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A18810 Marcus Tullius Ciceroes thre bokes of duties to Marcus his sonne, turned out of latine into english, by Nicholas Grimalde. Cum priuilegio ad imprimendum solum.; De officiis. English Cicero, Marcus Tullius.; Grimald, Nicholas, 1519-1562. 1556 (1556) STC 5281; ESTC S107889 142,475 356

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felouship of man I think good to fetch sōwhat farder of For the first is that which is to see in the felouship of al mankinde The bonde wherof is reason and speeche which by teachīg learnig conferring reasoning iudging winneth one man to an other and ioineth them in a certein naturall felouship Nor by anie thing furder we differ from the nature of sanage beastes in whome we saie oftētimes ther is an hardinesse as in horses and lions but we neuer saie they haue iustice equitie and goodnesse for they be voyde of reason and of speeche And surelic this is y ● felouship that spreadeth moste largelie with men amōge themselues and with all among all in the which ther must be kept a cōmonnesse of all thinges y ● nature hath bredde to the common vse of man so as the thinges which be appointed by statutes the ciuil lawe be obserued in such sorte as it is ordeined beside which all other thinges ar so to be obserued as is in the Greeke prouerb Emonge frendes al thinges be cōmon But all those thinges seeme common to all men which be of that kinde as beeing put for example by Ennius in one thing may be applied to manie The m●…n that gentlie showes th●… way vnto the ●…andering wight Doth●… as if 〈◊〉 a candle shoulde at his owne candle light That nathelesse ' it light himself when lighted is the other For inough is taught vs by one example y ● whatsoeuer we may lēd without hinderaunce it be graunted to euerie bodie yea to the vnknowne Wherupon these thinges be cōmon Not to forbidde one the rūnīg water To suffer one y t will to take fire at our fire To giue faithfull coūsell to him y t asketh ad uise which thinges be profitable to those y t receiue thē nothing burdenous to the giuer Wherfore we must bothe vse these thīges somewhat alwaies must we doo to furder the cōmō profit But sithe eche priuate mānes substaūce is small and the multitude is endlesse that neede it cōmō liberalite must be referred to that end of Ennius That nathelesse it light himself so as ther may bee an abilitie wherwith we may be liberall to our owne Ther be mo degrees yet of the felouship of men For to leaue that endlesse noumber ther is a nier degret to bee of one countrie of one nation of one language by the which men be chieflye knit togither A nerer also it is to be of one citie For ther be manie thinges cōmon to citiezens among them selues as lawcourts churches galereywalkes hyewayes statutes lawes iudgemētes voices customes and besides these familiarities and hauing to doo in sondrie maters and bargains with sondrie folke But a faster knitting of men togither is the felouship of kinsfolke For out of that īnumerable felouship of mākinde it is driuen to a litle and a narowe comepasse For whereas by nature this is cōmō to all liuing creatures to haue a lust to engēdering the first felouship is in verie wedlok y ● next in childern after y t one house all thīges cōmō And this is y ● original of a citie as it were y ● seedplotte of a cōmōweale Thē folow y ● kinreds of brethern after of brothers and sisters childern who when they now cānot be cōteined in one house get thē abrode to other houses as īto neew tounes Then folow entermariages and aliaunces of which also mo kinsfolke do arise Which multiplication and succession is the roote of cōmonweales Surelie the matching of bloodes and good will that riseth therof knitteth men in loue togither For it is a great mater to haue the like monumentes of aūceters to vse al one religiō and to haue the same burial places But of all felouships ther is none better none more assured thā whē good men alike in condicions bee enfeloushipt in familiaritie togither For that honestie which we haue oftē mentioned although we see it in an other yet it mooueth vs maketh vs frēdes to hī in whome the same seemeth to dwell And though al vertue allureth vs to her causeth vs to loue thē in whome she seemeth to harber yet iustice liberalitie worketh that moste of all But ther is nothing that winneth more loue nor surelier knitteth men togither than a likenesse in good condicions For in whome be like desires and like mindes it happeneth amonge them that either with other is as much delited as with himself and it is brought to passe that Pythagor as requires in amitie that man●…e becōme one That common felouship also is greate which groweth of benefites to and fro giue and taken Which while they be cōmō from one to an other and pleasurefull they amōg whome those happen be tyed in a fast felouship But when ye haue per used all these thinges in your reason and minde of all felouships ther is none more acceptable nor derer than the same which euerie one of vs hath with the commonweale Dere be our parentes dere be our children dere be our kinsfolke and familiars but our countrey conteines in it alone all the dere loue of thē all for the which what good man doutes to take his death if he may profit the same Wherby their beastly crueltie is y ● more to be abhorred who haue rent a sōder their ●…oūtrey with al maner of mischief and bothe bee and haue been occupied in y ● vtter ouerthrowīg therof But if question or comparison be made to whome the greatest dutie ought to be yeelded our coūtrie and parents be the chief by whose benefites we ar moste bounde our children and all our holle familie be the next which hang al vpon vs alone and can haue none other refuge then be our kinsfolke that agree well with vs which commonlie stand in the like estate Wherfore the necessarie aides of life bee due to thē chieflie whome I spake of before but conuersation and cōmonnesse of table coūselinges cōmunications exhortations cōmefortinges yea and chydīges otherwhile amonge frendes bee moste vsed and that is the pleasaūtest frēdship which likenesse of conditions hath yoked in one But in doing all these duties we must marke what is most need full for euerie man and what euerie bodie is able or vnable by vs or withoute vs to attein So the degrees of frendshippes shall not d●… alike with the degrees of times and ther be duties which ar due to some more thā to other somme as you shall sooner help your neibour in inning his corne than either your brother or your familiar frend but if ther bee a trauers in lawe you shall rather defend your kinsman and frend than your neibour These therfore and su●…h like must bee thorowlie considered in euerie dutie and we must so vse and practise our selues that we may be good countmakers of duties and see by
must by all meanes take heede that we be thought to haue done it vpon good aduisement But forasmuch as a litle before it is said y ● we must folow our aunceters first be this excepted y ● their ●…ices ar not to be folowed next y ● we folow thē not in some thinges y ● our nature will not beare as the elder Africanus sonne who adopted this our Paulus sōne could not be so like his father bicause of sicklye weaknesse as y ● other was like his 〈◊〉 case therfore one be not able either to pleade causes or to retein y ● people with orations or to folowe the warres those thinges yet he ought to perfourme which shal lye in his power as iustice faithfulnesse liberalitie sobermoode tēperaūce to thintēt the thing which he lacks may be the lesse missed in him Trulie the best inheritaūce y ● fathers leaue to their childern and more worthe thā all liuelod is the glorie of vertue worthie deedes wherunto to be a staine it is to bee accounted bothe vice and shame And bicause not alike duties ar assigned to vnlike ages and somme ther be for yongmen and sōme for the elder sorte sommewhat also we haue to saie of this diuersitie It is therfore a yōgmās part to reuerēce his elders of these to choose oute the best and most cōmended whose counsell authoritie he may leane vnto For the vnskilfulnesse of tender yeres must by oldemens experience be ordered and gouerned And this age speciallie from lustes is to be wayned and to be brought vp in labour paines taking bothe of minde bodie that both in martiall and ciuil duties their diligēce may appeare Also when they will refresh their wittes and giue themselues to pastime let them beware of intemperaunce and remember shamefastnesse which shall be done y ● easlier if at such thingꝭ also their elders will be in presence But for olde men labours of the bodie ar to be diminished and exercises of the minde seeme meete to be encreased and they must giue their diligence that much they ayde their frendes youth speciallie the cōmōweale with coūsell wisdome But nothing more of age is to be taken heede of than that it giue not itself to lithernesse and idlenesse As for riotte to euerie age it is reprochefull and for olde age moste shamefull But if the intēperauc●… of lust be ioyned with it ●…er is a dubble inconueniēce bicause bothe age self taketh shame by it and it causeth yongmēnes intēperaunce to be more shamelesse And this trulie is not oute of the mater to speake somwhat touchīg the duties of magistrates of p●…uate mē of citiezens and of straūgers It is therfore the proper office of a magistrate to consider he representes the persone of the citie that he ought to maintein the honour and reputatiō therof and to keepe the orders of thesame and to serte oute lawes fit therfore and to remember they be c●…mitted to his charge A p●…uate man it behoues to liue in an equalitie and likenesse of lawe with the citiezēs neither as an vnderling and abi●… nor bearing himself to hye and also in the commonweale to seeke those thinges that be quiet and honest For such a one we ar wōte bothe to call and counte a good citiezen But it is the dutie of a straunger alien inhabitaunt to meddle nothing beside his owne bysinesse nor to enquire anie thing touching an other mā nowhit in a straūge cōmonweale to be curious Thus for the moste parte duties shall be founde oute when it shall be sought what becōmeth what is agreable for persones times ages And ther is nothing that becommes a man so much as in euerie doing and taking of aduise to keepe a stedfastnesse But bicause y ● same cōlinesse appeareth in all deeds wordes in the mouing stayeng of the bodie thesame consisteth in three thinges wellfauourdnesse order furniture meete for ones doings somwhat hard it is to expresse but it shall suffise so it be conceiued in these three conteined is that care also that we be alowed of those with whome and amōg whome we liue of these maters likewise a fewe wordes let vs saye First verie nature seemeth to haue had a great respect of our bodie which hath sette moste in sight our physnomie and the rest of our shape wherin ther is an honest showe but she hath couered and kept close the partes of the bodie giuen for natures necessitie which els should haue an euilfauourd and fowle sight Mennes shamefastnesse hath folowed this so conning a frame of nature For whatso nature hath hydden thesame all men who be well in their wittes do keepe frō the yie they doo their endeuour to serue verie necessitie as closely as they may and of what partes of the bodie the vse is seruile neither those partes nor their seruice by their names they doe call and so that which to doe it is no shame if it be secretlie to tell it is vnclenly And therfore neither the opē doing of those thinges is voyde of vnshamefastnesse nor the talk withoute filthynesse Neither truly ar y ● Cynikes worthy to be herd nor any of y ● Stoiks which ar almoste Cynikes who do reproue vs mock at vs bicause we call those thinges in wordes shamefull to be spoken vpō which bee indeede not dishonest and yet those thinges that be vnhonest we terme by their names As to go a theeuing to begyle one to commit aduouterie is a thing indeede dishonest but it is tolde withoute dishonestie likewise to gette childern indeede is honest but to be vttered in talke it wer vnclenly And mo thinges for that purpose be reasoned by y t said philosophers against shamefastnesse But let vs folow nature and shonne all thinges y t abhorre the verie pleasing of our yie and eare Let our standing going sitting lyeng chere yies and mouing of handes keepe that same comlynesse In which thīges two faultes we must speciallie take heede of that nothing womannishly or deyntily and nothing blockishly or cartarly we doo Neither must we agree that these thinges should be seemly in players and oratours and left loosely in our selues The custome of the stageplayers euen of an olde order hathe so greate regarde to shamefastnesse that noman commeth on the stage withoute britches For they ar aferd leste if it chaunce by anie mishappe that sōme partes of the body be discouered they should be seene vncomlye And as the fashion is w t vs childern growing to mannes state be not bathed with their parēts nor sōnes in lawe with their fathers in lawe Therfore this kinde of shamefastnesse is meete to be obserued namely when nature
succour and withstād he would leaue sett aside all those studies yea though he thought he wer able to nomber the sterres or to measure the huge comepasse of y ● worlde the same man also would doo as much in his parents and in his frendes cause and perell By which thinges it is gathered y ● before y ● studies duties of knowledge the duties of iustice ar to bee preferred which doo belonge to y ● profit of men than the which a mā ought to holde nothing derer Also they who haue spent theyr holle life and studie in knowledge of thiges haue not yet withdrawne themselues frō helping to increase mennes profits and commodities For they also haue enstructed many to make thē the better citiezens and the more profitable in theyr commonweales as Lysis the Pythagorean scholed the Lhebane Epaminondas Plato taught Diō the Syracusian and many other many mo and whatsoeuer we ourself brought to the commonweale if any thing we haue brought we cāme to it enfourmed by teachers and furnished with lexning And they not onely while they liue and bee present do schoole and teache the studentesof lerning but after their death also by their monuments of lerning they ●…o thesame For they haue not ou●…passed one pointe y ● cōcerneth lawes custōes ●… the commonwelth knowledge so as they may seeme to haue employed their quiet studies to our common affair●…s Thus they being themselues giuen to the studies of lerning wisdōe do chiefly bestowe theyr wisdome prudence and vnderstanding to mennes commodities For thesame cause also it is better to vtter plentyfully so it bee discreetlie than withoute eloquence to conceiue neuer so wittyly bicause ones conceite serueth onely within it self whereas eloquence gettes within her reache those with whome wee ar ioyned in common felowshippe And as swarmes of bees doe cluster togither not to this end to make combes but beeing swarming by kinde they worke their combes so men much more than they by nature swarming doe vse their conning of doyng and deuising Therfore onlesse thatsame vertue which consisteth in defending mē that is to saye the felowshippe of mākinde dothe meete w t the knowledge of thinges it may seeme a verie bare and alonewandering knowledge and likewise greatnesse of corage seuered from common feloushippe and neybourhod of men muste needcs bee a certein sauagenesse and beastly crueltie So it falles oute that the accomepanieng cōmon felowship of men farre surmountes the studie of knowledge Neither is it true which is sayd of some that this common knott and felouship is hadde emong mē euen for necessite of life bicause w toute other we might not gett bring to passe those thinges y ● nature dooth desire and that if all thinges wer fownde vs euen by the grace of god as they saie which appertein to food furniture of life then would euerie one of a good witt all bysinesse laide aside settle himself holly in knowledge and sciēce But that is not so For he woulde bothe flee solitarinesse and choose a cōpanion of studie bothe teache lerne bothe heare speake Wherfore all dutie which auaileth to mainteine neybourhod felowship of men is to be preferred aboue y ● dutie which consisteth in knowledge science This question perauenture may be well moued whether this cōmon felouship which is moste of all agreable to nature bee also alwayes to bee preferred before meane and measure keping I think not so For ther bee sōme thinges partlie so filthy partly so haynous that a wise man woulde not do them no not to saue his coūtrie Uerie many such Possidonius hath gathered togither but somme of thē so fowle and so filthie that euen to be spoken they seeme shamefull Those therfore ought noman to take in hād for the commonweales cause nother woulde the common-weale for her sake haue them enterprised But this mater standes in better case for that ther cā befall no time y ● the commonweale shoulde neede to haue a wiseman doo any of them Wherfore let this be concluded in choise of duties that such kinde of duties most excell as concerne the felou●…ippe of menne For aduised doing will folowe knowledge and wisdome So it comes to passe that to doe aduisedly is more worthe than wisely to deuise And herof thus farre For this place is plainlie inough sett oute that it is not hard in serching oute of dutie to perceiue emong them all which afore other is to bee preferred Yet euen in commō felowship ther be degrees of duties wherby may be knowne what one is aboue the other so as the first duties be due to the godds immortall the secōde to our countrie the third to our parents and so forthe by degrees the rest to the rest Of the which maters briefly debated may be gathered how mē ar wonte not onely to doute whether a thing be honest or dishonest but also twoo honest thinges layed before them whether is the honester This pointe as I sayd before is ouerslipped by Panetius But now to the residue let vs procede ¶ MARCVS TVLLIVS 〈◊〉 seconde booke of duties to Marcus his sonne AFter what sorte duties should be taken oute of honestie sonne Marke and frō euerie kinde of vertue I suppose it sufficientlie declared in my former boke It folowes y t we go forward w t these kindes of duties which belonge to power to riches to y ● furniture of māns life to the pleintie of those thinges y ● men do occupie Wherin I said it is sought bothe what is profitable what vnprofitable also of profitable thinges which is the more profitable or which the moste profitable Of the which I will entre to speake if I shall saye a worde or twoo before of my purpose and meaning For though our bookes haue stirred vp manie mē to y ● studie not onlie of reading but also of writing yet other while I feare leste y ● name of philosophie bee hatefull to sōme good mē that they maruail I be●…owe in it so much trauail time In deede as longe as the weale was gouerned by them to whome she had cōmitted herself I did emploie all my care study vpō it But whē one mā kept al in thraldome ther was no place at all for coūsell authoritie I besides had for gone my cōpaniōs of preseruing y ● state who had been singuler mē neither I gaue myself to greeues wher w t I should haue been wasted onlesse I had resisted thē nor again to pleasures vnseemlie for a lerned mā And would god y ● cōmonweale had stoode in y ● state wherin it begā had not light vpon men who wer not so desirous of altering as ouerthrowing of thinges For first as we wer wonte to doo whē y ● cōmōweale was stāding we would take more labour in
bodie so those thinges which with witte and reason wee go thorow be of more grace than those which we do with strength The first commendation then procedeth of sobermoode the next of naturall dutie toward parētes the third of good will toward theirs But to the best cōmēdation yongmen be knowne soonest of all who haue bestowed themselues with noble and wise men well counseling the cōmonweale on whome if they be attendaunt they bring the people in beleefe that they will proue like them whome they haue chosen themselues to folowe Publius Mutius house did set out Publius 〈◊〉 ꝰ youthstate for 〈◊〉 〈◊〉 of harmlesse life of knowledge in the law For as for Lucius Crassus when he was a verie yongman he 〈◊〉 not from anie other place but wanne himself a verie greate praise by that noble and glorious accusation And in which age they who haue exercises ar 〈◊〉 to bee 〈◊〉 with praise as wee haue heard by 〈◊〉 in thesame age Lucius Crassus did showe himself in open courte to do that veriewell hauing forestudied which 〈◊〉 then at home with praise he might haue exercised But wheras ther bee two ●…ortes of speeche wherof in the one is familiar talk in the other 〈◊〉 it is no doute but the 〈◊〉 of sp●…he may do mos●…e and hathe the greater furderaunce to glorie For y t is y ● thing which we do call eloquēce but yet it is hard to tell how much a gētlenes ●… familiarnes of speeche winneth ménes mindes Ther be letters abrode of Philippus to Alexander and of Antipater to Cassāder and of Antigonus to Philippus three very wysemen for so we haue heard in which thei giue rules that with gentle speche they allure the hertes of the multitude to owe theyr good will that they please their souldiours by speaking to them with faire wordes But y e oration which is made amonge the multitude with vehemence oftentimes raiseth an vniuersall glorie For great is the wōderment at him that plentiefullie wiselie speaketh whome the hearers doe iudge also to vnderstande more and to be wiser than other And if in the oratiō ther be a grauenesse mingled with sobermoode nothing ther can be done more wōderfull somuch the more if those be in a yongeman But wheras ther be verie manie kindes of causes which doe require eloquence and manie yongmen in our commōweale bothe before the iudges before the Senate haue atteined praise by speakīg in maters y ● grea test admiration is in iudiciall causes y ● nature wherof is in two partes For it stādeth in accusation defence of which albeit defence is the more commendable yet also accusation is oftentimes alowed I spake of Crassus a litle before the like did Marcus Antonius being a yongman an accusation also brought Publius Sulpitius eloquence to light when into iudgement he called the seditious vnprofitable citiezen Caius Norbanus But this sothelie is not often to be done nor at anie time onlesse either for the commōweales cause as did the twoo Luculli or for protection sake as we did for the Sicilians and for y t Sardines Iulius Cesar for Marcus Albutius did y t like Also Lucius Fusius diligēce was knowne in the accusing of Marcus Aquilius Once then it may be done not oftē certesse But in case a man must needes do it often let him ascribe this office to the commonweale whose enemies to reuēge often is not to be reproued yet let ther be a measure present For of a hardherted man or rather scace a man it seemes vpon manie to bring the daūger of life for that bothe is daūgerous to himself and also a shameful blotte in his name to giue cause that he be named a promotour Which chaunced to Marcus Brutus borne of a noble stocke his sonne who was verie well skilled in the ciuil lawe And therto this rule of dutie must bee diligētlie kept that ye bring no innocent at anie time in iudgement vpon life for that can in no wise be done withoute haynous wickednesse For what is ther so vnnaturall as to turne eloquence being giuen of nature for the safegarde and preseruation of men to the harme and destructiō of good mē And yet as thi●… is to bee ●…schewed so is it not to be counted contrarie to godlinesse to defend the giltie otherwhile and mischeuous and wicked This the multitude desireth custome beareth humanitie also worketh The iudges parte is euermore in causes to folow the trouth the counselers parte manie times to defend the trouthlike though it be not so true which to write I wolde not be bolde namelie seeing I treate of philosophie but that thesame liked Panetius the grauest of the Stoikes But moste of all by defending bothe glorie and fauour is gotten and so much the more if euer it befall that he bee defended who dothe seeme to be besette and pressed with the richesse of anie man of power as ourself did bothe often at other times and also being yong for Sextus 〈◊〉 the Amerine against the might of Lucius Sylla bearing swey which oration as ye wotte is abrode But now we haue sette forthe yong mennes duties which auaile to the atteining of glorie hereafter we must speake of bountiefulnesse and liberalitie Wherof two maner waies ther ber For liberall dealing is showed to such as neede either by trauail or with money This latter is the easier speciallie to the possessioner but that other is the goodlier and more glorious meeter for a manlie and a noble man For though ther is a liberall will of pleasuring in bothe yet the one oute of the coffer the other oute of vertue is takē and the lauishing which is made of a mannes housegoodes draweth drye the verie fountane of liberalitie so liberalitie is by liberalitie wasted and toward y ● mo that you do vse it the lesse ye can be able to vse it toward manie But whoso shall be bountiefull and liberall of trauail that is of vertue and diligence first the mo they haue profited the mo furderers they shall haue toward dealing liberallie afterwarde by customable vsing of boūteousnesse the redier they shall be and as it were the more practised to deserue well of manie Princelie dothe Philippus in a certein epistle accuse Alexander his sonne that by lauishnesse he hunteth after the good will of the Macedonians VVhat reason in a mischiefe quoth he hath brought you into this hope that ye should think those wolde be to you faithfull whome you had corrupted with money VVhy go ye aboute this that the Macedonians may think you not their king but their seruaunt and briber Well he sayd seruaūt and briber bicause it is vile for a king Better also he sayd in that he called largegiuing corruption For he that receiueth
was iust he should graūt it was vnꝓfitable Hecatoes sixt boke of duties is full of such questions Whether it be fit for a good mā in a verie great derth of corne to giue ouer housekeping He disputes the mater on bothe ●…ides but yet at last hee thinketh ●…uite is directed rather after profit than after humanitie He putts y ● case if one must needs take losse by sea whether should he rather beare y ● losse of a horsse much worth than of a slaue litle worth In this case priuat profit leades a mā one way humanitie an other If a foole in a shipwrack catch hold of a bourde shall a wiseman take it from him if he can He sayeth no bicause it wer iniurious What may the owner of the shipp do shall he take his owne No nomore than he may cast a passenger oute of the shippe into the sea bicause it is his For vntil they arriue at the place whether the ship was hired y ● shipp is not the owners but theyrs that sayle in it What if two in a shipwracke light vpon one bourde and they bothe be wisemē should either of thē pull it to himself or one giue ouer his holde to the other Yea he should giue ouer but to him whom it wer more expedient to liue either for his own or y ● cōmōweales sake What if these be alike in bothe Then ther s●…all be no stryuing b●…twene thē but the one must yeeld to the other as the i●…ser dothe in lots or at the Italian p●…ay with the fingers called Tocco What if the father robbe churches or vndermine the walles of the treasurie should the sonne open it to the magistrates That wer surely a ●…ur sed deede yea rather he should 〈◊〉 his father if he wer accused therof Is not our countrie then aboue all duties Yes truly but it is ꝓfitable for ones countrie to haue the inhabiters reuerence theyr parents What if ones father will go aboute to vsurpe as a tyraunt or to betray his countrie shall the sōne conceale it Nay he shal desire his father not to doo it if he nothing preuaile he shall blame him threaten him also And last of all if the mater tend to the destraction of his countrie he shall preferre the safetie of ●…is countrie before the safetie of his father He puttes a question also if a wiseman vnwares receiued counterfet money in stede of good after he perceiues it whether he shoulde paye it ●…ute againe for good money if he wer indetted to any●… bodie Diogenes sayth he may Antipater den●…es it to whom I rather agree He that wittingly selleth wine y ● will not last whether ought he to declare it or no●… Diogenes thinks it is not need full Antipater reckēs it the dutie of a good man These be as ye wolde saye y ● cases in controuersie in the Stoikes maters of lawe Whether in selling a bondman his faultes ar to be tolde or no I meane not those which onlesse you declare the bondman may be turned home againe by the ciuil law but these that he is a lyer a dycer a pyker a dronkard sōme think meete to be tolde sōme other not so If one selling golde supposeth he sells but copper should a good man of dutie tell him that it is golde or maye he bye for a peny y ● is worthe a thousand It is allreadie verie plaine bothe what I think and what the controuersie is among the philosophers whō I named Whether ar couenaunts and promises allwayes to bee kepte which bee as the Pretors vse to speake made neither by cōpulsiō nor by couine If one minister to an other a medicine for the dropsie bindes the pacient by couenant y ● he shall neuer after vse the same medicine in case he be made holle by that medicine within a fewe yeres after do fall into the same disease can not obtein of him with whō he made the co●…enaūt y ● he may 〈◊〉 i●… likewise againe what is to ●…e 〈◊〉 seeing he is so 〈◊〉 w●…ll n●…t graunt him to vse it and yet he should take no harm therby 〈◊〉 ●…●…ust haue regarde to his 〈◊〉 li●…e an●… helth 〈◊〉 〈◊〉 ●… 〈◊〉 be required of one who ma●…es 〈◊〉 his heire where tw●… millions fiue hundred 〈◊〉 crownes bee left him by 〈◊〉 that before he haue y ● possessiō of it he 〈◊〉 openly on y ● daytime in the mar●…et and he promiseth so to do b●…cause otherwise the man 〈◊〉 not put him i●… as his heyre should he 〈◊〉 th●…n ●…hat he promi●…ed or 〈◊〉 I woulde 〈◊〉 he had made no such 〈◊〉 a●…d that I think had bee●… a 〈◊〉 of grauitie but 〈◊〉 he promised it if he counte it dishonest to daunce in the market he shall with the more honestie go from his worde if he take nothing of the inheritaunce except 〈◊〉 ●…tur●… he will bestowe y ● same money vpō the commōwelth in sōme time of great necessitie that it may be no shame for him cuē to daūce whē he shall procure y ● welth of his coūtrie No nor those ꝓmises ar to be kept which be not profitable 〈◊〉 sor thē to whome you made them Titan that we may return to ●…ables sayd to Phaethon his sonne he wolde do whatsoeuer he wolde desire He desired to be taken vp into his fathers charret the madde foole was hoysted vp and on the syde where he stoode w t a flash of lyghtening he fell all on a fyre How much better had it been his fathers promes had not been in this perfourmed What shall we saye to the promes that Theseus required of Neptunus to whom when Neptunus had graunted three boones Theseus asked the death of Hippolytus his sonne when his father had him in a selousie for his steppmother which boone being obteined Theseus fell into very great lamētatiō What of Agamemnon When he had vowed to Diana the fairest creature that should bee borne that yeare in his kingdome he offred vp in sacrifice his daughter Iphigenia who was the fairest creature borne y ● yere The promise rather shuld not haue been kept than so hainous a deede should be cōmitted Wherfore promises also many times ar not to be perfourmed Nor at all times things layde to kepe ar to be restored As if one wel in his wit shal leaue a sworde with ye to kepe and aske it againe whē he is madd it wer a sinne to restore it and dutie to kepe it What if one who hath lefte money w t you to kepe would make warre against your countrie shall ye restore that was layde ye to keepe No as I suppose for ye shall doo against the commonwelth which ought to bee moste dere vnto you So manie things which by nature seeme to bee honest by chaūge of times becomme dishonest To perfourme promises to stande to