther. Triaria the wife of Lucius Vitelius, did also accom­panie her husband in the warres, she being armed as he was. What shal we say of Hersilia, Hiperminestra, Laode­mia, Oenone, Clita, Arganthona, Democrita, Gumilda, Caia, Valeria, Terentiana, Iulia, Arthemesia, Panthea, Sosia, Tarsa, Paulina the wife of Seneca, Portia, Turia, Sulpitia, Aegeria, Alcione, Procris, Camma, Sara, Michol, & an infinit num­ber of others, which are all famous for the great loue which they did beare vnto their husbands: wherefore doe you not couet to be of the number of these? See­ing that my disgrace offereth you the meanes to make proofe of your loue and faith towards me, lose not this occasion, bad for me, but good for you, your glory may be a comfort to mine affliction. I do not withhold your marriage good through couetousnesse, but to keepe you from doing that thing which may redound vnto your dishonour, and I would not in anie sort that it should be said that I was consenting vnto it, and I pro­test before God and men, that I doe it for no other cause at all: for I am not ignorant how much all wo­men are importuned, especially such as are knowne not to abide with their husbands for any great loue; but as I haue said, I will neuer consent that it shall be reported that I haue ben the cause of your follie. Wherefore I re­mit [Page 98] all vnto the iudges, without anie further speaking of the matter, being to stand to their censure whether I am to restore your marriage good or not: the which shall be a smal losse vnto me, if I may be so good cheape rid from her who loueth me not at all.

Declamation. 18.

[Page 105] SErgius and Virginius, both equall in au­thoritie, were captaines in the Romane army, before the cittie of the Veies. Sergius was encamped on that side where the Tuscanes might come to releiue the besieged cittie, and Virginius on the other. Now it happened that Sergius was assailed of the Tuscanes, and fought with them, without requiring aid of Virginius, so that part of the campe was thereby discomfited: he being returned to Rome, ac­cused Virginius for not aiding him, and said thus:

WHat profiteth wisdome, courage, and dexteritie in a commander, when enuie alone is farre more able to hinder him, then all these vertues together are able to further the aduancement of his seruice, that desireth to profit the Common­wealth? Euen so is it happened vnto me, for although Virginius and I did both together imploy all our best means to besiege and take the citie of Veies for the ho­nor and profit of the Senat and people of Rome, yet were we neuer able to doe anie seruice of worth, but on the contrarie we receiued dishonor and hurt by the onlie enuie and ambition of Virginius. Neuerthelesse what haue not I done to allure him vnto kindnesse? and to persuade him to be carefull of the safetie and honor of the Commonwealth? I haue alwaies giuen him the chiefest honour, and held him not as my companion; but as the only Generall commander of the enterprise; yea and leauing vnto him the place of most aduantage, I did encampe my selfe both where the greatest danger, and most concourse of the enemies was; thinking by that meanes not only to induce him, but also to bind him more straightlie, (not vnto my aid) but vnto the [Page 106] common good of the whole armie, and his owne ho­nor, yet what haue I gained with all this dutie, and true humilitie? nothing at al, but only thereby increased his malice, pride, and ambition. I therefore considering with my selfe how hardlie two Generals in one armie doe performe anie enterprise fortunatlie, and how on the contrarie, by the diuersitie of their opinions & wits they doe oftentimes not onlie procure one anothers mischeife, but also sometimes, put the Commonwealth in great danger (as Terentia Varo did at Cannas, when he gaue battaile against the opinion of his Collegue) did rather desire yet further to abase my authoritie in respect of his, honouring him as my superiour, in all lawfull things; but all was vaine, for as much as those a­ctions which doe serue to gaine the loue of such as are modest, doe increase the pride and insolencie of those that are prowd, for they doe attribute that vnto cow­ardlines, which is done by modestie and wisdome: which men Virginius desired to follow, for he (seeing that I to gaine his fauour, did oppose my selfe vnto the greatest daunger for his securitie and defence) did pre­sume that I did not this noble act to induce him vnto the like aiding of me, but that I did owe him this ho­nour; wherevpon he did not only forget that I was his companion, but also he would not performe the dutie of a good Generall: for how can he be a good Generall that seeth anie of the inferiour captaines in daunger to be ouerthrowne, and will not send him aid? Paulus E­milius ceassed not to fight, but did willingly die in the battaile, although that Varo began the same against his aduice, the which I haue not done: for it is well known that I would not fight against your will, seeing that I encamped in that place to no other end, but onlie to [Page 107] make head against the Tuscanes, if they came to mo­lest the campe, to raise the siege, or to hinder our enter­prise: yet neuerthelesse you had rather suffer the Com­monwealth to be hindered, then to affoord me your aid in so great an extremitie, especially seeing that by that meanes we might happily haue ended our enter­prise: for in succouring me, the Tuscanes had ben dis­comfited, and no doubt the besieged could not haue chosen, but of necessitie must haue yeelded: but you ra­ther desired my losse and dishonour, then to haue your owne profit and honour ioined together with mine, which had been but a small matter, if all the Romanes had not ben therewithall greatly hindered. The gods forbid that I should say, that you had intelligence with the enemies, but I am very sorrie that you giue occasi­on vnto many to suspect the same, others to presume as much, and some constantly to beleeue it: for you being verie well knowne to bee both valiant and noble, it may be supposed, that without some particular respect you would not haue suffered, not only the Common­wealth and your Collegue to be endangered, but also you could hardlie haue indured the sight of the ene­mie, without an extreame desire to fight with him. Tru­lie Marcellus made manie Sallies and Skirmishes against the mind of that great Fabius, but for all that, he neuer left to aid him when need was; so that by the wise­dome of Fabius, together with his zeale vnto the Com­monwealth, they were named, he the buckler, and Mar­cellus the sword of the Romans; whereby it is apparent­ly seene how happie and fruitfull the vnitie and agree­ment with Collegues is, wherevnto I haue with all my power alwaies exhorted you, yet was I neuerable to obtaine this good at your hands, either for my selfe, or [...] [Page 110] his pride, which he would attribute vnto me: but it is the common custome of the wicked to slander others with those vices which they know to be in themselues, and they imagine that of necessitie others are more ad­dicted vnto them: Whereupon they doe falsely affirm, that they haue borne that respect vnto others, which they themselues doe maliciously look for. As touching that which Paulus Emilius did, he performed his dutie in fighting with Varo, being thereunto required, as I would haue done the like with you, if you had willed me, or at the least if I had knowne that the enemies were come: the which you might haue aduertised me of by one on­ly man or twain, without weakening your campe; but I not knowing thereof, how could I helpe you? But onely suspitious of your meaning; I will not say that I was in doubt that you had some intelligence with the enemies, seeing that I cannot thinke so vild a part or so great a Treason could euer enter in the heart of a Ro­man: but I may well say that I had great reason to sus­pect, least those of the cittie perceiuing me goe vnto your aid, might haue sallied foorth, and charging vs be­hind, haue discomfited our whole armie, seeing that I knew your ouerthrow euen as soone as I knew that the enemies were come; and there was neuer any man of sound iudgement that would lose the whole, when he might saue the halfe, the which was so well considered of our Senat, that after the ouerthrow of Cannas, Varo was more praised for returning home, though flying, then was Paulus Emilius for dying in the place: moreo­uer it is a doubt whether he did well to fight against his mind with Varo, seeing that it had ben better for him & for the Commonwealth to haue ben lesse forward, or at the least more slow, for by that means al had not ben [Page 111] lost, and it seemeth indeed that he condemned himself to haue erred greatly, when he would rather die, then accept the horse which Lentulus did offer vnto him to saue himselfe: for it is a great rashnesse, to bring men vnto the battaile without some great likelihood of vic­tory, the which I could not hope for, not knowing that you should fight so long vntill you were quite ouer­throwne, and then was it too late to send you my for­ces, alreadie amazed with a noueltie being as suddain as it was vnfortunat and vnlooked for: for who would euer thinke that you would haue ben so prowd, or rash as to begin the battaile without aduertising vs? Vs I say that should at the least haue ben companions of your danger, I will not say of your glorie, seeing the greatnesse of your courage could not indure it. Fur­thermore as I am not ignorant why two Generals in an armie are chosen, so do I in like sort know very well (to our great disaduantage) that you had a desire to vsurpe vnto your selfe alone the whole authoritie: finally there is too much said in a matter so euident, wherfore I sub­mit my selfe vnto the iudgement of the Senat, whether I was bound, or whether I should haue done well to hazard the rest of the armie, to remedie a mischiefe, whereof I had no intelligence vntill it was quite reme­dilesse.

Declamation. 19.

[Page 112] A Certaine inferiour iudge of a Prouince, condem­ned a man to death, who appealed from him to the court of Parl [...]ment: neuerthelesse, he defer­red his comming thether so long as he could, sometimes by faining to bee sicke, and by such o­ther meanes; which succeeded so badly for him, that the said iudge came to be President at the Parlament wherevnto the said offender had appealed: Whervpon being brought thether, he refused to be iudged by that new President, saying:

YOu would then that I should appeale from Pilate to Pilate, I will keepe me from that, if iustice haue anie place; for it cannot be tearmed an appeale, to haue the same iudge from whom one appealeth: Who knoweth not that he is the same man, who to encrease his dignitie, will nothing at all surceasse his iniustice, but rather with his dignitie and authoritie will also in­crease an ill opinion towards me, because I haue appea­led from his iniustice? for if he did me wrong when I might appeale from him, what will he now doe, if he may absolutely iudge me without contradiction? As for me, I doe firmely beleeue, that with mine enemies coyne he hath bought this authoritie, to the end that I might haue no other meanes to escape his vniust sen­tence: I will not say that such places of authoritie ought not to be sold, but I dare trulie auouch that there ought great heed to be taken vpon whom they are be­stowed, and so much the rather, because being to con­tinue in the same during their life, they are the lesse sub­iect to correction, and paying money therefore, more subiect to corruption. O happie is the countrie where the King maketh his abode, as at Paris and the places thereabout, for there those which deserue authoritie [Page 113] obtaine them: for by the proofe of their capacitie, fide­litie, and good seruices done vnto the Kings Maiestie, and to the Commonwealth, they are prouided of such estates as they deserue, or rather those places of autho­ritie are prouided for such men as know how to exer­cise them as they ought: but here where we are farre from that princely light, all is subiect to corruption, and they doe not beare office which doe best deserue it, but they which haue the most friends, and the greatest purse: so this my partiall iudge hath in one day obtai­ned without any desert at all the dignitie of a President by his monie. To auoid this corruption, in Italie, Spain, Almaine, Flanders and other Prouinces, the iudges are only but for a yeare: but after that the tearme is ended, they are subiect to the like officers, or vnto the Censure of other iudges: such also was the custome of the Ro­mans, that so long time did flourish, and yet should haue flourished, if Marius and Silla, and afterwards Caesar and Pompey, had not (with other good customes) caused this likewise to bee neglected: for the Romane Empire, which so many yeares before was famous, did wholy decline, when offices were more easily obtained by the wealthie then the vertuous; but so long as the rich men did suffer themselues to be gouerned and iud­ged by the poore Fabricias, and such others, no king­dome was more happie and prosperous then the Ro­mans Commonwealth. The Venetians haue flourished almost a thousand and two hundred yeares, by the like meanes, in making more estimation of such Senators as were vertuous, then of those that were rich, who if they haue not vertue ioined with their riches, do there neuer obtaine anie dignitie: which is the cause that a­mongst them iustice is rightly administred, and that the [Page 114] condemned doe neuer hope for anie redemption, or fauour by appeales: but because we are farre from the presence of the King, from his Counsell, and from the most worthie chiefe Court, we in this our Prouince do see the iudges so corrupt, or sometimes so ignorant, that of an hundred appealants two doe not returne rightly iudged. It were reason therfore that this our iudge were allowed some certaine time, to learne of the Lords which haue of long time ben of this Parlement, before he haue this authority to adiudge those appealants which haue appealed from himselfe: truly I should thē be content to say that I haue appealed from him being vniust, vnto himselfe being become iust; but what assu­rance haue I now thereof? Seeing that in authoritie (which is indeed the touchstone to trie men withal) the most part of them doe wax worse, and euen as the waight of gold diminisheth, being oftentimes rubbed vpon the touchstone, so doth the consciences of such as are but slenderly indued with vertue decay, by often changing of their dignities: for if men did know, or at the least would not dissemble, how hard a thing it is, to vse the office of a iudge; there would be so few that would couet to buy that place, as hardly should there bee any found that would bee desirous to take such au­thoritie vpon them: Neuerthelesse, this being not my iudge, but mine aduersarie, not content to haue adiud­ged me once, would condemne me againe. King Lewis the twelfth, when one counsailed him to be reuenged on those, which in times past had offended him, answe­red that it was not the part of the king of France, to re­uenge the wrongs which were done vnto the Duke of Orleans; which surely were both the words of a no­ble and mild prince: but I find not any of these two [Page 115] parts in this new president: but rather on the contrary, it seemeth that he hath made himselfe president, to cause those to die whom he hath wronged, being but an inferiour iudge, of whom I am one, and he which is vnto him most odious. The old prouerb saith, That the ignorance of the iudge is oftentimes the cause of the calamititie of them that are accused: O happy world wherein this Prouerbe was inuented! if then the iudges did only offend through ignorance, although the same be a fault great inough, what shall we alasse say then in these daies? Wherein malice exceedeth ignorance, and that for the most part they harbor both together? Or that which is worst of al (if it may be lawfull to speak the truth) that as the number of the skilfull encreaseth, so the number of the good decreaseth, and when that happeneth, there can no good bee hoped for in the Common-wealth: for there is nothing more dangerous in the world, then to haue such a man in au­thoritie, that is wise and wicked both together: because that for euery purpose, they haue examples very readie to prooue, and persuade their wicked intentions to be lawfull, like vnto this man, who by his monie is made president: Wherefore I doe rather submit my selfe vn­to anie other iudge, then vnto him whom I doe vtterly refuse.

Declamation. 20.

THe ancient militarie law is such, that e­uerie souldior maketh his oath particu­larly to follow his Ensigne, the Ensigne taketh his oath to obey his captaine, the captains their Colonels, then all of them generally doe swear the same oath to the Generall of the armie, (representing the [Page 119] person of the Prince) to serue him truly and faithfully. Where­vpon the Generall, or Lieutenant Generall chanceth to die in a difficult and dangerous enterprise, and by his death the souldi­ors hold an opinion that they are acquited of their oath, and that they may giue ouer the enterprise. And thus one amongst them pleadeth for all the rest:

THe oath of the souldior lasteth so long as he that receiueth it, or he to whom it is made liueth, as we haue done vnto our General, who being dead, we are no longer bound. We haue sworne to serue the Prince vnder his conduct: following him in all, and by all things, into all places, and against all men, without a­nie exception at all: the which we haue done euen vn­till his death, without anie refusall, or contradiction, wherefore hauing performed our dutie, we are no lon­ger bound: for we cannot follow him any further, ex­cept we should die as he hath done, which would be a thing as hurtfull vnto the Prince, to the Common-wealth, and to vs, as it would be profitable vnto our e­nemies, and ill willers, vnto whom we ought to doe no pleasure nor profit at all. And neuer thinke that we are to be retained in seruice still, saying that the Prince will send another Generall, or that his Lieutenant that is dead, representeth his person by order of prescription, vntill the Prince haue confirmed him for Generall: or that he hath sent another: for such a reason is nothing worth, because there are many that suffered themselues to bee enroulled vnder the deceassed Generall, which would neither march nor be enrolled vnder him whom the Prince may send vs, for such was the trust that wee did repose in his valor and wisdome, that nothing see­med impossible vnto vs, so long as we folowed his cō ­mand, [Page 120] wherefore (considering that the Prince may wel bestow the dignitie and estate, but that the discretion, wisdome, and valor of the man, commeth from aboue) we are discouraged to serue any longer, without know­ing vnder whom: True it is that there is none so good but there may be found another as good: but it is verie certaine also, that an opinion is halfe an effect, and that for the most part, it ordereth matters as it listeth, with­out anie other respect, and especially when it is ioined with some proofe, or admirable experience, as was that of our late noble Generall; which hath so manie times ben redoubled, who by his example did not onelie in­crease the courages of those that were valiant, but also made the verie cowards bold and stout: so that it may verie well be said, that he hath carried our hearts with him, or rather that he hath bestowed part of his great­nesse vpon vs al. Finally, the souldior that marcheth vn­der such a Generall whom he liketh not, differeth no­thing from a slaue, who is bound to serue his maister whether he be good or bad, which is the cause that sil­dome they do anie thing that is good. Wherefore is an oath made? But onely that the performance thereof may follow. Why are not we as free from our oath by his decease, as we were bound by the same while he li­ued? How manie did march vnder Scipio, that would not follow Lelius? Although they were both of one, and the same countrie, one as noble as another, and so great friends, as the one might well be said to bee the other: Neuerthelesse, for the most part both of the Ro­mane souldiours, and strangers, had rather haue died with the one, then liued with the other. By what means did Epaminundas and Pelopides reforme the military dis­cipline of the Thebans? But onely by the good opi­nion [Page 121] which the men of warre had of them. We do not say, that we would whollie refuse to serue, and beare armes for our Prince; but we would faine know vnder whom we should march: moreouer, we would that it might be lawfull for those that will serue no longer to depart: and that those which would follow the future commander, might be bound by a new oath.

Declamation. 21.

SAdoc and Gamaliel (amongst diuerse o­thers) were two brethren, the one excelling in learning, the other in armes: Sadoc by A­strologie, foretold vnto his brother, that if he maried withont the consent of al his brethrē, that there should thereby happen a great mis­chiefe and dishonor vnto al their linage. Gamaliel neglecting this aduice, did marie in a strange country, which done, shortly after he brought his wife (who was exceeding faire) home in­to his owne countrie, and obtaining of his brethren his part of the patrimonie left by his father, he liued therevpon peaceably. He being one day fallen sicke, Sadoc visited him so long, that [Page 126] he fell in loue with his faire sister in law, and found such means as he inioyed her companie in a manner by force; she declared the deed vnto her husband, he both slew his brother Sadoc, & also another of his brethren, who came to defend him: Wher­vpon the other brethren and kinsmen being moued therewith­all, did accuse him to the iustice by these words:

THey truelie are in a miserable case, who haue no freindes that may giue them instruction & good counsell in there youth, because that youth with­out the aduise of such as are graue and wise, are like a fierce horse without a bridle, who ouerthroweth both himself and his rider: but far more vnhappie, and wor­thie of all mishap is he, that dispiseth good counsell; and aboue all other they are most vnfortunat, who through such contempt (withour being thēselues in anie fault) are partakers of such mischeife as therby doth happen, as wee O righteous Iudges are, who not onlie for such an error haue lost two of the best of our brethren, but also are constrained through iust disdaine to demand the death of the third, as vnworthie both to be accoun­ted anie of our number, and also such a one as deserueth to liue no longer in the world, hauing cōmitted so exe­crable a sin as to murther his own brethren: not that the fault inciteth vs to hate him, but because the sorow for those whom he hath slaine, prouoketh vs to require iustice: as well to bridle by this example other such like insolent persons, as also that the rest of our parentage may be rid from the fear of this murtherous man, spot­ted with the blood of his brethren. For it commonlie falleth out, that such blood thirstie men as he is, cannot refraine from shedding humane blood: as it appeareth by Abimilech the Hebrue, who slue seuentie of his bre­thren; [Page 127] and by Absalon, who hauing caused his brother Amon to be slaine, would haue done the like vnto his father: what shall I say of Ioab, and others of the Iews? These are the vertues which a man learneth in follow­ing the warres, who being vsed to murther, finding no enemies killeth his friends, and afterwards his kindred and brethren as this hath done: so did Romulus cause his brother to be slaine, and Alexander killed his foster brother Clitus, & others his good friends and seruants. Aso Epaminundas the Thebane, Manlius Torquatus, and Aulus Posthumius Tubero, being Romans, slew their sons (more worthy to liue then they) vnder the coulor of obseruing militarie discipline. The like did Brutus being in exile, and Cassius the Ensigne of Crassus, saieng that their sonnes conspired against them: the like did Arta­xerxes Mnenon King of Persia. Likewise the great Con­stantine caused his sonne and his brother in law to die, without shewing a reason wherefore: The King of Io­tara slew all his sonnes except one, because he should be his onely heire: Authi Coelio Mithridates, a noble warrior, slew his mother, brother, and many of his chil­dren: Herod put three of his children to death: Final­ly, this desire of murthering proceedeth from the vse thereof, by the which Etheocles, Polinices, Tideus, Polites, Antiochus, Aristobulus, and an infinite number of others, who after they had ben famous warriors, became worse then hangmen: but who will spare him, that for so smal a hire, or for a vaineglory to be accounted warlike, ha­zardeth, or rather selleth his owne life? Yea, and for the most part his soule, which life he ought not to be­stow but only for the safegard and defence of his coun­trie and familie: how can they deserue to inioy life, or to be accounted off amongst men, who liue to no other [Page 128] end but to murther them: and which doe not only de­light in making of widdows, and orphants, but also would willingly make their own wiues and children in the like case, (though with the price of their liues) for the great pleasure they haue, to be accounted cruell: such a one this our brother (but vnworthie that name) is and euer hath beene: whereby we doe plainely per­ceiue, that like as vertues are linked together, so doe vi­ces follow one another: for from his youth he hath de­spised the good counsell both of all his kindred, and al­so of his brother whom he hath afterwards slaine, tho­row the report of a woman: and what woman? For­sooth a stranger: who being enamoured of a stranger, and marrying with him, cared not to forsake her coun­trie and kindred to follow him hether, where (it may be) perceiuing that she was not sufficiently made of to her owne liking, and especially of him who foresaw the mischiefe that should happen by her, did accuse him vnto her husband, knowing him to be as foolish, and light of beliefe, as prone vnto anger and murther. How manie are there that doe themselues prouoke men vn­to adultrie; But when they see that they are refused by them, they doe afterwards complaine that they would haue forced them? The wife of Putiphar, of Theseus, and of others, doe verie well witnesse the same: what assurance haue we of the chastitie or goodnesse of this woman, that she hath not done the like? Hardly may a woman be forced which maketh anie resistance; and if at the least she want strength to defend her selfe, she cannot lacke a tongue nor a shrill voice to crie out, be­ing a thing so incident vnto their sex: but although she had ben forced indeed, was not the law sufficient to haue punished the same? Should not we then haue ben [Page 129] as readie as we are now, to accuse the offender? But for­asmuch as truth ingendreth hatred, he hauing found an occasion (as he thought) to offer violence vnto his brother, was in sooth very loth to lose the same: consi­der then, O you iudges, if such faults be not rigorously punished, that womē being naturally giuen to reuenge, and men ouer easie to beleeue them, will commit a thousand mischiefes. Lastly, it cannot be denied, but that it is as great an iniustice to pardon an offender, as to condemne an innocent, & that euen as iustice with­out mercie is crueltie, so also is clemencie without Iu­stice iniquitie: wherefore we are certaine that you will iudge rightly, as the law commandeth, and conscience and honor doth bind you.

Declamation. 22.

A Yong Gentleman hauing had a quarrell a long time with a neighbour of his, made an agree­ment with him, vpon a condition that the said neighbour should giue him leaue to chuse one of his three daughters in marriage, and allow him the tearme of one yeare to make his choice: so that vnder this coulor, being familiar with them all, he got the eldest of them with child, afterwards he would haue chosen the second, where­vnto the neighbour opposed himselfe, saying:

THou vngracious man, how darest thou imagin such a wickednesse? Or once behold me in the face, hauing ben so treacherous and mis­chieuous to abuse that familiaritie, which was granted vnto thee in signe of reconciliation, vnder the which thou hast more harmed me in protesting thy selfe to be my friend, then all thy weake forces had ben [Page 133] able to hurt me if thou hadst continued my mortall e­nemie. O God is it possible that men may be so wicked, That what they cannot doe by force, they accomplish vnder the cloake of an honest friendship? but why say I freindship, When that is the greatest benefit that God hath giuen for the vse of man, without the which, this life should be full of bitternesse and sorrow? But let vs come vnto the matter: did not you make your choise, when you had carnall copulation with my daughter? Is not that the consummation of marriage? Truly yes, they were all three promised vnto you, but in lying with this you haue had your choise, and it is not verie likely that she would otherwise haue consented there­vnto; but you breaking promise with her, would by that means be reuenged of me for all former enemities: but if it be so, that an ancient hatred preuaileth more with you then a new friendship? I doe beseech you most worthie iudges, that he may be punished, which hath suborned, seduced, and abused hir that is his wiues sister, for by our agreement, he is bound to take one of the three: moreouer let him be punished, which hath so greeuously offended his father in law, his mother in law, and his sisters in law, and finally (contemning laws and all honestie) hath slandered the Commonwealth.

Declamation. 23.

TWo men were owners together of one house, one of them dwelled in the lower part, and the other in the higher part thereof: he which dwelt be­neath committed an offence, for the which the law commanded that his dwelling should bee pulled down: but he which dwelled aboue, withstood it, saying:

TRue it is that this house is ours in common, and for his part he dwelt in the lower part thereof, but what haue I to doe with his fault, that for the same my dwelling ought to be harmed, seeing that I haue not offended the law in anie sort? What is he [Page 136] that doth not very well vnderstand, that in pulling downe the nether part of an house, the vpper part ther­of falleth of it selfe, as being without foundation, or an vnprofitable mansion? I will not disobey the law, the which although it be to be obserued, yet is it not for all that to be vsed with the extreamest rigor, for the text of the most part of the law is briefe, but it may be well enlarged by the gloses, and those which tend more vn­to pittie then rigor, ought to be allowed, and especiallie in fauour of them which are not faultie, in hurting of whom it is meere iniustice; which is a thing more iniu­rious, then not to punish the offender at all: for if it be lawfull to preferre mercie before iustice, how much more then ought we to vse clemencie rather then cru­eltie; As this would bee, to take away the dwelling place from a poore innocent familie such as mine is? It must be considered that this law was made for strong houses, wherein the malefactors might make resistance, but throwing downe such an house as is onely fit for dwelling, you not onlie wrong me & mine, but also the neighbors of the whole street, yea and the whole cittie besides, in leauing a void place in a chief street, amongst so manie houses, the which will serue but for a lurking place for theeues, and other wicked people that walke by night: wherefore if the extreamest rigour must bee showne, that a part of the house must be pulled downe, let it be the vppermost part, and leaue the lower roome for a recompence vnto me; although it be somewhat to my preiudice, to change the wholsomest part for that which is cold and moist: moreouer to speake the truth, it cannot be well said, which part was iustly his, seeing the house fel in partition, or in common vnto vs both a­like. It is true also that the same part which you will pull [Page 137] downe, fell vnto him by lot, and so did mine likewise vnto me, seeing then that the offender cannot be har­med, except he that is innocent be hurt, it were better either to spare the one for the others sake, rather then to hurt him that neuer offended; or at the least to doe as I haue said, and make a change, that the faultlesse be not altogether vndone.

Declamation. 24.

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 [Page 140] 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 [Page 141] 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.

Declamation. 25.

A King sent his Lieutenant Generall to the warres, with an expresse charge not to giue any Generall battaile without he did first aduertise his Maiestie thereof. It happened that occasion offered such an aduantage, that the said Lieutenant (notwithstanding the Kings comman­dement) did fight a battaile: but as the wars are casuall, and that oftentimes fortune crosseth the ver­tuous, so he lost the said battaile, and presently afterwards hee sent a post vnto the king to tell him that such an occasion was offered vnto him to giue the battaile, as was greatly vnto his aduantage, and declared such apparent reasons, as the Prince appointed that the battaile should be giuen, then the messenger said: If it like your Maiestie the battaile hath ben giuen with all such order and policie as was requisit, notwithstanding wee haue lost the field: The King being exceeding angrie, caused the messenger to be hanged, and the Lieutenant Generall to bee taken and condemned him to death, who appealed, defending his cause thus:

IN vaine doe Princes send those vnto the wars, whose hands they keepe tied, and trulie it may be said that I was sent in such sort: Neuerthelesse, seeing the likeli­hood of a profitable victorie, to finish the wars to the [Page 145] great honor and commoditie of my Prince and coun­trie, the band of his commaundement vnlosed of it selfe, and leauing me at my libertie, I did my best, al­though fortune enemy to vertue so wrought against vs, as the effect prooued not according to the likelihood of the deed, and the desire of the doer, but what shall I say? That I can do what men may doe onlie, fight a bat­taile, but God alone must giue the victorie: The which oftentimes either he delaieth or suffereth it whollie to be lost for the sinnes of the people, when God seeth that their pride and other vices are not yet left: moreo­uer, it happeneth manie times that God will punish the insolencie of the souldiors, vsing the enemies as instru­ments of his iustice; Was not the battaile lost by the children of Israell before Hai, onlie for the theft of A­chan? Was not also the whole host troubled, and Iona­thas in danger of death because he had tasted a little ho­nie? With a number of other examples which I ouer­passe because I will not be tedious. Alas how hard are mens actions to be effected, without his great danger that imploieth himself therein? And principallie when the iudgement of the performance thereof dependeth vpon one mans voice onely? Wherefore O Prince I say, that you alone cannot iudge me, much lesse con­demne me, except you doe it of your owne absolute authoritie, which vndoubtedly were manifest tirannie, the which I thinke you doe verie much abhorre: consi­dering that you alone cannot be a head without mem­bers, and that in this deed of mine the members are al­so interressed, that is to say, if I haue offended, they are to punish me, and not hauing offended, they ought to preserue me, to performe some good seruice: for it is a matter of no small importance for them to saue or lose [Page 146] such a man, whom you haue thought worthie to be the onlie Generall of your wars: and I doubt whether you alone may make a decree that I shall not fight, except also you your selfe may command me to doe it: for see­ing the losse is more hurtfull vnto the people, then to the Prince, wherefore ought he to be the onlie iudge of a deed, wherein the Generall profit, or losse of the comminaltie consisteth? For bee it losse or gaine, the people must maintaine the Princes estate, and especial­ly when they lose most, then are they most of all burthe­ned with imposts and lendings, to resist the enemie, and to satisfie the Princes pleasure: wherevpon it may be in­ferred that if I haue offended, it is more to the preiu­dice of the people then the Prince: notwithstanding I am content to submit my selfe vnto their iudgement, trusting that they will haue no lesse respect to the serui­ces which heretofore I haue done, and to those which hereafter I may yet doe, then vnto the good meaning that I had to performe this last seruice well, although God (it may be for a greater good) would not suffer me to haue the victorie, being as likely as it was desired.

Declamation 26.

[Page 149] A Iudge (vpon some likelihood) caused two men suspected of murther to be racked: they con­fesse the fact, and are put to death. Some cer­taine time after their execution, he which was supposed to be murthered returned home: wher­vpon the kinsmen of those that were executed accused the iudge, saying:

ALasse how miserable is that Commonwealth, where those that ought to administer iustice, and defend the innocents, doe (in steed of protecting them frō danger) put them to a most shame­full death: which trulie proceedeth by the admitting of cruell and bloodie men to the seat of iustice: who besides their wicked nature, being accustomed to this vice, would make vs to beleeue that iustice (which ought to be the twinne sister vnto mercie) consisteth in nothing but in barbarous crueltie: such a man is this our worthie iudge, who vnder the coulor of I know not what likelihood, because he would not seeme to be idle, hath tortured and tormēted two poore innocents in such sort, that to escape from his hands, they haue thought it a lesse hurt, to die by the hands of the hang­man, then to remaine anie more at the discretion of such a iudge. Surelie it were better to pardon two male­factors, then to put to death one innocent; but this man hath rather cause two innocents to die, then he himselfe would not be an offender. The ioints of euery righteous iudge ought to tremble, the hairs of his head to stand vpright for feare, yea, & the heart to faint when he thinketh, that by the authoritie of his voice (al­though neuer so iust) one like vnto himself, (nay more) [Page 150] resembling the image of God, should be put to death? Seeing the fault for which he dieth cannot be recom­penced; wherefore Nero (who was accounted a mon­ster for crueltie) had yet a kind of horror, when he sig­ned anie sentence of death. You will saie that they are put to death to terrifie others that are wickedlie min­ded. I confesse it, but the same ought to bee done vnto offenders. Alasse, if this iudge had beene as carefull to haue sifted out the truth (which at the last by time is now brought to light) as he hath ben cruel to torment, and readie to execute these poore innocents, neither had they died so shamefullie, nor he liued to haue been charged for the crime of their death: but who may henceforth beleeue that the verie wicked ones can be rightlie iudged, when the good haue beene so wilfullie cast away? Doe so much then O you rightful iudges, that this vniust iudge may be no more neither of your number, nor of the number of men, vnlesse you will all be partakers both of his crime and of his dishonor.

Declamation. 27.

IT happened that in the countrie of the Switzers a certaine countrieman being got vpon the top of his house to see what reparation was wanting, fell downe by mischance vpon another man who hap­pened to walke vnder the same house, & with his fall he slew him, but himselfe e­scaped. The son of the dead man caused the other to be impriso­ned, and required that he might be put to death according to the law, which saith, that euerie mankiller ought to die, and he would not take anie other amends or satisfaction: the iudge of that place seeing his most cruell obstinacie gaue sentence, that the said plaintife should ascend vp to the top of the same house, and throwing himselfe downe vpon the defendant, should kill him if he could. The plaintife appealing before the Seignorie of Berne saith.

[Page 153] MY lords I beseech you to consider what men our iudges are, who in steed of doing iustice for the death of one of your subiects, will fur­ther ad therevnto the death of another, or at the least compell him with the danger of his life to be the executioner of himselfe, or of another, or it may be of both twaine together, which is a thing most abho­minable, and against all reason. Who hath euer heard that the punishment of a murtherer hath ben executed in this sort? And that there was euer anie honest man that on a suddaine was commanded to play the hang­man and to performe an execution so strange? They say that he fell downe by mischance: as for me I thinke that he did willinglie throw himselfe downe vpon ma­lice, for els hee would at the least haue giuen warning vnto all men (as his dutie was) that he meant to goe vp to the top of his house, that they might haue taken heed of anie inconuenience that might chance as wel by the falling of the tiles, as of the like of this that now is hap­pened: but if it were true that hee fell by mischance, why should not he haue beene slaine as well as my fa­ther? Consider my lords that the malice of men was neuer so great as at this day it is, and that they deui [...]e manie means how they may hurt one another: and e­speciallie those in whom malice is rooted, which is ne­uer showne but when it maie doe most hurt.

Declamation. 28.

A Certaine man caused his wiues chastitie to bee tempted by his seruant, that was hoth faire and yoong, who was many times so importunate with her, that at the length her husband (being hid­den in the garden) did heare how she promised vnto her fained louer, that she would yeeld vnto his desire, the first time that her said husband should ride into the countrie. Wherevpon he accused her to be an adulteresse, and would haue put her away, saying:

NOt in vaine doth Salomon say, that a vertuous wo­man is a crowne vnto her husband, but she that be­haueth her self dishonestly is a corruption in his bones: Alasse I did suppose that I had had a vertuous wife, but she proueth quite contrarie, wherfore I am constrained to forsake her, although the wife ought to be no other, then the better part of the husband so long as she is knowne to be honest, but if she be otherwise, reason willeth him to make no longer account of her, for mar­riage being a figure of God and his church, it ought to be altogether pure and immaculat: moreouer the man and the woman by this means ought to be as the soule and bodie, which cannot be seperated but by death: but finallie I know to my great discredit, that he which taketh a wife is assured of a great danger, seeing that [Page 156] mine without anie occasion (hauing whatsoeuer a wo­man of her degree might desire) hath giuen her selfe ouer vnto such a one as was euen but my seruant: what should not then some noble or worthie man haue ob­tained at her hands if he had likewise tried her: but she not being courted by anie other, yeelded vnto the first, as also because all lasciuious women do very well know that such men as liue without care are best able to satis­fie their lust, which is the onlie cause that they doe ra­ther frequent the companie of Lackies and Monkes who are fed without anie care or cost of their own: but what a foole am I to complaine, and say that this is the first offence, seeing that this perchance is not the hun­dreth man that hath obtained whatsoeuer he required of her, for commonlie manie faults are committed be­fore that one be espied: but when one is disclosed, it constraineth a man to be suspitious of many more: and that woman may well be tearmed shamelesse, which suffereth her tongue to promise the performance of such a villanie: especiallie seeing those that are most im­pudent, desire that men should thinke that they are not lightlie to be wone, but that with much courting, large offers, and round rewards, they are rather inforced to yeeld, then vpon no consideration at all to promise a victorie. I maruaile much why anie woman can for shame liue to shew her face, when she her selfe by her owne tongue condemneth her reputation: O an hun­dredfold miserable are they, that for so fraile a solace doe buy a perpetuall sorrow: but what goodnesse can there be in that woman which hath lost her chastetie? The which was well knowne of Susanna, Lucrece, and the Grecian Hippo who did leape into the sea, chusing there to die rather then she would lose her chastitie, be­sides [Page 157] manie others, who ought to serue for an example vnto our matrons, but they had rather imitate Flora, Thais, and Lamia, wherefore as they doe deserue to be heires of their vice, so likewise ought they to inherite the same renoune: as for me I am sure if I doe remaine anie longer with this woman, that not onlie my goods and credit, but also my bodie and soule shall be in dan­ger of losing, for such as are harlots do steale from their husbands to giue their companions, and sometimes they make them their husbands murtherers, at such a time when as soule and bodie do both perish together: to preuent so great a mischiefe (I speake to you my mai­sters that are her kinsmen) I know not what your kins­woman was when you gaue her to me, but I am verie sure that I redeliuer her vnto you a most dishonest wo­man, wherefore I do but my dutie in putting her away, seeing that Caesar did put away his wife, because hee found Claudius in his house apparelled like a woman at such time as the women were about their sacrifice, and not knowing whether hee meant to haue defiled his wife, he only alleaged this for all his reason: It behoo­ueth (saith he) the wife of Caesar to be as free from suspi­tion, as she ought to be from fault: receiue then your kinswoman charged with an euident crime.

Declamation. 29.

A Man making his last Will and testa­ment, left all his goods vnto two of his sonnes lawfully begotten, vpon condition that they should giue a thousand crowns vnto his bastard. Now it chanced that during the funerals, the house, and the most of the best stuffe therein was bur­ned, so that the remainder of all the goods and mooueables that were left, amounted not to three thousand crowns: Neuerthelesse the bastard demandeth a thou­sand thereof, the eldest sonne consented, the yoonger resisted it, saying:

VVHat reason is there to giue a greater portion vnto a bastard, then is left for the lawfull children? Seeing the mischance that is hap­pened, moreouer it is to be doubted whether our fa­ther might or ought to make a will in such sort, seeing [Page 160] that reason bindeth the fathers so soone as they haue children, to beleeue that they (being no other then true administrators of their goods) ought to leaue them vn­to their children, at the least in such quantitie as they haue receiued them from their fathers: but let vs in­quire of this claiming bastard, (that with so great in­stance demandeth the accomplishment of our fathers last Will) that if he had bequeathed him an hundred blowes with a staffe, whether he would willinglie re­ceiue them? I beleeue he would not: or if he had im­posed him to doe some great pennance for him, or to accomplish some great vow or pilgrimage, a man shold then haue seene how readie he would be to performe it: but for the most part it is a custome that those which haue stood the dead in no stead, except it be to discre­dit them, will neuerthelesse desire the best part of their goods, before those that haue better deserued them: but what is he? Vnlesse he bee such a one as he saith; That is, a manifest witnesse of our fathers shame: and if he be not such a one, what is that which he requireth, and wherfore doth he claime it? Especiallie seeing that such a mischance is happened, as the best part of our goods is lost before that anie part of the Testament could be performed. As for my brother, if he will giue away his goods, I will not hinder him, but I will keepe mine if I can: and the rather, because that if the worst doe happen, yet cannot he claime anie further part in our goods but onlie such a reasonable portion, accor­ding to the value of it now (considering our losse) as may proportionablie answere the value of that which it was worth at the same time when the Wil was made; and yet if I doe bestow this liberalitie vpon him, it is for the loue of our late deceassed father, and not for his owne sake.

Declamation. 30.

WHilest the Knights were yet remaining in Rhodes, a certaine knight amongst them gaue ouer his charge vnto the great maister of that order, and by vertue of a dispensation did be­troth himselfe vnto a yong gentlewoman: but vpon the marriage day he vnderstood that she was his cous [...] Germaine, whereupon he leauing her, requireth to be receaued againe into the order of the knights, and that his charge might be restored vnto him, but the great maister hauing al­readie bestowed the same, denied him both the one and the o­ther, saying:

[Page 163] IT is verie vnseemely for a wiseman to say, I thought not vpon anie such, or the like mat­ter: for a discreet man should diligently fore­see all things before he determine anie thing, and trulie he that is not wise and very discreet, deser­ueth not to be a knight, much les a knight of this order, and a commander, seeing no knights are more worthy then they; because they keepe euen the very key of Christendome. Wherefore you must not thinke (gen­tleman) that the forsaking, and receiuing againe into this holie order of our knighthood, is so easie to bee done as it is in the courts of some Prince, where for the most part, it is sufficient if they be but only knights in name, or as it is commonly said, dubbed but with a Virgin sword: for in our order aboue all thinges, con­stancie ioined with prudence and discretion is requi­sit, so that finding none of these three to remain in you, I cannot deeme you worthy to enter into this order, & much lesse to repossesse a place of command: but it may be that this presumption of yours proceedeth because you were ouer easily admitted at the first; know then that it was vpon the hope, that being yoong, and fre­quenting the companie of ancient knights, you might easily imitate their valor, wherein you shewing some likelihood there was a commanders place bestowed vpon you to incourage you therein altogether, but you haue greatly deceiued our hope, when without anie consideration at all you haue giuen ouer so great a cre­dit and honor, to wed such a one with whome you had no acquaintaince at all: is there anie follie more great then to leaue a certaintie for an incertaintie? If you committed this fault because you were in loue with [Page 164] the gentlewoman, you condemne your selfe to be vo­luptuous, and so consequently vnworthie of our Or­der, where you haue made a vow of chastitie, which is maintained by the exercise of the bodie, and by [...]a­sting: wherefore S. Barnard said well vnto his Monks; Eat you so sparingly, that the remembrance of bread may be rather in your mind, then the desire of lust: by this meanes the good knights doe harden themselues and learne to suffer constantly the extremitie of a siege or of a long sea voiage. If you haue done it through ambition, you are as little excusable, Because that am­bition is like vnto a fire which burneth all before it, and neuer dieth so long as anie thing remaineth to main­tain it: and also because it iudgeth all things to be law­full; our order can neuer put anie trust in you; or if you haue forsaken the order because you make no great account of it, You will neuer doe anie good for it: You may answere that the good is sildome knowne be­fore it be lost, I replie vnto you that they which nei­ther doe know, nor haue knowne what is good, and therefore haue suffered it to be lost, deserue in no sort to haue it againe: therefore it is your best way to pur­chase it by some other means. Doe you say that your felicitie depended only vpon this marriage? Then af­terwards seeing you could not accomplish it, you wold require againe that which you haue forsaken, without anie other reason: you know that our profession is to war against the Turke, wherefore the onely meanes to reobtaine that which you demand of vs, is to imploy your selfe in such sort against our enemie, as we may know the same valor, discretion, prudence, & constan­cie to be remaining in you, which hetherto you haue not showne: then forgetting all former faults, we shall [Page 165] imagine how we may honor and reward you again, as already we haue done, vpon hope that you should haue ben such a one as you ought, and yet may if you ende­uour your selfe so to be.

Declamation. 31.

A Certaine nation receaued one to be their prince, who maketh an oath, that he will maintaine them in all their priuiledges, rights, and cu­stomes: It happened that the iudge appointed by the same Prince would haue caused a murthe­rer [Page 167] to be hanged: the kinsmen of the malefactor doe proue by their priuiledges, that he might redeeme his life for three thou­sand crownes: the iudge caused him to be hanged, and paied himselfe three thousand crownes for hauing put him to death; his kindred appeale vnto the Prince, and say:

MOst mightie and iust Prince, the renowne of your equitie hath incited vs to become your most loiall, most louing, most humble, & most faithfull subiects, and to chuse you for our so­ueraigne Prince, and most redoubted lord: whereby this good is happened vnto vs, that we haue alwaies found in you such iustice and bountie as is requisite; as also your Maiestie shall euer find in vs all dutifull obe­dience: but what shall we saie? Seeing that this happi­nesse of your good meaning, is abused by the malice of your ministers, and especiallie by the chiefest, which is hee that ought to administer vnto vs iustice in your behalfe, and to haue a respect that wee maie bee main­tained in our rights, priuiledges, and customes, accor­ding as it hath pleased your Maiestie to take your oath: but he which is our iudge hath had iustice in derision, and vnder the shaddow thereof hath committed cruel­tie, for hauing condemned one of our Citizens to die for a manslaughter, wee shewed him that which he ought not to be ignorant of, that is to saie, how our pri­uiledges doe permit that such a trespasse maie be satisfi­ed with the paiment of three thousand crowns, applia­ble according to the ordināces in such cases prouided, whervpon he hath therby taken an occasion to put one of our Citizens to an ignominious death, to the great dishonor of all his linage, saieng that he shall be acqui­ted in paieng the said forfeit; as if there were no diffe­rence [Page 168] betweene the killing of a man in cold blood, through a certaine malice or contempt (especiallie in derision of iustice of the Commonwealth, and of the lawes and priuiledges therof, to cause one die shame­fullie▪ and cruelly by the hands of an hangman) and the flaying of ones enemie, by whom a man is prouoked therevnto through some wrong, or other iust cause of malice. But wherein you vniust iudge had this our Citi­zen offended you? Seeing that you haue no part in the Commonwealth, but like an hired seruant in a house, you are to abide therein onelie the appointed time of your office, which is giuen vnto you not to abolish our priuiledges, but to maintaine them: all the other Citi­zens were more interessed in this fact then you, and ne­uethelesse you alone haue beene desirous of reuenge; trulie crueltie becommeth no man, but it is most odi­ous in Princes and Iudges, more then in anie others: seeing that our Prince is altogether free from this vice, ought not you to follow his example? Or at the least you ought not to haue erred from the same so reproch­fullie. If too sharpe and rigorous laws are made more to terrifie men then to destroie them, wherefore haue you rather desired to aggrauate our lawes then to per­forme them? Who hath made you more wise then our Ancestors, who haue inuented this priuiledge for the conseruation of the Citizens? Doe you not know that iustice without mercie is iniustice? How great crueltie is it then, to turne mercie into rigor? Most vniust is the sentence which preuenteth iudgement, and such hath yours ben, for crueltie depriued you of all iudgement when you pronounced the same. Doe you not know that whilest you iudge other men, God iudgeth you? How would you doe then if hee should iudge you ac­cording [Page 169] to your your deserts? But who hath mooued you to commit this new crueltie? Doe you not know that all innouation of laws & customes is no lesse dan­gerous then scandalous? To conclude, you haue of­fended the Prince in resisting of his oath, and wronged his subiects in breaking their pruiledges: both the one and the other offence deserueth death: wherevpon we beseech you (most righteous Prince) that he which hath contemned your authoritie, iustice, and our priui­ledges, may bee punished, that all the Iudges hereafter may thereby take an example; Seeing that if our ene­mies had not giuen him the monie, he would neuer haue purchased at so great a charge, an vnlawful means to exercise his crueltie against your subiect, and our priuiledges.

Declamation. 32.

IT is the custome of a certaine people that the men of warre doe chuse the King. It happeneth that the said King doth lead his men vnto the warres, where all his souldiors are ouerthrowne, onely he with a verie small number escaped, so that the Citizens and people are constrained to take arms to defend them from the conquerors, and the better to performe the same, they would chuse another king: but the foresaid king resisteth them, saying:

[Page 172] AS there is but one onelie God in heauen, and one sunne to lighten the world, so likewise cannot you haue two kings ouer you, neither yet can you depose or change your king at your plea­sure: for the power of kings commeth of God, which holdeth their hearts in his hand: how dare you then but onlie thinke such a wickednesse as to be desirous to change or depose him who is annointed and chosen of God to raigne ouer you? Did not Dauid put him to death which made his boast that he had slaine Saule? And although that Dauid were already annointed king of Israell, yet was king Saule not deposed vntill his death. You saie that I haue gouerned the warres ill, I denie it: for I went thether my selfe, and neither wan­ting valor nor skil, I did valiantlie fight to the great en­dangering of mine owne person. I haue not neglected my dutie in fighting, but God hath giuen the victorie to the enemies: wherefore would God haue preserued me from so great a danger, vnlesse it were to manifest the especiall care that he hath ouer kings, and that it were his pleasure that I should yet raigne ouer you? And not another? How dare you then imagine to change him whom he hath first giuen vnto you, and then afterwards so miraculouslie preserued? If you stand in doubt whether I deserue the dignitie or not, the electiue voices of so manie valiant men, which haue onlie iudged me aboue all the rest of this realme for the worthiest to be your king, ought to assure you thereof: but as hope dooth torment mens hearts no lesse then feare and other passions, so some of you ho­ping to attaine vnto the kinglie dignitie, haue not the patience to stay vntill it be void by my death whereby [Page 173] it plainlie appeareth, that couetousnesse neuer iudgeth anie thing to be vnlawfull: the people haue nothing to doe to depose their king, but God by depriuing him of life, who by his grace, and for your good, hath been pleased to saue me: will you then contradict his will? But although I had for want of skill beene the cause of our losse, will you saie that you must needs chuse ano­ther, that maie doe as much or worse? He which hath once done amisse, may when he beginneth again make amends, but thankes be to God as I want not experi­ence, so haue I not failed to doe that which was requi­sit, but it may be it was our sinnes that haue prouoked Gods wrath against vs, who by our contrition and a­mendment of life is first to be appeased, then he being mercifull vnto vs, we shall not onlie be reuenged of our enemies, but he will also giue vs power to subdue those that would oppresse vs: yet that this shall be done vn­der any other thē I, whilst I liue, I hope that good God will neuer suffer it, seeing that to determine but such a matter were to heape sin vpon sin.

Declamation. 33.

[Page 176] THe Athenians did owe sixe hundred thousand talents of pure siluer vnto the Thebans. It chanced that Alexander did by force of Armes take the cittie of Thebes, and amongst other riches hee found the Athenians obligation, (wher­with to gratifie the said debtors, he resto­red it vnto them: but after the death of Alexander, the The­bans demanded the said summe of the Athenians, who aun­swered, That seeing they had recouered their obligation, they were not in anie sort indebted vnto them; with these reasons hereafter ensuing.

YOu saie worthie Thebans that wee doe owe you sixe hundred thousand talents, the proofe thereof is verie hard, seeing that it is well knowne of old, that you neuer lent anie such summes without good assurance, and taking sufficient bands of the debtors: shew vs then if you haue anie bond of ours, and then we shall thinke vpon the meanes to satisfie it. You saie we had one, but Alexander tooke it from vs, and resto­red it to you: if it be so, consider what he was that took it from you, and redeliuered it vnto vs, was it not Alex­ander sent from the gods, not onlie to subdue you and vs, but almost al the world? At that time, were not your goods onlie in his power, but also your liues? Do you greeue that a part is lacking, seeing that the whole might as well haue ben lost? Doe you not know that he came to leaue you what he thought good, and to take from you that which he knew to bee superfluous? Seeing that superfluitie is not onelie troublesome and painefull, but also hurtfull: for inciting the hearts of [Page 175] such as possesse it vnto pride and insolencie, it is often­times the cause of their miserie: in like sort such is the iudgement of the gods, that they which haue flocked together to afflict manie, should afterwards be afflicted themselues by one alone, and all that which they haue in manie yeares purloined from others, should after­wards in one daie be takē away from them by the same man: in like manner hath it befallen you noble The­bans euen as you saie: Alexander hath taken away our obligation from you, to restore it to vs, it is the will of the gods, who in processe of time haue wrought such alterations, wherfore it may so fall out in time to come, that you (owing vnto vs so much siluer) or more, you may likewise paie vs after the same sort. That wee are quit from you it cannot be denied, seeing that you haue no bond of ours: for to what end are bonds made but to compell such as will not paie? Constraine vs then by our obligation to paie you, or ceasse from deman­ding anie thing of vs: but although it were so as you saie, that Alexander had yeelded vp our obligation, what doe you know whether wee haue paied it vnto him; Who then was Lord not onlie of your gooods, but also of your liues? If we haue paied it him, why should we paie it againe? And if he haue liberallie be­stowed it vpon vs, We haue both thanked him, and are also yet beholding vnto his posteritie, yea, vnto his ashes for the same, why would you, or how can you thē bind vs twice for one onlie debt? That cannot be don Thebans, wherefore it shall bee but well that you sur­ceasse to importune vs anie further: considering that those which wearie others, take small rest themselues, and especiallie, that labour is lost which profiteth no­thing at all; as yours hath been and alwaies wil be con­cerning [Page 176] this matter, and although you take herein what course you shall thinke most expedient, yet you must beleeue that wee are able to yeeld you a reason for anie thing that you shall demand at our hand: but see that you remember this; that he which de sireth to molest a­nother, doth oftentimes worke his owne ouerthrow.

Declamation. 34.

[Page 179] A Man accuseth another for an offence, the par­tie accused dieth in prison whilest the informa­tions are in making, the accuser cannot suffici­ently prooue his accusation. Wherevpon the kin­dred of the accused doe require to haue the accu­ser punished with such punishment as the crime deserued, wher­with he accused the other. And they say:

TRulie the weakenesse of man is such, as euerie one esteemeth his owne miserie more great, and lamentable then he doth another mans: but what is he which can saie that we passe the bounds of reason, when we saie that this our kinsman deceassed, is wor­thie to be greatlie lamented; And that he which is the cause of his death deserueth most seuere punishment? seeing that he hath not onlie abridged his daies, but that which is worse, hath endeuoured to cause him to die most shamefullie; especiallie to the great preiudice of his poore familie, and all his linage: and his purpose hath not failed in anie sort, seeing that the poore man is dead in prison, although he neuer once deserued to come into the same. And it is not to be thought a smal matter to imprison a man, seeing that in Athens those which died in prison could neuer be buried in the se­pulchre of their ancestors: as if they would thereby inferre, that they which died in such a place, might stain the tombes of those that died with honor and reputa­tion of vertue: and the same custome is yet vsed in sun­drie most famous citties, as amongst others at Paris, the chiefe cittie of France, where they doe obserue this law, that he which but for debt onlie passeth the wicket of a prison, shall neuer after be capable of anie office or [Page 180] other publicke promotion: how much more then for suspition of crime? There is nothing more apparent, then that this poore man seeing himselfe in such dis­grace, died euen for verie greefe; & the wicked wretch that hath accused him is yet liuing in health: but let vs see what likelihood there is in his accusation, seeing that yet after the death of the accused he cannot proue his saieng? I maie therefore now saie, that he could not be suffered to alleage anie reasons for his own defence neither might take anie acceptions against the witnes­ses, nor yet be allowed openlie to prooue his innocen­cie, but with the least suspition that might be he should haue ben constrained to abide the sentence of condem­nation. Be you assured, O you righteous Iudges, That this accusation proceedeth by the instigation of diuers malicious persons, who if need had ben would likewise haue serued for witnesses against him: but their malice or ill will ending by the death of this miserable man, they doe also forsake this vngracious fellow in his grea­test need. Such is the iust iudgement of God that the wicked doe oftentimes perish euen by their owne wic­kednesse: but for all that, their offence is not anie whit diminished, neither is this poore dead man alone, but his distressed widdow, children, and all his kindred (vn­to whom he was a true friend) anie lot the lesse har­med: wherfore it maie well be said that this lewd for­ger of vntroths, hath murthered both this man here, and ouerthrowne the others: yea and some are yet like­lie to die for want of his life that now is dead: I meane the poore children, and the miserable widdow. Then what gibet, what sword, what halter, what wheele, or what torments are sufficient to punish thorowlie this execrable wretch, which is the cause of so manie mis­chiefes? [Page 181] For first he hath gone about to prosecute his death, and next he hath indeuoured to defame him: a­las he is dead, and reputed for infamous by those which haue heard his accusation, and not afterwards knowne his innocencie: but manie seeing him no more, will yet thinke that there was fauour shewed him in causing him to die in prison as a malefactor, vnlesse this abho­minable fellow as a publicke spectacle, doe not possesse the same place whereunto he pretended by his false ac­cusation to bring the innocent: consider then you iust Iudges as well the miserie of the dead and his allies, as the execrable iniquitie of the false accuser, and doe you gaine as much fauor at the hands of God, and praise in the world by your iust iudgement, as he hath gotten sin and infamie by his wickednesse.

Declamation. 35.

[Page 183] 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 [Page 184] 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 mā 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.

Declamation. 36.

[Page 186] THe law saith, that if anie man take his wife in adulterie, hee may kill them both and not offend the law. Wherevpon it chanced that a noble Senator named Milciades a man of honest reputation, was through malice accused for some of­fence, and condemned to a great fine of monie, so as not hauing wherewith to pay the same, hee was im­prisoned and there dieth: and because the law commanded that those which died in prison should not be buried els where but in the same prison, vnlesse anie man paied his debts: Simon the sonne of the deceassed Milciades, yeelded himselfe a prisoner in his fathers place, to the end that hee might bee buried with his ancestors. Hee remaining in that sort a prisoner without anie means or hope euer to come foorth, one named Callies a man verie rich, but of bad reputation, offered to pay his debt, and to make him his heire if he would take his only daughter in mar­riage; Simon consented thervnto, he was deliuered, and mar­ried with the daughter of Callias: within a while after hee tooke her in adulterie, he therefore causeth Callias to be called, who intreateth for his daughter that could not denie her fault. Simon slew her in the presence of Callias, who afterwards a­cused him of ingratitude, which amongst the Athenians was a punishable vice.

Declamation. 37.

TWo brethren are enemies; the one hath a sonne, the other hath no children, neuerthe lesse by mis­fortune he becommeth poore, his nephew taketh his fathers goods secretly, and releiueth his oun­cle therewith, the father perceiueth it, and for­biddeth him to doe so any more, yet he ceassing not from relee­uing him, his father disheriteth him, and driues him out of his house, he goeth vnto his poore ouncle, who adopteth him for his [Page 190] son, and at the last chansing by succession to be wealthie, he ma­keth him his heire. In the mean season the other brother falleth likewise into pouertie, whervpon his sonne doth secretly sustaine him with his ouncles or his adopted fathers goods, who like­wise forbiddeth him, and lastly driueth him away and disheri­teth him for the same cause, wherevnto the nephew opposeth him, saying:

YOu cannot disherit me for the same reason which hath induced you to adopt me, for if it were well done to sustaine you, it is yet a better deed to suc­cour my father. Charitie is commendable towards all men, wherefore then would you alone vsurpe it? the more miserable that a man is, the more requisite it is to be charitable vnto him, how much more then vnto him that is inforced to hope, and expect for releefe at his e­nemies house, by the meanes of such a one whom he hath driuen from him. You say that heretofore he for­sooke me. I answere that the example of another man his vice, is no excuse but a great error: do you not know that euerie prosperitie is vncertaine? What is he that hauing seene Marius lying by the sea side vpon the reeds, would euer haue beleeued that he had ben Con­sull of Rome, or that euer he should so be again? What? doe you thinke that he which is most happie, need not to stand in doubt, and that he neuer may hope to be vn­fortunate? Your selfe serues for an example of the con­trarie: consider then that he which beggeth reliefe of you is your brother, which hath craued of his brother, receiueth it by the hands of his sonne, which is he that taketh naught of yours, but of the inheritance which you haue alreadie giuen vnto him; it is your nephew or adopted sonne which giueth, because he will not suffer [Page 191] his owne father to perish with hunger, and by that means be adiudged vnworthie of your adoption. I doe not ouerthrow you, but I feed one onlie old man, and I am vnto you in steed of manie seruants. All the world should perish if wrath were not by mercie appeased. I am the onelie sonne which is alwaies tossed betweene two fathers, and still forsaken of the richest, but I take God to witnesse, that leauing you rich, I will depart vn­to the dores of another, shewing vnto euery one him, for whom you disherit me; although I cannot be dishe­rited, for hauing done that whereunto the law both bound me and also constrained me, what a matter were it if you should forbid me to weepe when I see a man in miserie? Our affections are not in our owne power. Manie lawes and customes vnwritten, are farre more certaine then those which are, of which the law of na­ture is most infallible.

Declamation. 38.

THe law amongst the Grecians was, that whosoeuer committed any sacriledge, should haue his hands cut off: Whervp­on it happened that the Elians required and intreated the Athenians to lend vnto them Phidias their grauer or car­uer of Images, a man most excellent in that art: whom they did lend vnto the said Elians to make an image of Iupiter Olimpus, vpon a condition that they should restore Phidias againe vnto them, or one hundred talents (which are threescore thousand crownes) for him: the image being made, the Elians doe pay Phidias his wages, and after­wards affirming that he hath stolen gold forth of the temple, they cut off both his hands, it may be through malice, because he should neuer make anie image so faire againe, and so they send him so maimed home againe vnto Athens, saying that they are quit of their promise; but the Athenians demand the hundred talents, and say:

WE can no more bee serued by Phidias in anie sort, for he was onlie able to manifest his wor­thinesse, so long as one might see his workes: when he went vnto you he had hands, whereby hee made the Image of Iupiter, it is you that haue commit­ted [Page 193] sacriledge in cutting off his holie hands, your god was the first that did behold the innocent blood of this workman, wherefore he shall be a witnesse against you all: alasse poore Phidias some men are releeued by their cunning and skill in their miseries, but they haue beene the causers of thy miserie. Doe you thinke that we doe account him to bee receiued being without hands, whom you did require of vs because of his hands? We hauing lent you such a one as could make gods, you do restore vs such a one as is not able onlie to worship thē; Are you not ashamed to offend Iupiter with such sacri­ledge? It is the man indeed: but the workman is lost, you doe not restore Phidias at all, but a continual griefe, and a desire to haue him, a greefe to haue him as hee is, and a desire to haue him as he was; his hands which were woont to make the gods, cannot now bee held vp to intreat men. Alacke Iupiter was so rare a peece of worke, as the Elians were desirous it should be the last, to the end that they might gaine that glorie to haue the last and chiefest worke that euer Phidias made: wee lent you the hands, we require the hands againe. You make your selues accusers, witnesses, and iudges, wher­by your falshood is knowne, for it is not like to be true that he (who neither was couetous nor tooke pleasure in anie thing but in his art, wherewith hee gained more then he would) should be a theefe: moreouer, he which made the gods would haue disdained to steale that which was hallowed vnto them, wherefore we do call those gods which Phidias hath made, and those whome he might yet haue made, against you; vnlesse you satisfie the contract: for we will confesse that we haue receiued Phidias, if anie do sweare that we may be serued by him, and you cannot denie but that you haue deceiued vs, [Page 194] but assure you, that we will be reuenged of you there­fore.

Declamation. 39.

THe law saith, that whosoeuer doth voluntarilie confesse to haue offended the law, without anie other witnesse is worthie of punishment. Wher­vpon it chanced that a certaine woman (ha­uing in one day lost her husband and two of her [Page 195] sonnes by some violent death) did fall into such dispaire there­fore, that she hanged her selfe, but her third sonne happened to come before she was throughly strangled, who cut the rope a­sunder, and after he had gotten her to life againe, hee carried her vnto the Temple, to the end that the respect of a place so ho­ly, might keepe her from doing her selfe anie hurt, then he went forth to buy some sustenance to comfort her. In the meane season it happened that the officer came in there to search for church robbers, this woman being desperate, confessed that she had rob­bed the Temple, wherevpon the Magistrate according to the law would haue her punished, but the sonne in the meane time happened to come, who gaiinsaied it thus.

THat which is fallen out in our house, ought to protect my mother being cōdemned here; where­fore I knowing the matter, it is lawfull for me to examine her my selfe of the offence in your presence, which she wrongfullie taketh vpon her: moreouer, it ought to bee considered, that the law saith, that those which confesse a crime, shall be condemned. Now to confesse, is to aduouch the accusation for feare of the racke or other tortures, but to accuse her selfe, is not on­lie a doubtfull confession, but a sure, euident, and most manifest desperation: and that it is so, it must be known of her how, and when shee commited this sacriledge? Or where she hath bestowed that which she stole? Tru­lie she cannot prooue her saying, but she thinketh that she committeth sacriledge in suruiuing after the violent death of her husband and children, and no other crime can be found in her; wherefore in her own opinion her saying is true, but by the law she is not punishable, see­ing that if I had not ben, she had been dead alreadie by her owne hands. It behooueth me to beseech the iud­ges [Page 196] to be mercifull to the offenders, but I had need not onlie to intreat, but also to compell my mother to take pittie vpon her selfe; what need you to doubt if a wo­man ouercome with sorrow desireth death, when a number with ouer exceeding ioy haue died suddainly? Whereby it plainelie appeareth, what weakenesse re­maineth in the female sex, who therefore are not to be beleeued, nor receiued for witnesses. But tell me good mother? Why doe you not beare your losse patiently, seeing that you see the gods themselues doe lose that which is consecrated vnto them in their Temple: Alas worthie iudges, you doe well know that the afflicted doe more feare, honour, and reuerence the gods, then those that are in prosperitie. How then should this wo­man, more wofull then any other, presume to offend them with sacriledge? What need hath she of riches, that desireth to liue no longer? Neither hath anie chil­dren to leaue them vnto, but me, who would redeeme my father and brethren from death with those which I haue yet of mine own, me I say, who haue and do loue my mothers life better then her wealth. Alasse no want of riches, but want of heires to possesse them is cause of her miserie. You may say that she being angry against the gods for her losse, & desirous to be reuenged, hath committed this sacriledge, there is nothing more vn­likelie, for her courage is abated with griefe, and she at­tributeth her mishap vnto her selfe, and not vnto the gods, neither is it the least mischiefe that fortune doth vnto vs, when being our greatest enemie, she doth not onlie make vs miserable, but also supersticious, in such sort then we beare the greatest reuerence not vnto the gods alone, but chieflie vnto inconstant fortune; all this is prooued by her, because she had rather hurt her selfe, [Page 197] then offend the gods, but if otherwise it were, far more easie had it ben for her to haue burned the Temple, thē to haue stollen the treasure locked vp vnder so manie keies, wherefore you ought to waigh al the circumstan­ces together, and to be verie carefull that the law and the penaltie thereof, which serueth for a terror vnto the wicked and malefactors, bee not inflicted vpon the in­nocent. For he committeth a greater offence which pu­nisheth the innocent, then he doth that pardoneth the malefactor.

Declamation. 40.

[Page 199] IT happened that a man and his wife made an oath vnto each other, that if one of them chanced to die, the other should not suruiue aboue three daies af­ter. Vpon a certaine time the man went vpon a long iourney, and being on his way, he sent a false message vnto his wife which certified her that her husband was dead, she to keepe her promise, threw her selfe downe from the top of her house, neuer­thelesse she died not with the fall, wherefore her father caused her hurts to be healed, and kept her vntill certaine newes came how her husband was not dead, but had sent her word of his death, only because he was desirous of his wiues death. Whereup­on her father would haue cōpelled her to forsake her husband, she would not, he renounceth her for his child, and disheriteth her, for which she complaineth, saying:

O Immortall God, which by thy prouidence gouer­nest all mankind, thou hast not permitted that this fact should be for our hurt or destruction, but onelie for a triall and proofe of the loue which I beare vnto my husband, & yet my father would seperate those whom death could not put asunder: neither is that which I haue done to be thought strange, seeing that I had both cause to doe it, & the example of diuers women which haue done the like, to allow it; for some haue burned themselues with the dead bodies of their husbands, o­thers haue by their death redeemed their husbands life. I am therefore happie to bee accounted one of the same number being yet liuing, and my husband safe and sound, who it may be would trie whether I were worthy to be beloued of him, and now knowing it, he [Page 200] will loue me better then euer he did. The loue which is ouergreat is cause of suspitions and iealousies, and therefore my husband was desirous not onelie to trie whether I did not loue some other, but also whether he was beloued of me, and I am verie glad that with the danger of my life hee hath found me such a one as he desired. What wrong shall I then both doe vnto my selfe, and vnto him, if when I should reape the fruit of my loialtie and most constant loue, I should depart from him, God forbid I should so doe. Moreouer, I should neuer bee well able to liue without him, for it was partlie the cause that I threw my selfe headlong down, because I would not languish without the hope and comfort of his presence, which I shall now possesse with more pleasure then euer I did. To conclude, I can­not leaue him, and if I could I would not, wherefore it is lost labour to speake any more thereof.

Declamation. 41.

THe law was such, that when the children were thirtie yeares of age, they might require their father to giue them their portion. Wherevpon it chanced that a man had two sonnes, the one of them was prodigall, and the other a good hus­band. He gaue the prodigall sonne his portion (who demanded the same by vertue of the law) and did wholy disherit him from anie of the rest of his lands or goods: the other, who was the good husband, made a voiage by sea, and fell into the hands of Pyrats, he writ vnto his father for his ransome, his father was deafe and could not heare on that side: Wherevpon his prodi­gall brother redeemed him, who when hee was returned home made his said brother his heire, in recompence of his release by him, wherewith the father being displeased, disinheriteth the [Page 202] thirstie son of his patrimonie, who withstandeth him thus:

ALl those which doe know what I haue done, doe praise me for it, except you. How true an example of pittie and brotherly loue hath my brother shewed, when sailing to seeke me, hee hath ad­uentured great dangers, trauailing ouer many lands, and seas, neuer giuing ouer his enterprise, vntill he had brought mee home againe vnto my fathers house: wherefore if you did loue me as both my obedience, and seruices deserue, and as nature doth bind you, you could not denie but to haue receiued at his hands ser­uice most acceptable; And in recompence thereof to haue acknowledged him for your heir, as I haue done: for if for his prodigalitie you did disherit him, he hath shewed himselfe both towards you and me not to bee prodigall, but indeed verie liberall. If you did disher it him because he was vnprofitable, hee cannot now bee tearmed so, Seeing he could make so long a voiage, and when all fatherly loue was in you forgottē, he yet could performe the dutie both of a good sonne, and a better brother. You say that age hindered you from comming to redeeme me at the beginning of my captiuitie, what man is so old that could not saile so small a way as I was from you? wherefore seeing you did it not, you ought to thinke well both of him and me, for he hath restored me vnto you, and I would also make him yours. If you disherited him because hee was wicked, hee is no such man, seeing that he hath ben so charitable towards his father, brother, and vnto all those that loue vs. Lastly, as I cannot compell you to giue me more then the law ap­pointeth, so cannot you take that from me which you giue me not, but it appertaineth vnto me presently after [Page 203] your death, euen as you receiued it from our grandfa­thers, seeing that I neuer offended you in anie sort, vn­lesse you will account, the dutie which I vse towards your sonne and my brother for an offence.

Declamation. 42.

A Certaine woman died in childbirth of a sonne, whom the father sent to nurse in­to the countrie, and within a few daies after hee married a yoong wench which he had alreadie got with child, shee a­bout a month after did also beare him a son: whome he in like sort did send a­broad to be nursed, handling the mat­ter so well, that not any besides himselfe did know which was the first or the last child. About three yeares after he made the children to be brought home to his house, and would not tell his wife which of them was hers. Moreouer, they were both of them so like the father, and so little like the mothers, that shee could not that way discerne them, whereupon she accused her husband of bad vsage, who denied it thus, saying:

WHerefore doest thou weepe for thy child, seeing thou art sure to kisse him and see him euery day, if [Page 205] thou wilt, I would long since haue tould thee which of them is thine, if I had not knowne that thou art as desi­rous to shew thy selfe a stepdame to the one, as a mo­ther to the other. Consider only that the one is thy son, and the other is his brother, and thy husbands son; loue them then for their owne sakes, or els neither loue nor hate them: but I perceiue that whilest thou desirest to be a mother to the one, thou art a stepdame to them both. If thou doest constraine me to tell thee, neuer imagine that I will tell thee the troth, wherefore I will not deceiue thee as a mother, but as a stepdame. Nature her self determined that they should be like each other, to the end that they should be both thy children. Thou mightest very well know which of them is thine, if the desire which thou hast to hate the one did not hinder thee, wherefore behold the one or the other with the eie of a mother in law, and it may bee the same will bee thine owne. Long since should I haue told thee the troth, if thou hadst ben lesse importunate to enquire it. I will that thou alone shouldst inioy this benefit, either to haue one sonne in law without being a mother in law, or els to haue two children without hauing suffe­red for the birth of more then one of them. When they are of more age, marke which of them will be more o­bedient vnto thee, and the same shall bee thy sonne, or at the least shall deserue that thou shouldest so account him: and giue ouer henceforth to bewaile thy sonne, seeng thou art not onely certaine that thou hast him, but also that thou canst not lose him, vnlesse they doe both die.

Declamation. 43.

WHen Octauius, Marc Anthonie, and Lepi­das did part the Romane Empire betweene them, many of the Nobles were slaine, & others fled and were banished, or els fined in a great summe of money paiable vnto those which were appointed to kill them. Amongst whom there was a Roman ex­ile who was followed by his wife that was verie rich, whose chance was that vpon a certaine time she found her husband in a secret place, holding a cup in his hand, she asked him what he had in the cup, he answered that it was poison, and that he wold poyson himselfe because he desired to liue no longer in this mise­rie; the wife answered that she would not liue without him, and therefore praied him that shee might drinke some part with him: wherevnto he agreed, and hauing drunken part, he gaue [Page 207] her the rest, the which she did drinke vp, and died suddainly after. The husband died not: but within a short while after by the means of his friends he was called to Rome again, where being arriued, he shewed a very plain Will of his wiues, wherin she left him heire of all hir lands and goods; her kinsfolke who did verie wel know how she came by her death, accused him for poysoning his wife, complaining and saying in this sort.

HE hid himselfe with poyson, because he would be sought and found by his wife, he fained that he would drinke it to make her drinke thereof, he said he would die, because she should desire to liue no longer, He did drinke in such sort of the poyson that he is yet liuing, and his wife dead: I would faine know then what man did euer murther his wife more mani­festly? Or what poison is that which could not once kill so great an heire, who affirming that he would die, after he had caused his wife to die, did himselfe escape: it is a great matter that all the rest of the fugitiues are be­come poore by the late edict, and this man is made rich thereby, the others haue lost their owne goods, and he would vsurpe the goods of another, as a reward for procuring the death of her, that loued him more then her selfe, and so much did he know that she had witnes­sed in his fauour: she followed him when he was pursu­ed by his enemies sword, and vnder a fained coulor of loue he hath murthered her with poyson. A goodly ex­change, she tooke his poison, and he her Testament, so soone as shee had drunken shee died: but is there anie doubt to be made of the force of the venome? Seeing it was compounded and made by the heire, who might verie well drinke part of the vppermost, as being lesse violent, either hauing an Antidot verie readie, or els ha­uing [Page 208] taken it before hand, thereby inciting his poore wife by deceit to drinke the bottome, where all the poi­son did lie, so as it might verie well be said, that hee had the drinke, and she the venome, which long before hee had prepared to hurt her alone. He did verie well know that shee would not liue without him, seeing that shee was desirous to thrust her selfe into most great dangers for his sake. If they are punished which kill their ene­mies in open fight, what punishment is he worthie to haue, which hath treacherouslie murthered his wife that loued him aboue all things; as hee ought to haue loued her.

Declamation. 44.

[Page 210] IT must here be considered, that in times past amongst the Grecians it was lawfull for such as would, either to slay their children, or to forsake them and leaue them at all aduentures; and the law was such, that if anie did find them and bring them vp, it was at the fathers dis­cretion to redemand and take againe his child, paying for his nursing. Wherevpon it happened that a father through pouerty was inforced to leaue two of his children, being twinnes, to the mercie of the world, which children another man chanced to find, and caused them to bee nursed, thinking to keepe them as his owne, for he had none. It likewise chanced that within a cer­taine time after, the father who had forsaken them became rich; so that he desired to haue his children again, and causing them to be sought out, he which had fostered them, came vnto him, saying that if he would let him haue one of them, he wold giue him the other, and he should chuse which of them both he would haue, the father agreed therevnto, but seeing the chil­dren he tooke them both againe. The foster father summoned the father to the law for one of them, the father defended him­selfe saying:

HOw wouldest thou haue me make partition of my children with thee, seeing that I made a refu­sall thereof, especiallie to the mother which hath conceiued and born them? I haue begottē them both, I haue desired them both I tooke paine for them both, they were both borne together, they were both left, or lost together, because I knew that being twinnes the one could not liue without the other, thou foundest them together, thou hast fostered them vp together, [Page 211] and I haue found them together againe, wherfore then in the restoring should they be sundred; especially see­ing fortune which once seperated them from their Pa­rents, would neuer sunder them one from another, how could I chuse the one, and leaue the other, seeing that because I could not chuse, I did leaue them both? if the martiall law, which is the cruellest, doth not suffer that two brethren being taken in the warre should bee sun­dred, how doth the Ciuil law allow it in these here, who are not onelie brethren, but may well bee tearmed the halfe of one another, each of them loseth his grace and worth if he be absent from the other. I should doe a wrong in desiring thy children, but not in retaining mine: why wouldest thou haue acquaintance to sunder that, which abandoning to the world could not sepe­rate? I would giue al for my child except my child one­ly, I made the bargain weeping and trembling as much as when I departed from them, for I was constrained by force and necessitie, because I could not find the one without promising the other. It is inough of the first wrong that I did vnto my children, in expulsing and leauing them through necessitie, without adding there­unto a second iniurie, which would bee in seperating them willinglie, seeing the law, my dutie, and the equi­tie of the iudges may be my warrantise; for euery agree­ment made by feare or force is nothing worth, but on­ly those which are willingly made, or according to the lawes.

Declamation. 45.

THe law appointed, that whosoeuer did strike his father, should haue his hands cut off. Wherevpon it chanced that the King being a Tyrant, caused a man and his two sonnes to be sent for vnto his pal­lace, and hauing brought them vp vnto the top of a high tower, hee commanded the sonnes vpon paine to be throwne headlong downe, to strike their father, and he would defend them from the punishment which by the law was appointed; one of them because he would not strike his father, threw himselfe downe, the other did giue his father a blow with his fist, wherevpon the Tyrant who did greatly fancie, and daily sought such men as were wicked, enter­tained him into his serui [...]e, and loued him so deerely as he who­ly [Page 213] put his trust in him: but as Treason doth oftentimes spring of too much trust, so this man took an occasion to slay the Tyrant, as well to reuenge his brothers death, and the iniurie done vnto his father and him, as also to winne honour, and gaine the re­ward promised secretly by the Citizens to him that should kill the Tyrant: who hauing slaine him, demanded the said reward; but the ingratefull people accused him for striking his father, for the which they wold haue his hands chopt of. Whervnto the poore father would in no sort consent, but gainsaied him thus:

I Should be more happie if I did rather defend many malefactors, then one onely innocent: will you cut off those hands which hath slaine the Tyrant, & restored you your libertie? what doe you meane, why did you not cut off the Tyrants hands, that constrained my son to transgresse our laws, so that it was as necessarie for him to strike his father, as it was lawfull for others to rob Temples, and to rauish the Virgins and wiues. O how much doe we owe vn­to those hands, by the which such crueltie is brought vnto an end, the tyrant did trust that by the same hands he might shame some, and slay others; but they haue depriued him of the means to performe either the one or the other: but how much more am I indebted vnto this my sonne, then vnto the other that brake his owne necke? For he did not that to spare his father, but him­selfe, because hee cared not though I had died with sor­row, which no doubt I should haue done, if this here had done as much, and in smiting me hath he not onlie saued my life so much, as hee hath afterwards likewise preserued the Commonwealth. Alasse my poore chil­dren what great extremitie haue you both endured, by the crueltie of a Tyrant? The one hath broken his [Page 214] necke, and the other to his most great griefe too was in­forced to beat his father: but farre greater praises doth he deserue that hath slaine the Tyrant, then the other doth which did murther himselfe. What offence hath this my son and your protector committed? Saue only that in lifting vp his fist, and gently letting it fall againe, he fained to strike his father, who in like sort seemed as though he were aggreeued therewith, but both the one and the other did it to escape a worser mischiefe, and to performe a greater good: necessitie in all doth greatly excuse humane weakenesse, and therefore the Saguntines were not only excused, but exalted for slay­ing their fathers; which is more then a light stroke. His brother in leauing me at the Tyrants mercie did worse then he, who without hurting me, hath saued me. You say that hee had no respect vnto the law, I know well that the law is strict, but the interpretation is large: if one being mad chance to strike another, he is not puni­shed: Neither yet is the little child which striketh his father condemned: For the mad man hath more need of pittie then punishment, and is rather to bee holpen then hurt; and the child hath neither strength nor vn­derstanding to offend: these two points in such an ex­tremitie are found in my sonne, for in striking me, hee endured a greater paine then I; if those women who were defloured by the Tyrant, are not esteemed vn­chast, Nor those Priests, which through force or feare haue brought the treasures of the Temple vnto the ty­rant, are not deemed culpable, Wherfore then should my sonne bee blamed who fained to strike his father? Thereby not only to saue his life, but to kill the Tyrant, reuenge the rauished women, and to restore both the treasure vnto the Temples, and also to purchase [Page 215] 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.

Declamation 46.

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, [Page 217] 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 [Page 218] 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 [Page 219] hanged with the others, hee knew very well that God would not suffer so cruel a tyranny to indure, and when the Citizens returned, the slaues should bee punished: But why will you marrie your daughter to one so vild and base, who hauing her in his power, both esteemed, and knew himselfe to bee vnworthy of her? Wherein onely he deserueth some recompence, which may bee done in giuing him freedome and meanes to liue, but you must not giue him her, for whose sake chiefly you would reward him.

Declamation. 47.

IT was an ancient law, that whosoeuer did beare false witnesse being conuinced thereof, he should remaine his bondman against whom hee was a witnesse. Wherevpon it chanced that a certaine man which had two sonnes, carried one of them abroad into the countrie with him, within a small time after the sonne came home againe alone, the other sonne accused his brother that he had slaine his father, and added such apparent likelihood vnto his sayings, that the other being vpon the rack, confessed the offence which he had not committed; so that he is condemned to a cruell death: but a certaine solemne feast drawing neere at hand, some of his friends found the means to reprieue him vntill the said feast should be ended: in the mean time the father returned home to his house safe and sound, [Page 221] wherevpon he which was condemned, accused his brother of false witnesse, and hauing conuinced him thereof, put him in prison: but the father intreated his son to deliuer his brother, the which the other refused to doc, so that his father threatened to disherit him saying:

VVHat canst thou say saue only thy brother hath produced or born false witnesse against thee? I say that he thought he had said the truth, for the loue which he did beare vnto me, and the fear that he had of my death did make him beside himselfe: but if thou desirest to prooue him more faultie, then I say be thou mercifull, and euery one will say, that hee did much amisse to offend so kind a brother. Art thou aba­shed that thou foundest thy brother so cruell against thee, seeing that hee beleeued or thought that thou haddest slaine thy father and his? Why wilt not thou suffer me to haue two children? wilt thou torment thy brother to procure my death thereby? If it bee so, hee hath not altogether accused thee wrongfullie. Alasse one of my sonnes was in prison because I did not re­turne, and the other is in prison because I am returned. If thou dost not set him at libertie, I wil liue no longer: whereby it shall be knowne that thou wantedst not the will, but the meanes or occasion to murther me, and it will be said that thy brothers meaning was not so bad against thee, as it was good towards me, seeing that hee inwardly perceiued thine iniquitie, and in forsaking me or returning without me, thou thy selfe wert the cause that he accused thee. Doest thou not perceiue that I am fastened euen amidst the selfe same chaines where­with my son is fettered, and that the same bond which bindeth his hands, doth burthen my heart? Churlish [Page 222] and vngratious as thou art, wherefore doest thou keepe thy brother in prison and thy father in thraldome, who by his returne hath saued thy life? The which (if other­wise he should haue done) thou couldest (next vnto God) neuer hold of any other then of him.

Declamation. 48.

A Certaine man being taken by Pyrats or rouers on the sea, writ vnto his father for his ransome, the father excused himselfe, so as the other remai­ning without hope of releasement, is releeued by his daughter who was captain of the Pyrats: and shee was not onely fauourable vnto him during his imprison­ment, but also promised to set him at libertie, and to flie away with him, if he would sweare to marrie her, either when hee came home, or by the way: He did sweare, and married her so­lemnly before he came where his father remained; who was dis­contented therewithall, and would haue had him to forsake her for to marrie with a rich inheritrix, but he would not: where­vpon his father would disherit him, saying:

O What a great ioy maist thou hope to haue of thy wife, or what comfort can I expect of my daugh­ter in law? Who for the loue of a stranger, cared not to hate her owne father: Yea, and was not ashamed [Page 224] to disclose her disordinate lust vnto one whom she ne­uer knew before. Thou wilt say that first of all she had compassion of thy miserie, and from that compassion did loue spring; but I answere that it was neither com­passion nor loue towards thee, but rather a desire to sa­tisfie her owne lust and pleasures, that prouoked her to deliuer thee: wherefore thou art not in any sort bound vnto her hauing partly satisfied her desire, for it should bee impossible for thee wholy to satisfie the same; see­ing the drie earth, the graue, and a womans wombe, are three insatiable things.

Declamation. 49.

A Certaine valiant conqueror chanced to die, who hauing made his Testament, he ordained that all his armes should be hanged vp for a Trophey about his se­pulchre, and that it should not be lawful for anie man to take ought therof away. It chanced that another man (who to­fore time had ben no lesse famous for his victories in the Commonwealth then the other) lost his armes in the warres, and being charged by the enemies, he fled in the cittie euen vnto the sepulchre aforesaid, from whence he tooke the dead mans armes, wherewith he returned vnto the fight, [Page 226] and there behaued himselfe so valiantlie, that he came home a­gaine a conqueror. But like as vertue is euermore persecuted by enuie, so he (hauing placed the armes againe from whence hee had taken them, and receiued the triumph of his victorie) is accused of sacriledge, and for robbing the sepulchre of another man by taking away his armes; but he excused himselfe of the crime saying:

THese armes stood more in need of my aid, then I of their assistance, for the victorie which I haue obtained hath kept the enemies from taking the cittie, and all that therein is, and although it were other­wise, yet could not that be tearmed violence which one taketh without resistance to a good intent, and with a will to restore it againe. Many speake of armes which know not what they meane, for these here being in my hands at the combate were armes, but so long as they shal remaine in the temple, or about the sepulchre, they can be tearmed no other then spoiles, or an vnprofita­ble Trophey, so that it may well bee said, that the armes stood in need of my strength. I lent my selfe vnto them, whereby also the Commonwealth hath receiued great benefit, and the dead man and his armes haue gained more thereby then they lost, for the dead shall bee the more eternised, and his armes the more famous. Nece­ssitie is not only without law, but she her selfe is the law of time. Wherefore oftentimes she causeth the richest marchandise to bee throwne into the sea to vnburthen the ship: or to breake down, and ouerthrow some hou­ses to saue others from fire: so likewise is one or more members cut off to saue the rest of the bodie: how much more lawfull is it then in a necessity to do a good act, as I haue done three, for I haue ouercome the ene­mie, [Page 227] assured the Commonwealth, and increased the glorie of these armes, in making them double victori­ous. Is it not apparentlie knowne that manie doe mor­gage, and sell all the iewels and relicques of the church, to conserue the Commonwealth? Wherein then haue I offended, imploying for the same a thing of so small a value, which serued but for an vnprofitable shew?

Declamation. 50.

A Certaine Tyrant hauing by force obtained the sole gouernment of a Commonwealth, the Citi­zens thereof did secretly ordain amongst them, that whosoeuer could slay the said Tyrant, hee should haue tenne thousand crownes in recom­pence, and his statue or image should be set vp in the Temple, [Page 229] and bee called the onely patron and protector of his countrie. Wherevpon it happened that a yong man did so well court the Tyrants wife, that he inioied her at his pleasure, and oftentimes he went vnto her by night disguised, and sometimes in the ha­bite of a woman. In the end he was suddainly surprised by the Tyrant, who would haue slaine him, but the yoong man being the stronger, or rather being aided by the wife, tooke the tyrants sword from him, and slue him. Wherefore hee demanded of the Commonwealth the recompence promised vnto him which should slay the Tyrant; but the Cittizens gainsaied his demand in this sort:

IF the Tyrant himselfe had not armed thee, thou haddest neuer slaine him, but what shall I say, Seeing that one Tyrant murthered ano­ther at all aduentures? For adulterie is no lesse offence then tyrannie: but of whom requirest thou a reward for thy not suffering him to slay thee, Seeing that euen those which are most wicked, doe eschew death as much as they may? the tyrant should haue de­serued as much if he had slaine thee, as thou doest in killing him, so that can be said to be nothing els but an equall combat, the issue whereof hath beene happie for thee: neither did the honester, nor the innocenter man get the victorie, but rather the stronger, or the vilder person. Seeing it was manifest that the Tyrant came to murther thee who wert as wicked as himselfe, and that he brought the meanes to kill himselfe, why commest thou alone to demand the reward? The which if anie were done, ought to be diuided in three parts, that is to say, one part to the Tyrant for bringing thee a sword, another part to his wife for helping thee to take it from him, and the last and least part for thy selfe: Moreouer, [Page 230] thou diddest not enter armed as those do which would kill, but thou camst delicatlie apparelled, and perfumed into the chamber, not without good espiall before hand of the Tyrants absence. A valiant man no doubt, who desired not to find the Tyrant, but his wife, who was not pricked with hate, but passioned with loue. They which goe purposely to kill anie one doe arme themselues with courage and courtelax, and doe goe thether where they thinke to find those they meane to kil. Euery noble act is begun with an intent, and perfor­med by occasion: for as oftentimes the vertuous enter­prises are rewarded, although the successe doe fall out sinisterly, so are wicked enterprises not left vnpunished, although they succeed not according to the meaning of the malefactor; and as vertue without effect loseth not her glorie, euen so likewise is that neuer allowed for vertue, or worthie of reputation, which happeneth by fortune, or chance. The wisdome of our Senat, would neuer haue appointed so great a reward for him that should slay the Tyrant, if they had thought the same should haue ben performed by so wicked a person, not willingly, but by constraint, not by vertue, but by vice. Neuer was there heard of such a combat, for hee which was counted the vildest caitife, did fight for the best & honestest cause; the Tyrant fought to reuenge his owne wrong, and his wiues reputation, and thou to maintain thy lewd act and foule adulterie: so that it may truly bee said, that thou diddest murther a womans husband, and fortune hath slaine the Tyrant, by whose death the Commonwealth hath gained her freedome, although he was not slaine for the same intention. It is a goodlie matter to see thee come polluted with the kisses of an adulterous minion, to demand the recompence be­longing [Page 231] vnto a vertuous man; this honor should bee due vnto such a one as had freely killed the Tyrant, be­ing therevnto prouoked by vertue; but not vnto thee, who diddest it by chance or constraint, thereby to de­fend thine owne life: wherefore the same life which thou hast saued by this deed, is a recompence great e­nough for thy desert; or if thou wilt denie this, consider that first we must punish the vice, and afterwards re­ward the vertue: thou canst not denie but that thou diddest first commit adulterie before thou sluest the ty­rant, first then suffer punishment for thy fault, and then we will afterwards consult whether thou deseruest that reward which thou demandest. But aboue all things remember this, that no good act is to be attempted by mischiefe, neither must vertue be attained vnto by vice.

Declamation. 51.

THere was a man which had two sonnes, the one whereof he did vtterly denounce and forsake, in that hee had married with a woman of lose life, by her had a son, and afterwards fell sicke: Whervpon he sent to intreat his father to come [Page 233] at the least to visit him once before hee died, who being come vnto him, his forsaken sonne commended his little child vnto his care, and then died suddainly. Wherefore the grandfather was so greatly moued with compassion that he adopted the child for his owne, and made him coheire with his other sonne, who being therewithall displeased, accused his father to bee void of his sences, but he gainsaid him thus:

THis were a verie new manner of losing a mans wits, seeing that by your saying I should bee verie wise, if I did not know those which were mine owne. Truly I did expect that some bodie should haue intreated or requested mee to haue reuoked this my poore forsaken sonne, but no man durst be so bold, see­ing thou which wert his brother, diddest neuer doe thine indeuor therein: wherefore it is to bee supposed, that all men knowing thy ambition to bee fole heire, they feared to displease thee. Alasse this poore mans life was onely prolonged but vntil he might speak with me, and when hee had once heard me, he opened his eies, (shut vp in a manner alreadie) to see me, retaining his fleeting soule but only whilest hee bad me farewell, so that I may rightlie say hee left both life and child in my bosome. To conclude, I well perceiued by his end (but alasse too late) that he was truly my sonne; but thy rigorous crueltie towards him, and thy great ingrati­tude towards me, maketh mec in doubt whether thou art his brother or no.

Declamation. 52.

A Woman that was attainted of whoredome, and for the same condemned to be cast headlong downe from the top of an high tower, being readie to bee throwne downe, did pray vnto God that he would declare her innocency, in preseruing her from death; her praiers being ended, she fell from the top downe to the ground without receiuing any hurt at all. Neuerthelesse, the Marshall would haue throwne her downe againe. Wherevnto she replied in this sort:

[Page 235] VVHerefore wil you resist the wil of God, which hath preserued me? And were it not so, yet is the iudgement accomplished. I was (though wrongfullie) condemned to bee throwne headlong downe, I haue so ben, my iudgement and execution be­ing accomplished, what would you els doe? Am I not acquited, Seeing that it was not said that I should bee executed anie more then once? Neither is any man e­uer executed two times, especially because euery iudge­ment ought rather to be mittigated by clemencie, then aggrauated by crueltie. If you would punish me for the offence which you suppose I haue committed against God; seeing he hath declared me to be innocent, why would you offend him in punishing me? It is the vsuall place from whence others are throwne downe, where­fore it is verie likely, that if I had ben guiltie, I should no doubt haue died as well as they.

Declamation. 53.

THe order of the religious 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 [Page 237] 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 [Page 238] 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.

Declamation. 54.

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, [Page 240] 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.

Declamation. 55.

[Page 242] A Certaine man had two sonnes, neuerthelesse hee was betrothed or made sure vnto a yoong maiden, with whom one of his sonnes became so far in loue, that he fell sicke, and no doubt he had died, if the Phisition had not told his father that his sonnes disease proceeded of loue, where­vpon the father came vnto his son, praied him, coniured him, and lastly threatned, not only to curse him, but also to kill him, (holding his sword in his hand) if he would not manifest vnto him the cause of his sicknesse, and what she was whom he loued, wherfore the sonne seeing himselfe in such an extremitie, trem­bling and weeping, confessed that hee was in loue with his mo­ther in law; the father to saue his sonnes life yeelded her whom he had betrothed vnto him, and caused them to be married to­gether. The other sonne who was enuious against his brother, accused his father to haue lost his wits, the which the father de­nied, saying:

IT is thou that hast lost thy wits, or at the least art vtter­lie blinded with passion and ill will, so that thou wilt be the cause, that euerie man will bee amased at such an act as was neuer seene: that a mother in law should bee more pittifull vnto her sonne in law then thou art vn­to thine owne brother. Callest thou that want of vn­derstanding, when by my wisedome I saue my son, in granting him her, who in no sort was aggreeable for me: I say that in keeping her from him, I should haue lost my wits, seeing that she might haue done ill, I might not haue done well, and my sonne should haue died: I am sure that he loued her better and more fer­uently then I did, therefore is she due vnto him, what wrong do I thee? Art thou angrie to haue thy brother, and not a mother in law? I did draw the sword before [Page 243] his face, the which no man could take foorth of my hands, but only himselfe in confessing the truth. Lastlie, all that a father doth to saue his sonnes life is not onlie very excusable, but to be accounted for exceeding great wisdome and iust pittie.

Declamation. 56.

IT chanced that a certaine man being a widdower that had a sonne, married his second wife, by whom hee had another son: and because his first sonne did but badly agree with his mother in law, the father gaue him part of his house, which was neuerthelesse diuided with a wall, so that they were seuerall: likewise this old man had a receauer or factor which was a yoong man and a faire, so that this man was somewhat suspicious that he loued his wife, which iealousie was not a little increased by the sonnes persuasions, so that ther­by oftentimes there chanced such braules betweene them, that his [...]actor and he were vpon tearmes of parting. Wherevpon it happened, that shortly after the nieghbors through the wiues exclamatiōs, ran into the house, where they found the goodman slaine in his bed, his wife wounded, and so much of the common wall broken downe, that a man migh teasily passe thorow it: wherefore not only the sonne, but also the factor was suspected to be guiltie of this murther; and hauing apprehended them both, they brought them before the child being of three yeares old, who did lie in the same bed, and asked him which of them it was that had beate his father, the child pointed with his sin­ger vnto the factor, wherefore the son accused him for murthe­ring his master: but the factor through the breaking of the wall, accused the son for murthering his father, saying:

[Page 245] 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.

Declamation. 57.

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 [Page 245] 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.

Declamation. 58.

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, [Page 247] 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 [Page 248] 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.

Declamation. 59.

[Page 249] 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 Common­wealth, 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 [Page 250] 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.

Declamation. 60.

THe law saith, that if any man doe take his wife com­mitting adulterie, it is lawfull for him to slay them both her and the adulterer, but yet it must be without deceit; likewise it saith, that the sonne may reuenge the adulterie for his father. Whervpon it happened that a mar­tiall man lost his two hands in the wars, and as one mischance doth neuer happen alone, within a small time after he surprised his wife in adulterie, and finding himselfe vnable, he comman­ded his sonne to slay them, the sonne would not, wherevpon hee renounced him for his heire, saying:

I Shall then by thy fault amongst all men bee he alone that hath neither pardoned nor punished adulterie; but who in this case will not imagine that either I had no sonne, or that my sonne had no hands? Yet my greatest griefe consisteth in this, that I know the con­trary. Alasse, in finding the adulterers, I felt in good ear­nest how great a misse I had of my hands, alacke I lost them in the warres, and my sonne could not find his in [Page 253] the house; wherefore I may say that he stood mee in as little stead as my sword which I could not vse. How shall he either vanquish the enemy, or defend his coun­trie, which hath denied the helpe of his hands vnto his father? When will he sight for vs, that could not fight for himselfe? Get thee packing then with the adulte­rers whom thou hast suffred to escape, and leaue me ra­ther alone, then so badly accompanied. Thou saiest thy heart would neuer serue thee to kill thy mother; why doest thou not also say that the adulterer is thy father, as I doe verily beleeue, and thou doest shew he is? See­ing thou soughtest rather to please him in a matter vn­iust and execrable, then me in that wherin by the gods, law, and reason, thou wert commanded. Wherefore it cannot bee said that I doe either renounce or disinherit thee without a cause.

Declamation. 61.

THe law permitteth a maiden that is rauished, to chuse ei­ther the death of the rauisher, or to take him for her hus­band. Wherevpon it chanced that one man defloured [Page 255] two maidens in one night, so that the next morning the one re­quired that he might die, and the other requested to haue him for her husband, wherfore she that desired his death, said thus:

VVHo did euer see anie man saued for one of­fence, by the meanes of another fault farre more hainous? For if sinne proceed from hu­mane frailtie, to perseuere in the [...]an [...]e is a diuelish ob­stinacie; one defloured maid accuseth him, the other defendeth him: reuenge you our cause then O you iud­ges, let the seueritie of your discipline bee redoubled, seeing the crime is double: the people doe already se­cretly desire it, for he hath not onlie forced or rauished twaine, but I alone haue ben defloured by twaine, that is to say, by him that did the deed, & by her that would preserue him from death: must he be suffred to liue, that hath deserued to die twise? Had hee but deserued one death onlie, he should not liue anie longer, because no bodie would haue defended him; but this woman would vnto our shame verifie the Prouerb, which men do impose vpon our sex, saying, That women are selfe-willed, and that they do alwaies chuse the worst. If thou haddest ben the first that had ben forced, I doe hardlie beleeue that thou wouldest haue desired him for thy husband. To conclude, as thou canst not sue anie fur­ther in his behalfe, saue onely that thou maiest not bee depriued of thy choice; so also canst thou not abridge me of my request: it is in thy choice to saue his life for the fault he hath cōmitted against thee, but thou canst not command his life for the iniurie done against mee, seeing that I was first wronged, let me be first reuenged, and afterwards thou shalt wed him if thou wilt.

Declamation. 62.

[Page 257] THe priuiledge of the war was that he which had ben thrise a conqueror, should bee freed from going to the warres any more. Wherevpon it happened that a cer­taine Romane, which had beene thrise a conqueror, would returne vnto the warres against his fathers will. Who seeing that hee would needs goe, did for his obstinacie disherit him, wherevnto the sonne pleaded in this sort.

FIrst I am bound vnto God that hee hath made mee three times victorious; and next vnto him, am I bound vnto my countrie, for the loue which I haue born vnto it hath ben the cause that I did fight and got the victorie; wherefore after I haue performed my duty vnto these twaine I will obey my father in all things, who ought not to be against the publick good, and my glorie▪ it may be that he himselfe hath not ben thrise a conqueror, wherefore it is requisit that I should supplie his default, or my childrens defect, who peraduenture shall neuer be of such desert; but why would you dis­suade me from sighting after the obtaining of three vic­tories, Seeing that they doe yet fight whome I haue thrise vanquished? As the Senator which is past three­score years of age, may chuse whether he will come to Counsell yee or no, and yet such as are much older do notwithstanding come thether so long as they liue, so is it [...] for me to goe vnto the warres, when honor commandeth me, as oft as list. In that which is past, I [...] no more then my dutie, and therefore I [...] reward, but that which hereafter I shall doe of free will, shall merit a recompence. You would haue him to be idle, that neuer loued ease; you see the danger wherein we stand, all the Citizens doe fixe their eies [Page 258] vpon me, and to speake the truth, the Commonwealth doth yet owe me nothing for my passed victories, see­ing that it could not excuse me from the battaile, but now the same law shall allow it to be desert, which be­fore did appoint it a dutie. Seeing then that what I do is but for your profit and honour, why should you disa­uow me for your heire, mee I say which will fight to maintaine your life, your house, and the inheritance which you will take from me.

Declamation. 63.

THe law commandeth, that if any man do rauish a virgin, that he should die therefore, vnlesse that within thirtie daies hee doe both pacifie or appease the next of kin vnto the said damsell, & likewise the neerest of kin vnto himselfe. Wher­vpon it fell out so, that a certaine yoong man rauished a yoong virgin, and before the prefixed tearm he had thorowly appeased the maidens father, but yet his owne father would by no means be satisfied, wherefore he accused his father to haue lost his wits, saying:

HOw can that man bee said to haue his vnderstan­ding, that is more cruell vnto his owne son, then is he that hath been offended? There is no beast in the world so fierce, that seeketh not to preserue that which it hath it hath engendered; whereby it appeareth that those which do otherwise, may be iudged to haue lesse vnderstanding then brute beasts. If you thinke that I haue wronged you in not comming rather vnto you as to him whom I was most bounden vnto, then vnto the [Page 260] virgines father; You must consider that it was because he was more wronged then you, and that I iudged you more pittifull then he, and hee harder to bee entreated then you. But alasse infortunate that I am, I haue found mine enemie more fauourable then mine owne father, so that I know not what els to say, but that amongst such men as haue their wits, the loue of the father doth alwaies exceed the sonnes follie. If it please you to saue my life, or if your crueltie bee such as you loath to see me liue, speake, for the time is at hand? But I grieue not so much to die, (if you haue lost your wits) as I sorrow for the perpetuall mone that you will make, in that you haue ben the abridger of my daies, when as time more then reason shal haue mittigated your choler, and resto­red your vnderstanding, whereof now I may well say you are depriued, or at the least that the same is mighti­ly deminished.

Declamation 64.

A Tyrant being suspitious that a Cittizen pretended his death, caused him to be apprehended, and committed him to prison, and there tortured him, to cause him to confesse his conspiracie, and who were his confede­rats; [Page 263] but the Cittizen would not confesse any thing, whereupon the Tyrant did also cause the Citizens wife to be tortured, who in like sort would confesse nothing, wherefore they were deliue­red and set at libertie. Within a short time after the said Citti­zen killed the Tyrant, and being greatly rewarded and honou­red by the Commonwealth for the deed, he put away his wife as one that was barren, because she had ben fiue yeares with him, and neuer conceiued anie child. For which cause shee accused him of ingratiude, saying:

THat which the Tyrant was vnwilling to doe, hee that killed the Tyrant would doe, to shew himself more vniust then was hee; hee would frustrate our marriage, which at his owne request and intreat was so­lemnized, and to manifest his ingratitude the more, hee would needs stay vntill he stood indebted vnto mee for his life: if he ment to forsake me, he should haue put me away before I had ben tortured for his loue, the which torture is cause of my barrennesse. O miserable woman that I am, seeing that my kindnesse hath procured mee care, and my good deeds turneth vnto my decay. Is it not verie well knowne, that the constancie of my cou­rage, and the silence of my tongue, haue ben the onely ouerthrow of the Tyrant; I then being the cause that the Tyrant can no more break the marriages of others, why should mine be suffered to be broken. But who is ignorant, that during the Tyrants life, the barren were esteemed most happie, because they could not see their children rauished at the Tyrants pleasure? True it is that I haue borne no children for the Commonwealth, but I dare affirm, that I am the cause that manie are and shall be borne, and that henceforth there shall bee no more taken from it. The Tyrant suspected my husband [Page 264] his intention; because either hee had disclosed some­thing, or els his countenance or behauiour discouered his pretence, but yet in anie sort hee cannot complaine of his wiues tatling, no not when she was in her extrea­mest torments, I had alwaies more respect vnto my hus­band that was absent, then vnto the Tyrant who was present, being more carefull of his health then fearefull of mine own hurt. But who can expresse all the prepa­ration that was made for instruments of crueltie (able i­nough to daunt the courages of many men) to terrifie the constancie of a feminine heart, the whips tearing my flesh, the fire, the yron shoes, the whot egs vnder mine armholes, the buskins, the trestles, the pullies, the cords, the napkin, water, oile, and the hangmen: yet all these together could neuer draw one onely word from me to the preiudice of my husband, but prouing by liuely reasons, the contrarie of all that was of me de­manded, I was the cause of his deliuerance: wherefore doth he vaunt that he hath slaine the Tyrant, seeing the same was more easie for him to accomplish, then for me to indure so manie torments; for I haue suffered what­soeuer ancient cruelty was able to inuent, & that which this present age might possiblie ad thervnto: what shall I further say, but that the hangmen were wearie and ti­red, and the Tyrant himselfe was tormented at my tor­tures. Hauing then bought with such exceeding pains, life, honour, glorie, and riches for this ingratefull man, why would he put me away, to take a richer wife? For one more noble he cannot haue, if that be true nobilitie which proceedeth from vertue. O how plainely doth it appeare by him, that abundance engendereth auarice, which is the root of all vice, and enemie to all vertue, as he doth very well declare: for when he was more poor, [Page 265] and lesse wealthie, then had he more pittie, and lesse wickednesse. But what is this fellow that would pre­scribe nature a law, and appoint the times wherein a woman should conceiue? Must hee be like vnto God? Doth he not yet know that he is worse then a beast that would be better then a man? Must he be so presump­tious? Consider onely that if you are worthie to bee honoured, I deserue not to be hated.

Declamation. 65.

[Page 267] IT chanced that a certaine man hauing a passing faire wife, left her alone at home, and he made a voiage to Ierusalem: In so much that there happened a verie rich marchant being a stranger to come and lodge hard by this fair womans house, so as the said marchant became in loue with her, and sending her sundrie great presents, he so­licited her to loue him, but she refused his presents three times, and being thereby frustrate of all hope to speed, the said mar­chant became exceeding sicke, bequeathing all his wealth vnto this faire wife, adding these words vnto his testament: Because I haue found her chast and modest. He being dead, the faire wo­man receiued the riches and goods, her husband is aduertised thereof before he come home to his house. Wherevpon hee be­came so suddainly iealous, that at his return he accused his wife of adulterie, saying:

THou canst not denie but that either in deed or thought thou art an adultresse, for these riches doe witnesse against thee; I will confesse one onely point, which is, that my absence might haue beene the cause thereof, but now it must be considered what a wife you are vnto me, & what an husband I haue ben vnto thee: hast thou euer wanted anie thing? Or didst thou feare that thou shouldest want? What haddest thou then to doe with these riches? But who knoweth not that the most women are sooner ouercome with couetousnesse then loue? Diddest thou not know also that continency and concupiscence are the two keies of womens ho­nors? for by the one it is preserued, and by the other it is polluted. Wherefore euery woman of worth ought [Page 268] to behold nothing but the earth, & sometime her hus­bands face, for feare least she should desire some other thing, & vnto euerie stranger she ought not only shew her selfe bashfull, but vncourteous, faining to bee blind and deafe: for loue entreth in by the eies, and is concei­ued by the eares; also by a womans countenance, ei­ther a deniall or a consent is a great deale sooner and better perceiued then by her tongue, they which make a sound deniall at the first, are neuer importuned the se­cond time, much lesse the third time. Who will euer be­leeue that anie man would haue left all his goods vnto a woman because hee found her contrarie to his wish? If he were so glad to find her chast, why did hee solicite her to bee immodest? It is a great follie for anie man to seeke for that which he would not find: Who may not say or thinke that this our age is void of all shame? Seeing that a stranger witnesseth the chastitie of a wo­man towards her husband before hee is required: shee that feareth not to be thought an adultereste, wil neuer be ashamed to be one indeed; for opinion gouerneth all things at her pleasure, and if shame or feare of infa­mie did not restraine some more then another, there would not be one good woman: for shame serueth as a bridle to the immodest, and as a guide vnto the chast. What will bee said, if all the world will affirme with me that thou art dishonest, Except one man onely, and he but a stranger, which saith thou art chast? wherefore the praise which hee giueth thee, and the false testimonie which he alleageth for thee, doth as much harme thee, as my true accusation doth hurt thee. A goodlie matter no doubt, when no man assureth mee of my wiues ho­nestie, but a common whorehunter: he saith that thou art to thy husband constant, and I affirme the contrarie, [Page 269] who is more worthie to bee beleeued, a Cittizen or a stranger? A husband, or a whoremonger? Imagine (O you Iudges) that if this womans shame were not too apparent, I would rather haue dissembled it, then haue brought it to this extremitie: for he which discouereth his wiues faults doth but shame himself: but I remem­ber that notwithstāding that Caesar could not get Claudi­us to be conuinced of the adulterie wherewith he was charged, for being found in Caesars chamber in womans apparrell, yet did not he let to put away his wife, saying, That it behooued Caesars wife not onlie to be free from shame, but from suspition. Wherfore there is no reason that I should keepe her that is publikely defamed.

Declamation. 66.

IT was the custome of a certaine Commonwealth that euery Cittizen which was fallen blind by mischance, should out of the common treasor bee allowed ten ounces of gold for his maintenance. Wherevpon it happened that tenne or twelue dis­ordered [Page 271] Cittizens which wanted meanes to maintaine their accustomed riotous cheare, cast lots amongst them, which of them should haue his eies pulled forth, to the end that hee might receiue the abouesaid summe of gold to spend vpon good cheare amongst them: it chanced (as oftentimes it falleth out, that wicked counsell is most hurtfull vnto him that giueth it) that the lot fell vnto him that was the inuenter of this wicked­nesse: Wherefore the rest tooke him by force, and pulled out his eies, and sent him vnto the Magistrate to demand the tenne ounces of gold, but the Magistrat being aduertised of the man­ner of the fact, would giue him nothing, saying:

HOw long haue you been blind? By what chance lost you your sight so suddainely? Was it by do­ing anie good seruice for the Commonwealth? I am assured it was not, for it should be contrarie to thy custome, because thou neuer diddest anie, vnlesse thy follies and disorders should be accounted for seruice, so that first it may be aduouched that thou art no Citizen, for the honour of that name belongeth onely vnto the vertuous, therefore such as resemble thee may bee iust­lie tearmed the scumme and reproch of the Common­wealth. Moreouer, I am not ignorant that thou diddest suffer thine eies to be plucked out, that thou mightest with thy companions continue as long as you could that beastlie life which you haue begun, therfore both thou and they deserue double punishment, they for pulling out thine eies, and thou for suffering them, for it is to the preiudice of the Commōwealth, the which if thou haddest thine eies might if need were haue im­ploied thee as a pyoner in the wars, or to doe some such thing, but now the best that can bee done with thee, should be to hang thee vp, to the end that thou mightst [Page 272] no trouble vnto others, but rather serue for an example vnto all. Likewise it is to bee considered, that the law should bee vniust if it should make men blind of pur­pose; the law was made to comfort the afflicted, but not for to buy them; miserie needeth not to be bought, be­ing alreadie too abundant: therefore it is better to re­fuse our liberalitie vnto one, then to bee the cause that many others should make themselues blind: we releeue those which for their blindnes haue need of releife, but not those that plucke out their owne eies, because they would be releeued.

Declamation. 67.

A Man forsaketh or disheriteth his son, who went vnto the warres, and retur­ned home a conqueror, wherefore he de­mandeth for his reward of the Com­monwealth that his father might bee compelled to receiue him into fauour a­gaine. But the father being vnwilling to bee compelled to receiue his sonne, de­fended himselfe so well, that he was no more vrged therevnto. Yet because he was very desirous to haue his sonne againe with­out being constrained, but rather that his sonne might acknow­ledge it meerely to bee his beneuolence: he went also vnto the wars, and returning with conquest, requesteth for his reward, that his sonne might returne vnto him; and if he refused, that he should be inforced to come home againe, and obeying his fa­ther, receiue his inheritance, the son would not. Wherevpon the father summoned him to the law, and in the presence of the iud­ges said thus:

[Page 274] MY victorie is more famous then thine, for after that thou hadst vanquished, wee had yet cause of further warre, but my conquest was the vt­ter ouerthrow of our enemies, the end of all our warres, and the assurance of our Commonwealth. But although it had not ben so, yet what art thou? who begot thee but I? Say that I haue not made thee wor­thie to return home vnto me, yet these eies, these hāds, this bodie, these feet which thou hast, haddest thou thē from anie other then me? The courage, wisedome, yea and this stoutnesse which thou now shewest, takest not thou the same from my nature? For if a villaine had begotten thee, thou shouldest be like vnto him; as for example, the Eagle engendereth not a doue, nor doth a lion beget a hare; wherefore one of these two must be granted, either that I am worthie of reward, or that I am vnworthie to haue anie at all: If I bee worthie, then my reward is, that thou returne home againe? If I de­serue none, restore vnto mee all those aboue rehearsed graces which thou holdest of me. Thou wilt say, I could not obtain the same reward which thou deman­dest; in saying so, thou wilt but renue the quarrell for which I did renounce thee, which is, that thou wouldst neuer acknowledge the preheminence that in al things I ought to haue ouer thee; but if thou shouldest be be­leeued, thou wouldst take vpon thee the authoritie of thy father, and yet thou knowest not how to loue me so well as a son. O my child thou knowest not what it is to bee a father, I would giue thee that which thou hast es­peciallie required for thy reward: Thou maiest say, I will not be at your discretion to bee cast off some other time when you list: in saying so, a man may iudge that [Page 275] thou desirest to giue me the like occasion. Doest thou not know that a father neuer forsaketh his sonne, with­out feeling far greater griefe then doth he which is for­saken? But comming againe vnto both our deserts: I haue behaued my selfe more valiantly in the wars, from whence although the aged are especially exempted, yet haue I ben therein imploied, therefore it is a question whether thou hast ben a conqueror or no? thou hast ex­ercised thine age, but I haue ouercome mine age; thou hast made war, but I haue finished the warre; I did not onlie fight valiantlie my self, but by my aged manhood did greatlie animate the courages of yoong men, there­fore it may be said that I deserued a double reward; be thou then the recompence of my valor. I haue fough­ten being old, I haue aduentured that litle blood which I had left me to gain thee. Alasse how farre besides our selues are we both twaine, seeing that when wee are re­quested then we doe refuse, & being refused, we would with all our hearts enioy that which wee are denied, I had not so soone renounced thee, but I did as speedilie desire to reuoke thee, if I had not ben assured that thou wouldest neuer acknowledge anie good turne to come from me; but doest not thou compell me to bee suspi­tious, whē thou wilt not return vnto thy fathers house, vnlesse it be by thine own authoritie, or after a boasting manner? Consider only how much more honorable it is for thee to return at mine instance then at thine own.

Declamation. 68.

THe law is so, that a maid being rauished may either demand to be married vnto the rauisher, without bringing him anie marriage good at all, or els she may cause him to die. Wherevpon it happened that a yoong maiden being rauished, accused him that rauished her, and required him [Page 277] for her husband, but he denied the fact, and affirmed that hee neuer knew the maiden, yet shee found the means to prooue him guiltie, and hauing conuinced him thereof, shee would not then marie with him, but sued that he might die. Against the which he pleaded thus:

THou canst make thy choice but once, and the ra­ther, because I doe not yet know whether that which I alleaged in my owne defence was more to saue my life then to salue the law, which being once corrup­ted, would be farre more preiudiciall vnto others then vnto me, who if the worst doe chance, can haue but a bad choice, when I must be constrained either to marry such a one as desireth my death, or els die for one whō I loued too dearely. Thou art not only the procurer of my shame, but also of my slaughter; for the scaffold, the hangman, the sword, the bands, and lastly my death, are all readie prepared for mee, and that onely by thy meanes. Will not al men (thinkst thou) say these are too manie euils to be borne at one time, vnlesse thou migh­test be likewise a partaker therof? Doost thou not know that ouerferuent loue depriueth a man of his vnder­standing? And that the law neuer punisheth those that offend for want of wit? They then are to be punished that offend through malice or hatred, and not such as sinne through want of discretion, or too much loue? Thou seekest my death because I denied the deed, but I say my deniall maketh me more worthie to be excused, for thou canst not say but that it proceeded either for want of remembrance of the deed, being void of sence when I did it, or els because I was sorrie or rather asha­med for mine offence; wherefore if the worst doe hap­pen, the one cause freeth me from punishment, and the [Page 278] other maketh me worthie to bee pardoned, seeing that to euery noble heart, sorrow, shame, and repentance for misdeeds, are three punishments more worse thē death, which doth speedilie free vs from all miserie, and im­possible is it for anie man to escape it, how soone or late soeuer it commeth; nay rather in prolonging of our liues we lengthen out our miserie. But I pray thee tell me, seeing thou hast chosen me for thy husband, am I not the same? Wherefore then wilt thou kill thy hus­band, when thou meantest to saue thy rauisher? Ther­fore I may say that herein thou resemblest the shee wolfe. When thou diddest demand mee for thy hus­band, thou diddest not then know me to be honest and shamefast, or that I would doe my best to conceale thy shame and my discredit; and now thou hast tried mine honestie, thou seekest mine ouerthrow: so that it see­meth thou art more angrie in that I am ashamed of my follie, then thou art aggreeued with my fault: why art thou angrie? Doest thou not know that loue, wine, and women, do make the wisest witlesse? as Salomon, Samp­son, Hercules, Lot, Noe, and an infinit number besides doe witnesse: likewise the night is void of shame, so that it is lawfull by day to denie the faults of the darke. Thou diddest chuse me for thy husband, therefore thou maist not reuoke thy choice, nor the iudge his sentence; no­thing can be more politick or profitable in a Common­wealth, then the performance of euerie sentence that is giuen, and the obseruation of ancient lawes. Whereby I conclude, that if thou be permitted to chuse twice, the law is false, for neuer did anie maid doe the like, then seeing thou art no better then others, thou oughtest to obtaine no more then they.

Declamation. 69.

A Tyrant seeing that he was besieged in his castle or for­tresse, fled vnto a Cittizens house to hide himselfe. Some one of the tounsmen being aduertised thereof, burned the house and the Tyrant within it, for which deed hee obtained both the honour, gained the reward belonging there­vnto, and likewise receiued many presents and gifts from the ci­tizens. Which when hee whose house was burned did perceiue, he required to be satisfied for his losse by him that set it on fire, but the other refused to pay him any thing at all, saying:

VVHerefore diddest thou receiue the Tyrant? Why couldest thou not driue him foorth, or slay him? What was the reason that hee fled to thy house rather then to another mans? What cause had he to think himselfe more sure in thy weak cottage, then in a strong castle? Why doest thou esteeme thy house better then the Commonwealths benefit? Must you that neither killed the Tyrant, nor yet reuealed nor brought him forth that he might be slaine, be partner of the reward? I affirm, and do verily suppose that thou bewailest his death, and it is verie likely that either thou wast his friend or his seruant: at the least thou canst not denie but that thou wast his host, yea, and I assu­redly [Page 281] beleeue that thou didst watch of purpose to saue him from perill: a mā might easily accuse thee to be one of his confederats, and that thou diddest offer him thy house, seeing that therein he thought himself more sure then in anie other house besides. It were farre better that one hundred houses much fairer thē thine should be vtterlie lost then so vild a Tyrant as he should be yet liuing. Nay it were better to see a citie quite raced down to the earth, then the Cittizens should bee continuallie spoiled by tyrannous crueltie, without all hope of a­mendment. Seeing then that for the common good so great losses are so 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.

Declamation. 70.

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:

[Page 283] 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, [Page 284] 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?

Declamation. 71.

YOu must consider tbat in times past, when in iudgement there were as many voices on the one side as on the other, [Page 285] 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 countrie, seeing that the equalitie of voi­ces may acquite malefactors. Thou maiest then thanke the law, not thine innocencie, for thine escape. Thou saiest, I am acquited, and therefore you can neither ac­count me nor call me a paricide. I allow it so to be, nei­ther will I disherit thee therefore, but for thy other vi­ces, which are the cause that there are as manie that be­leeue thou wouldest haue murthered mee as there bee that doe stand in doubt thereof. But who knoweth not that it is a greife for a father to accuse his son, & to bring [Page 286] him in danger of death, although it be his desert? What is he then that would be so cruel to accuse him wrong­fullie? I take God to witnes that as I am verie glad be­cause thou hast escaped punishment, so likewise would I take away all occasion, to accuse thee anie more; and in putting thee away, I would take all occasion from thee to murther thy father.

Declamation. 72.

IT is to be considered, that amongst our ancestors the dignitie of Emperour was no other then that which we at this day doe call Generall of an armie, or Com­monwealth, the which dignitie was once demaunded by an ancient and valiant man; But his sonne resisted him in such sort as hee obtained the place for himselfe, and as the Prouerbe saith, Mowed the grasse vnder his fathers feet: Neuerthelesse they went to the wars together, where it chanced the Emperor to be taken by the enemies. Whervpon the Commonwealth sent fortie Embassadors to redeeme him, vpon any condition what­soeuer. These Embassadors met the Emperors father, who told them, that he had brought gold to saue his sonnes life, but it was too late, because he was crucified before he came. The Embassa­dors notwithstanding passed on further, they found their Em­peror according to his report crucified, yet not so thorowly dead, but that he said thus vnto them, Beware of Treason: Who at their returne, vpon these words of the sonne, accused his father to haue betraied him, saying:

OVr Emperor hath suffered a shamefull death, and the traitor hath receiued monie for the reward of his Treason? We haue seen this same man more [Page 288] sad to see his sonne pronounced Emperour, then sorrie to behold him taken of his enemies. How was it possi­ble that thou couldest returne alone, being old and o­uerladen with monie, seeing they did take the Empe­ror? Thou hast receiued more monie then thou coul­dest well hide: but that is no great wonder, seeing that in one person thou hast sold both a sonne and an Empe­ror together; Who said vnto vs, Beware of Treason, but alasse he said it too late. Trulie if the enemies had not giuen thee this gold, they would haue taken it from thee as well as from others. This sentence of the Empe­ror (being readie to die) was short, and euen for shame verie hardly vttered, seeing that thereby he accused his father. Why diddest thou escape leauing thy sonne be­hind thee, who was borne to be an Emperour? Surelie for no other cause but that hee hindered thee from be­ing one. His proceeding against his father by lot and e­lectiue voices was done to no other end, but onelie thereby modestlie to shew that from henceforth hee would neither trust thee with the gouernement of the Commonwealth, neither yet ought the same trust thee to gouerne it. Our Embassadors carried gold thether to redeeme our Emperor, and his father brought gold he­ther which hee receiued for selling him vnto the ene­mies. How happeneth it that thou art not dead, or at the least without motion, and as it were crucified with thy sonne? why diddest thou return so speedilie, seeing he was aliue and did yet speake? Certainlie his speech bewraied the Treason, but his silence indeuoring to conceale the same, did better decipher the Traitor, that would not once stay the comming of the Embassa­dors, nor yet returne with them againe. This good Em­peror although hee were crucified, yet left not to bee [Page 289] carefull for the Commonwealth. And therefore he said take you heed of Treason: Behold how he could not conceale the Treason; but like a child hee would not name the traitor. Thou wilt say that compassion vrged thee to depart so quicklie. We would know, seeing thou couldest not haue him aliue, why thou diddest not at the least redeeme him when hee was dead? For neuer was anie enemie so cruell but that he would be moued with a fathers teares, and so great a summe of gold to­gether. This word, Take heed of Treason, signifieth, be­ware least anie without the priuitie of your towne­guards doe come foorth of your cittie, or without the knowledge of the Commonwealth doe goe vnto the enemie, or least anie one doe returne from the General of the enemies loden with gold: Nothing of this wan­teth, in all mens iudgement thou hast done al this, thou wentest forth of the cittie, thou hast ben in the enemies campe, thou art returned thence loden with gold, the Emperor warned vs of Treason, the Embassadors haue disclosed the traitor, all doubt is taken away, consider onlie (O Iudges) who did speake, who now speaketh, and who speaketh not.

Declamation. 74.

ROmulus and Remus being both brethren and twins, were the founders of Rome, and the first Kings thereof, neuerthelesse they were ruled by the aduice of the Senate, who had established a law, that hee which went forth of the citty without leaue of the kings or the licence of the Senat, should bee guilty of Treason and bee forthwith beheaded: Vpon this decree they began to build the wals of their cittie. Where the two Kings being one day both together, and Romulus praising the diligence of the worke­men, saying that they had in a short time raised the walles so high, as they might be well tearmed defensible. Remus to shew the agilitie of his person, or it may be to contrarie his brothers speeches, leaped at one iumpe ouer the wall foorth of the cittie: wherevpon Romulus being greatlie displeased, and exceeding angrie, or rather because loue and rule can neuer abide anie companion, so it may be he hauing long before sought for some occasion, caused his brother to bee suddainely taken, and affir­ming that he was gone forth of the cittie without leaue, hee did by the law condemne him, and made him to be presently behea­ded: Wherewithal the Senat being displeased, accused Romu­lus for killing not onely his brother, but also their King, And thus they say:

WHat good lucke or happinesse may wee hope to reape of our Commonwealth or cittie, seeing that [Page 295] in the beginning thereof, not onlie one twinne brother hath presumed to kill the other, but also the King hath murthered the King. If one hand should cut off the o­ther, one foot tread vpon the other, one eie darken the other, and finallie if all the members would seeke to hinder each other, what benefit or helpe may be hoped for of the bodie? As the man which hath but one eie is alwaies in danger to be starke blind, or as he which hath but one hand, the least hurt which the other hand re­ceiueth maketh the man altogether impotent, euen so wee thought our selues happie to bee free from the like danger hauing two kings, to the end that if the one were sicke, the other might gouerne and aid the Com­monwealth; those dangers which the one might incur for want of foresight, the other might preuent by his forecast, the one being abroad, the other was in the cit­tie, and being not onelie brethren but twinnes, wee ho­ped that they should be inuincible, but alasse the one hath ouerthrowne the other. What punishment then dooth not hee deserue, which hath depriued the Com­monwealth of so great a hope? Who knoweth not that kings are the true guides of the people, and how good or bad soeuer they be, the most part will follow their ex­ample? Vnhappie then are those Commonwealths where the kings are wicked, and especiallie when their chiefest fault is crueltie, which in them is most odious: therefore hath nature framed the drone being king of the bees without a sting, or at the least if he haue one, he vseth it not: if crueltie then be so vnseemely for kings, how much more is it for such as are the first kings, see­ing that they doe instruct and embolden all their suc­cessors to follow their steps; for mans frailtie is more prone to follow the bad then the good: doe wee not [Page 296] know that sharpe lawes are made not to destroy Citti­zens, much lesse Kings, but onlie to bridle the vicious, and by keeping them in aw to assure the vertuous; the text of the law is strict, but the glose is ample, & ought alwaies to tend rather vnto clemencie then crueltie. What would you say if a man (ouercome with a iea­lous care of his countrie) should goe forth of the cittie without leaue to doe some exploit for the benefit ther­of; Ought he to die? Are not the lawes made for the profit and safetie of the Commonwealth? Let vs con­sider to what end the King leaped ouer, was it to goe seeke the enemies? No, but rather thereby secretly to shew, that as he could leape foorth of the cittie at one iumpe, so might the enemies as easilie passe our such low wals; wherefore as hee would neither flatter the workemen, so without gaining their ill will, hee would prouoke them to be more diligent in their labour, and for the same purpose he indeuoured to please both thē & also the assistants in shewing the agilitie of his bodie: O how worthie of commendation is that man which ioineth profit with pleasure, as he did! but wee may say that he in steed of receiuing honour by the people for his reward, obtained cruell death at his brothers hands for his recompence. Seeing the law was by the Senat in­uented, why were not they acquainted with his execu­tion; that so his integritie might haue ben made mani­fest? For that which a king doth cannot bee said to bee done without leaue, so that the people be not hurt ther­by: for in euery lawful act he may take leaue by his own authoritie, wherfore you haue no other excuse, but that the onlie ambition to raigne alone, incited you to kill your brother, murther our King, & hurt the Common­wealth, whereby it appeareth that the greedie desire to [Page 297] rule is void of all pittie or remorse: if we say that hee which parteth from his friend parteth from himselfe, what may be said of him that hath by death sundred his brother from him? Which at one instant was concea­ued with him, who hath remained in his mothers wombe vntill his procreation with him, who was cast forth vnto the beasts, & fostered vp together with him, who hath holpen him to build this citie, to appoint the Senat, and was created King with him; what iudge wil bee then so ignorant which will not say that you ought to die with him? And that you doe wrongfullie vsurpe the time wherein you doe liue longer then hee. Giue rightfull doome then, O you Senators, to the end that he which hath killed his brother without your consent, may no longer tyrannise ouer the Commonwealth.

Declamation. 75.

A Certaine rich man had one onlie sonne, who was of such bad behauiour, that he renounced him, and receiued him againe three times. Lastly, he found him at vnawares in a very secret place of his house, where he was brewing a poysoned po­tion, [Page 301] the father asked him what drinke that was, hee not being able to denie it, said that it was poyson, the which he thought to drinke because hee was wearie of his life: afterwards he threw the poyson on the ground, the father knowing his malice long before, accused him that hee had prepared that poyson for him, saying:

IT is far vnlike that he which in three times being for­saken did neuer make anie shew to bee desirous of death, would now poyson himselfe being both in the good fauour, and in the house of his aged father, whose inheritance hee did dailie expect; but it is rather most certaine, that he being vnwilling to stay for it vntill my death, was desirous to attempt the abridging of my daies. What likelihood was there that he would wil­linglie die, who being suddainly taken, threw the poy­son downe for feare least he should haue been compel­led to drinke it? Why should you think that such a one is wearie of his life that dooth now defend himselfe as much as he can, because he would not bee condemned to death? Those which desire to die, doe goe vnto the warres or trauell by sea, and so die with honor: in deni­eng thy crime thou proouest thy selfe culpable; canst thou denie that thou diddest seeke, find, buy, and bring the poyson into thy fathers house? Vnto whom thou shewing thy selfe an enemie more then a thousand times, hast compelled him against his will to reiect and disherit thee three times, and thinking alwaies by my exceeding mildnesse to ouercome thine extreame ma­liciousnesse, I haue thrice returned to receiue thee with more then a fatherly kindnes, but I perceiue that all the good which is done vnto the wicked, is not onlie lost, but also increaseth their wickednesse: for thou canst [...]

[Page 304] THe law is, that whosoeuer killeth any man, should not be buried at all. Wherevpon a certain rich man of a good stocke happened by some oc­casion to kill himselfe. So that thereby the Ma­gistrate accounted him for a murtherer, and therefore would not suffer him to be buried: but the kinared of the dead man stood against him therein, and said:

IF this poore man had slaine anie one, your rea­son were of some worth, for it might haue ben supposed that malice, hatred, enuie, or some o­ther vice, had procured him to commit man­slaughter, but alasse he hath slaine himselfe being ouer­come with miserie, or els because he had lost his wits: I know not whether of these two accidents were the cause of his fall, yet am I sure that they are not to be im­puted vnto his fault, but he is more worthie to be pitti­ed then to be punished. What greater crueltie can there bee in the world, then not onelie to punish a dead man, but such a one as died miserablie? We cannot but sus­pect that he perceiuing the Magistrate did wrongfullie hate him, hath therefore shortened his owne daies: for if you did not bear him some ill wil what should moue you to goe about to depriue him of that which in the end time will graunt vnto him? For euen those which are hanged doe at one time or other not remaine vnbu­ried; wherefore Diogenes said well vnto his disciples, that demanded of him where he would be buried: lay me (said he) vpon the earth, for the same it selfe will in time burie me: this your rigor then is more preiudiciall vnto vs that liue, then vnto the dead man: if the worst happen, what can you say of him? Or wherewith are [Page 305] you able to accuse him, saue onlie that his great misfor­tune made him to imagine that hee could no way end his miserie but by death? But alasse hee was deceiued, for although he be dead, yet dooth mishap follow him, so as he cannot by his sepulchre hide his shame; where­by it appeareth, that misfortune dooth sooner beat downe the wretched then it dooth the wicked. Surelie considering that which is denied vnto him, I cannot blame him for being wearie of his life; in his death hee hath immitated Cato, why thē ought this man to be vn­buried more then he? In your iudgement then do you thinke that Curtius should haue remained without a se­pulchre, if in his very death he had not found the same, casting himselfe while he was yet aliue into the burning gulfe? Who is more miserable then he that whilest he liueth is wearie of his life? And who is more vnhappie then he that is dead, and wanteth a sepulchre? Is it to be wondered at if this man were willing to die, seeing that for all he shunneth it, mischiefe pursueth him? Na­ture affoordeth a sepulchre vnto all men, yea the sea ca­steth the dead vpon the land to be buried, those which are hanged in chaines, do by little and little slide down into their graues, for in the end they become earth; they which are burned, the selfesame fire that cōsumeth their bodie, dooth burie their bones conuerting them into ashes; others are intombed in the bellies of fishes, and of other land beastes. As it is the office of Magi­strats to persecute murtherers, so likewise ought they to pittie the murthered. If you say that hee which killeth himselfe is a murtherer, you must yet consider that hee hath wronged none but himselfe: it may bee that hee did procure his owne death for feare least he should be constrained to wrong some other, what thing then can [...] [Page 380] example others might bee warned to bee more carefull of their kindred. This law was inuented but onelie to terrifie those who neither feared death nor damnation. Assure you that he would neuer haue died in that sort, vnlesse he had committed some hainous offence, for there is no sin so great but that hee which dare kill him­selfe will be bold to commit.

Declamation. 77.

LVcullus was a Romane Senator, very rich and wealthy in goods, gotten by the warres, who both liued most deliciously, and also spent more largely then any other Roman: but most of all he great­ly loued learned men, and rewarded them very liberally. Wherevpon it chanced that one of his houshold ser­uants was verie desirous to worke some meanes that hee might likewise chuse him to loue him, and the better to effect the same, he prepared a certaine loue drinke, and made his maister to drinke thereof (for that which fooles cannot attaine vnto by vertue, they thinke to accomplish by villanie) but as from follie there neuer commeth anie thing but mischiefe, so happened it by this foolish seruant, for in stead of making himselfe to be be­loued, hee troubled his masters sences, because hee knew not how to mingle his drinke aright. Wherefore the kindred of Lucul­lus brought him into iudgement, and accused him for poyso­ning his maister, whervnto the seruant replied thus:

[Page 309] TRue it is that I gaue him a loue drinke, but not producing such an accident as hath since vnto him happened; and that seruant is in no sort faultie, which as much as in him lieth, seeketh to procure his maisters fauour, prouided that it be not to his hurt: the drinke which I haue giuen him, hath ben tried by manie, and may yet be proued by more, I meant neither to hurt my maisters bodie, nor to trou­ble his mind, seeing that I neuer hoped for any good in the world but from him; but those which gape for his lands after his death, or that desire to haue the mana­ging of his goods during his life, haue taken occasion by this my potion, to giue him some other drinke that vnto his sences hath ben more pernicious, that therby they might both defraud me of my hoped good inten­tion, & also accomplish their wicked expectation: who hath euer heard that to loue ones maister well, and to desire to be beloued of him, should be an offence? and so much the rather, was my meaning lawfull, because I neither haue loued him, nor desired his loue for any co­uetousnesse, but to gaine this onlie good, alwaies to do vnto him most faithfull, most humble, and acceptable seruice; but as there is no word well spoken which is badlie construed, so there is nothing well done if it be taken in ill part, or sinisterly wrested, which is so much the sooner done, because the most part of men do not iudge according to the meaning, but according to the issue of our actions, although he which hath done them bee in no sort faultie. But I beseech you worthie Iudges to consider what reason there is to accuse him for a malefactor who hath giuen the loue drinke, and not once to seeke out or to inquire after him that hath gi­uen the noisome and hurtfull drinke Thinke you if I [...] [Page 312] mous as Lucullus was? What theft can be more mani­fest then in desiring to vsurpe a loue so worthie, being thy selfe in all points so worthlesse? We doe in deed confesse that the seruant is permitted to loue his mai­ster, and by his good seruice to winne his maisters loue, but it is not lawful to inforce the loue of any man, how much lesse then is it for a seruant to constraine his mai­ster? So that as well the intention as the issue of thy deed, appeareth to be damnable; and there is no need to inquire who gaue the pestilent potion, seeing thou diddest it thine owne selfe, and that thou canst not de­nie the same: moreouer, that which thou confessest to haue done is no signe that 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.

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 [Page 314] 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 [Page 315] 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.

Declamation. 79.

A Poore woman hauing but one sonne which was of a red coloured haire, which the Frenchmen doe in a mockerie call the dissembling haire, put her said son to serue a merchant, who within a while carried the child with [Page 318] him into Turkey, who whilest he there remained, there came a Turkish Phisition oftentimes vnto the said merchant, to en­quire whether he would sell the red boy? But the merchant al­waies answered him that he would not, vntil that on a time the boy said vnto him secretly: Maister sell me well, and giue the money vnto my mother to releeue her pouertie, and I will find the meanes to run away, and to escape from him well enough, so that I will returne vnto you or to my mother; the merchant a­greed therevnto, and sold the boy for a certaine summe of Du­cats, hoping to see the boy againe, but within a while after hee was very much abashed when he could see him no more. Wher­fore he demanded of the Turke where the boy was, and intrea­ted him so earnestly that he might see him again, that the Turk hauing brought him into his house shewed him onely the boies head, and all the rest of his quarters boiling in a cauldron, wherewith the merchant was greatly amased, but dissembling his sorrow as much as he could, asked the Turke what he would doe with that child boiled, the Turke answered him that it was to make poyson, and that he hoped to gaine more then ten thou­sand ducats by him: the poore merchant being very sorrowfull, brought the money home with him, and gaue it vnto the boies mother, telling her not without teares the whole truth of the matter, the mother refused the money, and required iustice of him that had sold her sonne, accusing him to be the cause of his death, and these were her reasons:

WHo is more miserable then I? Seeing by the fault of him, with whom I would haue trusted mine owne life, my sonne (being his seruant) was euen in one month sold as a slaue, & then most cruellie slaine: and why was he slaine? Alasse to be not onelie the instrument and cause of the death of manie others, but it may be to serue for the ruin and de­struction [Page 319] of all Christendome; since there needeth but a little poyson to murther those that defend the same: I did lend thee my sonne to doe thee all good and honest seruice, vpon thy promise that thou wouldst vse him as thine owne; I doe aske thee whether thou wouldest euer haue sold thine owne sonne vpon anie condition whatsoeuer? Wouldest thou not haue sent him to trauell abroad, to see the world, and to learn ver­tuous qualities, that he might bee a stay vnto thy age, and a profitable member in the Cōmonwelth? I hoped to haue had the like of my sonne, and the losse ought not to be esteemed anie thing the lesse, because he was sonne vnto a poore woman, for they when they once giue their minds vnto learning or anie other good qua­litie, doe become more vertuous: as for example, Ag [...] ­thocles King of Scicilia, was not he the son of a potter? Viriat king of Portugal, Otto, and Tamberlane Emperors of the East, were all three shepheards: Arsaces king of the Parthians would neuer bewray who were his Pa­rents. Ptolomey the first of that name being king of Ae­gypt, the son of an Esquire, Eumenes one of the succes­sors of Alexander was the sonne of a wagonmaker, Dio­clesian Emperor of Rome was the sonne of a Notarie, Pertinax likewise an Emperor of Rome, his grandfather was a bondman; Valentinian, the sonne of a ropemaker; Proba the soune of a gardener; Aemilius knew not from whence he came; Maximinus was the son of a Mulet­ter, with an infinit number of others of farre baser pa­rentage then was my sonne, that haue ben the honor of all their countrie. Alas must the loue which I did beare vnto my child be measured by thy couetousnes? Doest thou not know that a Turke neuer buieth a Christian for anie good that he wisheth vnto him? And if he did, [Page 320] oughtest thou to allow him to deceiue his maister, and to run away from him? Thou shouldest haue chaste­ned him for inuenting such a villanie; for I did not giue him vnto thee to the end that thou shouldest con­sent vnto his wicked counsell, but that he should be wel counselled and instructed by thee: but I doe very well perceiue, that it is not said in vaine, that couetousnesse is the root of all mischiefe. Cursed be the gold, I will haue none of it, for I know wel that they which wil liue according to the rule of nature, haue no need thereof, and they which will liue after their owne mind, haue neuer inough, of which number thou art one, and that hath caused thee to cast away my son so miserablie, for the which I demand iustice.

Declamation 80.

[Page 322] IT chanced that a father & his son were both conuinced of treason, for the which they were condemned to die, neuertheles as they were readie to bee executed, the Iudges being inclined to mercie rather then rigor, were willing to saue one of them, saying that the griefe which hee should haue that might see his kinsman die, would serue for a sufficient punishment, and to encrease the same, they feigned that the one of them should be the others executioner, & they put it vnto their choice who should be the executioner, and who the partie to be executed: wherefore either of them striued a great while who should be the partie to be executed, but in the end the son agreed to the death of his father, and according to the decree would haue beheaded him, the which the Iudges per­ceiuing, they caused the execution to bee staied, and pardoned the father, and sent for the hangman to behead the sonne, but the father defended him, saying:

YOu ought not, O you Iudges, to pronounce your sentences in manner of a mockerie, or by the am­biguitie or reuocation of them to increase the af­fliction of the afflicted, vnder a coulour of moderating iustice with mercie: if mine offence be not worthie of death, why will you make me suffer many? That is to say, one in seeing the extremitie of the choice wherevn­to you haue put vs, another in contemning my life and offering vp my necke at naught to be cut of by my son, and the third in seeing him to be condemned for being willing to accomplish your sentence? If it bee a cruell deed to see a sonne execute his father that thereby hee might haue his owne life saued, a greater cruelty would [Page 323] it be for the father to kill the sonne? Wherefore O you Iudges you should not haue giuen so cruell a sentence: but can you blame a child if to saue the prime time of his youth, he doe not spare the withered age of his fa­ther, whose yeares are not manie, and they miserable? For to say the truth, age is an incurable maladie; but al­though it were not, yet sure griefe and dispaire would be my destruction: if you haue anie children, consider then what our miserie is? And if you haue none, learn of those which haue them, what the affection of fathers towards their children is? And then may you know that the extremitie of the choice which we haue beene put vnto, without encreasing our miserie, is sufficient to make vs seem more worthie of present pittie thē of fur­ther punishment. Not in vain did Lisander of Sparta say vnto him that found him childishlie playing with his children, I pray thee (quoth hee) doe not disclose this my follie at anie time, vnlesse it be when thou hast chil­dren as wel as I: for that discreet personage did very wel know, that those which haue no children, doe neuer know how great the father and childrens loue is one vnto another, the which doth wax more feruent as our years and age increaseth: wherefore it is no great won­der if my son hath consented to doe that which I could neuer agree vnto, seeing that his yeares are all too yong as yet to vnderstand so wel as I what true affection mea­neth: therefore I cannot beleeue that he whom Manli­us Torquatus caused to be beheaded (to manifest his care in obseruing militarie discipline) could assuredlie be his own son, the which perchance himselfe did well vnder­stand, & for that cause hee found occasion at one stroke to be both reuēged of the mother, in grieuing her with the slaughter of her sonne (the cause and witnesse of [Page 324] his sorrow) and also by the same means to gaine an im­mortall memorie: I say memorie, because such kind of crueltie is not to be tearmed glorie. But how many are there who for want of yeares and discretion haue con­spired their fathers death, and yet haue not beene com­pelled therevnto as this my sonne was, but onlie either for the desire of rule or greedinesse of goods? notwith­standing there was neuer anie father so cruell as to pu­nish his sonne for all that, except Herod that abhomina­ble monster, more cruell then anie brute beast; But Da­uid did not he weepe for his sonne Absolon, by whom he had receaued so manie detestable persecutions, and iniuries? Must there then be a quarrell taken, because I haue ben more pittiful then my sonne? who neuerthe­lesse would not do anie thing without my commande­ment, & by the dutie whcih he ought vnto me, which hath chieflie induced him heretofore to commit that offence for which we are both condemned. Lastlie, rea­son willeth that your last sentence be not reuoked, for no sentēce ought euer to be reuoked to the hinderance or preiudice of such as are to suffer: if one of vs must die, it is I that ought so to doe, seeing that I was first born, and being the elder, I haue offended through ma­lice, but he through ignorance, I willinglie, and he in o­beying me; I then being the onlie cause that both hee and I haue offended, it is requisit that I onlie should die for both our misdeeds: and neuer imagine that my sonne doth for all that escape vnpunished, for as all my miserie shall in my death haue an end, so shall his cala­mitie in liuing together with his yeares dailie more and more increase, as well in grieuing that hee hath offen­ded the Commonwealth, as that he hath ben constrai­ned to kill his father by their commandement, who [Page 325] ought to abhorre the onelie thought of so execrable a crueltie.

Declamation. 81.

[Page 327] THere was in Padua a most cunning Chirurgion, excelling all others of his time, who hauing made wonderfull experiences of his art (for no lesse is the desire of cunning, then is couetous of coine) had also a wonderfull great desire to open a liue man, that he might perfectly know the motion of the heart, wherevpon hee made diuers and sundrie requests vnto the Se­nat of Venice, that they would grant vnto him some condem­ned malefactor, to make therewith this his desired experience, but he could neuer obtaine the same at their hands, for the Ve­netians are by nature not only pittifull, but also somewhat su­persticious. But these refusals did but the more encrease the lon­ging of this Chirurgion: for to say the truth, euery haulty spi­rit are in that like vnto women, who doe for the most part couet after that which they are forbidden to touch. So that hee being still in this rauing or rather longing, there came vnto his doore a poore souldiour, very well proportioned and of a sound bodie, comming newly from the wars, and demanded his almes of the Chirurgion, who caused him to come in, and cherished him se­cretly some three daies after his owne fantasie, afterwards ha­uing brought him downe into a caue, he caused him by certaine fellows hired for that purpose, to be bound vnto a post, and ope­ning him aliue, he saw that in him which he so greatly desired, but as no murther can euer remaine vndisclosed long, so it hap­pened that one of his confederats was taken for some other crime, and being vpon the racke, he amongst other matters, re­uealed the murther which he, his companions, and the Chirur­gion had committed wherevpon they were all taken, and the Chirurgion confessed the fact, saying:

TRue it is most iust Iudge, and you worthie Sena­tors, that I haue ben the death of one man to saue [Page 328] the liues of an infinit number of others, not onelie by the cures which I hope to performe during my life, but by that which I will leaue behind mee in writing after my death: wherefore it may bee said that hauing made an experience so notable and profitable, I haue done worthilie, but hauing killed a guiltles man I haue done wickedly. I confesse it, and would confesse to haue of­fended more hainouslie, if I had not more then once intreated, that to preuent a further mischiefe, I might haue beene allowed to make this triall vpon some con­demned malefactor, the which I was neuer permitted to doe: some one may answere, must you therefore kill an innocent? Or doe that by your owne authoritie, which a whole Senate would neuer allow? Doe you thinke that your authoritie alone is greater, or your wis­dome more then all theirs together? God forbid wor­thie lords, that I should euer presume anie such matter; but I dare & that trulie affirme that it is lawfull for Chi­rurgions to doe many things which is not decent to be allowed by the Senators: nay, they would abhorre to heare it but mentioned; what a thing were it if at all times when a mans leg or arme, or the breast of a wo­man must bee cut off, to saue the rest of the bodie, that first the Counsell should bee moued, or leaue requested of the Senat for the same, would it not bee a horrible matter? And as at Rome heretofore the first Chirurgi­on was stoned by the people; so would they now be­come verie odious vnto the Senators, being vnskilfull of the profit of that art: therefore all things which are odious, but necessarie, ought to be done in the most se­cret manner that possiblie they may be; let not this then be any further reuealed, which for a good intent & vp­on a most iust occasion I haue done secretly: concer­ning [Page 329] the innocencie of him vpon whom this trial hath ben made, there is no proofe nor any certainty thereof, but rather manie presumptions to the contrarie: for first he had a bad countenance, hee came from the wars which is a place wherevnto one goeth to no other end but to kill, or to be killed, he left his captain in the midst of his wars, without either leaue or pasport from him, which is a manifest proofe that hee was attainted of some notable crime, or els is worthie so to be for flying from the field, or not performing such duties as souldi­or are sworne to obserue; for none ought to bind him­selfe vnto anie thing without doing his indeuor to dis­charge the same; He was poor and oppressed with hun­ger, wherefore I may say that his death hath saued their liues whom it may bee hee would haue robbed by the high waies: for commonly those which are idelly brought vp in the wars, doe neuer desire to gaine their liuing by an honest trade or exercise, so that in the end they become fit to furnish the gallows. If then his offen­ces haue induced mee and mooued my mind vnto his preiudice alone, to act that which is for the commodi­tie of many, euery louer of arts, and welwiller of the Commonwealth, will not find this deed so strange as it seemeth in shew to be vnto the ignorant & vulgar sort, but they will rather iudge it to be somewhat commen­dable. To conclude, most worthie Iudge, and you fa­mous Senators, I trust so much in your wisdomes, as it will please you to consider that euery bad act, which is not onely grounded vpon some iust reason, but also which redoundeth to a benefit & profit no lesse whole­some then necessarie for the whole Commonwealth, is turned into a good act, or at the least is sufficient to ex­cuse the authour thereof: and especially when the same [Page 330] happeneth not casually or by chance: but proceedeth of a good, free, and sincere intention as mine may bee tearmed, and as all my actions haue euer beene knowne to be.

Declamation. 82.

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, [Page 334] 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 [Page 335] 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.

Declamation. 83.

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 [Page 338] 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.

Declamation. 84.

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 to remaine there in remembrance of his deceassed father, who had himselfe planted the same. At the last, the rich man seeing that he could not preuaile, did vpon a night set the said tree a fire, which flamed out so vehemently, that therewithall he burned the poore mans house. For which the rich man offered to pay for the tree foure­fold, but for the house he would pay no more then once. On the contrarie the poore man would haue him make a fourefold sa­tisfaction both for the one and the other, saying:

IF you had not maliciouslie set my tree on fire, my house had not ben burned. But what likelihood or proofe is there, that you meant not to burne my house with me and my familie therein, as well as the tree, see­ing that the one was so neere adioining to the other, [Page 341] and that you fired the same in the night season, yea, and that about the time of our first sleepe, which is the dea­dest time of all, watching a fit season when as the wind blew directly toward my house that you might be able to saue your own from harme? Where is iustice? What is become of the laws, seeing that what could not bee obtainted by entreaties, nor effected by threats, is attai­ned by force vnto the daunger of the liues of a whole familie? What doe you call tyrannie, but onlie when a man doth what he listeth, and without reason vseth re­uenge, when no offence hath ben offered? And when that which cannot be wonne with siluer is wrought by fire? If lawes take any place, there is no difference be­tweene the rich and the poore, and as well may the one as the other enioy that which is his owne: you haue large possessions and houses in the countrie as well as in the cittie, betweene your buildings and round about them, you haue meddows, woods, and riuers to delight you, and yet of all these nothing was more pleasant to you then my ruine, in causing me to lose my house; me I say, who onlie could passe no further then this tree: why shal I not say that thy voluptuousnesse and thy de­licacie maketh thee like vnto Nero, who delighted to see Rome a fire? Euen so for thy pleasure thou hast in one houre burned all my patrimonie, and mooueables, as thou wouldest in like sort haue burned vs, had wee not escaped from the fire starke naked. You say that my tree kept the aire from your house, I pray you sir did not your galleries and high wals doe the like by mine and others mens? And your great store of seruants do not they dailie molest vs, vnder the coulor of your great­nesse? And the dunge of so manie horses as you keepe doth not it infect our aire thinke you? You deeme that [Page 344] all these discommodities are nothing at all vnto vs, but yet one poore tree of mine seemed vnto you a whole forrest, my losse is inestimable, seeing that by the saieng of my furious enemie, I haue lost more then he was willing I should. My request is but reasonable, that ei­ther the fire may end with his house that kindled the same, or els that he may make me satisfaction accor­ding to the law.

Declamation. 85.

[Page 344] ALl the Grecians being assembled toge­ther at the port Aulida, to go vnto Troy for the reuenge of the rape of the faire Helena: The sea became a long time so tempestious, that they could not depart thence; whervpon Chalcas their chiefe priest cōsulting with the gods, after ma­ny sacrifices, prophesied that the sea shold neuer be calme vnlesse that Iphiginia the onlie daughter of A­gamemnon, General of the whole armie and brother to Me­nelaus the husband of faire Helena, were sacrificed vnto Di­ana; so that Agamemnon because he would not lose the ho­nour to be the greatest of all the Grecians, consented vnto the death of his daughter, and writ vnto his wife Clitemnestra that she should send her daughter vnto the said place, faining that it was to assure her in mariage with Achilles: shortly af­ter repēting him for the abusing of his wife in such sort, and be­ing sorrie that his daughter should die, he secretly sent another letter, commanding his wife to hide her daughter, that shee might not be taken to be sacrificed: this last messenger was sur­prised by the way by Menelaus, who 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, [Page 345] 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 [Page 346] 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 [Page 347] 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.

Declamation 86.

THe law forbiddeth, that no man should either hurt or hinder the Commonwealth in any sort. Wherevpon it happened, that a man found two infants, who through their parents pouertie were laid abroad and left vnto the mercie of the world. Wherefore he tooke them, and fostering them vp in his owne house, he did wryth and breake the ioints of their armes and legs in such sort, as hee quite maimed and lamed them, to the end that by begging with them he might gaine the money. Which being knowne, he was taken and accused to bee offensiue and hurtfull vnto the Commonwealth. And his accu­ser said in this sort:

ALasse, how miserable are these infants, who haue found one that hath beene much more cruell then he or she that cast them forth. See­ing [Page 351] that with the price of their members they are for­ced to paie for their bringing vp (or to say more trulie) to satisfie the greedie couetousnes of him that faineth to be their fosterer: for if hee had not done it for coue­tousnesse, the verie name of orphants might haue suffi­sed to haue obtained a reliefe both for them and their fosterfather. If those that through anger or malice doe wound or kill a man are punished, What punishment is not this mischeeuous wretch worthie of, who hath done far worse, in making these poore infants for euer miserable? Wherein hee hath shewed himselfe much more vnnaturall then the brute beasts, (if it bee true as Histories report) that in such a necessitie, Cirus Whilom King of Persia, was nourished by a Bitch, and Remus and Romulus first founders and Kings of Rome, by a shee wolfe. O neuer hard of crueltie, when the lame and im­potent are constrained to get his liuing that is whole and sound, who hath not onelie made them vnprofita­ble, but odious and burthenous vnto the Common­wealth! For they serue to no other end then to increase the famine therein, and also in the day of battaile to dis­courage the hearts of most valiant by their lamentable cries and complaints: in like sort it may so happen that some womā with child may dreame of thē in such sort as with the verie fright thereof she may bring forth the like cripples. All that which this lewd fellow can al­leage is, that if he had not beene, these infants had died with hunger; It may bee no: For how manie others might haue found them, that both would haue cheri­shed and brought them vp for the profite of the Com­monwealth? How manie such as they haue become fa­mous warriors, yea and Kings? Whereof Cirus and the two foresaid Romans are sufficient examples: but this [Page 352] vngracious man hath cut off the tongues of some, to the end that without speaking they might be more im­portunate in crauing: seeing then O Iudges that you are pittifull towards cuerie one particularlie, extend your mercie towards these twaine here together: he is aboue all other most cruell, who vnder the coulor of mercie, doth most mischiefe: these poore children are carried about to feasts and publicke assemblies, to beg their almes, where beholding the soundnesse and nim­blenesse of others, their sorrow is the more in seeing themselues maimed: other orphants or castawaies that are sound, are not altogether hopelesse to find their Pa­rents againe, or to be knowne by them, but these wret­ches can neuer be knowne because they were not such when they were left of them. Finallie, it may be allea­ged that it was the greatest mischiefe that could happen vnto these twaine, to be found, and brought vp by this bad man who is the cause of their perpetuall miserie.

Declamation. 87.

A Gentleman of Piemont had a quarrell, or at the least fell into the hatred of a great lord of the same coun­trie: who did one day cause the said gentleman to be taken very secretly, and hiding his face, made him to be carried into the dungeon of his castle, where he remained a prisoner, in such sort as during the space of more then eight yeares, he could nener imagine in what place he remained: the [Page 355] said gentleman before he was prisoner, had likewise a quarrell with two of his neighbors, who were inferiors vnto him in cal­ling, with whom also the said lord was greatly displeased: wher­vpon hee immagined how hee might at one instant cause them both to die, and by the same means quite himselfe from all sus­pition that might bee imagined of his wronging the gentle­man. So that he began to enquire what was become of the said gentleman, and vpon suspition of the enmitie of these two neighbours against him, he preuailed so much by false informa­tions, that the Iustice apprehended their bodies, and either by examiuation or tortures they were inforced to confesse that they had murthered the said gentleman, vpon which their confessi­on, the Iustice caused them to be publikely beheaded: so that eue­ry one did assuredly beleeue that the said gentleman was dead. Wherefore a sonne which he had, being a verie prodigall youth, began not onelie to seize vpon all his fathers lands and goods, but also did riotously wast the same, and in the end sold and con­sumed all; in such sort as shortly after he died in great pouerty. It chanced about foureteene yeares after that the Frenchmen surprised the said great lord in his house, and for because the ca­stle wherein he held this gentleman prisoner was a fort of great importance to be kept for a frontier place, they compelled the said lord to surrender the same vp vnto the King, or his Lieu­tenant Generall, the which he did: and the Frenchmen finding the said gentleman there, suffered him to depart, who like one risen from death to life, went home vnto his owne house, the which he found was sold, and the Iudge which had caused the o­thers to be executed dead: but he pretending to know nothing of all that had happened, required restitution of his lands and goods, saying:

THere is no law that permitteth the sonne to sell his fathers goods during his life. You see that I am not [Page 356] dead, and that I am his father that hath sold you his goods: if you stand in doubt thereof, I wil for your fur­ther assurance shew you euident tokens, and will proue the same by sufficient witnesses: Your light beleefe or want of wit to be better aduised, ought not to be preiu­diciall to me in anie sort. You are not the first that haue made a bad bargaine, and a good restitution: for most commonlie men being blinded with couetousnesse, do casilie beleeue euerie thing to bee true which they de­sire. Caesar imputed this lightnesse vnto the Frenchmen, the which it may bee they haue brought hether vnto you, to make you partakers thereof, but yet for all that I will not lose mine inheritance; restore it vnto me then or els prooue that I am not he whom you know me to be. O you righteous Iudges, I do esteeme you too iust to suffer me to fall from one miserie into another farre more great, hauing not derued it: for not onelie is age an incurable maladie, but pouertie ioined with it, may be tearmed an exceeding mischiefe. From the which worthie Iudges I beseech you to preserue me.

Declamation. 88.

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 [Page 359] 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:

[Page 360] 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 thraldomes? Alasse, Romans banish this vnhappie presaging from vs, and either honour him with a perfect triumph, or at the least despise him not, whom the gods haue ben willing to honour with such a famous victorie. The zeale of the Commonwealth induced him suddainlie to kill his si­ster, who to say the truth, did speake verie indiscreetelie; let then the griefe which hee suffereth for committing such a fact be a sufficient punishment for his fault: doe you not know, O Romans, that we haue no power ouer the suddaine motions of our rage? If there bee anie fault, I am the cause thereof? For as much as I constrai­ned my daughter to goe forth to meet him, without considering that women are not onelie sildome times mistresses ouer their tongues, but also that loue and sor­row [Page 361] can neuer be dissembled. If you will not then suffer this mischance to be vnpunished, let the punishment light vpon me: To the end that the gods be not prouo­ked to reuenge vpon you the wrong which you would doe vnto him, by whose meanes they haue deliuered you: For there is nothing more certaine then that the gods haue a particular care ouer those whō they make conquerors, and doe so miraculouslie preserue in the like dangers. Contemne not him whom the gods haue honoured, neither yet let him die, that hath killed your enemies, and made your lords ouer them; which if he had not ben, would haue ben lords our you all.

Declamation. 89.

THe law commandeth a man to restore whatsoeuer he hath borrowed, but those things which are giuen ought not to be required againe. Whervpon it happe­ned that a man named Aristarchus did lend a cloke vnto Diogenes the Cinique. Within a while after the said A­ristarchus praied him to restore his cloke, but Diogenes could not heare on that eare, wherfore Aristarchus threatened him by law, wherevnto Diogenes answered:

I Know no other law then the law of nature, which commandeth me not to part from that which I stand in need of. If thou then hast giuen me this cloke, why wouldest thou haue it againe? Or if thou diddest lend it vnto me to couer me withall, wherfore wouldst thou take it from mee when I haue greatest need thereof? If thou saiest thou diddest lend it me vntill I had another, I am content to restore it vnto thee at that time? Look then if thou canst find anie man that will giue or lend me a better, and I will restore thee this againe.

Declamation. 90.

DVring the thirteenth militarie Tribuneship, the Gauls came and assailed the cittie of Clusa, who sent for aid vnto the Romancs. They sent the three sonnes of Fabius Ambusta, to persuade the Gauls not to hurt the Clusians being friends vnto the Romans Commonwealth: the Gaules answered that they required nothing but dwelling places, and if the Clusians denied them some portion of their countrie, they would fight with them in the presence of the Embassadors, to the end that they might be iudges of their valor. And herevpon after di­uers other words the battaile ioined: where the three Embassa­dors tooke part with the Clusians against the Gaules, of whom one Embassador slew a captaine, which was the cause that sud­dainly the Gaules gaue ouer the battaile, turning all their ma­lice against Rome, whether they sent Embassadors, requiring that the three Fabij might be deliuered vnto them. The iudge­ment was remitted vnto the Romane people, who insteed of chastising them, made them militarie Tribunes, giuing them [Page 366] the full power of Consuls: wherevpon the Gauls did protest the ruine of Rome, saying:

IT might haue sufficed you O Romanes, to haue sent your Embassadors to dissuade vs from the warres en­terprised against the Clusians, without employing the said Embassadors against vs, for you shall confesse one of these three, that either you are our friends, or neau­ters, or els our enemies: if friends, you ought to aid vs, if neauters, not to hurt vs, and if enemies, to defie vs, be­fore you fight against vs. If you esteeme vs to bee Bar­barians, in that we are strangers, and because we are not like you in eloquence? Yet are we not to bee iudged al­together void of reason, or such as haue not the wit to discerne what is right and what is wrong. Moreouer, wee know verie well that those which are sent to per­suade peace, ought not to kindle or increase warre. You sent Embassadors to persuade vs vnto peace, who on the other side not only incouraged our enemies against vs, but they themselues fought with all violence: What Treason can be more great, then to faine one deed and doe another? If you did send them to fight against vs (as it is to bee presumed, hauing sent three brethren, yoong men and valiant in arms) you cannot denie but that you deserue all the mischiefe that we are able to do vnto you? If they did fight against your meaning, as­sure vs thereof by sending them vnto vs; That we may know who moued thē (forgetting the dutie of Embas­ssadors) to vse hostilitie against vs, for in doing other­wise, you shall not onlie prouoke our anger, but the iust vengeance of the gods against you, of whom wee shall bee the cruell ministers. And think not that for want of power, or courage we haue left Tuscane to come vnto [Page 367] Rome, but onelie to let you know that it is not for the Romans to command the Gaules, much lesse to offend them in anie sort; but rather to fauor them in their de­seignes, that they might haue good neighborhood and friendship with such a warlike people: or in doing the contrarie, to trie what aduantage they haue in warlike Prowesse ouer euerie other nation: Wherefore O you Romanes either resolue to deliuer vnto vs the three Fa­bij, or prepare you to the fight, and although your for­ces are as feeble as your courages are faint (if such Trea­son be harbored amongst you) yet faine your selues to be other then you are, to the end that our victorie may not be altogether without glorie; for we protest, that if our demand bee not accomplished, wee will ouerrun your cittie, race downe your houses, lay your temples and wals flat with the earth, in such sort that after ages shall aske where Rome stood, when as they shall see no memoriall thereof left: for it is the iust iudgement of the gods, that vtter ruine should fall vpon those, who doe offend vnder the coulor of friendship.

Declamation. 91.

AT such time as the law was not so strict against those which by all the meanes they could sought to inioy the loue of Nunnes, a yong youth came in the habite of a [Page 371] maiden into a Nunnerie, and made himselfe a Nunne, to ob­taine his pleasure of one whom he loued in the same cloister: af­ter he had obtained his desire, and remained there some time in great delight, he was at last discouered; wherevpon the bishop would haue constrained him to become a religious man of the same order, which he had made profession of in the habite of a woman, the youth appealed from the same sentence, saying:

EVerie lawfull vow ought to be voluntarie, where­fore you cannot constrain me to enter into religion against my will. You say that I haue made a vow alrea­die, I referre it to your iudgement, whether being a man, I might become a Nunne? If such a vow be law­full, then let me bee still a Nunne: If it bee not lawfull, then is it of no force, and so consequentlie I am thereof freed, or at the most, to bee punished in such sort as by the law it shal be appointed, if there be any law that ma­keth mention of the like fault: and if there bee no law that maketh mention thereof, it is a token that whatsoe­uer I haue done is no crime, for there is some law ap­pointed for euerie fault: for as lawes are made for the good of the Commonwealth, euē so those that offend them not are not punishable: as for me, I beleeue that I haue in no sort offended them, hauing charitablie relie­ued her that had need of my helpe, considering the frailenesse of my flesh, which might haue induced her to doe worse then a thing incident to nature; yea, and to the great reproch of religion, shee might haue found the meanes to flie away from the Nunnerie contrarie to her vow and promise: likewise, it is to bee conside­red, that those faults (if faults they may be called which are through loue committed) are more excusable then punishable, because they are done but for loue, and to [Page 372] encrease humane generation▪ besides that the most phi­losophers doe say, that louers are fooles, and others af­firmed that they are blind: what reason were it then to punish a foole, or such a one whose vnderstanding is blind? Who knoweth not that they are more worthie of pittie then punishment? Nay who knowes not that loue hath alwaies his abiding in the noblest hearts, and compelleth the most obstinat to follow him? Further­more, the distance of places is not able to seperate that true loue which of long time hath ben imprinted in the hearts of louers, for as he that doth loue feruentlie doth sildome or neuer forget it, so ought youth to bee excu­sed for doing but their kind: for that which in matters of loue is lawfull for yoong men to doe, is vnlawfull for old men to desire; Wherfore it may be said, that as vn­happie is it for a yoong man to be without loue, as it is for an old man to be in loue: and the more worthie the thing beloued is, the more vehement is our desire ther­of; therfore the desert of her whō I loue, hath brought me to this extremitie: to counterfait a sex inferior vnto mine, the which I would for no other thing haue done, but hereby it appeareth, that the louer liueth in the thing beloued, and that he is dead in himselfe; so that I was constrained to find out this inuention, to approch vnto her in whom I liue: for water farre of, doth neuer quench fire hard at hand: the planets doe chieflie com­pell vs to loue, therefore doth Venus shew her selfe to be more strong then Mars: and that which is more, no other law then that of nature can be giuen vnto louers: for it seemeth that loue is a diuine and humane essence all in one subiect, wherby it happeneth, that true louers are most apt to sustaine great trauailes, for loue is no o­ther thing thē a contemplation of the thing beloued, [Page 373] but the louer is such as the thing beloued is, therefore was I inforced to become such as my mistris was. Last­lie, being constrained by all these abouesaid reasons, I am more then excusable, for of all the parts in a mans bodie, the heart is the noblest, and the noblest part of the heart is loue: therfore it may be verie well affirmed, that he which knoweth not how to loue well, hath a bad heart. To conclude, it must be considered for what intent vowes are made, as for mee I made mine to the intent that I might bee neere vnto my best beloued; in seeking to depriue me of this intention my vow should be broken, and if it be so, I will make no other: but you cannot say that it is all one vow, seeing that there is great difference betweene the obeying of a man, & the seruing of a woman, & religious men ought to be lear­ned, and to haue such other perfections whereof I am not capable; whereas amongst religious women obe­dience onlie with humility is sufficient, for which cause I will not make anie other vow then that which I haue made: but as I said at the first, I submit my selfe to bee iudged according to the law, beseeching that the glose thereof may bee as farre from crueltie, as it is fittest for men to vse clemencie.

Declamation. 62.

[Page 377] IN the time of the Emperour Charles the fifth, the Spanish souldiors that were in Scicilia, rose in a mutenie, and com­mitted a thousand mischiefes, whereof the least deserued the halter: wherevpon Don Ferrand of Gonsagne, brother to the Duke of Mantua, (who had alwaies ben emploied by the Emperour, in chiefest places of command) appeased them, paying them part of that which was due vnto them: afterwards he caused them to be embarked to carie them (as he said) to Genoa, they being all embarked, he carried them vnto certaine desert Isles, where he made them to goe ashoare, faining that he would there take the muster of them, and make an end of paying them: but when they were all in order a good why in the Island, hee found the meanes to cause those to retire vnto the Gallies, whom he meant to saue, and afterwards he set saile, and departed, leauing the rest of the souldiours there, who for the most part died all with hunger: for which fact Don Ferrand was accused vnto the counsell of Spain as followeth:

IF discretion might be giuen as well as dignities are granted, we should not now need to de­mand his death, who hath depriued the liues of a number that were seruitors to Caesar as well as he, and no lesse seruiceable: the which he would ne­uer haue done, if he had considered that neither he nor anie other could haue that honor to be Generall of an armie if the souldiors did not freelie determine to serue their Prince, and follow the warres, especiallie, if they would altogether with one mind refuse so to doe: but hence commeth the mischiefe, that those which haue not first learned to be controlled, do neuer know right­ly [Page 378] lie how to commaund? Wherefore Hannon said well when Hasdruball commanded in Carthage, and Hanni­ball was to be sent into Spaine, being verie yoong; It were better (said he) that this yonker tarried here in the cittie to learne how to obey lawes, then to teach him so suddainlie to command in a forraine land. Likewise, we are to consider what was the end of Pompey, who following the faction of Silla, was sooner made a cap­taine then a souldior: euen so those of our time which are noblie borne doe command, before they are able to discerne peace from warres, the friend from the foe, good from bad, and reputation from reproch; where­vpon it chanceth, that as Hanniball was the cause of the ouerthrow of Carthage, and Pompey the decay of the Commonwealth of Rome, so these captaines made in hast presuming ouermuch of their own courage, might impaire the prosperitie of Caesar, if his fortune together with his vertue were not inuincible. But yet there is a­nother mischiefe, which is, that Iralie (which may bee tearmed the churchyard of Spanish souldiors) bringeth foorth few men which are well affected to the Spanish nation: who to say the truth, being worthie men, are also somewhat haultie minded, the which the Italians doe attribute vnto their pride, which is the chiefest cause why they doe for the most part hate them: wee will not be inquisitiue whether heretofore Don Ferrand hath been the cause of the death of a number of other Spaniards, but we may well say that he hath made those (whom hee left in the desert Island) to die the cruellest death that might be imagined, without anie iudge­ment, Counsell, or consent of Caesar, as if men were nur­sed and brought vp for nothing. Surely, it should seeme that he did not see what paines was taken in Spaine to [Page 379] assemble such a number of souldiors together, what stir there was to embarke them, how hardlie they crossed the seas, and what time was spent in disciplining them for the warres, all which things was not done without great charge and expence vnto the Emperour, and the daunger of their owne persons; and they were no soo­ner deliuered ouer to Don Ferrand, thorowlie furnished and readie for the warres (as if they had sprung forth of the earth in one night, like vnto Mushromes) but that he did presentlie thrust them not onlie into all the grea­test dangers that might be, when as manie times there was no great occasion: but also because he would be reuenged for the faults of some few of them, he hath done them all vnto the cruellest death that he could in­uent. But wee would demaund of him how it could be possible that they should be all culpable, and whether they were all authors of sedition? For that is not onelie hard, but impossible: had it not beene better then for him to haue punished the authors, that therby the con­senters might haue beene terrified or chastised, and the good cherished and maintained? Or if he would needs haue had them to die, could hee not haue sent them forth vpon the foe? Where reuenging their death, they might at the least haue weakened his forces. We read indeed how the Romans tithed their mutined souldi­ours, and vsed other like punishments, but it was neuer seen or heard that they put them all to death; and espe­ciallie in Spaine vnder the conduct of Scipio, where there was not onelie a mutenie, but also Vmbrius Atrius, and Calemus Albius tooke vpon them the authoritie of Consuls by the agreement and at the instance of the souldiours, yet were none punished but the authors of the deed, and the rest were paied, emploied, and [Page 380] allowed for good souldiours, not because the Romans had not as good meanes to send other souldiours from Rome into Spaine (and better then wee haue now to send out of Spaine into Italie) but this was the reason: the Generall was a Romane, and he not hating the na­tion, was onlie contented to punish a few of the offen­ders, & by the seueritie of that exemplarie punishment, to terrifie and feare the rest: for it is verie certaine, that those which are threatened doe liue better then those which are punished, for the punishment being done, the feare is past, and oftentimes it engendereth such a malice, as maketh them to commit farre greater faults then the first; as (it may be) the effect shall bee seene by those which by some meanes may chance to escape from those Islands: doe but imagine if there had but a few ben punished, what dutifull men those which had ben pardoned would haue prooued, to shew that they were worthie of pardon, and to cause their passed of­fence to be forgotten? But yet if all this could not haue moued him to spare them, yet should hee haue done it because it is so difficult a matter to draw verie often manie men foorth of Spaine, where there is no great store, as also for the great treasure that is needfull to le­uie and conduct them, which is alwaies a great charge both vnto the countrie and the people: but what care haue the Italians thereof, being borne farre from Spain, and naturall enemies to our nation because they are more valiant then anie other? for which cause as I haue said alreadie the Italians call them prowd, as if a great fire could be without some smoak. And consequently it may appeare that although some Italians doe serue Cae­sar, yet are they neuerthelesse mortall enemies to the Spaniards: for they being indeed as prowd as they are [Page 381] cruell, cannot abide this worthie and valiant nation: for proofe whereof, what crueltie (ioined with pride) was there euer more great then this of Don Ferrand, who hath not at the least spared those, who would haue be­stowed their liues for the safetie & defence of his? But he hath likewise caused the innocent to perish together with the offender; he doth plainlie shew that he (accor­ding to the example of Nero) would desire that al Spain had but one head, that he might cut it off at one blow: therefore must wee for an example preuent by punish­ment, such minds no lesse dangerous then diuelish, to the end that other strangers being captains in the wars, may hereafter consider, that oftentimes such a number of men may either keepe or win a Prouince, but the dead can fight no more; and manie times for want of men there may sundrie good occasions bee lost, to the preiudice of Caesars greatnesse, and to the hinderance of all Christendome. I passe ouer the causes that cap­taines doe most commonlie giue vnto their souldiours to mutenie, one whiles because they are not paied as well as they, and otherwhiles when they detaine the best part of their contributions and other booties that ought to bee giuen vnto them; remembring not that the souldiours doe with the price of their blood often­times buy those victories, whereof the Generals reape the honour and profite; neither will acknowledge how by their malice, ambition, and auarice, the victory is oftentimes foreslowed, or vtterly lost, most common­ly to the detriment of the profit, honor, and life of the poore souldiors: and therefore to conclude, I say that they are right captaines who doe attaine therevnto by degrees, and by their valor, and those will beware how they commit anie such cruelties like vnto this which [Page 382] Don Ferrand hath committed, for the which we require that iustice may be executed.

Declamation. 93.

MArcus Claudius Marcellus, and Ti­tus Valerius being Consuls in Rome, many of the chiefest did die, and all of one disease. Wherevpon it happened that a seruant or bondwoman aduertised the Senat that many of the Noble women of Rome were busied in making of poy­son; the which they gaue vnto men as occasion serued them, & amongst others, Cornelia and Sergia both nobly borne, were [Page 388] accused and found distilling the said poysons, who denying the same verie firmely and stoutly, the slaue requested that they might prooue their innocencie in drinking the waters distilled by them, but they refused so to doe, one of them saying:

GOd graunt that my deuination be not true, yet who will not beleeue, that some great alteration dooth threaten the Commonwealth, Seeing that slaues (natural enemies to the Romane cōmonwealth) are not only permitted to accused the Noble Matrons, but also are suffered to iudge them according to their owne fancie; saying (and that in the presence of the Senat) drinke of the water which you haue distilled if you will not be accounted faultie? But what would in­sue then if it were so, (as all this wicked generation of slaues haue their priuate meetings and conference to­gether) that they had persuaded our slaues to put some poyson secretly into our distillations, seeing that there must be some time to performe the same? In drinking the same, should not we therby lose both life and honor together? And if it should otherwise happen, that the water did vs no hurt at al, what could this mischeeuous wretch lose, seeing that not so much as her life is her owne, but at the will and discretion of him or her that hath bought her? And yet neuerthelesse, we should not let to be the spectacle and by-word of the people. For the desire of a vild slaue, our innocencie shall be alwaies suspected, and that chiefly amongst the common peo­ple, who doe sooner conceiue an euill then a good opi­nion; then being once imprinted in their braines, sil­dome or neuer is the same banished, But who would euer haue beleeued that the Senat could haue beene so vnaduised as to admit the like accusations, or to cause [Page 389] two Noble Matrones to appeare in iudgement at the only instance of a person vnworthie to liue? Surely any man of good iudgement will be amased therat, but the vnwise will euermore haue an ill opinion of vs: where­fore (our honour saued) we were better die then liue, for what may be cōmendable in a woman except her good reputation, which surely is more worth vnto her then a­ny other riches or felicities? Behold vnto what extre­mitie we are brought, as wel by this wicked woman, as by the indiscretion of the Senat? Who doe not consi­der that although poyson be distilled, yet can it not bee any crime; No more then it is a fault to forge a sword, to make a bow and arrows, or to spin a halter? all which may more easily be the instruments of death then poy­son. But shew mee what law forbiddeth the making or distilling of poyson? What skilleth it then if we haue made deadly waters, to vse them our selues vpon a ne­cessity, for the preseruing of our chastetie, if the cittie should chance to be surdrised by enemies, or by falling into any other accident? Shal we be therefore accoun­ted malefactors? How many waters and other com­pounds doe we make that are hurtfull to drink, as well to preserue and increase our beautie, as also for other matters no lesse secret then necessary? The which we would not reueale for any thing▪ For euery modest wo­man had rather die then reueale the infirmity of their sex. And yet neuerthelesse it seemeth that we should be constrained publikely to reueale that which nature her selfe hath concealed, to the end it should he kept secret: O miserable world wherein we are borne, seeing that so little respect is had of vs, and that the Senat is so fond, not onlie to giue eare vnto the enemies of the Roman Commonwealth, but also to giue credit vnto their slan­derous [Page 390] reports: but what if any slaue had accused Bru­tus to haue beene consenting to the practise of the con­spirators? Should it haue ben beleeued, because his sonnes were of that faction? Should not the accuser haue ben executed on the crosse? And yet neuerthe­lesse it is agreed that this wicked slaue must commaund vs: yea, and the Senat alloweth her commandement. But what will not these carians presume, to inuent a­gainst their mistresses? And therefore O you Senators you shall at one time or another abide the penalty for the ouergreat credit which you haue giuen vnto their leasings: for it is most reasonable, that those which fa­uour the wicked, should perish by their hands. Are you yet ignorant that so many slaues as there be, so many e­nemies we haue in Rome: and yet the Senat permitteth the wickeddest wretch of that generation to persecute the honour and life of the Romane Matrons, being but of late most worthily fauoured and priuiledged, for their vertue and prudence. Lastly, there is inough said of a thing so vniust as this vild wretch is, who dooth of her owne accord condeme her selfe.

Declamation. 94.

[Page 393] AN Earle of Flanders named Baldwin, and surnamed Apquin, was a very iust Prince, and kept a great court. Whervp­on it happened that certaine Merchants being Iewellers, came to visit him, and they sold him certaine Iewels, aterwards departing from thence, they were pursu­ed and robbed by foure Gentlemen, in great fauor with the Earle; who being accused by the said Mer­chants, and they not being able to denie the deed, the Earle was in such an exceeding rage, as hee swore that hee would not sleepe before he saw them hanged by the necke: but the goods being restored vnto the merchants, many lords and ladies came to in­treat for the gentlemen being prisoners, vnto whome the Earle after long sute and much intreatie, gaue some good hope. After­wards before he would goe to bed, hee caused the prisoners to be brought into the hall, and made foure towels to bee fastened to a beame, vnder the which hee commanded a table to bee set, then hee said vnto the prisoners, You know the oath which I haue made, wherefore I will fasten these towels about your necks, then each of you list or draw vp your legs in such sort, as I may say that I haue seene you hanged: and afterwards setting your feet downe againe vpon the table, you may vntie the towels, and say that my oath is accomplished, but another time bee better adui­sed. The prisoners did the Earles commandement, who seeing them well fastened to the towels, threw the table to the ground, and leauing them in that sort hanged, he shut the hall dore, where, at the last they were strangled of themselues: but their kinsfolke accused the Earle before his Soueraigne Lord the French King, saying:

[Page 394] IF your Iustice and mercie most redoubted So­ueraigne, were not equall to your greatnesse, in vaine should we haue recourse vnto your ma­iestie, to haue right of your vassall our Earle; who conuerteth Iustice into crueltie, and especiallie a­gainst his gentlemen, who for their vertue and valor are odious vnto him, the which hate springeth of no o­ther cause, but onlie of a feare which he hath, that they will not alwaies endure his cruelties. For cruell men are naturallie cowards, and consequentlie subiect to feare, which proceedeth from the sting of their owne consci­ence that doth secretlie and continuallie accuse them: now how sarre vnbeseeming cowardise and feare, is for the nature of a French man, the taking of Rome, and winning of so manie Prouinces, as well in Italie, as in Greece, Spaine, and other countries doe witnesse; and the rather, because this warlike Nation could neuer be subdued by the Romans, nor by anie others, had it not ben for Ciuile discention amongst themselues. So that it seemeth that the men of this Nation chieflie the gen­tlemen, and chiefest of all he which ruseth, being nei­ther hardie nor couragious, degene [...]eth frō the wor­thinesse of that Nation, and so consequentlie maketh himselfe vnworthie, as being vild and abiect, the which may be seene by our Earle (if he may be so called that is an enemie of Nobilitie:) for what act can be more vild in a great lord then to vsurpe and take vpon him to exe­cute the hangmans office, and with his owne hands to hang the gentlemen of his train for a light fault, which may rather be called a tricke of youth? In Spain a man shall verie hardlie find one amongst the theeues in pri­son, which would promise to be a hangman fiue years, [Page 395] to saue his life: Nay, in euerie countrie there are none of that office but such as are murtherers or theeues. How odious then ought that office to bee vnto a free man; but more vnto a Nobleman, and most of all vnto a Prince of a countrie? who ought to be a spectacle vn­to all men, and a true patern of Nobilitie? And so much the more odious is this fact, because those that are com­mon hangmen, doe execute none but such as are con­demned, but these men were hanged before they were condemned; If our Earle will not affirme, that hee was both accuser, Iudge, and hangman altogether: and that which was worst of all, hee put them to death without confession, not suffering them to haue onely so much leisure as to vnburden their consciences, but euen vn­der the coulor of sauing them, he hath slain them. Fla­minius was accused of the Romane Censors, because he being Praetor in Gaule, caused a malefactor to be be­headed before him whilest he was at supper, and our Earle thinketh that hee hath not done amisse to hang three Gentlemen betwixt his supper and his bed time, a thing far differing from the clemencie required in a lord so great; for euery lord that ruleth a country ought to take example by the Princes of the bees, who either haue no sting at all, or if they haue anie, yet do they not vse it. Finally (if it please your Maiesty) we are not alone wronged by this fact, for your Maiestie hath lost foure seruants, who if need had beene, would not onlie haue imploied their wealth and their liues for your seruice, but also might haue induced many others to doe the like: for a valiant Gentleman draweth mens hearts af­ter him. The Commonwealth doth lose therby, losing those who either for your Maiesties seruice, or the countries safetie, might haue ben conducters or leaders [Page 396] to the rest. Moreouer, by such liberal and noble persons diuers men doe gaine their liuing, and others increase their wealth, but alasse all this notwithstanding they are dead, not by right, but by the Earles rigor, who was a­fraid least Iustice should haue ben done vnto them: but who would not tremble in hearing it onelie repeated, that an Earles hall hath serued for a prison, his table for a ladder, the beame for a gibbet, and he for a hangman? And yet the same is happened, and hee himselfe dooth boast therof, for such is the custome of those which re­semble him, that of vice they make vertue, which is the greatest mischiefe that can happen in a Prouince, and chiefly when the same commeth from the Prince. Had it not ben most reasonable first to haue known whether the fault was committed, and what was the cause, with the rest of the circumstances therof? And then to haue proceeded lawfully and rightlie against the offenders? But it seemed that the Earle was afraid that hee should not haue found neither sergeant, prison, Iudge, hang­man, ladder, halters, nor gallowes to execute these gen­tlemen: for which cause he desired that all these fore­said mischiefes should bee found in his hall and in his person. A man may say that I speake with small respect vnto my lord, but we protest, that from henceforth we will neuer so account him, and if wee cannot obtaine from the King the hoped remedie of our due reparati­on, we make a vow that we, our children, parents, kin­dred, alies, friends, and whosoeuer els dependeth vpon vs, will rather goe dwell amongst the Scithians or anie other more cruell nation, then we will remain any lon­ger vnder the gouernment of a man so infamous.

Declamation. 95.

[Page 401] A Iew vnto whom a Christian Marchant ought nine hundred crownes, would haue summoned him for the same in Turckie: the Merchant because he would not be discredited, promised to pay the said summe within the tearme of three months, and if he paied it not, he was bound to giue him a pound of the flesh of his bodie. The tearme being past some fif­teene daies, the Iew refused to take his money, and demaunded the pound of flesh: the ordinarie Iudge of that place appointed him to cut a iust pound of the Christians flesh, and if he cut ei­ther more or lesse, then his owne head should be smitten off: the Iew appealed from this sentence, vnto the chiefe iudge, saying:

IMpossible is it to breake the credite of trafficke amongst mē without great detriment vnto the Commonwealth: wherfore no man ought to bind himselfe vnto such couenants which hee cannot or wil not accomplish, for by that means should no man feare to be deceaued, and credit being maintai­ned, euery man might be assured of his owne; but since deceit hath taken place, neuer wonder if obligations are made more rigorous & strict then they were wont, seeing that although the bonds are made neuer so strong, yet can no man be very certaine that he shal not be a loser. It seemeth at the first sight, that it is a thing no lesse strange then cruel, to bind a man to pay a pound of the flesh of his bodie, for want of money: Surely, in that it is a thing not vsuall, it appeareth to be somewhat the more admirable, but there are diuers others that are more cruell, which because they are in vse seeme no­thing terrible at all: as to bind al the bodie vnto a most lothsome prison, or vnto an intollerable slauerie, where [Page 402] not only the whole bodie but also al the sences and spi­rits are tormented, the which is commonly practised, not only betwixt those which are either in sect or Nati­on contrary, but also euen amongst those that are all of one sect and nation, yea amongst neighbours and kin­dred, & euen amongst Christians it hath ben seene, that the son hath imprisoned the father for monie. Likewise, in the Roman Commonwealth, so famous for laws and armes, it was lawfull for debt, to imprison, beat, and af­flict with torments the free Cittizens: How manie of them (do you thinke) would haue thought themselues happie, if for a small debt they might haue ben excused with the paiment of a pound of their flesh? Who ought then to maruile if a Iew requireth so small a thing of a Christian, to discharge him of a good round summe? A man may aske why I would not rather take siluer of this man, then his flesh: I might alleage many reasons, for I might say that none but my selfe can tell what the breach of his promise hath cost me, and what I haue thereby paied for want of money vnto my creditors, of that which I haue lost in my credit: for the miserie or those men which esteeme their reputation, is so great, that oftentimes they had rather indure any thing secret­lie then to haue their discredit blazed abroad, because they would not be both shamed and harmed. Neuer­thelesse, I doe freely confesse, that I had rather lose a pound of my flesh, then my credit should be in any sort cracked: I might also say that I haue need of this flesh to cure a friend of mine of a certaine maladie, which is otherwise incurable, or that I would haue it to terrifie thereby the Christians for euer abusing the Iewes anie more hereafter: but I will onelie say, that by his obliga­tion he oweth it me. It is lawfull to kill a souldior if he [Page 403] come vnto the warres but an houre too late, and also to hang a theefe though he steale neuer so little: is it then such a great matter to cause such a one to pay a pound of his flesh, that hath broken his promise manie times, or that putteth another in danger to lose both credit & reputation, yea and it may be life and al for greife? were it not better for him to lose that which I demand, then his soule, alreadie bound by his faith? Neither am I to take that which he oweth me, but he is to deliuer it me: And especiallie because no man knoweth better then he where the same may be spared to the least hurt of his person, for I might take it in such a place as hee might thereby happen to lose his life: what a matter were it then, if I should cut of his priuie members, supposing that the same would altogether weigh a iust pound? Or els his head, should I be suffered to cut it off, although it were with the danger of mine owne life? I beleeue I should not; because there were as little reason therein, as there could be in the amends wherevnto I should be bound: or els if I would cut off his nose, his lips, his eares, and pull out his eies, to make of them altogether a pound, should I be suffered? Surely I thinke not, be­cause the obligation dooth not specifie that I ought ei­ther to chuse, cut, or take the same, but that he ought to giue me a pound of his flesh. Of euery thing that is sold, he which deliuereth the same is to make waight, and he which receiueth, taketh heed that it be iust: see­ing then that neither the obligation, custome, nor law doth bind me to cut, or weigh, much lesse vnto the a­boue mentioned satisfaction, I refuse it all, and require that the same which is due should bee deliuered vnto me.

Declamation. 96.

AT such time as the Grecians assembled them­selues together to goe vnto the warres of Troy, Vlisses King of Ithaca because he would not go thether, fained himselfe mad: and the better to colour his deceit, he himselfe held the plough til­ling of a barren peece of land, but Palamedes verie well per­ceiued his subtiltie, and to make it knowne vnto the rest that were sent, he tooke yoong Telemachus, the only sonne of Vlis­ses and Penelope, and laied him in the way where the horses and plough which Vlisses did driue should passe, who turning the horses aside because he would not hurt his sonne, his dissem­bling [Page 407] was discouered, and he constrained to goe vnto the warres with the rest of the Grecian Princes. Wherefore they being at the siege of Troy, Vlisses the better to bee reuenged of him, found the meanes to burie a certaine quantitie of gold vnder the tent or pauillion of Palamedes, at that corner which stood next vnto Troy. Within a while after he accused him, saying that he had receiued treasure from the Troians to betray the Grecians. After long disputations and much arguing, the hid­den gold was found. But yet Palamedes did stoutly defend himselfe against the accusation of Vlisses, who said thus:

O Immortall gods, O heauen, O earth, and you other Elements, O you planets and starres, true witnesses of my iust sorrow, and you men partakers of this great mischiefe, (if it had not ben discouered) giue eare vnto the words, which vnto my great griefe I am constrai­ned to vtter. Who would euer haue thought that anie of the Grecian princes had had so vild a heart as that he would for gold seeke to betray his companions, to­gether with their allies and subiects? but alasse contra­rie to the expectation of all, the same is entred into the heart of one onlie. O gods, our conseruors, I render vn­to you immortall thanks, for bringing me (in a manner against my will) vnto these warres, seeing that I must be your instrument to saue all this armie, pretending to performe a most iust cause, and yet neuerthelesse betrai­ed by one of the princes thereof. It is not said in vain, that those which serue the gods, doe by their grace ob­taine wisdome, and become familiar with them; euen so I, who from my youth haue beene so happie as to ad­mire, contemplate, and honour their deities, haue recei­ued this recompence therefore, as that my heart dooth most commonlie foretell me what mischiefes shall en­sue: [Page 408] therefore I was in doubt to come vnto this warre, seeing that I did as it were perceiue that all the armie should be in danger to bee lost by Treason: but it hath pleased the gods to make me the meanes to disclose the traitor; but must I tel who it is? Yes surely, for our coun­tries weale is to be preferred before all friendship, pro­fit, or any other benefit: Wherefore I protest vnto the gods, and before this honourable assemblie, that if mine owne sonne were partaker of this Treason, & none but my selfe did know therof, I would not only accuse him, but I would also cast the first stone at him to stone him to death, as well for my countries safetie as for because he had in such sort stained our stock: neuerthelesse no­ble princes and you Grecian people, I beseech you for the reward of this my seruice, that he whom I shall tru­lie name may serue for an euerlasting example of the Grecians clemencie by sauing his life, the which a­mongst great princes is nothing so much esteemed as honour: for the remembrance of his fault will be a pu­nishment seuere inough, and the granting vnto him his life, will inforce him to employ the same to achieue some notable act, thereby to extinguish the memorie of his passed lault, so that your pittie shall bring you a dou­ble frute, that is to say, profit, and glorie. Grant then my request O you Grecians, whereof I am not vnworthie, considering the maniefold good seruices which I haue done for you, by the which I doe coniure you, as also by those which I may hereafter performe, if you doe bind me by this gracious fauour which I doe intreat of you. Alasse, I perceiue you are all silent, but I know not whether it is because you are astonished at the strange­nesse of the matter, or els (which the gods forbid) be­cause none of you wil condiscend vnto the intercession [Page 409] which I make for him whom you doe not yet know? If you will not whollie graunt my request herein, yet at the least assure me that the chastisement shall not bee e­quall to the crime, but that the rigor of law shall be mit­tigated by lenitie. You make no answer at all, Grecians, wherefore I feare me least this danger wil draw you vn­to ouer great rigor: surely the fault is great, but in par­doning the same your mercie shall bee the more estee­med, for it is a common thing to pardon smal offences, and it behooueth those that are noble and great men to pardon those faults as are of great importance such as this is; Trust me, if you continue your silence anie lon­ger, you will prouoke me also to hold my peace, for as I would be glad to saue the whole armie, so would I bee sorrie to cause the death of anie of the princes. But I plainlie perceiue that I must take your silence as a token of your consent, and so consequentlie that the zeale of the Commonwealth and the safetie of all you, ought to be preferred before the assurance which I require: mark then my words well without passion, which I feare to bee too true: It is so that some of our secret friends which are in Troy (whom I would not credite, if I did not thorow lie know their integritie) haue assured mee that Palamedes during these ordinarie skirmishes, hath vnder the coulor of fighting with the enemies, contra­cted with them to burne the Grecian Nauie, to the end that the armie being void of all succours or hope, shold he laid open for the enemy, and to bring the same to passe, he hath receaued great summes of gold from thē. It behooueth you therefore (O you Grecians) to make diligent search, and to be thorowly informed whether the accusation be true, or that the Troians haue fained the same onlie of set purpose, to weaken our forces by [Page 410] the losse of a man so famous, or to set vs at discord toge­ther, or whether Palamedes haue taken this gold for a­nie other intēt, as for to deminish their store by so much or els to worke some other stratagem therby. I thought it good to declare this openly in the presence of al men, to the end that some assuaging the rage of the rest, you might altogether with one mind endeuor to sift out the truth of the deed, of the which labour Palamedes might ease you by confessing the matter, and for what intent he hath receiued this coine, if hee will not haue vs to search his ship, or els where, for the said gold, the which being once found without his confession, would great­lie increase his crime. Wherefore aduise him in the way of friendship not to imagine that the same can be hid­den from Argos, which signifieth no other thing then the eies of the multitude, who doe see manie things, which are supposed to be verie secret. O how miserable are those that perseuere in mischiefe, because they are persuaded the same shall neuer be manifest! For euen when they thinke they are most safest, then oftentimes either they themselues, or els those in whom they put most confidence, doe bewray them▪ in such sort, as ouer late repentance and suddaine punishment doe both fall vpon them at once. But this is the mischiefe, that ambi­tion persuadeth those which follow the same, that all things how wicked soeuer they be, are lawfull, and that abundance doth nothing but increase auarice, which of it selfe is insatiable. Doe you then Palamedes shew your▪ selfe to be free from these vices, and in shewing by effe­ctuall reasons that your intent was sound, you may free vs from this suspition, considering that if you do other­wise, the Grecians are no lesse readie to punish obstinate traitors, then couragious to fight against their Troian e­namies. [Page 411] And let not passion O you Grecians cause you to forget my former words spoken of pure zeale, onlie for your preseruation.

Declamation. 97.

[Page 414] LVcius Papirius Cursor, being created the two and fortith Dictator in Rome, to make warre against the Samnites, Quintus Fabius Ruti­lianus was made Maister of the horse, being a yoong and valiant gentleman. It chanced af­ter a certaine battaile, and the taking of some citties, that the Dictator went to Rome to marke the disposition of the aire, thereby to know what lucke they should haue, leauing the said Maister of the horse in the campe, with expresse commaunde­ment that he should not attempt any thing vntill his returne; But he being departed, there was so faire an occasion offered, as Fabius gaue the battaile, and won it wholy, afterwards ha­uing caused all the armes of the dead enemies to be burned, hee wrot vnto the Senat of his victorie, neglecting the Dictator; who being returned vnto the campe, hee deliuered him into the hands of the Lictor, to bee beaten with rods, and to strike off his head, but as his apparrell was pulling off hee escaped, hiding him amongst the souldiours, and afterwards by night fled vn­to Rome, whether the Dictator followed him, and hauing cau­sed him to bee brought before his iudgement seat, hee would haue condemned him againe, but the father of Fabius accom­panying him in mourning weeds, and hauing recommended him vnto the people, tooke vpon him the defence of his sonne, saying.

HOw great the miserie of man is, may appeare by the linage of the Fabij, who haue ben euermore troubled for the zeale which they had vnto the Commonwealth. First, Quintus Fabius hauing done ma­nie worthie acts, as well at home with his Counsell, as abroad in the wars, by his courage, died in fighting against the Tuscanes, where all the Fabians were noted to be famous, and especiallie Marcus Fabius, who caused [Page 315] the Romane souldiors to sweare not to giue ouer figh­ting vnlesse they were conquerors, and being seconded by Ceson, Fabius making head against his enemie, brought the Romans backe againe, who contrarie to their oath were readie to turne their backs, which in the end was the cause of the victorie: and because all that li­nage was carefull to cherish, and heale the wounded souldiors, they were esteemed and suspected to bee Ple­beians. I ceasse to report what they did both before and after: but I will onelie tell how they tooke vpon them an enterprise that they alone would defend Rome frō the insolencie of the Veians, and there issued forth to­gether three hundred and six kinsmen, who died all in the said defence, and there remained no more of all the Fabians aliue but my father, that was in Rome, who a­lasse hath since that time replenished the world, and re­stored vnto the Commonwealth, this no lesse misera­ble then noble linage. How much better had it ben for him to haue died with the rest, if we must alwaies for our good seruice be subiect to the reproches of some, or to the persecution of other, or rather since we are no lesse troubled in resisting the malice of the Cittizens then wee are in fighting against our enemies; behold my sonne here who hauing vanquished the enemie, is adiudged to die by the Dictator: and wherefore? Be­cause hee hath done that which the Commonwealth not onlie desired, but also that which it most stood in need of: He is the conqueror, & now alas it is thought expedient that a shamefull and violent death should be a reward of his conquest, at the wil and pleasure of one onlie man. The Patricians and people reioice at his vic­torie, enioying the benefit thereof, the souldior is par­taker of the same, and the Dictator alone would haue [Page 416] him to die, as if the Commonwealths good were his hurt, or as if a Patricians renoume were his reproch, or as if the glory of the master of the horse did not increase the worthinesse of the Dictator▪ Surely, if the Romans take this course (which the gods forbid) they need no other enemies but themselues. Marcus Furius Camillus, that great protector of Rome, did not onelie succour Lucius Fuluius (who fought against his intention) but al­so made him partaker of his victorie, and shortlie after did chuse him for his companion in the warres of Tus­cula, such was the magnanimitie of this great Roman, redeemer of his countrie, to excuse the faults which are committed by youth: for he did verie well know, that there was no lesse courage in him to pardon a great of­fence, then to combat and ouercome a great armie of enemies. Doe you then noble Dictator imitate that most worthie man, Dispise not the whole Senat that re­questeth you, refuse not the Patricians, the Tribuns, & the people also, that intreat you, nor yet me a miserable old man and father to this poore yoong man, who yet may accomplish manie worthie and good seruices for his countrie, if together with his life, you cut not off the course of his vertuous acts; consent thē vnto some of our requests, or els graunt vnto vs all his life that is worthie to liue, and as you yourselfe haue had him in verie great estimatiō, making him General of the horse, so now giue him his life, and bind vs all vnto you for the same▪ If not, you will constraine me to appeale vn­to the Tribuns, and to haue recourse vnto the people of Rome, who may doe more then your Dictatorship. I will see if you wil giue place vnto such an appeale, as did the Romane King Tullius Hostilius? or since you cannot triumph ouer the enemies, whether you will violentlie [Page 417] triumph ouer the death of the conqueror? I haue ben Dictator as well as you, but yet did I neuer offend anie priuate souldiour, or other inferiour Plebeyan; for I know how that dignitie or office is giuen to preserue the Romanes, and not to destroy or hurt anie of them; how much lesse then a captaine of good desert in the Commonwealth? A man may hereby see what diffe­rence there is betwixt the modestie of our ancestors, and the pride of this presentage, for besides that deed of Furius Camillus, it is knowne that Quintus Cincinatus vsed no cruelty against Lucius Minutius, for freeing him­selfe from that place where by his rashnesse hee was be­sieged, but left him Legat in the campe, euen then when he went to Rome. Yea, the people who haue all autho­ritie doe neuer condemne anie captaine vnto death, as it appeareth by Virginius and Sergius, and diuers others, who hauing lost battailes, camps, and souldiours, haue ben thereof acquited, or at the most but fined in a cer­taine summe of money, where as now one that ought as a conquerour to triumph, is threatened by the Dicta­tor with rods and the axe: what would hee then doe if he had lost the battaile? Would he not trow you con­demne all the Fabians, and al the souldiors which were escaped from the battaile? Now when this conqueror ought to be a spectacle of happinesse vnto all the cittie, being accompanied with his friends to render thankes vnto the gods for his victorie, they stand here round a­bout him to bewaile his miserie, and to beg mercie of the Dictator to saue his life. O gods will you thus for­sake him, who by your fauour hath vanquished the ene­mies of your temples? And you Patricians can you leaue him that is by birth such as you are? And you souldiors, will you abandon him that hath led you vn­to [Page 418] to all martiall glorie? And you people can you con­demne him that is yet in danger of his life, hauing al­readie aduentured the same for the safetie of your hou­ses, and the sepulchres of your ancestors? For the de­fence of you, your wines, children, and whatsoeuer els is most deare and acceptable vnto you? Will you suffer the enemies to haue such a pleasure done them, O you souldiours, as that your captaine, and he vnder whom you haue conquered, should bee punished euen by his countrimen, as the most pernicious Traitor that euer was in the world? O immortall gods, let me die, before so manie miseries doe happen.

Declamation. 98.

A Certaine man disherited his sonne vpon a iust cause, and gaue his lands vnto another man, who lying dead sick, said that he would haue the inhe­ritance which was giuen him to return to the di­sherited son. Whervpō some few daies after he di­ed before the notarie (which he had sent for) was come, so as al­though there was nothing left in writing, yet did not there want witnesses to testifie for the said sonne, who demanded his inheri­tance, saying:

[Page 422] WHo is he so ignorant which will beleeue that my father would euer haue dishērited mee in good earnest, but that he rather made this de­ceassed man to promise that hee should restore my land vnto me after a certaine time; for the kindnes of fathers doth alwaies exceed the malice of the children, be­cause that naturall loue is more readie to descend then to ascend, as well for the instabilitie of youth as for the constancy that remaineth in age, who knoweth & doth well remember that hee hath done amisse in his youth: and like as God naturallie loueth man farre more then man loueth him (the which is knowne by his deuine bountie towards vs, and our ingratitude towards him) so the father may well be angrie with his son, but what show soeuer he maketh therof, yet can he not hate him, for it should be contrarie to the law of nature: who wil then imagine that my father (being by nature mild and courteous towards all men) could euer haue ben so cru­ell against his owne sonne? All these reasons aboue­said are most manifest, but were it so that my father had absolutely giuen away his possessions, and mine inheri­tance vnto this dead man, yet did he before his death restore the same againe vnto me, being either in consci­ence or kindnesse mooued therevnto: but had hee not more reason and libertie to giue it to me, thē my father had to take it from me? You say that nothing appea­reth in writing, for what end shold writings serue with­out witnesses? Doe we not know that the paper endu­reth all things, and the parchment much more? where­fore the word of the testator and the authoritie of the witnesses is sufficient. What if the Notarie after he had made the Will were dead, must we not then haue had [Page 423] our recourse vnto witnesses? Wherefore seeing the no­tary did not come time inough (it may be because some of you staied him) shal not the witnesse of such persons as are worthie to be beleeued, serue the turne, who did heare the deceassed man say that he would haue the said land to returne vnto me, and for that effect did he send for the Notarie. It is at the end of the life, that a man doth chieflie seek to discharge his conscience, and then or els neuer is the truth spoken: wherefore it is most e­uident that this inheritance doth infalliblie appertaine vnto me: and therefore I do demand to haue the same by friendship, and if so it may not be, then must I request it by Iustice.

Declamation. 99.

THe law commandeth, that all periured persons should be put to death. Wherevp­on it happened that one Citizen summo­ned another, saying that he ought him a certaine summe of money, the which hee said he had lent him vpon his own word, and therevpon hee tooke a solemne oath before the iustice that his saying was true: the other denied that he euer receiued any money of him, and did likewise swear that he ought him nothing, so that necessarly one of the twaine must be forsworne, and so consequently guiltie and worthie of death. Wherevpon the defendant as being most suspected, is put vnto the racke: but he still affirmed that he ought nothing. The plaintife was afterwards likewise racked, who did also still ad­uouch that he did owe it him. Neuerthelesse, after they had both twaine ben tortured three seuerall times, they were put both together in prison, where they agreed no more then they did before, but each of them particularly made a request, The first said that he was content to acquite the debt iustly due, that he might be deliuered; the other said that he wat content to pay [Page 426] that which he neuer ought, to com forth of prison; but the lu­stice would haue sent them backe vnto the rack, vntill the truth were knowne. From the which sentence they both appealed, saying:

THere ought to bee some difference betweene Iustice and crueltie, and yet (O you Iudges) you make no difference at all, for you vse the innocent as badlie as the offender; & which is farre more worse, you take away the credit that ought to be amongst Cittizens, & the vse of such entercourse as they are to haue one with another, for there had ben some other meanes to haue executed Iustice, without bringing vs into such extream danger, where it may be the innocent shall perish: each of vs doe say that we are innocent, neuertheles, though one must needs be guil­tie, yet can we not both be faultie: What then if the in­nocent, as being the weakest should yeeld, and confesse the fault which he neuer committed, chusing for the least euill rather to die once wrongfullie, then to be any more tortured, and afterwards to liue either a maimed cripple, or to pine away with paine, & so it may chance that the guiltles shal suffer for the guilty, losing both his life, goods, and reputation, & on the contrary, the male­factor shall haue both his life and credit saued, and liue in good account to the great detriment of the Cōmon­wealth; for being accustomed vnto torments, who shall let him to swear that any man is indebted vnto him, or that he is not indebted at al, when no man dare once of­fer to proue it vpon him, so that there shall bee no villa­ny which he dare not cōmit. If you say that he shall ne­uer haue any great credit, but that he shall be stil suspec­ted, as well amongst the Citizens as with the Iudges, [Page 427] you may say also that the innocent though hee remaine the conqueror, yet shall he be likewise suspected, & the losse of his reputation shall be the reward for his main­taining the same with such exceeding torments. Wher­fore (sauing the reuerence we owe vnto your lordships) we suppose that it had beene better not to haue procee­ded vnto these extremities, but before you had caused either of vs to sweare particularlie, you should haue de­manded whether anie of vs would haue ben content to stand vnto the word or oath of his companion, shewing in general what danger the offender did bring both his body and soule into. Likewise, both the one and the o­ther might haue been examined touching the circum­stances of the matter, to see which of thē would come neerest vnto the truth, & also you might haue been tho­rowly informed what the life and reputation of either of them had ben, that thereby you might haue ben able to make some sound coniecture of the truth. But first of al the defendants oath ought to haue ben taken, who hauing sworn that he ought nothing, the plaintif might haue ben adiudged to prooue his debt, or els to lose the same, but making vs both to swear without knowing ei­ther the one or the other, the offender hath taken his oath the more boldly, thinking by forswearing himself to be acquited therof, yet he hath therby brought both himselfe and the innocent into trouble and pain. But it seemeth that this matter hath been expressely handeled for this intent, which cannot bee tearmed iustice, but crueltie, for as much crueltie is it to torment an inno­cent, as it is iustice to punish an offēder, & it were better to leaue a wicked man vnpunished, then to torture such a one as hath not deserued it: notwithstanding, we see that you had rather haue the good man tormēted▪ then [Page 428] the malefactor should escape vntouched, which should be yet somewhat tollerable, if (as I haue before said) it were not likely that (proceeding in such sort as you do) the innocent should suffer for the offender, although it were far more reasonable to pardon one bad man, then to put a good man in danger: for Iustice if it must needs be constrained to yeeld, it ought alwaies to bee rather vnto clemencie then cruelty. Let then (you worthy iud­ges) the one be pardoned, for the others sake, because the offender hath alreadie endured sufficiently for the expiation of his offence, and the innocent hath suffe­red too much for being no better aduised before hee brought himselfe into such danger: and let that money which is now in strife be giuen to the poore, seeing that the one offereth to pay it, and the other to forgiue it. In so doing, you shall doe more iustly, then in continuing that course which was vnhappily begun.

Declamation. 100.

TItus Quintus making wars against Philip King of Macedon to driue him foorth of Greece, and in the name of the Romans to set Greece at liberty; not being able to make a league with Nabis Tyrant of Sparta, [Page 431] receiued neuerthelesse succours from him, and made a truce be­tweene the said tyrant and those of Achaia. Afterwards, ha­ning ouercome the said Philip, Quintus made wars vpon Na­bis to cause him to restore the vsurped citties of Greece, ouer which he tyrannised: whervpon Nabis being come to a parle with Quintus, he said thus:

IF I could imagine with my selfe (O Titus Quintus) and the rest of you here present vpon what reason you haue protested or made warres vpon me, I had quietly staid to haue seene what end my fortune should haue had▪ but now I cannot refrain my desire (if I should pe­rish) to vnderstād first the reason why I should come to this mischiefe: & surely, if you were such as by same the Carthaginians are, so as amōgst you the faith of friend­ship were of no certaintie or stabilitie, I should not greatly woonder although you made no great account of that which you doe vnto me. But now that I behold you, I see that you are Romans, such I say, as were wont religiouslie to maintaine the obseruation of diuine things, and the faith of humane confederacie: & when I looke vpon my selfe, I doe verily beleeue that I am the same man, that haue beene in ancient friendship and league with you as well as the rest of the Lacedemoni­ans; and it is but a small time since, that for the wars of Philip, yea and in my name the same hath been particu­larlie renued. But it may be I am hee that hath broken the same league, because I hold the citie of Argos; How shall I then be able to defend my fact? Surely either by the same deed, or els by the times. The deed offered me two meanes to defend my selfe, because I had the said cittie, being called therevnto by the Cittizens and by their owne surrender: wherefore I receiued it, and did [...] [Page 434] haue had one whiles with the Carthaginians, another while with the Gaules, and continuallie either with the one or the other haue greatlie troubled vs, as thou hast likewise done in this warre of Macedon: For very vn­seemely were it for vs (who haue vndertaken armes for the libertie of Greece) to confederate our selues with a tyrant: and with what tyrant? Surely with such a one as is the most cruell & most inhuman monster towards his owne subiects that euer was. It behooued vs in see­king to free all Greece, to set Lacedemon also into her ancient freedome (although thou haddest neuer taken Argos by deceit) & to restore her vnto her laws: where­of at this present (like a good follower of Licurgus) thou hast made mention. Now will we take heed since Philip hath withdrawne his Garrisons from Iassa and Bargilles, least we should suffer to be troden vnder thy feet, two famous citties, Argos and Lacedemon, heretofore ac­counted the two lights and beauties of Greece: which it we should leaue in bondage, it would blemish our title of freeing Greece. Thou wilt say that the Argians were partakers with Philip: wee will not burthen thee that thou wast therefore angrie with them, and tookest vpon thee such a quarell for our sakes. We are sufficient­ly informed that of that innouation there were but two or three persons at the most culpable, as also how that they were the onlie men that receiued thee & thy soul­diours into their castle, wherein surely nothing at all was done by common Counsell. Wee know how the Thessalians, Phocians, and Locrenses, did by common consent take Philip his part, neuerthelesse wee did leaue them free, hauing set all the rest of Greece at libertie. What then doest thou thinke wee should doe with the Argiues, who are most innocent, as concerning their [Page 435] common Counsell? Thou saiest that thou art condem­ned for deliuering of captiues & deuiding of the lands vnto the poore (which surely are no small faults) but what is that, or what are they to be compared to so ma­nie mischiefes committed euerie day one after another by thee and thine? Let a free Counsell bee assembled in Argos, or Lacedemon, if thou takest pleasure to hear the truth of the offences of thy most prowd gouerne­ment. But now setting apart thy ancientest faults: how manie murthers I pray thee hath that son in law of thine Pythagoras committed of late in Argos, & that as it were before mine owne eies? and how manie slaughters hast thou thy selfe acted, I being euen hard vpon the con­fines of Lacedemon? Moreouer, those whom thou too­kest whilest they were parlying, thou didst openlie pro­test before all the Cittizens that thou wouldest keepe them in safetie: Bring them therefore bound as they were, to the end that their miserable parents may know them to be liuing, whom they haue bewailed for dead: but thou wilt say, let vs grant that all these things be so, What haue you Romans to doe therewith? Wilt thou say thus vnto the Grecians friends? That seeke to free Greece? Who to doe the same, haue passed the seas? And haue made warre both by land and by sea? Thou wilt say, Yet haue I not offended you, nor broken our league, neither violated the confederacie of the Ro­man Nation. How often wilt thou haue me to prooue vnto thy face that thou hast violated the same? I will not vse manie words, but brieflie will I set downe eue­ry thing: Tell me then I pray thee how manie waies friendship may be broken? Surely by these two, that is to say. If thou vsest my friends like enemies, and con­ioinest thy selfe with my foes: Whether of these two [Page 436] things hast thou not done? Seeing that first thou too­kest Messena by force and armes, which was ioined vn­to vs with the same conditions of peace as Lacedemon was, and receiued into our friendship; and yet thou be­ing our friend and Colleague, tookest a cittie that was friend and vnited in league with vs: and with Philip our enemie, thou not onelie keptest companie, but also by the sufferance of the gods thou madest aliance with him by the meanes of Philocles his Lieutenant, and he making wars vpon vs in that sort, thou didst both trou­ble the seas about Malea with thy ships of war, and also tookest and slewest far more Romane Cittizens then e­uer Philip did: and vnto the ships which brought victu­als vnto our armie, the riuer of Macedon was more safe then was the promontarie of Malea. Ceasse therefore henceforth to brag of the obseruing of thy faith, and the performing of thy friendship inuiolable, and leaue off all ciuill maner of speech, speak plainly like a tyrant, & as an enemy ought to speake.