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A17337 The orator handling a hundred seuerall discourses, in forme of declamations: some of the arguments being drawne from Titus Liuius and other ancient vvriters, the rest of the authors owne inuention: part of which are of matters happened in our age. Written in French by Alexander Siluayn, and Englished by L.P.; Epitomes des cent histoires tragicques. English Le Sylvain, ca. 1535-ca. 1585.; Pyott, Lazarus.; Munday, Anthony, 1553-1633, attributed name. 1596 (1596) STC 4182; ESTC S106976 248,629 426

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those which euen now called him their God and preseruer of their liues a matter illbeseeming the Citizens of Rome who ought rather to reward me for hauing rooted from amongst them such a one who like vnto the fisher and fouler that with a little bait deceaueth both the fish and birds depriuining the one of their libertie the other of their liues would also doe the like by them but it is commonly seen that as the belly hath no eares so also hath the stomacke no discretion the which is apparently prooued by the confederats of Spurius wherefore it belongeth to you noble citizens that are not bounden vnto him and which haue not sold your libertie for a morcell of bread to you I say it belongeth to consider what I haue deserued hauing slaine him who with the helpe of a few faint hearted fooles would captiuate your sweet libertie as for that which the Tribun saith of the peoples mourning against the Senat if he himselfe be not the inuenter thereof yet it is a signe at the least that the people which vse such conference with him doe very well know that he taketh pleasure therein for if there were no eares that delighted in hearing slanderous speeches there would be few slanderous tongues but how could I bring him aliue seeing the people do yet so greatly affect him because time which changeth all thinges hath not as yet changed their minds but rather increased the same If that be true which the Tribun doth rashly say against the Senat A man may easily tearme Spurius another manner of man then you say he is although the crime had beene lesse dangerous then it is but when the matter concerneth the preseruation of our libertie seeing there was no respect had vnto the sonnes of Brutus being faultie nor vnto Collatin being innocent and partly the author of the said freedome why should Spurius be respected And as you say that the Dictator is not chosen but in great extremitie his election doth sufficiently witnesse the extremity wherein the Commonwealth remained true it is that I told him wherein he was accused to the end that if he were guiltlesse he might be lesse afraid to appeare before the Dictator and being guiltie haue the better meanes to thinke vpon his excuse but he had no desire to take the benefit of my aduertisement but as one alreadie condemned by his owne conscience he endeuoured to flie away for a true signe that he is a malefactor which distrusteth as much in himselfe as in the iudges if he had not beene faultie why was he so fearefull Seeing that innocencie dooth alwaies assure those that imbrace her but we may see by him that Tyrannie is like vnto a faire and pleasant pallace that is high enough but yet without staires or steps to come downe without breaking ones necke euen so those which by pride and ambition thinke to attain vnto honour and profit doe for the most part meet with shame and confusion he needed not to feare that he should not haue had time and place to excuse himselfe seeing that there was neuer anie Citizen condemned in Rome if his cause were but only doubtful if his meaning were good in distributing the corne why did he not come to declare the same vnto the Dictator Finally if he had beene as innocent as he was culpable I am not in any sort to be blamed seeing the Dictator hath not only allowed but also publickely lauded my deed I list not therefore further to dispute of his innocencie or his offence but rather the accuser that did accuse him And it appertaineth vnto the Dictator to defend me hauing performed my charge according to his commandements seeing that euen when I had done it he allowed my fact to be good and worthie for a maister of the knights as I was But who will any more obey the Dictators if when after their authoritie is expired it may be lawfull for any man to sue those which doe accomplish their commandements Declamation 11. Of the wife of a Tyrant who hauing slaine her husband required his sonne for a recompence THe law appointed that whosoeuer killed a Tyrant should obtaine of the Commonwealth whatsoeuer he demandeth except onely the gouernement thereof Moreouer the same law saith that after the death of the Tyrant all such as were neerest of kinne vnto him must likewise die although they be nothing culpaple Whervpon it happened that the wife of the Tyrant not knowing any cause why did slay her husband and required for recompence of her fact that her sonnes life might be saued and exempted from the foresaid law but the Citizens declared that the same could not bee done saying THe same law that promiseth you a reward doth denie you him whom you demand seeing that it commandeth expressely that all the kindred of the Tyrant should die wherefore if any other then your selfe had slaine him you should haue beene one of the same number yea and the first of all as she that was neerer vnto him then any other of his kinne and so consequently the chiefest partaker of his Tyrannie but yet to fauour you we will not now dispute vpon the cause of your killing of him whether the same was done through hate anger or for some other particular reason without anie regard at all of the common good for although no act be it neuer so good is to be performed by any wicked meanes yet do we allow your fact for good and laudable and you may induce vs to beleeue that you haue done it in a good zeale and for our benefit so that you will not desire to saue the Tyrants sonnes life for in preseruing it you shall not haue slaine but reuiued the Tyrant neither yet ended but prolonged the Tyrannie because it is more likely that a yoong man will liue longer then an old for surely although the Tyrants sonne be neuer so well disposed yet shall we alwaies suspect him can there be anie greater tyrannie then to stand in doubt of it continually seeing that of all euils feare is the cruellest part for without it death it selfe should be a soueraigne good Truly a knowne Tirannie were farre lesse greeuous then a daily feare to fall into it would be for the Prouerb saith That much better is a knowne mischiefe then a doubtfull pleasure how much then ought we to preferre a certaine good before a manifest euill of the which good we can neuer be assured so long as the tyrants sonne doth liue for the desire of reuenge is so whot and the couetousnesse to commaund and rule so vehement that hardly may he forget who was his father also it is to be feared that you would neuer haue slaine the fire if you had not thereby hoped one day to see the sonne in his seat which would be worse for vs then if the father were yet liuing You will say that the banishment of him whom we feare might very well put vs out of doubt the which can
countrie seeing that the equalitie of voices may acquite malefactors Thou maiest then thanke the law not thine innocencie for thine escape Thou saiest I am acquited and therefore you can neither account me nor call me a paricide I allow it so to be neither will I disherit thee therefore but for thy other vices which are the cause that there are as manie that beleeue thou wouldest haue murthered mee as there bee that doe stand in doubt thereof But who knoweth not that it is a greife for a father to accuse his son to bring him in danger of death although it be his desert What is he then that would be so cruel to accuse him wrongfullie I take God to witnes that as I am verie glad because thou hast escaped punishment so likewise would I take away all occasion to accuse thee anie more and in putting thee away I would take all occasion from thee to murther thy father The sonnes Answere AS there needeth but one voice to condemne me which God hath withheld to defend mine innocencie so is my ioy exceeding great in that I am freed from crime and disgrace as well as from punishment and a verie likelie matter is it that some of the Counsell beleeuing it to bee impossible that a father would euer accuse his sonne wrongfullie haue ben on your side but the other s who considering all men bee subiect to passion and that manie fathers doe imagine that the liues and deaths of their sons ought to be doomed by them and at their choice onelie haue equallie taken my part especiallie because there was no proofe or witnesse against mee And notwithstanding you disherit me because I should alwaies be secretly suspected of infamie wherby it appeareth that your meaning was neuer good towards mee or at the least it is corrupted by such as pretend to bee your heires so that although I am now oppressed by your authoritie I hope that by my patience all men shall know and your selfe wil confesse what a son I both haue ben am and euer shall be and it may bee that time may cause you change your euill opinion if God so please who neuer forsaketh the innocent Declamation 72. Of the sonne who striuing against his father obtained the dignity of Emperor afterwards being taken in the wars and crucified his father is accused to haue betraied him IT is to be considered that amongst our ancestors the dignitie of Emperour was no other then that which we at this day doe call Generall of an armie or Commonwealth the which dignitie was once demaunded by an ancient and valiant man But his sonne resisted him in such sort as hee obtained the place for himselfe and as the Prouerbe saith Mowed the grasse vnder his fathers feet Neuerthelesse they went to the wars together where it chanced the Emperor to be taken by the enemies Whervpon the Commonwealth sent fortie Embassadors to redeeme him vpon any condition whatsoeuer These Embassadors met the Emperors father who told them that he had brought gold to saue his sonnes life but it was too late because he was crucified before he came The Embassadors notwithstanding passed on further they found their Emperor according to his report crucified yet not so thorowly dead but that he said thus vnto them Beware of Treason Who at their returne vpon these words of the sonne accused his father to haue betraied him saying OVr Emperor hath suffered a shamefull death and the traitor hath receiued monie for the reward of his Treason We haue seen this same man more sad to see his sonne pronounced Emperour then sorrie to behold him taken of his enemies How was it possible that thou couldest returne alone being old and ouerladen with monie seeing they did take the Emperor Thou hast receiued more monie then thou couldest well hide but that is no great wonder seeing that in one person thou hast sold both a sonne and an Emperor together Who said vnto vs Beware of Treason but alasse he said it too late Trulie if the enemies had not giuen thee this gold they would haue taken it from thee as well as from others This sentence of the Emperor being readie to die was short and euen for shame verie hardly vttered seeing that thereby he accused his father Why diddest thou escape leauing thy sonne behind thee who was borne to be an Emperour Surelie for no other cause but that hee hindered thee from being one His proceeding against his father by lot and electiue voices was done to no other end but onelie thereby modestlie to shew that from henceforth hee would neither trust thee with the gouernement of the Commonwealth neither yet ought the same trust thee to gouerne it Our Embassadors carried gold thether to redeeme our Emperor and his father brought gold hether which hee receiued for selling him vnto the enemies How happeneth it that thou art not dead or at the least without motion and as it were crucified with thy sonne why diddest thou return so speedilie seeing he was aliue and did yet speake Certainlie his speech bewraied the Treason but his silence indeuoring to conceale the same did better decipher the Traitor that would not once stay the comming of the Embassadors nor yet returne with them againe This good Emperor although hee were crucified yet left not to bee carefull for the Commonwealth And therefore he said take you heed of Treason Behold how he could not conceale the Treason but like a child hee would not name the traitor Thou wilt say that compassion vrged thee to depart so quicklie We would know seeing thou couldest not haue him aliue why thou diddest not at the least redeeme him when hee was dead For neuer was anie enemie so cruell but that he would be moued with a fathers teares and so great a summe of gold together This word Take heed of Treason signifieth beware least anie without the priuitie of your towneguards doe come foorth of your cittie or without the knowledge of the Commonwealth doe goe vnto the enemie or least anie one doe returne from the General of the enemies loden with gold Nothing of this wanteth in all mens iudgement thou hast done al this thou wentest forth of the cittie thou hast ben in the enemies campe thou art returned thence loden with gold the Emperor warned vs of Treason the Embassadors haue disclosed the traitor all doubt is taken away consider onlie O Iudges who did speake who now speaketh and who speaketh not The fathers Answere I Did demand the Empire to saue my sonne from the danger whereinto himselfe hath fallen I know not whether there be anie Treason but you may thinke that if I were culpable therein my sonne would haue as little respect to accuse me as he had to striue with me for the Empire I did carrie monie thether which I haue brought backe againe for seeing my sonne taken I took all the gold which of long time I had hidden in my Nay who will doubt that shee hath not
thereof and they which will liue after their owne mind haue neuer inough of which number thou art one and that hath caused thee to cast away my son so miserablie for the which I demand iustice The Merchants Answere WHy doest thou persecute me O thou woman for a mischance that displeaseth mee no lesse then it doth thee If it were otherwise might not I haue kept this gold and haue made thee beleeue that thy son had ben run away from me Yea and that he had robbed me or els that hee had died by some other accident then couldest thou well haue indured thy sonnes losse together with thy poore life but indeed thou verifiest the old Prouerb which saith That a woman is extream in all things and that likewise shee commonly chuseth the worst whereby I might haue been better aduised when I told thee of this mishap being therfore no lesse sorrowfull then thy selfe for to say the truth it was a great lamentable mischance and now I doe verie well know how vnseemely it is for anie man to say I had not thought because euery wise man thinketh vpon euerie thing before hee doe anie thing Notwithstanding I dare affirme that few men would euer haue supposed that of a child there might be poyson made to kill men and surely I doubt whether thou art to bee blamed or no for bearing such a one for such children are begotten by vnlawfull coniunction when the woman is in her wicked disposition Furthermore if my son should haue persuaded mee to leaue him with that Turke I know not whether I should haue done it yea or no. Lastly I suffered him to doe what he would thinking it should haue beene for his profit and thine our deedes ought to bee measured by our good or bad meaning and not according to the euent therof and say not that a Turke dooth neuer buy a Christian to doe him anie good for manie slaues doe there become great lords and gouernors of Prouinces thy sonne would not credit my counsell and although I had not consented vnto his request yet would he haue left me to accomplish it the couetousnesse was in him and not in me hardlie may he bee either counselled or corrected that is naturallie enclined to wickednesse as hee was and I beleeue that hee had that from thee seeing that to the death of thy sonne thou wouldest ad the destruction of the dearest friend that thou hast in the wortd and who in stead of thy sonne and husband would bee the stay of thine age and alwaies helpefull vnto thee But it is trulie said women naturallie can neuer forgiue a fault nor acknowledge anie seruice or fauour that is done vnto thē Declamation 80. Of him that agreed to behead his father after his father refused to doe the like by him IT chanced that a father his son were both conuinced of treason for the which they were condemned to die neuertheles as they were readie to bee executed the Iudges being inclined to mercie rather then rigor were willing to saue one of them saying that the griefe which hee should haue that might see his kinsman die would serue for a sufficient punishment and to encrease the same they feigned that the one of them should be the others executioner they put it vnto their choice who should be the executioner and who the partie to be executed wherefore either of them striued a great while who should be the partie to be executed but in the end the son agreed to the death of his father and according to the decree would haue beheaded him the which the Iudges perceiuing they caused the execution to bee staied and pardoned the father and sent for the hangman to behead the sonne but the father defended him saying YOu ought not O you Iudges to pronounce your sentences in manner of a mockerie or by the ambiguitie or reuocation of them to increase the affliction of the afflicted vnder a coulour of moderating iustice with mercie if mine offence be not worthie of death why will you make me suffer many That is to say one in seeing the extremitie of the choice wherevnto you haue put vs another in contemning my life and offering vp my necke at naught to be cut of by my son and the third in seeing him to be condemned for being willing to accomplish your sentence If it bee a cruell deed to see a sonne execute his father that thereby hee might haue his owne life saued a greater cruelty would it be for the father to kill the sonne Wherefore O you Iudges you should not haue giuen so cruell a sentence but can you blame a child if to saue the prime time of his youth he doe not spare the withered age of his father whose yeares are not manie and they miserable For to say the truth age is an incurable maladie but although it were not yet sure griefe and dispaire would be my destruction if you haue anie children consider then what our miserie is And if you haue none learn of those which haue them what the affection of fathers towards their children is And then may you know that the extremitie of the choice which we haue beene put vnto without encreasing our miserie is sufficient to make vs seem more worthie of present pittie thē of further punishment Not in vain did Lisander of Sparta say vnto him that found him childishlie playing with his children I pray thee quoth hee doe not disclose this my follie at anie time vnlesse it be when thou hast children as wel as I for that discreet personage did very wel know that those which haue no children doe neuer know how great the father and childrens loue is one vnto another the which doth wax more feruent as our years and age increaseth wherefore it is no great wonder if my son hath consented to doe that which I could neuer agree vnto seeing that his yeares are all too yong as yet to vnderstand so wel as I what true affection meaneth therefore I cannot beleeue that he whom Manlius Torquatus caused to be beheaded to manifest his care in obseruing militarie discipline could assuredlie be his own son the which perchance himselfe did well vnderstand for that cause hee found occasion at one stroke to be both reuēged of the mother in grieuing her with the slaughter of her sonne the cause and witnesse of his sorrow and also by the same means to gaine an immortall memorie I say memorie because such kind of crueltie is not to be tearmed glorie But how many are there who for want of yeares and discretion haue conspired their fathers death and yet haue not beene compelled therevnto as this my sonne was but onlie either for the desire of rule or greedinesse of goods notwithstanding there was neuer anie father so cruell as to punish his sonne for all that except Herod that abhominable monster more cruell then anie brute beast But Dauid did not he weepe for his sonne Absolon by whom
so wise as you thinke your selfe to be to gaine a dignitie or an assured principalitie you should haue immitated some such as it may be being lesse cowardly but more wise then you and knowing themselues not valiant enough by armes to winne any authoritie doe become first begging friers and so well behaue themselues therin as afterwards they become cardinals yea and oftentimes obtaine the Papall seat in such sort should you haue become a Prince You I say who haue neither vertue nor valor but in your tongue by the which you could so well persuade my deceassed father to dishonour himselfe and to wrong his onlie sonne preferring you before him But I haue such an assured hope in the Emperour his sacred Maiestie who is our iudge as that shall be restored which of right belongeth vnto me and I assure that but for the respect I beare to the same Maiestie I would doe that as you should know you ought not to vsurpe my gouernement but thinke your selfe verie happie in surrendring the same ouer to me not receiue the punishment due for your rashnesse The Answere RAsh and vnaduised may he be tearmed who in the end of his reasons addeth threatnings in the presence of his imperiall Maiestie whom he faineth to respect vpon whom such an iniurie redoundeth rather then vpon me who am here vnder the protection of his said Maiestie But to answere vnto this your deed I say that it is not the act of a gentleman to disobey his father either whilest hee liueth or after his death in desiring to take that from me which he charged me to keepe by his last Will. Touching the first disobedience Durst you be so presumptious to vnderstand the cause why your father did forbid you to goe vnto the wars You were ouerbold therein since he knowing your indiscretion and wauering mind would not trust you with such a secret matter How manie things seeme aduantagious honourable and profitable vnto yong men which old men doe foresee to be a manifest ruin What doe you know what they doe keepe in store for you whom you haue offended in this war Or if he who euen by your aid is become more mightie shall vse the same his power to your preiudice For so did the Romans who being succoured by their confederats did first vanquish other nations and then afterwards subdued those their confederats likewise what do you know if your father foresaw the same or a greater danger If we are bound to beleeue old men how much more then ought euery one to beleeue his father of whom next to God he holdeth his life and his being And therefore they are double in fault which do not onlie giue no credit to their words but also do disobey their commandements as you haue done for if one way you shall lay the fault vnto your frailtie which hindered you from beleeuing the truth and shall say it is mans nature so to doe Yet your disobedience added therevnto doth another way make the same vnpardonable How manie are there that haue put their children to death for lesse fault then yours It may easelie be seene by the Hebrew Greeke and Latine histories As for example Saule the first King of the Hebrewes would not he haue put his sonne Ionathas to death for tasting a little honie against the commandement of his said father although he did it ignorantlie Epaminondas the Theban did not he cause his sonne to die for fighting cōtrarie to his cōmandement did not Aulus Posthumius and Manlius Torquatus Romans do the like what would they then thinke you haue done if their children contrarie their wil and commandment had gone to the wars as you haue done Teaching them who were with you to disobey their prince as you did your lord and father and not content to haue offended him during his life will confirme and ratifie your disobedience after his death in resisting his last Will and testament and to his great dishonor accuse him with want of wit For lesse fault was Cham the sonne of Noe not onlie disherited but also cursed of his father for euer yea and his posteritie after him who could not do with the faults of their father and grandfather The Romans had not the power ouer the life and death of their children So that but for such men as you that law at this law had not beene inuented for from the vniustice and wickednesse of men do good holy and righteous laws proceed Wherefore it is a true Prouerbe that offences beget laws and afterwards those laws doe discouer and punish offences for where no fault is there law is not requisit and where no law is there can be no breach thereof Wherevpon S. Paule saith That the law onlie made me know that to desire is sinne Your father did not prohibite you from the defence of your countrie or the church therefore you need not make a question of that which he did not but of that which hee did which was his dissuading you from this war and for the same cause hee added threatnings vnto his commandement And notwithstanding for all this you would not obey him but it may bee the great griefe which your father tooke for this your obstinacie hath procured his death and yet you say although he hath not wholly disherited you that he did you wrong to giue the principalitie vnto him whom he knew to bee best able to keepe it see how farre the loue of the father exceedeth all the malice that the sonne can imagine for notwithstanding after this your fault hee thought vpon your profit more then you deserued and therefore he had a desire to leaue you wherewithall to liue like a Prince but not the power to loose your selfe and your people Doe you thinke the good Prince did not know that in the warres vices are sooner learned then vertues And that you were more inclined to wickednesse then wisedome For how can he be a louer of vertue which despiseth both his father his commandements Moreouer hee knew very well that the countrie whose Prince is accustomed to the wars is neuer in peace and not being in peace it cannot prosper Also he said that as count●ies had long ben kept so they should be maintained because euerie alteration or change is dangerous and if there come any profit thereby it is not in their daies to bee expected who are then liuing Wherefore knowing that his predecessors and himselfe had more encreased and conserued their gouernement by wisedome equitie and iustice then by armes it seemed nothing reasonable vnto him to leaue for successor such a one who only seeking to be counted valiant would forsake all vertue which takes her beginning frō the feare of God and he which feareth him is another manner of man to his father then you haue beene to yours Now since your father had all these reasons on his part can you say he was not a good protector both of his people and also of you
If I had then this authoritie whilest he liued what a ieast were it that I should lose it after his death For when he was absent your oath bound you to me Wherefore hath the Generall a Lieutenant But onlie because himself being subiect to wounds sicknesse and lastly to death that he should maintaine and keepe the souldiors in obedience You cannot denie but that so long as he liued it was I to whom you were to yeeld an account of your actions but not for you to doubt of my authoritie for proofe whereof durst you refuse to follow me in anie place where I would lead you Or to denie to doe whatsoeuer I would command you Durst you once haue demanded whether that which I wold haue you doe was the pleasure of the Generall Would I not haue punished him with death that should haue disobeied me Or had I not the power by martiall law of my selfe to put anie disobedient souldiour to death The Colonell hath not he the like authoritie ouer the captaines And the captains ouer the others that commaund vnder them euen vnto the corporall who hath the same power ouer the priuat souldiour What doe you meane then to doubt of the authoritie of your Generall Consider souldiors how you haue sworne to serue your prince and follow your Ensigne which is meant so farre as you may bee allowed by the prince what will you then say Seeing your Ensignes are yet displaied and your captaines willing to serue Do you not know that you are entred in their muster-role and that you must march vnder them They vnder the Campmaisters the Campmaisters vnder the Colonels the Colonels vnder the Generall or his Lieutenant and the Generall vnder the prince if he be there if he be not then he representeth his person where is then your vnderstanding Who hath bewitched or seduced you that you wil thus peruert order and military discipline Is not this fellow a trim Orator being no lesse ignorant then ill aduised who thinking that he is the ablest and wisest man amongst the rest heapeth vpon himselfe alone all the dishonor and punishment of this fault he I saie that was worthie to die before hee was borne rather then he should haue attempted to corrupt so manie worthie and valiant men The noble Romans did sundrie times commit the like faults especiallie vnder that great Scipio in Spaine who also caused onelie Albius Calenus Atrius Vmbrius and others the inuenters of the mutenie to be punished as capital offenders and I doe assure you that in their deed they offended not so much as you for they had beene vnpaied of a long time and it was certainlie thought that Scipio their Generall was dead which was the cause that made the souldiors not onelie to mutenie but also manie citties and Prouinces to reuolt before they did mutenie Wherevpon Titus Liuius saith That when the authors of the deed were punished in the middest of their fellows there was not heard so much as one onlie grone seeing them beaten starke naked with hollie wands euen vntill they were readie to giue vp the ghost and afterwards their heads to be striken off being halfe dead Those men did mutenie because they did see that the Prouinces did rebell but you hauing passed the worst of a dangerous enterprise being vpon the point of a victorie the which your Generall whom you so greatlie bemone hath prepared for you with the price of his life would now giue it ouer Is it possible that the reuerence which you owe vnto his memorie and the shame of your selues should not be able to withhold you the greatest loue that can be shewed vnto anie man that is deceassed is to immitate his deeds and to obserue his precepts and you will whollie estrange your selues from them which doth plainlie declare that being vnworthie of such a Generall God hath taken him awaie from you or rather he verie well knowing your vnworthines was not desirous to liue anie longer I know not what els to say or thinke what should be become of your ancient valor and martiall reputation which was woont to haue more need of a bridle to hold you backe then spurs to prick you forward I am ashamed of your shame if it be true that you haue charged this lost man to make this discourse But I cannot beleeue it for the insolencie is too great so that it cannot proceed from anie other but from himself and so consequentlie none ought to beare the shame and punishment thereof but he Neuerthelesse for the good opinion which I haue of you I doe put his life and death into your hands hauing so great confidence in your nobilitie that you will not indure a man so pernicious to remain anie longer amongst you but if you shall suffer him it will be your owne hurt more then ours besides the shame and reproch which will continue for euer yea and that after death for there is no doubt but that the Historiographers doe as well record the faults of souldiors as their valiant acts which afterwards is oftentimes the cause that their posteritie doe fare the worse for it Lastlie I haue told some part of the reasons whie you cannot much lesse ought not to demaund that which this wicked man hath proponed without the consent of anie of you except it be of some such as are like vnto himselfe which maie well be termed the scum of the armie for in such assemblies there are some bad like as there is no corne without darnell no wine without lees nor anie fire without smoake or els if your vngraciousnesse be such as I can hardlie beleeue it is that manie are of that mind but rather that it is the lesser number and consequentlie the worser sort of all the armie I am of opinion that such kind of people are not fit to be kept for such a riddance of them will be profitable vnto the whole armie because a few well disciplined are more worth then a great number of those that are confused disobedient and without order Let them come forth then which would be discharged whilest the captains are here with their muster roles to the end that at the same time also they maie be commended rewarded which shall remaine constant in performing their duties and by the same meanes also to determine vpon that which wee are to write vnto the Prince and countrie of those who so cowardly doe forsake their leaders and companions You must note that when the Generals doe make these orations there is none so hardie that dare bee the first which will say he would bee discharged for they feare least some of them may bee alreadie corrupted or wonne by the captaines And by this meanes doe they punish the authors of the mutenie and vse some liberality towards the souldiors Declamation 21. Of Gamaliel who hauing slain two of his brethren because one of them had rauished his wife is accused by the others SAdoc and Gamaliel amongst diuerse others
desire of reuenge that staied her from making her choise according to her wicked intention Thou wouldest know where she hath bestowed that which she stole I beleeue that shee hath giuen it thee and that thou wouldst saue her life to haue some more by the like means Neuerthelesse we will punish her alone that confesseth the fact vntill that thy sinnes doe induce thee vnto the like confession or that thou bee conuinced by more apparent testimonie and in so doing we shall appease the gods fulfill the laws performe our duties and cleare our consciences which commandeth vs to root out the wicked forth of the Common-wealth by publike punishmēt because there is nothing that doth better maintaine the world in equitie then rewarding the good and punishing the bad Declamation 40. Of the wife that would not forsake her husband although he went about to procure her death IT happened that a man and his wife made an oath vnto each other that if one of them chanced to die the other should not suruiue aboue three daies after Vpon a certaine time the man went vpon a long iourney and being on his way he sent a false message vnto his wife which certified her that her husband was dead she to keepe her promise threw her selfe downe from the top of her house neuerthelesse she died not with the fall wherefore her father caused her hurts to be healed and kept her vntill certaine newes came how her husband was not dead but had sent her word of his death only because he was desirous of his wiues death Whereupon her father would haue cōpelled her to forsake her husband she would not he renounceth her for his child and disheriteth her for which she complaineth saying O Immortall God which by thy prouidence gouernest all mankind thou hast not permitted that this fact should be for our hurt or destruction but onelie for a triall and proofe of the loue which I beare vnto my husband yet my father would seperate those whom death could not put asunder neither is that which I haue done to be thought strange seeing that I had both cause to doe it the example of diuers women which haue done the like to allow it for some haue burned themselues with the dead bodies of their husbands others haue by their death redeemed their husbands life I am therefore happie to bee accounted one of the same number being yet liuing and my husband safe and sound who it may be would trie whether I were worthy to be beloued of him and now knowing it he will loue me better then euer he did The loue which is ouergreat is cause of suspitions and iealousies and therefore my husband was desirous not onelie to trie whether I did not loue some other but also whether he was beloued of me and I am verie glad that with the danger of my life hee hath found me such a one as he desired What wrong shall I then both doe vnto my selfe and vnto him if when I should reape the fruit of my loialtie and most constant loue I should depart from him God forbid I should so doe Moreouer I should neuer bee well able to liue without him for it was partlie the cause that I threw my selfe headlong down because I would not languish without the hope and comfort of his presence which I shall now possesse with more pleasure then euer I did To conclude I cannot leaue him and if I could I would not wherefore it is lost labour to speake any more thereof The fathers Answere IT cannot be denied but that he which went about to procure my daughters death is mine enemie wherefore there is no reason that she which loueth mine enemie better then her owne father should be my heire thou saiest I cannot nor I ought not to forsake him Why cannot or may not she so doe that cannot onely determine to die but to be her owne butcher Hauing no sooner heard a fained report of the death of thine enemie thou soughtest thine owne death in good earnest if thou couldest endure his abscence being gone on a long voiage when thou haddest occasion to loue him why canst thou not now doe the like hauing iust cause to hate him Thou art quite freed from all former oath or promise which thou hast made him in shewing the desire which thou hadst to accomplish that which he caused thee to sweare thereby not onely to abuse thee but to make thee die Thou saiest that all is fallen out for the best I know not how that should bee for as no bad act can be tearmed the author of any good so ought we not to iudge things by the euent but by the intent hardlie can hee euer loue thee who as oft as hee seeth thee shall be either ashamed of his fact or aggreeued that it tooke not such successe as he wished likewise the triall of loue is not made by a danger so euident Declamation 41. Of the prodigall sonne who being forsaken of his father redeemeth his brother whom his father had neglected THe law was such that when the children were thirtie yeares of age they might require their father to giue them their portion Wherevpon it chanced that a man had two sonnes the one of them was prodigall and the other a good husband He gaue the prodigall sonne his portion who demanded the same by vertue of the law and did wholy disherit him from anie of the rest of his lands or goods the other who was the good husband made a voiage by sea and fell into the hands of Pyrats he writ vnto his father for his ransome his father was deafe and could not heare on that side Wherevpon his prodigall brother redeemed him who when hee was returned home made his said brother his heire in recompence of his release by him wherewith the father being displeased disinheriteth the thirstie son of his patrimonie who withstandeth him thus ALl those which doe know what I haue done doe praise me for it except you How true an example of pittie and brotherly loue hath my brother shewed when sailing to seeke me hee hath aduentured great dangers trauailing ouer many lands and seas neuer giuing ouer his enterprise vntill he had brought mee home againe vnto my fathers house wherefore if you did loue me as both my obedience and seruices deserue and as nature doth bind you you could not denie but to haue receiued at his hands seruice most acceptable And in recompence thereof to haue acknowledged him for your heir as I haue done for if for his prodigalitie you did disherit him he hath shewed himselfe both towards you and me not to bee prodigall but indeed verie liberall If you did disher it him because he was vnprofitable hee cannot now bee tearmed so Seeing he could make so long a voiage and when all fatherly loue was in you forgottē he yet could performe the dutie both of a good sonne and a better brother You say that age hindered you from
wall accused the son for murthering his father saying O How wicked this world of ours is seeing that it hath brought foorth so cursed a man that hath at one instant both murthered his father would haue don the like to his mother in law so that I beleeue the feare of missing did in some sort hinder or stay his murtherous hand from giuing so great a stroke as hee intended and she fained her selfe dead least his purpose should haue been effected or to saue her husbands life whom this traitor hath murthered least he should haue been a witnesse against him for the fact as also because he did most vnnaturallie hate him for the kind and honest loue the man did beare vnto his wife and therfore he sought the means to expell me from hence that hee might better accomplish his wicked enterprise for two are more easilie slaine then three and it may be that he did put on such like apparell as mine to abuse this poor infant and to corrupt his innocencie by false testimonie but what witnesse can be more manifest then the breaking of the wall the which is likewise pulled down for the desire he had to murther his mother in law The Answere IT is verie apparent that thou commest neither vnprouided of sophistical arguments long before premeditated nor that thou art anie whit abashed of this murther seeing that the horror there of doth nothing hinder thy tongue from babling O miserable man that I am hearing the noise I ranne thether thinking to haue seene the adulterers taken but alasse I found my father killed which doth astonish me in such sort as I will onely answere that I doe not onely rest vpō the childs demonstration but vpon his further affirmation although thou hast of long time kept him in awe so that in pointing to thee with his finger hee hath both declared thee to bee the murtherer and also that thou hast oftentimes forbidden him to accuse thee for the lasciuious kisses proffered in his presence there is not anie witnesse more sufficient then the pointing of this innocent child who is of sufficient age to be able to know and discerne although not subtile inough to deceiue faine or lie If thou saiest that one witnesse is not sufficient then wil I stand vnto the peoples censure and will not refuse that thou she and I may bee all three examined by torments for God the right and fortitude shall be for the innocent Declamation 57. Of him that would compell his sonne to marry with his sister in law that was by him accused of adultery A Man had two sonnes to the one whereof hee gaue a wife who being married made a certain very long voiage into a far countrie during his absence his brother tooke such an hatred against his sister in law that hee accused her of adultery but yet not before the Iudges wherevpon her husband being returned took a bondwoman that was his wiues seruant and caused her to bee tortured so extreamely to know the truth that shee died with the torment not confessing anie thing wherefore his father that loued his daughter in law did sharpely reprooue him that hee would so lightly conceiue an ill opinion of her He as well for greefe that he had wrongfully suspected his wiues honestie and vniustly killed her bondwoman as also to perceiue his brothers malice and to haue procured his fathers displeasure did dispaire and either hanged or killed himselfe wherfore the father willed that according to the Iewish law the other sonne should marrie his brothers widdow or if otherwise he refused hee would vtterly forsake him and renounce him for his heire against the which his sonne pleaded in this sort YOu would haue me to marrie with my brothers widdow whom I haue accused for an adultresse as in sooth she is who caused both my brother to kill himselfe for griefe and compelleth you to disherit me I beleeue that you tempt me to take her to trie whether I did accuse her wrongfully or no for you your selfe would neuer giue mee an adultresse to wife but you might thinke if I did take her that she is chast and I am false truly if you could make mee to marrie her that both hateth me mortallie and I know to bee a dishonest woman one might then assuredlie beleeue that nothing would bee euer impossible for you to effect But why would you compell me to make her my bedfellow that hath made mee brotherlesse Her I say that is the cause of her husbands death of the discord twixt you and me of the scandale to our linage and of the peoples murmuring I haue alreadie chosen a wife that loueth me that will follow me if I will that wil neuer forsake me either in aduersitie or prosperitie and finallie that will bee such a one vnto me as a wife ought to be vnto her husband which will be more worth vnto me then a most great inheritance whereas if on the contrary I should marrie this woman euery one might suppose that I loued my brother but little to wed her that was the cause of his losse The Answere THere is nothing more reasonable seeing thy brother was desirous by his death to acquite the wrong which he had don vnto his wise by giuing credit to thy false accusation then that thou by marrying her mightest also declare her innocencie for the shortest follies are best wherefore it were better for thee to confesse and blot out thy fault by doing well then in perseuering alwaies in thine obstinacie to shew thy selfe in a double fault for thou art the onely cause of all these chances and slanders which thou obiectest therefore in not making amends for thy fault I may lawfully disinherit thee for thy follie Declamation 58. Of the sorceresse which poysoned her son in law and accused her owne daughter to haue ben consenting therevnto THe law appointeth that euery woman which vseth poysoh being conuinced of the crime should be tortured vntill she accused such as were partakers or consenting vnto her wicked act Whervpon it happened that a man hauing but one sonne married a second wife of whom hee had one daughter who being of reasonable yeares the sonne died of poyson and the mother in law is not onely suspected for his death but accused and conuinced thereof wherefore she being laied vpon the racke to make her confesse such as were consenting to her fact she accused her owne daughter so that shee was adiudged to bee burned with her mother but the poor father gainsaid it thus AH miserable child seeing thy mother hateth thee as much as thy father loueth thee O mischeeuous woman that euen vnto thine owne daughter thou art worse then a stepdame art thou not sufficiently glutted with thy passed murthers but thou must further gorge thee with thy daughters massacre But who knoweth not that such kind of people desire not to die without slaughter Wherefore amongst the fencers or souldiors that combat is most cruell which is fought
would faine find out some small occasion of quarrell like as they sought to condemne Brutus who did afterwards recouer their libertie and so did they accuse Manlius of inhumanity Silla of crueltie Marius of ambition Lucullus of superfluitie and manie others of couetousnesse But touching my deed what art thou more thē the other Censors that haue ben euer since the fault which thou chargest me withall who haue neuer accused me therfore not that they are any whit thy inferiors in wisdome or equitie or that they are lesse louers of the Common-wealth then thou but because they could better then thou consider that it was not lawfull and lesse reasonable to blemish so many worthie actions of our linage for a small vanitie of one alone who cannot yet bee said to haue done any act either contrarie to dutie or against iustice Declamation 60. Of a man without hands that renounced his sonne because he would not kill his mother being found in adulterie THe law saith that if any man doe take his wife committing adulterie it is lawfull for him to slay them both her and the adulterer but yet it must be without deceit likewise it saith that the sonne may reuenge the adulterie for his father Whervpon it happened that a martiall man lost his two hands in the wars and as one mischance doth neuer happen alone within a small time after he surprised his wife in adulterie and finding himselfe vnable he commanded his sonne to slay them the sonne would not wherevpon hee renounced him for his heire saying I Shall then by thy fault amongst all men bee he alone that hath neither pardoned nor punished adulterie but who in this case will not imagine that either I had no sonne or that my sonne had no hands Yet my greatest griefe consisteth in this that I know the contrary Alasse in finding the adulterers I felt in good earnest how great a misse I had of my hands alacke I lost them in the warres and my sonne could not find his in the house wherefore I may say that he stood mee in as little stead as my sword which I could not vse How shall he either vanquish the enemy or defend his countrie which hath denied the helpe of his hands vnto his father When will he sight for vs that could not fight for himselfe Get thee packing then with the adulterers whom thou hast suffred to escape and leaue me rather alone then so badly accompanied Thou saiest thy heart would neuer serue thee to kill thy mother why doest thou not also say that the adulterer is thy father as I doe verily beleeue and thou doest shew he is Seeing thou soughtest rather to please him in a matter vniust and execrable then me in that wherin by the gods law and reason thou wert commanded Wherefore it cannot bee said that I doe either renounce or disinherit thee without a cause A very notable answere of the sonne ALas me thought it was in a maner all one to murther my father as to kill my mother in his presence and as it was neuer allowable in a reasonable man to be cruell so were rigorous laws made more to terrifie all thē to torment anie for if the law be strict the interpretation thereof is large and they ought to tend rather vnto clemencie then crueltie a great mischiefe can neuer be appeased in cōmitting two others Moreouer the pleasure of reuenge doth suddainlie vanish but the contentment of mercie dooth neuer vade so likewise dooth euery pittifull heart melt in thinking vpon the horriblenesse of murther wherefore with the spectacle of a misfortune so suddaine all my bodie became sencelesse You good father did lacke your hands but before I could recouer my spirits I lost al my members yet was the mischiefe which you commanded more great then all the miserie which had happened was greeuous pardon me then if I did not accomplish your commandement in a thing which farre exceeded my strength and courage A father pardoneth his son if he refuse to faile because hee cannot brooke the seas that his heart doth faint as mine did the like happeneth if his heareserueth not to goe vnto the warres although he bee the sonne of a warlike father for euerie man is not borne to manage armes And it is to be considered for what intent the law saith that it is lawful for the father or the sonne to slay the adulterers Truly it was because the lawmakers were not ignorāt that there were some men which either could not or would not kill one another what can I doe with all if we are both of the same number you made by the warre vnapt and I by nature vnable wherein then can you blame me sauing that the adulterers are escaped because you were maimed and I amased or almost in a swound If the fault then be common why should I for the same bee onely condemned Declamation 61. Of two maidens rauished by one man for the which the one required his death and the other desired him for her husband THe law permitteth a maiden that is rauished to chuse either the death of the rauisher or to take him for her husband Wherevpon it chanced that one man defloured two maidens in one night so that the next morning the one required that he might die and the other requested to haue him for her husband wherfore she that desired his death said thus VVHo did euer see anie man saued for one offence by the meanes of another fault farre more hainous For if sinne proceed from humane frailtie to perseuere in the ●an●e is a diuelish obstinacie one defloured maid accuseth him the other defendeth him reuenge you our cause then O you iudges let the seueritie of your discipline bee redoubled seeing the crime is double the people doe already secretly desire it for he hath not onlie forced or rauished twaine but I alone haue ben defloured by twaine that is to say by him that did the deed by her that would preserue him from death must he be suffred to liue that hath deserued to die twise Had hee but deserued one death onlie he should not liue anie longer because no bodie would haue defended him but this woman would vnto our shame verifie the Prouerb which men do impose vpon our sex saying That women are selfe-willed and that they do alwaies chuse the worst If thou haddest ben the first that had ben forced I doe hardlie beleeue that thou wouldest haue desired him for thy husband To conclude as thou canst not sue anie further in his behalfe saue onely that thou maiest not bee depriued of thy choice so also canst thou not abridge me of my request it is in thy choice to saue his life for the fault he hath cōmitted against thee but thou canst not command his life for the iniurie done against mee seeing that I was first wronged let me be first reuenged and afterwards thou shalt wed him if thou wilt The Answere THou saiest that thou wert
he had receaued so manie detestable persecutions and iniuries Must there then be a quarrell taken because I haue ben more pittiful then my sonne who neuerthelesse would not do anie thing without my commandement by the dutie whcih he ought vnto me which hath chieflie induced him heretofore to commit that offence for which we are both condemned Lastlie reason willeth that your last sentence be not reuoked for no sentēce ought euer to be reuoked to the hinderance or preiudice of such as are to suffer if one of vs must die it is I that ought so to doe seeing that I was first born and being the elder I haue offended through malice but he through ignorance I willinglie and he in obeying me I then being the onlie cause that both hee and I haue offended it is requisit that I onlie should die for both our misdeeds and neuer imagine that my sonne doth for all that escape vnpunished for as all my miserie shall in my death haue an end so shall his calamitie in liuing together with his yeares dailie more and more increase as well in grieuing that hee hath offended the Commonwealth as that he hath ben constrained to kill his father by their commandement who ought to abhorre the onelie thought of so execrable a crueltie The answere of the Iudges OVr sentence was not pronounced by way of mockerie neither was it reuoked to encrease your miseries but onlie to know seeing you are both twaine worthie to die whether of you is most vnworthie to liue for mercie which assuageth Iustice ought alwaies to be extended towards him that is least culpable Wherefore finding your sonne more faultie then you we haue appointed him to die yet not by your hands for we know that the same were rather crueltie then iustice but we haue hereby made a certaine triall whether there were anie vertue remaining in him when in consenting vnto your death he hath bewraied his vngraciousnesse so that except you bee yet an enemie to your countrie you ought not to bewaile the death of a man so wicked or a sonne so worthlesse but we plainlie perceiue that euerie one fauoureth such as himselfe is and that you will neuer surceasse to hate the Commonwealth so that it will bee no great losse although you should as you say die with griefe for such a losse shall be more profitable to all then hurtfull to anie likewise of two wicked men we had rather saue him that by course of nature will die the soonest and which hath little time and lesse strength to accomplish his wicked purpose We haue children but if wee did know that they would euer bee like vnto you or your sonne wee would presentlie doe with them as wee will with him and as wee ought to doe with you they are to bee pittied which are poore and miserable not such as are wicked and malefactors for as to afflict the good it is an act of crueltie so to punish the bad is a deed of charitie we doe not cause your sonne to die for being willing to accomplish our sentence as you say but because he being alreadie worthie of death the same doth make him more worthie and wee doe saue you by our speciall grace because you would not kill him shewing your selfe at the least a better father then he is a sonne and the dutie which he ought vnto you can bee no excuse for him for it is verie apparent that he would hardlie euer haue obeied you had you commanded him to doe anie good true it is that neuer anie sentence is to bee reuoked to the hinderance of the good but as wee haue moderated the first to saue the life of one of you so is it lawful for vs now to applie the other in such sort that he may die which is most wicked Also the choice which we doe put you vnto cannot bee called crueltie seeing that it was not to that end that it should be so effected neither was the same anie suddaine inuention of our owne thoughts but it is to bee considered that the wickednes of malefactors causeth the iudges to inuent new extraordinary punishments thereby to represse vice the sooner To conclude if you thinke that we do you any wrong you may appeale vnto those who haue as great authoritie ouer vs as ouer you Declamation 81. Of a Chirurgion who murthered a man to see the mouing of a quicke heart THere was in Padua a most cunning Chirurgion excelling all others of his time who hauing made wonderfull experiences of his art for no lesse is the desire of cunning then is couetous of coine had also a wonderfull great desire to open a liue man that he might perfectly know the motion of the heart wherevpon hee made diuers and sundrie requests vnto the Senat of Venice that they would grant vnto him some condemned malefactor to make therewith this his desired experience but he could neuer obtaine the same at their hands for the Venetians are by nature not only pittifull but also somewhat supersticious But these refusals did but the more encrease the longing of this Chirurgion for to say the truth euery haulty spirit are in that like vnto women who doe for the most part couet after that which they are forbidden to touch So that hee being still in this rauing or rather longing there came vnto his doore a poore souldiour very well proportioned and of a sound bodie comming newly from the wars and demanded his almes of the Chirurgion who caused him to come in and cherished him secretly some three daies after his owne fantasie afterwards hauing brought him downe into a caue he caused him by certaine fellows hired for that purpose to be bound vnto a post and opening him aliue he saw that in him which he so greatly desired but as no murther can euer remaine vndisclosed long so it happened that one of his confederats was taken for some other crime and being vpon the racke he amongst other matters reuealed the murther which he his companions and the Chirurgion had committed wherevpon they were all taken and the Chirurgion confessed the fact saying TRue it is most iust Iudge and you worthie Senators that I haue ben the death of one man to saue the liues of an infinit number of others not onelie by the cures which I hope to performe during my life but by that which I will leaue behind mee in writing after my death wherefore it may bee said that hauing made an experience so notable and profitable I haue done worthilie but hauing killed a guiltles man I haue done wickedly I confesse it and would confesse to haue offended more hainouslie if I had not more then once intreated that to preuent a further mischiefe I might haue beene allowed to make this triall vpon some condemned malefactor the which I was neuer permitted to doe some one may answere must you therefore kill an innocent Or doe that by your owne authoritie which a whole Senate would neuer
Colleagues as being equall with them in authoritie But who can denie that I had not the power and that I did not command him not to fight during my absence The yoong Torquatus was iudged to die by his father onelie for hazarding his owne person and you would excuse Fabius who by his rashnesse did indanger all the campe yea the whole Commonwealth for the more you prise his victorie the more is the danger apparent wherevnto he brought the Commonwealth If such faults may bee borne withall who will not henceforth sticke to runne from his Ensigne Who will haue care to come when he is commanded Wherefore shall not the souldiour fight against his captaines will when the maister of the horse hath not onlie foughtē contrarie to the commandement of the Dictator but also in contempt of his authoritie hath burned the enemies and did not once aduertise him of anie thing thereof after the deed But hath indeuoured to animate the souldiours to defend him against the Dictator and afterwards did by force escape from the Lictor and would not obey anie summons but fled vnto Rome stirring vp the People Tribunes and Patricians to fauour him I know not what els to say sauing that manifest tyrannie excepted there could not a more hainous crime haue ben committed So that to conclude I will say that you may by force saue him from death but as for me I declare and protest that I neither will nor may acquite him Know that at these words all the people began to intreat the Dictator for his life wherefore without pardoning the fault he frankly gaue him vnto the people Declamation 98. Of the disherited sonne who claimed to haue his inheritance againe of the heires of him vnto whom his father had giuen them A Certaine man disherited his sonne vpon a iust cause and gaue his lands vnto another man who lying dead sick said that he would haue the inheritance which was giuen him to return to the disherited son Whervpō some few daies after he died before the notarie which he had sent for was come so as although there was nothing left in writing yet did not there want witnesses to testifie for the said sonne who demanded his inheritance saying WHo is he so ignorant which will beleeue that my father would euer haue dishērited mee in good earnest but that he rather made this deceassed man to promise that hee should restore my land vnto me after a certaine time for the kindnes of fathers doth alwaies exceed the malice of the children because that naturall loue is more readie to descend then to ascend as well for the instabilitie of youth as for the constancy that remaineth in age who knoweth doth well remember that hee hath done amisse in his youth and like as God naturallie loueth man farre more then man loueth him the which is knowne by his deuine bountie towards vs and our ingratitude towards him so the father may well be angrie with his son but what show soeuer he maketh therof yet can he not hate him for it should be contrarie to the law of nature who wil then imagine that my father being by nature mild and courteous towards all men could euer haue ben so cruell against his owne sonne All these reasons abouesaid are most manifest but were it so that my father had absolutely giuen away his possessions and mine inheritance vnto this dead man yet did he before his death restore the same againe vnto me being either in conscience or kindnesse mooued therevnto but had hee not more reason and libertie to giue it to me thē my father had to take it from me You say that nothing appeareth in writing for what end shold writings serue without witnesses Doe we not know that the paper endureth all things and the parchment much more wherefore the word of the testator and the authoritie of the witnesses is sufficient What if the Notarie after he had made the Will were dead must we not then haue had our recourse vnto witnesses Wherefore seeing the notary did not come time inough it may be because some of you staied him shal not the witnesse of such persons as are worthie to be beleeued serue the turne who did heare the deceassed man say that he would haue the said land to returne vnto me and for that effect did he send for the Notarie It is at the end of the life that a man doth chieflie seek to discharge his conscience and then or els neuer is the truth spoken wherefore it is most euident that this inheritance doth infalliblie appertaine vnto me and therefore I do demand to haue the same by friendship and if so it may not be then must I request it by Iustice The Answere YOur father is not the first that hath disherited his sonne it may be because he was more honest then you and there is no likelihood and lesse certaintie that hee hath caused this man to restore vnto you the inheritance but if it bee so as you say then prooue it for there is no reason to credit your words being such an one as you haue compelled your father to doe that which you cannot beleeue yet to prooue that this is so the effect maketh mention Wee beleeue that your fathers clemencie was great which it may be was the chiefest cause why hee desired to depriue you of all meanes to become anie more vicious for some such as you are doe liue better when they are poore then when they are rich wherefore you father in this was desirous to imitate our God who doth all things for the best although our nature is so corrupt as wee cannot comprehend the same Likewise wee must consider that the father is not easilie brought to hate his sonne but when he is inforced therevnto then is he more hard to be intreated or reconciled then a stranger the more slow men are to become angrie the more great and terrible is their wrath when it happ●eth euen so hath it beene with your father whom you affirme to bee naturallie mild and courteous thinke then what violence he did vnto himself before he had taken this irreuocable resolution against you So that your reasons seeme verie friuolous and chieflie when you say that this deceassed man being prouoked by the foresaid reasons or by his owne conscience hath restored vnto you those lands and goods which your father gaue vnto him his conscience could not be burdened seeing that nothing can bee more trulie gotten then that which commeth by gift likewise therein he should but alter the meaning of your father and his benefactor for it is verie likely that he did giue those goods vnto him and his heires why then should he seeke to defraud them to giue it vnto such a one who by his owne father was iudged vnworthie thereof His ingratitude thereby would bee too manifest but had he therin ben so aduised yet hath not the effect therof insued whether it were Gods doing or his