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 The Answere IT is a common thing that such as are offenders doe hate and slander their iudges and the more iust they are the sooner doe they falsly accuse them of iniustice wherein they themselues doe make their crime more apparent for they would haue the iudges such as they are that they might pittie those that are like vnto themselues or at the least that they might be such as would be corrupted the which they cannot hope for in those that are iust wherefore they are driuen into despaire knowing that no punishment can hurt the desperate man as also that there shall not so much be inflicted vpon them as they doe deserue and so they vomit out their poison against the righteous iudge the which they doe the more boldlie because they know wel that for all their speech he wil be neuer a whit the more cruel vnto them but without any stearnnesse or malice wil iudge them according to the laws executing them rather with mercie then rigor neither shall the wicked be able to mooue his patience for he which perceiueth himselfe to be blamed truly is angrie and thinketh to be reuenged but on the contrarie he that knoweth his conscience cleare maketh no account of slaunderous speeches or if he chance at the first brunt to be angrie he doth presently bridle the same his anger by reason rather desiring to remaine such as he is then by rage or passion to become such a one as in ttuth he ought not to be I am the same man which he affirmeth me to be so also is he nothing amended since I condemned him I did neuer beare him anie ill will neither did he euer giue me occasion so to doe but truly I haue condemned him but with lesse rigor then his deserts required or the lawes commanded but why should not I bee odious vnto him whom I haue condemned to die Seeing that the Phisitions and Chirurgions who doe employ themselues to saue mens liues are oftentimes heartily lothed of them when either they touch their sores or will not suffer them to follow their noisome appetites but do rather appoint them to take good and and wholsome things the child and the seruant yea and the wife doe for the most part hate the father the master and the husband which chastise rebuke them how much more then doth the offender hate the iudge which condemneth him Seeing he wrongfully deemeth him to be the cause of the shame and punishment which he receiueth although himselfe be the occasion both of the one and the other euill Whereas he saith that I haue bought my office to hurt him there be some other proofes then his tongue to verifie the contrarie It is likewise apparently seene how he slandereth the most part of iudges It is a goodly matter indeed for an offender to censure the deeds of iudges and to discourse of equitie and iustice as also to dispute whether offices may be sold and whether officers ought to be yeerely chosen or not you are brought hether to be
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 The earles Answere THe same Iustice mercie and Maiestie of the King which you imploy against me shall yeeld mee reason against all you and shall in my behalfe punish you for your no lesse vain then outragious and vnreuerent speeches wherefore I doe not refuse the iudgement of his Maiestie although the matter concerneth his highnes nothing at all in as much as those whom you speak of were no Gentlemen but robbers and theeues and for such haue I punished them and if anie would know why I did it not after the vsuall manner as there shall no reasons be wanting so am I not bound to tell them vnto anie but vnto such as it shall please my selfe therfore I will only say that they being in that sort put to death their ingrateful kindred towards me haue receiued lesse dishonour thereby then if they had beene made a publike spectacle to the people Likewise the nobilitie of Flanders are become so insolent as they stand in no aw at all of Iustice wherefore this Iustice no lesse suddaine then iust will make them to bethinke themselues twice before they will commit the like offence againe Moreouer you were resolued to saue them either by intreaties or otherwise therefore I desired to take away all occasion to ad vnto their death not onlie yours but also other mens destructions for he may be tearmed wise and vertuous which by one smal mischiefe can eschew farre greater mischances but he that dooth neuer so great good vnto the ingratefull receiueth nothing but hate and reproch for his reward euen so hath it happened to me herein If you who say that you are noble did know what nobilitie is and wherein it consisteth you would say that these robbers were no Gentlemen seeing that gentilitie cannot be grounded but only vpon vertue and as thereby the base borne attaine to nobilitie euen so he which continueth not therein loseth that nobilitie which his father hath left him to the intent that hee should bee vertuous for nothing is more pernicious in a Commonwealth then he who dooth falselie vsurpe the title of Nobility I do demand of you whether the sonne of a good musition may inherit his fathers cunning renoume chieflie to be a good musition without learning and thorowly exercising of musicke It seemeth not if then in an art of so small consequence a man cannot attaine vnto the fame or facultie of his father without he be the same in effect although it should not preiudice the Commonwealth in any sort how then can they inherit nobility who make no proofe therof by vertue by the which our ancestors haue gained it If nobility came but by descent it would be no lesse weake then of small continuance considering the multitude of those that die in the wars but vertue which doth thereby nobilitate others doth still maintain the same I haue then caused these villains to die secretly for the respect I had vnto their kindred who desired to remaine noble in following vertue for those which doe swarue from it a man may rightly say that nobility doth end in them and they which follow it cannot chuse but be noble indeed the which Cicero knew very well how to applie when Claudius said vnto him that he was no gentleman Truly said he in me doth the nobilitie of my race begin to bud as in you the gentrie of your stocke is alreadie blasted And since that I being so exceedingly bound vnto vertue as God hath made me by birth more noble and greater then any other of my countrie I haue done but my dutie in executing good speedie and short Iustice for Iustice surely is not the least kind of vertue and not to execute Iustice were cruelty wherefore I am not cruell much lesse a coward neither doe they speake the truth which doe say that I am an enemie to gentlemen or that I fear them but I am indeed an enemie to the vicious and I fear least they should hurt the good or that they should be corrupted by them now haue I been their executioner or hangman as you affirme but they themselues according to their deserts haue ben the butchers of their owne liues and were it otherwise yet is he rather a hangman which robbeth or killeth an honest man thē is he which executeth malefactors This Spanish pittie proceedeth of no other cause but onely for that they would not execute those which are of their profession yet to betray or murther good men they are nothing scrupulous The Prince of a countrie cannot shew anie better example then in performing Iustice the which I haue done And know you that the Iudges are not necessary but where the Prince is not present for proofe whereof Salomon himselfe iudged causes yet no other but the King can iudge me As for Flaminius he put a condemned man to death vpon pleasure onely to content an harlot but I haue executed foure to obserue Iustice But for any seruice that they might haue done for the King a man may as well say the like of all other theeues for such people can easilie assemble a great number of such worthlesse lewd fellows as they are Likewise it is not a small mischiefe that prodigalitie is wrongfully held for liberalitie as if the prodigall did not commit a thousand mischiefes to get wherewith to performe their follies as these foure did who by their prodigality became theeues Wherefore it may be affirmed that they and such as would maintaine them are those that esteeme vice to be vertue and villaines to be Gentlemen As for the small respect that you haue vsed in slandering me it is therein that I may shew my clemencie for it is true Magnanimitie to pardon great faults especially when none is offended therby by only he which pardoneth the same as I doe not only pardon you but also doe further beseech the King not to punish you because it may bee at your owne choice either to remaine in your countrie or to forsake the same not for that I care for such subiects as you are which disdaine me to be their lord but because I would not against my custome shew my selfe rigorous towards those who being ouercome by passiō do but offend me in words the rather because they which speake more then they should doe thereby but procure their owne shame And to conclude there is no reason that you should be beleeued concerning the dead But it may please the Kings Maiestie to bee better informed vpon this matter if it
contrarie haue thereby gained immortall praise and glorie Likewise there is no doubt at all but that the fathers kindnesse ought to exceed all other loue following the example of our maker who leaueth not to exercise his mercy together with his iustice and that it is so he many times punisheth sinnes both in this world and in the world to come moreouer we must not thinke any father so cruell to hurt his sonne in the little finger without feeling the griefe thereof himselfe in the middest of his heart and therefore it is a meere folly to teach fathers how they ought to loue their children since nature who is the mistresse of all humane creatures instructeth them therein sufficiently and as it is most certain that princes or such as rule are aboue all others bounden to be vertuous and that they are constituted as guides and examples for all their subiects to follow so can it not also be denied but that seueritie of iustice is more requisit in them then any of the other vertues if vertues may be feperated and he which will well consider my deed without passion shall find all the foure principall vertues therein to be obserued For first of all I haue done iustice in putting him to death who was not onely the death of an innocent or at the least the same that caused the mother to suffer her child to die but also such a one who defrauded a poore woman of part of her liuing in that he paied her not for the same which she brought to sell for her reliefe My prudence was shewed in putting him to death without any commotion of the people and in terrifieng all others from offending as also to take from euery malefactor all hope to escape iust punishment for their misdeeds My temperance I declared in causing the offender to die by the shortest and secretest maner of death that I could deuise thereby ridding him from the shame to be a spectacle vnto many And my fortitude was manifest in that I was able to ouercome the desire which I had to pardon him both the same and all other offences But in the end considering that the first princes are bound by their examples to stirre vp and prouoke their successors to execute iustice without partialitie I haue for that end sacrificed my will together with the life of my best beloued sonne because the euill customes of the former princes are turned into lawes by those which succeed them and those which are good are quite forgotten if they be not confirmed by verie memorable examples Therefore Saule did not amisse when hee would haue put his sonne Ionathas to death seeing law is to be administred vnto all alike for where exception of persons is respected there must needs corruption of iustice follow which marreth all for nothing can be permament which is corrupted True it is that he was my eldest sonne but being such a one as he was he neither ought to succeed me nor yet to liue any longer and accuse me no more of crueltie since to punish an euill doer is a deed of mercie for pittie without iustice is follie or rather iniquitie and the greater he is that offendeth the more seuere punishment he deserueth For the poore wretch or hee which is of base condition may excuse himselfe by his pouertie by want of instruction by ignorance by his lewd education and such other like reasons both vaine and friuolous but the offences of great personages is to bee attributed to nothing but to pride malice Neither is one death more shamefull then another but only that death where the partie is made a spectacle to the standers by for it is not the death but the offence that is shamefull And therefore in executing iustice I cannot be tearmed cruell vnto mine owne blood or my sonne nor vnto your Prince vnto the Kings daughter neither vnto our children for he not being such a one as hee ought to be was now no more to be regarded by any of vs but was no better then a thiefe and a murtherer Who is then so mad as to be called a grandfather father mother brother or a subiect to so vild a man Neither must these be the meanes to begin those good seruices that ought to be done vnto the crowne of France which was institituted and preserued hetherto by vertue It is a vaine thing to goe about to persuade fathers of the valor or worthinesse of their children seeing that for the most part they beleeue it more then is requisite and alwaies doe excuse their faults more then they ought of which sort I confesse my selfe haue beene one so long as there was any hope of amendment I assure you that a long time was my heart most greeuously perplexed before I could consent vnto the punishment death of my sonne But omitting all other circumstances I will shew you the reasons which moued me to put my sonne to death for the sonnes discredite must needes bee the fathers disgrace because they doe alwaies cocker their children but too much and therefore it was not without cause that the Romanes from whence all good lawes haue their beginning did giue vnto fathers all power ouer the life and death of their children knowing that without most iust occasion they would neuer put them to death No sonne could be more dear vnto me then mine eldest but equitie commandeth me to loue the Common wealth better which in no sort can be regarded when he which ruleth the same is not vertuous because none therein should be in safety if the prince were vicious My life and death is in the mercie of the kings Maiestie but to die I would not haue failed to doe that which I haue done being as we are mortall and death may only be delaied but not escaped Our life also is not to be measured by our years but by our deeds for he hath liued long inough who is by good men deemed most worthie of long life and he cannot die too soone who spendeth his life in wickednesse Wherefore it was no reason that my sonne should haue liued any longer and I would to God that so his reproch might die with him as I wish my renowne may liue after me Touching iudgement he which gouerneth the Commonwealth must needs be iudge in the same Such were the Dictators or Consuls amongst the Romanes and such at this day are kings and princes And Plato saith Happie is that countrie where Philosophers are kings and kings be Philosophers whereby it appeareth that rulers ought to bee iudges as you your selues doe confesse in saying that the king ought to haue iudged my son which indeed had ben reasonable if his Maiestie by his prerogatiue had not giuen me free authority in matter of iustice in such sort then as I am subiect to the iudgement of the king is my sonne subiect vnto mine and I am not to yeeld an account of my actions vnto any other then vnto his Maiestie
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 The Answere AMongst reasonable and vertuous men al vices are odious but aboue all ingratitude is a vice most detestable for it is the cause that manie good turnes are left vndone for euen as the iuie causeth that tree to die about the which it windeth and which sustaineth it so an vngratefull man seeketh the death and destruction of him to whom he is beholding for many good turnes which maketh a number fearefull to employ themselues either for the particular good of any or for the the publicke benefite of many But the noble minds leaue not for all that to doe their endeuors for euen as the sum is nothing infected by the mud vpon which it shineth and as the slanders of the ingratefull can no way hurt the true vertue which euen in the middest of vices shineth as the light doth in darkest places euen so this damned man the more he thinketh to impair my reputatiō the more doth he increase my renowne For first he saith that I haue obtained the chiefest dignities in Capua it is then a signe that either I am vertuous or els the rest of the Citizens that haue aduanced me to such authoritie are al vicious for euery one fauoreth his like repugneth his contrary You say that I thinke my selfe a tyrant Where do you find that tirants do succor or saue the life of such as pretend to be equall with them in power can you denie that by mine industrie the Senat was saued Hath not the effect made the same apparent You say that I brought them in daunger hazarding their liues to the discretion of the inconstant people how is he brought in danger who alreadie by his owne fault is fallen thereinto Do you call it a hazarding to saue mens liues If you had knowne any other meanes more expedient you ought therein to haue giuen your aduise But that in extream euils extraordinary meanes ought to be vsed So I knoing that the euill proceeded aswell from the ouergreat presumption of the Senat as from the insolencie of the people thought to find out the fittest remedie for each partie perceiuing his error framed himselfe accordingly Thinke you before I seemed to make it a question whether the Senators should liue or die that I had not first gained the chiefest of their enemies and that I did not know the weaknesse of the rest And as touching this point of the yeelding to Hanniball the authors of his receiuing they did poison themselues which taketh away the suspition that anie other was the cause thereof How could I then be able to resist Hanniball more then you and others True it is that I was second person in his bancket at the table but the same was rather a signe that he did it to win me then that I was such a one as you tearme me to be For the subtile Barbarian did not embrace those who did already fauor him but such as he would draw vnto him and the better to proue that true my sonne whom he knew to bee a Roman in heart was the third man at his banquet whom trulie I confesse I did dissuade from killing Hanniball because it was a thing impossible being alwaies armed enuironed with his gard and chiefly because he euermore suspected my sonne greatly So that the best that could happen by his rashnesse would be but the death of him manie others and it might be the vtter subuersion and ruin of Capua What hurt then haue I done preseruing such a one as is most affectioned vnto the Romans and also in sauing the cittie which could not faile but fall into their hands againe for al violent things as was the fortune of Hannibal are of so long continuance but being at their Periode turne vpside downe in a moment Therefore in such a time more wisdome consisteth in dissimulation then in obstinate boasting as appeared in that of Magius which was nothing profitable vnto
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
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 The Answere AS he whom I haue slaine was not guildesse so also I haue not only seene iustice executed vpon the offender but haue further done it my selfe because I could not other wise chuse for it is manifest that he is a malefactor that denieth to come to his answere and he doth sufficiently resist and make his defence that flieth from him that is sent to bring him touching the proof how can those be witnesses against him whom he had already suborned Especially such as assembled themselues to rescue him from me if I had taken him aliue I will not say
in other mens matters as these doe who would persuade me that this exercrable offence should not once haue prouoked me to reuenge the which it hath not done but rather vnto a iust punishment of the malefactor for that is called reuenge which is done wittingly but that is punishment which is inforced through a most iust cause of disdaine or anger Some may say that euery punishment ought to be done with a setled mind without choler for feare of being ouer rigorous I do confesse it ought but who can also denie that the first motions of anger are not in our owne power Wherefore I would and it were also reasonable that these my ouer sharpe accusers had a true feeling of the wrong done vnto me and then they would iudge more modestly of their brother who hath done that which they ought to desire that is rooted out from amongst them a supersticious Diuine not only hurtfull to his friends but vnto all the Commonwealth Is it not too apparent that such people are puffed vp with ambition that they had rather see the death of a million of men then to suffer that by any it should be knowne that they haue failed one iot in their fond diuinations As he of Milan did who hauing foretold that at a certaine time he should perish by yron not finding any man that would kill him although he gaue them diuers occasions slew himselfe to verifie his prophesie so this my dead brother hauing foretold that by this my marriage a great mischance should happen vnto all our race had rather be the cause thereof himselfe not seeing any likelihood therein then to be esteemed vnskilfull in his art which is especially forbidden both by diuine and humane laws And then you say that you haue lost the best of your brethren me thinks that if he were the best then the rest should be nothing worth at all and you ought not to say that a iust cause of disdaine constraineth you to require the death of the third but rather an iniust hatred for were it not so from whence could such an inuectiue proceed to animate the iudges against me Had it not ben sufficient for you only to haue said this man here hath slain our two brethren for this and this cause wherevpon we demand iustice You say that you are partakers of the misfortunes of my marriage why doe you not rather say of the insolencie wickednesse and adulterie of Sadoc As also that I am vnworthie to be reckoned amongst your brethren truely hee neuer deserued to be accounted If offenders ought to be punished for an example I haue not done so bad as you say in punishing him suddainely For who was a more notorious offender then he You say that those which follow armes doe all become wicked men Abraham Moises Iosua and a number of others because they were valiant in armes were they the lesse righteous Moreouer the multitude of those which you alleage that haue slain their kindred maketh more for my commendation then my condemnation for you shall find that the most part of them had lesse cause to doe the same then I. Furthermore I cannot beleeue that either monie or desire of vainglory draweth men vnto the wars but rather a desire to maintaine lawfull and iust quarrels although euery Generall affirmeth it to be his owne Finally the wars hath ben in all ages Saint Iohn baptised the souldiors without forbidding them to vse the same art yea God hath many times commanded his people to vse it so that it may be iustly proued that wars is rather an occasion of vertue then vice Concerning the report of my wife this is not the first time that women haue ben beleeued in the like case wherefore seeing neither you nor I haue or can find any reproch in mine that may blemish her honor she is as well to be beleeued as othets and if as you say a woman cannot be forced then haue diuers heretofore ben wrongfully condemned for the like offence Truly the law had ben sufficient to haue punished Sadoc but if I had had such patience as was requisite what assurance should I haue had that hee would either haue come before the iustices or els if he had chanced into their hands that you would not all haue taken his part as you are now against me And as you say it is iniustice to pardon an offender so is it iustice to punish a wicked man as I haue done wherefore I haue not offended but only in that being iustly stirred vp to anger I haue defrauded the iudges of their authoritie of whom humbly beseeching pardon for this fault I do wholly submit my selfe vnto their mercie beseeching them also to defend me from your malice 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
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 The Answere IF anie law be vniust or pernicious it is that which is not equall to all men but how can that be equall which causeth the greatest malefactors to escape for monie As this priuiledge doth allow which imboldeneth the rich that ought to succour the poore not only to wrong them but also to murther them because hee knoweth verie well that he shall be acquited for monie the which being paied he afterwards committeth a thousand mischiefs to get that which he hath spent into his purse againe for what wickednesse will not such a one be bold to commit that maketh no conscience to kill his equall Or it may be such a one as is better then himselfe But if the law or your priuiledge bee vniust then haue not I offended Or if I haue misdone in paieng the forfeiture I am acquited Why should he be punished which procureth the death of a malefactor Seeing that hee which murthereth an innocent is quit for monie Concerning the difference of cold blood and to cause one to die by the hands of the hangman that doth in no sort aggrauate the offence for being an offender he hath thereby had the better means to acknowledge his fault and to craue pardon of God especiallie to dispose of his worldlie cares and familie the which he gaue no leisure vnto the other to doe and for the reproch it consisteth not in the maner of the death but in the cause of the death For if anie man should be hanged for hauing done some good vnto his countrie his death should neuerthelesse be accounted honourable but he which is hurtfull vnto the Common-wealth although hee die in his bed amongst his kindred yet should his death be accounted odious It is not I then that am cause of his shame but the murther which he hath committed I confesse indeed that he neuer offended me but rather iustice so likewise I caused him not to die but to maintain equitie and not being able to doe it without disbursing of monie I did rather chuse to pay it then to leaue iustice vndone I haue not infringed or broken your priuiledge but onelie shewed that it is vnlawfull and that it ought to be amended I cannot tell whether your ancestors were more wise then I but I dare well say that they were rich men who without the consent of the poore men inuented this priuiledge for there was neuer anie tyrannie more manifest which your selues ought to abolish you being subiect to a most iust Prince therefore I desired to admonish you thereof at mine owne proper costs and charges Likewise I know that I am not the first which hath beene slandered for mine honest meaning in desiring to change wicked customes into good for Solon and Licurgus were not free from the like and before them Moises
then Socrates who was put to death for no other cause But considering that Iustice alone is the soueraigne of al other vertues and ruleth all mortall wights because that without her none can liue in safetie especiallie seeing that without it the Commō-wealth is like vnto a body which being corrupted with euill humors doth with lanquishing pine away I haue neglected all other things especiallie to maintaine the same and you haue no cause to complaine on mee for setting as little by my life as by my goods Wherefore without answering anie further to your slanderous reproches trusting vnto the equitie of the Prince I doe freelie submit my goods honour and life vnto his most iust iudgement 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 The Answere WE doe neither require two kings neither doe we desire to change our king for we haue none who made you king ouer vs are not they dead that chose you for their king You are then king ouer the dead Wherfore reason would that you should be sent vnto them When you were chosen we were Citizens now through your fault we are constrained to be souldiors It is the ancient custome that the men of war doe chuse the king we wil then chuse one Seeing that your selfe are the cause that we haue chaunged our qualitie what reason is there that you should remaine in yours Concerning the example of Dauid and Saule it nothing concerneth our matter for the greatest parte of euerie action consisteth in the time and place therefore it must be considered that as our time now is not the like vnto the time then so also that we are here and not in Palestine Moreouer we haue nomore Prophets to annoint the kings because God for our sinnes dooth no more elect kings by miracle wherefore it commonlie happeneth that the most wicked man attaineth to that dignitie and chieflie when the election remaineth in the power of the souldiours for sildome is there found anie equitie amongst those that follow the wars so that our miserie is lamentable seeing that your ambitious rashnesse compelleth vs of Citizens to become souldiours We know well to our great preiudice that you your selfe did goe vnto the wars but of your industrie valor and dutie no man beareth witnesse except your selfe but the widdowes and orphants of those whom you haue led vnto the slaughter with a far greater number can witnesse the contrarie and they doe affirme that you had great wrong to escape because so manie valiant men are lost through your default the which is more punishable then excusable To saie likewise that God hath preserued you by some his especiall prouidence it may verie well be because he would send you back hether to receiue punishment for your rashnesse by that spectacle somewhat to comfort the multitude of those whom you haue made miserable neither did the electiue voice of the souldiors chuse you as the best man of the land but as he that was most conformable to their desire and that would giue them the most libertie to doe ill for so were Otho Galba Vitelius and other harebrain men chosen by the souldiors for Emperors As for ambition and couetousnesse wherewith you accuse vs by presumption you doe euidentlie shew that it remaineth in you In saieng also that he which hath once done amisse becommeth afterwards more expert the same is doubtfull for euen in his first fault he sheweth that he wanteth iudgement and no man ought to presume to make himselfe cunning by the preiudice of so manie others and with no lesse then the hazard of a whole realme In
sleightlie regarded there is no reason that thy pettie losse should be in anie sort recōpenced especially because thou canst not say that thy hurt came by me but by the Tirant and no way better canst thou excuse thy fault then in accusing thine owne hard fortune which was the onely cause of thy harme by bringing the tyrant vnto thy house The Answere HE which hath all the profit and honor ought likewise to be partaker of the hurt as I doe not vniustlie reprooue thee for the wrong which thou hast done me so also dare I aduouch that thou hast not killed the Tyrant seeing thou diddest neither see him nor once touch him but my house was it that slew him therefore it is not against reason if for the losse thereof I doe at the least demand some part of the reward The tyrant did not make anie speciall choise of my house much lesse was it offered or prepared for him but as he could he entered therein because I was not at home to hinder him likewise thou mightedst as wel haue follow him in and killed him but thy heart serued thee not and therefore thou didst rather chuse to fire my house then otherwise to slay him and in danger thy selfe to be hurt thou then hast the reward but deseruedst it not and yet thou wouldest haue mee lose my house which was his ouerthrow Who can tel but that he might well haue escaped if therein he had not entered If then my house did keepe him and receiue the fire that burned him why ought it not as I haue said bee likewise partaker of the reward Declamation 70. Of the grandfather that did secretly steale away his deceased daughters child for feare least it should be poysoned by the stepmother as two other before had ben wherevpon the said childs father accused his father in law of violence IT happened that a man had three children whereof two died not without suspition that the stepmother had beene the cause of their death The father of the said childrens mother did secretly steale away the third child least it might come to the like end as the rest did Neither had the said grandfather visited the other children during their sickenesse because he could not be suffered to come in but was kept out of dores The father caused his child to be cried the grandfather said that he had him wherevpon the father accused the grandfather of violence saying that he had stolen his child the good old man made his excuse saying SEeing that this is all the sonnes that my daughter hath aliue suffer me to bring him vp What doest thou feare That I will not let thee enter in when thou commest to visit him as I was serued at thy house thou art deceiued I am not so ingratefull fond foolish man as thou art thou seekest not those two children which thou hast lost nor once hearkenest after them which haue ben wilfullie made away but seekest him that is not lost that he might likewise be lost as the rest were Thou askest one of me whose life I will charilie protect and I doe require two of thee whom thou hast careleslie suffered to perish Why is not a grandfather better to be trusted then a stepmother I came to visite my little nephewes being sick yet might not see them that was violence and not this which I haue done For therein hath neither beene vsed weapons combat resistance nor force but such as was too friendly Let al the assistance bee iudge of this controuersie which is between a yoong man and an old Thou saiest that I haue stolen thy sonne I answere that I doe keepe my daughters sonne thou saiest that I haue taken him away from thee and I denie it but true it is that when hee came vnto mee I would not driue him away from me and I am the cause that he is yet liuing So doe the Phisitions and Chirurgions oftentimes bind vs and whether wee will or no applie such medicines as are most needfull for the recuring of our maladies That which I haue done is no strangers deed Nature hath her right this difference is there betwixt the father and the grandfather that it is lawfull for the grandfather to preserue his children in safetie but not for the father to suffer his to be slaine Whence proceedeth this thy ouerlate pittie to begin to seek thy lost sons of this which is here in safetie Seest thou not that all those that fauor the child do desire that thou mightest not find him The Answere HE hath not taken away the child to keepe him or for anie feare he had of his safetie but onelie to slander my wife with sorcerie and to make mee suspected to be therevnto consenting What haue I to do with this man O you Iudges who while his daughter liued did neuer beare me anie loue and now after her deceasse dooth hate me deadlie and hauing scantlie visited my children when they were sound he came crieng out and lamenting during their sicknesse prophesieng that which hath since happened and would but haue increased their griefe to haue heard it He was kept foorth because his comming was well knowne to be more hurtfull to all then helpfull to anie and that he should neither by his needlesse exclamations shorten the liues of the poor infants nor steale this other child which now appeareth was his onlie intent Declamation 71. Of him that being accused for intending his fathers death is thervpon renounced of him although that in open Iudgement he was clearely acquited by equall sentence YOu must consider tbat in times past when in iudgement there were as many voices on the one side as on the other in any criminall cause the partie accused was acquited because that iustice ought to regard clemency more then cruelty Whervpon it happened that a father accused his sonne of paricide saying that hee intended to murther him wherefore he being imprisoned and the informations made on either side the proofe was found so vncertaine that the partie accused had as manie voices in iudgement on his side as the accuser whereby the accused is acquited Notwithstanding the father being displeased forsaketh and disheriteth his sonne though hee were acquited by iustice saying My request is now lesse then it was for I doe not desire to be reuenged of thee but only that I may be rid of him that would haue slaine me I do no more accuse him but shun him Do you thinke that hee will spare me being his foe that would not spare me being his father No surely For because hee would no difference betweene my testament and my death He is not acquited of his offence but onlie freed of his punishment because the sentences were alike To prooue him innocent hee ought to haue had manie voices but to condemne him there needed no more then one The Iudges haue not found him faultlesse but onlie spared the punishing of his fault wonderfull is the mercie of the law of this