Declamation. 1.

Of Fuluius, who cauſed the Senators of Capua to be beheaded, without the conſent of the Senat and people of Rome.

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 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, 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 know what moued him, that he could not ſo much as ſtay this laſt cruell execution? Or what hurt might haue happened vnto the Romans therby? of whom we are the true (though diſobedient) children, ſince heretofore we freely gaue our ſelues, & all we poſſeſſed into their hands. But if ſome amongſt vs, more ambitious then the reſt, vpon hope to command the weaker ſort, haue yeelded themſelues vnto Hannibal, was it conuenient that euen thoſe who were diſpleaſed therewithall ſhould die ſo cruelly, without being admitted not ſo much as to ſpeake for themſelues. Alas this crueltie is too extreame, and ſo much the more in that it was done againſt the intention of the Senat & people of Rome. But God graunt that vnder the colour of this horrible deed, there be not ſome ſecret hidden, more pernicious and hurtfull vnto the Romans then euer our rebellion was. I know (beſides the difficultie thereof) how much all true Romane hearts doe deteſt ſuch as do aſpire to tyrannize ouer their owne countrey, yet I may ſay that the deeds of Fuluius doe ſhew that he aimeth at that marke, and it may be himſelfe ſuſpecteth that ſo much is alreadie knowne by him; which was the only cauſe why he was vnwilling that the Capuans ſhould be ſuffered to ſpeake, leaſt ſome thing might haue beene diſcloſed vnto his preiudice, the which I will not affirme, becauſe that if it were ſo, it ought to be more then made manifeſt, ſince that many haue not only bene ſuſpected, but alſo greeuouſly puniſhed for matters leſſe apparent then this: And amongſt others Coriolanus, Manlius, Spurius, Caſſius, and Melius, only for ſhewing themſelues ouer liberall. To conclude, I feele my ſelfe ſo ouercharged with griefe, as I am not able to ſpeake in ſuch ſort as I ought, pleading before this honorable Senat, who may be pleaſed to beare with my weaknes, conſidering that they neuer keepe decorum which are ouercharged with extream ſorrow. May it then pleaſe you moſt worthy Senators, protectors of equitie, by that little which I haue badly expreſſed, to conſider what might further be ſpoken vpon this matter, by one who is free from all anguiſh and feare.

Declamation 2.

Of the firſt Earle of Flaunders, who was accuſed to the French King for hanging his eldeſt ſon.

THe Flemmings write very obſcurely in their Chronicles, that their firſt Earle was named Leideric, being the ſonne of one Saluart, a Foſter of Flaunders, and they ſay that the ſaid Leideric, while he was yet a Foſter and comming to ſuruey his woods, did find the French king his daughter bebloubered with tears, becauſe that in the ſaid forreſt, ſome had murthered a Prince of England, who had ſecretly ſtolen and carried her forth of France. Which Princeſſe, Leideric married, and of her had ſeuen ſons; whom he cauſed to be all apparelled with garments, the left ſide whereof was cloth of gold in honour of their mother, and the right ſide was woollen cloth, becauſe himſelfe was neither prince nor knight. Now it happened that the ſaid French king (whoſe name they likewiſe tell not) followed in chaſe of Hart euen vnto the cittie of Liſte in Flaunders, where the ſaid Leideric dwelt, with whom the king was lodged: who thorowly viewing Leiderics children, thought that they greatly reſembled his daughters countenance, and demanding for their mother, he preſently knew her for his loſt child: Wherevpon he made the ſaid Leideric knight, and created him Earle of Flanders. Now ſaith the hiſtorie, that the eldeſt ſonne of the ſaid Earle being old inough to court ladies, did meet before the court gates with a woman that had a ſmall basket of fruit to ſell, which he tooke from her and carried vp vnto the gentlewomen. The poore woman ſtaied for money for her ſaid fruit, ſo long vntill it grew towards night, and then departing homeward, ſhe loſt her ſelfe in the forreſt, ſo as ſhe could not find her houſe vntill the next morning, when comming home, ſhe found her child dead for want of the teat. Wherevpon ſhe complained vnto the Earle, he fained to carrie his ſaid ſonne abroad to tourney, but paſsing thorow the forreſt, he cauſed him to be hanged. Wherefore let vs ſuppoſe that the people accuſed the Earle vnto the king in this ſort.

EVery cruelty (if it may pleaſe your Maieſtie) is aſſuredly very odious, but that which the father committeth againſt his owne child is moſt execrable: for the father his kindneſſe ought to exceed all other loue, imitating therein, the loue which God did beare vnto man, for the ſaluation of whom, he hath not ſpared his only begotten ſon, our Lord and Redeemer: whoſe example they are more bound to follow that are choſen to rule others, then thoſe which are more baſe in condition, becauſe the people for the moſt part doe conforme themſelues to immitate their actions which command, and eſpecially the bad before the good. Wherevpon it followeth, that he which commandeth ouer a Commonwealth or prouince, cannot offend in any meane ſort, eſpecially if his offence be publike, more if the cauſe be not ouer great, but moſt of all if it be ſuch a vice as degenerateth from the nature of man: all which ſaid faults are found in this deteſtable deed of our Earle, hauing wrongfullie put to death his owne ſon: and what ſonne? Euen his eldeſt ſonne, and the ſame which ſhould haue ſucceeded him and bene our Earle. But what offence can bee more publike then to cauſe his ſonne to die by the moſt ſhamefull death in the world? For by the halter, are theeues executed: and yet he had no ſuch cauſe to put him to death, ſeeing that notwithſtanding his fault was remedileſſe: moreouer there is no • 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 only ſhewed crueltie vnto all theſe aboue named, but he hath further manifeſted his ingratitude vnto his king and ſoueraigne; vnto your Maieſtie I ſay, who hath made him noble by knighting him, creating him Earle of this countrie, and accepting him for your ſonne in law. What puniſhment deſerueth not a crime ſo manifeſt committed againſt the perſon of ſuch a monarch? But who is ſo ignorant that will not affirme that in this action, froward fortune hath rather beene the cauſe of the miſcheife happened vnto this woman, than the prince himſelfe, or els it was her negligence or ill hap, or the deſteny of the infant. What meant ſhe to ſtay ſo long? Did not ſhe know where to haue found the Prince the next day? Had ſhe loſt her money by ſtaying for it? But to be ſhort, this woman did ſhew her ſelfe to be both cruell and obſtinate, as their ſex are for the moſt part, and it may be ſhe ſtaied ſo long tatling with ſome of her goſſips, and boaſting that the Prince had bought her fruit, as night ouertooke her before ſhe was aware: for the prattle of a woman is oftentimes without meaſure. But were it that the Prince his fault were farre more manifeſt and hainous then it is, yet is the cauſe to be iudged by none but by the king only, or by ſuch as ſhould by his Maieſtie be deputed and appointed for iudges, and it is more vnfit that the father ſhould be iudge of his child then any other, becauſe either too exceeding loue, or too extreame rage, may ouerrule him: for when he is angry with thoſe whome he loueth, his anger proueth more vehement and dangerous towards them then againſt others. Likewiſe no iudgement ought to be pronounced without counſell and due informations: But what proofes was brought againſt our prince? Where are thoſe which were called to conſult vpon iudgement, or to giue aduice that he ought to die? Alas, the father and the hangman were both Iurie, Iudge, and Executioner. Well, God graunt this miſchiefe proceed not from ſome other ground: that is to ſay, leaſt ſome old malice long ſince conceiued hath not made the father to find this occaſion to deſtroy his ſon, it may be, chiefely to aduance his ſecond ſonne, whom he loued better. I paſſe ouer in ſilence how hee hath ſecretly endeuoured to haue the world ſuppoſe that the ſame was none of his ſon, therby meaning to ſlander your daughter, for thoſe which know themſelues inferiour to their wiues, doe neuer loue them heartily, but ſeeke all the meanes they can to make them leſſe eſteemed, and eſpecially ſuch as are ingratefull, of whom this Tyrant ſheweth himſelfe to be the chiefeſt. It may be ſaid that it is not lawfull to accuſe any man by coniecture, but what vileneſſe may not a man imagine by ſuch a one, ſeeing that like as vertues are knit together, ſo do vices follow one another? To conclude (dread ſoueraigne) we doe better feele this wrong done to your Maieſtie, to your daughter, to her children, and to our ſelues, then we are able to expreſſe the ſame in words; but our iuſt teares together with our ſilence, demand iuſtice of your highneſſe.

Declamation, 3.

Of Pacuuius, who hauing by his ſubtilty ſaued the Senators of Capua, is accuſed of Treaſon.

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 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 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, 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 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.

Of him which would vſurpe the inheritance of a Prince, that went to the warres against his fathers will.

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 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 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 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.

The Anſwere.

RAſh and vnaduiſed may he be tearmed, who in the end of his reaſons addeth threatnings in the preſence of his imperiall Maieſtie, whom he faineth to reſpect, & vpon whom ſuch an iniurie redoundeth rather then vpon me who am here vnder the protection of his ſaid Maieſtie. But to anſwere vnto this your deed, I ſay that it is not the act of a gentleman to diſobey his father either whileſt hee liueth, or after his death, in deſiring to take that from me which he charged me to keepe by his laſt Will. Touching the firſt diſobedience; Durſt you be ſo preſumptious to vnderſtand the cauſe why your father did forbid you to goe vnto the wars? You were ouerbold therein, ſince he knowing your indiſcretion and wauering mind would not truſt you with ſuch a ſecret matter: How manie things ſeeme aduantagious, honourable, and profitable vnto yong men, which old men doe foreſee to be a manifeſt ruin? What doe you know what they doe keepe in ſtore for you whom you haue offended in this war? Or if he who euen by your aid is become more mightie ſhall vſe the ſame his power to your preiudice? For ſo did the Romans, who being ſuccoured by their confederats, did firſt vanquiſh other nations, and then afterwards ſubdued thoſe their confederats likewiſe: what do you know if your father foreſaw the ſame, or a greater danger? If we are bound to beleeue old men, how much more then ought euery one to beleeue his father, of whom (next to God) he holdeth his life and his being? And therefore they are double in fault which do not onlie giue no credit to their words, but alſo do diſobey their commandements as you haue done: for if one way you ſhall lay the fault vnto your frailtie, which hindered you from beleeuing the truth, and ſhall ſay it is mans nature ſo to doe; Yet your diſobedience added therevnto, doth another way make the ſame vnpardonable. How manie are there that haue put their children to death for leſſe fault then yours? It may eaſelie be ſeene by the Hebrew, Greeke, and Latine hiſtories: As for example; Saule the firſt King of the Hebrewes, would not he haue put his ſonne Ionathas to death for taſting a little honie againſt the commandement of his ſaid father, although he did it ignorantlie? Epaminondas the Theban, did not he cauſe his ſonne to die, for fighting cōtrarie to his cōmandement: did not Aulus Poſthumius, and Manlius Torquatus Romans, do the like? what would they then (thinke you) haue done, if their children contrarie their wil and commandment, had gone to the wars as you haue done? Teaching them who were with you to diſobey their prince, as you did your lord and father: and not content to haue offended him during his life, will confirme and ratifie your diſobedience after his death, in reſiſting his laſt Will and teſtament: and to his great diſhonor accuſe him with want of wit. For leſſe fault was Cham the ſonne of Noe, not onlie diſherited, but alſo curſed of his father for euer, yea and his poſteritie after him, who could not do with the faults of their father and grandfather. The Romans had not the power ouer the life and death of their children: So that but for ſuch men as you, that law at this law had not beene inuented; for from the vniuſtice and wickedneſſe of men, do good, holy, and righteous laws proceed: Wherefore it is a true Prouerbe, that offences beget laws, and afterwards thoſe laws doe diſcouer and puniſh offences: for where no fault is, there law is not requiſit; and where no law is, there can be no breach thereof: Wherevpon S. Paule ſaith, That the law onlie made me know that to deſire is ſinne. Your father did not prohibite you from the defence of your countrie, or the church, therefore you need not make a queſtion of that which he did not, but of that which hee did, which was his diſſuading you from this war, and for the ſame cauſe hee added threatnings vnto his commandement. And notwithſtanding for all this, you would not obey him, but it may bee the great griefe which your father tooke for this your obſtinacie hath procured his death: and yet you ſay (although he hath not wholly diſherited you) that he did you wrong to giue the principalitie vnto him, whom he knew to bee beſt able to keepe it: ſee how farre the loue of the father exceedeth all the malice that the ſonne can imagine: for notwithſtanding after this your fault, hee thought vpon your profit more then you deſerued, and therefore he had a deſire to leaue you wherewithall to liue like a Prince, but not the power to looſe your ſelfe and your people: Doe you thinke the good Prince did not know, that in the warres vices are ſooner learned then vertues? And that you were more inclined to wickedneſſe then wiſedome? For how can he be a louer of vertue, which deſpiſeth both his father & his commandements? Moreouer hee knew very well that the countrie whoſe Prince is accuſtomed to the wars, is neuer in peace; and not being in peace it cannot proſper. Alſo he ſaid, that as count • ies had long ben kept, ſo they ſhould be maintained, becauſe euerie alteration or change is dangerous, and if there come any profit thereby, it is not in their daies to bee expected who are then liuing. Wherefore knowing that his predeceſſors and himſelfe had more encreaſed and conſerued their gouernement by wiſedome, equitie, and iuſtice, then by armes, it ſeemed nothing reaſonable vnto him, to leaue for ſucceſſor ſuch a one, who only ſeeking to be counted valiant, would forſake all vertue, which takes her beginning frō the feare of God; and he which feareth him, is another manner of man to his father, then you haue beene to yours. Now ſince your father had all theſe reaſons on his part, can you ſay he was not a good protector both of his people, and alſo of you: Likewiſe he knew that Numa Pompilius did more conſerue and increaſe Rome by his religion and good lawes, then Romulus did in the building thereof by his wars: the which to ſpeak truth, are verie neceſſarie in euerie new gouernement; but where the people doe honour their Prince, and he is in loue and peace with his neighbours, there warlike men are more dangerous then defenſiue, the which we may ſee by the Romanes, who neuer were ouercome but by their own proper forces, alſo the ſouldiors which were in the citie were the deſtruction of the ſame. Therfore thoſe princes do wel, who haue the means to ſend ſuch people to exerciſe their furie in ſtrange countries, for armes are alwaies hurtfull in a countrie, vnleſſe it be for the defence thereof. You ſay that becauſe you haue beene in the warres, your neighbours and ſtrangers will ſtand in feare of you: better were it for you to bee beloued of them: for euerie one deſireth their death, of whom they ſtand in dread. I would haue followed you to the wars my ſelfe, if you had gone thether by commandement or conſent of your father, vnto whom it was griefe enough to bee diſobeied by his ſon, without encreaſing the ſame by the like offences of his nephew; for if I had followed your courſe, I ſhould haue thought that I might haue giuen him iuſt cauſe to think me none of his ſubiect, much leſſe his kinſman. God graunt that this your ingratitude, cauſed him not to doubt whether you were his ſonne or not. Touching Pirrhus, his anſwere was as wicked as the end of his life was wretched. And Perſeus was ouerthrowne onlie becauſe he truſted in his forces, prouoking by his preſumption the Romanes againſt him. You ſay that I deſerue not the gouernement; 〈◊〉 your father being farre more wiſe, hath iudged me worthie, and you vnfit. I will no further anſwere to your aſſertions, which do as much diſcouer your impudencie together with your contempt of God and good things, as alſo the malice which aboundeth in you; but will leaue you to your owne diſcretion: and will onelie conclude thus, that all thoſe reaſons aboue ſaid, and it may bee the leaſt onelie more then al the reſt ioined together, haue incited your father to giue me that which I deſerue, and I praie you compel me not to take that frō you, which of my own liberalitie I haue beſtowed vpon you. Touching that which I poſſeſſe I doe ſo much truſt in the ſacred Maieſtie of the Emperour, as I am aſſured that hee will maintaine me in my right, who am his moſt humble & moſt faithfull ſeruant.

Declamation. 5.

Of Spurius Seruilius, who defended himſelfe againſt the people, being by them accuſed for his cowardly fighting at the hill of Janicola.

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 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, 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, 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 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.

Of a maimed man, who for ſmiting an officer, is condemned to loſe his hand, but it cannot be prooued with which hand he did ſtrike him.

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 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.

Of the husband that ſlew his wife, for hauing loſt two of his children, the one by fire, the other by water.

A Certaine woman as ſhe was waſhing and wiping her little ſonne, did ſee her yong daughter fal into the fire, wherevpon being ouer haſtie to helpe it, ſhe let her ſonne fall into the boule of water, wherein he was drowned, herevpon her husband happened to come in, who preſently ſlew her: The womans kindred apprehended him & accuſed him vnto the iuſtice, ſaying:

THis wicked fellow not being content with two miſchances, would needs ad therevnto a third miſchiefe: O what griefe ought ours to be, that hauing not only loſt our yoong nephew, and his mother, but being iuſtly prouoked thervnto by this damned deed, we muſt likewiſe procure the death of this wretch, which in an vnluckie houre was our kinſman: ſeeing that he alone muſt be the diſhonor of all our linage, dying as a publique ſpectacle by the hands of a hangman, according to his deſerts, becauſe he hath ben worſe then a hangman to his poor wife, whoſe only company he deſerued not, being ſo chaſt, honeſt, and vertuous, as ſhe was, bearing a ſincere and deuout loue vnto him who was her butcher, ſo as I dare ſay and beleeue that this ſoule of hers, no leſſe louing, then innocent, dooth yet lament in another world, not only in that ſhe was martired by him, who ought to haue loued, cheriſhed, and defended her from all others that would haue burther, but alſo taketh pittie vpon the moſt iuſt miſerie of this murther, and as whiles ſhe liued, ſhe alwaies preferred his contentment before her own, ſo now ſhe would thinke her ſelfe happy, if it were poſſible, that ſhe might once more die to ſaue his life: as did the charitable Alceſt to ſaue her moſt deare Admetus: but I would demand of this wicked man, wherein his wife had deſerued to die by the hands of him, who had ſworne to keep and defend her from all iniurie? Alaſſe, an ouer vehement charitie made her commit a fault, which as it fell out was great, but to be blamed for it, ſhe is not: For a motherly loue and a naturall charity (ſeeing her daughter fallen into the fire) made her forget that ſhe held her ſonne in her armes. Alack her ſorrow might very well haue ſufficed, not only for a penance, but alſo as a moſt ſharp puniſhment for her offence, the which this cruell monſter would neuer conſider, but heaping miſchief vpon miſchiefe, ſhame vpon ſhame, hurt vpon hurt, murther vpon murther, had a deſire with the price of his life to ſlaughter her, who loued him more then the bals of her eies, euen the ſame who deſired not to liue, but only to pleaſe him: but there are ſome men (of which number this is one) who the more the poore women are obedient vnto them, the more froward and cruell doe they become towards them, neuer cheriſhing them but with reproches, blows, & threats, ſo that they being alwaies poſſeſſed, or ouercharged with an exceſſiue feare, doe commit a thouſand faults, becauſe their minds are neuer free, to thinke vpon that which they are to doe: and who need to doubt but that the feare of this cruel man made the poore innocent forget that ſhe ſhould not haue hazarded the loſſe of one of her children, to haue ſaued the other: Wherefore if therein there was any fault, he is to be blamed for it, and notwithſtanding, he hath made her endure a moſt cruell puniſhment therfore, is there any loue more great then that of the mothers toward the child? Had not her pittifull lamentation for her fault committed, ben a ſufficient pennance for the ſame? Alaſſe noble iudges, the more ſtrange this caſe is, the more great is our griefe, which maketh vs to doubt, whether our complaints may be heard; and if they be heard, whether they are vnderſtood; if being vnderſtood, whether they be felt; for as much as hardly may they be felt by thoſe whom they concerne not ſo neerely, becauſe another mans hurt doth neuer ſeem ſo heauy vnto any, as it is to himſelfe. Wherefore we doe throughly aſſure you, that we can better feele our harm then expreſſe it: for when the mind is occupied with paſſion, the ſpirits muſt needs 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.

The kindred of the accuſed doe Anſwere.

ALthough you doe imploy all your skill together with your malice, and ignorance, which you would hide, yet is the ſame more manifeſt then any other thing. You thinke that you haue ſhewed a great cunning in perſuading that it is fit to put a man to death, who would willingly be dead already: to what end ſerueth ſo much vaine prattle? Seeing that he denieth not his fault, and that the iudges doe know better then you, what puniſhment he deſerueth: to what end is it to accuſe ſuch a one as accuſeth himſelfe? Where doe you find that it is reaſonable to vex the afflicted, with iniuries? Or that which is worſt, to encreaſe his affliction? It is you that would heape miſchiefe vpon miſchiefe, ſhame vpon ſhame, hurt vpon hurt, and finally you would increaſe the number of the dead, without conſidering that the ſame paſſions which made this dead woman careleſſe of one of her children, to ſaue the other, did alſo ſtirre vp this poore diſgraced man, to doe that which he ought not to haue done: I paſſe ouer with ſilence, the occaſions, that ſhe might more thē once, haue giuen him to haue vſed her ill, the which he hauing hitherto patiently reſiſted, hath alwaies endured, conſidering that he could not offend her, being the halfe of his fleſh, without hurting himſelfe: but at the laſt being prouoked in ſuch ſort as he was, blinded with a rage, no leſſe extreame then iuſt, he hath done that which was no ſooner executed, but he would haue reuoked it with the price of his owne life, the which he yet doth offer, to make ſatiſfaction for his fault, for the which he is ſo penitent, that he will thinke himſelf happy to finiſh his griefe by death: but euen as iuſtice ſuffereth not thoſe offenders to die, who would afterward liue honeſtly and well, ſo is it not reaſonable to put thoſe to death that deſire the ſame: and like as they do not excuſe, or diſſemble with thoſe, although no great accuſation is brought againſt thē, that be malefactors, ſo alſo ought not their ſentence, to be the more ſeuere for the multitude, or ſharpe and cruell words of the accuſers, but moderating the rigour of the lawes, according to the equity of their conſcience, they ought to iudge rightly, not laying all the fault vpon him that is accuſed, nor alſo wholie acquiting her that is dead, ſeeing that ſhe is not altogether faultleſſe. I will not here alleage any more reaſons vpon coniecture as you do, of the loue that ſhe did beare vnto her husband, for he might ſay, that he loued her as well, for againſt ſuch as we do beſt loue, are we moſt extreamely angrie, when the cauſe is great: but let vs put the caſe that he was teſtie, froward, and cruell, as you ſay, ought not ſhe then to haue hidden her fault for a time, and after haue cauſed ſome other to haue told him, or rather haue hidden her ſelfe, to auoid his firſt anger? You will ſay, that her paſſion did blind her iudgement: this excuſe ſerueth as much for him as for her: but this is the miſchiefe, that the moſt part of women are neuer readie nor aduiſed in doing any thing but miſchiefe, Wherevnto they applie their wits ſo much, that they are to ſeek in doing good: for if it were otherwiſe, a man ſhould not ſee a woman naturally more readie to frame an excuſe, inuent a deceit, or a leaſing, and other ſuch like remedies then a verie wiſe man could doe, Whereof alſo they make their boaſt: Finallie none can know their ſubtilties, malice, forwardneſſe to miſchiefe, and ſlackneſſe to goodneſſe, ſo well as he that is married, and yet they that haue ben often married know beſt, for if thoſe which are once married, deſerue to be placed in the rancks of ſuch as are diſeaſed, the others may be accounted in the number of thoſe that are mad. Touching your other reaſons there is no need to anſwere them, ſauing only that the womans friends and kindred haue their ears continually full of the imperfections of their husbands, the which when anie miſchiefe happeneth, they can tell how to augment them, without conſidering that their own wiues doe ſay as as much of them: Laſtly, it may pleaſe the iudges to haue more regard vnto this poore accuſed ſoule, then to the inſolent babble of his ſpightfull accuſers: for who can be more worthie of pittie, then he vnto whom life is more bitter then death.

Declamation. 10.

Of Caius Seruilius, who is accuſed to haue ſlaine Spurius Melius, that had releiued the people during the famine.

AT Rome during the time of the ſixtie eight Conſulſhip, the famine was ſo exceeding great, that many of the 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, 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 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 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, becauſe he hath ſlaine an innocent.

Declamation. 11.

Of the wife of a Tyrant, who hauing ſlaine her huſband, required his ſonne for a recompence.

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 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 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 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.

Of him who vnder coulor of obeying his father, diſpleaſed the prieſt that adminiſtred the ſacraments vnto him.

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:

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 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.

Of him that would diſherit his brother, becauſe he had ſmitten his father.

IT was an ancient law, that whoſoeuer did ſmite his father ſhould be diſherited: wherevpon it chaunced that a certaine yoong man being drunken, did ſtrike his father, who imputing the fault vnto the wine, both diſsembled the matter, and pardoned the offence: but the father being dead, without making anie will, the yoonger brother would haue his elder brother to loſe his inheritance, becauſe he had offended the law, ſaying:

YOu know O you iuſt iudges, that which the law hath appointed for thoſe that ſtrike their father, I require the execution thereof, and it muſt not ſerue his turne to ſay that the wine made him to doe it, for ſuch an anſwere in ſteed of an excuſe, would make him double in fault, and he is as well worthie to be excluded from anie part of his mothers good, as he is to loſe euerie whit of his fathers inheritance: the one becauſe he did beat his father, and the other becauſe he vſeth to be drunken, for the drunkard is more worſe then a brute beaſt, which neuer drinketh but to maintaine life, but it ſeemeth that the drunkards liueth to no other end but onely to drinke. What miſchiefe happeneth not thorow this vice of drunkenneſſe? The Partriarke Noe was the firſt that planted the vine, ſo alſo he was the firſt that was drunke therewith: what happened vnto him thereby? Nothing but onelie ſhame, anger, and diſpleaſure; Lot alſo being drunken, committed inceſt with his daughters: Cambiſſes being reprooued by one of his faithful counſellors, becauſe he was commonlie drunk, did with an arrow ſtrike through the heart of the ſaid counſellors ſonne, ſaieng, can he be drunke that ſhoots ſo faire a ſhot? That great conqueror Alexander ſlew his Foſter brother Clitus, comming from his banquet, and afterwards being ſober, he would haue ſlaine himſelfe for ſorrow: but who knowes not that ſuch fruits come of drunkenneſſe? Wherefore they being double in fault which commit wickedneſſe thorow that vice, deſerue double puniſhment. And now to returne vnto our firſt matter, who will not ſay that my brother ought to loſe his inheritance, ſeeing that he hath ſtrooken our father, becauſe the ſame maketh a doubt whether he be his ſonne or no; and if he be his ſonne, as I beleeue he is, the greater is his ingratitude, wherefore there is no need to ſtand vpon my fathers diſſembling or pardoning of the wrong, for as much as I ſhould likewiſe haue conſented therevnto: but I will ſtill ſay that it is fit to hang vp the veſſels which doe containe ſuch peſtiferous licquor, and that there is too much fauor ſhown vnto thoſe, who for drinking ouermuch, and afterwards beating their father, are but onlie diſherited.

Declamation. 14.

Of one that to eſcape his enemies, took away a Prieſts horſe byforce.

A Crtaine man flying from his enemies that would haue ſlaine him, met with a Prieſt on horſebacke, whom he praied to ſell or lend him his horſe in that extremitie, the Prieſt flatly denied him: the other tooke the horſe by force: and afterwards hauing eſcaped, he ſent home the horſe againe together wtth a good reward, neuertheleſſe the Prieſt accuſed him of theft, and ſaid:

THe chiefeſt point of iuſtice, by the which the Common-wealth ought to be maintained in peace, is that euerie one may quietlie poſſeſſe without anie let or diſturbance, that which he hath iuſtlie gotten: As for me I will prooue verie 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 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.

Of him that after he had bargained with a ſouldior to kill his enemy, did forthwith repent him of the fact.

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 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 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 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.

Of a woman that would forſake her husband, becauſe he ſtood excommunicate.

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 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 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 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 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.

Of Sergius, who fought againſt his enemies, without aduertiſing his fellow Virginius thereof, and therefore is not aided by him.

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 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 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 〈2 pages missing〉 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 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.

Of one that being condemned, appealed to a higher place, and refuſeth his firſt iudge, being preſident thereof.

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 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 condemned doe neuer hope for anie redemption, or fauour by appeales: but becauſe we are farre from the preſence of the King, from his Counſell, and from the moſt worthie chiefe Court, we in this our Prouince do ſee the iudges ſo corrupt, or ſometimes ſo ignorant, that of an hundred appealants two doe not returne rightly iudged. It were reaſon therfore that this our iudge were allowed ſome certaine time, to learne of the Lords which haue of long time ben of this Parlement, before he haue this authority to adiudge thoſe appealants which haue appealed from himſelfe: truly I ſhould thē be content to ſay that I haue appealed from him being vniuſt, vnto himſelfe being become iuſt; but what aſſurance haue I now thereof? Seeing that in authoritie (which is indeed the touchſtone to trie men withal) the moſt part of them doe wax worſe, and euen as the waight of gold diminiſheth, being oftentimes rubbed vpon the touchſtone, ſo doth the conſciences of ſuch as are but ſlenderly indued with vertue decay, by often changing of their dignities: for if men did know, or at the leaſt would not diſſemble, how hard a thing it is, to vſe the office of a iudge; there would be ſo few that would couet to buy that place, as hardly ſhould there bee any found that would bee deſirous to take ſuch authoritie vpon them: Neuertheleſſe, this being not my iudge, but mine aduerſarie, not content to haue adiudged me once, would condemne me againe. King Lewis the twelfth, when one counſailed him to be reuenged on thoſe, which in times paſt had offended him, anſwered that it was not the part of the king of France, to reuenge the wrongs which were done vnto the Duke of Orleans; which ſurely were both the words of a noble and mild prince: but I find not any of theſe two parts in this new preſident: but rather on the contrary, it ſeemeth that he hath made himſelfe preſident, to cauſe thoſe to die whom he hath wronged, being but an inferiour iudge, of whom I am one, and he which is vnto him moſt odious. The old prouerb ſaith, That the ignorance of the iudge is oftentimes the cauſe of the calamititie of them that are accuſed: O happy world wherein this Prouerbe was inuented! if then the iudges did only offend through ignorance, although the ſame be a fault great inough, what ſhall we alaſſe ſay then in theſe daies? Wherein malice exceedeth ignorance, and that for the moſt part they harbor both together? Or that which is worſt of al (if it may be lawfull to ſpeak the truth) that as the number of the skilfull encreaſeth, ſo the number of the good decreaſeth, and when that happeneth, there can no good bee hoped for in the Common-wealth: for there is nothing more dangerous in the world, then to haue ſuch a man in authoritie, that is wiſe and wicked both together: becauſe that for euery purpoſe, they haue examples very readie to prooue, and perſuade their wicked intentions to be lawfull, like vnto this man, who by his monie is made preſident: Wherefore I doe rather ſubmit my ſelfe vnto anie other iudge, then vnto him whom I doe vtterly refuſe.

Declamation. 20.

Of the ſouldiors that would needs giue ouer the wars after the death of their Generall.

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 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, 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 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.

Of Gamaliel, who hauing ſlain two of his brethren, becauſe one of them had rauiſhed his wife, is accuſed by the others.

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

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

Declamation. 22.

Of him who after he had had his pleaſure of a maid, would haue forſaken her, to haue married her ſiſter.

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 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.

Of the part of a houſe which was to be pulled down, for the offence of one that dwelled therein, whervpon another dwelling in the ſame houſe, was oppoſite.

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 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 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.

Of him who hauing lien with his bondwoman, would neither manumiſe her, nor conſent that her ſonne ſhould be ſold.

THe law in times paſt was ſuch, that if any man did lie with his bondwoman, he was inioined to manumiſe or make her free. Wherevpon it happened that a certaine man begot his bondwoman with child, he being called before the Iuſtice, did ſweare that hee did not lie with her; ſhe being in trauell with her child, ſwore he did: the iudge the better to ſift out the truth and to be aſſured whether the child were his, commanded that he ſhould be ſold for a ſlaue, (the man lying in priſon for debt) vnto the which he would in no ſort agree. Wherevpon the iudge preſumed that he was the father of the child, and cōdemned him to manumiſe the mother. The man appealeth ſaying:

IT is manifeſtly to be ſeene, that the iudge is more caried away with paſſion, then guided by iuſtice, for firſt he would haue me to make my bondwoman free, and yet ſhe neuer requeſted me to doe it, and next he hath conſtrained me to ſweare, thereby to exempt me from doing it, but not content therewith, hauing bethought himſelfe vpon the ſpeech of her being in trauaile of childbirth (and it may be, incited by himſelfe) would that there ſhould be more credit giuen vnto the oath of a bondwoman, then vnto his, that is a Citizen free born, and owner of the bondwoman: who doubteth that ſhe (ſeeing her ſelfe fauoured of the iudge) will not take an occaſion to ſweare an vntroth, to gaine her freedome? But muſt he beleeue her for all that? When a ſlaue is taken for an offence, if he ſaith his maiſter is partaker with him therin, is he to be beleeued? Do we not know that euery ſlaue hateth his maiſter? But the paſſion of the iudge is verie manifeſt in this, that amongſt al the moueable goods which I haue, he would needs cauſe this poore child to be ſold, who as yet cannot ſpeake: I gainſaying ſo great a crueltie, he would inferre that I declare by the ſame that he is my ſonne; the which is not true: but I am not ſo hard hearted, neither do I hate the ſillie creature (born within my houſe) ſo extreamely, as I can without compaſſion ſee him ſeperated from his mother ſo yoong, which is almoſt enough to kill him; but what a iudge are you, That in ſteed of exerciſing mercie, wil hinder others from vſing it? Whereby a man may eaſily know how vnwoorthie you are to execute the office of a iudge, ſeeing that iuſtice and pittie ought to be ioined together as the body and ſoul, which being ſeparated one from another, the bodie dieth: euen ſo without mercie, iuſtice dieth: and as the dead bodie by corruption is turned vnto earth, ſo is iuſtice without mercie changed into crueltie. How long did the cittie of Rome flouriſh, being grounded vpon pittie? When in her beginning ſhe receiued al nations, which had elswhere no place of aboad? And yet you would condemne me, becauſe I imbrace pittie in my heart, which will neuer enter into yours; otherwiſe you would comfort me being ſo miſerable a priſoner as I am: but to encreaſe the afliction of the afflicted, you would not onlie cauſe that to be ſold which he loueth, but alſo would haue him manumiſe his onlie bondwoman, from whom he might reape ſome profit by her ſeruice. Yet if at the leaſt you had willed the mother and the child to be ſold both together, your crueltie then ſhould not ſeeme ſo manifeſt; but like vnto Herod, you haue a deſire onlie to hurt the innocent and the priſoner: notwithſtanding, I haue ſo great confidence in the equity of thoſe who are more righteous thē you, that (they hauing iuſt pittie of the afflicted, and innocent) will condemne your crueltie.

Declamation. 25.

Of a Generall who after he had loſt the battaile, ſent to the Prince to know if he ſhould giue the battaile.

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

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

The Princes Anſwere.

YOur excuſe aggrauateth your crime, ſaieng that you did your dutie, and yet deſpiſed his commandement, whoſe mind therin you knew not. Did you know the reaſon why he forbad you to fight? Thinke you that he was altogether ignorant what the enemies were able to doe; and that they might be ouercome rather by temporiſing then by anie ſtroke ſtriking? Doe you thinke your ſelfe wiſer then that great Fabius, who rather deſired to be counted a coward, then to loſe the Romane Citizens, who in that ſort temporiſing with great patience, was in the end the conqueror of that furious Hanniball. Doe you not know, that before a man can command, he muſt know how to obey? the which you had no deſire to do; You would willingly haue the ſouldiors obey you in doing badlie, and you would not obey the Pirince in doing well, what would they ſaie of you, if they were liuing? M. Manlius Torquatus, Aulus Poſthumus Tubero, and Epaminundas, they cauſed their owne ſonnes to die for tranſgreſſing, nay, rather for fighting againſt their commandement, yet had they the victorie; O how happie was that world then, when nothing was impoſſible vnto thoſe warriors ſo well diſciplined! It is alwaies the cuſtome of the raſh and braineſicke men, to attribute their faults to the will of God, to fortune, to the ſinne of the people, Prince, or ſouldiors, as you doe; forgetting your owne, together with your diſobedience, which being diſpleaſing both to God and men, can bring forth nothing that good is: then you mocking the Prince after the battaile is loſt, doe demand whether you ſhall fight it, alleaging ſo manie reaſons (it may be forged) that it were impoſſible to loſe it: and that which is worſt, heaping ſinne vpon ſin, you bring the princes authoritie in queſtion, and ſtirre vp the people againſt him, but your owne reaſons doe confound you, for doe not all the members obey the head? The head being greeued, are not all the members pained? Yea, when manie members are loſt, the head ſtill remaineth, and taketh care to preſerue the reſt, as hitherto I both haue, and will ſtill preſerue my people (God willing) who are not ſo impudent as to deſire to take an account of your faults, knowing well, that as that which concerneth the ſoule is referred vnto the diuine, the diſeaſes of the bodie to the phiſition, and controuerſies for goods to the iuſtice, ſo are matters of warres and the gouernement thereof referred to the prince: but how can you doe them anie good ſeruice, ſeeing that you haue done your beſt to ouerthrow thē, for your owne pleaſure? Trulie I ſhould haue thought you alone worthie to be my Lieutenant Generall, if you had knowne how to obey me: but not eſteeming me for your Prince you cannot be my Lieutenant. Doe you not know that in al affairs faults are not tollerable? But eſpecially in the warres, where there needeth but one to ouerthrow all, they are moſt hurtfull: where haue you euer ſeene that it is lawfull for an offender to change, or alter the lawes, much more then is it for him to diminiſh or bring in queſtion the authoritie of your Prince? But what would not you haue ben bold to attempt if you had ben victor? Surely nothing, but euen to haue attempted to make your ſelfe King. Finallie, the people may remember both the good and bad ſeruices that you haue done, and thoſe which you may yet performe: but as for me I doe award him to be puniſhed, who in ſtead of demanding mercie and pardon for his offence, will procure a ſecond deſtruction, in changing of auncient cuſtomes, whereby the people haue ben all hether happilie gouerned, and preſerued: for there was neuer anie alteration of laws or cuſtomes without bringing a calamitie vpon that land wherein they were begun.

Declamation 26.

Of thoſe who were executed, becauſe they confeſſed that they had murthered a man, afterward it was found that they were guiltles.

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

ALaſſe how miſerable is that Commonwealth, where thoſe that ought to adminiſter iuſtice, and defend the innocents, doe (in ſteed of protecting them frō danger) put them to a moſt ſhamefull death: which trulie proceedeth by the admitting of cruell and bloodie men to the ſeat of iuſtice: who beſides their wicked nature, being accuſtomed to this vice, would make vs to beleeue that iuſtice (which ought to be the twinne ſiſter vnto mercie) conſiſteth in nothing but in barbarous crueltie: ſuch a man is this our worthie iudge, who vnder the coulor of I know not what likelihood, becauſe he would not ſeeme to be idle, hath tortured and tormēted two poore innocents in ſuch ſort, that to eſcape from his hands, they haue thought it a leſſe hurt, to die by the hands of the hangman, then to remaine anie more at the diſcretion of ſuch a iudge. Surelie it were better to pardon two malefactors, then to put to death one innocent; but this man hath rather cauſe two innocents to die, then he himſelfe would not be an offender. The ioints of euery righteous iudge ought to tremble, the hairs of his head to ſtand vpright for feare, yea, & the heart to faint when he thinketh, that by the authoritie of his voice (although neuer ſo iuſt) one like vnto himſelf, (nay more) reſembling the image of God, ſhould be put to death? Seeing the fault for which he dieth cannot be recompenced; wherefore Nero (who was accounted a monſter for crueltie) had yet a kind of horror, when he ſigned anie ſentence of death. You will ſaie that they are put to death to terrifie others that are wickedlie minded. I confeſſe it, but the ſame ought to bee done vnto offenders. Alaſſe, if this iudge had beene as carefull to haue 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.

Of him that falling downe from the top of his houſe ſlew another man, againſt whom the ſonne of the ſlaine man demandeth iuſtice.

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.

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.

Of him that cauſed his wiues chaſtity to be tempted, that thereby he might haue ſome cauſe to put her away.

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 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 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.

The Anſwere of the kinsmen, beginning at the end of the accuſation.

O What a prowd fellow is this, that would compare himſelfe vnto Caeſar, O what a great credit he doth himſelfe in thinking to diſcredit vs, when he ſaith, That he knoweth not what our kinswoman was when ſhee came vnto him: but that he knoweth well how he reſtoreth her vnto vs worſe then diſhoneſt, trulie he hath made a faire peece of worke, in cauſing her to be tempted, to make her ſeeme ſuch a one: in ſooth that man which wil be a baud vnto his wife, doth deſerue (as you doe) to loſe his goods, life, reputation, and ſoule alſo. We know well inough, that the beſt part in a woman is her chaſtitie, and how much they are to preferre it before all other graces: ſo alſo you cannot denie but that the diſhoneſty conſiſteth in the deed, and not in a word ſpoken without knowing to what intent: what can you tell whether ſhe promiſed him for feare leaſt he would haue forced her, ſeeing her alone? Or becauſe ſhe wold cauſe you to know the vnfaithfulneſſe of your ſeruant, and by that means conſerue both your credite and her owne? Neither doe wee likewiſe denie that ſhe hath made a promiſe vnto the firſt that courted her, for being vertuous, and ſo knowne, there was neuer anie man that durſt be ſo bold to aske her anie ſuch matter, as alſo your ſeruant durſt not haue preſumed, if you your ſelfe had not incouraged him: he then which ſeeketh for that which he would not find, ought not to complaine, if he find that which he would not haue ſought: but it is verie likely that your ſelfe was verie certain that ſhe would neuer haue performed her promiſe, ſeeing you had no will to ſee the triall thereof, for what could you haue loſt thereby, if ſhee bee ſuch a one as you ſay ſhe is? But you know verie well that ſhe is better then you deſerue: therefore becauſe you hated her vertue, you would be rid of her: ſurely you alleage Salomon verie well for your aduantage, as you thinke; and you ſay not amiſſe when you affirme, that the wife ought to be the better halfe of her husband, for certainlie the ſame is ſeene in our kinswoman, ſeeing that you are of no account at all, wherefore you doe not deſerue that ſhee ſhould be your crowne. Laſtly were ſhe leſſe honeſt, ſhe might denie that which you cannot proue, but ſeeing that ſhe hath made no promiſe, but to quite her ſelfe and to ſaue your reputation and her owne: we require that you may firſt make amends for ſlandering her, and afterwards we will not refuſe to take her away from ſuch a wicked man as you are.

Declamation. 29.

Of a baſtard who demanded the performance of his fathers will, although the houſe and the goods were burned.

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 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.

Of a knight of Rhodes, that would enter into Religion again, after that he had giuen ouer his Order, to take a wife.

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:

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 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 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.

Of a Iudge who paied three thouſand crowns to cauſe a murtherer to be hanged.

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 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 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 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.

Of thoſe that would depoſe the King becauſe he had loſt the battaile.

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:

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 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.

Of the Athenians who denied to pay vnto the Thebans that which they ought.

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 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 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.

Of him that is in trouble for accuſing a man of crime, for which he is committed to priſon, and there dieth.

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

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

Declamation. 35.

Of the ſonne of abondwoman which would diſinherit his brother.

THe law of bondmen or ſlaues is yet in Spain, that thoſe which haue bought them (be they Chriſtians or no, they may kill them) or make them doe what they will. Wherevpon it chanced that a man bought a maiden ſlaue, and hauing lien with her, ſhee bare him a ſonne: ſome few daies after ſhee died; wherefore the foreſaid man bought another bondwoman to nurſe vp his ſonne, and he did ſo much alſo with her, that ſhee likewiſe brought him forth another ſonne; ſhee liued with him and ruled his houſe, till that the children were great, and that the father happened to die, who by his Will appointed that the eldeſt brother ſhould part the goods, and the yoongeſt ſhould chuſe. He made no mention at all of the woman, ſo that ſhe ſtill remained a ſlaue: and the eldeſt ſonne tooke occaſion thereby to defraud his brother of his inheritance or pretended patrimony: for to make his partition, he placed the mother of his brother on the one ſide, and the goods on the other, ſaying, chuſe take thy mother and leaue me the reſt of the goods, or take the goods and leaue me thy mother: the other ſeeing this extremitie would not chuſe, but accuſed his brother of deceit or puniſhable couſenage, ſaying:

THe law commandeth, and the Will appointeth, that thou oughteſt to part, and I ought to chuſe; but thou neither haſt parted, nor yet can I chuſe, for the dutie and loue which I beare vnto my mother, compelleth me not to leaue her, and eſpeciallie at the diſcretion of ſo wicked a man as thou art, ſeeing that thou inforceſt me to three extreames, the one is to forſake my mother, or to diſherit my brother, or laſtlie to compell mee and my mother to liue continuallie in pouertie. Great is thy malice to inforce mee to become as wicked as thou art; calleſt thou this a partition, to place all the care on the one ſide, and all the goods on the other? My mother is growne old in the keeping and increaſing thoſe goods which thou wouldſt vſurpe, and now being weake and vnprofitable, thou wouldeſt haue her to die for hunger with me, or els that ſhe ſhold abide in extreame miſerie at thy diſcretion: doeſt not thou know that thou art the ſonne of a bondwoman as well as I? Yea, and that thy mother neuer got thee anie good toward houſhold? but my mother gaue thee ſuck, and nurſed thee, what ingratitude can then bee more great then thine? Make ſuch a partition at the leaſt as I maie remaine without blame in the chuſing, and yet not quite without liuing. If deceit or puniſhable couſenage is diſtinguiſhed by taking from any 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.

Of Simon who put himſelfe into priſon to redeem his father thence being dead, afterwards how he ſlew his wife being daughter vnto him that had made him his heire, and paied his debt.

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.

Of him who is forſaken of his father for relieuing his ouncle, who alſo doth afterwards forſake him for ſuccouring his father.

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 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 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.

Of the Elians who did cut off the hands of Phidias, after he had made the Image of Iupiter Olimpus.

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 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, but aſſure you, that we will be reuenged of you therefore.

Declamation. 39.

Of the ſon that defended his mothers cauſe, who being diſtraught, did wrongfully accuſe her ſelfe to be guilty of ſacrilodge.

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

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

Declamation. 40.

Of the wife that would not forſake her husband, although he went about to procure her death.

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

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

Declamation. 41.

Of the prodigall ſonne who being forſaken of his father, redeemeth his brother whom his father had neglected.

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

ALl thoſe which doe know what I haue done, doe praiſe me for it, except you. How true an example of pittie and brotherly loue hath my brother ſhewed, when ſailing to ſeeke me, hee hath aduentured great dangers, trauailing ouer many lands, and ſeas, neuer giuing ouer his enterpriſe, vntill he had brought mee home againe vnto my fathers houſe: wherefore if you did loue me as both my obedience, and ſeruices deſerue, and as nature doth bind you, you could not denie but to haue receiued at his hands ſeruice moſt acceptable; And in recompence thereof to haue acknowledged him for your heir, as I haue done: for if for his prodigalitie you did diſherit him, he hath ſhewed himſelfe both towards you and me not to bee prodigall, but indeed verie liberall. If you did diſher it him becauſe he was vnprofitable, hee cannot now bee tearmed ſo, Seeing he could make ſo long a voiage, and when all fatherly loue was in you forgottē, he yet could performe the dutie both of a good ſonne, and a better brother. You ſay that age hindered you from 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 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.

Of the husband who gaue two children vnto his wife without telling her which of them was her owne.

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 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.

Of him who drunke poyſon with his wife, wherwith ſhe died, and he made claime vnto hir heritage by her Teſtament.

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 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 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.

Of him who hauing giuen ouer and forſaken two of his children, would not leaue the one of them with him that had foſtered them vp.

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, 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.

Of him which ſtroke his father by the compulſion of a Tyrant, whom he afterwards did ſlay, and requireth a reward therefore.

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 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 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 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.

Of the bondman who hauing ſaued his Maiſter, his ſonne, and goods, together with his daughters honor, pretendeth to marry her.

A Tyrant ſtanding in doubt that his Citizens would attempt ſome conſpiracie againſt him, tooke the bondmen of all the cittie into his fauour, giuing them freedome, and inciting them to murther their maiſters, they fearing the effect thereof, did ſuddainly flie forth of the cittie, leauing their houſes, wiues, and children in danger at the mercie of the Tyrant, who to take away al means and hope from the Citizens; and from the ſlaues all poſſibilitie euer to be reconciled vnto their maſters, ſuffered and commanded the ſaid ſlaues to rauiſh their wiues & daughters: Shortly after the Tyrant died ſuddainly by miſchance, wherevpon the Citizens returned by force into the cittie, and cauſed all the ſlaues to be executed or hanged, except one, who hauing fained that he had rauiſhed his maſters daughter, did faithfully preſerue and keepe her with all his goods, and reſtored her a virgin vnto his Maiſter, moreouer, he did forewarne the Citizens of the dangers which would follow, wherwith his Maiſter receiued ſuch contentment, that he gaue him his daughter in marriage. But the ſaid Citizen had a ſonne, who oppoſed himſelfe therevnto, accuſing his father to bee void of vnderstanding, and ſaid thus:

OVr griefe would be the leſſe, if the Tyrant and not the father had made ſuch marriages. Can anie man ſay that he hath not loſt his wits, which ſeeketh rather to immitate the Tyrant his enemie, then his bondman? Who hath at the leaſt ſhown more loue vnto him, then he doth either to ſonne or daughter, ſeeing that he maketh himſelfe like vnto the Tyrant. If the bondman had lien with my ſiſter, I had cauſed him to be hanged as well as the reſt, and now you your ſelfe would haue him to lie with her: you ſay that it is by marriage, I denie that, for marriage is meant betwixt thoſe which are worthie one of another, either in deed, or opinion: Then ſeeing none beſides you, who are mad, of that opinion that a ſlaue may be worthie to be your ſonne in law, and my brother in law, it can bee no marriage: and were it otherwiſe, I ſay that this mariage bringeth more ſhame, then if ſhe were rauiſhed or abuſed by a Noble man, for then at the leaſt the child which ſhould ſo bee borne, ſhould be more worthie and be better reſpected then the child of a bondman. Who would euer haue thought that the Lord or Maiſter would haue ſuffered his ſlaue further then the Tyrant would his friend? It may therefore verie well bee ſaid that whoſoeuer maketh ſuch marriages, is either a foole or a Tyrant, of whom the one deſerueth death, and the other to loſe al authoritie. O what a faire ſonne in law hath he choſen, who hath nothing of anie worth in him, but that he hath kept himſelfe from being hanged with the reſt of his fellowes? Alaſſe my ſiſter ſhall then being vnder the power of her father, loſe hir virginitie, which was ſo carefully preſerued when ſhee was vnder the power of the Tyrant, and he ſhall be thought worthie of ſuch a marriage, which was not deemed worthie of the gibbet. Farre more happie are thoſe which were defloured, for they neuertheleſſe doe now take ſuch other husbands as are worthy of them. It is a goodly matter whē the father maketh ſuch a match for his owne daughter as the Tyrant did for thoſe of his enemies. Ah vnfortunate ſiſter, who being vnder the tyrants power diddeſt deſire thy father, and vnder thy fathers power, thou deſireſt the Tyrant, who would yet defend thee from this iniurie. Is this a ſmall reward for a bondman to ſee all his fellowes on the gallows, yet himſelfe to bee free from the like? you ſay that he hath not rauiſhed his miſtris, ſay likewiſe that he hath not ſlaine his maiſter, nor vſed poyſon nor ſorcerie: doe you ſay that hee dooth a good act that keepeth himſelf from crime for fear of puniſhment? Our miſerie is as great now as the ſhame which the other maids and wiues haue ſuffered during the Tyrannie, for this is done during our freedome: the others ſhame was in the abſence of their Parents, but this is in the preſence of hers; the others ſhame was called deflouring, but this here cannot be called conſtraint but a voluntary conſent. It was not vertue that kept him from doing as much as the others, but the feare to be hanged with the others, hee knew very well that God would not ſuffer ſo cruel a tyranny to indure, and when the 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.

Of him that would not deliuer his brother, that had accuſed him falſly to haue ſlaine his father.

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

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

Declamation. 48.

Of a father that would renounce his ſon for marrying a maid that had freed him from her fathers priſon.

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 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.

Of one that was likely to be defrauded of the honor due to him for his victorie: becauſe he had taken the armes belonging to a dead man.

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, 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, 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.

Of an adulterer, who hauing ſlaine a Tyrant, claimeth the reward and honour that was promiſed, the which was refuſed to be giuen vnto him.

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, 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, 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 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.

Of the father that adopted for his heire, the ſonne of his forſaken ſonne.

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 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.

Of the vnchaſt woman that was adiudged to be throwne headlong down more then one time.

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:

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.

Of her who hauing killed a man being in the ſtewes, claimed for her chastity and innocencie to be an Abbeſſe.

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 her, and as he was ſtriuing with her, ſhe drew his dagger forth of his ſheath, and ſlue him, for the which ſhe was put in priſon, but being before the Iudges, ſhee was not onely acquited of the murther, but alſo they ſent her back vnto Sicilie vnto the place whether ſhee was determined to goe. She being there arriued, they would not receiue her for Abbeſſe, but ſaid.

THis woman here which would be an Abbeſſe, ſhould yet haue ben in the Brothelhouſe, if ſhe had not murthered a man; but can ſhe be chaſt, comming from ſuch a place? Nay let vs ſee whether it be lawfull to receiue ſuch into monaſteries, whom the ſtewes and the priſon forſaketh, Seeing the order of religion may very lawfully be denied, euen vnto thoſe as doe but onely paſſe by ſuch places? ſhe ſaith fortune conſtrained mee vnto theſe inconueniences, therefore ought euery one to haue compaſſion vpon me: but wee ſay that thoſe which are worthie of pittie, are vnworthie of a prelateſhip, neither is it a cuſtome amongſt vs, that ſuch places as are of greateſt honours ſhould be beſtowed in recompence of ſuſtained harms, ſeeing that the only freeing them from their ſaid harms may ſerue for a ſufficient recompence of their paſſed miſeries. Likewiſe, we may conſider how ſmally ſhe deſerued by the little care her parents took of her diſtreſſe, not onely in ſuffering her to be loſt or taken away, but being taken neuer ſought either to recouer her, or once to ſeeke her out: and what did the Pyrats ſee in her that they rather ſold her vnto a pandor, then to a Princeſſe, or to ſome other honourable ladie? If ſhe knew how to perſuade ſo manie men to leaue her a Virgine, (as ſhe ſaith) wherefore could ſhe not perſuade her miſtreſſe to ſuffer her to gaine her liuing by ſome other means, rather then to put her forth to ſo vild a vſe; or els why did ſhe not as Hippo the faire Grecian did, who leaped into the ſea ſo ſoone as ſhe perceiued that ſhe was taken by Pyrats. Alaſſe if this woman obtaine the Abbeſſeſhip, greatlie are the Nunnes of this order to be pittied, if amongſt them there cannot bee found one more chaſt then an harlot, or more innocent then a murtherer. She cannot be chaſt inough to rule ouer vs, eſpeciallie ſeeing ſhe ſaith; I knew how to perſuade all thoſe that came vnto me: the which ſheweth a certain token of her immodeſtie, for otherwiſe how could ſhe haue pratled ſo well in that place where ſuch as were modeſt would haue burſt into teares, and without being able to ſpeake one onlie word, would haue died for ſhame. Let vs then take the caſe thus: that in her there are three do claime to be Abbeſſe, the firſt, is one taken by Pyrats, the ſecond ſuch a one as hath liued in the ſtewes, & the third ſhe that murthered a man, of whom the beſt is farre vnworthie of anie honour.

Declamation. 54.

Of him who againſt his fathers mind perſuaded his ſiſter to cauſe him to die that had forced her.

THe law is, that whoſoeuer killeth a man by chance, he ſhould be baniſhed or put to exile for fiue yeares: likewiſe euerie maid that is forced or rauiſhed, may chuſe whether ſhe will haue the raniſher die, or whether ſhe will haue him to be her husband. Wherevpon it chanced that a certaine man which had a ſon and a daughter, was exiled for the cauſe aforeſaid: his daughter that remained with her brother in the houſe was rauiſhed by another yong man, who after his fault committed, fled vnto the maidens father, with whom hee ſo much preuailed, that he obtained letters from him, wherein he commanded his daughter to chuſe her ſaid rauiſher for her husband, and not to require his death; the father likewiſe writ vnto his ſonne, intreating him to perſuade his ſiſter to conſent therevnto: who on the contrarie conſtrained his ſiſter to demand his death, ſo that the father at his returne did caſt off and diſherit his ſonne, ſaying:

A Laſſe my misfortune is intollerable, ſeeing that I being (as alwaies I haue been) a louer of the Commonwealth, haue notwithſtanding bereaued her of two men, and both againſt my will, yet not without being culpable therefore; in the one manſlaughter I was abuſed by fortune, in the other by him who is in name (yet not indeed) my ſonne, that hath inforced his ſiſter to diſobey her father, as well as he, in a iuſt commandement, and cauſed her to obey him in a cruell reuenge, ſome may ſay that it is incident vnto man to offend, it had ben a ſufficient excuſe, if I had not both aduertiſed and intreated him the contrarie, and alſo if hee had not knowne the griefe which I alreadie ſuſtained for being the cauſe of a mans death, and that I did therefore owe a citizen vnto the commonwealth, whom I might haue ſatisfied in ſauing the life of this ſame man, by whom manie others might haue ben begotten; ſo that hauing ſlaine the other vnaduiſedly, I might haue ſaued this circumſpectly: but thou becauſe thou wouldſt haue no nephewes by thy ſiſter, and that thou mighteſt cauſe me die with ſorrow, haſt broken my purpoſe, wherefore I iudge thee vnworthie of the heritage, which ſo plainlie thou ſeekeſt to obtain by ſo many vnreaſonable means.

Declamation. 55.

Of him who gaue ouer his betrothed wife vnto his ſicke ſon.

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 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.

Of a man that is found dead in his bed, his wife wounded, and the accuſations together with the witneſſe of a child.

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:

O How wicked this world of ours is, ſeeing that it hath brought foorth ſo curſed a man, that hath at one inſtant both murthered his father, & would haue don the like to his mother in law ſo that I beleeue the feare of miſſing did in ſome ſort hinder or ſtay his murtherous hand, from giuing ſo great a ſtroke as hee intended, and ſhe fained her ſelfe dead leaſt his purpoſe ſhould haue been effected; or to ſaue her husbands life, whom this traitor hath murthered leaſt he ſhould haue been a witneſſe againſt him for the fact, as alſo becauſe he did moſt vnnaturallie hate him, for the kind and honeſt loue the man did beare vnto his wife, and therfore he ſought the means to expell me from hence, that hee might better accompliſh his wicked enterpriſe, for two are more eaſilie ſlaine then three, and it may be that he did put on ſuch like apparell as mine to abuſe this poor infant, and to corrupt his innocencie by falſe teſtimonie: but what witneſſe can be more manifeſt, then the breaking of the wall, the which is likewiſe pulled down, for the deſire he had to murther his mother in law.

The Anſwere.

IT is verie apparent that thou commeſt neither vnprouided of ſophiſtical arguments long before premeditated, nor that thou art anie whit abaſhed of this murther, ſeeing that the horror there of doth nothing hinder thy tongue from babling. O miſerable man that I am: hearing the noiſe I ranne thether thinking to haue ſeene the adulterers taken, but alaſſe I found my father killed, which doth aſtoniſh me in ſuch ſort as I will onely anſwere that I doe not onely reſt vpō the childs demonſtration, but vpon his further affirmation, although thou haſt of long time kept him in awe, ſo that in pointing to thee with his finger, hee hath both declared thee to bee the murtherer, and alſo that thou haſt oftentimes forbidden him to accuſe thee for the laſciuious kiſſes proffered in his preſence: there is not anie witneſſe more ſufficient then the pointing of this innocent child who is of ſufficient age to be able to know and diſcerne, although not ſubtile inough to deceiue faine or lie. If thou ſaieſt that one witneſſe is not ſufficient, then wil I ſtand vnto the peoples cenſure, and will not refuſe that thou ſhe and I may bee all three examined by torments, for God the right and fortitude ſhall be for the innocent.

Declamation. 57.

Of him that would compell his ſonne to marry with his ſister in law, that was by him accuſed of adultery.

A Man had two ſonnes, to the one whereof hee gaue a wife, who being married, made a certain very long voiage into a far countrie, during his abſence, his brother tooke ſuch an hatred againſt his ſiſter in law that hee accuſed her of adultery, but yet not before the Iudges, wherevpon her husband being returned, took a bondwoman that was his wiues ſeruant, and cauſed her to bee tortured ſo extreamely to know the truth, that ſhee died with the torment not confesſing anie thing, wherefore his father, that loued his daughter in law, did ſharpely reprooue him, that hee would ſo lightly conceiue an ill opinion of her. He as well for greefe that he had wrongfully ſuſpected his wiues honeſtie, and vniuſtly killed her bondwoman, as alſo to perceiue his brothers malice, and to haue procured his fathers diſpleaſure, did diſpaire, and either hanged or killed himſelfe, wherfore the father willed that according to the Iewiſh law, the other ſonne ſhould marrie his brothers widdow, or if otherwiſe he refuſed, hee would vtterly forſake him and renounce him for his heire, against the which his ſonne pleaded in this ſort:

YOu would haue me to marrie with my brothers widdow, whom I haue accuſed for an adultreſſe, (as in ſooth ſhe is) who cauſed both my brother to kill himſelfe for griefe, and compelleth you to diſherit me. I beleeue that you tempt me to take her to trie whether I did accuſe her wrongfully or no, for you your ſelfe would neuer giue mee an adultreſſe to wife: but you might thinke, if I did take her that ſhe is chaſt, and I am falſe: truly if you could make mee to marrie her that both hateth me mortallie, and I know to bee a diſhoneſt woman, one might then aſſuredlie beleeue that nothing would bee euer impoſſible for you to effect. But why would you compell me to make her my bedfellow that hath made mee brotherleſſe? Her I ſay that is the cauſe of her husbands death, of the diſcord twixt you and me, of the ſcandale to our linage, and of the peoples murmuring? I haue alreadie choſen a wife that loueth me, that will follow me if I will, that wil neuer forſake me either in aduerſitie or proſperitie, and finallie that will bee ſuch a one vnto me as a wife ought to be vnto her husband, which will be more worth vnto me then a moſt great inheritance; whereas if on the contrary I ſhould marrie this woman, euery one might ſuppoſe that I loued my brother but little, to wed her that was the cauſe of his loſſe.

Declamation. 58.

Of the ſorcereſse, which poyſoned her ſon in law, and accuſed her owne daughter to haue ben conſenting therevnto.

THe law appointeth that euery woman which vſeth poyſoh, being conuinced of the crime, ſhould be tortured, vntill ſhe accuſed ſuch as were partakers or conſenting vnto her wicked act. Whervpon it happened that a man hauing but one ſonne, married a ſecond wife, of whom hee had one daughter, who being of reaſonable yeares, the ſonne died of poyſon, and the mother in law is not onely ſuſpected for his death, but accuſed and conuinced thereof; wherefore ſhe being laied vpon the racke to make her confeſſe ſuch as were conſenting to her fact, ſhe accuſed her owne daughter, ſo that ſhee was adiudged to bee burned with her mother: but the poor father gainſaid it thus.

AH miſerable child, ſeeing thy mother hateth thee as much as thy father loueth thee; O miſcheeuous woman that euen vnto thine owne daughter thou art worſe then a ſtepdame, art thou not ſufficiently glutted with thy paſſed murthers, but thou muſt further gorge thee with thy daughters maſſacre? But who knoweth not that ſuch kind of people deſire not to die without ſlaughter? Wherefore amongſt the fencers, or ſouldiors, that combat is moſt cruell which is fought againſt a deſperate man that is ſure to die: no doubt but they that may not liue, will procure any murther if they can, for the death of others maketh them the leſſe to bewaile the life which they are readie to loſe; and where deſpaire is, there doth rage abound, becauſe the horror of death, filleth their courage with furie, & they reſemble certaine beaſts that bite thoſe weapons wherewith they are wounded, & being thruſt through, they make their wound the greater, that they might approch neere him that hath gored them. But how ſhould ſhe feare to belie one, that taketh a pleaſure to poyſon anie? Why will not ſhe effect my daughters death, that without anie cauſe wrought my ſonnes decay? But what ſonne? Truly euen he that might haue been beloued of euerie ſtepdame that had been leſſe wicked then ſhe, that cannot ſo much as loue her owne husband. But to do him a diſpight, ſhe hateth her owne daughter to death, and remembring that ſhe was a mother in law, forgetteth that euer ſhe was a mother indeed: let then the truth of the innocēt father be of more eſtimatiō thē the leaſings of the guiltie mother, ſeeing that in the extremitie of death or torments, the wicked doe neuer ſpeake truth. For proofe whereof, a bondman that Cato had, being conuinced of theft, and tortured therefore, affirmed that Cato was acceſſarie to the theft, who was then better to be beleeued, the bondman and the torture, or Cato? In like ſort you are more to credit the innocencie of the daughter, then the malice of the mother.

Declamation. 59.

Of the Praetor that cauſed the head of a malefactor to be cut off at the requeſt of a whore.

FLaminius the Romane Praetor gouerning in France, ſitting at the table with a comman woman whom he deerely loued, ſhee ſaid vnto him, that ſhe had of long time deſired to ſee ſome man executed by iuſtice, but ſhee was aſhamed to goe vnto the common place of execution. Wherevpon he forthwith commanded a condemned priſoner to bee brought, and in the hall where he ſupped, hee cauſed him to bee beheaded in his preſence: the which deed was reported at Rome, wherefore a long time after Cato accuſed him of Treaſon againſt the 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 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.

Of a man without hands that renounced his ſonne, becauſe he would not kill his mother being found in adulterie.

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 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.

Of two maidens rauiſhed by one man, for the which the one required his death, and the other deſired him for her husband

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 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.

Of him that his father did diſherit, becauſe he went vnto the wars.

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 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.

Of him that appeaſed the father of a maiden whom he had rauiſhed, and yet could not pacify his own father.

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 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.

Of the husband that did put away his wife, who being tortured, did yet ſaue his life in not confeſſing that he pretended to murther the Tyrant.

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; 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 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, 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.

Of a rich man that died for the loue of a chaſt woman, vnto whom he bequeathed all his goods, whervpon her husband accuſed her of adultery.

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 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, 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.

Of him that cauſed his eies to be pulled forth, to gaine tenne ounces of gold, the which was refuſed to be giuen vnto him.

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 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 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.

Of the forſaken ſonne who firſt would and could not, and afterward might and would not returne vnto his father.

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:

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 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.

Of a maiden who being rauiſhed, did first require her rauiſher for her husband, and afterwards requested his death.

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 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 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.

Of him that would be paied for his houſe, wherein a Tyrant was burned.

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 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.

Of the grandfather that did ſecretly ſteale away his deceaſed daughters child, for feare leaſt it ſhould be poyſoned by the ſtepmother, as two other before had ben, wherevpon the ſaid childs father accuſed his father in law of violence.

IT happened that a man had three children, whereof two died, not without ſuſpition that the ſtepmother had beene the cauſe of their death. The father of the ſaid childrens mother did ſecretly ſteale away the third child, leaſt it might come to the like end as the reſt did. Neither had the ſaid grandfather viſited the other children during their ſickeneſſe, becauſe he could not be ſuffered to come in, but was kept out of dores. The father cauſed his child to be cried, the grandfather ſaid that he had him, wherevpon the father accuſed the grandfather of violence, ſaying that he had stolen his child; the good old man made his excuſe, ſaying:

SEeing that this is all the ſonnes that my daughter hath aliue, ſuffer me to bring him vp. What doeſt thou feare? That I will not let thee enter in when thou commeſt to viſit him, as I was ſerued at thy houſe? thou art deceiued, I am not ſo ingratefull: fond fooliſh man as thou art, thou ſeekeſt not thoſe two children which thou haſt loſt, nor once hearkeneſt after them which haue ben wilfullie made away, but ſeekeſt him that is not loſt, that he might likewiſe be loſt as the reſt were. Thou askeſt one of me whoſe life I will charilie protect, and I doe require two of thee whom thou haſt careleſlie ſuffered to periſh. Why is not a grandfather better to be truſted then a ſtepmother? I came to viſite my little nephewes being ſick, yet might not ſee them; that was violence, and not this which I haue done? For therein hath neither beene vſed weapons, combat, reſiſtance, nor force, but ſuch as was too friendly. Let al the aſſiſtance bee iudge of this controuerſie which is between a yoong man and an old. Thou ſaieſt that I haue ſtolen thy ſonne, I anſwere that I doe keepe my daughters ſonne, thou ſaieſt that I haue taken him away from thee, and I denie it; but true it is that when hee came vnto mee, I would not driue him away from me, and I am the cauſe that he is yet liuing. So doe the Phiſitions and Chirurgions oftentimes bind vs, and whether wee will or no applie ſuch medicines as are moſt needfull for the recuring of our maladies. That which I haue done is no ſtrangers deed: Nature hath her right, & this difference is there betwixt the father and the grandfather, that it is lawfull for the grandfather to preſerue his children in ſafetie, but not for the father to ſuffer his to be ſlaine. Whence proceedeth this thy ouerlate pittie, to begin to ſeek thy loſt ſons of this which is here in ſafetie? Seeſt thou not that all thoſe that fauor the child, do deſire that thou mighteſt not find him?

Declamation. 71.

Of him that being accuſed for intending his fathers death, is thervpon renounced of him, although that in open Iudgement he was clearely acquited by equall ſentence.

YOu muſt conſider tbat in times paſt, when in iudgement there were as many voices on the one ſide as on the other, in any criminall cauſe, the partie accuſed was acquited, becauſe that iuſtice ought to regard clemency more then cruelty. Whervpon it happened that a father accuſed his ſonne of paricide, ſaying that hee intended to murther him: wherefore he being impriſoned, and the informations made on either ſide, the proofe was found ſo vncertaine, that the partie accuſed had as manie voices in iudgement on his ſide as the accuſer, whereby the accuſed is acquited. Notwithſtanding the father being diſpleaſed, forſaketh and diſheriteth his ſonne, though hee were acquited by iuſtice, ſaying:

My requeſt is now leſſe then it was, for I doe not deſire to be reuenged of thee, but only that I may be rid of him that would haue ſlaine me, I do no more accuſe him, but ſhun him. Do you thinke that hee will ſpare me being his foe, that would not ſpare me being his father? No ſurely, For becauſe hee would no difference betweene my teſtament and my death. He is not acquited of his offence, but onlie freed of his puniſhment, becauſe the ſentences were alike. To prooue him innocent hee ought to haue had manie voices, but to condemne him, there needed no more then one. The Iudges haue not found him faultleſſe, but onlie ſpared the puniſhing of his fault: wonderfull is the mercie of the law of this countrie, ſeeing that the equalitie of voices may acquite malefactors. Thou maieſt then thanke the law, not thine innocencie, for thine eſcape. Thou ſaieſt, I am acquited, and therefore you can neither account me nor call me a paricide. I allow it ſo to be, neither will I diſherit thee therefore, but for thy other vices, which are the cauſe that there are as manie that beleeue thou wouldeſt haue murthered mee as there bee that doe ſtand in doubt thereof. But who knoweth not that it is a greife for a father to accuſe his ſon, & to bring him in danger of death, although it be his deſert? What is he then that would be ſo cruel to accuſe him wrongfullie? I take God to witnes that as I am verie glad becauſe thou haſt eſcaped puniſhment, ſo likewiſe would I take away all occaſion, to accuſe thee anie more; and in putting thee away, I would take all occaſion from thee to murther thy father.

Declamation. 72.

Of the ſonne who ſtriuing againſt his father, obtained the dignity of Emperor, afterwards being taken in the wars and crucified, his father is accuſed to haue betraied him.

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

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

The fathers Anſwere.

I Did demand the Empire to ſaue my ſonne from the danger whereinto himſelfe hath fallen, I know not whether there be anie Treaſon, but you may thinke that if I were culpable therein, my ſonne would haue as little reſpect to accuſe me, as he had to ſtriue with me for the Empire. I did carrie monie thether, which I haue brought backe againe, for ſeeing my ſonne taken, I took all the gold which of long time I had hidden in my 〈2 pages missing〉 Nay who will doubt that ſhee hath not committed this fact wherewith ſhe is ſuſpected, ſeeing that ſhee cannot denie that fault which one would neuer haue charged her withall. You ſee worthie Iudges that her ſinne, her conſcience, and her owne mouth beare witneſſe againſt her, pittie then this poore dead bodie burſt and ouerflowing with poyſon, behold the bride, bed, and feaſt, turned into tears and funerals, take compaſſion of him who aboue all others is a miſerable father, and a moſt vnfortunate husband.

The wiues Anſwere.

YOu charge me with two great crimes without any likelihood of truth, that is to ſay, with adultery, and poyſoning; of the one there is neither proofe nor witnes, of the other there is a tormented ſlaue witneſſe, who not onlie to eſcape from tortures, but alſo to bee reuenged of the ſtripes which heretofore ſhe hath receiued, accuſeth her miſtris: but who is ſo ignorant, that knoweth not that ſuch vild wretches as ſhee doe ſeeke for nothing els but miſchiefe, or at the leaſt for alteration or change, and eſpeciallie when the husband and the wife are at variance, becauſe that for the moſt part all the anger lighteth vpon their ſhoulders therfore they ſeeke to mittigate their owne diſgrace by anothers diſcredite: likewiſe your ſickleneſſe, euermore readie to beleeue falſe reports, and not my faults, doth induce you to accuſe me falſely. The malice which this ſlaue did beare vnto my daughter, perſuadeth mee that ſhe hath poyſoned her, becauſe ſhee would not behold her mariage, for fear of falling forth of my hands into hers, that was yonger, & therfore more rigorous, as being leſſe ſubiect to reaſon: O what a goodlie man is this, who dooth giue more credite to a tortured ſlaues words, then vnto the long experience of the integritie of his wife: you do your ſelfe confeſſe that you would neuer haue thought that in ſeeking for the murtherer of your daughter you ſhould haue found out your wiues adulterie; it is then a ſigne that I neuer heretofore gaue you anie occaſiō to ſuſpect me for a laſciuious woman: what mooueth you then to beleeue it now? A wicked and diſloiall bond woman. Who prouoked you to ſuſpect mee for poiſoning your daughter? One word ſpoken by mee in my anger: Doe you not know that they which are iuſtly angrie or grieued do ſpeake that which they neuer thinke? Thinke you that the mother hath not a iuſt cauſe to bee angrie, when ſhee ſeeth that her daughter ſhall be married without her conſent? Seeing the mother and not the father ſuffered all the paine in bearing her, & that inforceth her alſo to loue her more tenderlie. Since I could not abide to ſee her badly married, could I bee ſo hard hearted as to cauſe her to bee murthered? Alaſſe the feare that I had of her death, made me to diuine her deſtruction. In like ſort it is euident that thoſe which are ouercharged either with anger or feare, doe oftentimes vnaduiſedly foretell ſuch miſchiefe as ſhortlie after falleth out but too true: euen ſo hath it happened vnto mee, being ouerburdened both with the one and the other accident; conſider O you Iudges, how mad this man is, who vnto his daughters death would ad his innocent wiues decay, grounding his opinion therein, vpon ſuch a word, as any one that deſired to kill another would neuer vtter. Laſtly I proteſt that he wrongfully ſeeketh my diſcredit, & therfore I requeſt that he may make me amends for my diſgrace.

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Declamation. 74.

Of Romulus who cauſed his brother Remus to be beheaded.

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 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 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 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.

The Anſwere of Romulus.

AL happineſſe ought to be hoped for (graue fathers) when in the Commonwealth the laws are not onelie good, but when they be obſerued and kept, and by the puniſhment of a great one, all the reſt are threatened if they miſſe in their dutie: mine integritie is ſufficientlie declared in ſubmitting me vnto the lawes, yea, euen in the not ſparing of mine owne brother, as in like ſort I would not exempt mine owne perſon for the obſeruation thereof. If Minus, Radamanthus, and Eocus had not ben iuſt and ſomewhat ſeuere in the performance of their lawes, they ſhould not haue obtained that immortall renowne which they now haue, neither ſhould bee held as Iudges of the infernall manſions: like as it is manie times not onlie lawfull, but neceſſarie for one hand to chop of another to preſerue the reſt of 〈2 pages missing〉 executing one of the enemies therof, not without your iudgement, but by you both condemned and adiudged, euer ſince the law was by you made & allowed; for you haue added no exception therevnto. Conſider then moſt graue Senators, and you couragious people, that if I receiue anie hurt, it is for doing good, beſeeching you alſo to beleeue, that what miſchiefe or good ſoeuer ſhall happen vnto me, cannot happen vnto anie that is more affected vnto you, or more carefull of your welfare then I.

Romulus eſcaped at this time, and raigned a long time after very cruellie, but finallie at a ſacrifice which was made out of the cittie, there fell great ſtore of rain, with horrible thunder and lightening, wherevpon the Senators tooke occaſion to kill Romulus, and afterwards hauing hewed him in an hundred peeces, euery man carried away a peece, and made the people beleeue that he was taken vp into heauen aliue, whileſt they were offering their ſacrifice, and hee was placed in the temple amongſt the gods, and named Quirinus.

Declamation. 75.

Of him who being found with a poyſoned potion, is thereby accuſed to haue gone about to poyſon his father.

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, 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 〈2 pages missing〉

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 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 〈2 pages missing〉 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.

Of the ſeruant of Lucullus who thinking to giue his maiſter a drinke to make him to loue him, cauſed him to become a foole.

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:

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 〈2 pages missing〉 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.

Of a woman who ſlew hir daughter, that had through childiſhneſſe killed her little brother.

THe law appointeth, that euery woman which killeth her child ſhould bee burned. Wherevpon it chanced in Orleans, that a poor woman which got her liuing partly by waſhing of bucks, and ſomtime with carrying of fagots about the cittie to ſell, had one daughter about the age of foure yeares, and a ſonne about one yeare old, with the which children ſhe was left a widdow by her husband. So that ſhee oftentimes being forced to ſhift the little child, ſhe ſaid vnto him as the most part of mothers and nources vſe to ſay, that if hee piſſed his clothes any more, ſhe would cut off his prick; the which the little girle hearing many times, ſhee forgot it not: but one day when her mother was gone vnto the wood, ſhe began to vnſwaddle her brother, and ſeeing that hee had piſſed his clothes, ſhe tooke a knife and cut off his yard, wherewith he loſt ſo much bloud that he died, afterwards ſhee told her mother at her returne home what ſhe had done, who ſeeing her child dead, ſhee was ſo ſurpriſed with anger, that ſhe tooke vp a little ſtoole, and ſtrooke ſo great a blow therewithall vpon the girles head, that ſhe preſently died. For the which ſhe was caried to priſon, & hir husbands brother ſuing her to death, accuſed her ſaying:

THis woman hath both ſlaine her daughter, and in like ſort was the cauſe of her ſonnes death, not onlie in that ſhe left it to the keeping and diſcretion of a little girle, but alſo becauſe ſhee had oftentimes ſpoken fondly, and threatned the child fooliſhly: did ſhe not know that whatſoeuer was ill to bee done, was not good to be ſpoken, vpon what occaſion or intent ſoeuer it be? And that as euery word that is ſpoken, is eaſily imprinted in the yoong and tender hearts of little children, ſo will they like apes imitate all that they ſee, and as children, doe whatſoeuer they heare ſpoken: why then did ſhe ſay before this child anie thing which ſhould not be done? And chiefly a matter ſo dangerous and ſo vnfitting? Did ſhe not know that children (as being humane creatures, and ſubiect naturally vnto vices) doe keepe and remember the bad ſooner then the good? And eſpecially the females, as being more vicious then the males. Some may ſay that it was a miſchiefe, which ſhee nor any other would euer haue thought vpon: but I anſwere that they ought to bee cut of which are the cauſe of ſuch miſfortunes, to the end that they may no more commit the like miſchiefs, or at the leaſt by their occaſion there doe not happen ſome other greater miſchances. If ſhe haue liued ſo badly, that ſhe had no neighbour or friend ſo fauourable vnto her with whom ſhe might haue left her little ſon in her abſence, ſhee is not worthy to liue any longer; and if ſhe had any vnto whom ſhe might haue recommended the ſame, ſhe is likewiſe worthy of death for not doing the ſame. Of what thing ought a mother to be more tender and charie, then of her child? Why then could ſhee ſuffer the one to die by her negligence, and heaping miſchiefe vpon miſchiefe, murther the other by her malice? What Tigre, Wolfe, or other wild beaſt, though neuer ſo cruell, which will not onely bee carefull of her yoong ones, but alſo will euen vnto the death defend them from thoſe that ſeeke to hurt or harme them in anie ſort? How much leſſe then will they themſelues be ſo cruell as to kill them? Wherefore muſt I be the only ſpeaker in this caſe, when as with iuſt griefe I can hardlie ſpeak anie more? If no puniſhment ſhall be vſed when women (who ought to bee true examples or perfect patternes of kindneſſe and pittie) are more cruell thē ſauage beaſts, I know not what I ſhould ſay? Sauing onelie that they are happy which either liued before vs, or that ſhall be born after vs, without beholding this our moſt vnhappie age, if ſuch a woman may be ſuffered to liue anie longer therein, who after ſhe hath ben the cauſe of her ſonnes death, hath yet further ben the author of her daughters deſtruction.

The Anſwere of a friend for the woman.

VVHerefore doe you procure the death of ſuch a one who deſireth nothing ſo much, as to die? Doe you thinke that this poore woman is not ſufficientlie afflicted, but that you muſt further ſeeke to aggrauate her ſorrow? Alaſſe wee may by her example verie wel perceiue, that a miſchiefe neuer commeth alone, ſeeing that firſt we haue euer known her to be poore, next ſhe hath loſt her husband, the onlie ſtay of her poore life, then her ſonne, and afterwards her daughter, and that which is worſt, ſhe is not onlie a priſoner in danger to loſe her life, but alſo he which ought to releiue her and procure her deliuerie, ſeeketh her deſtruction. Surelie the leaſt of ſo manie miſeries wherein ſhe is on all ſides cōpaſſed, is ſufficient inough to make her worthie of compaſſion, and free her from puniſhment. Whereof doe you accuſe her? Do you not know that it is not in our power to bridle the firſt motions of a iuſt anger? Know you not that the griefe which ſhe ſuffereth becauſe ſhe hath killed her daughter, exceedeth all the tortures that may bee inuented to torment her? For more harme doth a miſchiefe that tormenteth the heart, then all the tortures which may wound the bodie are able to hurt. Whereas you accuſe her of follie, the follie is your own when you would find in a ſilie woman, that which may hardlie be found in thoſe that gouerne monarchies or Prouinces Doe you not know that there is no vertue which is not by pouertie neglected? And that neceſſitie hath no law? Wherein then hath a poore woman offended, who hauing no other means, did leaue her children at home, whilſt ſhe went abroad to get her liuing? You ſpeake of friends, and neighbours; it is too manifeſt that charitie is ſo exceeding cold, that if one doe but twiſe deſire a fauour or pleaſure at anie mans hands, he is ſtraight ſaid to be importunate: moreouer, it is to be conſidered, that to take thoſe out of the world who haue ben the cauſe of ſome great miſchance is not the next way to redreſſe the miſchiefe, but rather to encreaſe it. Concerning the naturall malice of little children, being conceiued in ſinne, and that they retaine, or imitate the bad rather then the good, aske nature wherefore they are ſo? But you ſhall find that he which accuſeth nature, condemneth himſelfe, for we are all ſubiect to her lawes. If euerie thing ſhould be taken at the worſt, and according to your ſaieng, the moſt part of men ſhould deſerue death, and you might be one of the ſame number? Where do you find that he or ſhe is vnworthie to liue which hath not either a faithfull friend, or a louing neighbour? Seeing ſuch happineſſe is ſo rare, as all thoſe which haue written vnto this preſent time, doe not make mention of ſix paire of faithfull friends? Amongſt whom are Theſeus and Perithous, Achilles and Patrocles, Laelius and Scipio, Oreſtes and Pilades, & he muſt be a good friend with whō one would truſt his child, and more then a good one, if he will ordinatily haue the care and trouble to look vnto it. How would you then find amongſt poor women that which ſo ſildome is found amongſt ſo many famous men? It is verie likelie that this woman did not kill her daughter as being cruelly addicted to murther, but rather as being ouercome with a iuſt cauſe of anger. The compariſon which you make in likening her vnto a brute beaſt is very odious, ſeeing that ſhe would not onelie haue defended her children againſt all thoſe that would hurt them, but alſo that the compaſſion •• ich ſhe had to ſee one of them dead, induced her to ſtrike the other. In all ages there haue ben ſeene manie ſhrewd turnes and miſchances, therefore the fault happened in this our age may be repaired, if the Iudges wil be pleaſed to bee as mercifull as you would haue them mercileſſe, for by that meanes the offence of a woman ſhall be the cauſe that in after ages the mildneſſe of our Iudges ſhall be remembred.

Declamation. 79.

Of a Turke who bought a child with a red head to make poyſon of him.

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 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 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, 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.

Of him that agreed to behead his father, after his father refuſed to doe the like by him.

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

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

Declamation. 81.

Of a Chirurgion who murthered a man to ſee the mouing of a quicke heart.

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 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 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 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.

Of a rich man that compelled a poore man to giue him his daughter in marriage.

THe law appointeth, that euery maiden that is taken by force, or ſhe whom one hath had at his pleaſure by any manner of compulſion or abuſe, may either chuſe the death of him who hath forced, conſtrained, or abuſed her, or els he ſhall bee bound to take her to wife without anie portion at all to her mariage. Wherevpon it happened that a rich man of Greece entreated a poore man of the ſame contrie three ſundrie times, to giue him his daughter for wife, but the poor man would not, within a ſhort time after as hee went together with his daughter to goe to ſome place by ſea, the ſhip happened to wracke, ſo that the poore man and his daughter ſaued themſelues in a little Iſland belonging to the ſaid rich man, who at the ſame inſtant chanced to be there, wherefore this occaſion fitting to his deſire, hee friendly entertained the old man, made him good cheare, and again requeſted him to beſtow his daughter vpon him, the poore man made him no anſwere at all but wept; the rich man finiſhed the marriage with her the ſame euening: euerie one being returned into the cittie, the father would haue carried his daughter before the Magiſtrate, but her husband would not conſent that ſhe ſhould goe thether. Wherevpon the poore man ſaid vnto him:

LEt my daughter come before the Magiſtrat, if thou be an honeſt man, for if ſhe bee thy wife, what needeſt thou to feare? But if thou haſt conſtrained her, why wilt not thou ſubmit thy ſelfe vnto her choice, thy feare accuſeth thee, and is a witneſſe that thou didſt take her againſt her will; thou art no honeſt man if thou feareſt that ſhe will chuſe thy death, for he which forceth a maid cannot die too ſoone; why doe you doubt if I haue giuen you my conſent? If I haue denied you, why ſhould you haue her? Hauing demanded her of me when I was at libertie three ſeuerall times, I did euerie time denie thee: and the fourth time being in thy power, not daring to refuſe thee with my tongue, I refuſed thee with mine eies and my teares, ſeeing then that by two ſeuerall meanes thou wert refuſed, and that no bodie agreed that thou ſhouldeſt haue her, how canſt thou denie that thou tookeſt her by force? Alas, I doe leſſe grieue at my loſſe by ſea, then I am ſorrie for the other which I haue ſuffered ſince my comming to ſhoare, for betweene the time of my ſhipwracke, and the forced marriage of my daughter, there was not one night. What ſonne in law would not tarrie vntill his father in law had dried vp his teares? But how ſhould I truſt thee with my daughter, ſeeing thou dareſt not truſt me? Thy malice is an hinderance thereof, for thou knoweſt verie well that thou art the cauſe of our ſhipwrack, hauing made a fire not in the vſuall port of thine Iſland, but in ſuch a place where thou wert well aſſured the ſhip could not arriue without wracking, ſo as not in the ſea but in the countrie wee were caſt away? And I was twiſe caſt away by the loſſe of my daughter, euen when I was wet, and being aſtoniſhed with the ſea, and giddie with the wind and waues, thou cameſt vnto me to requeſt my daughter: as a ſhip wracked man, and a captiue I did my indeuour, refuſing that by my teares, which being free I did with my tongue three times denie thee, thou rich leacher, but yet thou ſeing vs in ſuch calamitie, thoughteſt once more to win vs to thy lure. It muſt be knowne whether that may be called a mariage which is done in the nooke of an iſland being almoſt deſert, where none were preſent but a few people that eſcaped from ſhipwracke, all our tears were tokens that wee deſired no ſuch thing. They are arguments of vnwillingneſſe and witneſſes of the hearts ſorrow, no man weepeth for that which he deſireth, but teares are in ſteed of intreaties for thoſe which are ſhamfaſte, and are aſhamed to intreat; Thou canſt not then deny that thou tookeſt my daughter by force, and it is the more likelie, becauſe thou wilt not ſubmit thy ſelfe to law, and ſtand to her choice whether ſhee will haue thee for her husband or no.

The rich mans anſwere.

THou haſt nothing to ſay nor anie thing to doe with my wife, except it be to ſee her. Neuertheleſſe, I refer it to her owne choice whether ſhee will goe to the Magiſtrate yea or no: but I would not that it ſhould bee at thine inſtance nor when thou wouldeſt, for I doe verie well know that ſhe was neuer content with thoſe refuſals that thou madeſt me, therefore can it not bee ſaid that I haue taken her againſt her will, nor againſt thy liking, for by the lawes ſilence is a conſent; concerning thy teares, I tooke them for a good token, beleeuing that they proceeded for ioy, not only that thou haddeſt eſcaped drowning, but to ſee that in ſo great miſerie I did not yet diſdaine to be thy ſonne in law, as alſo that thou wert ioiful to behold my conſtancie in louing thy daughter. For teares are not as thou ſaieſt alwaies ſigns of ſadneſſe, but ſometimes tokens of ioy, and eſpecially when they are accompanied with ſilence, for ſorrow inforceth a man to ſpeake, and ioy prouoketh ſilence. As for the fire which thou ſaieſt I did make to cauſe the ſhip wherein thou waſt to bee caſt away, there is none but thou that cōplaineth thereof, for euerie one knoweth that my ſheepeheards made that fire for their commoditie, without thinking to hurt anie man thereby. And for the marriage it was ſolemnized as commodiouſlie as the place could afford. And it is not to be wondered at, if one who hath long time loued moſt feruentlie, did take the fruition of his loue as ſoone as poſſiblie he might, for the nature of louers is, to thinke euerie minute a month; and fearing to loſe the good ſo much of them deſired, they can hardlie beleeue that which they both ſee and touch. I will willinglie ſubmit my ſelfe to the law, but I will not that thou ſhouldeſt haue the credit to compel me in anie ſort. Thou haſt no cauſe to complaine of thy ſhipwracke, ſeeing that from the ſame two holie actions haue proceeded, that is to ſay, hoſpitalitie, and mariage, I offered thee the one, and intreated thee for the other. Thou art deceiued if thou thinkeſt that I will loue thee or thy daughter anie whit the more, my life hauing ben once in your power, the loue which I doe beare vnto her is great inough, without bringing me vnto ſuch an ouergreat extremitie, far better is a free and voluntarie loue, then is that which proceedeth from anie bond; my affection cannot be increaſed, becauſe it is alreadie perfect. My marriage declareth that I neither rauiſhed nor conſtrained thy daughter at all, vnleſſe it be becauſe I married her without anie ſubſtance at all, if thou art not content that I haue ſo done, giue mee her portion and I will accept it. If thou haſt no goods, vſe mine as the goods of thy daughter, and let vs liue in peace.

Declamation. 83.

Of a blind woman that would haue detained her ſonne from redeeming his father out of priſon.

THe law appointeth, that euery child which was old inough to ſerue and releeue his father or mother, and would not indeuour himſelfe ſo to doe, ought to bee impriſoned or kept in bonds as a bondſlaue. Wherevpon it chanced that a man made a long voiage by ſea, leauing his wife and ſonne at home; being vpon the ſea, he fortuned to be taken by Pyrats, ſo that he was conſtrained to write vnto his wife and ſon, that they might find the means to ranſome him out of captiuitie. The wife wept ſo much as ſhe became blind therewith, the ſonne would needes depart to redeeme his father, but his mother would detain him, demanding that ſeruice at his hands wherevnto the law did bind him, and would haue cauſed him to be laid in bonds, becauſe he would not tarrie, the ſonne pleaded againſt her thus:

IT is ſufficient that two remaine in bondage without deſiring that the third ſhould likewiſe bee laid in bonds, the priſon detaineth my father in thraldome, and your bondage mother is your blindneſſe. Wherefore will you heape miſerie vpon calamitie in bringing me alſo in captiuitie? what wrong doe I vnto you in leauing you a little while for ſo good an intent as to releiue my father? Will you haue the world to doubt that you are not ſo louing a wife towards your husband as alwaies hetherto they haue eſteemed you? Will you that for your ſake a man may ſay that all women are in their extremities? Doe you not know that vertue conſiſteth in a meane? Will you haue me to forſake my father? do you not perceiue that his captiuitie ſummoneth mee to trauell for his libertie? Doe you not conſider that the chiefeſt part belongeth to the father, and the ſecond vnto the mother? He is abroad, you are at home, he is in bondage, you are free, you are amongſt pittifull Cittizens, hee in the hands of pittileſſe Pirats, his feet are fettered, but thanks to God yours are at libertie: true it is that you are blind but alaſſe he is farre more miſerable then you, for your blindneſſe hindereth you from beholding an infinite number of things which would vex you, but he continuallie ſeeth his enemies, vieweth his chaines whippes and baſtinadoes which he often feeleth and hourly feareth, and looketh vpon the oare and other inſtruments wherewith he is euermore tired. You ſay the voiage is too dangerous for me, how manie are there, that to win the loue of ſome gay ladie, will not ſticke to aduenture anie daunger whatſoeuer? Why then ſhould I feare to deliuer my father? Conſider that ſuch as hinder others from well doing, doe amiſſe themſelues, and that hee which giueth not all the aid he can vnto thoſe that are afflicted may be well ſaid to bee the onlie cauſe of their affliction. Wherefore deare mother, I beſeech you not to be one of that number, or if you will needs bee, yet ſuffer me not ſo to be.

Declamation. 84.

Of a rich man who thinking to burne the tree of a poore man, did alſo burne his houſe.

THe law appointeth, that whoſoeuer harmeth another man vnaduiſedly, he muſt but onely recompence the hurt that is done, but if anie doe a miſchiefe of ſet purpoſe or maliciouſly, hee muſt make ſatisfaction for the ſame fourefold. Wherevpon it happened, that a rich man dwelt next houſe vnto a poore man, that had in his ſmall garden a great tree growing, which did take away a great part of the proſpect from the rich mans houſe, who did oftentimes intreat the poore man to ſell him the ſaid tree, but hee would in no ſort conſent therevnto, affirming that it ought 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, 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 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.

The rich mans Anſwere.

I Did not burne thy tree through malice, but was conſtrained therevnto by neceſſitie, for the ſame hindering the wholeſome aire that might breath into my houſe, made it peſtiferous: how manie times haue I intreated thee, ſaieng; take what thou wilt of me, and let me at the leaſt lop the branches of this tree, for they do not profit thee in anie ſort, but they annoy me greatlie? Yet was it neuer poſſible for me to obtaine ſo much fauor at thy hands: to what end ſerued thoſe boughes, which did nothing at all ſhaddow thine but my houſe? Manie ſuch like requeſts haue I made vnto thee, but it was in vaine, becauſe the deſire that thou haddeſt to annoie my houſe, hindred thee from chuſing that which was profitable both for thee & thine; for thoſe boughs did alreadie ouerpreſſe part of my houſe, and thruſt downe the wal, and finallie would at the length not onlie haue ſhaken, but quite throwne downe the ſame, for there is no violence ſo great as that which increaſeth by little and little; but why was the law of fourefold reſtitution made, but onlie becauſe the lawmakers did aſſuredlie thinke, that there would be men as obſtinate as thou, of whom it ſhould be impoſſible to obtaine anie reaſonable thing by courteſie? I cauſed the tree to be burned in the night, to auoid the ſedition of the people, I did not think that the fire ſhould haue paſſed anie further, but what can I doe withall if misfortune (the iuſt reuenger of thy obſtinacie) do purſue thee? It cannot be ſaid that I vſe anie tyrannie, becauſe I am readie to ſubmit my ſelf vnto law. And the compariſon which thou makeſt between the rich and the poore man is no leſſe odious then abſurd: for the difference conſiſteth in that the rich man is able to doe more for the conſeruation of the Commonwealth then the poor man can; for he vnto the great ſtore of his houſhold ſeruāts may likewiſe entertaine other ſouldiors for the defence therof, whereas the poore man at that inſtant ſerueth for no other end but to increaſe the famine, or to diſcourage others: in like ſort there is as great difference betwixt my deed and the fact of Nero, as there was betwixt thy tree and thy houſe, and the great cittie of Rome. Finally ſo ſmall a trifle is not worth ſo much talking, and chiefly becauſe I refuſe not to ſatisfie thee according to the law, and thine owne requeſt, for the law appointeth that whatſoeuer I haue burned willinglie, I ſhould reſtore vnto thee fourefold, and for the reſt which was vnwillnglie done, I ſhould but onlie pay thee for it as it was worth.

Declamation. 85.

Of Agamemnon who firſt promiſed, and after would not ſacrifice his daughter Iphiginia.

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, it may be to puniſh your ambition, or to chaſtiſe the pride of your wife, or rather to extirpate the preſumption of the ſame your daughter? Trulie I beleeue if none of all theſe three reaſons doe prouoke the chaſt Goddeſſe vnto iuſt puniſhment, yet all theſe three together doe ſtir her vp vnto a iuſt reuenge; iuſt I ſay, becauſe that the gods doe neuer anie thing vniuſtlie: but who knoweth if the goddeſſe (foreſeeing the future laſciuiouſneſſe of your daughter) be determined to haue her before ſhe be ſtained, or els that ſhe deſireth to haue an vnſpotted virgine to be offered vp vnto her, that ſhe might be the more fauorable vnto vs, and make vs conquerors ouer the rauiſher of the chaſtitie of Helena; for whoſe defence you and all the nobilitie of Greece were bounden, before ſhe did chuſe me for her lord and husband: and yet whileſt I was abſent, you ſuffered her to be rauiſhed & caried away, which maketh me to thinke that the Goddeſſe being diſpleaſed with you, is deſirous to haue the ſame fault purged in the preſence of all the Grecians, by the death of your daughter. Finallie, the iudgements of the gods are ſecret, but when their wils are manifeſt, they ought to be accompliſhed. The goddeſſe requireth Iphiginia, you haue promiſed her, we doe looke for her, therefore we ought to haue her; eſpeciallie ſeeing all the skill that man hath is notable to prolong her life one onlie minute againſt the will of the gods: and although you might ſaue her, yet ought you not to preferre her life either before ſo manie worthie Grecians, or before the honour of all Greece. But why ſhould all the reſt of Priams ſonnes, or anie other Barbarian feare to enterpriſe anie thing againſt vs, If it ſhal be reported that for to ſaue, or thinking to prolong a maidens life, the whole armie of the Grecians aſſembled together at ſuch an infinit charge and with ſo great trauel ſhould of it ſelf be ſo ſuddainlie diſſolued. What ambition can be then more great, then to vſurpe the title of a Generall, and not to performe the dutie therof? And what Treaſon is more manifeſt, then to goe about to defraud all Greece of the honour obtained by the blood of our anceſtors? If it was thought a ſtrange matter that Vliſſes fained himſelf mad becauſe he would not goe vnto the warres, and if for the ſame cauſe the parents of Achilles were diſpiſed hauing concealed him in the habite of a woman? What ſhall wee ſay of you, who would not onlie deceiue our armie of one or two men, but would (if our ſelues wee will not giue it ouer) that all of vs ſhould bee ſwallowed vp in the waues of the ſea? Doe you not conſider that the greatneſſe of your charge bindeth you to bee more couragious and righteous, then all the reſt? Who then will iudge you to be ſuch a one, if you repugne againſt the will of the gods? If you contrarie the deſire of al men? and without anie ſhame at all, performe not your promiſe? If it be ſo, I dare ſay the Grecians are vnhappie in chuſing ſuch a Generall, and you an vnhappie Generall ſeeing that by your default the Grecians ſhal loſe their ancient reputation. You may ſay that a fathers loue is great; I agree therevnto, ſo ought ſuch as are higheſt in authoritie (as you would be) condiſcend vnto great things, eſpeciallie when as reaſon requireth: conſider then for whom you doe giue your daughter, it is for the honour of your brother to recouer your ſiſter in law, for beautie the onlie paragon of all the world. It is to be reuenged of our enemies for the ſafetie of our countrie, to confirme the ancient valor of our nation, to winne vnto your ſelfe an immortall glorie, and that which is more then all the reſt, to fulfill the good pleaſure of the gods: of whō one alone is able to deſtroy all mankind. Conſent thē (as you are bound) to obey their diuine power, to performe your dutie, to pleaſure your brother, to recouer your ſiſter in law, to ſaue the Grecians, to mainetaine their ancient reputation; and eſpeciallie to ſhun the name of a traitor. That your daughter my niece, may bee offered vp a pleaſing ſacrifice vnto the gods, who do neuer requeſt any thing hurtful vnto their creatures, and it may bee that they will ſaue her; as well to manifeſt their mercie, as to prouoke vs ioifullie to obey their commandements, from the which wee can in no ſort excuſe our ſelues.

Declamation 86.

Of him that hauing taken vp and foſtered two yong vnknowne orphants, did maime them becauſe he might the better beg with them.

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 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 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.

Of a gentleman who required to haue thoſe goods of his reſtored which his ſonne had ſold, in prouing by law that his father was dead.

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 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 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.

Of Horatius, who after he had himſelfe alone vanquiſhed the three Curiatij, ſlew his ſiſter that bewailed the death of her husband.

ABout that time as Rome began to flouriſh, thoſe of Alba, an ancient cittie, and to ſay the truth, the very ſame from whence the Romanes had their beginning, had ſome grudge towards Rome, through which there aroſe a mortal war between them, the which after many skirmiſhes, and ſundrie combates, they agreed to end in this ſort, vz. That the three brethren of the Albanois named the Curiatij, ſhould fight hand to hand againſt other three brethren of the Romanes called the Horatij, vpon condition that thoſe which were ouercome, their cittie and Commonwealth ſhould for euer bee ſubiect vnto the other, without contradiction or refuſall: wherevpon the ſaid combattants being entred the liſts, the elder and the ſecond brethren of the Horatij were ſuddainlie ſlaine, the which the yoongeſt perceiuing, he fained to run about the field as though he had beene ouercome: wherfore the others were aſhamed to purſue him altogether, ſo that one alone following him eagerly, Horatius ſuddainly turned backe and ſlew him, and in the ſame ſort he ſlew the ſecond that was ſomwhat too ſlow in ſeconding his brother: then making head againſt the laſt, who had maried the ſiſter of the ſaid Horatij, he likewiſe ſlue him, not without receiuing alſo manie wounds himſelfe, whereof when he was healed, hee came in triumph to Rome, al the people and the nobleſt matrons of the citie meeting him by the way, amongſt whom by the commandement of her father his ſiſter alſo went, who had loſt her ſaid husband in the combat; ſhe ſeeing her brother triumph ouer the death of her husband, & her brethren in law, loſt all patience, and ſetting apart al reſpect, inſtead of welcomming him home, ſhe ſaid vnto him: Thou cruel menſter how haddeſt thou the heart to ſlay my husband? and ſaying ſo, ſhe burſt forth into abundance of tears, wherwith he being inraged, anſwered: art thou ſhe alone amongſt ſo many honorable ladies that art ſorrie for the proſperitie and libertie of Rome, or that repineſt at my victory, and ſaying ſo, he gaue her a blow with his ſword on the breaſt, afterwards ſuddainly repenting himſelfe for the deed, hee alighted from his triumphant chaire, indeuouring (if it had ben poſsible) to haue gotten life in her again, but he could not, for ſhe ſuddainly died, being great with child. For which deed thoſe that maligned the glory of Horatius, tooke occaſion to accuſe him ſo ſharply, as he was cōdemned either to bear the yoke of an exe vpon his neck through Rome, in ſigne of bondage, or to bee whipped with rods, and hanged vpon a croſse vntill hee were dead, but he appealed from this ſentence, and his father pleaded for him in this ſort:

WHether are your hearts and vnderſtandings caried, O you Romanes, that you will thus perſecute your redeemer? Doe you not know that aboue all other vices, Ingratitude is moſt diſpleaſing vnto the gods? How can you then proſper? Surelie it is impoſſible: Will you oppreſſe him, that could not bee diſmaied with the death of his two brethren, much leſſe diſcouraged with the preſence of his three enemies? Will you deſpiſe him whom the gods haue cauſed to be borne for the libertie and honour of Rome? Know you not that in all this, none hath been harmed but I? Is it not ſufficient that I haue loſt two ſonnes and a daughter, but that I muſt alſo loſe this ſon too, who onlie is left to be the ſtaffe of my age, and comfort to my forepaſſed afflictions? why would you make him a bondman that hath been the cauſe of your freedome? Doe you not feare that this is an vnluckie token, which threateneth all your 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 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.

Of Diogenes that would not reſtore a cloke which one had lent vnto him.

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.

The anſwere of Ariſtarchus.

AS I did willinglie lend my cloke vnto thee, ſo may I take it from thee when I thinke good: and as the law of nature commandeth me to haue compaſſion of my neighbour, and to helpe him, as I haue holpen thee as much as poſſiblie I could in lending thee this cloke, euen ſo now it commandeth mee to take it againe becauſe I ſtand in need thereof: for hee that is bad or vnprofitable for himſelfe, can neuer bee good for others. The law of nature commandeth thee not to bee vnthankfull towards him that hath done thee a pleaſure, much leſſe to detain by force, that which one hath lent vnto thee friendly.

Declamation. 90.

Of the three Fabij, who being ſent Embaſſadors vnto the Gaules, did fight against them.

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 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 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.

Of a yoong youth, that made himſelfe a Nunne to enioy one that he loued.

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

EVerie lawfull vow ought to be voluntarie, wherefore you cannot conſtrain me to enter into religion againſt my will. You ſay that I haue made a vow alreadie, I referre it to your iudgement, whether being a man, I might become a Nunne? If ſuch a vow be lawfull, then let me bee ſtill a Nunne: If it bee not lawfull, then is it of no force, and ſo conſequentlie I am thereof freed, or at the moſt, to bee puniſhed in ſuch ſort as by the law it ſhal be appointed, if there be any law that maketh mention of the like fault: and if there bee no law that maketh mention thereof, it is a token that whatſoeuer I haue done is no crime, for there is ſome law appointed for euerie fault: for as lawes are made for the good of the Commonwealth, 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 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, 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.

Of Don Ferrand, who puniſhed the mutined Spaniards, and afterwards is therefore accuſed.

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

IF diſcretion might be giuen as well as dignities are granted, we ſhould not now need to demand his death, who hath depriued the liues of a number that were ſeruitors to Caeſar as well as he, and no leſſe ſeruiceable: the which he would neuer haue done, if he had conſidered that neither he nor anie other could haue that honor to be Generall of an armie if the ſouldiors did not freelie determine to ſerue their Prince, and follow the warres, eſpeciallie, if they would altogether with one mind refuſe ſo to doe: but hence commeth the miſchiefe, that thoſe which haue not firſt learned to be controlled, do neuer know rightly lie how to commaund? Wherefore Hannon ſaid well when Hasdruball commanded in Carthage, and Hanniball was to be ſent into Spaine, being verie yoong; It were better (ſaid he) that this yonker tarried here in the cittie to learne how to obey lawes, then to teach him ſo ſuddainlie to command in a forraine land. Likewiſe, we are to conſider what was the end of Pompey, who following the faction of Silla, was ſooner made a captaine then a ſouldior: euen ſo thoſe of our time which are noblie borne doe command, before they are able to diſcerne peace from warres, the friend from the foe, good from bad, and reputation from reproch; wherevpon it chanceth, that as Hanniball was the cauſe of the ouerthrow of Carthage, and Pompey the decay of the Commonwealth of Rome, ſo theſe captaines made in haſt preſuming ouermuch of their own courage, might impaire the proſperitie of Caeſar, if his fortune together with his vertue were not inuincible. But yet there is another miſchiefe, which is, that Iralie (which may bee tearmed the churchyard of Spaniſh ſouldiors) bringeth foorth few men which are well affected to the Spaniſh nation: who to ſay the truth, being worthie men, are alſo ſomewhat haultie minded, the which the Italians doe attribute vnto their pride, which is the chiefeſt cauſe why they doe for the moſt part hate them: wee will not be inquiſitiue whether heretofore Don Ferrand hath been the cauſe of the death of a number of other Spaniards, but we may well ſay that he hath made thoſe (whom hee left in the deſert Iſland) to die the cruelleſt death that might be imagined, without anie iudgement, Counſell, or conſent of Caeſar, as if men were nurſed and brought vp for nothing. Surely, it ſhould ſeeme that he did not ſee what paines was taken in Spaine to aſſemble ſuch a number of ſouldiors together, what ſtir there was to embarke them, how hardlie they croſſed the ſeas, and what time was ſpent in diſciplining them for the warres, all which things was not done without great charge and expence vnto the Emperour, and the daunger of their owne perſons; and they were no ſooner deliuered ouer to Don Ferrand, thorowlie furniſhed and readie for the warres (as if they had ſprung forth of the earth in one night, like vnto Muſhromes) but that he did preſentlie thruſt them not onlie into all the greateſt dangers that might be, when as manie times there was no great occaſion: but alſo becauſe he would be reuenged for the faults of ſome few of them, he hath done them all vnto the cruelleſt death that he could inuent. But wee would demaund of him how it could be poſſible that they ſhould be all culpable, and whether they were all authors of ſedition? For that is not onelie hard, but impoſſible: had it not beene better then for him to haue puniſhed the authors, that therby the conſenters might haue beene terrified or chaſtiſed, and the good cheriſhed and maintained? Or if he would needs haue had them to die, could hee not haue ſent them forth vpon the foe? Where reuenging their death, they might at the leaſt haue weakened his forces. We read indeed how the Romans tithed their mutined ſouldiours, and vſed other like puniſhments, but it was neuer ſeen or heard that they put them all to death; and eſpeciallie in Spaine vnder the conduct of Scipio, where there was not onelie a mutenie, but alſo Vmbrius Atrius, and Calemus Albius tooke vpon them the authoritie of Conſuls by the agreement and at the inſtance of the ſouldiours, yet were none puniſhed but the authors of the deed, and the reſt were paied, emploied, and allowed for good ſouldiours, not becauſe the Romans had not as good meanes to ſend other ſouldiours from Rome into Spaine (and better then wee haue now to ſend out of Spaine into Italie) but this was the reaſon: the Generall was a Romane, and he not hating the nation, was onlie contented to puniſh a few of the offenders, & by the ſeueritie of that exemplarie puniſhment, to terrifie and feare the reſt: for it is verie certaine, that thoſe which are threatened doe liue better then thoſe which are puniſhed, for the puniſhment being done, the feare is paſt, and oftentimes it engendereth ſuch a malice, as maketh them to commit farre greater faults then the firſt; as (it may be) the effect ſhall bee ſeene by thoſe which by ſome meanes may chance to eſcape from thoſe Iſlands: doe but imagine if there had but a few ben puniſhed, what dutifull men thoſe which had ben pardoned would haue prooued, to ſhew that they were worthie of pardon, and to cauſe their paſſed offence to be forgotten? But yet if all this could not haue moued him to ſpare them, yet ſhould hee haue done it becauſe it is ſo difficult a matter to draw verie often manie men foorth of Spaine, where there is no great ſtore, as alſo for the great treaſure that is 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 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 Don Ferrand hath committed, for the which we require that iuſtice may be executed.

Declamation. 93.

Of the Matrons who are accuſed for poyſoning the Senators.

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 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 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 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.

Of an Earle of Flanders, who by a wile did hang foure gentlemen for a robbery.

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:

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, 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 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.

Of a Jew, who would for his debt haue a pound of the fleſh of a Christian.

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 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 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.

Of Palamedes, who was accuſed by Vliſſes that he meant to betray the Grecians.

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 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: 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 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 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. And let not paſſion O you Grecians cauſe you to forget my former words ſpoken of pure zeale, onlie for your preſeruation.

Declamation. 97.

Of the Romane Dictator, who would haue put the maſter of the horſemen to death, becauſe he fought againſt his commandement.

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 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 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 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 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.

Of the diſherited ſonne, who claimed to haue his inheritance againe of the heires of him, vnto whom his father had giuen them.

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:

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 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.

Of two Citizens that were tortured, the one for demanding a debt, the other for denying the ſame.

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

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

Declamation. 100.

Of the controuerſie betwixt Titus Quintus the Roman Conſull, and Nabis tyrant of Sparta.

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, 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 〈2 pages missing〉 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 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 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.